•  Summary 
  •  Actions 
  •  Committee Votes 
  •  Floor Votes 
  •  Memo 
  •  Text 

A04394 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    January 30, 2015
        Introduced  by M. of A. ORTIZ, STEC, BUTLER, TENNEY, LUPINACCI, BLANKEN-
          Sponsored by -- M. of A.  DUPREY, LUPARDO, MAGEE, McDONOUGH, THIELE --
          read once and referred to the Committee on Higher Education --  recom-
          mitted  to the Committee on Higher Education in accordance with Assem-
          bly Rule 3, sec. 2 --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the education law, in relation to expedited licensing by
          certain military spouses
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 6501 of the education law, as amended by chapter 81
     2  of the laws of 1995, is amended to read as follows:
     3    § 6501. Admission to a profession (licensing).  1. Admission to  prac-
     4  tice  of  a  profession in this state is accomplished by a license being
     5  issued to a qualified applicant by the education department.  To qualify
     6  for a license an applicant shall meet the requirements prescribed in the
     7  article for the particular profession and shall  meet  the  requirements
     8  prescribed in section 3-503 of the general obligations law.
     9    2. a. Notwithstanding any provision of law to the contrary, any appli-
    10  cant  seeking to qualify for a license pursuant to this title who is the
    11  spouse of an active duty member  of  the  armed  forces  of  the  United
    12  States, national guard or reserves as defined in 10 U.S.C. sections 1209
    13  and  1211,  and such spouse is transferred by the military to this state
    14  shall be afforded an expedited review of  his  or  her  application  for
    15  licensure. Such application shall be on a form prescribed by the depart-
    16  ment  and  shall include an attestation by the applicant of the military
    17  status of his or her spouse and any other such supporting  documentation
    18  that  the  department  may require. Upon review of such application, the
    19  department shall issue a license to the applicant if the applicant holds
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 4394--A                          2
     1  a license in good standing in another state and in the  opinion  of  the
     2  department,  the  requirements  for  licensure  of  such other state are
     3  substantially equivalent to  the  requirements  for  licensure  in  this
     4  state.
     5    b.  In addition to the expedited review granted in paragraph a of this
     6  subdivision, an applicant who provides satisfactory  documentation  that
     7  he  or  she  holds  a  license  in good standing from another state, may
     8  request the issuance of a temporary practice permit, which,  if  granted
     9  will  permit  the  applicant to work under the supervision of a New York
    10  state licensee in accordance with regulations of the  commissioner.  The
    11  department  may  grant  such  temporary  practice permit when it appears
    12  based on the application and supporting documentation received that  the
    13  applicant will meet the requirements for licensure in this state because
    14  he  or  she  holds  a  license  in good standing from another state with
    15  significantly comparable licensure requirements to those of this  state,
    16  except  the department has not been able to secure direct source verifi-
    17  cation of the  applicant's  underlying  credentials  (e.g.,  receipt  of
    18  original  transcript,  experience  verification).  Such  permit shall be
    19  valid for six months or until  ten  days  after  notification  that  the
    20  applicant  does not meet the qualifications for licensure. An additional
    21  six months may be granted upon a determination by  the  department  that
    22  the  applicant  is expected to qualify for the full license upon receipt
    23  of the remaining direct source verification documents requested  by  the
    24  department  in  such  time  period  and  that the delay in providing the
    25  necessary documentation  for  full  licensure  was  due  to  extenuating
    26  circumstances which the military spouse could not avoid.
    27    c. A temporary practice permit issued under paragraph b of this subdi-
    28  vision shall be subject to the full disciplinary and regulatory authori-
    29  ty  of  the board of regents and the department, pursuant to this title,
    30  as if such authorization were a professional license issued  under  this
    31  article.
    32    d.  The  department shall reduce the initial licensure application fee
    33  by one-half for any application submitted by  a  military  spouse  under
    34  this subdivision.
    35    § 2. This act shall take effect on the one hundred eightieth day after
    36  it shall have become a law.
Go to top