NY State Senate Bill 2009-S7484

Senate Bill S7484

2009-2010 Legislative Session

Grants an exemption from licensing requirements for certain social work and mental health professionals employed by certain corporations

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Archive: Last Bill Status - In Senate Committee Higher Education 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 14, 2010	referred to higher education

2009-S7484 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd Ed L, generally; amd §9, Chap 420 of 2002; amd §17-a, Chap 676 of 2002

2009-S7484 (ACTIVE) - Summary

Grants an exemption from licensing requirements for certain social work and mental health professionals employed by certain not-for-profit corporations, education corporations and business corporations if such corporations register with the education department; extends the expiration of provisions of law establishing licensing for social workers and mental health practitioners; directs the commissioner of education to convene working groups to study such provisions of law.

2009-S7484 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7484

 TITLE OF BILL :
An act to amend the education law, in relation to the registration of
entities providing certain professional services and the licensure of
certain professionals; to amend chapter 420 of the laws of 2002,
amending the education law relating to the profession of social work,
in relation to the effect of such provisions on certain governmental
entities and the effectiveness thereof; and to amend chapter 676 of
the laws of 2002, amending the education law relating to mental health
care practitioners, in relation to the effect of such provisions on
certain governmental entities and the effectiveness thereof


 PURPOSE OF THE BILL :
The purpose of this bill is to prevent the disruption of services to
the public in the professions of licensed master social work, licensed
clinical social work, licensed mental health counseling, licensed
marriage and family therapy, licensed creative arts therapy, licensed
psychoanalysis, and licensed psychology by creating an exemption from
corporate practice prohibitions for not-for-profit corporations,
education corporations, firms, business corporations, and other
business entities that provide professional services in these
professions, provided that the entities register with the State
Education Department ("Department") by July 1, 2011. Upon such
registration, the bill would permit such entities to employ licensed

professionals or contract with professional business entities to
provide such professional services. Additionally, the bill would
recognize work experience gained by individuals employed by such
entities and would permit such individuals to apply this experience
towards the experience qualifications for professional licensure.

 SUMMARY OF PROVISIONS OF THE BILL :
Section 1 of the bill would set forth the legislative intent of the
bill.

Section 2 of the bill would add a new §6503-a to Title VIII of the
Education Law to allow the Department to authorize not-for-profit
corporations, education corporations, firms, business corporations and
other. business entities that offer services provided by professionals
licensed under Education Law Article 154 (social work) or Article 163
(mental health practitioners) of the Education Law or services
constituting the provision of psychotherapy as defined in Education
Law §8401(2) and authorized and provided under Education Law Article
131 (medicine), 139 (nursing) or 153 (psychology) and that are not
otherwise authorized by law to provide such professional services, to
provide these professional services upon registering with the
Department by July 1, 2011. New § 6503-a would provide that any such
entity offering such professional services on this bill's effective
date would be deemed registered by the Department until submission of
an application for registration to the Department or until 120 days
after the Department prescribes an application form, whichever is
 EARLIER  .ct. Upon its submission of such application, the entity
would be considered registered by the Department and would continue to
be considered registered unless and until its application is denied.
Notably, §6503-a would clarify that certain business entities would
not be required to register under the section, including (1)
appropriately organized professional business entities established
under the Business Corporation Law, the Limited Liability Company Law
or the Partnership Law; (2) certain entities operated by New York
State or federal agencies, political subdivisions, municipal
corporations, or local government agencies or units, (3) entities
operated under properly issued operating certificates, (4) a
university faculty practice. corporation established under the
Not-for-Profit corporation Law, (5) institutions of higher education
authorized to offer, programs leading to licensure in the affected
professions that provide services as part of a registered program, and
(6) institutions o f higher education that provide counseling to
students or staff and their families.

New §6503-a would require the entity to submit an application for
registration, as prescribed by the Commissioner of Education, and pay
an initial registration fee of $400.00 and a triennial registration
fee of $150.00 thereafter. Upon registration, the entity would be
required to disclose the scope of its practice, the names of its
owners, operators, directors, shareholder and officers, a listing of
any other jurisdiction in which it intends to provide services, and a
list of the professions under Title VIII of the Education Law in which
it intends to employ licensees. The application would include an
attestation which would include a statement that, unless otherwise
authorized by law, the entity will only provide professional services
authorized under §6503-a and any service appropriately related
thereto, as determined by the Department, and that only licensed
professionals or persons otherwise authorized to practice such
services, or professional business entities authorized by law to
provide such services will provide the professional services as
authorized under this section.

Additionally, each shareholder, director, officer, owner, member and
partner of the registering entity would be required to provide an
attestation regarding his or her moral character, which would include
a statement disclosing any criminal convictions, pending criminal
charges, determinations of professional misconduct, pending charges of
professional misconduct, or any limitations on professional practice.
Under §6503-a, these entities would be supervised by the Regents of
the University of the State of New York and would be subject to
disciplinary action to the same extent as professionals licensed under
Title VIII of the Education Law, including revocation, suspension and
annulment.

Sections 3, 4 and 5 of the bill would add new subdivision B to §6527
(medicine), new paragraph h to subdivision 1 to §690B (nursing), and
new subdivision 9 to §7605 (psychology), respectively, to provide that
so long as an entity is registered under new §6503-a of the Education
Law, it may provide psychotherapy services (as defined in Education
Law §8401) to the extent permissible within the applicable scope of
professional practice by either a physician, nurse, or psychologist;
respectively, provided such services are provided through such an
appropriately licensed professional, or a professional business entity
authorized to provide such services.

Section 6 of the bill would add a new subdivision 6 to § 7706 of the
Education Law to specifically permit any not-for-profit corporation,
education corporation, firm, business corporation, or other lawful
business entity registered with the Department pursuant to Education
Law §6503-a to provide licensed master social work and licensed
clinical social work services, provided such services are provided by
individuals appropriately licensed or otherwise authorized to provide
such services or by an authorized professional business entity.

Section 7 of the bill would add a new subdivision 7 to §8410 of the
Education Law to specifically permit any not-for-profit corporation,
education corporation, firm, business corporation, or other lawful
business entity registered with the Department pursuant· to Education
Law §6503-a to provide mental health practitioner services, provided
such services are provided by individuals appropriately licensed or
otherwise authorized to provide such services or by an authorized
professional business entity.

