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.