Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Definitions. For purposes of this section the following terms shall have the
following meanings:
(1) "Servicemember" shall
have the same meaning as defined in
50 U.S.C.
3911(1).
(2) "Military service" shall have the same
meaning as defined in 50
U.S.C. 3911(2).
(b) Eligibility. A United States
servicemember or servicemember's spouse, either of whom holds a current
professional license in good standing in another United States state or
jurisdiction other than New York State and has actively used such license
during the two years preceding the relocation, and who relocates their
residency because of a military order or orders for military service in New
York State may practice under the out-of-state license in New York State if he
or she meets the requirements for a temporary practice certificate prescribed
in this section. For purposes of this section, a certificate of temporary
practice shall be considered the same as a license to practice a
profession.
(c) Application. The
servicemember or servicemember's spouse shall submit in a form acceptable to
the department an application for the temporary practice certificate, which
shall include:
(1) A copy of the military
order or orders that relocate the servicemember to New York State that include
the expiration date (if any) of such orders;
(2) A copy of the current license and
registration, including the expiration date of such license, from the other
United States state or jurisdiction that authorizes the applicant to practice
the same profession which the servicemember or servicemember's spouse seeks to
practice in New York State;
(3) An
attestation that the servicemember or servicemember's spouse submits to the
full disciplinary and regulatory authority of the Board of Regents and the
department, including but not limited to standards of practice, discipline, and
fulfillment of any continuing education requirements for the profession in
which the temporary practice certificate is issued;
(4) Verification of good standing by the
current state(s) or jurisdiction(s) of licensure to practice the profession in
that jurisdiction(s). If the profession is not authorized or recognized in New
York State, the servicemember or servicemember's spouse may not practice that
profession in New York State; and
(5) Attestation that the servicemember or
spouse of a servicemember has actively used the license during the two years
immediately preceding the relocation . For purposes of this section, year is
defined as 12 months.
(d) The servicemember or servicemembers
spouse shall be of good moral character, as required by the Education Law and
as determined by the department.
(e) Certificate.
(1) The department shall issue a temporary
practice certificate to a servicemember or servicemember's spouse who meets the
requirements of this section.
(2)
The certificate shall name the authorized New York State profession and the
certificate holder's licensed profession and license number in the originating
jurisdiction.
(3) The certificate
holder shall display the certificate where the certificate holder practices
such profession in New York State.
(4) Failure to notify the department within
60 days of any change in the certificate holder's name, address or contact
information shall subject the certificate holder to the penalties set forth in
section
6511 of the
Education Law.
(f)
Duration. Except as otherwise prescribed in this section, the temporary
practice certificate shall be valid for the duration of the military order or
orders for service in New York State or for the time period during which the
out-of-state license is valid, whichever length of time ends first; provided,
however, that if disciplinary action is taken against the certificate holder by
the other state or jurisdiction in which they hold a license, the temporary
practice certificate shall no longer be valid as the servicemember or
servicemember's spouse would no longer be in good standing in such other state
or jurisdiction.
(1) If such order does not
include an expiration date, the certificate shall expire on the date the
applicant's license or registration in the other jurisdiction expires; the
certificate holder is responsible for providing an updated registration from
the other state for any renewal of the authorization.
(2) If the duration of such order or orders
changes, the certificate holder shall notify the department and provide the
revised or updated military order or orders for service in New York State
showing the updated expiration date of such orders. If the time period during
which the out-of-state license is valid changes, the certificate holder shall
notify the department and provide documentation showing the updated license
expiration date. If disciplinary action is taken against the certificate holder
by the other state or jurisdiction in which they hold a license, the
certificate holder shall notify the department.
(3) The department shall change the
expiration date of the certificate based on the revised or updated military
order or orders for service in New York State that show a new or updated
expiration date of such orders or documentation showing the updated end date of
service or license expiration date.
