WEST VIRGINIA LEGISLATURE

2025 REGULAR SESSION

Introduced

Senate Bill 2001

By Delegates Hanshaw (Mr. Speaker) and Hornbuckle
[By Request of the Executive]

[Introduced February 18, 2025; referred to the Committee on Government Organization]

 

A BILL to amend the Code of West Virginia, 1931, as amended by adding thereto a new section designated §30-1-27, relating to the establishment of universal professional and occupational licensing, registration, and certification.

Be it enacted by the Legislature of West Virginia:

 

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

§30-1-27. Universal Professional and Occupational Licensing Act of 2025.

 

(a) Notwithstanding any other provision of this code to the contrary, every board of examination or registration in this chapter shall issue an occupational or professional license, registration, or certificate without examination in the discipline applied for and at the same practice level as determined, to a person who either:

(1) Establishes residence in this state; or

(2) Is married to an active-duty member of the armed forces of the United States and has accompanied the member to an official permanent change of station to a military installation located in this state.

(b) To qualify for a license under this section, a person listed in division (a)(1) or (a)(2) of this section must apply to a board of examination or registration in this chapter for a license in a particular disciple and meet all of the following criteria:

(1) The person is currently licensed, registered, or certified in at least one other state in the discipline applied for and at the same practice level as determined by the board of examination or registration in this chapter;

(2) The person’s license, registration, or certification is in good standing in all states in which the person holds a license, registration, or certification;

(3) The person has been licensed, registered, or certified by another state for at least one year;

(4) The person was licensed, registered, or certified by another state where there were minimum education requirements and, if applicable, work experience and clinical supervision requirements in effect and the other state verifies that the person met those requirements in order to be licensed, registered, or certified in that state;

(5) The person previously passed an examination required for the license, registration, or certification if required by the other state;

(6) The person has not had a license, registration, or certificate revoked or has not voluntarily surrendered a license, registration, or certificate in any other state or country while under investigation for unprofessional conduct;

(7) The person has not had any other form of discipline imposed by any other regulating entity: Provided, That if another state’s regulating entity has taken disciplinary action against the person, a board of examination or registration in this state may issue the person a license, registration, or certificate if it determines the cause of action in the other state was corrected and the matter fully resolved. If the matter has not been resolved in the other state, the board of examination or registration in this state may not issue or deny a license until the matter is resolved;

(8) The person pays all applicable fees in this state; and

(9) The person does not have a disqualifying criminal history as determined by the board of examination or registration in this state.

(c) This section does not prevent a board of examination or registration in this chapter from entering into a reciprocity agreement with another state or jurisdiction for persons married to active duty members of the armed forces of the United States, except that the agreement may not allow out-of-state licensees or certificate holders to obtain a license or certificate by reciprocity in this state if the applicant has not met standards that are substantially equivalent to or greater than the standards required in this state as determined by the regulating entity on a case-by-case basis.

(d) Notwithstanding subsection (a) of this section, a board of examination or registration in this chapter that administers an examination on laws of this state as part of its license, registration, or certificate process may require a person who applies for a license, registration, or certification under this section to take and pass an examination specific to the laws of this state.

(e) A person who is licensed pursuant to this section is subject to the laws regulating the person’s practice in this state and is subject to the jurisdiction of the board of examination or registration who issued the license, registration, or certification under this section.

(f) This section does not apply to:

(1) Any license authorizing a person to practice law in this state; or

(2) Any requirement for a background investigation by the West Virginia State Police under §29-22B-601 et seq. of this code.

(g) A license or certificate issued pursuant to this section is valid only in this state and does not make the person eligible to be part of an interstate compact. A board of examination or registration in this chapter may determine eligibility for a person to be licensed or certified under this section if the person is not part of an interstate compact.

(h) All boards of examination or registration in this chapter shall prominently print the following notice on all license, registration, and certificate applications and websites:

Pursuant to W. Va. Code §30-1-27, a person shall be granted an occupational or professional license, registration, or certificate if the person has been licensed or certified in another state for at least twelve months, the license, registration, or certificate is in the same discipline and at the same practice level as the license, registration, or certificate for which the person is applying in this state and the person meets other conditions prescribed by W. Va. Code §30-1-27.

(i) Beginning July 1, 2025, all board of examination or registration that are required to issue occupational or professional licenses, registrations, or certificates pursuant to this section shall track information about applications received and submit and report that information to the Secretary of the Department of Commerce and the Senate and House committees on government organization on or before the fifteenth day following the end of each quarter.

NOTE: The purpose of this bill is to universal professional and occupational licensing reciprocity in West Virginia and standards used by boards of examination and registration for accepting the professional and occupational licenses issued by other states.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.