A04552 Summary:

BILL NOA04552
 
SAME ASNo Same As
 
SPONSORMiller B (MS)
 
COSPNSRLalor, Montesano, Palmesano, Raia, Smullen, Brabenec, Hawley, Norris, Morinello, Sayegh, DeStefano, Manktelow
 
MLTSPNSRBarclay, McDonough
 
Amd 3006, add 3008-a & 6912, Ed L; add Art 2-A 20, Gen Bus L; amd 2136, Ins L; amd 442-g & 444-e, RP L
 
Enacts the military spouse act of 2019, which: requires a workshop to investigate and report about licensing and the difficulties encountered by military spouses (Part A); authorizes the state to certify persons to teach who are not graduates of teacher education programs (Part B); adopts the interstate nursing licensure compact (Part C); and authorizes licensing of military spouses with out-of-state licenses in equivalent occupations (Part D).
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A04552 Actions:

BILL NOA04552
 
02/04/2019referred to higher education
01/08/2020referred to higher education
07/14/2020held for consideration in higher education
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A04552 Committee Votes:

HIGHER EDUCATION Chair:Glick DATE:07/14/2020AYE/NAY:18/7 Action: Held for Consideration
GlickAyeSmithNay
GottfriedAyeFitzpatrickNay
EnglebrightAyeGarbarinoNay
CahillAyeAshbyNay
LiftonAyeReillyNay
CusickAyeSalkaNay
LupardoAyeWalczykNay
StirpeAye
FahyAye
PichardoAye
SimonAye
McDonaldAye
BichotteAye
HyndmanAye
EpsteinAye
GriffinAye
McMahonAye
ButtenschonAye

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A04552 Floor Votes:

There are no votes for this bill in this legislative session.
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A04552 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4552
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2019
                                       ___________
 
        Introduced  by  M. of A. B. MILLER, LALOR, MONTESANO, PALMESANO, RAIA --
          Multi-Sponsored by -- M. of A. BARCLAY, HAWLEY, McDONOUGH -- read once
          and referred to the Committee on Higher Education
 
        AN ACT to require a workgroup to investigate and report about  licensing
          and  the  difficulties  encountered  by  military spouses (Part A); to
          amend the education law, in relation to the authority of the state  to
          certify  persons  to  teach who are not graduates of teacher education
          programs (Part B); to amend the education law, in relation to adopting
          the interstate nursing licensure compact (Part C); to amend the gener-
          al business law, the insurance law  and  the  real  property  law,  in
          relation  to  licensing of military spouses with out-of-state licenses
          in equivalent occupations (Part D)
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. This act enacts into law components of legislation relating
     2  to the "Military Spouse Act of 2019". Each component is wholly contained
     3  within  a  Part  identified as Parts A through D. The effective date for
     4  each particular provision contained within such Part is set forth in the
     5  last section of such Part. Any provision in any section contained within
     6  a Part, including the effective date of the Part, which makes  reference
     7  to a section "of this act", when used in connection with that particular
     8  component,  shall  be  deemed  to  mean  and  refer to the corresponding
     9  section of the Part in which it is found.   Section three  of  this  act
    10  sets forth the general effective date of this act.
 
    11                                   PART A
 
    12    Section  1.  State  agencies  are  hereby  directed to help spouses of
    13  members of the armed forces of the  United  States,  national  guard  or
    14  reserves  transfer  teaching certificates or professional certifications
    15  to their new home state.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06600-01-9

        A. 4552                             2
 
     1    § 2. The department of labor and the  division  of  veterans'  affairs
     2  shall establish a workgroup to identify licensing requirements for work-
     3  force  shortage  areas  and  to  study, in conjunction with the relevant
     4  licensing entities, whether comparable military training  could  substi-
     5  tute  for  current  licensing  requirements,  and manners in which state
     6  agencies, regulatory bodies and licensing entities can adopt  procedures
     7  sensitive to the difficulties encountered by military spouses. The work-
     8  group  shall  submit  any  findings,  including  any recommendations for
     9  legislative action to the  governor,  the  temporary  president  of  the
    10  senate and the speaker of the assembly by January 1, 2020.
    11    § 3. This act shall take effect immediately.
 