Section 8 of the bill would amend paragraph c of subdivision 2 of
§7704 of the Education Law to provide that work experience in social
work gained in a setting of an entity registered pursuant to §6503-a
of the Education Law would may be applied towards the experience
qualifications required by the Department for professional licensure
as a social worker, notwithstanding that such experience may have been
obtained prior to the effective date of §6503-a and/or prior to the
registration of the setting. Education Law §7704(2) (c),as amended,
would provide that the Department may, for good cause, accept
satisfactory experience obtained in such a setting which would have
been eligible for registration but which has not yet registered with
the Department or, experience. that was obtained in good faith by the
applicant under the belief that appropriate authorization had been
obtained.

Section 9 of the bill would similarly amend paragraph c of subdivision
3 of §8402 of the Education Law to provide that experience in mental
health counseling gained in a setting of an entity registered pursuant
to §6503-a of the Education Law may be applied towards the experience
qualifications required by the Department for the licensure of an
individual as a mental health practitioner, notwithstanding that such
experience may have been obtained prior to the effective date of
§6503-a and/or prior to the registration of the setting. Education Law
§8402(3) (c), as amended, would provide that the Department may, for
good cause, accept satisfactory experience obtained in such setting
that would have been eligible for registration but which has not yet
registered with the. Department or experience that was obtained in
good faith by the applicant under the belief that appropriate
authorization had been obtained.

Section 10 of the bill would amend paragraph c of subdivision 3 of
§8403 of the Education Law to provide that experience in marriage and
family therapy gained in an entity registered pursuant to §6503-a of
the Education Law may be applied towards the experience qualifications
required by the Department for such professional licensure,
notwithstanding that such experience may have been obtained prior to
the effective date of §6503-a and/or prior to the registration of the
setting. Education Law §8403(3)(c), as amended, would provide that the
Department may, for good cause, accept satisfactory experience
obtained in a setting that would have been eligible for registration
but which has not registered with the Department or experience that
was obtained in good. faith by the applicant under the belief that
appropriate authorization had been obtained.

Section 11 of the bill would amend paragraph c of subdivision 3 of
§8404 of the Education Law to provide that experience in creative arts
therapy gained in an entity registered pursuant to new Education Law
§6503-a may be applied towards the experience qualifications required
by the Department for such professional licensure, notwithstanding
that such experience may have been obtained prior to the effective
elate of §6503-a and/or prior to the registration of the setting.
Education Law §8404(3)(c), as amended, would provide that the
Department may, for good cause, accept satisfactory experience
obtained in a setting that would have been eligible for registration
but which has not registered with the Department or experience that
was obtained in good faith by the applicant under the belief that
appropriate authorization had been obtained.

Section 12 of the bill would amend paragraph c of subdivision 3 of
§8405 of the Education Law to provide that experience in
psychoanalysis gained in an entity registered pursuant to new
Education Law §6503-a may be applied towards the experience
qualifications required by the Department for such professional
licensure, notwithstanding that such experience may have been obtained
prior to the effective date of §6503-a and/or prior to the
registration of the setting. Education Law §8405(3)(c), as amended,
would. provide that the Department may, for good cause, accept
satisfactory experience obtained in a setting that would have been
eligible for registration but which has not registered with the
Department or experience that was obtained in good faith by the
applicant under the belief that appropriate authorization had been
obtained.

Section 13 of the bill would amend Chapter 420 of the Laws of 2002,
amending the Education Law in relation to social work, to (1) expand
the exemption from social work licensure requirements and from certain
corporate practice prohibitions so that the exemption would apply to
those employed in programs operated, regulated, funded, or approved by
a New York State or federal agency, political subdivision, municipal
corporation or local government agency or unit, and not just the
Department of Mental Hygiene or the Office of Children and Family
Services, or specified local government units, (2) extend the
effectiveness of Chapter 420 to July 1, 2011 and (3) provide that the
Commissioner of Education will convene a workgroup of state agencies,
not-for-profit providers, professional associations and consumers, and
other key stakeholders to recommend by January 1, 2011 any amendments
to law, rule or regulation necessary to fully implement the
requirements for licensure by the new July 1, 2011 repeal date and
whether to extend beyond July 1, 2011 the authority of the Department
to register entities in accordance with Education Law §6503-a.

Section 14 of the bill would amend Chapter 676 of the Laws of 2002,
amending the Education Law in relation to psychology and mental health
practitioners to (1) extend the effectiveness of the exemption of
psychology from certain corporate practice prohibitions to July 1,
2011, which at such time it would be repealed (2) expand the exemption
from mental health practitioner license requirements and from certain
corporate practice prohibitions so that the exemption would apply to
those employed in programs operated, regulated, funded, or approved by
a New York State or federal agency, political subdivision, municipal
corporation or local government agency or unit and to provide for the
effectiveness of such exemption until July 1, 2011, at. which time it
would be repealed, and (3) provide that the Commissioner of Education
convene a workgroup of State agencies, not-for-profit providers,
professional associations and consumers, and other key stakeholders to
recommend by January 1, 2011 any amendments to law, role or
regulations necessary to fully implement the requirements for
licensure by the new repeal date of July 1, 2011 and whether to extend
beyond July 1, 2011 the authority of the Department to register
entities in accordance with Education Law §6503-a.

Section 15 of the bill is the effective date.

 STATEMENT IN SUPPORT OF THE BILL :
Chapters 420 and 676 of the Laws of 2002 established restricted
practice for the professions of licensed master social work, licensed
clinical social work, licensed mental health counseling, licensed
manage and family therapy, licensed creative arts therapy, licensed
psychoanalysis, and licensed psychology, thereby making a range of
activities such as psychotherapy and certain types of counseling
subject to professional licensure requirements for the first time.
For decades prior to the enactment of Chapters 420 and 676,
not-for-profit corporations, education corporations, firms and
business corporations that are not professional business entities had
employed individuals to provide social work, psychotherapy and mental
health services. However, there are prohibitions against engaging in
corporate practice in these professions, and the new licensing law did
not provide a general recognition of such providers that employ
individuals licensed in these professions but who are not authorized
to do so under appropriate laws, such as the Mental Hygiene Law or
Article 28 of the Public Health Law.

Presently, the law restricts the practice of the professions of social
work and mental health practitioners and the provision of
psychotherapy services by professionals in medicine, nursing and
psychology to individuals or entities licensed by the Department.
Education Law §6512 makes it a Class E felony for an unlicensed person
to practice a licensed profession or hold oneself out as being able to
practice a licensed profession. Further, certain statutory provisions
relating to corporate practice generally prohibit the provision of
services by business corporations, not-for-profit corporations, or
non-licensee-owned entities. With certain exceptions, such as
speech-pathology and audiology, corporate practice (practice of a
profession by a corporation or other corporate entity) is generally
prohibited, with additional restrictions being applicable when
multiple professions are involved.  Such practice must be conducted in
a legally authorized setting, such as a professional business entity,
an OMH clinic, or a Public Health Law Article 28 hospital, or in an
exempt setting. The law does not provide a general exemption or
recognition of community-based providers that employ individuals in
these professions, such as Riverside Mental Health or Samaritan
Counseling. Although some of these community providers fall within
existing statutory exemptions, others do not. Therefore, the
Department cannot accept the work experience gained in such settings
by applicants for licensure and such experience cannot be applied
towards the qualifications for licensure of such applicants. Nor can
the Department issue permits to individuals to practice in such
settings if they do not have the legal authority to provide such
professional services.

