HOUSE BILL NO. 6284

June 30, 2022, Introduced by Reps. Martin, Posthumus, Harris and Tisdel and referred to the Committee on Regulatory Reform.

A bill to amend 1980 PA 299, entitled

"Occupational code,"

by amending section 217 (MCL 339.217), as added by 2021 PA 26, and by adding section 218.

the people of the state of michigan enact:

Sec. 217. (1) Subject to subsection (2), the department shall issue a license or a certificate of registration for an occupation under this act without examination to an individual who demonstrates to the satisfaction of the department that he or she meets all of the following at the time of application:

(a) Provides proof that the individual is 1 of the following:

(i) A member of the armed forces or uniformed services.

(ii) A veteran.

(iii) A dependent of a member of the armed forces, a member of the uniformed services, or a veteran.

(b) Holds a valid license or registration in that occupation from an equivalent licensing department, board, or authority, as determined by the department, in at least 1 other state of the United States. For each license or registration described in this subdivision that he or she holds, all of the following must be met:

(i) The license or registration is in good standing. and he or she has held that license or registration for at least 1 year.

(ii) There were minimum education requirements and, if applicable, work experience requirements in effect for licensure or registration in the other state, and the other state verifies that he or she met those requirements for licensure or registration in that state.

(iii) If the other state required an examination for licensure or registration, he or she passed the examination.

(iv) The requirements for licensure or registration in the other state are substantially equivalent to or exceed the requirements of this act and any rule promulgated under this act for the license or registration.

(c) Has not had a license or registration revoked, and has not voluntarily surrendered a license or registration, in any other state of the United States or a foreign country while under investigation for unprofessional conduct.

(d) Has not had discipline imposed by any equivalent licensing department, board, or authority in another state of the United States. If another state of the United States has taken disciplinary action against the applicant, individual, the department shall determine if the cause for the action was corrected and the matter resolved. If the matter has not been resolved by that other state, the department shall not issue or deny a license or registration until the matter is resolved.

(e) Does not have a complaint, allegation, or investigation pending before an equivalent licensing department, board, or authority in another state of the United States or a foreign country that relates to unprofessional conduct. If the applicant individual has any complaints, allegations, or investigations pending, the department shall suspend the application process and shall not issue or deny a license or registration to the applicant individual until the complaint, allegation, or investigation is resolved.

(f) Pays all applicable fees.

(g) Is of good moral character.

(h) Meets the age requirement of that occupation under this act, if applicable.

(2) If the department determines that the issuance of a license or a certificate of registration under subsection (1) for an occupation under this act may result in a violation of a federal oversight or licensing guideline for that occupation, the department shall not issue a license or a certificate of registration.

(3) This section does not prevent the department from issuing a temporary license under section 213, a courtesy license under section 1806a, or issuing a license under section 726, 1108(2), 1211, 1806(9), 2013, 2209, or 2623.

Sec. 218. (1) The department shall issue a license or a certificate of registration for an occupation under this act to an individual who does not meet the requirements under section 217(1)(a) if the individual demonstrates to the satisfaction of the department that he or she meets all of the following at the time of application:

(a) Holds a valid license or registration in that occupation from an equivalent licensing department, board, or authority, as determined by the department, in at least 1 other state of the United States. For each license or registration described in this subdivision that he or she holds, all of the following must be met:

(i) The license or registration is in good standing, and the individual has held the license or registration for not less than 6 months.

(ii) There were minimum education requirements and, if applicable, work experience requirements in effect for licensure or registration in the other state, and the other state verifies that he or she met those requirements for licensure or registration in the other state.

(iii) If the other state required an examination for licensure or registration, he or she passed the examination.

(b) Has not had a license or registration revoked, and has not voluntarily surrendered a license or registration, in any other state of the United States or a foreign country while under investigation for unprofessional conduct.

(c) Has not had discipline imposed by an equivalent licensing department, board, or authority in another state of the United States. If another state of the United States has taken disciplinary action against the individual, the department must determine if the cause for the action was corrected and the matter resolved. If the matter has not been resolved by the other state, the department shall suspend the application process and shall not issue or deny a license or registration to the individual until the matter is resolved.

(d) Does not have a complaint, allegation, or investigation pending before an equivalent licensing department, board, or authority in another state of the United States or a foreign country that relates to unprofessional conduct. If the individual has any complaints, allegations, or investigations pending, the department must suspend the application process and not issue or deny a license or registration to the individual until the complaint, allegation, or investigation is resolved.

(e) Subject to subsection (4), pays all applicable fees.

(f) Is of good moral character.

(2) This section does not prevent the department from issuing a temporary license under section 213, a courtesy license under section 1806a, or issuing a license under section 726, 1108(2), 1211, 1806(9), 2013, 2209, or 2623.

(3) This section does not apply to a license issued under an interstate licensing compact applicable to an occupation under this act, does not apply to any licensing criteria established under an interstate licensing compact applicable to an occupation under this act, and does not make an individual who is licensed under this section eligible to be part of an interstate licensing compact applicable to an occupation under this act.

(4) The department shall not charge an individual who applies for a license or certificate of registration under this section a fee in an amount that exceeds the amount charged by the department to an individual who applies for the same license or registration under this act.