Bill Text: NY A06042 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to removing citizenship and immigration status requirements for applicants for licensure for certain professions.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Introduced - Dead) 2020-01-08 - referred to higher education [A06042 Detail]

Download: New_York-2019-A06042-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6042
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    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:
     1    Section 1. The education law is amended by adding a new section 6501-a
     2  to read as follows:
     3    § 6501-a. Citizenship status; identification. 1. a. Except as provided
     4  in paragraph (f) of subdivision six of section sixty-five hundred six of
     5  this article, the department shall not deny licensure to an applicant to
     6  practice  any  profession  set  forth in this title on the basis of such
     7  applicant's citizenship status or immigration status.
     8    b. The department is authorized to promulgate  rules  and  regulations
     9  necessary to implement the provisions of this subdivision.
    10    2. Any application required by this title to be filed with the depart-
    11  ment  by  an  individual  applicant  shall include either the individual
    12  taxpayer identification number or the  social  security  number  of  the
    13  applicant.
    14    § 2. Subdivision 6 of section 6524 of the education law, as amended by
    15  chapter 379 of the laws of 2008, is amended to read as follows:
    16    (6)  Citizenship or immigration status: [be a United States citizen or
    17  an alien lawfully admitted for permanent residence in the United States;
    18  provided, however that the board of regents may grant a three year waiv-
    19  er for an alien physician to practice in an area which has  been  desig-
    20  nated  by the department as medically underserved, except that the board
    21  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

     1  an  alien physician to enable him or her to secure citizenship or perma-
     2  nent resident status, provided such status is  being  actively  pursued;
     3  and  provided  further that the board of regents may grant an additional
     4  three  year waiver, and at its expiration, an extension for a period not
     5  to exceed six additional years, for the holder of an H-1b visa,  an  O-1
     6  visa, or an equivalent or successor visa thereto] meet no requirement as
     7  to United States citizenship or immigration status;
     8    §  3.  Paragraph  1  of subdivision 1 of section 6525 of the education
     9  law, as amended by chapter 133 of the laws of 1982, is amended  to  read
    10  as follows:
    11    (1)  A  person who fulfills all requirements for a license as a physi-
    12  cian except those relating to the examination [and citizenship or perma-
    13  nent residence in the United States];
    14    § 4. Subdivision 6 of section 6554 of the education law, as amended by
    15  chapter 133 of the laws of 1982, is amended to read as follows:
    16    (6) Citizenship or immigration status: [be a United States citizen  or
    17  an alien lawfully admitted for permanent residence in the United States]
    18  meet  no  requirement  as  to  United  States citizenship or immigration
    19  status;
    20    § 5. Subdivision 6 of section 6604 of the education law, as amended by
    21  chapter 403 of the laws of 2002, is amended to read as follows:
    22    (6) Citizenship or immigration status: [be a United States citizen  or
    23  an alien lawfully admitted for permanent residence in the United States;
    24  provided,  however,  that  the  board  of regents may grant a three year
    25  waiver for an alien to practice in an area which has been  designated  a
    26  federal  dental  health professions shortage area, except that the board
    27  of regents may grant an additional extension not to exceed six years  to
    28  an  alien  to enable him or her to secure citizenship or permanent resi-
    29  dent status, provided such status is being  actively  pursued]  meet  no
    30  requirement as to United States citizenship or immigration status;
    31    § 6. Subdivision 7 of section 6604-b of the education law, as added by
    32  chapter 537 of the laws of 2008, is amended to read as follows:
    33    7. [In order to be eligible for a restricted dental faculty license an
    34  applicant  must be a United States citizen or an alien lawfully admitted
    35  for permanent residence in the United States;  provided,  however,  that
    36  the  department may grant a three year waiver for an alien who otherwise
    37  meets all other requirements for a  restricted  dental  faculty  license
    38  except  that  the  department  may  grant an additional extension not to
    39  exceed six years to an alien to enable him or her to secure  citizenship
    40  or  permanent  resident  status,  provided such status is being actively
    41  pursued.] No current faculty member shall be displaced by the holder  of
    42  a restricted dental faculty license.
