84-950.

Occupational license or government certification; issuance required; conditions; procedure; appeal; validity.

(1) Subject to subsection (2) of this section and except as otherwise provided in section 84-946.01 or an occupational licensing compact:

(a) An occupational board shall issue an occupational license or government certification to an individual upon application if:

(i) The applicant holds a credential in another state or a military occupational specialty in the United States Military for an occupation with a similar scope of practice, as determined by the occupational board;

(ii) The applicant has held the credential or military occupational specialty for at least one year;

(iii) To obtain such credential or specialty, the applicant was required to pass an examination or meet education, training, or experience standards;

(iv) The applicant does not have a disqualifying criminal record as determined by the occupational board and verified by a criminal background check. For an applicant applying for a credential regulated by the Uniform Credentialing Act, the criminal background check shall be conducted according to section 38-131;

(v) The applicant's credential or military occupational specialty has not been revoked because of negligence or intentional misconduct related to the applicant's work in the occupation;

(vi) The applicant has not surrendered a credential or military occupational specialty because of negligence or intentional misconduct related to the applicant's work in the occupation in any state or in the United States Military;

(vii) The applicant does not have a complaint, allegation, or investigation pending before a board in any state or in the United States Military that relates to unprofessional conduct or an alleged crime. If such a complaint, allegation, or investigation is pending, the occupational board shall not issue or deny an occupational license or government certification until the complaint, allegation, or investigation is resolved or the applicant otherwise meets the criteria for an occupational license or government certification to the satisfaction of the occupational board; and

(viii) The applicant has paid all applicable fees required for issuance of the occupational license or government certification in this state;

(b) If an applicant has work experience for an occupation in a state or in the United States Military that does not use a credential similar to an occupational license, a government certification, or a military occupational specialty to regulate an occupation with a similar scope of practice to an occupation for which this state requires an occupational license or government certification, as determined by the occupational board, the occupational board shall issue an occupational license or government certification to an individual upon application based on work experience in another state or in the United States Military if:

(i) The applicant is not applying for a credential for an occupation that requires a credential issued under the Uniform Credentialing Act;

(ii) The applicant worked for at least three years in the occupation;

(iii) The applicant has not had a credential or military occupational specialty revoked because of negligence or intentional misconduct related to the applicant's work in the occupation;

(iv) The applicant has not surrendered a credential or military occupational specialty because of negligence or intentional misconduct related to the applicant's work in the occupation in any state or in the United States Military;

(v) The applicant does not have a complaint, allegation, or investigation pending before a board in any state or in the United States Military that relates to unprofessional conduct or an alleged crime. If such a complaint, allegation, or investigation is pending, the occupational board shall not issue or deny an occupational license or government certification until the complaint, allegation, or investigation is resolved or the applicant otherwise meets the criteria for an occupational license or government certification to the satisfaction of the occupational board; and

(vi) The applicant has paid all applicable fees required for issuance of the occupational license or government certification in this state; and

(c) If an applicant holds a private certification and has work experience for an occupation in a state or in the United States Military that does not use an occupational license, a government certification, or a military occupational specialty to regulate an occupation with a similar scope of practice to an occupation for which this state requires an occupational license or government certification, as determined by the occupational board, the occupational board shall issue an occupational license or government certification to an individual upon application based on such certification and work experience in another state or in the United States Military if:

(i) The applicant is not applying for a credential for an occupation that requires a credential issued under the Uniform Credentialing Act;

(ii) The applicant worked for at least two years in the occupation;

(iii) The applicant holds a private certification in the occupation;

(iv) The provider of such certification holds the applicant in good standing;

(v) The applicant has not had a credential, military occupational specialty, or private certification revoked because of negligence or intentional misconduct related to the applicant's work in the occupation;

(vi) The applicant has not surrendered a credential, military occupational specialty, or private certification because of negligence or intentional misconduct related to the applicant's work in the occupation in any state or in the United States Military;

(vii) The applicant does not have a complaint, allegation, or investigation pending before a board in any state or in the United States Military or another entity that relates to unprofessional conduct or an alleged crime. If such a complaint, allegation, or investigation is pending, the occupational board shall not issue or deny an occupational license or government certification until the complaint, allegation, or investigation is resolved or the applicant otherwise meets the criteria for an occupational license or government certification to the satisfaction of the occupational board; and

(viii) The applicant has paid all applicable fees required for issuance of the occupational license or government certification in this state.

(2) Prior to issuance of an occupational license or government certification under subsection (1) of this section, an occupational board may require an applicant to pass a jurisprudential examination specific to relevant state statutes and administrative rules and regulations that regulate the occupation if issuance of such occupational license or government certification in this state requires a person to pass such an examination.

(3)(a) Except as otherwise provided in subdivision (b) or (c) of this subsection, an occupational board shall approve or deny an occupational license or government certification in writing within sixty days after receiving a complete application under subsection (1) of this section or within five business days after the next meeting of the occupational board that is held after receiving a complete application under subsection (1) of this section, whichever is sooner.

(b) An occupational board may delay the approval or denial of an occupational license or government certification past the deadline prescribed in subdivision (a) of this subsection if the approval or denial is delayed because of the requirement to complete a criminal background check or a disciplinary history review, but such board shall approve or deny an occupational license or government certification in writing within five business days after receiving the results of the background check and the disciplinary history review or within five business days after the next meeting of the occupational board after receiving such results, whichever is sooner. Each occupational board shall document in writing each case in which approval or denial of an application is not provided within sixty days after receipt of the complete application.

(c) Notwithstanding subdivisions (a) and (b) of this subsection, a board that generally only holds a meeting quarterly shall only be required to approve or deny a license in writing within five business days after the next meeting of the board after receiving a complete application or, if a criminal background check or disciplinary history review is required, within five business days after the next meeting of the board after receiving such results.

(4) An applicant may appeal the denial of an occupational license or government certification under this section. The appeal shall be in accordance with the Administrative Procedure Act.

(5)(a) An occupational license or government certification issued pursuant to this section is valid only in this state and does not make the individual eligible to work in another state, in the United States Military, or under an interstate compact, or reciprocity agreement unless otherwise provided by law.

(b) Nothing in this section shall be construed to prevent this state from entering into a licensing compact or reciprocity agreement with another state, foreign province, or foreign country.

(c) Nothing in this section shall be construed to prevent this state from recognizing an occupational credential issued by a private certification organization, foreign province, foreign country, international organization, or other entity.

(d) Nothing in this section shall be construed to require a private certification organization to grant or deny private certification to any individual.

(e) This section provides a method of obtaining an initial occupational license or initial government certification in addition to and not in conflict with other methods under other provisions of law.

(f) Nothing in this section shall be construed to require an occupational board to issue an occupational credential in a manner that violates federal law.