S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6778
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2017
                                ___________
 
 Introduced  by  M.  of  A. B. MILLER, MONTESANO, GRAF, LALOR, PALMESANO,
   LUPINACCI -- Multi-Sponsored by -- M. of A. BARCLAY,  HAWLEY  --  read
   once and referred to the Committee on Higher Education
 
 AN  ACT to require a workgroup to investigate and report about licensing
   and the difficulties encountered by  military  spouses  (Part  A);  to
   amend  the education law, in relation to the authority of the state to
   certify persons to teach who are not graduates  of  teacher  education
   programs (Part B); to amend the education law, in relation to adopting
   the  interstate  nursing  licensure compact (Part C); to amend the the
   general business law, the insurance law and the real property law,  in
   relation  to  licensing of military spouses with out-of-state licenses
   in equivalent occupations (Part D)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law components of legislation relating
 to the "Military Spouse Act of 2017". Each component is wholly contained
 within  a  Part  identified as Parts A through D. The effective date for
 each particular provision contained within such Part is set forth in the
 last section of such Part. Any provision in any section contained within
 a Part, including the effective date of the Part, which makes  reference
 to a section "of this act", when used in connection with that particular
 component,  shall  be  deemed  to  mean  and  refer to the corresponding
 section of the Part in which it is found.   Section three  of  this  act
 sets forth the general effective date of this act.
 
                                  PART A
 
   Section  1.  State  agencies  are  hereby  directed to help spouses of
 members of the armed forces of the  United  States,  national  guard  or
 reserves  transfer  teaching certificates or professional certifications
 to their new home state.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09638-01-7

 A. 6778                             2
 
   § 2. The department of labor and the  division  of  veterans'  affairs
 shall establish a workgroup to identify licensing requirements for work-
 force  shortage  areas  and  to  study, in conjunction with the relevant
 licensing entities, whether comparable military training  could  substi-
 tute  for  current  licensing  requirements,  and manners in which state
 agencies, regulatory bodies and licensing entities can adopt  procedures
 sensitive to the difficulties encountered by military spouses. The work-
 group  shall  submit  any  findings,  including  any recommendations for
 legislative action to the  governor,  the  temporary  president  of  the
 senate and the speaker of the assembly by January 1, 2017.
   § 3. This act shall take effect immediately.
 
                                  PART B
 
   Section  1.  Subdivision  1  of  section  3006 of the education law is
 amended by adding a new paragraph f to read as follows:
   F. AN ALTERNATIVE PLACEMENT CERTIFICATE TO ANY PERSON:
   (1) WHO MEETS THE ELIGIBILITY REQUIREMENTS OF THE TROOPS FOR  TEACHERS
 PROGRAM  OPERATED BY THE UNITED STATES DEPARTMENT OF DEFENSE AND MANAGED
 BY THE DEFENSE ACTIVITY FOR NON-TRADITIONAL EDUCATION SUPPORT  ORGANIZA-
 TION; AND
   (2)  WHO  MEETS  THE  REQUIREMENTS SET FORTH IN SECTION THREE THOUSAND
 EIGHT-A OF THIS ARTICLE.
   § 2. The education law is amended by adding a new  section  3008-a  to
 read as follows:
   §  3008-A.  ALTERNATIVE  TEACHING  CERTIFICATION.  1. THE COMMISSIONER
 SHALL ISSUE A ONE-YEAR, NONRENEWABLE MIDDLE OR SECONDARY LEVEL  ALTERNA-
 TIVE  TEACHING  CERTIFICATION  TO  TEACH  TO ANY PERSON WHO HAS ATTAINED
 CERTIFICATION BY AN ALTERNATIVE TEACHER  CERTIFICATION  ORGANIZATION  AS
 SET  FORTH IN SUBDIVISION THREE OF THIS SECTION AND HAS MET THE REQUIRE-
 MENTS OF SECTION THREE THOUSAND FOUR-B OF THIS ARTICLE.
   2. NOTWITHSTANDING ANY PROVISION OF  LAW  TO  THE  CONTRARY,  TEACHERS
 ISSUED  AN  ALTERNATIVE  TEACHING CERTIFICATION PURSUANT TO THIS SECTION
 SHALL PARTICIPATE IN THE MENTORING PROGRAM PROVIDED BY  THE  ALTERNATIVE
 TEACHER  CERTIFICATION ORGANIZATION AS SET FORTH IN SUBDIVISION THREE OF
 THIS SECTION. UPON SUCCESSFUL  COMPLETION  OF  SUCH  MENTORING  PROGRAM,
 COMPLETION  OF  THE  APPLICATION AND PAYMENT OF THE CERTIFICATION FEE AS
 SET FORTH IN SECTION THREE THOUSAND SIX OF THIS ARTICLE OR AS PRESCRIBED
 BY THE COMMISSIONER, THE COMMISSIONER SHALL ISSUE THE TEACHER A  CERTIF-
 ICATE TO TEACH.
   3.  FOR  PURPOSES  OF THIS SECTION, THE COMMISSIONER SHALL IDENTIFY AN
 ALTERNATIVE TEACHER CERTIFICATION ORGANIZATION  THAT  WAS  FOUNDED  WITH
 GRANT  FUNDING  FROM  THE UNITED STATES DEPARTMENT OF EDUCATION AND THAT
 DEVELOPED PURSUANT TO THE PASSPORT TO TEACHING PROGRAM  ADMINISTERED  BY
 THE  AMERICAN  BOARD FOR CERTIFICATION OF TEACHER EXCELLENCE. THE ORGAN-
 IZATION SHALL REQUIRE CANDIDATES TO HOLD A  BACHELOR'S  DEGREE,  PASS  A
 PROFESSIONAL  TEACHING KNOWLEDGE EXAM, PASS A SUBJECT AREA EXAM AND PASS
 A BACKGROUND CHECK.  THE  ORGANIZATION  SHALL  PROVIDE  CANDIDATES  WITH
 ACCESS  TO WORKSHOPS, AN EXPERIENCED TEACHER-ADVISOR AND OPTIONAL ACCESS
 TO COMPREHENSIVE SUBJECT  MATTER  REFRESHER  COURSES.  THE  ORGANIZATION
 SHALL ALSO PROVIDE AN INTENSIVE MENTORING AND INDUCTION PROGRAM.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that  effective  immediately,  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 and directed to be made and completed on or before such effective date.