    43    § 7. Subdivision 6 of section 6609 of the education law, as amended by
    44  chapter 403 of the laws of 2002, is amended to read as follows:
    45    (6)  Citizenship or immigration status: [be a United States citizen or
    46  an alien lawfully admitted for permanent residence in the United States;
    47  provided, however, that the board of regents  may  grant  a  three  year
    48  waiver  for  an alien to practice in an area which has been designated a
    49  federal dental health professions shortage area, except that  the  board
    50  of  regents may grant an additional extension not to exceed six years to
    51  an alien to enable him or her to secure citizenship or  permanent  resi-
    52  dent  status,  provided  such  status is being actively pursued] meet no
    53  requirement as to United States citizenship or immigration status;
    54    § 8. Subdivision 6 of section 6704 of the education law, as amended by
    55  chapter 201 of the laws of 2007, is amended to read as follows:
        A. 6042                             3
     1    (6) Citizenship or immigration status: [be a United States citizen  or
     2  an alien lawfully admitted for permanent residence in the United States;
     3  provided,  however that the board of regents may grant a one-time three-
     4  year waiver for a veterinarian who otherwise meets the  requirements  of
     5  this  article and who has accepted an offer to practice veterinary medi-
     6  cine in a county in the state which  the  department  has  certified  as
     7  having  a shortage of qualified applicants to fill existing vacancies in
     8  veterinary medicine, and provided further that the board of regents  may
     9  grant  an extension of such three-year waiver of not more than one year]
    10  meet no requirement as  to  United  States  citizenship  or  immigration
    11  status;
    12    §  9.  Paragraph  1  of subdivision 1 of section 6707 of the education
    13  law, as amended by chapter 133 of the laws of 1982, is amended  to  read
    14  as follows:
    15    (1)  A person who fulfills all requirements for a license as a veteri-
    16  narian except those relating to  the  examination  [and  citizenship  or
    17  permanent residence in the United States];
    18    §  10.  Subdivision 6 of section 6711 of the education law, as amended
    19  by chapter 80 of the laws of 2000, is amended to read as follows:
    20    6. Citizenship or immigration status: [be a United States  citizen  or
    21  an alien lawfully admitted for permanent residence in the United States;
    22  provided,  however that the board of regents may grant a one-time three-
    23  year waiver for an animal health  technician  who  otherwise  meets  the
    24  requirements  of  this  article  and  provided further that the board of
    25  regents may grant an extension of such three-year  waiver  of  not  more
    26  than  one  year]  meet no requirement as to United States citizenship or
    27  immigration status;
    28    § 11. Paragraph 1 of subdivision 1 of section 6711-a of the  education
    29  law,  as  amended by chapter 333 of the laws of 1990, is amended to read
    30  as follows:
    31    1. Eligibility. Persons shall be eligible for  a  limited  permit  who
    32  fulfill all requirements for a license as a veterinary technician except
    33  those  relating  to  the examination [and citizenship or permanent resi-
    34  dence in the United States].
    35    § 12. Paragraph 6 of subdivision 1 of section 6805  of  the  education
    36  law,  as  amended by chapter 133 of the laws of 1982, is amended to read
    37  as follows:
    38    (6) Citizenship or immigration status: [be a United States citizen  or
    39  an alien lawfully admitted for permanent residence in the United States]
    40  meet  no  requirement  as  to  United  States citizenship or immigration
    41  status;
    42    § 13. Subdivision 6 of section 6905 of the education law,  as  amended
    43  by  chapter  994  of  the laws of 1971 and such section as renumbered by
    44  chapter 50 of the laws of 1972, is amended to read as follows:
    45    (6) Citizenship or immigration status:   meet  no  requirement  as  to
    46  United States citizenship or immigration status;
    47    §  14.  Subdivision 6 of section 6906 of the education law, as amended
    48  by chapter 330 of the laws of 1981, is amended to read as follows:
    49    (6) Citizenship or immigration status:   meet no  requirements  as  to
    50  United States citizenship or immigration status;
    51    §  15. Subdivision 6 of section 6955 of the education law, as added by
    52  chapter 327 of the laws of 1992, is amended to read as follows:
    53    6. Citizenship or immigration status: [be a United States  citizen  or
    54  an alien lawfully admitted for permanent residence in the United States]
    55  meet  no  requirement  as  to  United  States citizenship or immigration
    56  status.
