Bill Text: NY A00183 | 2009-2010 | General Assembly | Introduced


Bill Title: Eliminates the licensure requirement of citizenship or permanent residence where such requirement presently exists in the professions of certified shorthand reporting, chiropractic, dental hygiene and dentistry, landscape architecture, land surveying, massage, medicine, midwifery, pharmacy, professional engineering, veterinary medicine and veterinary technology.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Introduced - Dead) 2011-01-05 - referred to higher education [A00183 Detail]

Download: New_York-2009-A00183-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          183
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced by M. of A. CAHILL, GOTTFRIED, JACOBS, V. LOPEZ, COOK, ROSEN-
         THAL,  PERRY,  SCHROEDER,  DINOWITZ,  P. RIVERA,  O'DONNELL,  HOYT  --
         Multi-Sponsored  by  --  M.  of  A.  COLTON,  GALEF,  GLICK,  McENENY,
         PEOPLES-STOKES,  WEISENBERG -- read once and referred to the Committee
         on Higher Education
       AN ACT to amend the education law, in relation to the abolition of citi-
         zenship requirements for licensure in certain professions
         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    S  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 qual-
    6  ify for a license an applicant shall meet the requirements prescribed in
    7  the  article  for  the particular profession and shall meet the require-
    8  ments prescribed in section 3-503 of the general obligations law.
    9    2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO OTHERWISE  QUALIFIED
   10  APPLICANT  SHALL  BE  DENIED  A  LICENSE, CERTIFICATE, LIMITED PERMIT OR
   11  REGISTRATION PURSUANT TO THIS TITLE BY REASON OF  HIS  OR  HER  LACK  OF
   12  CITIZENSHIP  OR  IMMIGRATION STATUS, UNLESS SUCH APPLICANT IS INELIGIBLE
   13  FOR A PROFESSIONAL LICENSE UNDER FEDERAL LAW OR IS UNLAWFULLY PRESENT IN
   14  THE UNITED STATES.
   15    S 2. Paragraph (f) of subdivision 6 of section 6506 of  the  education
   16  law,  as  amended by chapter 133 of the laws of 1982, is amended to read
   17  as follows:
   18    (f) Citizenship [or immigration status: be a United States citizen  or
   19  an  alien  lawfully  admitted  for  permanent  residence  in  the United
   20  States]: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01156-01-1
       A. 183                              2
    1    S 3. Subdivision 6 of section 6524 of the education law, as amended by
    2  chapter 379 of the laws of 2008, is amended to read as follows:
    3    (6)  Citizenship [or immigration status: be a United States citizen or
    4  an alien lawfully admitted for permanent residence in the United States;
    5  provided, however that the board of regents may grant a three year waiv-
    6  er for an alien physician to practice in an area which has  been  desig-
    7  nated  by the department as medically underserved, except that the board
    8  of regents may grant an additional extension not to exceed six years  to
    9  an  alien physician to enable him or her to secure citizenship or perma-
   10  nent resident status, provided such status is  being  actively  pursued;
   11  and  provided  further that the board of regents may grant an additional
   12  three year waiver, and at its expiration, an extension for a period  not
   13  to  exceed  six additional years, for the holder of an H-1b visa, an O-1
   14  visa, or an equivalent or successor visa thereto]: MEET  NO  REQUIREMENT
   15  AS TO UNITED STATES CITIZENSHIP;
   16    S 4. Subdivision 6 of section 6554 of the education law, as amended by
   17  chapter 133 of the laws of 1982, is amended to read as follows:
   18    (6)  Citizenship [or immigration status: be a United States citizen or
   19  an alien  lawfully  admitted  for  permanent  residence  in  the  United
   20  States]: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
   21    S 5. Subdivision 6 of section 6604 of the education law, as amended by
   22  chapter 403 of the laws of 2002, is amended to read as follows:
   23    (6)  Citizenship [or immigration status: be a United States citizen or
   24  an alien lawfully admitted for permanent residence in the United States;
   25  provided, however, that the board of regents  may  grant  a  three  year
   26  waiver  for  an alien to practice in an area which has been designated a
   27  federal dental health professions shortage area, except that  the  board
   28  of  regents may grant an additional extension not to exceed six years to
   29  an alien to enable him or her to secure citizenship or  permanent  resi-
   30  dent  status,  provided  such status is being actively pursued]: MEET NO
   31  REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
   32    S 6. Subdivision 6 of section 6609 of the education law, as amended by
   33  chapter 403 of the laws of 2002, is amended to read as follows:
   34    (6) Citizenship [or immigration status: be a United States citizen  or
   35  an alien lawfully admitted for permanent residence in the United States;
