WY Professional and Occupational Licensing Boards and Commissions

Report to:

WY Joint Transportation, Highways, & Military Affairs Committee August 12, 2019

Subject: Assessing Military Spouse Professional and Occupational Licensing and Agency Compliance with W.S. § 33-1-116 and 117

Compiled and Presented By: Nicole Novotny Smith, Executive Director, WY Real Estate Commission

Introduction

The Joint Transportation, Highways, and Military Affairs Committee adopted an interim topic of study to examine the professional and occupational licensing of military spouses in Wyoming. As presented to the Committee on May 14, 2019, the Wyoming Military Department is uncertain whether Wyoming professional and occupational licensing boards and commissions are meeting the statutory requirements for the licensing of military spouses prescribed by W.S. § 33-1-116 and 117. Per the testimony of the Military Department, it is critical that Wyoming’s professional and occupational boards and commissions be statutorily compliant, as well as, mindful of and responsible to the needs of active duty service members and their families when stationed in Wyoming. This report summarizes the current practices of Wyoming’s professional and occupational licensing boards and commissions, highlighting how they license individuals that meet the criteria set forth by W.S. § 33-1-116 and 117. Affixed to this report are Appendix A and Appendix B. Appendix A provides a quick-reference summary of licenses, requirements, timeframes, and costs for each licensing board/commission surveyed. Appendix B is a copy of the survey circulated to every Wyoming professional and occupational licensing board/commission.

Methodology

A survey was drafted by Executive Director Novotny Smith to assess how each professional and occupational board/commission licenses military spouses that meet the criteria specified in W.S. § 33-1- 116 and 117. On June 5, 2019, the survey was reviewed by the staff of several boards and commissions at the regular quarterly meeting of Wyoming licensing boards and commissions.

On June 12, 2019, the approved survey was disseminated via email to thirty-five (35) licensing boards/commissions including the thirty-two (32) identified by the Military Department in their report to the Committee on May 14, 2019. All responses were considered final on July 18, 2019 and this report was assembled using the results of the survey.

Results in Brief

The survey for this report was circulated to thirty-five (35) professional and occupational licensing boards and commissions administered by State of Wyoming agencies.

• Of the thirty-five (35) total boards/commissions identified for the survey, thirty-one (31) board/commissions responded to the survey, a response rate of 88.6%.

• Twenty-six (26) boards/commissions (74.3% of all boards/commissions, 83.9% of respondents) indicated that they had or have sufficient law and/or rules in place to accommodate military spouses per W.S. § 33-1-116 and 117.

• Twenty-six (26) boards/commissions (74.3% of all boards/commissions, 83.9% of respondents) indicated that they administer a shortened/streamlined/reciprocal/temporary licensing process for individuals that are currently licensed in another jurisdiction.

• Two (2) boards adopted rules specifically for W.S. § 33-1-116 and 117

• Five (5) boards/commissions have standard licensing processes for all applicants because of the unique nature of industry each board/commission serves

  
  

  Relevant Statute - W.S. § 33-1-116 and 117

  33-1-116. Professional and occupational licensure of military service members.

  1. As used in this section:

     1. "Applicant" means a person seeking licensure, certification or registration from a professional or occupational licensing board under W.S. 21-2-802 or under this title of the Wyoming statutes;

     2. "Military service" means service in the United States army, navy, air force, marine corps, coast guard, United States public health service commissioned corps, national oceanic and atmospheric administration commissioned corps, national guard or any reserve or auxiliary component of any of these services;

     3. "Military service member" means a person on active status in the military service, or a person released from military service within two (2) years of applying for licensure, certification or registration pursuant to this section and whose service was characterized upon release as honorable.

  2. In determining whether a military service member applicant's education and training meet a professional or occupational licensing board's respective educational and training requirements, the board shall consider any relevant education, training and experience received by the applicant 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 or the naval militia of any state.

  3. Unless otherwise provided in this section, military service member applicants shall be subject to the other provisions of this title and to any requirements properly adopted by the professional or occupational licensing board to which the applicant has applied.

  4. This section shall not apply to title 33, chapter 5 regarding attorneys-at-law or to any profession having authority to prescribe drugs that can only be obtained legally by prescription.

