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:
    1    Section  1.  Section  6505-c of the education law is amended by adding
    2  three new subdivisions 5, 6 and 7 to read as follows:
    3    5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN OCCUPATIONAL LICENS-
    4  ING BOARD SHALL ISSUE A LICENSE, CERTIFICATION,  OR  REGISTRATION  TO  A
    5  MILITARY  SPOUSE  TO  ALLOW THE MILITARY SPOUSE TO LAWFULLY PRACTICE THE
    6  MILITARY SPOUSE'S OCCUPATION IN THIS STATE IF, UPON  APPLICATION  TO  AN
    7  OCCUPATIONAL  LICENSING BOARD, THE MILITARY SPOUSE SATISFIES THE FOLLOW-
    8  ING CONDITIONS:
    9    (A) HOLDS A  CURRENT  LICENSE,  CERTIFICATION,  OR  REGISTRATION  FROM
   10  ANOTHER  JURISDICTION,  AND  THAT JURISDICTION'S REQUIREMENTS FOR LICEN-
   11  SURE, CERTIFICATION, OR REGISTRATION ARE SUBSTANTIALLY EQUIVALENT TO  OR
   12  EXCEED THE REQUIREMENTS FOR LICENSURE, CERTIFICATION, OR REGISTRATION OF
   13  THE  OCCUPATIONAL  LICENSING  BOARD  FOR  WHICH THE APPLICANT IS SEEKING
   14  LICENSURE, CERTIFICATION, OR REGISTRATION IN THIS STATE.
   15    (B) DEMONSTRATES COMPETENCY  IN  THE  OCCUPATION  THROUGH  METHODS  AS
   16  DETERMINED  BY  THE BOARD, SUCH AS HAVING COMPLETED CONTINUING EDUCATION
   17  UNITS OR HAVING HAD RECENT EXPERIENCE FOR AT LEAST TWO OF THE FIVE YEARS
   18  PRECEDING THE DATE OF THE APPLICATION UNDER THIS SECTION.
   19    (C) HAS NOT COMMITTED ANY ACT IN  ANY  JURISDICTION  THAT  WOULD  HAVE
   20  CONSTITUTED  GROUNDS FOR REFUSAL, SUSPENSION, OR REVOCATION OF A LICENSE
   21  TO PRACTICE THAT OCCUPATION IN THIS  STATE  AT  THE  TIME  THE  ACT  WAS
   22  COMMITTED.
   23    (D)  IS  IN  GOOD  STANDING AND HAS NOT BEEN DISCIPLINED BY THE AGENCY
   24  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
    1    (E) PAYS ANY FEES REQUIRED BY THE  OCCUPATIONAL  LICENSING  BOARD  FOR
    2  WHICH THE APPLICANT IS SEEKING LICENSURE, CERTIFICATION, OR REGISTRATION
    3  IN THIS STATE.
    4    6.  AN  OCCUPATIONAL  LICENSING  BOARD  MAY ISSUE A TEMPORARY PRACTICE
    5  PERMIT TO A MILITARY-TRAINED  APPLICANT  OR  MILITARY  SPOUSE  LICENSED,
    6  CERTIFIED,   OR   REGISTERED   IN   ANOTHER   JURISDICTION   WHILE   THE
    7  MILITARY-TRAINED APPLICANT OR MILITARY SPOUSE IS SATISFYING THE REQUIRE-
    8  MENTS FOR LICENSURE UNDER THIS SECTION IF THAT JURISDICTION  HAS  LICEN-
    9  SURE,  CERTIFICATION, OR REGISTRATION STANDARDS SUBSTANTIALLY EQUIVALENT
   10  TO THE STANDARDS FOR LICENSURE, CERTIFICATION,  OR  REGISTRATION  OF  AN
   11  OCCUPATIONAL  LICENSING BOARD IN THIS STATE. THE MILITARY-TRAINED APPLI-
   12  CANT OR MILITARY SPOUSE MAY PRACTICE UNDER THE TEMPORARY PERMIT UNTIL  A
   13  LICENSE,  CERTIFICATION, OR REGISTRATION IS GRANTED OR UNTIL A NOTICE TO
   14  DENY A LICENSE, CERTIFICATION, OR REGISTRATION IS ISSUED  IN  ACCORDANCE
   15  WITH RULES ADOPTED BY THE OCCUPATIONAL LICENSING BOARD.
   16    7. FOR THE PURPOSES OF THIS SECTION:
   17    (A)  AN  OCCUPATIONAL  LICENSING  BOARD  MAY  ADOPT RULES NECESSARY TO
   18  IMPLEMENT THIS SECTION.
   19    (B) ALL RELEVANT EXPERIENCE, INCLUDING FULL-TIME AND PART-TIME EXPERI-
   20  ENCE, REGARDLESS OF WHETHER IN A PAID OR VOLUNTEER  CAPACITY,  SHALL  BE
   21  CREDITED IN THE CALCULATION OF YEARS OF PRACTICE IN AN OCCUPATION.
   22    (C)  A  NONRESIDENT  LICENSED,  CERTIFIED,  OR  REGISTERED  UNDER THIS
   23  SECTION SHALL BE ENTITLED TO THE SAME RIGHTS AND  SUBJECT  TO  THE  SAME
   24  OBLIGATIONS AS REQUIRED OF A RESIDENT LICENSED, CERTIFIED, OR REGISTERED
   25  BY AN OCCUPATIONAL LICENSING BOARD IN THIS STATE.
   26    (D)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT A MILITAR-
   27  Y-TRAINED APPLICANT OR MILITARY SPOUSE FROM PROCEEDING UNDER THE  EXIST-
   28  ING  LICENSURE,  CERTIFICATION, OR REGISTRATION REQUIREMENTS ESTABLISHED
   29  BY AN OCCUPATIONAL LICENSING BOARD IN THIS STATE.
   30    S 2. This act shall take effect immediately,  provided,  however,  the
   31  commissioner  of  education shall have the power to promulgate any rules
   32  or regulations necessary for the implementation of this act prior to the
   33  date on which this act shall have become a law.