Assembly Bill A11103

2009-2010 Legislative Session

Extends certain provisions relating to the professions of social work and mental health practitioners

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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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 17, 2010	referred to ways and means

2009-A11103 (ACTIVE) - Details

Current Committee:: Assembly Ways And Means
Law Section:: Education
Laws Affected:: Amd §9, Chap 420 of 2002; amd §17-a, Chap 676 of 2002

2009-A11103 (ACTIVE) - Summary

Extends certain provisions relating to the professions of social work and mental health practitioners; directs the commissioner of education to convene a workgroup of state representatives to make recommendations to the governor and legislature.

2009-A11103 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A11103

TITLE OF BILL:  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  relat-
ing  to  defining  the  practice  of  psychology,  in  relation  to  the
professions of social work and mental health practitioners

Purpose:  This bill would extend, until July 1, 2014, the exemption  for
employees of the Department of Mental Hygiene (DMH), the Office of Chil-
dren and Family Services (OCFS), other State agencies, and local govern-
ment  operated,  regulated,  funded  or  approved  programs from certain
social  work,  psychology  and  mental  health  professional   licensure
requirements.  It  also  establishes  a  workgroup, chaired by the State
Education Department, to make specific recommendations on this matter to
the Governor and Legislature by October 1, 2011.

Summary of Provisions:  This bill would amend Chapters 420  and  676  of
the  Laws of 2002, relating to the licensure of social workers, psychol-
ogists  and  other  mental  health  professionals.  Both  laws   include
provisions  that  exempt  DMH,  OCFS  and  local government programs and
providers from meeting licensure requirements  until  January  1,  2010.
Chapter 57 of the Laws of 2009 extended the exemptions for an additional
six  months,  from  January  1,  2010, to. June 1, 2010. This bill would
further extend the exemptions from June 1, 2010, to July  1,  2014.  The
bill  would  also  require the State Education Commissioner to convene a

workgroup of  representatives  from  State  agencies,  local  government
mental  hygiene  and social services departments, not-for-profit provid-
ers, professional associations and consumers, and other  key  stakehold-
ers,  Such workgroup shall report on the costs of compliance, the poten-
tial implementation process, the impact  on  stakeholders  and  services
from  compliance,  and  shall  make  recommendations to the Governor and
Legislature by October 1, 2011 with respect to any necessary  amendments
to law, rule or regulation.

The  purpose  of  these exemptions is to allow for continued flexibility
for State and local government entities in the delivery of mental health
services while the full impact of the law is evaluated and while  recom-
mendations are developed in professional licensure standards in programs
under  the  jurisdiction  of  such  governmental entities. The licensing
requirements contain strict standards for education and experience  that
must  be met to qualify for licensure. Many individuals, including para-
professionals, may be performing tasks that fall  within  the  scope  of
practice  of these licensed professions but have not attained the educa-
tion and experience required for licensure.  Since  many  State-operated
and  local  mental health programs rely on social workers, psychologists
and other mental health professionals to perform counseling, psychother-
apy, and case management, failure to extend the exemption would  have  a
significant  negative  impact  on the delivery of mental health services
and may require the State and local governments to lay off social  work-
ers  and  other  mental  health  professionals  who  do not meet current
licensing standards and replace them with licensed individuals.

Statement in Support and Budgetary Implications:    Absent  this  legis-
lation,  Licensed  Master Social Workers (LMSW) would also be prohibited
from supervising Licensed Clinical Social Workers (LCSW) and  could  not
practice  clinical  social  work unless they received supervision from a
LCSW, Licensed Psychologist, or Psychiatrist. Since LMSWs cannot provide
clinical services without supervision, the sunset of the exemption would
also  require  State  and  local  governments  to hire a large number of
LCSWs, Psychologists and Psychiatrists. This would also likely create  a
disruption  in the supervisory staffing patterns and succession planning
issues as LMSWs will no longer be able to serve  as  clinical.  supervi-
sors.  Given that the State faces a clinical staffing shortage, this may
negatively impact services.

Enactment of this bill would allow the State to avoid costs projected at
$62 million per year, and voluntary providers to  avoid  costs  of  $227
million  per  year.  Such additional costs would be required to hire and
replace existing employees who  lack  the  licensing  requirements  that
would be in effect absent this legislation.