 A. 6778                             3

                                  PART C
 
   Section  1.  The education law is amended by adding a new section 6912
 to read as follows:
   § 6912. INTERSTATE NURSE LICENSURE COMPACT. 1.  THE  INTERSTATE  NURSE
 LICENSURE  COMPACT  IS HEREBY ENACTED INTO LAW AND ENTERED INTO WITH ALL
 JURISDICTIONS LEGALLY JOINING  THEREIN  IN  THE  FORM  SUBSTANTIALLY  AS
 FOLLOWS:
 
                    INTERSTATE NURSE LICENSURE COMPACT
                                ARTICLE I.
                    FINDINGS AND DECLARATION OF PURPOSE
 
   (A) THE PARTY STATES FIND THAT:
   (1)  THE HEALTH AND SAFETY OF THE PUBLIC ARE AFFECTED BY THE DEGREE OF
 COMPLIANCE WITH AND THE EFFECTIVENESS OF ENFORCEMENT ACTIVITIES  RELATED
 TO STATE NURSE LICENSURE LAWS;
   (2)  VIOLATIONS OF NURSE LICENSURE AND OTHER LAWS REGULATING THE PRAC-
 TICE OF NURSING MAY RESULT IN INJURY OR HARM TO THE PUBLIC;
   (3) THE EXPANDED MOBILITY OF NURSES AND THE USE OF  ADVANCED  COMMUNI-
 CATION  TECHNOLOGIES  AS PART OF OUR NATION'S HEALTHCARE DELIVERY SYSTEM
 REQUIRE GREATER COORDINATION AND COOPERATION AMONG STATES IN  THE  AREAS
 OF NURSE LICENSURE AND REGULATION;
   (4)  NEW PRACTICE MODALITIES AND TECHNOLOGY MAKE COMPLIANCE WITH INDI-
 VIDUAL STATE NURSE LICENSURE LAWS DIFFICULT AND COMPLEX; AND
   (5) THE CURRENT SYSTEM OF DUPLICATIVE LICENSURE FOR NURSES  PRACTICING
 IN  MULTIPLE  STATES  IS  CUMBERSOME  AND  REDUNDANT  TO BOTH NURSES AND
 STATES.
   (B) THE GENERAL PURPOSES OF THIS COMPACT ARE TO:
   (1) FACILITATE THE STATES'  RESPONSIBILITY  TO  PROTECT  THE  PUBLIC'S
 HEALTH AND SAFETY;
   (2)  ENSURE AND ENCOURAGE THE COOPERATION OF PARTY STATES IN THE AREAS
 OF NURSE LICENSURE AND REGULATION;
   (3) FACILITATE THE EXCHANGE OF INFORMATION BETWEEN PARTY STATES IN THE
 AREAS OF NURSE REGULATION, INVESTIGATION, AND ADVERSE ACTIONS;
   (4) PROMOTE COMPLIANCE WITH THE LAWS GOVERNING THE PRACTICE OF NURSING
 IN EACH JURISDICTION; AND
   (5) INVEST ALL PARTY  STATES  WITH  THE  AUTHORITY  TO  HOLD  A  NURSE
 ACCOUNTABLE  FOR  MEETING  ALL STATE PRACTICE LAWS IN THE STATE IN WHICH
 THE PATIENT IS LOCATED AT THE TIME CARE IS RENDERED THROUGH  THE  MUTUAL
 RECOGNITION OF PARTY STATE LICENSES.

                                ARTICLE II.
                                DEFINITIONS
 
   AS USED IN THIS COMPACT:
   (A) "ADVERSE ACTION" MEANS A HOME OR REMOTE STATE ACTION.
   (B) "ALTERNATIVE PROGRAM" MEANS A VOLUNTARY, NON-DISCIPLINARY MONITOR-
 ING PROGRAM APPROVED BY A NURSE LICENSING BOARD.
   (C)  "COORDINATED  LICENSURE  INFORMATION  SYSTEM" MEANS AN INTEGRATED
 PROCESS FOR COLLECTING, STORING, AND SHARING INFORMATION ON NURSE LICEN-
 SURE AND ENFORCEMENT ACTIVITIES RELATED TO NURSE LICENSURE  LAWS,  WHICH
 IS  ADMINISTERED BY A NON-PROFIT ORGANIZATION COMPOSED OF AND CONTROLLED
 BY STATE NURSE LICENSING BOARDS.
   (D) "CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION" MEANS:

