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.
STATE OF NEW YORK
________________________________________________________________________
5441
2011-2012 Regular Sessions
IN SENATE
May 23, 2011
___________
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 § 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 § 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 § 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;
25 provided, however that the board of regents may grant a three year waiv-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01156-01-1
S. 5441 2
1 er for an alien physician to practice in an area which has been desig-
2 nated by the department as medically underserved, except that the board
3 of regents may grant an additional extension not to exceed six years to
4 an alien physician to enable him or her to secure citizenship or perma-
5 nent resident status, provided such status is being actively pursued;
6 and provided further that the board of regents may grant an additional
7 three year waiver, and at its expiration, an extension for a period not
8 to exceed six additional years, for the holder of an H-1b visa, an O-1
9 visa, or an equivalent or successor visa thereto]: meet no requirement
10 as to United States citizenship;
11 § 4. Subdivision 6 of section 6554 of the education law, as amended by
12 chapter 133 of the laws of 1982, is amended to read as follows:
13 (6) Citizenship [or immigration status: be a United States citizen or
14 an alien lawfully admitted for permanent residence in the United
15 States]: meet no requirement as to United States citizenship;
16 § 5. Subdivision 6 of section 6604 of the education law, as amended by
17 chapter 403 of the laws of 2002, 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 States;
20 provided, however, that the board of regents may grant a three year
21 waiver for an alien to practice in an area which has been designated a
22 federal dental health professions shortage area, except that the board
23 of regents may grant an additional extension not to exceed six years to
24 an alien to enable him or her to secure citizenship or permanent resi-
25 dent status, provided such status is being actively pursued]: meet no
26 requirement as to United States citizenship;
27 § 6. Subdivision 6 of section 6609 of the education law, as amended by
28 chapter 403 of the laws of 2002, is amended to read as follows:
29 (6) Citizenship [or immigration status: be a United States citizen or
30 an alien lawfully admitted for permanent residence in the United States;
31 provided, however, that the board of regents may grant a three year
32 waiver for an alien to practice in an area which has been designated a
33 federal dental health professions shortage area, except that the board
34 of regents may grant an additional extension not to exceed six years to
35 an alien to enable him or her to secure citizenship or permanent resi-
36 dent status, provided such status is being actively pursued]: meet no
37 requirement as to United States citizenship;
38 § 7. Subdivision 6 of section 6704 of the education law, as amended by
39 chapter 201 of the laws of 2007, is amended to read 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 States;
42 provided, however that the board of regents may grant a one-time three-
43 year waiver for a veterinarian who otherwise meets the requirements of
44 this article and who has accepted an offer to practice veterinary medi-
45 cine in a county in the state which the department has certified as
46 having a shortage of qualified applicants to fill existing vacancies in
47 veterinary medicine, and provided further that the board of regents may
48 grant an extension of such three-year waiver of not more than one year]:
49 meet no requirement as to United States citizenship;
50 § 8. Subdivision 6 of section 6711 of the education law, as amended by
51 chapter 80 of the laws of 2000, is amended to read as follows:
52 6. Citizenship [or immigration status: be a United States citizen or
53 an alien lawfully admitted for permanent residence in the United States;
54 provided, however that the board of regents may grant a one-time three-
55 year waiver for an animal health technician who otherwise meets the
56 requirements of this article and provided further that the board of
S. 5441 3
1 regents may grant an extension of such three-year waiver of not more
2 than one year]: meet no requirement as to United States citizenship;
3 § 9. Paragraph 6 of subdivision 1 of section 6805 of the education
4 law, as amended by chapter 133 of the laws of 1982, is amended to read
5 as follows:
6 (6) Citizenship [or immigration status: be a United States citizen or
7 an alien lawfully admitted for permanent residence in the United
8 States]: meet no requirement as to United States citizenship;
9 § 10. Subdivision 6 of section 6955 of the education law, as added by
10 chapter 327 of the laws of 1992, is amended to read 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 § 11. 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
19 States]: meet no requirement as to United States citizenship;
20 § 12. Paragraph 6 of subdivision 1 of section 7206-a of the education
21 law, as amended by chapter 133 of the laws of 1982, is amended to read
22 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
25 States]: meet no requirement as to United States citizenship;
26 § 13. Paragraph 6 of subdivision 1 of section 7324 of the education
27 law, as amended by chapter 133 of the laws of 1982, is amended to read
28 as follows:
29 (6) Citizenship [or immigration status: be a United States citizen or
30 an alien lawfully admitted for permanent residence in the United
31 States]: meet no requirement as to United States citizenship;
32 § 14. Paragraph 6 of subdivision 1 of section 7504 of the education
33 law, as amended by chapter 133 of the laws of 1982, is amended to read
34 as follows:
35 (6) Citizenship [or immigration status: be a United States citizen or
36 an alien lawfully admitted for permanent residence in the United
37 States]: meet no requirement as to United States citizenship;
38 § 15. Subdivision 5 of section 7804 of the education law, as amended
39 by chapter 230 of the laws of 1997, is amended to read as follows:
40 (5) 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 § 16. This act shall take effect immediately.
