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A02590 Summary:

BILL NOA02590
 
SAME ASNo Same As
 
SPONSORKatz
 
COSPNSRBrabenec, Graf, Raia, Lupinacci
 
MLTSPNSRBlankenbush, Crouch, DiPietro, Finch, Goodell, Hawley, Kolb, Lopez, Stec, Tenney
 
Amd S6505-c, Ed L
 
Relates to allowing licensure by endorsement for military spouses.
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A02590 Text:



 
                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.
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