 A. 6778                             4
 
   (1) INVESTIGATIVE INFORMATION THAT A LICENSING BOARD, AFTER A PRELIMI-
 NARY INQUIRY THAT INCLUDES NOTIFICATION AND AN OPPORTUNITY FOR THE NURSE
 TO RESPOND IF REQUIRED BY STATE  LAW,  HAS  REASON  TO  BELIEVE  IS  NOT
 GROUNDLESS AND, IF PROVED TRUE, WOULD INDICATE MORE THAN A MINOR INFRAC-
 TION; OR
   (2) INVESTIGATIVE INFORMATION THAT INDICATES THAT THE NURSE REPRESENTS
 AN  IMMEDIATE  THREAT  TO PUBLIC HEALTH AND SAFETY REGARDLESS OF WHETHER
 THE NURSE HAS BEEN NOTIFIED AND HAD AN OPPORTUNITY TO RESPOND.
   (E) "HOME STATE" MEANS THE PARTY STATE WHICH IS  THE  NURSE'S  PRIMARY
 STATE OF RESIDENCE.
   (F)  "HOME STATE ACTION" MEANS ANY ADMINISTRATIVE, CIVIL, EQUITABLE OR
 CRIMINAL ACTION PERMITTED BY THE HOME STATE'S LAWS WHICH ARE IMPOSED  ON
 A NURSE BY THE HOME STATE'S LICENSING BOARD OR OTHER AUTHORITY INCLUDING
 ACTIONS AGAINST AN INDIVIDUAL'S LICENSE SUCH AS: REVOCATION, SUSPENSION,
 PROBATION OR ANY OTHER ACTION WHICH AFFECTS THE NURSE'S AUTHORIZATION TO
 PRACTICE.
   (G)  "LICENSING BOARD" MEANS A PARTY STATE'S REGULATORY BODY RESPONSI-
 BLE FOR ISSUING NURSE LICENSES.
   (H) "MULTISTATE LICENSURE PRIVILEGE" MEANS CURRENT, OFFICIAL AUTHORITY
 FROM A REMOTE STATE PERMITTING THE  PRACTICE  OF  NURSING  AS  EITHER  A
 REGISTERED  NURSE OR A LICENSED PRACTICAL/VOCATIONAL NURSE IN SUCH PARTY
 STATE. ALL PARTY STATES HAVE THE AUTHORITY, IN ACCORDANCE WITH  EXISTING
 STATE  DUE  PROCESS  LAW,  TO TAKE ACTIONS AGAINST THE NURSE'S PRIVILEGE
 SUCH AS: REVOCATION, SUSPENSION, PROBATION OR  ANY  OTHER  ACTION  WHICH
 AFFECTS A NURSE'S AUTHORIZATION TO PRACTICE.
   (I)  "NURSE" MEANS A REGISTERED NURSE OR LICENSED PRACTICAL/VOCATIONAL
 NURSE, AS THOSE TERMS ARE DEFINED BY EACH PARTY'S STATE PRACTICE LAWS.
   (J) "PARTY STATE" MEANS ANY STATE THAT HAS ADOPTED THIS COMPACT.
   (K) "REMOTE STATE" MEANS A PARTY STATE, OTHER THAN THE HOME STATE,
   (1) WHERE THE PATIENT IS LOCATED AT THE TIME NURSING CARE IS PROVIDED,
 OR
   (2) IN THE CASE OF THE PRACTICE OF NURSING NOT INVOLVING A PATIENT, IN
 SUCH PARTY STATE WHERE THE RECIPIENT OF NURSING PRACTICE IS LOCATED.
   (L) "REMOTE STATE ACTION" MEANS
   (1) ANY ADMINISTRATIVE, CIVIL, EQUITABLE OR CRIMINAL ACTION  PERMITTED
 BY  A  REMOTE  STATE'S  LAWS  WHICH ARE IMPOSED ON A NURSE BY THE REMOTE
 STATE'S LICENSING BOARD OR OTHER AUTHORITY INCLUDING ACTIONS AGAINST  AN
 INDIVIDUAL'S  MULTISTATE  LICENSURE  PRIVILEGE TO PRACTICE IN THE REMOTE
 STATE, AND
   (2) CEASE AND DESIST AND OTHER INJUNCTIVE OR EQUITABLE  ORDERS  ISSUED
 BY REMOTE STATES OR THE LICENSING BOARDS THEREOF.
   (M)  "STATE"  MEANS  A  STATE,  TERRITORY  OR POSSESSION OF THE UNITED
 STATES, THE DISTRICT OF COLUMBIA OR THE COMMONWEALTH OF PUERTO RICO.
   (N) "STATE PRACTICE LAWS" MEANS THOSE INDIVIDUAL  PARTY  STATE'S  LAWS
 AND REGULATIONS THAT GOVERN THE PRACTICE OF NURSING, DEFINE THE SCOPE OF
 NURSING PRACTICE, AND CREATE THE METHODS AND GROUNDS FOR IMPOSING DISCI-
 PLINE. "STATE PRACTICE LAWS" DOES NOT INCLUDE THE INITIAL QUALIFICATIONS
 FOR  LICENSURE OR REQUIREMENTS NECESSARY TO OBTAIN AND RETAIN A LICENSE,
 EXCEPT FOR QUALIFICATIONS OR REQUIREMENTS OF THE HOME STATE.
 
                               ARTICLE III.
                    GENERAL PROVISIONS AND JURISDICTION
 
   (A) A LICENSE TO PRACTICE REGISTERED NURSING ISSUED BY A HOME STATE TO
 A RESIDENT IN THAT STATE WILL BE  RECOGNIZED  BY  EACH  PARTY  STATE  AS
 AUTHORIZING A MULTISTATE LICENSURE PRIVILEGE TO PRACTICE AS A REGISTERED

