Senate Bill S5441

2011-2012 Legislative Session

Eliminates the licensure requirement of citizenship or permanent residence in those professions where such requirement presently exists

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Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to higher education
May 23, 2011	referred to higher education

2011-S5441 (ACTIVE) - Details

See Assembly Version of this Bill:: A183
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd Ed L, generally
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1925, A1015
2013-2014: S981, A1160

2011-S5441 (ACTIVE) - Summary

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.

2011-S5441 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5441

TITLE OF BILL:
An act
to amend the education law, in relation to the abolition of citizenship
requirements for licensure in certain professions

PURPOSE OR GENERAL IDEA OF BILL:
To eliminate the licensure requirement of
citizenship or permanent residence in those professions in which such
requirement exists.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would amend
subdivision 6 of section 6524, 6554, 6604, 6609, 6704, 6711, 6805,
6955, 7206, 7206-a, 7324, 7504 and subdivision 5 of section 7804 of
the Education Law to eliminate citizenship or permanent residence
immigration status presently required in the following professions:

Certified Shorthand Reporting    Massage
Chiropractic                     Medicine
Dental Hygiene                   Midwifery
Dentistry                        Pharmacy
Landscape Architecture           Professional Engineering
Land Surveying                   Veterinary Medicine

JUSTIFICATION:
Under  the  present  provisions  of  the Education Law, candidates for
licensure in 13 of the 39 professions credentialed by  the  Department
must  attain  citizenship  or  the  immigration  status  of  permanent
residence in the United  States.    Because  of  the  length  of  time
involved  in  attaining  either  status,  entry into practice is often
significantly delayed for many candidates otherwise qualified.

The immigration status requirement inhibits interstate mobility,  and,
at  times,  minority  access  to  licensure.  It  has  no bearing upon
professional competence and is arbitrary in that it applies  to  some,
but not all, of the licensed professions.

Enactment  of  this bill is necessary to facilitate the purpose of the
Trade Agreement between the United States and Canada, under which both
countries have agreed to work toward the elimination  of  barriers  to
professional  mobility for practitioners who meet equivalent standards
for licensure. The European Economic Community has gone much  further,
by  providing  that  a license from any member is valid throughout the
community.  This bill would retain New York's authority to license and
regulate practice in this State, but would eliminate an arbitrary  and
unnecessary  requirement.    New  York  Licensees  would  benefit from
reciprocal action by the provinces.

The  present  law  has  also   presented   particular   problems   for
professionals  who have been offered academic or clinical appointments
in New York State institutions or who work for large corporations that
do business in a number of different states.

PRIOR LEGISLATIVE HISTORY:


2009-10: A.A1015-A - Assembly Calendar
2007-08: A.7959    - Passed Assembly
2005-06: A.1156-A  - Died on Floor
2004-05: A.1156    - Died on Floor
2003-04: A.4522    - Passed Assembly
2001-02: A.5351    - Passed Assembly
1999-00: A.4467    - Passed Assembly
1998:    A.10417   - Rules Committee
1997:    A.4189    - Higher Education
1995-96: A.1007    - Passed Assembly
1993-94: A.342     - Assembly Calendar
1992:    A.10957   - Rules Committee

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

2011-S5441 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5441

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              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:

  Section 1. Section 6501 of the education law, as amended by chapter 81
of the laws of 1995, is amended to read as follows:
  S  6501.  Admission to a profession (licensing). 1. Admission to prac-
tice of a profession in this state is accomplished by  a  license  being
issued to a qualified applicant by the [education] department.  To qual-
ify for a license an applicant shall meet the requirements prescribed in
the  article  for  the particular profession and shall meet the require-
ments prescribed in section 3-503 of the general obligations law.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO OTHERWISE  QUALIFIED
APPLICANT  SHALL  BE  DENIED  A  LICENSE, CERTIFICATE, LIMITED PERMIT OR
REGISTRATION PURSUANT TO THIS TITLE BY REASON OF  HIS  OR  HER  LACK  OF
CITIZENSHIP  OR  IMMIGRATION STATUS, UNLESS SUCH APPLICANT IS INELIGIBLE
FOR A PROFESSIONAL LICENSE UNDER FEDERAL LAW OR IS UNLAWFULLY PRESENT IN
THE UNITED STATES.
  S 2. Paragraph (f) of subdivision 6 of section 6506 of  the  education
law,  as  amended by chapter 133 of the laws of 1982, is amended to read
as follows:
  (f) Citizenship [or immigration status: be a United States citizen  or
an  alien  lawfully  admitted  for  permanent  residence  in  the United
States]: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
  S 3. Subdivision 6 of section 6524 of the education law, as amended by
chapter 379 of the laws of 2008, is amended to read as follows:
  (6) Citizenship [or immigration status: be a United States citizen  or
an alien lawfully admitted for permanent residence in the United States;
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