    12                                   PART B
 
    13    Section  1.  Subdivision  1  of  section  3006 of the education law is
    14  amended by adding a new paragraph f to read as follows:
    15    f. An alternative placement certificate to any person:
    16    (1) Who meets the eligibility requirements of the troops for  teachers
    17  program  operated by the United States department of defense and managed
    18  by the defense activity for non-traditional education support  organiza-
    19  tion; and
    20    (2)  Who  meets  the  requirements set forth in section three thousand
    21  eight-a of this article.
    22    § 2. The education law is amended by adding a new  section  3008-a  to
    23  read as follows:
    24    §  3008-a.  Alternative  teaching  certification.  1. The commissioner
    25  shall issue a one-year, nonrenewable middle or secondary level  alterna-
    26  tive  teaching  certification  to  teach  to any person who has attained
    27  certification by an alternative teacher  certification  organization  as
    28  set  forth in subdivision three of this section and has met the require-
    29  ments of section three thousand four-b of this article.
    30    2. Notwithstanding any provision of  law  to  the  contrary,  teachers
    31  issued  an  alternative  teaching certification pursuant to this section
    32  shall participate in the mentoring program provided by  the  alternative
    33  teacher  certification organization as set forth in subdivision three of
    34  this section. Upon successful  completion  of  such  mentoring  program,
    35  completion  of  the  application and payment of the certification fee as
    36  set forth in section three thousand six of this article or as prescribed
    37  by the commissioner, the commissioner shall issue the teacher a  certif-
    38  icate to teach.
    39    3.  For  purposes  of this section, the commissioner shall identify an
    40  alternative teacher certification organization  that  was  founded  with
    41  grant  funding  from  the United States department of education and that
    42  developed pursuant to the passport to teaching program  administered  by
    43  the  American  board for certification of teacher excellence. The organ-
    44  ization shall require candidates to hold a  bachelor's  degree,  pass  a
    45  professional  teaching knowledge exam, pass a subject area exam and pass
    46  a background check.  The  organization  shall  provide  candidates  with
    47  access  to workshops, an experienced teacher-advisor and optional access
    48  to comprehensive subject  matter  refresher  courses.  The  organization
    49  shall also provide an intensive mentoring and induction program.
    50    §  3.  This  act shall take effect on the ninetieth day after it shall
    51  have become a law. Effective immediately, the addition, amendment and/or
    52  repeal of any rule or regulation necessary  for  the  implementation  of
    53  this  act  on its effective date are authorized to be made and completed
    54  on or before such effective date.

        A. 4552                             3
 
     1                                   PART C

     2    Section  1.  The education law is amended by adding a new section 6912
     3  to read as follows:
     4    § 6912. Interstate nurse licensure compact. 1.  The  interstate  nurse
     5  licensure  compact  is hereby enacted into law and entered into with all
     6  jurisdictions legally joining  therein  in  the  form  substantially  as
     7  follows:
 
     8                     INTERSTATE NURSE LICENSURE COMPACT
     9                                 ARTICLE I.
    10                     Findings and Declaration of Purpose
 
