NY State Assembly Bill 2021-A7409A

Assembly Bill A7409A

2021-2022 Legislative Session

Relates to the effectiveness of provisions relating to persons practicing in certain licensed programs who are exempt from practice requirements of professionals licensed by the department of education

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 31, 2022	print number 7409a
May 31, 2022	amend and recommit to higher education
Jan 05, 2022	referred to higher education
May 07, 2021	referred to higher education

Bill Amendments

Original

A (Active)

co-Sponsors

2021-A7409 - Details

See Senate Version of this Bill:: S6378
Current Committee:: Assembly Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§7605, 7706 & 8410, Ed L
Versions Introduced in 2023-2024 Legislative Session:: S5774

2021-A7409 - Summary

Relates to the delivery of services that are clinical in nature by persons serving in programs under the jurisdiction of the department of mental hygiene, while under a level of supervision by a licensed professional as determined by the appropriate mental hygiene commissioner.

2021-A7409 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7409
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 7, 2021
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on Higher Education
 
 AN  ACT  to amend the education law, in relation to the effectiveness of
   certain provisions relating to persons practicing in certain  licensed
   programs  or  services  who  are  exempt from practice requirements of
   professionals licensed by the department of education; to amend part Y
   of chapter 57 of the laws of 2018, amending the education law relating
   to persons practicing in certain licensed programs or services who are
   exempt from practice requirements of  professionals  licensed  by  the
   department  of education, in relation to the effectiveness thereof; to
   amend chapter 420 of the laws of  2002,  amending  the  education  law
   relating  to  the  profession of social work, in relation to extending
   the expiration of certain provisions thereof; to amend chapter 676  of
   the  laws of 2002, amending the education law relating to the practice
   of psychology, in relation to  extending  the  expiration  of  certain
   provisions; and to amend chapter 130 of the laws of 2010, amending the
   education  law and other laws relating to the registration of entities
   providing certain  professional  services  and  licensure  of  certain
   professions, in relation to extending certain provisions thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 12 section 7605 of the education law, as  added
 by  section 2 of part Y of chapter 57 of the laws of 2018, is amended to
 read as follows:
   12. Notwithstanding any other provision of law to the contrary,  noth-
 ing  in  this article shall be construed to prohibit or limit the activ-
 ities or services provided under this  article  by  any  person  who  is
 employed  or  who commences employment in a program or service operated,
 regulated, funded, or approved by the department of mental hygiene,  the
 office  of children and family services, or a local governmental unit as
 that term is defined in section 41.03 of the mental  hygiene  law  or  a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11070-01-1

 A. 7409                             2
 
 social  services  district as defined in section sixty-one of the social
 services law on or before one year from the date that the  [regulations]
 JOINT  EXECUTIVE  AGENCIES  REPORT issued in accordance with SUBDIVISION
 TWO OF section six of [the] PART Y OF chapter FIFTY-SEVEN of the laws of
 two  thousand eighteen which added this subdivision [appear in the state
 register or are adopted, whichever is later]. Such prohibitions or limi-
 tations shall not apply to such employees for as  long  as  they  remain
 employed  by  such programs or services and whether they remain employed
 by the same or other employers  providing  such  programs  or  services.
 Provided,  however,  that  any  person  who commences employment in such
 program or service after  such  date  and  performs  services  that  are
 restricted under this article shall be appropriately licensed or author-
 ized  under  this  article. Each state oversight agency shall create and
 maintain a process to verify employment history  of  individuals  exempt
 under this subdivision.
   §  2.  Subdivision 8 of section 7706 of the education law, as added by
 section 4 of part Y of chapter 57 of the laws of  2018,  is  amended  to
 read as follows:
   8. Notwithstanding any other provision of law to the contrary, nothing
 in  this  article shall be construed to prohibit or limit the activities
 or services provided under this article by any person who is employed or
 who commences employment in a program or  service  operated,  regulated,
 funded,  or  approved by the department of mental hygiene, the office of
 children and family services, the department of corrections and communi-
 ty supervision, the office of temporary and disability  assistance,  the
 state  office  for  the  aging  and  the department of health or a local
 governmental unit as that term is defined in section 41.03 of the mental
 hygiene law or a social services district as defined in  section  sixty-
 one  of the social services law on or before one year from the date that
 the [regulations] JOINT EXECUTIVE AGENCIES REPORT issued  in  accordance
 with  SUBDIVISION  TWO  OF section six of [the] PART Y OF chapter FIFTY-
 SEVEN of the laws of two thousand eighteen which added this  subdivision
 [appear  in the state register or are adopted, whichever is later]. Such
 prohibitions or limitations shall not apply to  such  employees  for  as
 long  as  they  remain employed by such programs or services and whether
 they remain employed by the  same  or  other  employers  providing  such
 programs  or  services.  Provided however, that any person who commences
 employment in such program or  service  after  such  date  and  performs
 services  that  are restricted under this article shall be appropriately
 licensed or authorized under this article. Each state  oversight  agency
 shall  create  and  maintain  a  process to verify employment history of
 individuals exempt under this subdivision.
   § 3. Subdivision 9 of section 8410 of the education law, as  added  by
 section  5  of  part  Y of chapter 57 of the laws of 2018, is amended to
 read as follows:
   9. Notwithstanding any other provision of law to the contrary, nothing
 in this article shall be construed to prohibit or limit  the  activities
 or services provided under this article by any person who is employed or
 who  commences  employment  in a program or service operated, regulated,
 funded, or approved by the department of mental hygiene, the  office  of
 children and family services, the department of corrections and communi-
 ty  supervision,  the office of temporary and disability assistance, the
 state office for the aging and the  department  of  health  or  a  local
 governmental unit as that term is defined in section 41.03 of the mental
 hygiene  law  or a social services district as defined in section sixty-
 one of the social services law on or before one year from the date  that