Unless an exception to the restrictions on corporate practice is
provided, these entities could not continue to provide these
professional services without violating Title VIII of the Education
Law, and the Department could not accept experience gained by
practitioners employed by such entities for purposes of meeting
experience requirements for professional licensure.

To avoid the disruption of services that would result if these
entities could no longer deliver the professional services they have
been providing for many years, while assuring that the professional
services are subject to professional regulation for the protection of
the public, this bill would create an exception to corporate practice
in these professions and provide that non-professional business
entities, including not-for-profit corporations, education
corporations, firms, and business corporations, could continue to
deliver social work, psychotherapy and mental health services provided
that they obtain a registration from the Department by July 1, 2011.
Once registered, the entity would be subject to professional
regulation under Title VIII of the Education Law and would be
authorized to employ duly licensed professionals to provide such
services or to contract with professional business entities such as
professional corporations or professional limited liability companies
to deliver such services.

The bill would continue to recognize the authority of clinics and
programs authorized and regulated by certain public agencies,
including the Office of Mental Health (OMH), Office of Mental
Retardation and Developmental Disabilities (OMRDD), Office of Alcohol
and. Substance Abuse Services (OASAS), and Department of Health (DOH).

This bill would address an omission in the law, which would otherwise
affect the ability of community-based providers not otherwise
authorized, to continue to employ licensed professionals to provide
professional services in these professions. Further, it would address
issues of qualifications of applicants for professional licensure so
that experience gained in registered settings may be applied towards
the experience qualifications for professional licensure. Thus, this
bill would maintain the status quo and allow such providers to
continue to deliver these services and allow potential applicants for
licensure continue to gain their work experience in such
community-based settings.
 ON BUDGETARY IMPLICATIONS OF THIS BILL :

This, bill should not result in significant costs to the State or
local governments. The bill would require business entities that
provide certain professional services to register with the Department
under new §6503-a and pay an initial registration fee of $400.00 and a
triennial registration fee of $150.00, which should defray costs
incurred by the Department in implementing the registration process
established in §6503-a.

 EFFECTIVE DATE :
This act would take effect immediately.

2009-S7484 (ACTIVE) - Bill Text download pdf

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

                                  7484

                            I N  S E N A T E

                             April 14, 2010
                               ___________

Introduced  by  Sen. HUNTLEY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to  the  registration  of
  entities  providing certain professional services and the licensure of
  certain professionals; to amend chapter  420  of  the  laws  of  2002,
  amending  the education law relating to the profession of social work,
  in relation to the effect of such provisions on  certain  governmental
  entities  and  the  effectiveness thereof; and to amend chapter 676 of
  the laws of 2002, amending the education law relating to mental health
  care practitioners, in relation to the effect of  such  provisions  on
  certain governmental entities and the effectiveness thereof

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

  Section 1. Legislative intent. The establishment of  restricted  prac-
tice  for the professions of licensed master social work, licensed clin-
ical social work, licensed mental health counseling,  licensed  marriage
and family therapy, licensed creative arts therapy, licensed psychoanal-
ysis,  and  licensed  psychology has advanced the goal of protecting the
public from  unqualified  practitioners,  particularly  those  providing
psychotherapy  and  other  services  that  are  now restricted under the
education  law.  For  decades,  not-for-profit  corporations,  education
corporations,  firms  and  business corporations employed individuals to
provide social work and mental health services. The  licensing  law  did
not provide a general recognition of such providers that employ individ-
uals  licensed  in  these  professions  but who are not authorized under
appropriate laws, such as the mental hygiene law and the  public  health
law.  Therefore,  enforcement of prohibitions in the education law could
result in the shuttering of long-standing  providers  and  the  loss  of
services  to  individuals  and  families across New York state. This act
establishes an exemption from corporate practice prohibitions for  enti-
ties  that  register  with  the  education department by July 1, 2012 in
order to employ licensed professionals to provide services. In addition,
the commissioner of education is directed to convene  a  work  group  to
identify  ways to ensure compliance with corporate practice prohibitions

