Assembly Bill A11440

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

                                  11440

                          I N  A S S E M B L Y

                              June 14, 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  the  education law, chapter 420 of the laws of 2002,
  amending the education law relating to the profession of social  work,
  chapter  676  of the laws of 2002, amending the education law relating
  to the practice of psychology, and a  chapter  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  proposed  in  legislative  bills  numbers
  S.5921-A  and  A.8897-A,  in  relation to the registration of entities
  providing certain professional services and the licensure  of  certain
  professions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph f of subdivision  1  of  section  6503-a  of  the
education  law, as amended by a chapter 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 proposed  in  legislative  bills  numbers  S.5921-A  and
A.8897-A, is amended to read as follows:
  f.  Each officer and director of such entity shall provide an attesta-
tion regarding his or her good moral character as required  pursuant  to
paragraph  h  of  this  subdivision. [Such statement shall set forth any
criminal  convictions,  pending  criminal  charges,  determinations   of
professional  misconduct, pending charges of professional misconduct, or
any limitations on professional practice.]  The  commissioner  shall  be
further  authorized  to  promulgate rules or regulations relating to the
standards of the waiver for entities  pursuant  to  this  section.  Such
regulations  shall include standards relating to the entity's ability to
provide services, the  entity's  maintenance  of  patient  and  business
records,  the  entity's fiscal policies, and such other standards as may
be prescribed by the commissioner.
  S 2. Subdivision 3 of section 6503-a of the education law, as  amended
by  a  chapter  of the laws of 2010 amending the education law and other

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

                                                           LBD12280-01-0

A. 11440                            2

laws relating to the registration of entities providing certain  profes-
sional services and the licensure of certain professions, as proposed in
legislative  bills  numbers S.5921-A and A.8897-A, is amended to read as
follows:
  3.  Nothing  in this section shall be construed to limit the authority
of another state agency  to  certify,  license,  CONTRACT  or  otherwise
authorize  an  entity applying for a waiver pursuant to this section, if
such state agency is otherwise authorized under another provision of law
to certify, license, CONTRACT or authorize such an entity, nor  shall  a
waiver  pursuant to this section be construed to provide an exemption of
such entity from any certification, licensure, NEED TO CONTRACT  or  any
other  such  requirement  established  BY SUCH STATE AGENCY OR under any
other provision of law. If a state agency determines that  such  certif-
ication, licensure, CONTRACT or other authorization is required, a waiv-
er pursuant to this section shall not [independently] have the effect of
authorizing  the  provision of professional services under the jurisdic-
tion of such agency  in  the  absence  of  certification,  licensure,  A
CONTRACT  or other authorization from such STATE agency, and the depart-
ment shall consult with such agency regarding the  need  for  licensure,
CONTRACTING,  certification  or authorization [to the extent required in
the regulations of the commissioner]. In determining an application  for
a  waiver  pursuant  to this section, the department shall consider as a
factor in such determination any denial of an operating  certificate  or
other  authority  to  provide  the  services authorized pursuant to this
section by a New York state or federal  agency,  political  subdivision,
municipal corporation, or local government agency or unit, AND SHALL NOT
APPROVE  A WAIVER APPLICATION AUTHORIZING AN ENTITY TO PROVIDE A PROGRAM
OR SERVICES WHERE THE ENTITY OPERATED SUCH A PROGRAM  OR  PROVIDED  SUCH
SERVICES  FOR  WHICH AN OPERATING CERTIFICATE OR LICENSE IS PENDING, WAS
DISAPPROVED OR WAS REVOKED, OR A WRITTEN AUTHORIZATION OR  CONTRACT  WAS
TERMINATED  FOR  CAUSE, BY ONE OF SUCH AGENCIES, EXCEPT UPON APPROVAL OF
SUCH ACTION BY THE APPROPRIATE STATE AGENCY. SUCH STATE  AGENCIES  SHALL
NOTIFY  THE  DEPARTMENT,  UPON  REQUEST AND WITHIN A FIFTEEN DAY PERIOD,
WHETHER A WAIVER APPLICANT HAS BEEN SUBJECT TO SUCH DISAPPROVAL, REVOCA-
TION OR TERMINATION FOR CAUSE OR HAS A PENDING APPLICATION FOR A LICENSE
OR OPERATING CERTIFICATE.
  S 3. Section 9 of chapter 420 of the laws of 2002 amending the  educa-
tion  law  relating  to  the  profession of social work, as amended by a
chapter 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 proposed in legis-
lative bills numbers S.5921-A  and  A.8897-A,  is  amended  to  read  as
follows:
  S  9. 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 department of
correctional services, 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 on July 1, 2013; provided, further, however, that on or  before
[July  1,  2011,  each  such  state agency, local governmental unit, and
social services district, either individually or on a group basis, shall

