Relates to permitting individuals enrolled in the federal deferred action for childhood arrivals program to apply for professional licenses if they meet all additional requirements.
STATE OF NEW YORK
________________________________________________________________________
6281
2023-2024 Regular Sessions
IN SENATE
April 11, 2023
___________
Introduced by Sens. SEPULVEDA, GOUNARDES -- 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 permitting individuals
enrolled in the federal deferred action for childhood arrivals program
to apply for professional licenses
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 is amended by adding a
2 new subdivision 3 to read as follows:
3 3. Notwithstanding any provision of law to the contrary, a qualified
4 applicant shall include individuals enrolled in the federal deferred
5 action for childhood arrivals program who meets all additional require-
6 ments prescribed for in the article for such particular profession.
7 § 2. Subdivision 6 of section 6524 of the education law, as amended by
8 chapter 669 of the laws of 2022, is amended to read as follows:
9 (6) Citizenship or immigration status: be a United States citizen, an
10 individual enrolled in the federal deferred action for childhood
11 arrivals program, or a noncitizen lawfully admitted for permanent resi-
12 dence in the United States; provided, however that the board of regents
13 may grant a three year waiver for a noncitizen physician to practice in
14 an area which has been designated by the department as medically under-
15 served, except that the board of regents may grant an additional exten-
16 sion not to exceed six years to a noncitizen physician to enable him or
17 her to secure citizenship or permanent resident status, provided such
18 status is being actively pursued; and provided further that the board of
19 regents may grant an additional three year waiver, and at its expira-
20 tion, an extension for a period not to exceed six additional years, for
21 the holder of an H-1b visa, an O-1 visa, or an equivalent or successor
22 visa thereto;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07996-01-3
S. 6281 2
1 § 3. Subdivision 6 of section 6554 of the education law, as amended by
2 chapter 669 of the laws of 2022, is amended to read as follows:
3 (6) Citizenship or immigration status: be a United States citizen, an
4 individual enrolled in the federal deferred action for childhood
5 arrivals program, or a noncitizen lawfully admitted for permanent resi-
6 dence in the United States;
7 § 4. Subdivision 6 of section 6604 of the education law, as amended by
8 chapter 669 of the laws of 2022, is amended to read as follows:
9 (6) Citizenship or immigration status: be a United States citizen, an
10 individual enrolled in the federal deferred action for childhood
11 arrivals program, or a noncitizen lawfully admitted for permanent resi-
12 dence in the United States; provided, however, that the board of regents
13 may grant a three year waiver for a noncitizen to practice in an area
14 which has been designated a federal dental health professions shortage
15 area, except that the board of regents may grant an additional extension
16 not to exceed six years to a noncitizen to enable him or her to secure
17 citizenship or permanent resident status, provided such status is being
18 actively pursued;
19 § 5. Subdivision 6 of section 6609 of the education law, as amended by
20 chapter 669 of the laws of 2022, is amended to read as follows:
21 (6) Citizenship or immigration status: be a United States citizen, an
22 individual enrolled in the federal deferred action for childhood
23 arrivals program, or a noncitizen lawfully admitted for permanent resi-
24 dence in the United States; provided, however, that the board of regents
25 may grant a three year waiver for a noncitizen to practice in an area
26 which has been designated a federal dental health professions shortage
27 area, except that the board of regents may grant an additional extension
28 not to exceed six years to a noncitizen to enable him or her to secure
29 citizenship or permanent resident status, provided such status is being
30 actively pursued;
31 § 6. Subdivision 6 of section 6704 of the education law, as amended by
32 chapter 669 of the laws of 2022, is amended to read as follows:
33 (6) Citizenship or immigration status: be a United States citizen, an
34 individual enrolled in the federal deferred action for childhood