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

                                                           LBD14336-09-0

S. 7484                             2

to ensure the protection of the public and the integrity of the licensed
professions.
  S  2.  The  education law is amended by adding a new section 6503-a to
read as follows:
  S 6503-A. REGISTRATION  OF  ENTITIES  PROVIDING  CERTAIN  PROFESSIONAL
SERVICES.  1.  A.    EXCEPT  AS  OTHERWISE PROVIDED IN THIS PARAGRAPH OR
SUBDIVISION TWO OF THIS SECTION, A NOT-FOR-PROFIT CORPORATION, EDUCATION
CORPORATION, FIRM, BUSINESS CORPORATION OR OTHER BUSINESS ENTITY MAY NOT
PROVIDE: (I) SERVICES  UNDER  ARTICLE  ONE  HUNDRED  FIFTY-FOUR  OR  ONE
HUNDRED SIXTY-THREE OF THIS TITLE FOR WHICH LICENSURE WOULD BE REQUIRED;
OR  (II) SERVICES CONSTITUTING THE PROVISION OF PSYCHOTHERAPY AS DEFINED
IN SUBDIVISION TWO OF SECTION EIGHTY-FOUR HUNDRED ONE OF THIS TITLE  AND
AUTHORIZED  AND  PROVIDED  UNDER  ARTICLE  ONE  HUNDRED  THIRTY-ONE, ONE
HUNDRED THIRTY-NINE OR ONE HUNDRED FIFTY-THREE OF THIS  TITLE,  DIRECTLY
THROUGH  ITS  EMPLOYEES  OR  INDIRECTLY  BY CONTRACT WITH INDIVIDUALS OR
PROFESSIONAL BUSINESS ENTITIES DULY LICENSED, REGISTERED, OR  AUTHORIZED
TO  PROVIDE  SUCH  SERVICES,  UNLESS  SUCH  ENTITY  IS REGISTERED BY THE
DEPARTMENT PURSUANT TO THIS SECTION BY NO LATER  THAN  JULY  FIRST,  TWO
THOUSAND  TWELVE.    ANY SUCH ENTITY PROVIDING SUCH SERVICES ON THE DATE
THIS SECTION TAKES EFFECT SHALL BE DEEMED REGISTERED  PURSUANT  TO  THIS
SECTION  UNTIL  AN  APPLICATION  FOR REGISTRATION IS SUBMITTED IN A FORM
PRESCRIBED BY THE COMMISSIONER OR UNTIL ONE HUNDRED  TWENTY  DAYS  AFTER
THE  DEPARTMENT  PRESCRIBES SUCH APPLICATION FORM, WHICHEVER IS EARLIER,
PROVIDED THAT UPON SUBMISSION  OF  SUCH  APPLICATION  SUCH  REGISTRATION
SHALL  CONTINUE  IN  EFFECT UNTIL SUCH TIME AS THE DEPARTMENT SHALL DENY
SUCH APPLICATION.
  B. SUCH REGISTRATION SHALL PROVIDE  THAT  THE  ENTITY'S  PROVISION  OF
SERVICES,  DIRECTLY  OR  INDIRECTLY,  SHALL  BE  RESTRICTED  TO SERVICES
AUTHORIZED PURSUANT TO THIS SECTION, AND ANY OTHER SERVICES APPROPRIATE-
LY RELATED THERETO AS DETERMINED BY THE DEPARTMENT, AND  SHALL  ONLY  BE
PROVIDED  IF  SUCH  SERVICES  ARE  PROVIDED  BY  A  PERSON APPROPRIATELY
LICENSED TO PROVIDE SUCH SERVICES PURSUANT TO ARTICLE ONE HUNDRED  THIR-
TY-ONE,  ONE  HUNDRED  THIRTY-NINE, ONE HUNDRED FIFTY-THREE, ONE HUNDRED
FIFTY-FOUR OR ONE HUNDRED SIXTY-THREE OF THIS TITLE OR A  PERSON  OTHER-
WISE  AUTHORIZED  TO  PROVIDE  SUCH  SERVICES  UNDER  SUCH ARTICLES OR A
PROFESSIONAL BUSINESS ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES.
  C. AN APPLICATION FOR REGISTRATION AS AN ENTITY PROVIDING PROFESSIONAL
SERVICES PURSUANT TO THIS SECTION SHALL BE ON A FORM PRESCRIBED  BY  THE
COMMISSIONER,  WHICH  FORM SHALL INCLUDE THE NAMES OF THE ENTITY AND THE
OWNERS, OPERATORS, DIRECTORS, SHAREHOLDERS AND OFFICERS OF SUCH  ENTITY,
AND  A  LISTING  OF ANY OTHER JURISDICTIONS WHERE THE ENTITY MAY PROVIDE
SERVICES AND ANY OTHER INFORMATION AS MAY BE REQUIRED BY THE DEPARTMENT.
SUCH APPLICATION SHALL INCLUDE AN ATTESTATION MADE BY AN OFFICER AUTHOR-
IZED BY THE ENTITY TO MAKE SUCH ATTESTATION THAT IDENTIFIES THE SCOPE OF
SERVICES TO BE PROVIDED, INCLUDES A LIST OF PROFESSIONS UNDER THIS TITLE
IN WHICH PROFESSIONAL SERVICES WILL BE  PROVIDED  BY  SUCH  ENTITY,  AND
SHALL  INCLUDE  A STATEMENT THAT UNLESS OTHERWISE AUTHORIZED BY LAW, THE
ENTITY SHALL ONLY PROVIDE PROFESSIONAL SERVICES  AUTHORIZED  UNDER  THIS
SECTION  AND  ANY SERVICE APPROPRIATELY RELATED THERETO AS DETERMINED BY
THE DEPARTMENT, AND THAT ONLY A LICENSED PROFESSIONAL, A  PERSON  OTHER-
WISE  AUTHORIZED  TO  PROVIDE  SUCH SERVICES, OR A PROFESSIONAL BUSINESS
ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH  SERVICES  SHALL  PROVIDE  SUCH
PROFESSIONAL  SERVICES  AS AUTHORIZED UNDER THIS SECTION. SUCH STATEMENT
SHALL ALSO ATTEST TO THE ADEQUACY OF THE ENTITY'S FISCAL  AND  FINANCIAL
RESOURCES TO PROVIDE SUCH SERVICES.

