senate Bill S4637

Amended

Relates to mandatory continuing education for social workers

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 16 / Apr / 2013
    • REFERRED TO HIGHER EDUCATION
  • 30 / Apr / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 30 / Apr / 2013
    • AMEND AND RECOMMIT TO FINANCE
  • 30 / Apr / 2013
    • PRINT NUMBER 4637A
  • 04 / Jun / 2013
    • 1ST REPORT CAL.1007
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES

Summary

Relates to mandatory continuing education for social workers.

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Bill Details

See Assembly Version of this Bill:
A6703
Versions:
S4637
S4637A
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Education Law
Laws Affected:
Add ยง7710, Ed L

Votes

14
0
14
Aye
0
Nay
4
aye with reservations
0
absent
1
excused
0
abstained
show Higher Education committee vote details

Sponsor Memo

BILL NUMBER:S4637

TITLE OF BILL: An act to amend the education law, in relation to
mandatory continuing education for social workers

PURPOSE OF GENERAL IDEA OF BILL: To ensure continued competency by
requiring practicing licensed master social workers and licensed
clinical social workers to complete continuing education.

JUSTIFICATION: Continuing education has been adopted in nearly every
state as an essential activity for ensuring quality social work
services. As practice and treatment knowledge expands, social workers
must continuously educate themselves in order to remain proficient in
professional practice and the performance of professional functions.
This bill will protect the welfare of the public and ensure that
consumers receive quality services by requiring continued education
for licensed master social workers and licensed clinical social
workers.

PRIOR LEGISLATIVE HISTORY: 2009/2010 A11434 referred to higher
education

FISCAL IMPLICATIONS: Licensed social workers will be required to pay a
forty-five dollar fee in addition to their triennial registration.

EFFECTIVE DATE: This act takes effect immediately; Provided, however
that effective immediately, the state education department is
authorized to take such steps in advance of such effective date,
including the addition, amendment and /or repeal of any rule or
regulations as may be necessary, to ensure the timely implementation
of the provisions of this act on such effective date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 4637                                                  A. 6703

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             April 16, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Higher Educa-
  tion

IN  ASSEMBLY -- Introduced by M. of A. PRETLOW -- read once and referred
  to the Committee on Higher Education

AN ACT to amend the education law, in relation to  mandatory  continuing
  education for social workers

  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  7710
to read as follows:
  S  7710.  MANDATORY  CONTINUING EDUCATION. 1. (A) EACH LICENSED MASTER
SOCIAL WORKER OR LICENSED CLINICAL SOCIAL  WORKER  REQUIRED  UNDER  THIS
ARTICLE  TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THIS
STATE, SHALL COMPLY WITH THE PROVISIONS OF MANDATORY  CONTINUING  EDUCA-
TION  REQUIREMENTS PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION, EXCEPT
AS SET FORTH IN PARAGRAPHS (B) AND (C) OF THIS  SUBDIVISION.    LICENSED
MASTER  SOCIAL  WORKERS  OR  LICENSED CLINICAL SOCIAL WORKERS WHO DO NOT
SATISFY THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT  PRAC-
TICE  UNTIL  THEY HAVE MET SUCH REQUIREMENTS AND THEY HAVE BEEN ISSUED A
REGISTRATION CERTIFICATE, EXCEPT THAT A LICENSED MASTER SOCIAL WORKER OR
LICENSED CLINICAL SOCIAL WORKER MAY PRACTICE  WITHOUT  HAVING  MET  SUCH
REQUIREMENTS  IF  HE OR SHE IS ISSUED A CONDITIONAL REGISTRATION CERTIF-
ICATE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  (B) EACH LICENSED MASTER SOCIAL WORKER  OR  LICENSED  CLINICAL  SOCIAL
WORKER  SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIRE-
MENTS FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH THEY ARE  FIRST
LICENSED.   IN ACCORDANCE WITH THE INTENT OF THIS SECTION, ADJUSTMENT TO
THE MANDATORY CONTINUING EDUCATION REQUIREMENT MAY  BE  GRANTED  BY  THE
DEPARTMENT  FOR  REASONS  OF HEALTH THAT ARE CERTIFIED BY AN APPROPRIATE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10338-01-3