2009-A11103 (ACTIVE) - Bill Text download pdf

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

                                  11103

                          I N  A S S E M B L Y

                              May 17, 2010
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
  once and referred to the Committee on Ways and Means

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, 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] A NEW  YORK  STATE  OR  FEDERAL  AGENCY,  POLITICAL
SUBDIVISION,  MUNICIPAL  CORPORATION  OR LOCAL GOVERNMENT AGENCY OR UNIT
PURSUANT TO AUTHORITY GRANTED BY 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] JULY 1, 2014. THE COMMISSIONER OF EDUCATION
SHALL CONVENE  A  WORKGROUP  OF  REPRESENTATIVES  FROM  STATE  AGENCIES,
INCLUDING,  BUT  NOT LIMITED TO THE OFFICES OF MENTAL HEALTH, ALCOHOLISM
AND SUBSTANCE ABUSE SERVICES, MENTAL RETARDATION AND DEVELOPMENTAL DISA-
BILITIES, CHILDREN AND FAMILY SERVICES, LOCAL GOVERNMENT MENTAL  HYGIENE
AND  SOCIAL SERVICES DEPARTMENTS, NOT-FOR-PROFIT PROVIDERS, PROFESSIONAL
ASSOCIATIONS AND CONSUMERS, AND OTHER KEY STAKEHOLDERS.  SUCH  WORKGROUP
SHALL  REPORT  ON  THE COSTS OF COMPLIANCE, THE POTENTIAL IMPLEMENTATION
PROCESS, THE IMPACT ON STAKEHOLDERS AND SERVICES  FROM  COMPLIANCE,  AND
SHALL MAKE RECOMMENDATIONS TO THE GOVERNOR AND LEGISLATURE BY OCTOBER 1,

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

                                                           LBD12230-03-0

A. 11103                            2

2011   WITH  RESPECT  TO  ANY  NECESSARY  AMENDMENTS  TO  LAW,  RULE  OR
REGULATION.
  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:
  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 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 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 NEW YORK STATE  OR  FEDERAL  AGENCY,  POLITICAL
SUBDIVISION,  MUNICIPAL  CORPORATION  OR LOCAL GOVERNMENT AGENCY OR UNIT
PURSUANT TO AUTHORITY GRANTED BY LAW.
  B.  THIS SECTION SHALL BE DEEMED REPEALED ON JULY  1,  2014  PROVIDED,
HOWEVER, THAT THE COMMISSIONER OF EDUCATION SHALL CONVENE A WORKGROUP OF
REPRESENTATIVES  FROM  STATE AGENCIES, INCLUDING, BUT NOT LIMITED TO THE
OFFICES OF MENTAL  HEALTH,  ALCOHOLISM  AND  SUBSTANCE  ABUSE  SERVICES,
MENTAL  RETARDATION  AND DEVELOPMENTAL DISABILITIES, CHILDREN AND FAMILY
SERVICES, LOCAL GOVERNMENT MENTAL HYGIENE AND  SOCIAL  SERVICES  DEPART-
MENTS,  NOT-FOR-PROFIT  PROVIDERS, PROFESSIONAL ASSOCIATIONS AND CONSUM-
ERS, AND OTHER KEY STAKEHOLDERS. SUCH  WORKGROUP  SHALL  REPORT  ON  THE
COSTS OF COMPLIANCE, THE POTENTIAL IMPLEMENTATION PROCESS, THE IMPACT ON
STAKEHOLDERS  AND  SERVICES  FROM COMPLIANCE, AND SHALL MAKE RECOMMENDA-
TIONS TO THE GOVERNOR AND LEGISLATURE BY OCTOBER 1, 2011 WITH RESPECT TO
ANY NECESSARY AMENDMENTS TO LAW, RULE OR REGULATION.
  S 3. This act shall take effect immediately.

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Assembly Bill A11103

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Archive: Last Bill Status - In Assembly Committee

Actions

2009-A11103 (ACTIVE) - Details

2009-A11103 (ACTIVE) - Summary

2009-A11103 (ACTIVE) - Sponsor Memo

2009-A11103 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

Actions

2009-A11103 (ACTIVE) - Details

2009-A11103 (ACTIVE) - Summary

2009-A11103 (ACTIVE) - Sponsor Memo

2009-A11103 (ACTIVE) - Bill Text download pdf

Comments