S. 7484                             3

  D.  EACH  SHAREHOLDER, DIRECTOR, OFFICER, OWNER, MEMBER AND PARTNER OF
SUCH ENTITY SHALL PROVIDE AN ATTESTATION REGARDING HIS OR HER GOOD MORAL
CHARACTER AS REQUIRED PURSUANT TO PARAGRAPH F OF THIS SUBDIVISION, WHICH
SHALL INCLUDE A STATEMENT SETTING FORTH ANY CRIMINAL CONVICTIONS,  PEND-
ING 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 ANY
RULES OR REGULATIONS RELATING TO THE STANDARDS FOR SUCH REGISTRATION  OF
ENTITIES. SUCH REGULATIONS SHALL INCLUDE STANDARDS RELATING TO THE ENTI-
TY'S  ABILITY  TO  PROVIDE SERVICES, THE ENTITY'S MAINTENANCE OF PATIENT
AND BUSINESS RECORDS, THE ENTITY'S FISCAL POLICIES, AND SUCH OTHER STAN-
DARDS AS MAY BE PRESCRIBED BY THE COMMISSIONER.
  E. THE REGISTERED ENTITY SHALL DISPLAY AT EACH SITE WHERE PROFESSIONAL
SERVICES ARE PROVIDED TO THE PUBLIC A CERTIFICATE OF REGISTRATION  WHICH
IS  ISSUED BY THE DEPARTMENT PURSUANT TO THIS SECTION AND WHICH CONTAINS
THE NAME OF THE REGISTERED ENTITY AND ADDRESS OF THE SITE. THE  FEE  FOR
AN  INITIAL  REGISTRATION OF AN ENTITY PURSUANT TO THIS SECTION SHALL BE
FOUR HUNDRED DOLLARS, WHICH SHALL INCLUDE THE FEE FOR  ISSUANCE  OF  ONE
CERTIFICATE  OF  REGISTRATION. REGISTERED ENTITIES SHALL OBTAIN FROM THE
DEPARTMENT ADDITIONAL REGISTRATION CERTIFICATES FOR EACH SITE  AT  WHICH
PROFESSIONAL  SERVICES  ARE PROVIDED TO THE PUBLIC, AND THE FEE FOR EACH
SUCH ADDITIONAL CERTIFICATE SHALL BE TWENTY DOLLARS. EACH  ENTITY  SHALL
BE  REQUIRED  TO  RE-REGISTER  EVERY  THREE  YEARS, AND THE FEE FOR SUCH
TRIENNIAL REGISTRATION SHALL BE ONE HUNDRED FIFTY DOLLARS. IF ANY INFOR-
MATION SUPPLIED TO THE DEPARTMENT REGARDING THE REGISTERED ENTITY  SHALL
CHANGE,  THE REGISTRANT SHALL BE REQUIRED TO PROVIDE SUCH UPDATED INFOR-
MATION TO THE DEPARTMENT WITHIN SIXTY DAYS.
  F. ENTITIES REGISTERED PURSUANT TO THIS SECTION  SHALL  BE  UNDER  THE
SUPERVISION  OF  THE  REGENTS  AND  SHALL  BE  SUBJECT  TO  DISCIPLINARY
PROCEEDINGS AND PENALTIES. THE REGISTRATIONS OF SUCH ENTITIES  SHALL  BE
SUBJECT  TO  SUSPENSION,  REVOCATION  OR ANNULMENT FOR CAUSE IN THE SAME
MANNER AND TO THE SAME EXTENT AS INDIVIDUALS AND  PROFESSIONAL  BUSINESS
ENTITIES  WITH  RESPECT  TO  THEIR LICENSES, CERTIFICATES, AND REGISTRA-
TIONS, AS APPLICABLE, AS PROVIDED IN THIS TITLE RELATING TO THE APPLICA-
BLE PROFESSION. ALL OFFICERS, DIRECTORS, AND OWNERS OF  SUCH  REGISTERED
ENTITIES SHALL BE OF GOOD MORAL CHARACTER. REGISTERED ENTITIES AND THEIR
OFFICERS,  DIRECTORS, AND OWNERS SHALL BE ENTITLED TO THE SAME DUE PROC-
ESS PROCEDURES AS ARE PROVIDED  TO  SUCH  INDIVIDUALS  AND  PROFESSIONAL
BUSINESS  ENTITIES.  NO  REGISTRATION ISSUED UNDER THIS SECTION SHALL BE
TRANSFERABLE OR ASSIGNABLE, AS SUCH TERMS ARE DEFINED IN THE REGULATIONS
OF THE COMMISSIONER, WITHOUT THE APPROVAL OF THE COMMISSIONER.
  G. A REGISTERED ENTITY SHALL  NOT  PRACTICE  ANY  PROFESSION  LICENSED
PURSUANT TO THIS TITLE OR HOLD ITSELF OUT TO THE PUBLIC AS AUTHORIZED TO
PROVIDE  PROFESSIONAL  SERVICES PURSUANT TO THIS TITLE EXCEPT AS SPECIF-
ICALLY AUTHORIZED BY THIS SECTION OR AS OTHERWISE AUTHORIZED BY LAW.
  2. NO REGISTRATION PURSUANT TO THIS SECTION SHALL BE REQUIRED OF:
  A. ANY APPROPRIATELY ORGANIZED  PROFESSIONAL  BUSINESS  ENTITY  ESTAB-
LISHED UNDER THE BUSINESS CORPORATION LAW, THE LIMITED LIABILITY COMPANY
LAW OR THE PARTNERSHIP LAW; OR
  B.  ANY  ENTITY  OPERATED BY A NEW YORK STATE OR FEDERAL AGENCY, POLI-
TICAL SUBDIVISION, MUNICIPAL CORPORATION OR LOCAL GOVERNMENT  AGENCY  OR
UNIT PURSUANT TO AUTHORITY GRANTED BY LAW; OR
  C.  ANY  ENTITY  OPERATED UNDER AN OPERATING CERTIFICATE APPROPRIATELY
ISSUED UNDER ACCEPTABLE QUALIFYING PROCEDURES BY A  NEW  YORK  STATE  OR
FEDERAL  AGENCY,  POLITICAL SUBDIVISION, MUNICIPAL CORPORATION, OR LOCAL