35 arrivals program, or a noncitizen lawfully admitted for permanent resi-
36 dence in the United States; provided, however that the board of regents
37 may grant a one-time three-year waiver for a veterinarian who otherwise
38 meets the requirements of this article and who has accepted an offer to
39 practice veterinary medicine in a county in the state which the depart-
40 ment has certified as having a shortage of qualified applicants to fill
41 existing vacancies in veterinary medicine, and provided further that the
42 board of regents may grant an extension of such three-year waiver of not
43 more than one year;
44 § 7. Subdivision 6 of section 6711 of the education law, as amended by
45 chapter 669 of the laws of 2022, is amended to read as follows:
46 6. Citizenship or immigration status: be a United States citizen, an
47 individual enrolled in the federal deferred action for childhood
48 arrivals program, or a noncitizen lawfully admitted for permanent resi-
49 dence in the United States; provided, however that the board of regents
50 may grant a one-time three-year waiver for an animal health technician
51 who otherwise meets the requirements of this article and provided
52 further that the board of regents may grant an extension of such three-
53 year waiver of not more than one year;
54 § 8. Paragraph 6 of subdivision 1 of section 6805 of the education
55 law, as amended by chapter 669 of the laws of 2022, is amended to read
56 as follows:
S. 6281 3
1 (6) Citizenship or immigration status: be a United States citizen, an
2 individual enrolled in the federal deferred action for childhood
3 arrivals program, or a noncitizen lawfully admitted for permanent resi-
4 dence in the United States;
5 § 9. Subdivision 6 of section 6955 of the education law, as added by
6 chapter 669 of the laws of 2022, is amended to read as follows:
7 6. Citizenship or immigration status: be a United States citizen, an
8 individual enrolled in the federal deferred action for childhood
9 arrivals program, or a noncitizen lawfully admitted for permanent resi-
10 dence in the United States.
11 § 10. Paragraph 6 of subdivision 1 of section 7206 of the education
12 law, as amended by chapter 669 of the laws of 2022, is amended to read
13 as follows:
14 (6) Citizenship or immigration status: be a United States citizen, an
15 individual enrolled in the federal deferred action for childhood
16 arrivals program, or a noncitizen lawfully admitted for permanent resi-
17 dence in the United States;
18 § 11. Paragraph 6 of subdivision 1 of section 7206-a of the education
19 law, as amended by chapter 669 of the laws of 2022, is amended to read
20 as follows:
21 (6) Citizenship or immigration status: be a United States citizen, an
22 individual enrolled in the federal deferred action for childhood
23 arrivals program, or a noncitizen lawfully admitted for permanent resi-
24 dence in the United States;
25 § 12. Paragraph 6 of subdivision 1 of section 7324 of the education
26 law, as amended by chapter 669 of the laws of 2022, is amended to read
27 as follows:
28 (6) Citizenship or immigration status: be a United States citizen, an
29 individual enrolled in the federal deferred action for childhood
30 arrivals program, or a noncitizen lawfully admitted for permanent resi-
31 dence in the United States;
32 § 13. Paragraph 6 of subdivision 1 of section 7504 of the education
33 law, as amended by chapter 669 of the laws of 2022, is amended to read
34 as follows:
35 (6) Citizenship or immigration status: be a United States citizen, an
36 individual enrolled in the federal deferred action for childhood
37 arrivals program, or a noncitizen lawfully admitted for permanent resi-
38 dence in the United States;
39 § 14. Subdivision 5 of section 7804 of the education law, as amended
40 by chapter 669 of the laws of 2022, is amended to read as follows:
41 (5) Citizenship or immigration status: be a United States citizen, an
42 individual enrolled in the federal deferred action for childhood
43 arrivals program, or a noncitizen lawfully admitted for permanent resi-
44 dence in the United States;
45 § 15. This act shall take effect on the sixtieth day after it shall
46 have become a law. Effective immediately, the addition, amendment and/or
47 repeal of any rule or regulation necessary for the implementation of
48 this act on its effective date are authorized to be made and completed
49 on or before such effective date.