 A. 7409                             3
 
 the  [regulations]  JOINT EXECUTIVE AGENCIES REPORT issued in accordance
 with SUBDIVISION TWO OF section six of [the] PART Y  OF  chapter  FIFTY-
 SEVEN  of the laws of two thousand eighteen which added this subdivision
 [appear  in the state register or are adopted, whichever is later]. Such
 prohibitions or limitations shall not apply to  such  employees  for  as
 long  as  they  remain employed by such programs or services and whether
 they remain employed by the  same  or  other  employers  providing  such
 programs  or  services.  Provided however, that any person who commences
 employment in such program or  service  after  such  date  and  performs
 services  that  are restricted under this article shall be appropriately
 licensed or authorized under this article. Each state  oversight  agency
 shall  create  and  maintain  a  process to verify employment history of
 individuals exempt under this subdivision.
   § 4. Subdivision 2 of section 6 of part Y of chapter 57 of the laws of
 2018, amending the education  law  relating  to  persons  practicing  in
 certain  licensed  programs  or  services  who  are exempt from practice
 requirements of professionals licensed by the department  of  education,
 is amended to read as follows:
   2.  Not  later  than  ONE YEAR AND sixty days from the adoption of the
 regulations required by this section, the  executive  agencies  together
 shall  issue a single report to the governor, the temporary president of
 the senate, the speaker of the assembly, and the state education depart-
 ment that may include but not be limited to, all matters where any indi-
 vidual agency objects to or has concerns regarding regulations or  guid-
 ance  issued  by  the  department  pursuant  to  subdivision one of this
 section; a projected fiscal impact or effect of any regulations or guid-
 ance on each executive agency; identification  of  licensed  professions
 shortage  areas under each executive agency; identification of appropri-
 ate rate, policy, or legislative  changes  that  may  address  workforce
 shortages in licensed professions or access to services; an analysis and
 identification  of  the need for resources and investment to fortify the
 state's mental health workforce; an identification of barriers to hiring
 licensees and the mechanism and oversight structure used to track  indi-
 viduals  that  are  subject  to:  subdivision  12 of section 7605 of the
 education law, subdivision 8 of section 7706 of the  education  law,  or
 subdivision  9 of section 8410 of the education law; or any other perti-
 nent information.
   § 5. Subdivision a of section 9 of chapter 420 of  the  laws  of  2002
 amending the education law relating to the profession of social work, as
 amended  by  section  8  of part Y of chapter 57 of the laws of 2018, is
 amended to read as follows:
   a. Nothing in this act shall  prohibit  or  limit  the  activities  or
 services on the part of any person in the employ of a program or service
 operated,  regulated,  funded,  or  approved by the department of mental
 hygiene, the office of children  and  family  services,  the  office  of
 temporary  and  disability assistance, the department of corrections and
 community supervision, the state office for the aging, the department of
 health, or a local governmental unit as that term is defined in  article
 41 of the mental hygiene law or a social services district as defined in
 section  61  of the social services law, provided, however, this section
 shall not authorize the use of any title authorized pursuant to  article
 154  of  the  education  law,  except  that this section shall be deemed
 repealed one year from the date that the [regulations]  JOINT  EXECUTIVE
 AGENCIES  REPORT IS issued in accordance with SUBDIVISION TWO OF section
 six of part Y of [the] chapter FIFTY-SEVEN of the  laws  of  2018  which
 amended this subdivision [appear in the state register, or the date such