  5. Professional and occupational licensing boards shall adopt rules necessary to implement this section.

  6. Any emergency medical service license sought under W.S. 33-26-101 through 33-26-113 by a veteran of military service, by a military service member except a member of the national guard, by a national guard member separating from an active duty tour or by the spouse of any of these persons shall be processed and considered pursuant to the requirements of the Recognition of Emergency Medical Services Personnel Licensure Interstate Compact Act, W.S. 33-36-202.

33-1-117. Professional and occupational licensure of military spouses; temporary permits.

1. As used in this section:

   1. "Active" means a status of occupational or professional licensure which has not been suspended, revoked or terminated and which is not otherwise inactive;

   2. "Applicant" means a military spouse seeking licensure from a professional or occupational licensing board of this state;

   3. "Good standing" means a status of occupational or professional licensure which is in compliance with all requirements imposed by the issuing licensing, certification or registration authority;

   4. "License" means any license, certificate or registration required to practice an occupation or profession;

   5. "Military service member" means an active uniformed member of the United States army, navy, air force, marine corps, coast guard, United States public health service commissioned corps, national oceanic and atmospheric administration commissioned corps, national guard or any reserve or auxiliary component thereof;

   6. "Military spouse" means the spouse of a military service member as defined in paragraph (v) of this subsection who has been transferred or is scheduled to be transferred to Wyoming, is domiciled in Wyoming or has moved to Wyoming on a permanent change-of-station basis.

2. A professional or occupational licensing board shall issue a license to a military spouse to allow the military spouse to lawfully practice a profession or occupation requiring licensure in this state if the military spouse:

   1. Holds a relevant, active occupational or professional license in good standing from another state which state mandates substantially equivalent or more stringent educational, training, examination and experience requirements for licensure. Substantial equivalency shall be determined pursuant to rules which shall be adopted by the licensing board from which the military spouse applicant seeks licensure;

   2. Demonstrates competency in the occupation or profession for which the military spouse applicant seeks licensure. Competency shall be determined pursuant to rules which shall be adopted for that purpose and may include consideration of continuing education credits, recent work experience, disciplinary actions taken against the applicant in other states and other factors used to determine the competency of nonmilitary spouse license applicants;

   3. Has not engaged in any act that would constitute grounds for refusal, suspension or revocation of the occupational or professional license sought in this state; and

   4. Completes all required application procedures and pays any required fee.

3. All relevant work experience of a military spouse applicant, including full-time or part-time experience, regardless of whether in a paid or volunteer capacity, may be credited in any work experience requirement adopted by an occupational or professional licensing board.

4. This section shall apply to all applications for licensure under W.S. 21-2-802 or under title 33 of the Wyoming statutes except title 33, chapter 5, attorneys at law and applications to any board which represents a profession with prescriptive drug authority.

5. Pursuant to rules which may be adopted for this purpose, a professional or occupational licensing board may issue a temporary practice permit to a military spouse applicant who meets the requirements of paragraph (b)(i) of this section and who has applied for a professional or occupational license under this section. The military spouse applicant may practice under the temporary permit for a period not to exceed one hundred twenty (120) days or until the professional or occupational license for which they have applied has been either granted or denied, whichever first occurs.

6. Professional or occupational licensing boards shall adopt rules necessary to implement this section.

1. A board which licenses health care providers may refuse to issue or renew, or may suspend or revoke the license, certificate or temporary permit of any licensee or certificate holder, or otherwise discipline a licensee or certificate holder, upon clear and convincing evidence that the licensee or certificate holder has committed sexual misconduct.

2. As used in this section:

1. "Health care provider" means an individual who is licensed, certified or otherwise authorized or permitted by the laws of this state to provide care, treatment, services or procedures to maintain, diagnose or otherwise treat a patient's physical or mental condition;

2. "Sexual misconduct" means:

   1. Any behavior by a licensee that involves offers of exchange of medical services for some form of sexual gratification; or

   2. Sexual contact or sexual intrusion, as defined in W.S. 6-2-301(a), that occurs while the patient is under the care of the licensee.