    11    (a) The party states find that:
    12    (1)  The health and safety of the public are affected by the degree of
    13  compliance with and the effectiveness of enforcement activities  related
    14  to state nurse licensure laws;
    15    (2)  Violations of nurse licensure and other laws regulating the prac-
    16  tice of nursing may result in injury or harm to the public;
    17    (3) The expanded mobility of nurses and the use of  advanced  communi-
    18  cation  technologies  as part of our nation's healthcare delivery system
    19  require greater coordination and cooperation among states in  the  areas
    20  of nurse licensure and regulation;
    21    (4)  New practice modalities and technology make compliance with indi-
    22  vidual state nurse licensure laws difficult and complex; and
    23    (5) The current system of duplicative licensure for nurses  practicing
    24  in  multiple  states  is  cumbersome  and  redundant  to both nurses and
    25  states.
    26    (b) The general purposes of this Compact are to:
    27    (1) Facilitate the states'  responsibility  to  protect  the  public's
    28  health and safety;
    29    (2)  Ensure and encourage the cooperation of party states in the areas
    30  of nurse licensure and regulation;
    31    (3) Facilitate the exchange of information between party states in the
    32  areas of nurse regulation, investigation, and adverse actions;
    33    (4) Promote compliance with the laws governing the practice of nursing
    34  in each jurisdiction; and
    35    (5) Invest all party  states  with  the  authority  to  hold  a  nurse
    36  accountable  for  meeting  all state practice laws in the state in which
    37  the patient is located at the time care is rendered through  the  mutual
    38  recognition of party state licenses.

    39                                 ARTICLE II.
    40                                 Definitions
 
    41    As used in this Compact:
    42    (a) "Adverse action" means a home or remote state action.
    43    (b) "Alternative program" means a voluntary, non-disciplinary monitor-
    44  ing program approved by a nurse licensing board.
    45    (c)  "Coordinated  licensure  information  system" means an integrated
    46  process for collecting, storing, and sharing information on nurse licen-
    47  sure and enforcement activities related to nurse licensure  laws,  which
    48  is  administered by a non-profit organization composed of and controlled
    49  by state nurse licensing boards.
    50    (d) "Current significant investigative information" means:

        A. 4552                             4
 
     1    (1) Investigative information that a licensing board, after a prelimi-
     2  nary inquiry that includes notification and an opportunity for the nurse
     3  to respond if required by state  law,  has  reason  to  believe  is  not
     4  groundless and, if proved true, would indicate more than a minor infrac-
     5  tion; or
     6    (2) Investigative information that indicates that the nurse represents
     7  an  immediate  threat  to public health and safety regardless of whether
     8  the nurse has been notified and had an opportunity to respond.
     9    (e) "Home state" means the party state which is  the  nurse's  primary
    10  state of residence.
    11    (f)  "Home state action" means any administrative, civil, equitable or
    12  criminal action permitted by the home state's laws which are imposed  on
    13  a nurse by the home state's licensing board or other authority including
    14  actions against an individual's license such as: revocation, suspension,
    15  probation or any other action which affects the nurse's authorization to
    16  practice.
    17    (g)  "Licensing board" means a party state's regulatory body responsi-
    18  ble for issuing nurse licenses.
    19    (h) "Multistate licensure privilege" means current, official authority
    20  from a remote state permitting the  practice  of  nursing  as  either  a
    21  registered  nurse or a licensed practical/vocational nurse in such party
    22  state. All party states have the authority, in accordance with  existing
    23  state  due  process  law,  to take actions against the nurse's privilege
    24  such as: revocation, suspension, probation or  any  other  action  which
    25  affects a nurse's authorization to practice.
    26    (i)  "Nurse" means a registered nurse or licensed practical/vocational
    27  nurse, as those terms are defined by each party's state practice laws.
    28    (j) "Party state" means any state that has adopted this Compact.
    29    (k) "Remote state" means a party state, other than the home state,
    30    (1) Where the patient is located at the time nursing care is provided,
    31  or
    32    (2) In the case of the practice of nursing not involving a patient, in
    33  such party state where the recipient of nursing practice is located.
    34    (l) "Remote state action" means
    35    (1) Any administrative, civil, equitable or criminal action  permitted
    36  by  a  remote  state's  laws  which are imposed on a nurse by the remote
    37  state's licensing board or other authority including actions against  an
    38  individual's  multistate  licensure  privilege to practice in the remote
    39  state, and
    40    (2) Cease and desist and other injunctive or equitable  orders  issued
    41  by remote states or the licensing boards thereof.
    42    (m)  "State"  means  a  state,  territory  or possession of the United
    43  States, the District of Columbia or the Commonwealth of Puerto Rico.
    44    (n) "State practice laws" means those individual  party  state's  laws
    45  and regulations that govern the practice of nursing, define the scope of
    46  nursing practice, and create the methods and grounds for imposing disci-
    47  pline. "State practice laws" does not include the initial qualifications
    48  for  licensure or requirements necessary to obtain and retain a license,
    49  except for qualifications or requirements of the home state.
 