A. 11440                            3

submit to the commissioner of education a report on the  utilization  of
personnel  subject  to the provisions of this section. Such report shall
include but not be limited to: identification of  tasks  and  activities
performed   by   such  personnel  categorized  as  tasks  and  functions
restricted to licensed personnel and tasks and  functions  that  do  not
require  a  license  under article 154 of the education law; analysis of
costs associated with employing only appropriately licensed or otherwise
authorized personnel to perform tasks and functions that require  licen-
sure under such article 154, including salary costs and costs associated
with  providing support to unlicensed personnel in obtaining appropriate
licensure. Such report shall also include an action plan detailing meas-
ures through which each such entity shall, no later than July  1,  2013,
employ  only licensed or otherwise authorized personnel to perform tasks
and functions requiring licensure, and shall include plans to assist the
entity's employees to become licensed,  recommendations  on  alternative
pathways  toward  licensure,  information related to reassignment, reap-
pointment, transfer, or reclassification of  personnel,  and  any  other
such  support  necessary  to ensure an appropriately licensed workforce.
The commissioner of education shall, after consultation with state agen-
cies, not-for-profit providers,  professional  associations,  consumers,
and other key stakeholders, submit a report to the speaker of the assem-
bly, the temporary president of the senate, and the chairs of the senate
and  assembly  education  committees  by  July  1, 2012 to recommend any
amendments to law, rule or regulation necessary to fully  implement  the
requirements for licensure by July 1, 2013.] OCTOBER 1, 2010, EACH STATE
AGENCY  IDENTIFIED  IN THIS SUBDIVISION SHALL SUBMIT TO THE COMMISSIONER
OF EDUCATION DATA, IN SUCH FORM AND DETAIL AS REQUESTED BY  THE  COMMIS-
SIONER  OF  EDUCATION, CONCERNING THE FUNCTIONS PERFORMED BY ITS SERVICE
PROVIDER WORKFORCE AND THE  SERVICE  PROVIDER  WORKFORCE  OF  THE  LOCAL
GOVERNMENTAL  UNITS  AND  SOCIAL  SERVICES  DISTRICTS AS DEFINED IN THIS
SUBDIVISION OVER  WHICH  THE  AGENCY  HAS  REGULATORY  AUTHORITY.  AFTER
RECEIPT OF SUCH DATA, THE COMMISSIONER SHALL CONVENE A WORKGROUP OF SUCH
STATE  AGENCIES  FOR THE PURPOSE OF REVIEWING SUCH DATA AND ALSO TO MAKE
RECOMMENDATIONS REGARDING AMENDMENTS TO LAW, RULE OR  REGULATION  NECES-
SARY  TO  CLARIFY  WHICH  TASKS AND ACTIVITIES MUST BE PERFORMED ONLY BY
LICENSED OR OTHERWISE AUTHORIZED PERSONNEL. NO  LATER  THAN  JANUARY  1,
2011,  AFTER  CONSULTATION  WITH SUCH WORK GROUP, THE COMMISSIONER SHALL
DEVELOP CRITERIA FOR THE REPORT REQUIRED PURSUANT TO  SUBDIVISION  B  OF
THIS SECTION AND SHALL WORK WITH SUCH STATE AGENCIES BY PROVIDING ADVICE
AND GUIDANCE REGARDING WHICH TASKS AND ACTIVITIES MUST BE PERFORMED ONLY
BY LICENSED OR OTHERWISE AUTHORIZED PERSONNEL.
  B.  ON OR BEFORE JULY 1, 2011, EACH SUCH STATE AGENCY, AFTER CONSULTA-
TION WITH LOCAL GOVERNMENTAL UNITS  AND  SOCIAL  SERVICES  DISTRICTS  AS
DEFINED IN SUBDIVISION A OF THIS SECTION OVER WHICH THE AGENCY HAS REGU-
LATORY AUTHORITY, SHALL SUBMIT TO THE COMMISSIONER OF EDUCATION A REPORT
ON  THE  UTILIZATION  OF  PERSONNEL  SUBJECT  TO  THE PROVISIONS OF THIS
SECTION. SUCH REPORT SHALL INCLUDE BUT NOT BE LIMITED TO: IDENTIFICATION
OF TASKS AND ACTIVITIES PERFORMED BY SUCH PERSONNEL CATEGORIZED AS TASKS
AND FUNCTIONS RESTRICTED TO LICENSED PERSONNEL AND TASKS  AND  FUNCTIONS
THAT  DO  NOT  REQUIRE A LICENSE UNDER ARTICLE 154 OF THE EDUCATION LAW;
ANALYSIS OF COSTS ASSOCIATED WITH EMPLOYING ONLY APPROPRIATELY  LICENSED
OR  OTHERWISE  AUTHORIZED  PERSONNEL TO PERFORM TASKS AND FUNCTIONS THAT
REQUIRE LICENSURE UNDER SUCH ARTICLE 154,  INCLUDING  SALARY  COSTS  AND
COSTS  ASSOCIATED  WITH  PROVIDING  SUPPORT  TO  UNLICENSED PERSONNEL IN
OBTAINING APPROPRIATE LICENSURE.  SUCH  REPORT  SHALL  ALSO  INCLUDE  AN
ACTION  PLAN DETAILING MEASURES THROUGH WHICH EACH SUCH ENTITY SHALL, NO

