July 11, 2008

New York District Court Strikes Down Professional Licensure Law

A Court finds a New York state professional licensure statute unconstitutional under both the equal protection clause and the supremacy clause in that it discriminates against those who are not citizens or permanent residents. Plaintiff is a veterinarian on a TN visa. The Court found that New York’s limitation on licensure of qualified non-citizens is unconstititional. New York licensing provisions for physicians and other professionals are very similar to the veterinariary licensing law in this case. For example, New York only issues limited licenses to physicians in H-1B status so long as they practice in underserved areas. This decision may signal the demise of these limitations on some IMG physicians practicing in New York. To read this important decision, click this link – Kirk v. New York State Department of Education et al., (W.D. NY 6/23/08). AILA Doc. No. 08071060.

By Ann Massey Badmus