NY State Senate Bill 2023-S6939

Senate Bill S6939

2023-2024 Legislative Session

Removes citizenship and permanent lawful resident requirements for professional licensure; repealer

download bill text pdf

Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to higher education
May 16, 2023	referred to higher education

2023-S6939 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd Ed L, generally
Versions Introduced in 2021-2022 Legislative Session:: S9388

2023-S6939 (ACTIVE) - Summary

Removes citizenship and permanent lawful resident requirements for professional licensure; repeals certain provisions of the education law relating thereto.

2023-S6939 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6939

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the education law, in relation to removing citizenship
and permanent lawful resident requirements for professional licensure;
and to repeal certain provisions of such law relating thereto

 
PURPOSE OF THE BILL:

The purpose of the bill is to ensure the preservation and expansion of
access to employment opportunities for certain qualified aliens.

 
SUMMARY OF THE PROVISIONS OF THE BILL:

Sections 1 through 21 of the bill amend sections 6506, 6524, 6525, 6554,
6604, 6604-b, 6609, 6704, 6707, 6711, 6711-a, 6805, 6955, 6956, 7206,
7206-A, 7324, 7504, 7804, and 7806 of the Education Law to repeal and
amend several provisions which currently prohibit individuals who are
not a United States citizen or a lawful permanent resident from becoming
licensed in certain professions.

Section 22 of the bill is the stated effective date.

 
STATEMENT IN SUPPORT OF THE BILL:

Federal law and the Regulations of the Commissioner of Education (8
NYCRR 59.4) limit the issuance of professional licenses, registrations
and limited permits to United States citizens or qualified aliens.
However, New York State law further limits qualification to individuals
who are US citizens or permanent lawful residents in certain licensed
professions under Education Law, Title VIII (including physicians, phar-
macists, dentists, dental hygienists, veterinarians, veterinary techni-
cians, chiropractors, midwifes, engineers, land surveyors, landscape
architects, certified shorthand reporters and massage therapists.).
These limiting New York State statutes were struck down by the U.S.
Second Circuit Court of Appeals as unconstitutional in  
DANDAMUDI V
TISCH, 686 F.3d 66 (2012) and have been found to violate the Equal
Protection Clause of the U.S.  Constitution.

Following the Second Circuit Court of Appeals decision, the Department
revised its application forms to remove this citizenship requirement and
to allow qualified aliens, as defined under Federal law (8 U.S.C.
1641(b)), who have completed all other licensure requirements in these
professions, to be licensed in this State, as is allowed for all other
professions licensed under Title VIII of the Education Law.

Because this law was struck down by the Court and is no longer enforced,
it is appropriate to repeal these provisions of law to conform to the
Second Circuit Court of Appeals decision, and to make other conforming
amendments.

 
PRIOR LEGISLATIVE HISTORY:

A prior version of this bill was introduced in the Assembly in 2016 as
A.9832. Such bill was reported from the Higher Education Committee and
advanced to third reading. No further action was taken. The prior
version of the bill was again introduced in the Assembly in 2017 as
A.7065 and was reported from the Higher Education Committee and advanced
to third reading. No further action was taken. The prior version of the
bill was introduced in the Assembly in 2019 and 2020 as A.6981 and was
referred to the Higher Education Committee. In 2021 and 2022 the prior
version of the bill was introduced in the Assembly as A.7597 and was
reported from the Higher Education Committee and advanced to third read-
ing. No further action was taken in the Assembly. In 2022 the Senate
introduced the current version of this bill as S9388 and referred it to
the Higher Education Committee. No further action was taken in the
Senate.

 
EFFECTIVE DATE:
This act would take effect immediately.

2023-S6939 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6939
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2023
                                ___________
 
 Introduced  by Sen. RIVERA -- (at request of the State Education Depart-
   ment) -- 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 removing citizenship
   and permanent lawful resident requirements for professional licensure;
   and to repeal certain provisions of such law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (f)  of  subdivision  6 of section 6506 of the
 education law is REPEALED and paragraphs  (g)  and  (h)  are  relettered
 paragraphs (f) and (g).
   §  2.  Subdivision  6 of section 6524 of the education law is REPEALED
 and subdivisions 7, 8, 9, 10 and 11 are renumbered subdivisions 6, 7, 8,
 9 and 10.
   § 3. The opening paragraph of subdivision (a) of section 6528  of  the
 education law, as amended by chapter 122 of the laws of 1975, is amended
 to read as follows:
   Notwithstanding any other provisions of this article or any law to the
 contrary,  an  individual who at the time of his enrollment in a medical
 school outside the United States is a  resident  of  the  United  States
 shall  be  eligible  for licensure in this state if he has satisfied the
 requirements of subdivisions one, five, six, AND seven  [and  eight]  of
 section sixty-five hundred twenty-four of this chapter and:
   §  4.  Paragraph  1  of subdivision 1 of section 6525 of the education
 law, as amended by chapter 133 of the laws of 1982, is amended  to  read
 as follows:
   (1)  A  person who fulfills all requirements for a license as a physi-
 cian except those relating to the examination [and citizenship or perma-
 nent residence in the United States];
   § 5. Subdivision 6 of section 6554 of the education  law  is  REPEALED
 and subdivisions 7 and 8 are renumbered subdivisions 6 and 7.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03185-01-3