A. 11440                            4

LATER THAN JULY 1, 2013, COMPLY WITH PROFESSIONAL LICENSURE LAWS  APPLI-
CABLE TO SERVICES PROVIDED AND MAKE RECOMMENDATIONS ON ALTERNATIVE PATH-
WAYS TOWARD LICENSURE.
  C.    THE COMMISSIONER OF EDUCATION SHALL, AFTER RECEIPT OF THE REPORT
REQUIRED UNDER THIS SECTION, AND AFTER CONSULTATION WITH STATE AGENCIES,
NOT-FOR-PROFIT  PROVIDERS,  PROFESSIONAL  ASSOCIATIONS,  CONSUMERS,  AND
OTHER  KEY STAKEHOLDERS, SUBMIT A REPORT TO THE GOVERNOR, THE SPEAKER OF
THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE  CHAIRS  OF
THE  SENATE  AND ASSEMBLY HIGHER EDUCATION COMMITTEES BY JULY 1, 2012 TO
RECOMMEND ANY AMENDMENTS TO LAW, RULE OR REGULATION NECESSARY  TO  FULLY
IMPLEMENT  THE  REQUIREMENTS FOR LICENSURE BY JULY 1, 2013.  OTHER STATE
AGENCY COMMISSIONERS SHALL BE PROVIDED AN OPPORTUNITY TO INCLUDE  STATE-
MENTS OR ALTERNATIVE RECOMMENDATIONS IN SUCH REPORT.
  S  4. Subdivision b 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 a chapter 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
proposed in legislative bills numbers S.5921-A and A.8897-A, is  amended
to read as follows:
  b. This section shall be deemed repealed July 1, 2013 provided, howev-
er,  that  on  or  before  [July  1, 2011, each such state agency, local
governmental unit, and social services district, either individually  or
on a group basis, shall submit to the commissioner of education a report
on  the  utilization  of  personnel  subject  to  the provisions of this
section. Such report shall include but not be limited to: identification
of tasks and activities performed by such personnel categorized as tasks
and functions restricted to licensed personnel and tasks  and  functions
that  do not require a license under article 153 or 163 of the education
law; analysis of costs  associated  with  employing  only  appropriately
licensed  or  otherwise  authorized personnel to perform tasks and func-
tions that require licensure under such article 153  or  163,  including
salary  costs  and costs associated with providing support to unlicensed
personnel in obtaining appropriate licensure.  Such  report  shall  also
include an action plan detailing measures through which each such entity
shall,  no  later  than  July 1, 2013, employ only licensed or otherwise
authorized personnel to perform tasks and functions requiring licensure,
and shall include plans to  assist  the  entity's  employees  to  become
licensed,  recommendations  on  alternative  pathways  toward licensure,
information related to reassignment, reappointment, transfer, or reclas-
sification of personnel, and any other such support necessary to  ensure
an  appropriately  licensed  workforce.  The  commissioner  of education
shall, after consultation with state agencies, not-for-profit providers,
professional associations, consumers, and other key stakeholders, submit
a report to the speaker of the assembly, the temporary president of  the
senate,  and  the  chairs  of  the  senate and assembly higher education
committees by July 1, 2012 to recommend any amendments to law,  rule  or
regulation  necessary  to fully implement the requirements for licensure
by July 1, 2013.] OCTOBER 1,  2010,  EACH  STATE  AGENCY  IDENTIFIED  IN
SUBDIVISION A OF THIS SECTION SHALL SUBMIT TO THE COMMISSIONER OF EDUCA-
TION  DATA,  IN SUCH FORM AND DETAIL AS REQUESTED BY THE COMMISSIONER OF
EDUCATION, CONCERNING THE FUNCTIONS PERFORMED BY  ITS  SERVICE  PROVIDER
WORKFORCE  AND  THE SERVICE PROVIDER WORKFORCE OF THE LOCAL GOVERNMENTAL
UNITS AND SOCIAL SERVICES DISTRICTS AS DEFINED IN SUBDIVISION A OF  THIS
SECTION OVER WHICH THE AGENCY HAS REGULATORY AUTHORITY. AFTER RECEIPT OF
SUCH  DATA,  THE  COMMISSIONER  SHALL  CONVENE A WORKGROUP OF SUCH STATE

