S T A T E O F N E W Y O R K
________________________________________________________________________
7749
I N S E N A T E
May 6, 2010
___________
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
AN ACT to amend chapter 420 of the laws of 2002 amending the education
law relating to the profession of social work, and to amend chapter
676 of the laws of 2002 amending the education law relating to defin-
ing the practice of psychology, in relation to the professions of
social work and mental health practitioners
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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 1 of part II of chapter 57 of the laws of 2009, is amended to
read as follows:
S 9. 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 or the office of children and family services,] A STATE AGENCY
AS DEFINED IN SECTION 32 OF THE EXECUTIVE LAW 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law, except that this section shall be deemed repealed on June 1, [2010]
2014; AND PROVIDED FURTHER, HOWEVER, THAT SUCH ENTITIES SHALL ANNUALLY
REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY, THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE
ASSEMBLY WAYS AND MEANS COMMITTEE AND THE CHAIRS OF THE HIGHER EDUCATION
COMMITTEES IN BOTH HOUSES OF THE LEGISLATURE ON THEIR PROGRESS TOWARDS
COMPLIANCE WITH ARTICLE 154 OF THE EDUCATION LAW BY JUNE 1 OF EACH YEAR
UNTIL THIS SECTION IS REPEALED.
S 2. Section 17-a of chapter 676 of the laws of 2002 amending the
education law relating to defining the practice of psychology, as
amended by section 2 of part II of chapter 57 of the laws of 2009, is
amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17176-01-0
S. 7749 2
S 17-a. [Nothing] A. IN RELATION TO ACTIVITIES AND SERVICES PROVIDED
UNDER ARTICLE 153 OF THE EDUCATION LAW, NOTHING in this act shall
prohibit or limit [the] SUCH activities or services on the part of any
person in the employ of a program or service operated, regulated, fund-
ed, 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 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 author-
ized pursuant to article 153 or 163 of the education law, except as
otherwise provided by such articles, except that this section shall be
deemed repealed on June 1, 2010]. IN RELATION TO ACTIVITIES 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 OPERATED, REGULATED,
FUNDED OR APPROVED BY A STATE AGENCY AS DEFINED IN SECTION 32 OF THE
EXECUTIVE LAW 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, OR PURSUANT TO AUTHOR-
ITY 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.
B. THIS SECTION SHALL BE DEEMED REPEALED JULY 1, 2014, PROVIDED,
HOWEVER, THAT ENTITIES DESCRIBED IN SUBDIVISION A OF THIS SECTION SHALL
ANNUALLY REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF
THE ASSEMBLY, THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF
THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE CHAIRS OF THE HIGHER
EDUCATION COMMITTEES IN BOTH HOUSES OF THE LEGISLATURE ON THEIR PROGRESS
TOWARDS COMPLIANCE WITH ARTICLE 163 OF THE EDUCATION LAW BY JUNE 1 OF
EACH YEAR UNTIL THIS SECTION IS REPEALED.
S 3. This act shall take effect immediately and be deemed to have been
in full force and effect on and after April 1, 2010.