 S. 6939                             2
 
   §  6.  Subdivision  6 of section 6604 of the education law is REPEALED
 and subdivisions 7 and 8 are renumbered subdivisions 6 and 7.
   § 7. Subdivision 7 of section 6604-b of the education law is REPEALED.
   §  8.  Subdivision  6 of section 6609 of the education law is REPEALED
 and subdivisions 7 and 8 are renumbered subdivisions 6 and 7.
   § 9. Subdivision 6 of section 6704 of the education  law  is  REPEALED
 and subdivisions 7 and 8 are renumbered subdivisions 6 and 7.
   §  10.  Paragraph  1 of subdivision 1 of section 6707 of the education
 law, as amended by chapter 133 of the laws of 1982, is amended  to  read
 as follows:
   (1)  A person who fulfills all requirements for a license as a veteri-
 narian except those relating to  the  examination  [and  citizenship  or
 permanent residence in the United States];
   §  11.  Subdivision 6 of section 6711 of the education law is REPEALED
 and subdivisions 7 and 8 are renumbered subdivisions 6 and 7.
   § 12. Subdivision 1 of section 6711-a of the education law, as amended
 by chapter 333 of the laws of 1990, is amended to read as follows:
   1. Eligibility. Persons shall be eligible for  a  limited  permit  who
 fulfill all requirements for a license as a veterinary technician except
 those  relating  to  the examination [and citizenship or permanent resi-
 dence in the United States].
   § 13. Paragraph 6 of subdivision 1 of section 6805  of  the  education
 law  is  REPEALED and paragraphs 7 and 8 are renumbered paragraphs 6 and
 7.
   § 14. Subdivision 6 of section 6955 of the education law  is  REPEALED
 and subdivision 7 is renumbered subdivision 6.
   §  15. Section 6956 of the education law, as amended by chapter 216 of
 the laws of 1994, is amended to read as follows:
   § 6956. Prior nurse-midwifery certification.   Any individual  who  is
 certified  as  a  nurse-midwife [pursuant to section twenty-five hundred
 sixty of the public health law]  before  June  first,  nineteen  hundred
 ninety-six, shall be deemed to be licensed as a midwife under this arti-
 cle;  provided  that  each  such certified nurse-midwife shall, prior to
 that date, submit evidence  of  such  certification  to  the  department
 together with the appropriate fee required by subdivision [seven] SIX of
 section  sixty-nine  hundred  fifty-five of this article. Any individual
 certified as a nurse-midwife [pursuant to  section  twenty-five  hundred
 sixty  of  the  public  health  law] (i) may practice under that section
 until it is repealed, but (ii) shall not practice pursuant to this arti-
 cle until after receiving approval from the commissioner and  submitting
 the  fee  required  by  subdivision  [seven]  SIX  of section sixty-nine
 hundred fifty-five of this article.
   § 16. Paragraph 6 of subdivision 1 of section 7206  of  the  education
 law  is  REPEALED and paragraphs 7 and 8 are renumbered paragraphs 6 and
 7.
   § 17. Paragraph 6 of subdivision 1 of section 7206-a of the  education
 law  is  REPEALED and paragraphs 7 and 8 are renumbered paragraphs 6 and
 7.
   § 18. Paragraph 6 of subdivision 1 of section 7324  of  the  education
 law  is  REPEALED and paragraphs 7 and 8 are renumbered paragraphs 6 and
 7.
   § 19. Paragraph 6 of subdivision 1 of section 7504  of  the  education
 law  is  REPEALED and paragraphs 7 and 8 are renumbered paragraphs 6 and
 7.
   § 20. Subdivision 5 of section 7804 of the education law  is  REPEALED
 and subdivisions 6 and 7 are renumbered subdivisions 5 and 6.
 S. 6939                             3
 
   §  21.  Subdivision 1 of section 7806 of the education law, as amended
 by chapter 230 of the laws of 1997, is amended to read as follows:
   1. The department may issue a limited permit to practice massage ther-
 apy as a licensed massage therapist, masseur or masseuse to a person who
 has  not  previously  held such a permit and who fulfills all except the
 examination [and  citizenship  requirements]  for  a  license,  provided
 however that a permit shall not be issued to a person who has failed the
 state licensing examination.
   § 22. This act shall take effect immediately.

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