Bill Text: NY A07596 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to allowing licensure by endorsement for military spouses.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced - Dead) 2014-04-07 - held for consideration in higher education [A07596 Detail]

Download: New_York-2013-A07596-Introduced.html

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                           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:
    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  PRECEEDING 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.
                                                                  LBD08153-01-3
       A. 7596                             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.