 A. 7409                             4

 regulations  are adopted, whichever is later]; provided however that the
 state education department shall notify the  legislative  bill  drafting
 commission  upon  the occurrence of the date [such] regulations REQUIRED
 BY  SECTION  SIX  OF  PART  Y OF CHAPTER FIFTY-SEVEN OF THE LAWS OF 2018
 appear in the state register and the date of  their  adoption  in  order
 that  the commission may maintain an accurate and timely effective data-
 base of the official text of the laws of the state of New York in furth-
 erance of effectuating the provisions of section 44 of  the  legislative
 law and section 70-b of the public officers law.
   § 6. Subdivision a of section 17-a of chapter 676 of the laws of 2002,
 amending  the  education  law relating to the practice of psychology, as
 amended by section 9 of part Y of chapter 57 of the  laws  of  2018,  is
 amended to read as follows:
   a.  In  relation to activities and services provided under article 153
 of the education law, nothing in this act shall prohibit or  limit  such
 activities  or  services  on  the  part of any person in the employ of a
 program or service operated,  regulated,  funded,  or  approved  by  the
 department  of  mental  hygiene  or  the  office  of children and family
 services, or a local governmental unit as that term is defined in  arti-
 cle  41  of  the  mental  hygiene  law  or a social services district as
 defined in section 61 of the social services law.  In relation to activ-
 ities and services provided under article  163  of  the  education  law,
 nothing  in this act shall prohibit or limit such activities or services
 on the part of any person in the employ of a program  or  service  oper-
 ated,  regulated,  funded,  or  approved  by  the  department  of mental
 hygiene, the office of children and family services, the  department  of
 corrections and community supervision, the office of temporary and disa-
 bility  assistance, the state office for the aging and the department of
 health or a local governmental unit as that term is defined  in  article
 41 of the mental hygiene law or a social services district as defined in
 section  61 of the social services law, pursuant to authority granted by
 law. This section shall not authorize the use of  any  title  authorized
 pursuant to article 153 or 163 of the education law by any such employed
 person,  except  as  otherwise  provided  by such articles respectively.
 This section shall be deemed repealed one year from the  date  that  the
 [regulations]  JOINT  EXECUTIVE  AGENCIES REPORT IS issued in accordance
 with SUBDIVISION TWO OF section six of part Y of  [the]  chapter  FIFTY-
 SEVEN  of the laws of 2018 which amended this subdivision [appear in the
 state register, or the date such regulations are adopted,  whichever  is
 later]; provided however that the state education department shall noti-
 fy  the  legislative bill drafting commission upon the occurrence of the
 date [such] regulations REQUIRED BY SECTION SIX OF  PART  Y  OF  CHAPTER
 FIFTY-SEVEN  OF  THE  LAWS  OF 2018 appear in the state register and the
 date of their adoption in order that  the  commission  may  maintain  an
 accurate  and timely effective database of the official text of the laws
 of the state of New York in furtherance of effectuating  the  provisions
 of  section  44  of  the  legislative law and section 70-b of the public
 officers law.
   § 7. Section 16 of chapter 130 of  the  laws  of  2010,  amending  the
 education  law  and  other laws relating to the registration of entities
 providing certain professional services and  the  licensure  of  certain
 professions,  as  amended  by  section 10 of part Y of chapter 57 of the
 laws of 2018, is amended to read as follows:
   § 16. This act shall take effect immediately; provided  that  sections
 thirteen, fourteen and fifteen of this act shall take effect immediately
 and  shall  be deemed to have been in full force and effect on and after

 A. 7409                             5

 June 1, 2010 and such sections shall be deemed repealed  one  year  from
 the  date  that the [regulations] JOINT EXECUTIVE AGENCIES REPORT issued
 in accordance with SUBDIVISION TWO OF section six of  part  Y  of  [the]
 chapter  FIFTY-SEVEN  of  the  laws  of  2018 which amended this section
 [appear in the state register, or the date such regulations are adopted,
 whichever is later]; provided however that the state  education  depart-
 ment  shall  notify  the  legislative  bill drafting commission upon the
 occurrence of the date [such] regulations REQUIRED  BY  SECTION  SIX  OF
 PART  Y  OF  CHAPTER FIFTY-SEVEN OF THE LAWS OF 2018 appear in the state
 register and the date of their adoption in order that the commission may
 maintain an accurate and timely effective database of the official  text
 of  the laws of the state of New York in furtherance of effectuating the
 provisions of section 44 of the legislative law and section 70-b of  the
 public  officers  law; provided further that the amendments to section 9
 of chapter 420 of the laws of 2002 amending the education  law  relating
 to  the  profession  of social work made by section thirteen of this act
 shall repeal on the same date as such section repeals; provided  further
 that  the  amendments to section 17-a of chapter 676 of the laws of 2002
 amending the education law relating to the practice of  psychology  made
 by  section  fourteen  of this act shall repeal on the same date as such
 section repeals.
   § 8. This act shall take effect immediately.

