STATE OF NEW YORK
________________________________________________________________________
6042
2019-2020 Regular Sessions
IN ASSEMBLY
February 26, 2019
___________
Introduced by M. of A. ORTIZ, HYNDMAN, O'DONNELL, JAFFEE, COLTON, GOTT-
FRIED, SOLAGES, LAVINE, JEAN-PIERRE, BARRON, WEPRIN, MOSLEY,
SEAWRIGHT, BLAKE, ARROYO, DAVILA, BICHOTTE -- Multi-Sponsored by -- M.
of A. SIMON -- read once and referred to the Committee on Higher
Education
AN ACT to amend the education law, in relation to removing citizenship
and immigration status requirements for applicants for licensure for
certain professions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 6501-a
2 to read as follows:
3 § 6501-a. Citizenship status; identification. 1. a. Except as provided
4 in paragraph (f) of subdivision six of section sixty-five hundred six of
5 this article, the department shall not deny licensure to an applicant to
6 practice any profession set forth in this title on the basis of such
7 applicant's citizenship status or immigration status.
8 b. The department is authorized to promulgate rules and regulations
9 necessary to implement the provisions of this subdivision.
10 2. Any application required by this title to be filed with the depart-
11 ment by an individual applicant shall include either the individual
12 taxpayer identification number or the social security number of the
13 applicant.
14 § 2. Subdivision 6 of section 6524 of the education law, as amended by
15 chapter 379 of the laws of 2008, 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 States;
18 provided, however that the board of regents may grant a three year waiv-
19 er for an alien physician to practice in an area which has been desig-
20 nated by the department as medically underserved, except that the board
21 of regents may grant an additional extension not to exceed six years to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08176-01-9
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1 an alien physician to enable him or her to secure citizenship or perma-
2 nent resident status, provided such status is being actively pursued;
3 and provided further that the board of regents may grant an additional
4 three year waiver, and at its expiration, an extension for a period not
5 to exceed six additional years, for the holder of an H-1b visa, an O-1
6 visa, or an equivalent or successor visa thereto] meet no requirement as
7 to United States citizenship or immigration status;
8 § 3. Paragraph 1 of subdivision 1 of section 6525 of the education
9 law, as amended by chapter 133 of the laws of 1982, is amended to read
10 as follows:
11 (1) A person who fulfills all requirements for a license as a physi-
12 cian except those relating to the examination [and citizenship or perma-
13 nent residence in the United States];
14 § 4. Subdivision 6 of section 6554 of the education law, as amended by
15 chapter 133 of the laws of 1982, 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 States]
18 meet no requirement as to United States citizenship or immigration
19 status;
20 § 5. Subdivision 6 of section 6604 of the education law, as amended by
21 chapter 403 of the laws of 2002, is amended to read 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 States;
24 provided, however, that the board of regents may grant a three year
25 waiver for an alien to practice in an area which has been designated a
26 federal dental health professions shortage area, except that the board
27 of regents may grant an additional extension not to exceed six years to
28 an alien to enable him or her to secure citizenship or permanent resi-
29 dent status, provided such status is being actively pursued] meet no
30 requirement as to United States citizenship or immigration status;
31 § 6. Subdivision 7 of section 6604-b of the education law, as added by
32 chapter 537 of the laws of 2008, is amended to read as follows:
33 7. [In order to be eligible for a restricted dental faculty license an
34 applicant must be a United States citizen or an alien lawfully admitted
35 for permanent residence in the United States; provided, however, that
36 the department may grant a three year waiver for an alien who otherwise
37 meets all other requirements for a restricted dental faculty license
38 except that the department may grant an additional extension not to
39 exceed six years to an alien to enable him or her to secure citizenship
40 or permanent resident status, provided such status is being actively
41 pursued.] No current faculty member shall be displaced by the holder of
42 a restricted dental faculty license.
43 § 7. Subdivision 6 of section 6609 of the education law, as amended by
44 chapter 403 of the laws of 2002, 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 three year
48 waiver for an alien to practice in an area which has been designated a
49 federal dental health professions shortage area, except that the board
50 of regents may grant an additional extension not to exceed six years to
51 an alien to enable him or her to secure citizenship or permanent resi-
52 dent status, provided such status is being actively pursued] meet no
53 requirement as to United States citizenship or immigration status;
54 § 8. Subdivision 6 of section 6704 of the education law, as amended by
55 chapter 201 of the laws of 2007, is amended to read as follows:
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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 a veterinarian who otherwise meets the requirements of
5 this article and who has accepted an offer to practice veterinary medi-
6 cine in a county in the state which the department has certified as
7 having a shortage of qualified applicants to fill existing vacancies in
8 veterinary medicine, and provided further that the board of regents may
9 grant an extension of such three-year waiver of not more than one year]
10 meet no requirement as to United States citizenship or immigration
11 status;
12 § 9. Paragraph 1 of subdivision 1 of section 6707 of the education
13 law, as amended by chapter 133 of the laws of 1982, is amended to read
14 as follows:
15 (1) A person who fulfills all requirements for a license as a veteri-
16 narian except those relating to the examination [and citizenship or
17 permanent residence in the United States];
18 § 10. Subdivision 6 of section 6711 of the education law, as amended
19 by chapter 80 of the laws of 2000, is amended to read as follows:
20 6. Citizenship or immigration status: [be a United States citizen or
21 an alien lawfully admitted for permanent residence in the United States;
22 provided, however that the board of regents may grant a one-time three-
23 year waiver for an animal health technician who otherwise meets the
24 requirements of this article and provided further that the board of
25 regents may grant an extension of such three-year waiver of not more
26 than one year] meet no requirement as to United States citizenship or
27 immigration status;
28 § 11. Paragraph 1 of subdivision 1 of section 6711-a of the education
29 law, as amended by chapter 333 of the laws of 1990, is amended to read
30 as follows:
31 1. Eligibility. Persons shall be eligible for a limited permit who
32 fulfill all requirements for a license as a veterinary technician except
33 those relating to the examination [and citizenship or permanent resi-
34 dence in the United States].