 A. 6778                             5
 
 NURSE   IN   SUCH   PARTY   STATE.   A   LICENSE  TO  PRACTICE  LICENSED
 PRACTICAL/VOCATIONAL NURSING ISSUED BY A HOME STATE  TO  A  RESIDENT  IN
 THAT  STATE  WILL  BE  RECOGNIZED  BY  EACH PARTY STATE AS AUTHORIZING A
 MULTISTATE    LICENSURE    PRIVILEGE   TO   PRACTICE   AS   A   LICENSED
 PRACTICAL/VOCATIONAL NURSE IN SUCH PARTY STATE. IN ORDER  TO  OBTAIN  OR
 RETAIN A LICENSE, AN APPLICANT MUST MEET THE HOME STATE'S QUALIFICATIONS
 FOR  LICENSURE AND LICENSE RENEWAL AS WELL AS ALL OTHER APPLICABLE STATE
 LAWS.
   (B) PARTY STATES MAY, IN ACCORDANCE WITH STATE DUE PROCESS LAWS, LIMIT
 OR REVOKE THE MULTISTATE LICENSURE PRIVILEGE OF ANY NURSE TO PRACTICE IN
 THEIR STATE AND MAY TAKE ANY OTHER ACTIONS UNDER THEIR APPLICABLE  STATE
 LAWS  NECESSARY TO PROTECT THE HEALTH AND SAFETY OF THEIR CITIZENS. IF A
 PARTY STATE TAKES SUCH ACTION, IT SHALL PROMPTLY NOTIFY THE  ADMINISTRA-
 TOR  OF THE COORDINATED LICENSURE INFORMATION SYSTEM.  THE ADMINISTRATOR
 OF THE COORDINATED LICENSURE INFORMATION SYSTEM  SHALL  PROMPTLY  NOTIFY
 THE HOME STATE OF ANY SUCH ACTIONS BY REMOTE STATES.
   (C) EVERY NURSE PRACTICING IN A PARTY STATE MUST COMPLY WITH THE STATE
 PRACTICE  LAWS  OF THE STATE IN WHICH THE PATIENT IS LOCATED AT THE TIME
 CARE IS RENDERED.  IN ADDITION, THE PRACTICE OF NURSING IS  NOT  LIMITED
 TO  PATIENT  CARE,  BUT SHALL INCLUDE ALL NURSING PRACTICE AS DEFINED BY
 THE STATE PRACTICE LAWS OF A PARTY STATE. THE PRACTICE OF  NURSING  WILL
 SUBJECT A NURSE TO THE JURISDICTION OF THE NURSE LICENSING BOARD AND THE
 COURTS, AS WELL AS THE LAWS, IN THAT PARTY STATE.
   (D)  THIS  COMPACT  DOES NOT AFFECT ADDITIONAL REQUIREMENTS IMPOSED BY
 STATES FOR ADVANCED PRACTICE REGISTERED NURSING. HOWEVER,  A  MULTISTATE
 LICENSURE  PRIVILEGE  TO  PRACTICE REGISTERED NURSING GRANTED BY A PARTY
 STATE SHALL BE RECOGNIZED BY OTHER PARTY STATES AS A LICENSE TO PRACTICE
 REGISTERED NURSING IF ONE IS REQUIRED BY STATE LAW AS A PRECONDITION FOR
 QUALIFYING FOR ADVANCED PRACTICE REGISTERED NURSE AUTHORIZATION.
   (E) INDIVIDUALS NOT RESIDING IN A PARTY STATE  SHALL  CONTINUE  TO  BE
 ABLE TO APPLY FOR NURSE LICENSURE AS PROVIDED FOR UNDER THE LAWS OF EACH
 PARTY  STATE. HOWEVER, THE LICENSE GRANTED TO THESE INDIVIDUALS WILL NOT
 BE RECOGNIZED AS GRANTING THE PRIVILEGE TO PRACTICE NURSING IN ANY OTHER
 PARTY STATE UNLESS EXPLICITLY AGREED TO BY THAT PARTY STATE.
 
                                ARTICLE IV.
                APPLICATIONS FOR LICENSURE IN A PARTY STATE
 
   (A) UPON APPLICATION FOR A LICENSE, THE LICENSING  BOARD  IN  A  PARTY
 STATE  SHALL  ASCERTAIN,  THROUGH  THE COORDINATED LICENSURE INFORMATION
 SYSTEM, WHETHER THE APPLICANT HAS EVER HELD, OR  IS  THE  HOLDER  OF,  A
 LICENSE ISSUED BY ANY OTHER STATE, WHETHER THERE ARE ANY RESTRICTIONS ON
 THE MULTISTATE LICENSURE PRIVILEGE, AND WHETHER ANY OTHER ADVERSE ACTION
 BY ANY STATE HAS BEEN TAKEN AGAINST THE LICENSE.
   (B)  A  NURSE  IN A PARTY STATE SHALL HOLD LICENSURE IN ONLY ONE PARTY
 STATE AT A TIME ISSUED BY THE HOME STATE.
   (C) A NURSE WHO INTENDS TO CHANGE PRIMARY STATE OF RESIDENCE MAY APPLY
 FOR LICENSURE IN THE NEW HOME STATE IN ADVANCE OF SUCH CHANGE.  HOWEVER,
 NEW  LICENSES  WILL  NOT  BE ISSUED BY A PARTY STATE UNTIL AFTER A NURSE
 PROVIDES EVIDENCE OF CHANGE IN PRIMARY STATE OF  RESIDENCE  SATISFACTORY
 TO THE NEW HOME STATE'S LICENSING BOARD.
   (D) WHEN A NURSE CHANGES PRIMARY STATE OF RESIDENCE BY:
   (1)  MOVING  BETWEEN  TWO PARTY STATES, AND OBTAINS A LICENSE FROM THE
 NEW HOME STATE, THE LICENSE FROM THE FORMER  HOME  STATE  IS  NO  LONGER
 VALID;

 A. 6778                             6
 
   (2)  MOVING  FROM  A  NON-PARTY  STATE TO A PARTY STATE, AND OBTAINS A
 LICENSE FROM THE NEW HOME STATE, THE INDIVIDUAL STATE LICENSE ISSUED  BY
 THE  NON-PARTY STATE IS NOT AFFECTED AND WILL REMAIN IN FULL FORCE IF SO
 PROVIDED BY THE LAWS OF THE NON-PARTY STATE;
   (3) MOVING FROM A PARTY STATE TO A NON-PARTY STATE, THE LICENSE ISSUED
 BY  THE  PRIOR HOME STATE CONVERTS TO AN INDIVIDUAL STATE LICENSE, VALID
 ONLY IN THE FORMER HOME STATE, WITHOUT THE MULTISTATE  LICENSURE  PRIVI-
 LEGE TO PRACTICE IN OTHER PARTY STATES.
 
