Bill Text: NY S00981 | 2013-2014 | 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 (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO HIGHER EDUCATION [S00981 Detail]

Download: New_York-2013-S00981-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          981
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
         printed to be committed 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;
   21    S 3. Subdivision 6 of section 6524 of the education law, as amended by
   22  chapter 379 of the laws of 2008, 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;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03685-01-3
       S. 981                              2
    1  provided, however that the board of regents may grant a three year waiv-
    2  er  for  an alien physician to practice in an area which has been desig-
    3  nated by the department as medically underserved, except that the  board
    4  of  regents may grant an additional extension not to exceed six years to
    5  an alien physician to enable him or her to secure citizenship or  perma-
    6  nent  resident  status,  provided such status is being actively pursued;
    7  and provided further that the board of regents may grant  an  additional
    8  three  year waiver, and at its expiration, an extension for a period not
    9  to exceed six additional years, for the holder of an H-1b visa,  an  O-1
   10  visa,  or  an equivalent or successor visa thereto]: MEET NO REQUIREMENT
   11  AS TO UNITED STATES CITIZENSHIP;
   12    S 4. Subdivision 6 of section 6554 of the education law, as amended by
   13  chapter 133 of the laws of 1982, is amended to read as follows:
   14    (6) Citizenship [or immigration status: be a United States citizen  or
   15  an  alien  lawfully  admitted  for  permanent  residence  in  the United
   16  States]: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
   17    S 5. Subdivision 6 of section 6604 of the education law, as amended by
   18  chapter 403 of the laws of 2002, is amended to read as follows:
   19    (6) Citizenship [or immigration status: be a United States citizen  or
   20  an alien lawfully admitted for permanent residence in the United States;
   21  provided,  however,  that  the  board  of regents may grant a three year
   22  waiver for an alien to practice in an area which has been  designated  a
   23  federal  dental  health professions shortage area, except that the board
   24  of regents may grant an additional extension not to exceed six years  to
   25  an  alien  to enable him or her to secure citizenship or permanent resi-
   26  dent status, provided such status is being actively  pursued]:  MEET  NO
   27  REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
   28    S 6. Subdivision 6 of section 6609 of the education law, as amended by
   29  chapter 403 of the laws of 2002, is amended to read as follows:
   30    (6)  Citizenship [or immigration status: be a United States citizen or
   31  an alien lawfully admitted for permanent residence in the United States;
   32  provided, however, that the board of regents  may  grant  a  three  year
   33  waiver  for  an alien to practice in an area which has been designated a
   34  federal dental health professions shortage area, except that  the  board
   35  of  regents may grant an additional extension not to exceed six years to
   36  an alien to enable him or her to secure citizenship or  permanent  resi-
   37  dent  status,  provided  such status is being actively pursued]: MEET NO
   38  REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
   39    S 7. Subdivision 6 of section 6704 of the education law, as amended by
   40  chapter 201 of the laws of 2007, is amended to read as follows:
   41    (6) Citizenship [or immigration status: be a United States citizen  or
   42  an alien lawfully admitted for permanent residence in the United States;
   43  provided,  however that the board of regents may grant a one-time three-
   44  year waiver for a veterinarian who otherwise meets the  requirements  of
   45  this  article and who has accepted an offer to practice veterinary medi-
   46  cine in a county in the state which  the  department  has  certified  as
   47  having  a shortage of qualified applicants to fill existing vacancies in
   48  veterinary medicine, and provided further that the board of regents  may
   49  grant an extension of such three-year waiver of not more than one year]:
   50  MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
   51    S 8. Subdivision 6 of section 6711 of the education law, as amended by
   52  chapter 80 of the laws of 2000, is amended to read as follows:
   53    6.  Citizenship  [or immigration status: be a United States citizen or
   54  an alien lawfully admitted for permanent residence in the United States;
   55  provided, however that the board of regents may grant a one-time  three-
   56  year  waiver  for  an  animal  health technician who otherwise meets the
       S. 981                              3
    1  requirements of this article and provided  further  that  the  board  of
    2  regents  may  grant  an  extension of such three-year waiver of not more
    3  than one year]: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
    4    S  9.    Paragraph 6 of subdivision 1 of section 6805 of the education
    5  law, as amended by chapter 133 of the laws of 1982, is amended  to  read
    6  as follows:
    7    (6)  Citizenship [or immigration status: be a United States citizen or
    8  an alien  lawfully  admitted  for  permanent  residence  in  the  United
    9  States]: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
   10    S  10. Subdivision 6 of section 6955 of the education law, as added by
   11  chapter 327 of the laws of 1992, is amended to read as follows:
   12    6. Citizenship [or immigration status: be a United States  citizen  or
   13  an  alien  lawfully  admitted  for  permanent  residence  in  the United
   14  States]: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP.
   15    S 11. Paragraph 6 of subdivision 1 of section 7206  of  the  education
   16  law,  as  amended by chapter 133 of the laws of 1982, is amended to read
   17  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 12. Paragraph 6 of subdivision 1 of section 7206-a of the  education
   22  law,  as  amended by chapter 133 of the laws of 1982, is amended to read
   23  as follows:
   24    (6) Citizenship [or immigration status: be a United States citizen  or
   25  an  alien  lawfully  admitted  for  permanent  residence  in  the United
   26  States]: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
   27    S 13. Paragraph 6 of subdivision 1 of section 7324  of  the  education
   28  law,  as  amended by chapter 133 of the laws of 1982, is amended to read
   29  as follows:
   30    (6) Citizenship [or immigration status: be a United States citizen  or
   31  an  alien  lawfully  admitted  for  permanent  residence  in  the United
   32  States]: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
   33    S 14. Paragraph 6 of subdivision 1 of section 7504  of  the  education
   34  law,  as  amended by chapter 133 of the laws of 1982, is amended to read
   35  as follows:
   36    (6) Citizenship [or immigration status: be a United States citizen  or
   37  an  alien  lawfully  admitted  for  permanent  residence  in  the United
   38  States]: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
   39    S 15. Subdivision 5 of section 7804 of the education law,  as  amended
   40  by chapter 230 of the laws of 1997, is amended to read as follows:
   41    (5)  Citizenship [or immigration status: be a United States citizen or
   42  an alien  lawfully  admitted  for  permanent  residence  in  the  United
   43  States]: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
   44    S 16. This act shall take effect immediately.
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