35 § 12. Paragraph 6 of subdivision 1 of section 6805 of the education
36 law, as amended by chapter 133 of the laws of 1982, is amended to read
37 as follows:
38 (6) Citizenship or immigration status: [be a United States citizen or
39 an alien lawfully admitted for permanent residence in the United States]
40 meet no requirement as to United States citizenship or immigration
41 status;
42 § 13. Subdivision 6 of section 6905 of the education law, as amended
43 by chapter 994 of the laws of 1971 and such section as renumbered by
44 chapter 50 of the laws of 1972, is amended to read as follows:
45 (6) Citizenship or immigration status: meet no requirement as to
46 United States citizenship or immigration status;
47 § 14. Subdivision 6 of section 6906 of the education law, as amended
48 by chapter 330 of the laws of 1981, is amended to read as follows:
49 (6) Citizenship or immigration status: meet no requirements as to
50 United States citizenship or immigration status;
51 § 15. Subdivision 6 of section 6955 of the education law, as added by
52 chapter 327 of the laws of 1992, 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 meet no requirement as to United States citizenship or immigration
56 status.
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1 § 16. Subdivision 6 of section 7004 of the education law, as added by
2 chapter 987 of the laws of 1971, is amended to read as follows:
3 (6) Citizenship or immigration status: meet no requirements as to
4 United States citizenship or immigration status;
5 § 17. Subdivision 6 of section 7104 of the education law, as added by
6 chapter 987 of the laws of 1971, is amended to read as follows:
7 (6) Citizenship or immigration status: meet no requirement as to
8 United States citizenship or immigration status;
9 § 18. Paragraph 6 of subdivision a of section 7124 of the education
10 law, as amended by chapter 475 of the laws of 1973, is amended to read
11 as follows:
12 (6) Citizenship or immigration status: meet no requirement as to
13 United States citizenship or immigration status;
14 § 19. Paragraph 6 of subdivision 1 of section 7206 of the education
15 law, as amended by chapter 133 of the laws of 1982, is amended to read
16 as follows:
17 (6) Citizenship or immigration status: [be a United States citizen or
18 an alien lawfully admitted for permanent residence in the United States]
19 meet no requirement as to United States citizenship or immigration
20 status;
21 § 20. 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 States]
26 meet no requirement as to United States citizenship or immigration
27 status;
28 § 21. Paragraph 6 of subdivision 1 of section 7304 of the education
29 law, as added by chapter 987 of the laws of 1971, is amended to read as
30 follows:
31 (6) Citizenship or immigration status: meet no requirement as to
32 United States citizenship or immigration status;
33 § 22. Paragraph 6 of subdivision 1 of section 7324 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 States]
38 meet no requirement as to United States citizenship or immigration
39 status;
40 § 23. Paragraph 6 of subdivision 1 of section 7404 of the education
41 law, as added by chapter 987 of the laws of 1971, is amended to read as
42 follows:
43 (6) Citizenship or immigration status: meet no requirements as to
44 United States citizenship or immigration status;
45 § 24. Paragraph 6 of subdivision 1 of section 7504 of the education
46 law, as amended by chapter 133 of the laws of 1982, is amended to read
47 as follows:
48 (6) Citizenship or immigration status: [be a United States citizen or
49 an alien lawfully admitted for permanent residence in the United States]
50 meet no requirement as to United States citizenship or immigration
51 status;
52 § 25. Subdivision 6 of section 7603 of the education law, as added by
53 chapter 987 of the laws of 1971, is amended to read as follows:
54 (6) Citizenship or immigration status: meet no requirement as to
55 United States citizenship or immigration status;
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1 § 26. Subdivision 5 of section 7804 of the education law, as amended
2 by chapter 230 of the laws of 1997, is amended to read as follows:
3 (5) Citizenship or immigration status: [be a United States citizen or
4 an alien lawfully admitted for permanent residence in the United States]
5 meet no requirement as to United States citizenship or immigration
6 status;
7 § 27. Subdivision 1 of section 7806 of the education law, as amended
8 by chapter 230 of the laws of 1997, is amended to read as follows:
9 1. The department may issue a limited permit to practice massage ther-
10 apy as a licensed massage therapist, masseur or masseuse to a person who
11 has not previously held such a permit and who fulfills all except the
12 examination [and citizenship] requirements for a license, provided
13 however that a permit shall not be issued to a person who has failed the
14 state licensing examination.
15 § 28. Subdivision 6 of section 7904 of the education law, as amended
16 by chapter 460 of the laws of 2011, is amended to read as follows:
17 (6) Meet no requirements as to United States citizenship or immi-
18 gration status.
19 § 29. Paragraph (f) of subdivision 1 of section 8305 of the education
20 law, as added by chapter 905 of the laws of 1990, is amended to read as
21 follows:
22 (f) Citizenship or immigration status: meet no requirements as to
23 United States citizenship or immigration status;
24 § 30. This act shall take effect on the sixtieth day after it shall
25 have become a law; provided, however that the amendments to subdivision
26 7 of section 6604-b of the education law made by section six of this act
27 shall not affect the repeal of such subdivision and shall be deemed
28 repealed therewith. Effective immediately, the addition, amendment
29 and/or repeal of any rule or regulation necessary for the implementation
30 of this act on its effective date are authorized to be made and
31 completed on or before such date.
