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

6 Co-sponsors

• James S. Alesi
• Darrel J. Aubertine
• Ruben Diaz
• George D. Maziarz
• José M. Serrano
• Antoine M. Thompson

Title of bill

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

PURPOSE :To eliminate the licensure requirement of citizenship or permanent residence in those professions in which such requirement exists.

SUMMARY OF 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, Veterinary Technology

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 any 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 regulation 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.

LEGISLATIVE HISTORY :2008 S.8278/ Referred to Higher Education

FISCAL IMPLICATIONS :None

EFFECTIVE DATE :Immediately.