                                ARTICLE V.
                              ADVERSE ACTIONS
 
   IN  ADDITION  TO  THE GENERAL PROVISIONS DESCRIBED IN ARTICLE III, THE
 FOLLOWING PROVISIONS APPLY:
   (A) THE LICENSING BOARD OF A REMOTE STATE SHALL PROMPTLY REPORT TO THE
 ADMINISTRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM ANY REMOTE
 STATE ACTIONS INCLUDING THE FACTUAL AND LEGAL BASIS FOR SUCH ACTION,  IF
 KNOWN.  THE LICENSING BOARD OF A REMOTE STATE SHALL ALSO PROMPTLY REPORT
 ANY SIGNIFICANT CURRENT INVESTIGATIVE INFORMATION YET  TO  RESULT  IN  A
 REMOTE  STATE  ACTION.  THE  ADMINISTRATOR  OF THE COORDINATED LICENSURE
 INFORMATION SYSTEM SHALL PROMPTLY NOTIFY THE  HOME  STATE  OF  ANY  SUCH
 REPORTS.
   (B)  THE  LICENSING BOARD OF A PARTY STATE SHALL HAVE THE AUTHORITY TO
 COMPLETE ANY PENDING INVESTIGATIONS FOR  A  NURSE  WHO  CHANGES  PRIMARY
 STATE  OF  RESIDENCE  DURING THE COURSE OF SUCH INVESTIGATIONS. IT SHALL
 ALSO HAVE THE AUTHORITY TO TAKE APPROPRIATE ACTION OR ACTIONS, AND SHALL
 PROMPTLY REPORT THE CONCLUSIONS OF SUCH INVESTIGATIONS TO  THE  ADMINIS-
 TRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM.  THE ADMINISTRA-
 TOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM SHALL PROMPTLY NOTI-
 FY THE NEW HOME STATE OF ANY SUCH ACTIONS.
   (C)  A  REMOTE  STATE MAY TAKE ADVERSE ACTION AFFECTING THE MULTISTATE
 LICENSURE PRIVILEGE TO PRACTICE WITHIN THAT PARTY STATE.  HOWEVER,  ONLY
 THE HOME STATE SHALL HAVE THE POWER TO IMPOSE ADVERSE ACTION AGAINST THE
 LICENSE ISSUED BY THE HOME STATE.
   (D)  FOR  PURPOSES  OF IMPOSING ADVERSE ACTION, THE LICENSING BOARD OF
 THE HOME STATE SHALL GIVE THE  SAME  PRIORITY  AND  EFFECT  TO  REPORTED
 CONDUCT  RECEIVED  FROM  A  REMOTE STATE AS IT WOULD IF SUCH CONDUCT HAD
 OCCURRED WITHIN THE HOME STATE. IN SO DOING,  IT  SHALL  APPLY  ITS  OWN
 STATE LAWS TO DETERMINE APPROPRIATE ACTION.
   (E)  THE HOME STATE MAY TAKE ADVERSE ACTION BASED ON THE FACTUAL FIND-
 INGS OF THE REMOTE STATE, SO LONG AS EACH STATE FOLLOWS ITS  OWN  PROCE-
 DURES FOR IMPOSING SUCH ADVERSE ACTION.
   (F)  NOTHING  IN  THIS COMPACT SHALL OVERRIDE A PARTY STATE'S DECISION
 THAT PARTICIPATION IN AN ALTERNATIVE PROGRAM MAY  BE  USED  IN  LIEU  OF
 LICENSURE  ACTION AND THAT SUCH PARTICIPATION SHALL REMAIN NON-PUBLIC IF
 REQUIRED BY THE PARTY STATE'S LAWS.   PARTY STATES MUST  REQUIRE  NURSES
 WHO ENTER ANY ALTERNATIVE PROGRAMS TO AGREE NOT TO PRACTICE IN ANY OTHER
 PARTY  STATE  DURING  THE  TERM OF THE ALTERNATIVE PROGRAM WITHOUT PRIOR
 AUTHORIZATION FROM SUCH OTHER PARTY STATE.
 
                                ARTICLE VI.
   ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE NURSE LICENSING BOARDS
 
   NOTWITHSTANDING ANY OTHER POWERS, PARTY STATE NURSE  LICENSING  BOARDS
 SHALL HAVE THE AUTHORITY TO:

 A. 6778                             7
 
   (A)  IF  OTHERWISE  PERMITTED  BY STATE LAW, RECOVER FROM THE AFFECTED
 NURSE THE COSTS OF INVESTIGATIONS AND  DISPOSITION  OF  CASES  RESULTING
 FROM ANY ADVERSE ACTION TAKEN AGAINST THAT NURSE;
   (B) ISSUE SUBPOENAS FOR BOTH HEARINGS AND INVESTIGATIONS WHICH REQUIRE
 THE  ATTENDANCE  AND  TESTIMONY  OF  WITNESSES,  AND  THE  PRODUCTION OF
 EVIDENCE.  SUBPOENAS ISSUED BY A NURSE LICENSING BOARD IN A PARTY  STATE
 FOR  THE ATTENDANCE AND TESTIMONY OF WITNESSES, AND/OR THE PRODUCTION OF
 EVIDENCE FROM ANOTHER PARTY STATE, SHALL BE ENFORCED IN THE LATTER STATE
 BY ANY COURT OF COMPETENT JURISDICTION, ACCORDING TO  THE  PRACTICE  AND
 PROCEDURE  OF  THAT  COURT APPLICABLE TO SUBPOENAS ISSUED IN PROCEEDINGS
 PENDING BEFORE IT. THE ISSUING AUTHORITY SHALL  PAY  ANY  WITNESS  FEES,
 TRAVEL EXPENSES, MILEAGE AND OTHER FEES REQUIRED BY THE SERVICE STATUTES
 OF THE STATE WHERE THE WITNESSES AND/OR EVIDENCE ARE LOCATED.
   (C) ISSUE CEASE AND DESIST ORDERS TO LIMIT OR REVOKE A NURSE'S AUTHOR-
 ITY TO PRACTICE IN THEIR STATE;
   (D)  PROMULGATE UNIFORM RULES AND REGULATIONS AS PROVIDED FOR IN ARTI-
 CLE VIII(C).
 
