SB129 - Revises provisions governing occupational and professional licensing. (BDR 54-221)

S.B. 129 - *SB129* SENATE BILL NO. 129–SENATOR STONE PREFILED JANUARY 29, 2025 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions governing occupational and professional licensing. (BDR 54-221) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to professions; requiring certain regulatory bodies to issue an occupational or professional license by endorsement under certain circumstances; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law provides for the regulation of certain occupations and professions 1 in this State. (Title 54 of NRS) Existing law further: (1) requires a regulatory body 2 to adopt regulations providing for the issuance of a license by endorsement to 3 engage in an occupation or profession in this State to certain natural persons; and 4 (2) sets forth certain minimum requirements for obtaining a license by 5 endorsement. (NRS 622.530) Section 1 of this bill provides instead that a 6 regulatory body is required to issue a license by endorsement to engage in an 7 occupation or profession in this State to certain applicants without the regulatory 8 body having to adopt regulations. Section 1 also revises the requirements for a 9 person to obtain such a license by endorsement to require that, in addition to certain 10 existing requirements, the person: (1) is a resident of this State; (2) has held for at 11 least 1 year a corresponding valid and unrestricted license in good standing to 12 engage in that occupation or profession in the District of Columbia or any state or 13 territory of the United States; (3) has satisfied the minimum educational, 14 examination and experience requirements for such license; and (4) has not 15 voluntarily surrendered any license to engage in the occupation or profession while 16 under investigation by the corresponding regulatory authority in the other 17 jurisdiction. Section 1 also specifies that it is an alternative to any specific statute 18 relating to the issuance of a license by endorsement by a regulatory body. 19 Section 2 of this bill provides that certain regulations adopted by a regulatory 20 body pursuant to existing law relating to the licensure by endorsement are void and 21 must not be given effect to the extent of conflict with section 1. 22 – 2 – - *SB129* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 622.530 is hereby amended to read as follows: 1 622.530 1. Except as otherwise provided [by specific statute 2 relating to the issuance of a license by endorsement,] in this section, 3 a person may apply to a regulatory body [shall adopt regulations 4 providing] for the issuance of a license by endorsement to engage in 5 an occupation or profession in this State . A regulatory body shall 6 issue a license by endorsement to engage in an occupation or 7 profession in this State to any applicant who: 8 (a) Is a natural person [who: 9 (a) Holds] and a resident of this State. 10 (b) Has held for at least 1 year a corresponding valid and 11 unrestricted license in good standing to engage in that occupation or 12 profession in the District of Columbia or any state or territory of the 13 United States . [; 14 (b) Possesses qualifications that are substantially similar to the 15 qualifications required for issuance of a license to engage in that 16 occupation or profession in this State; and 17 (c) Satisfies the requirements of this section and the regulations 18 adopted pursuant thereto. 19 2. The regulations adopted pursuant to subsection 1 must not 20 allow the issuance of a license by endorsement to engage in an 21 occupation or profession in this State to a natural person unless such 22 a person: 23 (a)] If the applicant holds more than one license to engage in 24 the occupation or profession, all such licenses must be valid, 25 unrestricted and in good standing. 26 (c) Has satisfied the minimum educational, examination and 27 experience requirements for each such license to engage in the 28 occupation or profession issued by the District of Columbia or any 29 state or territory, as confirmed by the corresponding regulatory 30 authority. 31 (d) Has not been disciplined by the corresponding regulatory 32 authority of the District of Columbia or any state or territory in 33 which the applicant currently holds or has held a license to engage 34 in [an] the occupation or profession . [; 35 (b)] (e) Has not been held civilly or criminally liable in the 36 District of Columbia or any state or territory of the United States for 37 misconduct relating to [his or her] the occupation or profession . [; 38 (c)] (f) Has not had a license to engage in [an] the occupation or 39 profession suspended or revoked in the District of Columbia or any 40 state or territory of the United States . [; 41 – 3 – - *SB129* (d)] (g) Has not been refused a license to engage in an 1 occupation or profession in the District of Columbia or any state or 2 territory of the United States for any reason . [; 3 (e)] (h) Has not voluntarily surrendered any license to engage 4 in the occupation or profession while under investigation by the 5 corresponding regulatory authority of the District of Columbia or 6 any state or territory of the United States. 7 (i) Does not have pending any disciplinary action concerning his 8 or her license to engage in [an] the occupation or profession in the 9 District of Columbia or any state or territory of the United States . [; 10 (f)] (j) Pays any applicable fees for the issuance of a license that 11 are otherwise required for a natural person to obtain a license in this 12 State . [; 13 (g)] (k) Submits to the regulatory body a complete set of his or 14 her fingerprints and written permission authorizing the regulatory 15 body to forward the fingerprints to the Central Repository for 16 Nevada Records of Criminal History for submission to the Federal 17 Bureau of Investigation for its report or proof that the applicant has 18 previously passed a comparable criminal background check . [; and 19 (h)] (l) Submits to the regulatory body the statement required 20 by NRS 425.520. 