S. 7484                             4

GOVERNMENT AGENCY OR UNIT, IN ACCORDANCE WITH THE SCOPE OF THE AUTHORITY
OF SUCH OPERATING CERTIFICATE; OR
  D.  A UNIVERSITY FACULTY PRACTICE CORPORATION DULY INCORPORATED PURSU-
ANT TO THE NOT-FOR-PROFIT CORPORATION LAW; OR
  E. AN INSTITUTION OF HIGHER EDUCATION AUTHORIZED TO PROVIDE A  PROGRAM
LEADING  TO  LICENSURE IN A PROFESSION DEFINED UNDER ARTICLE ONE HUNDRED
THIRTY-ONE,  ONE  HUNDRED  THIRTY-NINE,  ONE  HUNDRED  FIFTY-THREE,  ONE
HUNDRED  FIFTY-FOUR  OR  ONE  HUNDRED  SIXTY-THREE OF THIS TITLE, TO THE
EXTENT THAT THE SCOPE OF SUCH  SERVICES  ARE  LIMITED  TO  THE  SERVICES
AUTHORIZED TO BE PROVIDED WITHIN THE REGISTERED PROGRAM; OR
  F. AN INSTITUTION OF HIGHER EDUCATION PROVIDING COUNSELING ONLY TO THE
STUDENTS,  STAFF, OR FAMILY MEMBERS OF STUDENTS AND STAFF OF SUCH INSTI-
TUTION; OR
  G. ANY OTHER ENTITY EXEMPT FROM REGISTRATION AS MAY BE DEFINED IN  THE
REGULATIONS  OF THE COMMISSIONER, PROVIDED THAT SUCH ENTITY IS OTHERWISE
AUTHORIZED TO PROVIDE SUCH SERVICES PURSUANT TO  LAW  AND  ONLY  TO  THE
EXTENT  SUCH  SERVICES ARE AUTHORIZED UNDER ANY CERTIFICATES OF INCORPO-
RATION OR SUCH OTHER ORGANIZING DOCUMENTS AS MAY BE APPLICABLE.
  S 3. Section 6527 of the education law is  amended  by  adding  a  new
subdivision 8 to read as follows:
  8. NOTHING IN THIS ARTICLE SHALL PROHIBIT THE PROVISION OF PSYCHOTHER-
APY  AS DEFINED IN SUBDIVISION TWO OF SECTION EIGHTY-FOUR HUNDRED ONE OF
THIS TITLE TO THE EXTENT PERMISSIBLE WITHIN THE  SCOPE  OF  PRACTICE  OF
MEDICINE,  BY  ANY  NOT-FOR-PROFIT  CORPORATION,  EDUCATION CORPORATION,
FIRM, BUSINESS CORPORATION OR OTHER BUSINESS ENTITY  PROVIDING  SERVICES
WITHIN  THE  STATE  OF  NEW  YORK  AND  REGISTERED  PURSUANT  TO SECTION
SIXTY-FIVE HUNDRED THREE-A OF THIS TITLE, PROVIDED  THAT  SUCH  ENTITIES
OFFERING  SUCH  PSYCHOTHERAPY  SERVICES SHALL ONLY PROVIDE SUCH SERVICES
THROUGH AN INDIVIDUAL APPROPRIATELY LICENSED OR OTHERWISE AUTHORIZED  TO
PROVIDE  SUCH  SERVICES  OR A PROFESSIONAL BUSINESS ENTITY AUTHORIZED BY
LAW TO PROVIDE SUCH SERVICES.
  S 4. Subdivision 1 of section 6908 of the education law is amended  by
adding a new paragraph h to read as follows:
  H.  AS PROHIBITING THE PROVISION OF PSYCHOTHERAPY AS DEFINED IN SUBDI-
VISION TWO OF SECTION EIGHTY-FOUR HUNDRED  ONE  OF  THIS  TITLE  TO  THE
EXTENT  PERMISSIBLE WITHIN THE SCOPE OF PRACTICE OF NURSING, BY ANY NOT-
FOR-PROFIT CORPORATION, EDUCATION  CORPORATION,  FIRM,  BUSINESS  CORPO-
RATION  OR  OTHER BUSINESS ENTITY PROVIDING SERVICES WITHIN THE STATE OF
NEW YORK AND REGISTERED PURSUANT TO SECTION SIXTY-FIVE  HUNDRED  THREE-A
OF  THIS  TITLE, PROVIDED THAT SUCH ENTITIES OFFERING SUCH PSYCHOTHERAPY
SERVICES SHALL ONLY PROVIDE SUCH SERVICES THROUGH AN  INDIVIDUAL  APPRO-
PRIATELY  LICENSED OR OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES OR A
PROFESSIONAL BUSINESS ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES.
  S 5. Section 7605 of the education law is  amended  by  adding  a  new
subdivision 9 to read as follows:
  9.  THE  PROVISION  OF  PSYCHOTHERAPY AS DEFINED IN SUBDIVISION TWO OF
SECTION EIGHTY-FOUR HUNDRED ONE OF THIS TITLE TO THE EXTENT  PERMISSIBLE
WITHIN THE SCOPE OF PRACTICE OF PSYCHOLOGY, BY ANY NOT-FOR-PROFIT CORPO-
RATION, EDUCATION CORPORATION, FIRM, BUSINESS CORPORATION OR OTHER BUSI-
NESS  ENTITY  PROVIDING SERVICES WITHIN THE STATE OF NEW YORK AND REGIS-
TERED PURSUANT TO SECTION SIXTY-FIVE  HUNDRED  THREE-A  OF  THIS  TITLE,
PROVIDED  THAT  SUCH  ENTITIES  OFFERING  PSYCHOLOGY SERVICES SHALL ONLY
PROVIDE SUCH SERVICES THROUGH AN INDIVIDUAL  APPROPRIATELY  LICENSED  OR
OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES OR A PROFESSIONAL BUSINESS
ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES.

S. 7484                             5

  S  6.  Section  7706  of  the education law is amended by adding a new
subdivision 6 to read as follows:
  6.  PROHIBIT  THE  PRACTICE OF LICENSED MASTER SOCIAL WORK OR LICENSED
CLINICAL SOCIAL WORK, TO THE EXTENT  PERMISSIBLE  WITHIN  THE  SCOPE  OF
PRACTICE  OF SUCH PROFESSIONS, BY ANY NOT-FOR-PROFIT CORPORATION, EDUCA-
TION CORPORATION, FIRM, BUSINESS CORPORATION OR  OTHER  BUSINESS  ENTITY
PROVIDING  SERVICES WITHIN THE STATE OF NEW YORK AND REGISTERED PURSUANT
TO SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS TITLE, PROVIDED THAT  SUCH
ENTITIES  OFFERING  LICENSED  MASTER  SOCIAL  WORK  OR LICENSED CLINICAL
SOCIAL WORK SERVICES SHALL ONLY PROVIDE SUCH SERVICES THROUGH  AN  INDI-
VIDUAL  APPROPRIATELY  LICENSED  OR OTHERWISE AUTHORIZED TO PROVIDE SUCH
SERVICES OR A PROFESSIONAL BUSINESS ENTITY AUTHORIZED BY LAW TO  PROVIDE
SUCH SERVICES.
  S  7.  Section  8410  of  the education law is amended by adding a new
subdivision 7 to read as follows:
  7. PROHIBIT THE PRACTICE OF MENTAL  HEALTH  COUNSELING,  MARRIAGE  AND
FAMILY  THERAPY,  CREATIVE ARTS THERAPY OR PSYCHOANALYSIS, TO THE EXTENT
PERMISSIBLE WITHIN THE SCOPE OF PRACTICE OF  SUCH  PROFESSIONS,  BY  ANY
NOT-FOR-PROFIT CORPORATION, EDUCATION CORPORATION, FIRM, BUSINESS CORPO-
RATION  OR  OTHER BUSINESS ENTITY PROVIDING SERVICES WITHIN THE STATE OF
NEW YORK AND REGISTERED PURSUANT TO SECTION SIXTY-FIVE  HUNDRED  THREE-A
OF  THIS TITLE, PROVIDED THAT SUCH ENTITIES OFFERING MENTAL HEALTH COUN-
SELING, MARRIAGE AND FAMILY THERAPY, CREATIVE ARTS  THERAPY  OR  PSYCHO-
ANALYSIS SERVICES SHALL ONLY PROVIDE SUCH SERVICES THROUGH AN INDIVIDUAL
APPROPRIATELY  LICENSED OR OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES
OR A PROFESSIONAL BUSINESS ENTITY AUTHORIZED  BY  LAW  TO  PROVIDE  SUCH
SERVICES.
  S  8.  Subdivision 3 of section 7603 of the education law, as added by
chapter 987 of the laws of 1971, is amended to read as follows:
  (3) Experience: have two years of supervised employment or  engagement
in  appropriate  psychology  activities satisfactory to the board and in
accordance with the commissioner's regulations. SATISFACTORY  EXPERIENCE
OBTAINED IN AN ENTITY REGISTERED WITH THE DEPARTMENT PURSUANT TO SECTION
SIXTY-FIVE  HUNDRED THREE-A OF THIS TITLE MAY BE ACCEPTED BY THE DEPART-
MENT, NOTWITHSTANDING THAT SUCH EXPERIENCE MAY HAVE BEEN OBTAINED  PRIOR
TO  THE EFFECTIVE DATE OF SUCH SECTION SIXTY-FIVE HUNDRED THREE-A AND/OR
PRIOR TO THE REGISTRATION OF THE SETTING. THE DEPARTMENT MAY,  FOR  GOOD
CAUSE  SHOWN,  ACCEPT  SATISFACTORY  EXPERIENCE  THAT  WAS OBTAINED IN A
SETTING THAT WOULD HAVE BEEN ELIGIBLE FOR REGISTRATION BUT WHICH HAS NOT
REGISTERED WITH THE DEPARTMENT OR EXPERIENCE THAT WAS OBTAINED  IN  GOOD
FAITH  BY  THE APPLICANT UNDER THE BELIEF THAT APPROPRIATE AUTHORIZATION
HAD BEEN OBTAINED FOR THE  EXPERIENCE,  PROVIDED  THAT  SUCH  EXPERIENCE
MEETS ALL OTHER REQUIREMENTS FOR ACCEPTABLE EXPERIENCE;
  S  9.  Paragraph (c) of subdivision 2 of section 7704 of the education
law, as amended by chapter 230 of the laws of 2004, is amended  to  read
as follows:
  (c)  Experience:  have at least three years full-time supervised post-
graduate clinical social work experience  in  diagnosis,  psychotherapy,
and  assessment-based  treatment  plans,  or  its  part-time equivalent,
obtained over a continuous period not to exceed  six  years,  under  the
supervision,  satisfactory  to  the  department,  of  a  psychiatrist, a
licensed psychologist, or a licensed clinical social worker in a facili-
ty setting or other supervised  settings  approved  by  the  department.
SATISFACTORY  EXPERIENCE  OBTAINED  IN  AN  ENTITY  REGISTERED  WITH THE
DEPARTMENT PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS  TITLE
MAY  BE ACCEPTED BY THE DEPARTMENT, NOTWITHSTANDING THAT SUCH EXPERIENCE

