N.Y. Comp. Codes R. & Regs. tit. 8 § 59.16

Current through Register Vol. 46, No. 25, June 18, 2024

Section 59.16 - Temporary practice certificate for certain servicemembers and spouses

(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.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 59.16

Adopted New York State Register September 27, 2023/Volume XLV, Issue 39, eff. 9/11/2023, exp. 11/9/2023 (Emergency)

Amended New York State Register November 1, 2023/Volume XLIV, Issue 44, eff. 11/1/2023