    50                                ARTICLE III.
    51                     General Provisions and Jurisdiction
 
    52    (a) A license to practice registered nursing issued by a home state to
    53  a resident in that state will be  recognized  by  each  party  state  as
    54  authorizing a multistate licensure privilege to practice as a registered

        A. 4552                             5
 
     1  nurse   in   such   party   state.   A   license  to  practice  licensed
     2  practical/vocational nursing issued by a home state  to  a  resident  in
     3  that  state  will  be  recognized  by  each party state as authorizing a
     4  multistate    licensure    privilege   to   practice   as   a   licensed
     5  practical/vocational nurse in such party state. In order  to  obtain  or
     6  retain a license, an applicant must meet the home state's qualifications
     7  for  licensure and license renewal as well as all other applicable state
     8  laws.
     9    (b) Party states may, in accordance with state due process laws, limit
    10  or revoke the multistate licensure privilege of any nurse to practice in
    11  their state and may take any other actions under their applicable  state
    12  laws  necessary to protect the health and safety of their citizens. If a
    13  party state takes such action, it shall promptly notify the  administra-
    14  tor  of the coordinated licensure information system.  The administrator
    15  of the coordinated licensure information system  shall  promptly  notify
    16  the home state of any such actions by remote states.
    17    (c) Every nurse practicing in a party state must comply with the state
    18  practice  laws  of the state in which the patient is located at the time
    19  care is rendered.  In addition, the practice of nursing is  not  limited
    20  to  patient  care,  but shall include all nursing practice as defined by
    21  the state practice laws of a party state. The practice of  nursing  will
    22  subject a nurse to the jurisdiction of the nurse licensing board and the
    23  courts, as well as the laws, in that party state.
    24    (d)  This  Compact  does not affect additional requirements imposed by
    25  states for advanced practice registered nursing. However,  a  multistate
    26  licensure  privilege  to  practice registered nursing granted by a party
    27  state shall be recognized by other party states as a license to practice
    28  registered nursing if one is required by state law as a precondition for
    29  qualifying for advanced practice registered nurse authorization.
    30    (e) Individuals not residing in a party state  shall  continue  to  be
    31  able to apply for nurse licensure as provided for under the laws of each
    32  party  state. However, the license granted to these individuals will not
    33  be recognized as granting the privilege to practice nursing in any other
    34  party state unless explicitly agreed to by that party state.
 
    35                                 ARTICLE IV.
    36                 Applications for Licensure in a Party State
 
    37    (a) Upon application for a license, the licensing  board  in  a  party
    38  state  shall  ascertain,  through  the coordinated licensure information
    39  system, whether the applicant has ever held, or  is  the  holder  of,  a
    40  license issued by any other state, whether there are any restrictions on
    41  the multistate licensure privilege, and whether any other adverse action
    42  by any state has been taken against the license.
    43    (b)  A  nurse  in a party state shall hold licensure in only one party
    44  state at a time issued by the home state.
    45    (c) A nurse who intends to change primary state of residence may apply
    46  for licensure in the new home state in advance of such change.  However,
    47  new  licenses  will  not  be issued by a party state until after a nurse
    48  provides evidence of change in primary state of  residence  satisfactory
    49  to the new home state's licensing board.
    50    (d) When a nurse changes primary state of residence by:
    51    (1)  Moving  between  two party states, and obtains a license from the
    52  new home state, the license from the former  home  state  is  no  longer
    53  valid;

