Skills-Based Hiring to Help Workers Find Jobs
Critical workforce shortages in jobs such as nurses, school bus drivers, electricians, plumbers, and dental hygienists can be addressed by cutting red tape while securing good jobs for 71 million qualified Americans. An effective government must be able to address crucial workforce shortages by making it easier for qualified workers with applicable skills to get to work.
-
Workers and their families
-
Businesses facing worker shortages
-
Patients
-
Health care providers
-
Organizations that support workers
-
Educational organizations
-
Private entities profiteering off of unnecessary certifications
This act shall be known as the Skills-Based Hiring Act
This policy establishes a Skills-Based Hiring Act to remove unnecessary barriers to employment by: cutting red tape and addressing workforce shortages across skilled jobs; making it easier for previously-licensed individuals with applicable skills to get their occupational licenses when moving; and, expanding apprenticeship programs to train employees for good jobs with the State.
a) Occupational License Reciprocity
i) Upon receipt of a completed application, application fee, and consent to a criminal history record background check and requisite fee, if applicable, a licensing board shall issue a professional or occupational license, certificate of registration, or certification to any person who documents that the person holds a valid, current corresponding professional or occupational license, certificate of registration, or certification in good standing issued by another state, if:
1) The state that issued the license has, or had at the time of issuance, education, training, and examination requirements for licensure, registration, or certification substantially equivalent to the current standards of this State, as determined by the board or committee;
2) The applicant had been practicing under that license in a field or profession substantially related, as determined by the board, to the profession for which licensure in this State is sought, for at least one year within the five years prior to the date of the application; and
3) The requirements of this section have been satisfied with respect to the person.
ii) Prior to the issuance of the license, certificate of registration, or certification pursuant to subsection i) of this section, the board or committee shall have received or obtained:
1) Documentation reasonably satisfactory to the board that the applicant’s license, certificate of registration, or certification in that other state is valid, current, and in good standing, including, as appropriate confirming such directly with the issuing state;
2) If a person is seeking licensure as a health care professional as defined in state law, or if a criminal history record background check is otherwise required prior to licensure in this State, the results of a criminal history record background check of the files of the Criminal Justice Information Services Division in the Federal Bureau of Investigation and the State Bureau of Identification in the Division of State Police that does not disclose a conviction for a disqualifying crime; and
3) Designation of an agent in this State for service of process if the applicant is not a resident of the State and does not have an office in the State.
iii) For purposes of this section, “good standing” means that:
1) No action has been taken against the applicant’s license by any licensing board;
2) No action affecting the applicant’s privileges to practice that applicant’s profession has been taken by any out-of-state institution, organization, or employer;
3) No disciplinary proceeding is pending that could affect the applicant’s privileges to practice that applicant’s profession;
4) All fines levied by any out-of-State board have been paid; and
5) There is no pending or final action by any criminal authority for violation of law or regulation, or any arrest or conviction for any criminal or quasi-criminal offense under the laws of the United States, this State, or any other state including, but not limited to criminal homicide; aggravated assault; sexual assault, criminal sexual contact, or lewdness; or an offense involving any controlled dangerous substance or controlled dangerous substance analog.
iv) For purposes of this section, a “substantially equivalent” examination need not be identical to the current examination requirements of this State, but such examination shall be nationally recognized and of comparable scope and rigor.
v) An applicant shall satisfy or shall have satisfied all applicable prerequisites required for initial licensure in this State, such as obtaining insurance, including malpractice insurance, a surety bond, or a pressure seal.
vi) An applicant shall answer truthfully all questions asked of an applicant for initial licensure.
vii) Not later than six months after the issuance of the license, the board or committee may request documentation reasonably satisfactory to the board verifying the person’s education, training, and examination results.
viii) A board or committee, after the licensee has been given notice and an opportunity to be heard, may revoke any license based on a license issued by another state obtained through fraud, deception, or misrepresentation.
ix) Nothing contained in this section shall preclude a board from requiring an applicant for licensure based on an out-of-state license to take an online course or an orientation available to the applicant at any time.
x) Nothing contained in this section shall preclude a board from only granting a license, certificate of registration, or certification without examination to an applicant seeking reciprocity who holds a corresponding license, certificate of registration, or certification from another state if equal reciprocity is provided for a STATE applicant for licensure under the law of that other state.
xi) Nothing in this section shall preclude a board from exercising its discretion to grant a license, certificate of registration, or certification without examination to an applicant seeking reciprocity who holds a corresponding license, certificate of registration, or certification from another state who does not meet the good standing requirement of subsection (i) of this section due to a pending action by a licensing board, a pending action by an out-of-State institution, organization, or employer affecting the applicant’s privileges to practice, a pending disciplinary proceeding, or a pending criminal charge or arrest for a crime.
b )Occupational Licensing through Qualified Apprenticeships
i) [The DEPARTMENT or agency responsible for the administration of State occupational licenses] is hereby authorized to recognize qualified apprenticeships as an alternative means of obtaining occupational licenses.
ii) DEPARTMENT shall establish the criteria necessary for granting licenses under this expanded apprenticeship program.
iii) The criteria established shall include, but is not limited to:
1) Completion of an apprenticeship program that:
(a) Is approved by the STATE Department of Labor or the United States Department of Labor, or in accordance with any applicable state or federal law; and
(b) Is completed either at a school that is licensed by STATE or by training with a person or employee or employer of a business licensed by STATE who holds the license for which the applicant applies; and
2) Successful completion of any examination that is required of all professionals of that trade in the State.
