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

                                  7596

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 23, 2013
                               ___________

Introduced  by  M. of A. KATZ -- 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
PRECEEDING 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.
                                                           LBD08153-01-3

              

A. 7596                             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.