HB4037 VA AM 2-15

    The Committee on Veterans Affairs and Homeland Security moves to amend the bill on page 2, line 6, by striking everything after the enacting section and inserting in lieu thereof the following:

    “ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.

§30-1-6a. Consideration of military education, training and experience for licensure, certification or registration.

    (a) (1) The Legislature finds that many members and former members of the United States Armed Forces have had extensive professional and occupational training and experience while in the Armed Forces in various professions and occupations; that in many instances, the level of academic education, training and experience may be comparable to or may exceed what is required to qualify for licensure, certification, or registration or for examination for licensure, certification or registration in this state for a similar occupation or profession; and that certain training, education and experience of members and veterans of the Armed Forces should be sufficient to be applied toward meeting the requirements for licensure, certification or registration in a comparable profession or occupation.

    (2) The Legislature further finds that military veterans have expended and sacrificed a significant portion of their most productive earning potential working years of their life to the service of their country and should be given the opportunity to take advantage of their military education, experience and training toward pursuing a purloined career in licensed, certified or registered professions and occupations requiring licensure, certification or registration in this chapter.

    (3) The Legislature further finds that the state may be experiencing a shortage of qualified candidates for licensure certification or registration for these various professions and occupations. Therefore, it is in the public interest of this state to accommodate and attract persons with the appropriate military education, training and experience, to apply for licensure, certification or registration in a profession or occupation in West Virginia.

    (4) The Legislature further finds that the boards in this chapter have the particular expertise necessary to evaluate and determine what military education, training and experience is adequate to be acceptable toward meeting the qualifications for licensure, certification or registration and whether it is necessary that the competency of those persons be determined and evaluated by examination before they are so licensed, certified or registered.

    (b) This section shall be liberally construed to effectuate its purpose in the light of these findings.

    (c) Except as provided in subsection (e) of this section, all boards referred to in this chapter shall, upon presentation of satisfactory evidence by an applicant for licensure, certification or registration, accept education, training or experience of an individual as a member of the Armed Forces or Reserves of the United States, the National Guard of any state, the military reserves of any state toward the qualifications to receive the license, certification or registration.

    (d) Boards referred to in this chapter may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code as are necessary to implement the provisions of this section. The proposed rules shall establish criteria or requirements for military education, training and experience that qualify the applicant to take an examination for licensure, certification or registration or for a waiver of any examination requirement to be licensed, certified or registered.

    (e) The provisions of this section do not apply to the boards referred to in this chapter whose license, certification or registration requirements are subject to the provisions of article twenty-four of this chapter.

§30-1-6b. Licensure, certification or registration of persons and spouses of persons on military active duty; extension of licenses or registration; waiver of certain license, certification or registration requirements.

    Notwithstanding any other provision of this chapter to the contrary:

    (1) The license, certification or registration of a person regulated by a board in this chapter, during periods when the licensee, certificate holder or registrant is on active duty as a member of the Armed Forces of the United States, the National Guard of this state or any other state or any other military reserve component and deployed outside of this state, and for six months after discharge from active duty, continue in good standing and shall be renewed without:

    (A) Payment of any dues or fees for the maintenance or renewal of the license, certification or registration; and

    (B) Meeting continuing education requirements for the license, certification or registration when:

    (i) Circumstances associated with military duty prevent the individual from obtaining the required continuing education, and a waiver request has been submitted to the appropriate board, which circumstances include, but are not limited to, deployment outside of the United States or in any combat area; or

    (ii) The individual performs the licensed, certified or registered profession or occupation as part of his or her military duties as annotated in Defense Department Form 214 (DD214).

    (2) The license, certification or registration of a person regulated by a board referred to in this chapter, during periods when the licensee, certificate holder or registrant is accompanying his or her spouse who is on active duty as a member of the Armed Forces of the United States, the National Guard of this state or any other state or any other military reserve component and deployed outside of this state, and for six months after discharge from active duty, continue in good standing and shall be renewed without:

    (A) Payment of any dues or fees for the maintenance or renewal of the license, certification or registration; and

    (B) Meeting continuing education requirements for the license certification or registration when circumstances associated with military duty prevent the individual from obtaining the required continuing education, and a waiver request has been submitted to the appropriate board, which circumstances include, but are not limited to, deployment of the spouse outside of the United States or in any combat area.”