   36  provided,  however,  that  the  board  of regents may grant a three year
   37  waiver for an alien to practice in an area which has been  designated  a
   38  federal  dental  health professions shortage area, except that the board
   39  of regents may grant an additional extension not to exceed six years  to
   40  an  alien  to enable him or her to secure citizenship or permanent resi-
   41  dent status, provided such status is being actively  pursued]:  MEET  NO
   42  REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
   43    S 7. Subdivision 6 of section 6704 of the education law, as amended by
   44  chapter 201 of the laws of 2007, is amended to read as follows:
   45    (6)  Citizenship [or immigration status: be a United States citizen or
   46  an alien lawfully admitted for permanent residence in the United States;
   47  provided, however that the board of regents may grant a one-time  three-
   48  year  waiver  for a veterinarian who otherwise meets the requirements of
   49  this article and who has accepted an offer to practice veterinary  medi-
   50  cine  in  a  county  in  the state which the department has certified as
   51  having a shortage of qualified applicants to fill existing vacancies  in
   52  veterinary  medicine, and provided further that the board of regents may
   53  grant an extension of such three-year waiver of not more than one year]:
   54  MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
   55    S 8. Subdivision 6 of section 6711 of the education law, as amended by
   56  chapter 80 of the laws of 2000, is amended to read as follows:
       A. 183                              3
    1    6. Citizenship [or immigration status: be a United States  citizen  or
    2  an alien lawfully admitted for permanent residence in the United States;
    3  provided,  however that the board of regents may grant a one-time three-
    4  year waiver for an animal health  technician  who  otherwise  meets  the
    5  requirements  of  this  article  and  provided further that the board of
    6  regents may grant an extension of such three-year  waiver  of  not  more
    7  than one year]: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
    8    S  9.    Paragraph 6 of subdivision 1 of section 6805 of the education
    9  law, as amended by chapter 133 of the laws of 1982, is amended  to  read
   10  as follows:
   11    (6)  Citizenship [or immigration status: be a United States citizen or
   12  an alien  lawfully  admitted  for  permanent  residence  in  the  United
   13  States]: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
   14    S  10. Subdivision 6 of section 6955 of the education law, as added by
   15  chapter 327 of the laws of 1992, is amended to read as follows:
   16    6. Citizenship [or immigration status: be a United States  citizen  or
   17  an  alien  lawfully  admitted  for  permanent  residence  in  the United
   18  States]: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP.
   19    S 11. Paragraph 6 of subdivision 1 of section 7206  of  the  education
   20  law,  as  amended by chapter 133 of the laws of 1982, is amended to read
   21  as follows:
   22    (6) Citizenship [or immigration status: be a United States citizen  or
   23  an  alien  lawfully  admitted  for  permanent  residence  in  the United
   24  States]: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
   25    S 12. Paragraph 6 of subdivision 1 of section 7206-a of the  education
   26  law,  as  amended by chapter 133 of the laws of 1982, is amended to read
   27  as follows:
   28    (6) Citizenship [or immigration status: be a United States citizen  or
   29  an  alien  lawfully  admitted  for  permanent  residence  in  the United
   30  States]: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
   31    S 13. Paragraph 6 of subdivision 1 of section 7324  of  the  education
   32  law,  as  amended by chapter 133 of the laws of 1982, is amended to read
   33  as follows:
   34    (6) Citizenship [or immigration status: be a United States citizen  or
   35  an  alien  lawfully  admitted  for  permanent  residence  in  the United
   36  States]: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
   37    S 14. Paragraph 6 of subdivision 1 of section 7504  of  the  education
   38  law,  as  amended by chapter 133 of the laws of 1982, is amended to read
   39  as follows:
   40    (6) Citizenship [or immigration status: be a United States citizen  or
   41  an  alien  lawfully  admitted  for  permanent  residence  in  the United
   42  States]: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
   43    S 15. Subdivision 5 of section 7804 of the education law,  as  amended
   44  by chapter 230 of the laws of 1997, is amended to read as follows:
   45    (5)  Citizenship [or immigration status: be a United States citizen or
   46  an alien  lawfully  admitted  for  permanent  residence  in  the  United
   47  States]: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
   48    S 16. This act shall take effect immediately.
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