Section 324.025

Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 324

Effective - 28 Aug 2020   

  324.025.  Expanded workforce access act of 2020 — definitions — apprenticeship licensure, requirements — rulemaking authority — inapplicability. — 1.  The provisions of this section shall be known and may be cited as the "Expanded Workforce Access Act of 2020".

  2.  For purposes of this section, the following terms mean:

  (1)  "Apprenticeship", a program that the United States Department of Labor deems to meet the federal guidelines set out in 29 CFR Part 29 and 29 U.S.C. Section 50;

  (2)  "License", a license, certificate, registration, permit, or accreditation that enables a person to legally practice an occupation, profession, or activity in the state;

  (3)  "Licensing authority", an agency, examining board, credentialing board, or other office of the state with the authority to impose occupational fees or licensing requirements on any profession.

  3.  Beginning January 1, 2021, within the parameters established under the federal Labor Standards For the Registration of Apprenticeship Programs under 29 CFR Part 29 and 29 U.S.C. Section 50, each state licensing authority shall grant a license to any applicant who meets the following criteria:

  (1)  Successfully completed the eighth grade;

  (2)  Completed an apprenticeship approved by the division of professional registration or the United States Department of Labor, or otherwise permitted under state or federal law; and

  (3)  Passed an examination, if one is deemed to be necessary, by the appropriate licensing authority.

  4.  (1)  The appropriate licensing authority shall establish a passing score for any necessary examinations under the apprenticeship program which shall not exceed any passing scores that are otherwise required for a nonapprenticeship license for the specific profession.

  (2)  If there is no examination requirement for a nonapprenticeship license, no examination shall be required for applicants who complete an apprenticeship.

  (3)  The number of working hours required for a competency-based apprenticeship or a hybrid apprenticeship under 29 CFR Part^* 29.5 shall not exceed the number of educational hours otherwise required for a nonapprenticeship license for the specific profession.

  5.  Any department with oversight over a licensing authority may promulgate all necessary rules and regulations for the implementation of this section.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2020, shall be invalid and void.

  6.  The provisions of this section shall not apply to any occupation set forth in section 290.257, or any electrical contractor licensed under sections 324.900 to 324.945.

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(L. 2020 H.B. 2046)

*Word "Part" does not appear in original rolls.