        A. 4552                             6
 
     1    (2)  Moving  from  a  non-party  state to a party state, and obtains a
     2  license from the new home state, the individual state license issued  by
     3  the  non-party state is not affected and will remain in full force if so
     4  provided by the laws of the non-party state;
     5    (3) Moving from a party state to a non-party state, the license issued
     6  by  the  prior home state converts to an individual state license, valid
     7  only in the former home state, without the multistate  licensure  privi-
     8  lege to practice in other party states.
 
     9                                 ARTICLE V.
    10                               Adverse Actions
 
    11    In  addition  to  the General Provisions described in Article III, the
    12  following provisions apply:
    13    (a) The licensing board of a remote state shall promptly report to the
    14  administrator of the coordinated licensure information system any remote
    15  state actions including the factual and legal basis for such action,  if
    16  known.  The licensing board of a remote state shall also promptly report
    17  any significant current investigative information yet  to  result  in  a
    18  remote  state  action.  The  administrator  of the coordinated licensure
    19  information system shall promptly notify the  home  state  of  any  such
    20  reports.
    21    (b)  The  licensing board of a party state shall have the authority to
    22  complete any pending investigations for  a  nurse  who  changes  primary
    23  state  of  residence  during the course of such investigations. It shall
    24  also have the authority to take appropriate action or actions, and shall
    25  promptly report the conclusions of such investigations to  the  adminis-
    26  trator of the coordinated licensure information system.  The administra-
    27  tor of the coordinated licensure information system shall promptly noti-
    28  fy the new home state of any such actions.
    29    (c)  A  remote  state may take adverse action affecting the multistate
    30  licensure privilege to practice within that party state.  However,  only
    31  the home state shall have the power to impose adverse action against the
    32  license issued by the home state.
    33    (d)  For  purposes  of imposing adverse action, the licensing board of
    34  the home state shall give the  same  priority  and  effect  to  reported
    35  conduct  received  from  a  remote state as it would if such conduct had
    36  occurred within the home state. In so doing,  it  shall  apply  its  own
    37  state laws to determine appropriate action.
    38    (e)  The home state may take adverse action based on the factual find-
    39  ings of the remote state, so long as each state follows its  own  proce-
    40  dures for imposing such adverse action.
    41    (f)  Nothing  in  this Compact shall override a party state's decision
    42  that participation in an alternative program may  be  used  in  lieu  of
    43  licensure  action and that such participation shall remain non-public if
    44  required by the party state's laws.   Party states must  require  nurses
    45  who enter any alternative programs to agree not to practice in any other
    46  party  state  during  the  term of the alternative program without prior
    47  authorization from such other party state.
 
    48                                 ARTICLE VI.
    49    Additional Authorities Invested in Party State Nurse Licensing Boards
 
    50    Notwithstanding any other powers, party state nurse  licensing  boards
    51  shall have the authority to:

        A. 4552                             7
 
     1    (a)  If  otherwise  permitted  by state law, recover from the affected
     2  nurse the costs of investigations and  disposition  of  cases  resulting
     3  from any adverse action taken against that nurse;
     4    (b) Issue subpoenas for both hearings and investigations which require
     5  the  attendance  and  testimony  of  witnesses,  and  the  production of
     6  evidence.  Subpoenas issued by a nurse licensing board in a party  state
     7  for  the attendance and testimony of witnesses, and/or the production of
     8  evidence from another party state, shall be enforced in the latter state
     9  by any court of competent jurisdiction, according to  the  practice  and
    10  procedure  of  that  court applicable to subpoenas issued in proceedings
    11  pending before it. The issuing authority shall  pay  any  witness  fees,
    12  travel expenses, mileage and other fees required by the service statutes
    13  of the state where the witnesses and/or evidence are located.
    14    (c) Issue cease and desist orders to limit or revoke a nurse's author-
    15  ity to practice in their state;
    16    (d)  Promulgate uniform rules and regulations as provided for in Arti-
    17  cle VIII(c).
 
