senate Bill S981

2013-2014 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 Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to higher education
Jan 09, 2013 referred to higher education

S981 - Bill Details

See Assembly Version of this Bill:
A1160
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd Ed L, generally
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5441, A183
2009-2010: S1925A, A1015A

S981 - Bill Texts

view 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.

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BILL NUMBER:S981

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:
2011-12: A.183 - Higher Education
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.

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                    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:

  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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03685-01-3

S. 981                              2

provided, however that the board of regents may grant a three year waiv-
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

S. 981                              3

requirements of this article 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  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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