21.0565.02000
Sixty-seventh
Legislative Assembly SENATE BILL NO. 2175
of North Dakota
Introduced by
Senators Meyer, Anderson, Burckhard, Hogue
Representatives Nathe, Vetter
1 A BILL for an Act to amend and reenact subsection 3 of section 15.1-13-17 and sections
2 43-51-01, 43-51-11, 43-51-11.1, and 43-51-11.2 of the North Dakota Century Code, relating to
3 occupational licensure of members of the military and military spouses; and to provide for a
4 report.
5 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
6 SECTION 1. AMENDMENT. Subsection 3 of section 15.1-13-17 of the North Dakota
7 Century Code is amended and reenacted as follows:
8 3. The board shall grant a teaching license to an applicant who is a military spouse or
9 military member who meets the requirements of section 43-51-11.1.
10 SECTION 2. AMENDMENT. Section 43-51-01 of the North Dakota Century Code is
11 amended and reenacted as follows:
12 43-51-01. Definitions.
13 As used in this chapter, unless the context indicates otherwise:
14 1. "Board" means a board, commission, or other agency of state government created or
15 identified in this title to regulate a particular occupation or profession and the
16 education standards and practices board.
17 a. The term does not include the:
18 (1) State board of accountancy;
19 (2) State electrical board;
20 (3) North Dakota real estate appraiser qualifications and ethics board;
21 (4) State real estate commission;
22 (5) Secretary of state with respect to contractor licensing;
23 (6) North Dakota board of medicine; and
24 (7) State board of dental examiners.
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1 b. The term includes any other agency of state government which is created or
2 identified outside this title to regulate a particular occupation or profession if the
3 agency elects, by administrative rule, to invoke the authority in this chapter.
4 2. "Foreign practitioner" means an individual who currently holds and maintains a license
5 in good standing to engage in an occupation or profession in a state or jurisdiction
6 other than this state and who is not the subject of a pending disciplinary action in any
7 state or jurisdiction.
8 3. "Good standing" means a foreign practitioner holds a current license that is not issued
9 on a temporary or restricted basis, is not encumbered or on probation, and is not
10 suspended or revoked.
11 4. "License" means a license, certificate, permit, or similar authorization to practice an
12 occupation or profession which is issued by a government agency in another state or
13 jurisdiction that imposes requirements for obtaining and maintaining a license which
14 are comparable to the requirements imposed in this state to obtain and maintain a
15 license to practice the same profession or occupation.
16 5. "Military member" means a member of the armed forces of the United States or a
17 reserve component of the armed forces of the United States stationed in this state in
18 accordance with military orders or stationed in this state before a temporary
19 assignment to duties outside of this state.
20 6. "Military spouse" means a foreign practitioner who is the spouse of a military member
21 of the armed forces of the United States or a reserve component of the armed forces
22 of the United States stationed in this state in accordance with military orders or
23 stationed in this state before a temporary assignment to duties outside of this state.
24 6.7. "Occupation or profession" means activity for which a license is required from a board
25 or similar activity for which a license is required in another state or jurisdiction.
26 SECTION 3. AMENDMENT. Section 43-51-11 of the North Dakota Century Code is
27 amended and reenacted as follows:
28 43-51-11. Members of military - License renewal.
29 1. A board shall adopt rules to provide for or shall grant on a case-by-case basis
30 exceptions to the board's license renewal requirements in order to address renewal
31 compliance hardships that may result from:
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1 a. Activation of more than thirty days of a licensee who is a member of the national
2 guard or armed forces of the United Statesa military member.
3 b. Service in the theater or area of armed conflict by a licensee who is a military
4 member of the regular active duty armed forces of the United States.
5 2. For purposes of this section, the term board includes the state board of accountancy,
6 state electrical board, North Dakota real estate appraiser qualifications and ethics
7 board, state real estate commission, secretary of state with respect to contractor
8 licensing, North Dakota board of medicine, and state board of dental examiners.
9 SECTION 4. AMENDMENT. Section 43-51-11.1 of the North Dakota Century Code is
10 amended and reenacted as follows:
11 43-51-11.1. Military spouses and military members - Licensure.