(a) The passing score on an examination must not discriminate between an applicant from an apprenticeship and an applicant from a vocational or trade school.
(b) If the rules adopted by the applicable licensing board do not otherwise require successful completion of an examination, then an examination may not be required for participation in the expanded apprenticeship program.
iv) The DEPARTMENT shall promulgate rules necessary to implement the expanded apprenticeship program, including limitations on the maximum and minimum number of hours required by each authorized apprenticeship.
v) The DEPARTMENT has the right to exempt classes of occupations from the expanded apprenticeship program.
c) Public Sector Registered Apprenticeship Programs
i) It is the goal of the State to offer public sector registered apprenticeship programs as a pathway to full-time, permanent appointments in state government.
ii) Registered Apprenticeship Programs shall contain five key elements:
1) Direct industry involvement;
2) Structured on-the-job-learning and mentorship;
3) Related classroom instruction to complement the on-the-job-learning;
4) Progressive wage increases for apprentices as their skills and knowledge increase; and
5) National industry-recognized credential, referred to as a Certificate of Completion, which is issued by the U.S. Department of Labor or a federally recognized State Apprenticeship Agency.
iii) The [Department responsible for state government employee hiring] shall promote and make available statewide guidance and strategies for Departments to expand the number of Registered Apprenticeship Programs they offer. The DEPARTMENT shall:
1) Collaborate to remove administrative barriers to the adoption of Registered Apprenticeship Programs;
2) Coordinate with related instruction providers, such as institutions of higher education, to enhance registered apprenticeships with additional credentials and professional certificates where appropriate for occupational skill-building;
3) Work with other Departments to provide technical assistance and resources to launch and expand their Registered Apprenticeship Programs; and
4) Work with talent partners and supportive service providers to develop an equity-driven apprenticeship recruitment and retention strategy, coordinating resources to support job seekers and employer-led diversity, equity, inclusion, and accessibility strategies. Talent partners and supportive service providers may include but are not limited to qualified intermediaries, local workforce centers, local education providers, and institutions of higher education.
iv) Every State Department shall work with the DEPARTMENT to review their most in-demand positions and determine which positions are good candidates for work-based learning talent development strategies.
v) Every State Department shall work with the [Department responsible for service and civic innovation] to increase the number of Registered Apprenticeship Programs in their Department by [50]% within 1 year of the passage of this Act, with a preference for programs in classifications with high vacancy rates or in-demand occupations.
vi) Every State Department shall submit a report to the DEPARTMENT within 1 year of the passage of this Act with their strategies and timelines for expanding work-based learning. At a minimum, the report shall include:
1) Strategies and timelines for every State Department to implement at least [2] work-based learning programs within 6 months of submission of the report and at least [2] new work-based learning programs every [5 years] after.
2) Strategies and timelines to obtain all available federal, foundation, and other funds, and proposed applications for federal and foundation grant funding.
vii) The [Department responsible for service and civic innovation] shall develop guidance and tools for State Departments to implement work-based learning programs where registered apprenticeships are not a viable option.
viii) The [Department responsible for service and civic innovation] shall develop a recruitment program to recruit secondary school graduates to public service opportunities through work-based learning programs.
ix) State employees hired under Registered Apprenticeship Programs shall be initially classified as temporary appointments for the duration of their apprenticeship, which should serve as a viable permanent hiring pathway. The appointing Department and DEPARTMENT OF ADMINISTRATIVE SERVICES may exempt employees hired under Registered Apprenticeship Programs from limits to the number of hours that a temporary appointment may work for any one department within a twelve-month period.
d) Degree Requirements
i) The [Department responsible for state government employee hiring] shall:
1) Begin job posting with equivalent experience needed in lieu of a college degree whenever possible;
2) Regularly assess the educational, experiential, and training requirements necessary for each job within each department, agency, board, bureau, office, commission, public corporation, or authority;
3) Identify jobs for which the educational, experiential, and training requirements could be reduced from their present level;
4) Insofar as practicable, reduce the number of jobs for which a four-year college degree is required as a condition of employment; and
5) Expand opportunities for apprenticeships or other non-degree programs to meet requirements.