co-Sponsors

2021-A7409A (ACTIVE) - Details

See Senate Version of this Bill:: S6378
Current Committee:: Assembly Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§7605, 7706 & 8410, Ed L
Versions Introduced in 2023-2024 Legislative Session:: S5774

2021-A7409A (ACTIVE) - Summary

2021-A7409A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7409--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 7, 2021
                                ___________
 
 Introduced  by  M. of A. CUSICK, McDONALD, KELLES, BRABENEC -- read once
   and referred to the Committee on Higher Education  --  recommitted  to
   the  Committee on Higher Education in accordance with Assembly Rule 3,
   sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee

 AN  ACT  to  amend  the  education  law,  in relation to the delivery of
   services that are clinical in nature
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Clause 14 of subparagraph (ii) of paragraph (c) of subdivi-
 sion 10 of section 7605 of the education law, as amended by section 2 of
 part Y of chapter 57 of the laws of 2018, is amended to read as follows:
   (14)  directly  delivering  services outlined in the service plan that
 are not clinical in nature but have been tailored to an individual based
 on any diagnoses such individual  may  have  received  from  a  licensed
 professional,  PROVIDED,  HOWEVER,  SUCH  SERVICES  THAT ARE CLINICAL IN
 NATURE MAY BE DELIVERED BY PERSONS SERVING IN PROGRAMS UNDER THE  JURIS-
 DICTION  OF  THE  DEPARTMENT  OF  MENTAL HYGIENE, WHILE UNDER A LEVEL OF
 SUPERVISION BY A LICENSED PROFESSIONAL AS DETERMINED BY THE  APPROPRIATE
 MENTAL HYGIENE COMMISSIONER; and
   §  2. Clause 14 of subparagraph (ii) of paragraph (c) of subdivision 7
 of section 7706 of the education law, as amended by section 4 of part  Y
 of chapter 57 of the laws of 2018, is amended to read as follows:
   (14)  directly  delivering  services outlined in the service plan that
 are not clinical in nature but have been tailored to an individual based
 on any diagnoses such individual  may  have  received  from  a  licensed
 professional,  PROVIDED,  HOWEVER,  SUCH  SERVICES  THAT ARE CLINICAL IN
 NATURE MAY BE DELIVERED BY PERSONS SERVING IN PROGRAMS UNDER THE  JURIS-
 DICTION  OF  THE  DEPARTMENT  OF  MENTAL HYGIENE, WHILE UNDER A LEVEL OF
 SUPERVISION BY A LICENSED PROFESSIONAL AS DETERMINED BY THE  APPROPRIATE
 MENTAL HYGIENE COMMISSIONER; and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11070-03-2

 A. 7409--A                          2
 
   §  3. Clause 14 of subparagraph (ii) of paragraph (c) of subdivision 8
 of section 8410 of the education law, as amended by section 5 of part  Y
 of chapter 57 of the laws of 2018, is amended to read as follows:
   (14)  directly  delivering  services outlined in the service plan that
 are not clinical in nature but have been tailored to an individual based
 on any diagnoses such individual  may  have  received  from  a  licensed
 professional,  PROVIDED,  HOWEVER,  SUCH  SERVICES  THAT ARE CLINICAL IN
 NATURE MAY BE DELIVERED BY PERSONS SERVING IN PROGRAMS UNDER THE  JURIS-
 DICTION  OF  THE  DEPARTMENT  OF  MENTAL HYGIENE, WHILE UNDER A LEVEL OF
 SUPERVISION BY A LICENSED PROFESSIONAL AS DETERMINED BY THE  APPROPRIATE
 MENTAL HYGIENE COMMISSIONER; and
   § 4. This act shall take effect June 24, 2022.

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Assembly Bill A7409A

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Sponsored By

CUSICK

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

John T. McDonald III

Anna Kelles

Karl Brabenec

2021-A7409 - Details

2021-A7409 - Summary

2021-A7409 - Bill Text download pdf

co-Sponsors

John T. McDonald III

Anna Kelles

Karl Brabenec

2021-A7409A (ACTIVE) - Details

2021-A7409A (ACTIVE) - Summary

2021-A7409A (ACTIVE) - Bill Text download pdf

Comments