Survey Response General Details

Wyoming Licensing Boards/Commissions that Responded to Survey – 31 out of 35

Licensing Boards/Commissions that did not respond – 4 out of 35

Board of Barbers Board of Cosmetology Electrical Board

Professional Teaching Standards Board

Survey Results Relating to W.S. § 33-1-116 and 117

Licensing Boards/Commissions that adopted rules specific to W.S. § 33-1-116 & 117 – 2 out of 31

Board of Certified Public Accountants Board of Physical Therapy

Licensing Boards/Commissions that have/had existing, sufficient law/rule in place – 26 out of 31

Licensing Boards with streamlined/shortened, reciprocal, or temporary licensing process for existing licensees from another jurisdiction – 26/31

1 The Board of Law Examiners is exempted from compliance with W.S. § 33-1-116 & 117

2 Administrative rule changes are in the drafting process

3 New administrative rules effective July 29, 2019

Licensing Boards with one standard processes for licensing all individuals – 5/31

Board of Athletic Training

Board of Funeral Service Practitioners Board of Midwifery

Board of Outfitters Dietetics Licensing Board

Conclusions and Next Steps

The results of the survey indicate that most Wyoming professional and occupational licensing boards and commissions effectively license military spouses meeting the criteria specified in W.S. § 33-1-116 and 117. In most cases, military spouses follow the same licensing processes as any other licensee holding an active, good-standing license in a recognized jurisdiction. It is further evident that most Wyoming licensing boards and commissions did not choose to promulgate rules establishing alternative routes of licensure, including temporary licenses, specifically for military spouses. It is logical that boards/commissions opted to improve upon existing processes rather than expend time and funds to create new license types (i.e. temporary licenses) for military spouses.

Data was not readily available from F.E. Warren Air Force Base regarding the number of military spouses requiring a professional or occupational license upon transfer to Cheyenne, Wyoming. Information regarding the difficulties military spouses regularly encounter in acquiring a professional or occupational licensing was also not available. With a lack of data and information on this topic, it is difficult to evaluate the impacts of additional measures related to the time and expense military spouses expend in acquiring a professional or occupational license in Wyoming.

In an effort to identify barriers, it is most logical to assume that the time and cost of acquiring or maintaining a license may hinder an individual relocating to Wyoming through the armed forces. Some of the boards and commissions surveyed reported they have identified time and cost barriers and worked to remove or diminish them. For example, The Board of Professional Engineers and Professional Land Surveyors reported that they instituted fee waivers for license renewals of military personnel. The Board of Pharmacy reported that the National Association of Boards of Pharmacy (NABP) administers discount and reimbursement programs for military personnel and their spouses. With this, the Committee may want to consider assessing the impacts of licensing fee waivers for military spouses, or, supporting an expedited application status for military spouses upon submission of a satisfactory license application.

WY Professional and Occupational Licensing Boards and Commissions Report to: WY Joint Transportation, Highways, and Military Affairs Committee

August 12, 2019

Subject: Assessing Military Spouse Professional and Occupational Licensing and Agency Compliance with W.S. § 33-1-116 and 117

APPENDIX A

Appendix Contents: This appendix contains information gathered via survey from Wyoming’s professional and occupational licensing boards/commissions regarding the time, requirements, and costs related to “Like”/Reciprocal licensing. The information in this appendix is presented alphabetically by board/commission.

Caveats to Consider

The information presented in this summary is current as of July 18, 2019; it is subject to change thereafter. A total of 35 boards/commissions were invited to submit information and 31 responded. These summaries only present licensing information related to individuals already actively licensed and in good standing (no discipline or convictions) in another jurisdiction and/or military spouses that qualify for a professional or occupational license under W.S. §33-1-116 and 117. This information is not relevant to new licensees or those reinstating a license.

This information, as presented, assumes that all licensees can verify proof of: passing scores on examinations; clean license histories; certifications; credentials; transcripts; references; etc. In some cases, additional time required for the processing of background checks nor does it account for necessary board/commission license application review, ratification, and/or approval.

This information does not include the costs of renewing and/or maintaining a professional or occupational license in Wyoming. Additional costs and requirements related to a professional or occupational career such as, but not limited to, commercial liability insurance, health/safety law/regulation, employment law/regulation, malpractice insurance, business law/regulation, etc. are not encompassed in these summaries.