er  for  an alien physician to practice in an area which has been desig-
nated by the department as medically underserved, except that the  board
of  regents may grant an additional extension not to exceed six years to
an  alien physician to enable him or her to secure citizenship or perma-
nent resident status, provided such status is  being  actively  pursued;
and  provided  further that the board of regents may grant an additional
three year waiver, and at its expiration, an extension for a period  not
to  exceed  six additional years, for the holder of an H-1b visa, an O-1
visa, or an equivalent or successor visa thereto]: MEET  NO  REQUIREMENT
AS TO UNITED STATES CITIZENSHIP;
  S 4. Subdivision 6 of section 6554 of the education law, as amended by
chapter 133 of the laws of 1982, is amended to read as follows:
  (6)  Citizenship [or immigration status: be a United States citizen or
an alien  lawfully  admitted  for  permanent  residence  in  the  United
States]: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
  S 5. Subdivision 6 of section 6604 of the education law, as amended by
chapter 403 of the laws of 2002, is amended to read as follows:
  (6)  Citizenship [or immigration status: be a United States citizen or
an alien lawfully admitted for permanent residence in the United States;
provided, however, that the board of regents  may  grant  a  three  year
waiver  for  an alien to practice in an area which has been designated a
federal dental health professions shortage area, except that  the  board
of  regents may grant an additional extension not to exceed six years to
an alien to enable him or her to secure citizenship or  permanent  resi-
dent  status,  provided  such status is being actively pursued]: MEET NO
REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
  S 6. Subdivision 6 of section 6609 of the education law, as amended by
chapter 403 of the laws of 2002, is amended to read as follows:
  (6) Citizenship [or immigration status: be a United States citizen  or
an alien lawfully admitted for permanent residence in the United States;
provided,  however,  that  the  board  of regents may grant a three year
waiver for an alien to practice in an area which has been  designated  a
federal  dental  health professions shortage area, except that the board
of regents may grant an additional extension not to exceed six years  to
an  alien  to enable him or her to secure citizenship or permanent resi-
dent status, provided such status is being actively  pursued]:  MEET  NO
REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
  S 7. Subdivision 6 of section 6704 of the education law, as amended by
chapter 201 of the laws of 2007, is amended to read as follows:
  (6)  Citizenship [or immigration status: be a United States citizen or
an alien lawfully admitted for permanent residence in the United States;
provided, however that the board of regents may grant a one-time  three-
year  waiver  for a veterinarian who otherwise meets the requirements of
this article and who has accepted an offer to practice veterinary  medi-
cine  in  a  county  in  the state which the department has certified as
having a shortage of qualified applicants to fill existing vacancies  in
veterinary  medicine, and provided further that the board of regents may
grant an extension of such three-year waiver of not more than one year]:
MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
  S 8. Subdivision 6 of section 6711 of the education law, as amended by
chapter 80 of the laws of 2000, is amended to read as follows:
  6. Citizenship [or immigration status: be a United States  citizen  or
an alien lawfully admitted for permanent residence in the United States;
provided,  however that the board of regents may grant a one-time three-
year waiver for an animal health  technician  who  otherwise  meets  the
requirements  of  this  article  and  provided further that the board of

S. 5441                             3

regents may grant an extension of such three-year  waiver  of  not  more
than one year]: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
  S  9.    Paragraph 6 of subdivision 1 of section 6805 of the education
law, as amended by chapter 133 of the laws of 1982, is amended  to  read
as follows:
  (6)  Citizenship [or immigration status: be a United States citizen or
an alien  lawfully  admitted  for  permanent  residence  in  the  United
States]: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
  S  10. Subdivision 6 of section 6955 of the education law, as added by
chapter 327 of the laws of 1992, is amended to read as follows:
  6. Citizenship [or immigration status: be a United States  citizen  or
an  alien  lawfully  admitted  for  permanent  residence  in  the United
States]: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP.
  S 11. Paragraph 6 of subdivision 1 of section 7206  of  the  education
law,  as  amended by chapter 133 of the laws of 1982, is amended to read
as follows:
  (6) Citizenship [or immigration status: be a United States citizen  or
an  alien  lawfully  admitted  for  permanent  residence  in  the United
States]: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
  S 12. Paragraph 6 of subdivision 1 of section 7206-a of the  education
law,  as  amended by chapter 133 of the laws of 1982, is amended to read
as follows:
  (6) Citizenship [or immigration status: be a United States citizen  or
an  alien  lawfully  admitted  for  permanent  residence  in  the United
States]: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
  S 13. Paragraph 6 of subdivision 1 of section 7324  of  the  education
law,  as  amended by chapter 133 of the laws of 1982, is amended to read
as follows:
  (6) Citizenship [or immigration status: be a United States citizen  or
an  alien  lawfully  admitted  for  permanent  residence  in  the United
States]: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
  S 14. Paragraph 6 of subdivision 1 of section 7504  of  the  education
law,  as  amended by chapter 133 of the laws of 1982, is amended to read
as follows:
  (6) Citizenship [or immigration status: be a United States citizen  or
an  alien  lawfully  admitted  for  permanent  residence  in  the United
States]: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
  S 15. Subdivision 5 of section 7804 of the education law,  as  amended
by chapter 230 of the laws of 1997, is amended to read as follows:
  (5)  Citizenship [or immigration status: be a United States citizen or
an alien  lawfully  admitted  for  permanent  residence  in  the  United
States]: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
  S 16. This act shall take effect immediately.

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Senate Bill S5441

Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Actions

2011-S5441 (ACTIVE) - Details

2011-S5441 (ACTIVE) - Summary

2011-S5441 (ACTIVE) - Sponsor Memo

2011-S5441 (ACTIVE) - Bill Text download pdf

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Sponsored By

Tom Libous

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Actions

2011-S5441 (ACTIVE) - Details

2011-S5441 (ACTIVE) - Summary

2011-S5441 (ACTIVE) - Sponsor Memo

2011-S5441 (ACTIVE) - Bill Text download pdf

Comments