                               ARTICLE VII.
                 COORDINATED LICENSURE INFORMATION SYSTEM
 
   (A) ALL PARTY STATES SHALL PARTICIPATE  IN  A  COOPERATIVE  EFFORT  TO
 CREATE  A  COORDINATED  DATA  BASE OF ALL LICENSED REGISTERED NURSES AND
 LICENSED PRACTICAL/VOCATIONAL NURSES. THIS SYSTEM SHALL INCLUDE INFORMA-
 TION ON THE  LICENSURE  AND  DISCIPLINARY  HISTORY  OF  EACH  NURSE,  AS
 CONTRIBUTED  BY  PARTY  STATES,  TO  ASSIST IN THE COORDINATION OF NURSE
 LICENSURE AND ENFORCEMENT EFFORTS.
   (B) NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  ALL  PARTY  STATES'
 LICENSING  BOARDS SHALL PROMPTLY REPORT ADVERSE ACTIONS, ACTIONS AGAINST
 MULTISTATE LICENSURE PRIVILEGES, ANY CURRENT  SIGNIFICANT  INVESTIGATIVE
 INFORMATION  YET  TO  RESULT IN ADVERSE ACTION, DENIALS OF APPLICATIONS,
 AND THE REASONS FOR SUCH DENIALS, TO THE COORDINATED LICENSURE  INFORMA-
 TION SYSTEM.
   (C) CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION SHALL BE TRANSMITTED
 THROUGH THE COORDINATED LICENSURE INFORMATION SYSTEM ONLY TO PARTY STATE
 LICENSING BOARDS.
   (D)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW, ALL PARTY STATES'
 LICENSING BOARDS CONTRIBUTING INFORMATION TO THE  COORDINATED  LICENSURE
 INFORMATION SYSTEM MAY DESIGNATE INFORMATION THAT MAY NOT BE SHARED WITH
 NON-PARTY  STATES  OR DISCLOSED TO OTHER ENTITIES OR INDIVIDUALS WITHOUT
 THE EXPRESS PERMISSION OF THE CONTRIBUTING STATE.
   (E) ANY  PERSONALLY  IDENTIFIABLE  INFORMATION  OBTAINED  BY  A  PARTY
 STATE'S  LICENSING  BOARD  FROM  THE  COORDINATED  LICENSURE INFORMATION
 SYSTEM MAY NOT BE SHARED WITH NON-PARTY STATES  OR  DISCLOSED  TO  OTHER
 ENTITIES  OR  INDIVIDUALS  EXCEPT TO THE EXTENT PERMITTED BY THE LAWS OF
 THE PARTY STATE CONTRIBUTING THE INFORMATION.
   (F) ANY INFORMATION CONTRIBUTED TO THE COORDINATED LICENSURE  INFORMA-
 TION  SYSTEM THAT IS SUBSEQUENTLY REQUIRED TO BE EXPUNGED BY THE LAWS OF
 THE PARTY STATE CONTRIBUTING THAT INFORMATION, SHALL  ALSO  BE  EXPUNGED
 FROM THE COORDINATED LICENSURE INFORMATION SYSTEM.
   (G)  THE COMPACT ADMINISTRATORS, ACTING JOINTLY WITH EACH OTHER AND IN
 CONSULTATION WITH THE ADMINISTRATOR OF THE COORDINATED LICENSURE  INFOR-
 MATION  SYSTEM,  SHALL FORMULATE NECESSARY AND PROPER PROCEDURES FOR THE
 IDENTIFICATION,  COLLECTION  AND  EXCHANGE  OF  INFORMATION  UNDER  THIS
 COMPACT.

 A. 6778                             8
 
                               ARTICLE VIII.
           COMPACT ADMINISTRATION AND INTERCHANGE OF INFORMATION
 
   (A)  THE HEAD OF THE NURSE LICENSING BOARD, OR HIS OR HER DESIGNEE, OF
 EACH PARTY STATE SHALL BE THE ADMINISTRATOR OF THIS COMPACT FOR  HIS  OR
 HER STATE.
   (B) THE COMPACT ADMINISTRATOR OF EACH PARTY STATE SHALL FURNISH TO THE
 COMPACT  ADMINISTRATOR  OF  EACH  OTHER  PARTY STATE ANY INFORMATION AND
 DOCUMENTS INCLUDING, BUT NOT LIMITED TO, A UNIFORM DATA SET OF  INVESTI-
 GATIONS,  IDENTIFYING INFORMATION, LICENSURE DATA AND DISCLOSABLE ALTER-
 NATIVE PROGRAM PARTICIPATION  INFORMATION  TO  FACILITATE  THE  ADMINIS-
 TRATION OF THIS COMPACT.
   (C) COMPACT ADMINISTRATORS SHALL HAVE THE AUTHORITY TO DEVELOP UNIFORM
 RULES TO FACILITATE AND COORDINATE IMPLEMENTATION OF THIS COMPACT. THESE
 UNIFORM  RULES  SHALL  BE  ADOPTED  BY PARTY STATES, UNDER THE AUTHORITY
 INVESTED UNDER ARTICLE VI(D).
 
                                ARTICLE IX.
                                 IMMUNITY
 
   NO PARTY STATE OR THE OFFICERS OR  EMPLOYEES  OR  AGENTS  OF  A  PARTY
 STATE'S NURSE LICENSING BOARD WHO ACTS IN ACCORDANCE WITH THE PROVISIONS
 OF  THIS  COMPACT  SHALL  BE LIABLE ON ACCOUNT OF ANY ACT OR OMISSION IN
 GOOD FAITH WHILE ENGAGED IN THE PERFORMANCE OF THEIR DUTIES  UNDER  THIS
 COMPACT.  GOOD  FAITH  IN THIS ARTICLE SHALL NOT INCLUDE WILLFUL MISCON-
 DUCT, GROSS NEGLIGENCE OR RECKLESSNESS.
 