    18                                ARTICLE VII.
    19                  Coordinated Licensure Information System
 
    20    (a) All party states shall participate  in  a  cooperative  effort  to
    21  create  a  coordinated  data  base of all licensed registered nurses and
    22  licensed practical/vocational nurses. This system shall include informa-
    23  tion on the  licensure  and  disciplinary  history  of  each  nurse,  as
    24  contributed  by  party  states,  to  assist in the coordination of nurse
    25  licensure and enforcement efforts.
    26    (b) Notwithstanding any other provision  of  law,  all  party  states'
    27  licensing  boards shall promptly report adverse actions, actions against
    28  multistate licensure privileges, any current  significant  investigative
    29  information  yet  to  result in adverse action, denials of applications,
    30  and the reasons for such denials, to the coordinated licensure  informa-
    31  tion system.
    32    (c) Current significant investigative information shall be transmitted
    33  through the coordinated licensure information system only to party state
    34  licensing boards.
    35    (d)  Notwithstanding  any  other  provision  of law, all party states'
    36  licensing boards contributing information to the  coordinated  licensure
    37  information system may designate information that may not be shared with
    38  non-party  states  or disclosed to other entities or individuals without
    39  the express permission of the contributing state.
    40    (e) Any  personally  identifiable  information  obtained  by  a  party
    41  state's  licensing  board  from  the  coordinated  licensure information
    42  system may not be shared with non-party states  or  disclosed  to  other
    43  entities  or  individuals  except to the extent permitted by the laws of
    44  the party state contributing the information.
    45    (f) Any information contributed to the coordinated licensure  informa-
    46  tion  system that is subsequently required to be expunged by the laws of
    47  the party state contributing that information, shall  also  be  expunged
    48  from the coordinated licensure information system.
    49    (g)  The Compact administrators, acting jointly with each other and in
    50  consultation with the administrator of the coordinated licensure  infor-
    51  mation  system,  shall formulate necessary and proper procedures for the
    52  identification,  collection  and  exchange  of  information  under  this
    53  Compact.

        A. 4552                             8
 
     1                                ARTICLE VIII.
     2            Compact Administration and Interchange of Information
 
     3    (a)  The head of the nurse licensing board, or his or her designee, of
     4  each party state shall be the administrator of this Compact for  his  or
     5  her state.
     6    (b) The Compact administrator of each party state shall furnish to the
     7  Compact  administrator  of  each  other  party state any information and
     8  documents including, but not limited to, a uniform data set of  investi-
     9  gations,  identifying information, licensure data and disclosable alter-
    10  native program participation  information  to  facilitate  the  adminis-
    11  tration of this Compact.
    12    (c) Compact administrators shall have the authority to develop uniform
    13  rules to facilitate and coordinate implementation of this Compact. These
    14  uniform  rules  shall  be  adopted  by party states, under the authority
    15  invested under Article VI(d).
 
    16                                 ARTICLE IX.
    17                                  Immunity
 
    18    No party state or the officers or  employees  or  agents  of  a  party
    19  state's nurse licensing board who acts in accordance with the provisions
    20  of  this  Compact  shall  be liable on account of any act or omission in
    21  good faith while engaged in the performance of their duties  under  this
    22  Compact.  Good  faith  in this article shall not include willful miscon-
    23  duct, gross negligence or recklessness.
 
