S T A T E O F N E W Y O R K
________________________________________________________________________
6042
2019-2020 Regular Sessions
I N A S S E M B L Y
February 26, 2019
___________
Introduced by M. of A. ORTIZ, HYNDMAN, O'DONNELL, JAFFEE, COLTON, GOTT-
FRIED, SOLAGES, LAVINE, JEAN-PIERRE, BARRON, WEPRIN, MOSLEY,
SEAWRIGHT, BLAKE, ARROYO, DAVILA, BICHOTTE -- Multi-Sponsored by -- M.
of A. SIMON -- read once and referred to the Committee on Higher
Education
AN ACT to amend the education law, in relation to removing citizenship
and immigration status requirements for applicants for licensure for
certain professions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 6501-a
to read as follows:
§ 6501-A. CITIZENSHIP STATUS; IDENTIFICATION. 1. A. EXCEPT AS PROVIDED
IN PARAGRAPH (F) OF SUBDIVISION SIX OF SECTION SIXTY-FIVE HUNDRED SIX OF
THIS ARTICLE, THE DEPARTMENT SHALL NOT DENY LICENSURE TO AN APPLICANT TO
PRACTICE ANY PROFESSION SET FORTH IN THIS TITLE ON THE BASIS OF SUCH
APPLICANT'S CITIZENSHIP STATUS OR IMMIGRATION STATUS.
B. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION.
2. ANY APPLICATION REQUIRED BY THIS TITLE TO BE FILED WITH THE DEPART-
MENT BY AN INDIVIDUAL APPLICANT SHALL INCLUDE EITHER THE INDIVIDUAL
TAXPAYER IDENTIFICATION NUMBER OR THE SOCIAL SECURITY NUMBER OF THE
APPLICANT.
§ 2. 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-
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08176-01-9
A. 6042 2
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 OR IMMIGRATION STATUS;
§ 3. 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];
§ 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 OR IMMIGRATION
STATUS;
§ 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 OR IMMIGRATION STATUS;
§ 6. Subdivision 7 of section 6604-b of the education law, as added by
chapter 537 of the laws of 2008, is amended to read as follows:
7. [In order to be eligible for a restricted dental faculty license an
applicant must be a United States citizen or an alien lawfully admitted
for permanent residence in the United States; provided, however, that
the department may grant a three year waiver for an alien who otherwise
meets all other requirements for a restricted dental faculty license
except that the department may grant an additional extension not to
exceed six years to an alien to enable him or her to secure citizenship
or permanent resident status, provided such status is being actively
pursued.] No current faculty member shall be displaced by the holder of
a restricted dental faculty license.
§ 7. 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 OR IMMIGRATION STATUS;
§ 8. 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:
A. 6042 3
(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 OR IMMIGRATION
STATUS;
§ 9. 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];
§ 10. 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
regents may grant an extension of such three-year waiver of not more
than one year] MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP OR
IMMIGRATION STATUS;
§ 11. Paragraph 1 of 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].
§ 12. 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 OR IMMIGRATION
STATUS;
§ 13. Subdivision 6 of section 6905 of the education law, as amended
by chapter 994 of the laws of 1971 and such section as renumbered by
chapter 50 of the laws of 1972, is amended to read as follows:
(6) Citizenship OR IMMIGRATION STATUS: meet no requirement as to
United States citizenship OR IMMIGRATION STATUS;
§ 14. Subdivision 6 of section 6906 of the education law, as amended
by chapter 330 of the laws of 1981, is amended to read as follows:
(6) Citizenship OR IMMIGRATION STATUS: meet no requirements as to
United States citizenship OR IMMIGRATION STATUS;
§ 15. 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 OR IMMIGRATION
STATUS.
A. 6042 4
§ 16. Subdivision 6 of section 7004 of the education law, as added by
chapter 987 of the laws of 1971, is amended to read as follows:
(6) Citizenship OR IMMIGRATION STATUS: meet no requirements as to
United States citizenship OR IMMIGRATION STATUS;
§ 17. Subdivision 6 of section 7104 of the education law, as added by
chapter 987 of the laws of 1971, is amended to read as follows:
(6) Citizenship OR IMMIGRATION STATUS: meet no requirement as to
United States citizenship OR IMMIGRATION STATUS;
§ 18. Paragraph 6 of subdivision a of section 7124 of the education
law, as amended by chapter 475 of the laws of 1973, is amended to read
as follows:
(6) Citizenship OR IMMIGRATION STATUS: meet no requirement as to
United States citizenship OR IMMIGRATION STATUS;
§ 19. 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 OR IMMIGRATION
STATUS;
§ 20. 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 OR IMMIGRATION
STATUS;
§ 21. Paragraph 6 of subdivision 1 of section 7304 of the education
law, as added by chapter 987 of the laws of 1971, is amended to read as
follows:
(6) Citizenship OR IMMIGRATION STATUS: meet no requirement as to
United States citizenship OR IMMIGRATION STATUS;
§ 22. 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 OR IMMIGRATION
STATUS;
§ 23. Paragraph 6 of subdivision 1 of section 7404 of the education
law, as added by chapter 987 of the laws of 1971, is amended to read as
follows:
(6) Citizenship OR IMMIGRATION STATUS: meet no requirements as to
United States citizenship OR IMMIGRATION STATUS;
§ 24. 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 OR IMMIGRATION
STATUS;
§ 25. Subdivision 6 of section 7603 of the education law, as added by
chapter 987 of the laws of 1971, is amended to read as follows:
(6) Citizenship OR IMMIGRATION STATUS: meet no requirement as to
United States citizenship OR IMMIGRATION STATUS;
A. 6042 5
§ 26. 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 OR IMMIGRATION
STATUS;
§ 27. 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.
§ 28. Subdivision 6 of section 7904 of the education law, as amended
by chapter 460 of the laws of 2011, is amended to read as follows:
(6) Meet no requirements as to United States citizenship OR IMMI-
GRATION STATUS.
§ 29. Paragraph (f) of subdivision 1 of section 8305 of the education
law, as added by chapter 905 of the laws of 1990, is amended to read as
follows:
(f) Citizenship OR IMMIGRATION STATUS: meet no requirements as to
United States citizenship OR IMMIGRATION STATUS;
§ 30. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however that the amendments to subdivision
7 of section 6604-b of the education law made by section six of this act
shall not affect the repeal of such subdivision and shall be deemed
repealed therewith. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such date.