                                ARTICLE X.
                ENTRY INTO FORCE, WITHDRAWAL, AND AMENDMENT
 
   (A) THIS COMPACT SHALL ENTER INTO FORCE AND BECOME EFFECTIVE AS TO ANY
 STATE WHEN IT HAS BEEN ENACTED INTO THE LAWS OF THAT  STATE.  ANY  PARTY
 STATE MAY WITHDRAW FROM THIS COMPACT BY ENACTING A STATUTE REPEALING THE
 SAME,  BUT  NO  SUCH WITHDRAWAL SHALL TAKE EFFECT UNTIL SIX MONTHS AFTER
 THE WITHDRAWING STATE HAS GIVEN NOTICE OF THE WITHDRAWAL TO  THE  EXECU-
 TIVE HEADS OF ALL OTHER PARTY STATES.
   (B)  NO  WITHDRAWAL  SHALL AFFECT THE VALIDITY OR APPLICABILITY BY THE
 LICENSING BOARDS OF STATES REMAINING PARTY TO THE COMPACT OF ANY  REPORT
 OF ADVERSE ACTION OCCURRING PRIOR TO THE WITHDRAWAL.
   (C) NOTHING CONTAINED IN THIS COMPACT SHALL BE CONSTRUED TO INVALIDATE
 OR  PREVENT  ANY NURSE LICENSURE AGREEMENT OR OTHER COOPERATIVE ARRANGE-
 MENT BETWEEN A PARTY STATE AND A NON-PARTY STATE THAT IS MADE IN ACCORD-
 ANCE WITH THE OTHER PROVISIONS OF THIS COMPACT.
   (D) THIS COMPACT MAY BE AMENDED BY THE PARTY STATES. NO  AMENDMENT  TO
 THIS  COMPACT  SHALL  BECOME EFFECTIVE AND BINDING UPON THE PARTY STATES
 UNLESS AND UNTIL IT IS ENACTED INTO THE LAWS OF ALL PARTY STATES.
 
                                ARTICLE XI.
                       CONSTRUCTION AND SEVERABILITY
 
   1. (A) THIS COMPACT SHALL BE LIBERALLY CONSTRUED SO AS  TO  EFFECTUATE
 THE  PURPOSES THEREOF. THE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE
 AND IF ANY PHRASE, CLAUSE, SENTENCE OR  PROVISION  OF  THIS  COMPACT  IS
 DECLARED TO BE CONTRARY TO THE CONSTITUTION OF ANY PARTY STATE OR OF THE
 UNITED  STATES  OR  THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY,
 PERSON OR CIRCUMSTANCE IS HELD INVALID, THE VALIDITY OF THE REMAINDER OF

 A. 6778                             9
 
 THIS COMPACT AND THE APPLICABILITY THEREOF TO  ANY  GOVERNMENT,  AGENCY,
 PERSON  OR  CIRCUMSTANCE  SHALL NOT BE AFFECTED THEREBY. IF THIS COMPACT
 SHALL BE HELD CONTRARY TO THE CONSTITUTION OF ANY STATE  PARTY  THERETO,
 THE  COMPACT  SHALL  REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING
 PARTY STATES AND IN FULL FORCE AND EFFECT AS TO THE PARTY STATE AFFECTED
 AS TO ALL SEVERABLE MATTERS.
   (B) IN THE EVENT PARTY STATES FIND A NEED FOR SETTLING DISPUTES  ARIS-
 ING UNDER THIS COMPACT:
   (1)  THE  PARTY  STATES  MAY  SUBMIT THE ISSUES IN DISPUTE TO AN ARBI-
 TRATION PANEL WHICH WILL BE COMPRISED OF AN INDIVIDUAL APPOINTED BY  THE
 COMPACT  ADMINISTRATOR IN THE HOME STATE; AN INDIVIDUAL APPOINTED BY THE
 COMPACT ADMINISTRATOR IN THE REMOTE STATE OR  STATES  INVOLVED;  AND  AN
 INDIVIDUAL MUTUALLY AGREED UPON BY THE COMPACT ADMINISTRATORS OF ALL THE
 PARTY STATES INVOLVED IN THE DISPUTE.
   (2)  THE  DECISION OF A MAJORITY OF THE ARBITRATORS SHALL BE FINAL AND
 BINDING.
   2. FOR THE PURPOSES OF THE COMPACT SET FORTH  IN  SUBDIVISION  ONE  OF
 THIS  SECTION  THE  "HEAD  OF  THE NURSE LICENSING BOARD" FOR THIS STATE
 SHALL BE THE SECRETARY TO THE STATE BOARD FOR NURSING.
   3. TO FACILITATE CROSS-STATE ENFORCEMENT  EFFORTS,  THIS  STATE  SHALL
 HAVE  THE POWER TO RECOVER FROM THE AFFECTED NURSE THE COSTS OF INVESTI-
 GATIONS AND DISPOSITION OF CASES RESULTING FROM ADVERSE ACTIONS TAKEN BY
 THIS STATE AGAINST THAT NURSE.
   4. THIS COMPACT IS DESIGNED TO FACILITATE THE REGULATION OF NURSES AND
 DOES NOT RELIEVE EMPLOYERS FROM COMPLYING WITH  OBLIGATIONS  IMPOSED  BY
 LAW OR REGULATION.
   5. THIS COMPACT DOES NOT SUPERSEDE EXISTING LABOR LAWS.
   6. TO FACILITATE WORKFORCE PLANNING, THE COMMISSIONER IS AUTHORIZED TO
 COLLECT EMPLOYMENT DATA ON NURSES PRACTICING ON THE MULTISTATE PRIVILEGE
 IN THE NURSE LICENSURE COMPACT PROVIDED THAT THE SUBMISSION OF THIS DATA
 IS NOT A REQUIREMENT FOR PRACTICE UNDER THE MULTISTATE PRIVILEGE.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that  effective  immediately,  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 and directed to be made and completed on or before such effective date.
 