    24                                 ARTICLE X.
    25                 Entry into Force, Withdrawal, and Amendment
 
    26    (a) This Compact shall enter into force and become effective as to any
    27  state when it has been enacted into the laws of that  state.  Any  party
    28  state may withdraw from this Compact by enacting a statute repealing the
    29  same,  but  no  such withdrawal shall take effect until six months after
    30  the withdrawing state has given notice of the withdrawal to  the  execu-
    31  tive heads of all other party states.
    32    (b)  No  withdrawal  shall affect the validity or applicability by the
    33  licensing boards of states remaining party to the Compact of any  report
    34  of adverse action occurring prior to the withdrawal.
    35    (c) Nothing contained in this Compact shall be construed to invalidate
    36  or  prevent  any nurse licensure agreement or other cooperative arrange-
    37  ment between a party state and a non-party state that is made in accord-
    38  ance with the other provisions of this Compact.
    39    (d) This Compact may be amended by the party states. No  amendment  to
    40  this  Compact  shall  become effective and binding upon the party states
    41  unless and until it is enacted into the laws of all party states.
 
    42                                 ARTICLE XI.
    43                        Construction and Severability
 
    44    1. (a) This Compact shall be liberally construed so as  to  effectuate
    45  the  purposes thereof. The provisions of this Compact shall be severable
    46  and if any phrase, clause, sentence or  provision  of  this  Compact  is
    47  declared to be contrary to the constitution of any party state or of the
    48  United  States  or  the applicability thereof to any government, agency,
    49  person or circumstance is held invalid, the validity of the remainder of

        A. 4552                             9
 
     1  this Compact and the applicability thereof to  any  government,  agency,
     2  person  or  circumstance  shall not be affected thereby. If this Compact
     3  shall be held contrary to the constitution of any state  party  thereto,
     4  the  Compact  shall  remain in full force and effect as to the remaining
     5  party states and in full force and effect as to the party state affected
     6  as to all severable matters.
     7    (b) In the event party states find a need for settling disputes  aris-
     8  ing under this Compact:
     9    (1)  The  party  states  may  submit the issues in dispute to an arbi-
    10  tration panel which will be comprised of an individual appointed by  the
    11  Compact  administrator in the home state; an individual appointed by the
    12  Compact administrator in the remote state or  states  involved;  and  an
    13  individual mutually agreed upon by the Compact administrators of all the
    14  party states involved in the dispute.
    15    (2)  The  decision of a majority of the arbitrators shall be final and
    16  binding.
    17    2. For the purposes of the Compact set forth  in  subdivision  one  of
    18  this  section  the  "head  of  the nurse licensing board" for this state
    19  shall be the secretary to the state board for nursing.
    20    3. To facilitate cross-state enforcement  efforts,  this  state  shall
    21  have  the power to recover from the affected nurse the costs of investi-
    22  gations and disposition of cases resulting from adverse actions taken by
    23  this state against that nurse.
    24    4. This Compact is designed to facilitate the regulation of nurses and
    25  does not relieve employers from complying with  obligations  imposed  by
    26  law or regulation.
    27    5. This Compact does not supersede existing labor laws.
    28    6. To facilitate workforce planning, the commissioner is authorized to
    29  collect employment data on nurses practicing on the multistate privilege
    30  in the nurse licensure compact provided that the submission of this data
    31  is not a requirement for practice under the multistate privilege.
    32    §  2.  This  act shall take effect on the ninetieth day after it shall
    33  have become a law. Effective immediately, the addition, amendment and/or
    34  repeal of any rule or regulation necessary  for  the  implementation  of
    35  this  act  on its effective date are authorized to be made and completed
    36  on or before such effective date.
 