A. 11440                            5

AGENCIES FOR THE PURPOSE OF REVIEWING SUCH DATA AND ALSO TO MAKE  RECOM-
MENDATIONS  REGARDING AMENDMENTS TO LAW, RULE OR REGULATION NECESSARY TO
CLARIFY WHICH TASKS AND ACTIVITIES MUST BE PERFORMED ONLY BY LICENSED OR
OTHERWISE  AUTHORIZED  PERSONNEL.  NO  LATER THAN JANUARY 1, 2011, AFTER
CONSULTATION WITH SUCH WORKGROUP, THE COMMISSIONER SHALL DEVELOP  CRITE-
RIA  FOR  THE REPORT REQUIRED PURSUANT TO PARAGRAPH ONE OF THIS SUBDIVI-
SION AND SHALL WORK WITH SUCH STATE AGENCIES  BY  PROVIDING  ADVICE  AND
GUIDANCE  REGARDING WHICH TASKS AND ACTIVITIES MUST BE PERFORMED ONLY BY
LICENSED OR OTHERWISE AUTHORIZED PERSONNEL.
  1. ON OR BEFORE JULY 1, 2011, EACH SUCH STATE AGENCY, AFTER  CONSULTA-
TION  WITH  LOCAL  GOVERNMENTAL  UNITS  AND SOCIAL SERVICES DISTRICTS AS
DEFINED IN SUBDIVISION A OF THIS SECTION OVER WHICH THE AGENCY HAS REGU-
LATORY AUTHORITY, SHALL SUBMIT TO THE COMMISSIONER OF EDUCATION A REPORT
ON THE UTILIZATION OF  PERSONNEL  SUBJECT  TO  THE  PROVISIONS  OF  THIS
SECTION. SUCH REPORT SHALL INCLUDE BUT NOT BE LIMITED TO: IDENTIFICATION
OF TASKS AND ACTIVITIES PERFORMED BY SUCH PERSONNEL CATEGORIZED AS TASKS
AND  FUNCTIONS  RESTRICTED TO LICENSED PERSONNEL AND TASKS AND FUNCTIONS
THAT DO NOT REQUIRE A LICENSE UNDER ARTICLE 153 OR 163 OF THE  EDUCATION
LAW;  ANALYSIS  OF  COSTS  ASSOCIATED  WITH EMPLOYING ONLY APPROPRIATELY
LICENSED OR OTHERWISE AUTHORIZED PERSONNEL TO PERFORM  TASKS  AND  FUNC-
TIONS  THAT  REQUIRE  LICENSURE UNDER SUCH ARTICLE 153 OR 163, INCLUDING
SALARY COSTS AND COSTS ASSOCIATED WITH PROVIDING SUPPORT  TO  UNLICENSED
PERSONNEL  IN  OBTAINING  APPROPRIATE  LICENSURE. SUCH REPORT SHALL ALSO
INCLUDE AN ACTION PLAN DETAILING MEASURES THROUGH WHICH EACH SUCH ENTITY
SHALL, NO LATER THAN JULY 1, 2013, COMPLY  WITH  PROFESSIONAL  LICENSURE
LAWS  APPLICABLE TO SERVICES PROVIDED AND MAKE RECOMMENDATIONS ON ALTER-
NATIVE PATHWAYS TOWARD LICENSURE.
  2.  THE COMMISSIONER OF EDUCATION SHALL, AFTER RECEIPT OF THE  REPORTS
REQUIRED UNDER THIS SECTION, AND AFTER CONSULTATION WITH STATE AGENCIES,
NOT-FOR-PROFIT  PROVIDERS,  PROFESSIONAL  ASSOCIATIONS,  CONSUMERS,  AND
OTHER KEY STAKEHOLDERS, SUBMIT A REPORT TO THE GOVERNOR, THE SPEAKER  OF
THE  ASSEMBLY,  THE TEMPORARY PRESIDENT OF THE SENATE, AND THE CHAIRS OF
THE SENATE AND ASSEMBLY HIGHER EDUCATION COMMITTEES BY JULY 1,  2012  TO
