STATE OF NEW YORK
________________________________________________________________________
2590
2015-2016 Regular Sessions
IN ASSEMBLY
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 military-
7 trained applicant or military spouse is satisfying the requirements for
8 licensure under this section if that jurisdiction has licensure, certif-
9 ication, or registration standards substantially equivalent to the stan-
10 dards for licensure, certification, or registration of an occupational
11 licensing board in this state. The military-trained applicant or mili-
12 tary spouse may practice under the temporary permit until a license,
13 certification, or registration is granted or until a notice to deny a
14 license, certification, or registration is issued in accordance with
15 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 § 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.