    37                                   PART D
 
    38    Section 1.  The general business law is amended by adding a new  arti-
    39  cle 2-A to read as follows:
    40                                 ARTICLE 2-A
    41                          ADMISSION TO A PROFESSION
    42  Section 20. Admission  to  a  profession;  licensing,  certification  or
    43                registration.
    44    § 20. Admission to a profession; licensing, certification or registra-
    45  tion.  Admission to practice of a profession governed by this chapter in
    46  this state is accomplished, where required, by a license,  certification
    47  or  certificate of registration being issued to a qualified applicant by
    48  the secretary of state. To  qualify  for  a  license,  certification  or
    49  certificate  of  registration  an  applicant shall meet the requirements
    50  prescribed in the article for the particular profession and  shall  meet
    51  the  requirements prescribed in section 3-503 of the general obligations
    52  law; provided that, notwithstanding any provision  of  the  law  to  the
    53  contrary, any applicant who is the spouse of a member of the armed forc-
    54  es of the United States, national guard or reserves may submit satisfac-

        A. 4552                            10
 
     1  tory evidence of licensure, certification or registration to practice an
     2  equivalent occupation issued by any other state, territory, protectorate
     3  or  dependency  of the United States in lieu of the submissions required
     4  by  the  article of this chapter for the particular profession, provided
     5  that such license, certification  or  certificate  of  registration  was
     6  granted  in compliance with standards which were, in the judgment of the
     7  secretary, not lower than those of this state.
     8    § 2. Subsection (d) of section 2136 of the insurance law, as added  by
     9  chapter 687 of the laws of 2003, is amended to read as follows:
    10    (d)  (1)  the  applicant's  home  state  awards  nonresident insurance
    11  producer licenses to residents of  this  state  on  the  same  basis  as
    12  provided in this subsection; or
    13    (2) the applicant is the spouse of a member of the armed forces of the
    14  United States, national guard or reserves.
    15    § 3. Section 442-g of the real property law is amended by adding a new
    16  subdivision 1-a to read as follows:
    17    1-a.  No  nonresident  applicant  who is the spouse of a member of the
    18  armed forces of the United States, national guard, or reserves regularly
    19  engaged in the real estate business as a vocation, who maintains a defi-
    20  nite place of business and is licensed by any  other  state,  territory,
    21  protectorate  or  dependency  of the United States, shall be required to
    22  maintain a place of business within this  state.  The  commission  shall
    23  recognize the license issued by another state to an applicant who is the
    24  spouse  of  a  member of the armed forces of the United States, national
    25  guard, or reserves as qualification for a license in New York,  provided
    26  that  such  license was granted in compliance with standards which were,
    27  in the judgment of the secretary, not lower than those of this state.
    28    § 4. Section 444-e of the real property law is amended by adding a new
    29  subdivision 2-a to read as follows:
    30    2-a. Any applicant for a license who is a spouse of a  member  of  the
    31  armed forces of the United States, national guard or reserves may submit
    32  satisfactory  evidence of licensure to practice an equivalent occupation
    33  issued by any other state, territory, protectorate or dependency of  the
    34  United States in lieu of the evidence of education, experience and exam-
    35  ination  required by subdivision one of this section, provided that such
    36  license was granted in compliance with  standards  which  were,  in  the
    37  judgment of the secretary, not lower than those of this state.
    38    §  5.  This  act shall take effect on the ninetieth day after it shall
    39  have become a law. Effective immediately, the addition, amendment and/or
    40  repeal of any rule or regulation necessary  for  the  implementation  of
    41  this  act  on its effective date are authorized to be made and completed
    42  on or before such effective date.
    43    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    44  sion, section or part of this act shall be  adjudged  by  any  court  of
    45  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    46  impair, or invalidate the remainder thereof, but shall  be  confined  in
    47  its  operation  to the clause, sentence, paragraph, subdivision, section
    48  or part thereof directly involved in the controversy in which such judg-
    49  ment shall have been rendered. It is hereby declared to be the intent of
    50  the legislature that this act would  have  been  enacted  even  if  such
    51  invalid provisions had not been included herein.
    52    §  3.  This act shall take effect immediately; provided, however, that
    53  the applicable effective date of Parts A through D of this act shall  be
    54  as specifically set forth in the last section of such Parts.
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