21 [3.] 2. A regulatory body may [, by regulation,] require an 22 applicant for issuance of a license by endorsement to engage in an 23 occupation or profession in this State pursuant to this section to 24 submit with his or her application: 25 (a) Proof satisfactory to the regulatory body that the applicant: 26 (1) Has achieved a passing score on a nationally recognized, 27 nationally accredited or nationally certified examination or other 28 examination approved by the regulatory body; 29 (2) Has completed the requirements of an appropriate 30 vocational, academic or professional program of study in the 31 occupation or profession for which the applicant is seeking a license 32 by endorsement in this State; and 33 (3) [Has engaged in the occupation or profession for which 34 the applicant is seeking a license by endorsement in this State 35 pursuant to the applicant’s existing licensure for the period 36 determined by the regulatory body preceding the date of the 37 application; and 38 (4)] Possesses a sufficient degree of competency in the 39 occupation or profession for which he or she is seeking licensure by 40 endorsement in this State; and 41 (b) An affidavit stating that the information contained in the 42 application and any accompanying material is true and complete . [; 43 and 44 (c) Any other information required by the regulatory body. 45 – 4 – - *SB129* 4.] 3. Not later than 21 business days after receiving an 1 application for a license by endorsement to engage in an occupation 2 or profession pursuant to this section, the regulatory body shall 3 provide written notice to the applicant of any additional information 4 required by the regulatory body to consider the application. Unless 5 the regulatory body denies the application for good cause, the 6 regulatory body shall approve the application and issue a license by 7 endorsement to engage in the occupation or profession to the 8 applicant not later than: 9 (a) Sixty days after receiving the application; 10 (b) [If the regulatory body requires an applicant to submit 11 fingerprints and authorize the preparation of a report on the 12 applicant’s background based on the submission of the applicant’s 13 fingerprints, 15] Fifteen days after the regulatory body receives the 14 report [;] on the applicant’s background based on the submission 15 of the applicant’s fingerprints; or 16 (c) If the regulatory body requires the filing and maintenance of 17 a bond as a requirement for the issuance of a license, 15 days after 18 the filing of the bond with the regulatory body, 19  whichever occurs later. 20 [5.] 4. A license by endorsement to engage in an occupation or 21 profession in this State issued pursuant to this section may be issued 22 at a meeting of the regulatory body or between its meetings by the 23 presiding member of the regulatory body and the executive head of 24 the regulatory body. Such an action shall be deemed to be an action 25 of the regulatory body. 26 [6.] 5. A regulatory body may deny an application for 27 licensure by endorsement if: 28 (a) An applicant willfully fails to comply with the provisions of 29 paragraph [(g)] (k) of subsection [2;] 1; or 30 (b) The report from the Federal Bureau of Investigation 31 indicates that the applicant has been convicted of a crime that would 32 be grounds for taking disciplinary action against the applicant as a 33 licensee and the regulatory body has not previously taken 34 disciplinary action against the licensee based on that conviction. 35 [7.] 6. The provisions of this section [are intended to 36 supplement other provisions of statute governing licensure by 37 endorsement. If any provision of statute conflicts with this section, 38 the other provision of statute prevails over this section to the extent 39 that the other provisions provide more specific requirements] 40 relating to [licensure] obtaining a license by endorsement [.] are an 41 alternative to any specific statute relating to the issuance of a 42 license by endorsement by a regulatory body. 43 7. As used in this section, “regulatory body” means: 44 – 5 – - *SB129* (a) A board or commission which has the authority to regulate 1 an occupation or profession pursuant to this title; and 2 (b) Any officer of a board or commission which has the 3 authority to regulate an occupation or profession pursuant to this 4 title. 5  The term does not include a state agency or any officer of a 6 state agency which has the authority to regulate an occupation or 7 profession pursuant to this title. 8 Sec. 2. 1. The provisions of any regulation adopted by a 9 regulatory body pursuant to NRS 622.530, as that section existed 10 before the effective date of this section, relating to licensure by 11 endorsement which conflict with the provisions of NRS 622.530, as 12 amended by section 1 of this act, are void and must not be given 13 effect to the extent of the conflict. 14 2. The provisions of this act do not affect any regulation 15 adopted by a regulatory body pursuant to any specific statute 16 relating to the issuance of a license by endorsement other than 17 NRS 622.530. 18 3. As used in this section, “regulatory body” has the meaning 19 ascribed to it in NRS 622.530, as amended by section 1 of this act. 20 Sec. 3. 1. This section and section 2 of this act become 21 effective upon passage and approval. 22 2. Section 1 of this act becomes effective: 23 (a) Upon passage and approval for the purposes of adopting 24 regulations and performing any other preparatory administrative 25 tasks that are necessary to carry out the provisions of this act; and 26 (b) On January 1, 2026, for all other purposes. 27 H