Effective August 17, 2012, foreign national physicians may apply for permanent license to practice medicine anywhere in New York State. Physicians are no longer required to work in underserved areas. Those who are currently holding limited licenses will continue under the provisions of that license and will work in the underserved area until they obtain a permanent license.
This change of policy was based on a lawsuit filed by a small group of pharmacists against the New York State Education Department. In Dandamudi v Tisch, the pharmacists, who were all legally authorized to reside and work in the United States argued that New York Education Law § 6805(1)(6)’s requirement that only U.S. Citizens or Legal Permanent Residents (“LPRs”) are eligible to obtain a pharmacist’s license in New York is unconstitutional because it violates the Equal Protection and Supremacy Clauses of the United States Constitution. The Court of Appeals agreed with the plaintiffs and the District Court’s finding that the New York State law discriminates against those lawfully permitted to reside and work in the U.S. and there are no compelling reasons for the statute’s discrimination based on alienage.
For more information about licensure requirements in the State of New York, check the New York State Education Department website.
