Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Community Development, Housing & Tribal Affairs Committee

SB 5970

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Evaluating military training and experience toward meeting licensing requirements.

Sponsors: Senators O'Ban, McCoy, Schoesler, Hobbs, Hatfield, Conway, Rolfes, Holmquist Newbry and Braun.

Brief Summary of Bill

  • Provides that military training and experience satisfies requirements for professional licensing if the training or experience is documented and is substantially equivalent to the requirements in state law.

Hearing Date: 2/20/14

Staff: Sean Flynn (786-7124).

Background:

The Department of Licensing (DOL) regulates a variety of businesses and professions, and the Department of Health (DOH) regulates a variety of health professions. Each regulated business and profession has a separate set of laws and separate licensing requirements. Some businesses and professions are regulated under the direct authority of the DOL or the DOH, and others are under a board or commission charged with regulating the particular business or profession.

Licensing requirements for these professions vary considerably. Some of the licenses require college level coursework, or equivalent, and experience requirements. Other professions require some level of training, clinical training, or work experience to be licensed. Other professions might require an examination, a surety bond, minimum safety standards, or other requirements, but do not require that applicants have specific training or experience to be licensed.

In 2011 the Legislature directed that military training or experience apply towards licensing or certification requirements for certain designated professions, unless the regulating body of the profession determines that the training and experience is not substantially equivalent to the standards of the state. This requirement applies to certain health professions, including denturists, dispensing opticians, ocularists, pharmacy assistants, physician assistants, osteopathic physician assistants, emergency medical technicians, radiologic technologists, nursing assistants, respiratory care practitioners, health care assistants, surgical technologists, dental assistants, expanded function dental auxiliaries, physical therapists, and physical therapy assistants.

The requirement also applies to other business professions including architects, cosmetologists, barbers, manicurists, estheticians, engineers, land surveyors, security guards, auctioneers, embalmers and funeral directors, real estate brokers and managing brokers, landscape architects, appraisers, court reporters, private investigators, bail bond agents, on-site wastewater treatment system designers, geologists, home inspectors, body piercing and tattooing licensees, camping resort salespersons, notaries public, driver training school instructors, timeshare salespersons, and boxing, martial arts, and wrestling licensees.

The application of military training and experience towards licensing requirements does not apply to various other health and business professions that are licensed or certified by the state. Many of these professions are also regulated through the DOL and DOH in Title 18 RCW, the general licensing title of the Code. Other agencies with regulatory authority under Title 18 RCW include: the Department of Labor and Industries (contractors and plumbers); the Board of Accountancy (certified public accountants); the Department of Ecology (licensed well digging); the Department of Financial Institutions (escrow agents); the State Director of Fire Protection; and county auditors (process servers).

Summary of Bill:

For all professions licensed under Title 18 RCW and certain professions licensed by the DOL outside of Title 18 RCW, military training and experience must be recognized as satisfying any or all requirements for obtaining a professional license, certificate, registration, or permit if:

If the board, commission, or other authority responsible for issuing the license determines that the training or experience is not substantially equivalent, it must inform the applicant in writing, identify the unmet criteria, and permit the applicant to submit additional documentation or information.

Each board, commission, or other authority must develop procedures to evaluate military training and experience and maintain a list of military training programs, certificates, awards, and work experience that it has approved in an application. The list of approved military programs must be submitted to the Department of Veterans Affairs annually on December 1.

"Military" means any branch of the United States Armed Forces, National Guard, and Armed Forces Reserves.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.