Policy Statement  14-01: Valor Act Implementation

Date:	07/10/2018
Organization:	Bureau of Health Professions Licensure
Referenced Sources:	An Act Relative to Veteran’s Access, Livelihood, Opportunity and Resources (Valor Act I) An Act Relative to Veteran’s Allowances, Labor, Outreach and Recognition (Valor Act II) Session Law Act of 2015, c. 46, § 94

Purpose

The Bureau of Health Professions Licensure adopts this policy to facilitate implementation provisions of the M.G.L. c.112, § 1B by the ten Boards of Registration within the Bureau.

Dates Adopted and Revised

• Bureau: adopted September 1, 2014, revised August 20, 2015
• Board of Registration in Pharmacy: adopted September 30, 2014, revised September 1, 2015
• Board of Registration in Dentistry: adopted April 1, 2015
• Board of Registration in Nursing: adopted May 13, 2015
• Board of Registration in Nursing Home Administrators: adopted September 18, 2014, revised August 20, 2015
• Board of Registration in Respiratory Care: adopted September 16, 2014
• Board of Registration of Physician Assistants: adopted September 11, 2014 Board of Registration of Perfusionists: adopted September 2, 2014
• Board of Registration of Genetic Counselors: adopted October 2, 2014 Board of Certification of Community Health Workers: July 10, 2018.

Definitions

• Bureau: Bureau of Health Professions Licensure within the Department of Public Health.
• Boards (plural): The ten Boards of Registration within the Bureau of Health Professions Licensure under the supervision of the Commissioner of the Department of Public Health.
• Board (singular): The particular Board that has issued a license or certification to a Service Member, or to which an application for licensure/certification has been submitted by a Military Transfer Spouse, provided that such Board has adopted this policy.
• Valor Act: St. 2012, c.108, An Act Relative to Veteran’s Access, Livelihood, Opportunity and Resources (Valor Act I), St. 2014, c. 62, An Act Relative to Veteran’s Allowances, Labor, Outreach and Recognition (Valor Act II), and St. 2015, c.46, § 94 (adding M.G.L. c.112, § 1B(g)).
• License/Certificate in good standing: A license, registration or certification issued that is either current or expired, but not revoked, suspended, surrendered, placed on probation or subject to restrictions pursuant to a consent agreement or Board Order.
• Registration period: The period in which, in the absence of the Valor Act, a license, registration or certificate would remain valid prior to expiration.
• Renewal window: The ninety (90) day period of time immediately preceding the next expiration date, during which a current license may be renewed for the next renewal cycle.
• Service Member: A member of the United States Army, Navy, Air Force, Marine Corps or Coast Guard.
  • Active Service: Active service in the armed forces shall not include active duty for training in the army national guard or air national guard or active duty for training as a reservist in the armed forces, per M.G.L. c.4, § 7(43)
  • Veteran: shall mean a person who meets the definition set forth in M.G.L. c. 4, §7 (43).
• Military Transfer Spouse: The spouse of a service member in the following circumstances: (1) the service member is the subject of a military transfer to the Commonwealth, (2) the spouse holds a comparable license/certificate in good standing in another state and qualifies for reciprocity licensure/certification in the Commonwealth, and (3) the spouse has left employment in order to accompany the service member to the Commonwealth.
• Period of active service: The period of time during which a service member is on active service corresponding to the start and end dates of the service member’s commitment. In the case of a service member whose commitment is indefinite, the period of active duty for this policy ends on the expected retirement date identified by the service member, until and unless the Board obtains documentation which indicates that the service member has been discharged prior to that date.

Liaison

1. The Bureau shall designate one or more Bureau employees to serve as Valor Act Liaison (VAL). The role of the VAL shall be to:
   1. answer inquiries about the applicability of the Valor Act;
   2. facilitate the processing of applications submitted by Service Members, veterans and military spouses;
   3. make recommendations to the Boards pertinent to implementation of Valor Act requirements;
   4. direct the waiver of fees in accordance with the Valor Act on behalf of Boards that adopt this policy;
   5. direct the issuance of initial and renewed licenses in accordance with the Valor Act on behalf of Boards that adopt this policy; and
   6. provide training and guidance to the Boards and to Bureau staff with respect to the provisions and requirements of the Valor Act.

Board Authorization

2. A Board’s adoption of this policy authorizes the Valor Act Liaison to act on the Board’s behalf as specified in this policy.

Forms and Information

3. The VAL shall prepare the Bureau’s website content relating to the Valor Act, including standardized affidavit forms, Frequently Asked Questions (FAQ) and links to useful information. Boards adopting this policy may include a link to the Bureau’s website content on the Board’s own website.

Service Members already holding a valid license/certificate

4. The VAL shall review information submitted by a person who identifies himself or herself as a Service Member and determine whether that person (1) holds a license/certificate issued by a Board that has adopted this policy that is in good standing, and (2) is in active service.
   1. The Board authorizes the VAL to direct the issuance of a license/certification card for the current or next registration period to an Service Member in active service whose license/certificate is in good standing, and to waive any renewal and late fees, if:
      1. the license/certificate is “current,” within the renewal window and the normal “expiration” date falls within the period of active service, or
      2. the license/certificate has “expired” but the “expiration” occurred during the period of active service.
   2. The VAL shall be authorized by the Board to waive the requirement that the individual complete continuing education requirements, if such requirements are imposed as a condition for license/certificate renewal.
   3. The VAL shall create and maintain a file for each Service Member on active service and shall maintain a log of activities and relevant dates.

Applicants for Initial Licensure: Military Transfer Spouses

5. The VAL shall review information submitted by a person who identifies himself or herself as a Military Transfer Spouse and determine whether that person (1) is a Military Transfer Spouse as defined in this policy, and (2) has submitted an application for initial licensure/certification or for reactivation of an expired license/certificate. The Board authorizes the VAL to waive the Commonwealth’s portion of the license/certification application fee and to direct expediting the processing of a Military Transfer Spouse’s application for initial licensure.

Applicants for Initial Licensure: Service Members & Veterans

6. The VAL shall review information submitted by a person who identifies himself or herself as a Veteran or a Service Member and determine whether that person (1) is a Veteran or a Service Member as defined in this policy, and (2) has submitted an application for initial licensure/certification or for reactivation of an expired license/certificate. The Board authorizes the VAL to waive the Commonwealth’s portion of the license/certification application fee.

Actions Requiring Full Board Review

7. The VAL shall bring to the next scheduled meeting of the Board, any matter where the particular Board action required for compliance with the Valor Act is not specified in this policy.

Report to Board

8. The VAL shall provide a written report to each Board that adopts this policy at each regularly scheduled meeting of each such Board. The report shall list all actions taken on the Board’s behalf pursuant to this policy since the previous meeting of the Board.