S. 4637                             2                            A. 6703

HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES
OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE  DEPART-
MENT WHICH MAY PREVENT COMPLIANCE.
  (C)  A  LICENSED  MASTER  SOCIAL  WORKER OR A LICENSED CLINICAL SOCIAL
WORKER NOT ENGAGED IN PRACTICE, AS DETERMINED BY THE  DEPARTMENT,  SHALL
BE  EXEMPT  FROM THE MANDATORY CONTINUING EDUCATION REQUIREMENT UPON THE
FILING OF A STATEMENT WITH THE DEPARTMENT  DECLARING  SUCH  STATUS.  ANY
LICENSEE WHO RETURNS TO THE PRACTICE OF SOCIAL WORK DURING THE TRIENNIAL
REGISTRATION  PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REENTERING THE
PROFESSION AND SHALL MEET SUCH MANDATORY EDUCATION REQUIREMENTS AS SHALL
BE PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
  (D) A LICENSED CLINICAL SOCIAL WORKER WHO IS ALSO LICENSED AND  REGIS-
TERED  TO PRACTICE AS A LICENSED MASTER SOCIAL WORKER IN THE SAME TRIEN-
NIAL REGISTRATION PERIOD, SHALL NOT BE REQUIRED TO  COMPLETE  MORE  THAN
THIRTY-SIX  HOURS  OF CONTINUING EDUCATION IN THE TRIENNIAL REGISTRATION
PERIOD, OR ONE HOUR PER MONTH FOR A REGISTRATION PERIOD OTHER THAN THIR-
TY-SIX MONTHS.
  2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT  FOR  REGIS-
TRATION  AS  A LICENSED MASTER SOCIAL WORKER OR LICENSED CLINICAL SOCIAL
WORKER SHALL COMPLETE A MINIMUM OF THIRTY-SIX HOURS OF ACCEPTABLE FORMAL
CONTINUING EDUCATION. ANY LICENSED  MASTER  SOCIAL  WORKER  OR  LICENSED
CLINICAL  SOCIAL  WORKER  WHOSE  FIRST  REGISTRATION  DATE FOLLOWING THE
EFFECTIVE DATE OF THIS SECTION OCCURS LESS THAN THREE  YEARS  FROM  SUCH
EFFECTIVE  DATE,  BUT  ON OR AFTER OCTOBER FIRST, TWO THOUSAND FOURTEEN,
SHALL COMPLETE CONTINUING EDUCATION HOURS ON A  PRORATED  BASIS  AT  THE
RATE  OF  ONE HOUR PER MONTH FOR THE PERIOD BEGINNING OCTOBER FIRST, TWO
THOUSAND FOURTEEN UP TO THE FIRST REGISTRATION DATE THEREAFTER. A LICEN-
SEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENT
SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE  DEPART-
MENT  AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION
IS ISSUED AS PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION. CONTINU-
ING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED TO
THE SUBSEQUENT TRIENNIUM.
  3. (A) THE DEPARTMENT, IN ITS  DISCRETION,  MAY  ISSUE  A  CONDITIONAL
REGISTRATION  TO  A  LICENSEE WHO FAILS TO MEET THE CONTINUING EDUCATION
REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO  OF  THIS  SECTION  BUT  WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
WHICH  THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL REGIS-
TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
NIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL  REGISTRATION  SHALL
BE  DETERMINED  BY  THE  DEPARTMENT  BUT  SHALL NOT EXCEED ONE YEAR. ANY
LICENSEE WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION  FOR  FAILURE  TO
SUBMIT  EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING
EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT  TO
DISCIPLINARY  PROCEEDINGS  PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
THIS TITLE.
  (B) FOR PURPOSES OF THIS SECTION "ACCEPTABLE FORMAL  EDUCATION"  SHALL
MEAN  FORMAL  COURSES OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL PRAC-
TICE IN SOCIAL WORK AND WHICH MEET THE  STANDARDS  PRESCRIBED  BY  REGU-
LATIONS  OF  THE  COMMISSIONER.  SUCH  FORMAL  COURSES OF LEARNING SHALL
INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT  AND  NON-CREDIT
COURSES,   PROFESSIONAL  DEVELOPMENT  PROGRAMS  AND  TECHNICAL  SESSIONS
OFFERED BY NATIONAL, STATE AND LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER
ORGANIZATIONS ACCEPTABLE TO THE  DEPARTMENT,  AND  ANY  OTHER  ORGANIZED
EDUCATIONAL AND TECHNICAL PROGRAMS ACCEPTABLE TO THE DEPARTMENT. CONTIN-
UING  EDUCATION  COURSES  MUST  BE  TAKEN  FROM  A PROVIDER WHO HAS BEEN

S. 4637                             3                            A. 6703

APPROVED BY THE DEPARTMENT, BASED UPON AN APPLICATION AND FEE,  PURSUANT
TO  THE  REGULATIONS  OF  THE  COMMISSIONER.  THE DEPARTMENT MAY, IN ITS
DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF  THE
PUBLIC,  REQUIRE  THE  COMPLETION  OF  CONTINUING  EDUCATION  COURSES IN
SPECIFIC  SUBJECTS  TO  FULFILL  THIS  MANDATORY  CONTINUING   EDUCATION
REQUIREMENT.  COURSES  MUST  BE  TAKEN  FROM  A  SPONSOR APPROVED BY THE
DEPARTMENT, PURSUANT TO THE REGULATIONS OF  THE  COMMISSIONER.  LICENSED
MASTER SOCIAL WORKERS OR LICENSED CLINICAL SOCIAL WORKERS SHALL MAINTAIN
ADEQUATE  DOCUMENTATION  OF  COMPLETION  OF ACCEPTABLE FORMAL CONTINUING
EDUCATION AND SHALL PROVIDE SUCH DOCUMENTATION AT  THE  REQUEST  OF  THE
DEPARTMENT.  FAILURE  TO  PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF
THE DEPARTMENT SHALL BE AN ACT OF  MISCONDUCT  SUBJECT  TO  DISCIPLINARY
PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  (C)  THE MANDATORY CONTINUING EDUCATION FEE SHALL BE DETERMINED BY THE
DEPARTMENT. SUCH FEE SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH
TRIENNIAL REGISTRATION PERIOD, AND SHALL BE  PAID  IN  ADDITION  TO  THE
TRIENNIAL  REGISTRATION FEE REQUIRED BY PARAGRAPH (G) OF SUBDIVISION ONE
AND PARAGRAPH (G) OF SUBDIVISION TWO OF  SECTION  SEVENTY-SEVEN  HUNDRED
FOUR OF THIS ARTICLE.
  S  2.  This act shall take effect immediately; provided, however, that
effective immediately, the state education department is  authorized  to
take  such  steps in advance of such effective date, including the addi-
tion, amendment and/or repeal of any  rule  or  regulations  as  may  be
necessary, to ensure the timely implementation of the provisions of this
act on such effective date.

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