Board of Acupuncture

Licenses can be issued within one to five (1-5) business days if all requirements are met. All requirements can be met by an applicant remotely.

Board of Architects and Landscape Architects

Licenses can be issued within one to three (1-3) business days if all requirements are met. All requirements can be met by an applicant remotely.

Board of Athletic Training

Licenses can be issued within one to three (1-3) business days if all requirements are met. All requirements can be met by an applicant remotely.

Board of Certified Public Accountants

Licenses can be issued within two to three (2-3) business days if all requirements are met. All requirements can be met by an applicant remotely.

Board of Chiropractic Examiners

Licenses can be issued within seven to twelve (7-12) business days if all requirements are met. All requirements but the jurisprudence exam can be met by an applicant remotely.

Board of Dental Examiners

Licenses can be issued within seven to twelve (7-12) business days if all requirements are met. All requirements but the jurisprudence exam can be met by an applicant remotely.

Board of Examiners in Optometry

Licenses can be issued within seven to twelve (7-12) business days if all requirements are met. All requirements but the jurisprudence exam can be met by an applicant remotely.

Board of Examiners of Speech-Language Pathology and Audiology

Licenses can be issued within two to three (2-3) business days if all requirements are met. All requirements can be met by an applicant remotely.

Board of Funeral Service Practitioners

Licenses can be issued within twelve (12) business days if all requirements are met. All requirements but the oral exam can be met by an applicant remotely.

Board of Hearing Aid Specialists

Licenses can be issued within five to ten (5-10) business days if all requirements are met. All requirements but the jurisprudence exam can be met by an applicant remotely.

Board of Law Examiners (State Bar)

Licenses can be issued within five to ten (5-10) business days if all requirements are met. All requirements can be met by an applicant remotely.

*The Board of Law Examiners is exempt from mandates to comply with W.S. § 33-1-116 and 117

Board of Medicineii

For the traditional licensing pathway, temporary licenses can be issued within five to seven (5-7) business days after core documents are provided by the applicant (based on clean license and malpractice claim histories).

For licensure through the Interstate Medical Licensure Compact (IMLC), full, unrestricted licenses are issued within one to two (1-2) business days after the Board receives a Letter of Qualification issued by an IMLC member state.

All requirements can be met by an applicant remotely.

Board of Midwifery

Licenses can be issued within seven to ten (7-10) business days if all requirements are met. All requirements can be met by an applicant remotely.

Board of Nursingii

Licenses can be issued within one to three (1-3) business days if all requirements are met. All requirements can be met by an applicant remotely.

Board of Nursing Home Administrators

Licenses can be issued within one to three (1-3) business days if all requirements are met. All requirements can be met by an applicant remotely.

Board of Occupational Therapy

Licenses can be issued within one to three (1-3) business days if all requirements are met. All requirements can be met by an applicant remotely.

Board of Outfitters

Licenses can be issued within one to three (1-3) business days if all requirements are met.

All requirements, except the Outfitter examination, an in-person interview with the Board, and an equipment inspection, can be met by an applicant remotely.

Board of Pharmacy

Licenses can be issued within five to seven (5-7) business days if all requirements are met. All requirements can be met by an applicant remotely.

Board of Physical Therapy

Licenses can be issued within five to seven (5-7) business days if all requirements are met. All requirements can be met by an applicant remotely.

Board of Professional Engineers and Professional Land Surveyors

Licenses can be issued within five to seven (5-7) business days if all requirements are met. All requirements can be met by an applicant remotely.

Board of Professional Geologists

Licenses can be issued within one to three (1-3) business days if all requirements are met. All requirements can be met by an applicant remotely.

Board of Psychology

Licenses can be issued within five to seven (5-7) business days if all requirements are met. All requirements can be met by an applicant remotely.

Board of Radiologic Technologists Examiners

Licenses can be issued within one to five (1-5) business days if all requirements are met. All requirements can be met by an applicant remotely.

Board of Registration in Podiatry

Licenses can be issued within two to three (2-3) business days if all requirements are met. All requirements can be met by an applicant remotely.