RECOMMEND  ANY  AMENDMENTS TO LAW, RULE OR REGULATION NECESSARY TO FULLY
IMPLEMENT THE REQUIREMENTS FOR LICENSURE BY JULY 1, 2013.   OTHER  STATE
AGENCY  COMMISSIONERS SHALL BE PROVIDED AN OPPORTUNITY TO INCLUDE STATE-
MENTS OR ALTERNATIVE RECOMMENDATIONS IN SUCH REPORT.
  S 5. Section 15 of a chapter of the laws of 2010 amending  the  educa-
tion law and other laws relating to the registration of entities provid-
ing   certain   professional  services  and  the  licensure  of  certain
professions, as proposed  in  legislative  bills  numbers  S.5921-A  and
A.8897-A, is renumbered section 16 and a new section 15 is added to read
as follows:
  S  15. NOT-FOR-PROFIT ENTITIES WHICH PROVIDE PROGRAMS AND SERVICES FOR
WHICH AN EXEMPTION RELATING TO THE PROFESSIONS IS PROVIDED  PURSUANT  TO
SECTIONS  THIRTEEN  AND  FOURTEEN  OF  THIS ACT SHALL NOT BE REQUIRED TO
RECEIVE A WAIVER PURSUANT TO SECTION 6503-A OF  THE  EDUCATION  LAW,  AS
ESTABLISHED  PURSUANT TO SECTION ONE OF THIS ACT, AND FURTHER SUCH ENTI-
TIES SHALL BE CONSIDERED TO BE APPROVED  SETTINGS  FOR  THE  RECEIPT  OF
SUPERVISED  EXPERIENCE FOR THE PROFESSIONS GOVERNED BY ARTICLES 153, 154
AND 163 OF THE EDUCATION LAW.
  S 6. Section 16 of a chapter of the laws of 2010 amending  the  educa-
tion law and other laws relating to the registration of entities provid-
ing   certain   professional  services  and  the  licensure  of  certain
professions, as proposed  in  legislative  bills  numbers  S.5921-A  and

A. 11440                            6

A.8897-A,  as  renumbered by section five of this act is amended to read
as follows:
  S  16.  This act shall take effect immediately; provided that [if this
act shall have become a law  after  June  1,  2010,]  sections  thirteen
[and],  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
June  1,  2010  AND SUCH SECTIONS SHALL BE DEEMED REPEALED JULY 1, 2013;
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  educa-
tion law relating to the practice of psychology made by section fourteen
of this act shall repeal on the same date as such section repeals.
  S  7.  This  act  shall  take  effect on the same date and in the same
manner as a chapter 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
proposed  in  legislative  bills  numbers  S.5921-A  and A.8897-A, takes
effect.