12 1. A board shall adopt rules regarding licensure of a military spouse or a military member
13 or shall grant on a case-by-case basis exceptions to the board's licensing standards to
14 allow a military spouse or military member to practice the occupation or profession in
15 the state if upon application to the board:
16 a. The military spouse or military member demonstrates competency in the
17 occupation or profession through methods or standards determined by the board
18 which must include experience in the occupation or profession for at least two of
19 the four years preceding the date of application under this section; and
20 b. The board determines the issuance of the license will not substantially increase
21 the risk of harm to the public. A board with authority to require an applicant to
22 submit to a statewide and national criminal history record check under section
23 12-60-24 may order such a record check under this subdivision.
24 2. A board shall issue a provisional license or temporary permit to a military spouse or
25 military member for which the licensure requirements under subsection 1 have been
26 substantially met. A board may not charge a military spouse or military member any
27 fees for a provisional license or temporary permit under this subsection. A provisional
28 license or temporary permit issued under this subsection may not exceed two years
29 and remains valid while the military spouse or military member is making progress
30 toward satisfying the unmet licensure requirements. A military spouse or military
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1 member may practice under a provisional license or temporary permit issued under
2 this subsection until any of the following occurs:
3 a. The board grants or denies the military spouse or military member a North
4 Dakota license under subsection 1 or grants a North Dakota license under the
5 traditional licensure method;
6 b. The provisional license or temporary permit expires;
7 c. The military spouse or military member fails to comply with the terms of the
8 provisional license or temporary permit; or
9 d. The board revokes the provisional license or temporary permit based on a
10 determination revocation is necessary to protect the health and safety of the
11 residents of the state.
12 3. A board that may elect to subject the board to this chapter under subsection 1 of
13 section 43-51-01 may issue a license, provisional license, or temporary permit to a
14 military spouse or military member in the same manner as provided under
15 subsections 1 and 2 regardless of whether the board has adopted rules to subject the
16 board to this chapter.
17 4. A military spouse or military member issued a license under this section has the same
18 rights and duties as a licensee issued a license under the traditional licensure method.
19 5. If within thirty days of receipt of a completed application under subsection 1 the board
20 does not grant or deny a license under subsection 1 or does not issue a provisional
21 license or temporary permit under subsection 2, the board automatically shall issue a
22 provisional license or temporary permit. A provisional license or temporary permit
23 issued under this subsection remains valid until the board grants or denies the
24 application for licensure under subsection 1 or issues a provisional license or
25 temporary permit under subsection 2.
26 6. For purposes of this section, the term "board" includes the state board of accountancy,
27 state electrical board, North Dakota real estate appraiser qualifications and ethics
28 board, state real estate commission, secretary of state with respect to contractor
29 licensing, North Dakota board of medicine, and state board of dental examiners.
30 SECTION 5. AMENDMENT. Section 43-51-11.2 of the North Dakota Century Code is
31 amended and reenacted as follows:
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1 43-51-11.2. Members of the military and military spouses - Licensure applications.
2 1. On each licensure application and renewal form, a board shall inquire and maintain a
3 record of whether an applicant or licensee is a military member of the military or
4 military spouse. If an applicant self-identifies as and provides the board with
5 satisfactory proof of being a military spouse or military member, the board immediately
6 shall commence the process to issue a license, provisional license, or temporary
7 permit under section 43-51-11.1.
8 2. Annually, on forms developed by the department of commerce, each board shall report
9 to the department of commerce regarding military member and military spouse data.
10 3. For purposes of this section, the term "board" includes the state board of accountancy,
11 state electrical board, North Dakota real estate appraiser qualifications and ethics
12 board, state real estate commission, secretary of state with respect to contractor
13 licensing, North Dakota board of medicine, and state board of dental examiners.
14 SECTION 6. OCCUPATIONAL LICENSURE BOARDS - REPORT TO DEPARTMENT OF
15 COMMERCE. During the 2021-22 interim, each occupational and professional board shall
16 review its licensure laws and rules to determine whether the laws and rules are consistent with
17 this Act. Before August 2022, on a form developed by the department of commerce, each
18 occupational and professional board shall submit a report to the department of commerce on
19 the status and outcome of that board's review of its laws and rules.
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Statutes affected: INTRODUCED: 15.1-13-17, 43-51-01, 43-51-11, 43-51-11.1, 43-51-11.2
Enrollment: 15.1-13-17, 43-51-01, 43-51-11, 43-51-11.1, 43-51-11.2