        A. 6042                             4
     1    § 16. Subdivision 6 of section 7004 of the education law, as added  by
     2  chapter 987 of the laws of 1971, is amended to read as follows:
     3    (6)  Citizenship  or  immigration status:   meet no requirements as to
     4  United States citizenship or immigration status;
     5    § 17. Subdivision 6 of section 7104 of the education law, as added  by
     6  chapter 987 of the laws of 1971, is amended to read as follows:
     7    (6)  Citizenship  or  immigration  status:   meet no requirement as to
     8  United States citizenship or immigration status;
     9    § 18. Paragraph 6 of subdivision a of section 7124  of  the  education
    10  law,  as  amended by chapter 475 of the laws of 1973, is amended to read
    11  as follows:
    12    (6) Citizenship or immigration status:   meet  no  requirement  as  to
    13  United States citizenship or immigration status;
    14    §  19.  Paragraph  6 of subdivision 1 of section 7206 of the education
    15  law, as amended by chapter 133 of the laws of 1982, is amended  to  read
    16  as follows:
    17    (6)  Citizenship or immigration status: [be a United States citizen or
    18  an alien lawfully admitted for permanent residence in the United States]
    19  meet no requirement as  to  United  States  citizenship  or  immigration
    20  status;
    21    §  20. Paragraph 6 of subdivision 1 of section 7206-a of the education
    22  law, as amended by chapter 133 of the laws of 1982, is amended  to  read
    23  as follows:
    24    (6)  Citizenship or immigration status: [be a United States citizen or
    25  an alien lawfully admitted for permanent residence in the United States]
    26  meet no requirement as  to  United  States  citizenship  or  immigration
    27  status;
    28    §  21.  Paragraph  6 of subdivision 1 of section 7304 of the education
    29  law, as added by chapter 987 of the laws of 1971, is amended to read  as
    30  follows:
    31    (6)  Citizenship  or  immigration  status:   meet no requirement as to
    32  United States citizenship or immigration status;
    33    § 22. Paragraph 6 of subdivision 1 of section 7324  of  the  education
    34  law,  as  amended by chapter 133 of the laws of 1982, is amended to read
    35  as follows:
    36    (6) Citizenship or immigration status: [be a United States citizen  or
    37  an alien lawfully admitted for permanent residence in the United States]
    38  meet  no  requirement  as  to  United  States citizenship or immigration
    39  status;
    40    § 23. Paragraph 6 of subdivision 1 of section 7404  of  the  education
    41  law,  as added by chapter 987 of the laws of 1971, is amended to read as
    42  follows:
    43    (6) Citizenship or immigration status:   meet no  requirements  as  to
    44  United States citizenship or immigration status;
    45    §  24.  Paragraph  6 of subdivision 1 of section 7504 of the education
    46  law, as amended by chapter 133 of the laws of 1982, is amended  to  read
    47  as follows:
    48    (6)  Citizenship or immigration status: [be a United States citizen or
    49  an alien lawfully admitted for permanent residence in the United States]
    50  meet no requirement as  to  United  States  citizenship  or  immigration
    51  status;
    52    §  25. Subdivision 6 of section 7603 of the education law, as added by
    53  chapter 987 of the laws of 1971, is amended to read as follows:
    54    (6) Citizenship or immigration status:   meet  no  requirement  as  to
    55  United States citizenship or immigration status;
        A. 6042                             5
     1    §  26.  Subdivision 5 of section 7804 of the education law, as amended
     2  by chapter 230 of the laws of 1997, is amended to read as follows:
     3    (5)  Citizenship or immigration status: [be a United States citizen or
     4  an alien lawfully admitted for permanent residence in the United States]
     5  meet no requirement as  to  United  States  citizenship  or  immigration
     6  status;
     7    §  27.  Subdivision 1 of section 7806 of the education law, as amended
     8  by chapter 230 of the laws of 1997, is amended to read as follows:
     9    1. The department may issue a limited permit to practice massage ther-
    10  apy as a licensed massage therapist, masseur or masseuse to a person who
    11  has not previously held such a permit and who fulfills  all  except  the
    12  examination  [and  citizenship]  requirements  for  a  license, provided
    13  however that a permit shall not be issued to a person who has failed the
    14  state licensing examination.
    15    § 28. Subdivision 6 of section 7904 of the education law,  as  amended
    16  by chapter 460 of the laws of 2011, is amended to read as follows:
    17    (6)  Meet  no  requirements  as  to United States citizenship or immi-
    18  gration status.
    19    § 29. Paragraph (f) of subdivision 1 of section 8305 of the  education
    20  law,  as added by chapter 905 of the laws of 1990, is amended to read as
    21  follows:
    22    (f) Citizenship or immigration status:   meet no  requirements  as  to
    23  United States citizenship or immigration status;
    24    §  30.  This  act shall take effect on the sixtieth day after it shall
    25  have become a law; provided, however that the amendments to  subdivision
    26  7 of section 6604-b of the education law made by section six of this act
    27  shall  not  affect  the  repeal  of such subdivision and shall be deemed
    28  repealed therewith.   Effective  immediately,  the  addition,  amendment
    29  and/or repeal of any rule or regulation necessary for the implementation
    30  of  this  act  on  its  effective  date  are  authorized  to be made and
    31  completed on or before such date.