S. 7484                             6

MAY HAVE BEEN OBTAINED PRIOR TO  THE  EFFECTIVE  DATE  OF  SUCH  SECTION
SIXTY-FIVE  HUNDRED  THREE-A  AND/OR  PRIOR  TO  THE REGISTRATION OF THE
SETTING. THE DEPARTMENT MAY, FOR GOOD CAUSE SHOWN,  ACCEPT  SATISFACTORY
EXPERIENCE  THAT WAS OBTAINED IN A SETTING THAT WOULD HAVE BEEN ELIGIBLE
FOR REGISTRATION BUT WHICH HAS NOT REGISTERED  WITH  THE  DEPARTMENT  OR
EXPERIENCE  THAT  WAS  OBTAINED IN GOOD FAITH BY THE APPLICANT UNDER THE
BELIEF THAT APPROPRIATE AUTHORIZATION HAD BEEN OBTAINED FOR THE  EXPERI-
ENCE,  PROVIDED  THAT  SUCH  EXPERIENCE MEETS ALL OTHER REQUIREMENTS FOR
ACCEPTABLE EXPERIENCE;
  S 10. Paragraph (c) of subdivision 3 of section 8402 of the  education
law,  as added by chapter 676 of the laws of 2002, is amended to read as
follows:
  (c) Experience: An applicant shall complete a minimum of  three  thou-
sand  hours of post-master's supervised experience relevant to the prac-
tice of mental health  counseling  satisfactory  to  the  board  and  in
accordance with the commissioner's regulations.  SATISFACTORY EXPERIENCE
OBTAINED IN AN ENTITY REGISTERED WITH THE DEPARTMENT PURSUANT TO SECTION
SIXTY-FIVE  HUNDRED THREE-A OF THIS TITLE MAY BE ACCEPTED BY THE DEPART-
MENT, NOTWITHSTANDING THAT SUCH EXPERIENCE MAY HAVE BEEN OBTAINED  PRIOR
TO  THE EFFECTIVE DATE OF SUCH SECTION SIXTY-FIVE HUNDRED THREE-A AND/OR
PRIOR TO THE REGISTRATION OF THE SETTING. THE DEPARTMENT MAY,  FOR  GOOD
CAUSE  SHOWN,  ACCEPT  SATISFACTORY  EXPERIENCE  THAT  WAS OBTAINED IN A
SETTING THAT WOULD HAVE BEEN ELIGIBLE FOR REGISTRATION BUT WHICH HAS NOT
REGISTERED WITH THE DEPARTMENT OR EXPERIENCE THAT WAS OBTAINED  IN  GOOD
FAITH  BY  THE APPLICANT UNDER THE BELIEF THAT APPROPRIATE AUTHORIZATION
HAD BEEN OBTAINED FOR THE  EXPERIENCE,  PROVIDED  THAT  SUCH  EXPERIENCE
MEETS ALL OTHER REQUIREMENTS FOR ACCEPTABLE EXPERIENCE;
  S  11. Paragraph (c) of subdivision 3 of section 8403 of the education
law, as added by chapter 676 of the laws of 2002, is amended to read  as
follows:
  (c)  Experience:  The completion of at least one thousand five hundred
client contact hours of supervised clinical experience, by persons hold-
ing a degree from a master's or doctoral  program,  or  the  substantial
equivalent,  in  accordance  with  the commissioner's regulations or the
completion of at least one thousand five hundred client hours of  super-
vised  post-master's  clinical experience in marriage and family therapy
satisfactory to the department in  accordance  with  the  commissioner's
regulations.    SATISFACTORY EXPERIENCE OBTAINED IN AN ENTITY REGISTERED
WITH THE DEPARTMENT PURSUANT TO SECTION SIXTY-FIVE  HUNDRED  THREE-A  OF
THIS  TITLE MAY BE ACCEPTED BY THE DEPARTMENT, NOTWITHSTANDING THAT SUCH
EXPERIENCE MAY HAVE BEEN OBTAINED PRIOR TO THE EFFECTIVE  DATE  OF  SUCH
SECTION  SIXTY-FIVE  HUNDRED THREE-A AND/OR PRIOR TO THE REGISTRATION OF
THE SETTING.  THE DEPARTMENT MAY, FOR GOOD CAUSE SHOWN, ACCEPT SATISFAC-
TORY EXPERIENCE THAT WAS OBTAINED IN A  SETTING  THAT  WOULD  HAVE  BEEN
ELIGIBLE  FOR REGISTRATION BUT WHICH HAS NOT REGISTERED WITH THE DEPART-
MENT OR EXPERIENCE THAT WAS OBTAINED IN  GOOD  FAITH  BY  THE  APPLICANT
UNDER  THE  BELIEF  THAT APPROPRIATE AUTHORIZATION HAD BEEN OBTAINED FOR
THE EXPERIENCE, PROVIDED THAT SUCH EXPERIENCE MEETS ALL  OTHER  REQUIRE-
MENTS FOR ACCEPTABLE EXPERIENCE;
  S  12. Paragraph (c) of subdivision 3 of section 8404 of the education
law, as added by chapter 676 of the laws of 2002, is amended to read  as
follows:
  (c) Experience: Have completed at least fifteen hundred hours of post-
master's  supervised  experience  in one or more creative arts therapies
satisfactory to the department and in accordance with the commissioner's
regulations. SATISFACTORY EXPERIENCE OBTAINED IN  AN  ENTITY  REGISTERED