Board of Respiratory Care

Licenses can be issued within one to three (1-3) business days if all requirements are met. All requirements can be met by an applicant remotely.

Board of Veterinary Medicine

Licenses can be issued within five to seven (5-7) business days if all requirements are met. All requirements can be met by an applicant remotely.

Certified Real Estate Appraiser Board

Licenses can be issued within three to five (3-5) business days if all requirements are met. All requirements can be met by an applicant remotely.

Dietetics Licensing Board

Licenses can be issued within seven to twelve (7-12) business days if all requirements are met. All requirements can be met by an applicant remotely.

Mental Health Professions Licensing Board

Licenses can be issued within two to three (2-3) business days if all requirements are met. All requirements can be met by an applicant remotely.

Real Estate Commission

Licenses can be issued within three to five (3-5) business days if all requirements are met. All requirements can be met by an applicant remotely.

Water Well Contractors Licensing Board

Licenses can be issued within five (5) business days if all requirements are met. All requirements can be met by an applicant remotely.

i Indicates a college or advanced degree is needed to qualify for this license

ii Indicates membership in an interstate compact agreement

WY Professional and Occupational Licensing Boards and Commissions Report to: WY Joint Transportation, Highways, and Military Affairs Committee

August 12, 2019

Subject: Assessing Military Spouse Professional and Occupational Licensing and Agency Compliance with W.S. § 33-1-116 and 117

APPENDIX B

Appendix Contents: This appendix contains a copy of the survey questions circulated to Wyoming professional and occupational boards and commissions to gather information on how each board/commission licenses military spouses meeting the criteria specified in W.S. § 33-1- 116 and 117.

Wyoming Military Friendliness Survey - Professional Licensing

1. Please identify the Professional Licensing Board for which this survey is being completed.

   

   
   

2. Before we get started with the survey, please list the names of licenses issued by this Board that require attainment of a college degree:

   

   
   

3. Has this Board adopted special rules specifically for the licensing military spouses per the criteria provided in W.S. 33-1-116 and 117?

   Yes, we adopted rules

   No, standing rules were sufficient

   

   No, this issue has not been addressed Other (please specify)

   
   

4. Does this Board desire or intend to adopt special rules/processes specifically for the licensing of military spouses per W.S. 33-1-116 and 117?

   Yes No

   Unnecessary

   Other (please specify)

   
   

   

   
   

5. Does this Board have streamlined or shortened processes to license individuals (temporarily or fully) that have an existing, active license in good standing within another state/jurisdiction?

   Yes No

   Other (please specify)

   

   

   

6. In order to be licensed as quickly as possible by this Board, excluding attainment of a required college degree, what would an eligible military spouse (as defined in W.S. 33-1-116 and 117) need to accomplish in order to acquire a license (temporary or full) to practice? Please provide each license name and information for each license issued by this Board including fingerprint background check requirements. License #1

   License #2

   License #3

   License #4

   License #5

   
   

7. Excluding required college degree costs, on average, what are the costs for an eligible military spouse (as defined by W.S. 33-1-116 and 117) to complete all requirements (including education/classes, testing, materials, etc) and obtain a license? Please provide a detailed breakdown of all cost estimates listed. Please provide each license name and information for each license issued by this Board including costs for fingerprint background checks.

   License #1

   License #2

   License #3

   License #4

   License #5

   
   

8. Excluding the time needed to obtain required college degrees and conduct fingerprint background checks and assuming all fees are paid in full, on average, how much time would it take for an eligible military spouse (as defined by W.S. 33-1-116 and 117) submitting a complete application to receive a license to practice by your Board? Please provide each license name and information for each license issued by this Board.

   License #1

   License #2

   License #3

   

   License #4

   License #5

   

   

9. Besides acquiring a license, what other industry requirements, costs, or barriers exist on federal, state, and local levels could impact an eligible military spouse (as defined in W.S. 33-1-116 and 117) in starting this new practice/occupation in Wyoming as regulated by your Board?

   

   
   

10. Please add additional comments related to this survey and/or to your Board's work in maintaining rules and processes that are military-friendly.