S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2590

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M. of A. KATZ -- Multi-Sponsored by -- M. of A. BLANKEN-
  BUSH, CROUCH, DiPIETRO, FINCH, GOODELL, HAWLEY, STEC, TENNEY  --  read
  once and referred to the Committee on Higher Education

AN  ACT to amend the education law, in relation to allowing licensure by
  endorsement by military spouses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  6505-c of the education law is amended by adding
three new subdivisions 5, 6 and 7 to read as follows:
  5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN OCCUPATIONAL LICENS-
ING BOARD SHALL ISSUE A LICENSE, CERTIFICATION,  OR  REGISTRATION  TO  A
MILITARY  SPOUSE  TO  ALLOW THE MILITARY SPOUSE TO LAWFULLY PRACTICE THE
MILITARY SPOUSE'S OCCUPATION IN THIS STATE IF, UPON  APPLICATION  TO  AN
OCCUPATIONAL  LICENSING BOARD, THE MILITARY SPOUSE SATISFIES THE FOLLOW-
ING CONDITIONS:
  (A) HOLDS A  CURRENT  LICENSE,  CERTIFICATION,  OR  REGISTRATION  FROM
ANOTHER  JURISDICTION,  AND  THAT JURISDICTION'S REQUIREMENTS FOR LICEN-
SURE, CERTIFICATION, OR REGISTRATION ARE SUBSTANTIALLY EQUIVALENT TO  OR
EXCEED THE REQUIREMENTS FOR LICENSURE, CERTIFICATION, OR REGISTRATION OF
THE  OCCUPATIONAL  LICENSING  BOARD  FOR  WHICH THE APPLICANT IS SEEKING
LICENSURE, CERTIFICATION, OR REGISTRATION IN THIS STATE.
  (B) DEMONSTRATES COMPETENCY  IN  THE  OCCUPATION  THROUGH  METHODS  AS
DETERMINED  BY  THE BOARD, SUCH AS HAVING COMPLETED CONTINUING EDUCATION
UNITS OR HAVING HAD RECENT EXPERIENCE FOR AT LEAST TWO OF THE FIVE YEARS
PRECEDING THE DATE OF THE APPLICATION UNDER THIS SECTION.
  (C) HAS NOT COMMITTED ANY ACT IN  ANY  JURISDICTION  THAT  WOULD  HAVE
CONSTITUTED  GROUNDS FOR REFUSAL, SUSPENSION, OR REVOCATION OF A LICENSE
TO PRACTICE THAT OCCUPATION IN THIS  STATE  AT  THE  TIME  THE  ACT  WAS
COMMITTED.
  (D)  IS  IN  GOOD  STANDING AND HAS NOT BEEN DISCIPLINED BY THE AGENCY
THAT HAD JURISDICTION TO ISSUE THE LICENSE, CERTIFICATION, OR PERMIT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04423-01-5
              

A. 2590                             2

  (E) PAYS ANY FEES REQUIRED BY THE  OCCUPATIONAL  LICENSING  BOARD  FOR
WHICH THE APPLICANT IS SEEKING LICENSURE, CERTIFICATION, OR REGISTRATION
IN THIS STATE.
  6.  AN  OCCUPATIONAL  LICENSING  BOARD  MAY ISSUE A TEMPORARY PRACTICE
PERMIT TO A MILITARY-TRAINED  APPLICANT  OR  MILITARY  SPOUSE  LICENSED,
CERTIFIED,   OR   REGISTERED   IN   ANOTHER   JURISDICTION   WHILE   THE
MILITARY-TRAINED APPLICANT OR MILITARY SPOUSE IS SATISFYING THE REQUIRE-
MENTS FOR LICENSURE UNDER THIS SECTION IF THAT JURISDICTION  HAS  LICEN-
SURE,  CERTIFICATION, OR REGISTRATION STANDARDS SUBSTANTIALLY EQUIVALENT
TO THE STANDARDS FOR LICENSURE, CERTIFICATION,  OR  REGISTRATION  OF  AN
OCCUPATIONAL  LICENSING BOARD IN THIS STATE. THE MILITARY-TRAINED APPLI-
CANT OR MILITARY SPOUSE MAY PRACTICE UNDER THE TEMPORARY PERMIT UNTIL  A
LICENSE,  CERTIFICATION, OR REGISTRATION IS GRANTED OR UNTIL A NOTICE TO
DENY A LICENSE, CERTIFICATION, OR REGISTRATION IS ISSUED  IN  ACCORDANCE
WITH RULES ADOPTED BY THE OCCUPATIONAL LICENSING BOARD.
  7. FOR THE PURPOSES OF THIS SECTION:
  (A)  AN  OCCUPATIONAL  LICENSING  BOARD  MAY  ADOPT RULES NECESSARY TO
IMPLEMENT THIS SECTION.
  (B) ALL RELEVANT EXPERIENCE, INCLUDING FULL-TIME AND PART-TIME EXPERI-
ENCE, REGARDLESS OF WHETHER IN A PAID OR VOLUNTEER  CAPACITY,  SHALL  BE
CREDITED IN THE CALCULATION OF YEARS OF PRACTICE IN AN OCCUPATION.
  (C)  A  NONRESIDENT  LICENSED,  CERTIFIED,  OR  REGISTERED  UNDER THIS
SECTION SHALL BE ENTITLED TO THE SAME RIGHTS AND  SUBJECT  TO  THE  SAME
OBLIGATIONS AS REQUIRED OF A RESIDENT LICENSED, CERTIFIED, OR REGISTERED
BY AN OCCUPATIONAL LICENSING BOARD IN THIS STATE.
  (D)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT A MILITAR-
Y-TRAINED APPLICANT OR MILITARY SPOUSE FROM PROCEEDING UNDER THE  EXIST-
ING  LICENSURE,  CERTIFICATION, OR REGISTRATION REQUIREMENTS ESTABLISHED
BY AN OCCUPATIONAL LICENSING BOARD IN THIS STATE.
  S 2. This act shall take effect immediately,  provided,  however,  the
commissioner  of  education shall have the power to promulgate any rules
or regulations necessary for the implementation of this act prior to the
date on which this act shall have become a law.