                                  PART D

   Section  1.  The general business law is amended by adding a new arti-
 cle 2-A to read as follows:
                                ARTICLE 2-A
                         ADMISSION TO A PROFESSION
 SECTION 20. ADMISSION  TO  A  PROFESSION;  LICENSING,  CERTIFICATION  OR
               REGISTRATION.
   § 20. ADMISSION TO A PROFESSION; LICENSING, CERTIFICATION OR REGISTRA-
 TION.  ADMISSION TO PRACTICE OF A PROFESSION GOVERNED BY THIS CHAPTER IN
 THIS  STATE IS ACCOMPLISHED, WHERE REQUIRED, BY A LICENSE, CERTIFICATION
 OR CERTIFICATE OF REGISTRATION BEING ISSUED TO A QUALIFIED APPLICANT  BY
 THE  SECRETARY  OF  STATE.  TO  QUALIFY  FOR A LICENSE, CERTIFICATION OR
 CERTIFICATE OF REGISTRATION AN APPLICANT  SHALL  MEET  THE  REQUIREMENTS
 PRESCRIBED  IN  THE ARTICLE FOR THE PARTICULAR PROFESSION AND SHALL MEET
 THE REQUIREMENTS PRESCRIBED IN SECTION 3-503 OF THE GENERAL  OBLIGATIONS
 LAW;  PROVIDED  THAT,  NOTWITHSTANDING  ANY  PROVISION OF THE LAW TO THE
 CONTRARY, ANY APPLICANT WHO IS THE SPOUSE OF A MEMBER OF THE ARMED FORC-
 ES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES MAY SUBMIT SATISFAC-

 A. 6778                            10
 
 TORY EVIDENCE OF LICENSURE, CERTIFICATION OR REGISTRATION TO PRACTICE AN
 EQUIVALENT OCCUPATION ISSUED BY ANY OTHER STATE, TERRITORY, PROTECTORATE
 OR DEPENDENCY OF THE UNITED STATES IN LIEU OF THE  SUBMISSIONS  REQUIRED
 BY  THE  ARTICLE OF THIS CHAPTER FOR THE PARTICULAR PROFESSION, PROVIDED
 THAT SUCH LICENSE, CERTIFICATION  OR  CERTIFICATE  OF  REGISTRATION  WAS
 GRANTED  IN COMPLIANCE WITH STANDARDS WHICH WERE, IN THE JUDGMENT OF THE
 SECRETARY, NOT LOWER THAN THOSE OF THIS STATE.
   § 2. Subsection (d) of section 2136 of the insurance law, as added  by
 chapter 687 of the laws of 2003, is amended to read as follows:
   (d)  (1)  the  applicant's  home  state  awards  nonresident insurance
 producer licenses to residents of  this  state  on  the  same  basis  as
 provided in this subsection; OR
   (2) THE APPLICANT IS THE SPOUSE OF A MEMBER OF THE ARMED FORCES OF THE
 UNITED STATES, NATIONAL GUARD OR RESERVES.
   § 3. Section 442-g of the real property law is amended by adding a new
 subdivision 1-a to read as follows:
   1-A.  NO  NONRESIDENT  APPLICANT  WHO IS THE SPOUSE OF A MEMBER OF THE
 ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD, OR RESERVES REGULARLY
 ENGAGED IN THE REAL ESTATE BUSINESS AS A VOCATION, WHO MAINTAINS A DEFI-
 NITE PLACE OF BUSINESS AND IS LICENSED BY ANY  OTHER  STATE,  TERRITORY,
 PROTECTORATE  OR  DEPENDENCY  OF THE UNITED STATES, SHALL BE REQUIRED TO
 MAINTAIN A PLACE OF BUSINESS WITHIN THIS  STATE.  THE  COMMISSION  SHALL
 RECOGNIZE THE LICENSE ISSUED BY ANOTHER STATE TO AN APPLICANT WHO IS THE
 SPOUSE  OF  A  MEMBER OF THE ARMED FORCES OF THE UNITED STATES, NATIONAL
 GUARD, OR RESERVES AS QUALIFICATION FOR A LICENSE IN NEW YORK,  PROVIDED
 THAT  SUCH  LICENSE WAS GRANTED IN COMPLIANCE WITH STANDARDS WHICH WERE,
 IN THE JUDGMENT OF THE SECRETARY, NOT LOWER THAN THOSE OF THIS STATE.
   § 4. Section 444-e of the real property law is amended by adding a new
 subdivision 2-a to read as follows:
   2-A. ANY APPLICANT FOR A LICENSE WHO IS A SPOUSE OF A  MEMBER  OF  THE
 ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES MAY SUBMIT
 SATISFACTORY  EVIDENCE OF LICENSURE TO PRACTICE AN EQUIVALENT OCCUPATION
 ISSUED BY ANY OTHER STATE, TERRITORY, PROTECTORATE OR DEPENDENCY OF  THE
 UNITED STATES IN LIEU OF THE EVIDENCE OF EDUCATION, EXPERIENCE AND EXAM-
 INATION  REQUIRED BY SUBDIVISION ONE OF THIS SECTION, PROVIDED THAT SUCH
 LICENSE WAS GRANTED IN COMPLIANCE WITH  STANDARDS  WHICH  WERE,  IN  THE
 JUDGMENT OF THE SECRETARY, NOT LOWER THAN THOSE OF THIS STATE.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that  effective  immediately,  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 and directed to be made and completed on or before such effective date.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately; provided,  however,  that
 the  applicable effective date of Parts A through D of this act shall be
 as specifically set forth in the last section of such Parts.