S. 7484                             7

WITH  THE  DEPARTMENT  PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A OF
THIS TITLE MAY BE ACCEPTED BY THE DEPARTMENT, NOTWITHSTANDING THAT  SUCH
EXPERIENCE  MAY  HAVE  BEEN OBTAINED PRIOR TO THE EFFECTIVE DATE OF SUCH
SECTION  SIXTY-FIVE  HUNDRED THREE-A AND/OR PRIOR TO THE REGISTRATION OF
THE SETTING. THE DEPARTMENT MAY, FOR GOOD CAUSE SHOWN, ACCEPT  SATISFAC-
TORY  EXPERIENCE  THAT  WAS  OBTAINED  IN A SETTING THAT WOULD HAVE BEEN
ELIGIBLE FOR REGISTRATION BUT WHICH HAS NOT REGISTERED WITH THE  DEPART-
MENT  OR  EXPERIENCE  THAT  WAS  OBTAINED IN GOOD FAITH BY THE APPLICANT
UNDER THE BELIEF THAT APPROPRIATE AUTHORIZATION HAD  BEEN  OBTAINED  FOR
THE  EXPERIENCE,  PROVIDED THAT SUCH EXPERIENCE MEETS ALL OTHER REQUIRE-
MENTS FOR ACCEPTABLE EXPERIENCE;
  S 13. Paragraph (c) of subdivision 3 of section 8405 of the  education
law,  as added by chapter 676 of the laws of 2002, is amended to read as
follows:
  (c) Experience: Have completed a minimum of fifteen hundred  hours  of
supervised  clinical  practice  satisfactory  to  the  department and in
accordance with the commissioner's regulations.  SATISFACTORY EXPERIENCE
OBTAINED IN AN ENTITY REGISTERED WITH THE DEPARTMENT PURSUANT TO SECTION
SIXTY-FIVE HUNDRED THREE-A OF THIS TITLE MAY BE ACCEPTED BY THE  DEPART-
MENT,  NOTWITHSTANDING THAT SUCH EXPERIENCE MAY HAVE BEEN OBTAINED PRIOR
TO THE EFFECTIVE DATE OF SUCH SECTION SIXTY-FIVE HUNDRED THREE-A  AND/OR
PRIOR  TO  THE REGISTRATION OF THE SETTING. THE DEPARTMENT MAY, FOR GOOD
CAUSE SHOWN, ACCEPT SATISFACTORY  EXPERIENCE  THAT  WAS  OBTAINED  IN  A
SETTING THAT WOULD HAVE BEEN ELIGIBLE FOR REGISTRATION BUT WHICH HAS NOT
REGISTERED  WITH  THE DEPARTMENT OR EXPERIENCE THAT WAS OBTAINED IN GOOD
FAITH BY THE APPLICANT UNDER THE BELIEF THAT  APPROPRIATE  AUTHORIZATION
HAD  BEEN  OBTAINED  FOR  THE  EXPERIENCE, PROVIDED THAT SUCH EXPERIENCE
MEETS ALL OTHER REQUIREMENTS FOR ACCEPTABLE EXPERIENCE;
  S 14. 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
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 law] 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, 2012, PROVIDED THAT THE  COMMISSIONER
OF EDUCATION SHALL CONVENE A WORKGROUP OF STATE AGENCIES, NOT-FOR-PROFIT
PROVIDERS, PROFESSIONAL ASSOCIATIONS AND CONSUMERS, AND OTHER KEY STAKE-
HOLDERS  TO  RECOMMEND BY JANUARY 1, 2012 ANY AMENDMENTS TO LAW, RULE OR
REGULATION NECESSARY TO FULLY IMPLEMENT THE REQUIREMENTS  FOR  LICENSURE
BY  JULY 1, 2012 AND WHETHER TO EXTEND BEYOND JULY 1, 2012 THE AUTHORITY
OF THE EDUCATION DEPARTMENT TO  REGISTER  ENTITIES  IN  ACCORDANCE  WITH
SECTION 6503-A OF THE EDUCATION LAW.
  S  15.  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  2  of  part II of chapter 57 of the laws of 2009, is amended to
read as follows:

S. 7484                             8

  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, FUND-
ED, OR APPROVED BY A NEW YORK STATE OR FEDERAL AGENCY, POLITICAL  SUBDI-
VISION,  MUNICIPAL CORPORATION OR LOCAL GOVERNMENT AGENCY OR UNIT PURSU-
ANT TO AUTHORITY GRANTED BY LAW. THIS SECTION SHALL  NOT  AUTHORIZE  THE
USE OF ANY TITLE AUTHORIZED PURSUANT TO ARTICLE 153 OR 163 OF THE EDUCA-
TION  LAW  BY  ANY SUCH EMPLOYED PERSON, EXCEPT AS OTHERWISE PROVIDED BY
SUCH ARTICLES RESPECTIVELY.
  B. THIS SECTION SHALL BE DEEMED REPEALED JULY 1, 2012. THE COMMISSION-
ER  OF  EDUCATION  SHALL  CONVENE  A  WORKGROUP   OF   STATE   AGENCIES,
NOT-FOR-PROFIT  PROVIDERS,  PROFESSIONAL ASSOCIATIONS AND CONSUMERS, AND
OTHER KEY STAKEHOLDERS TO RECOMMEND BY JANUARY 1, 2012 ANY AMENDMENTS TO
LAW, RULE OR REGULATION NECESSARY TO FULLY  IMPLEMENT  THE  REQUIREMENTS
FOR  LICENSURE  OR  REGISTRATION  BY  JULY 1, 2012 AND WHETHER TO EXTEND
BEYOND JULY 1, 2012 THE AUTHORITY OF THE EDUCATION DEPARTMENT TO  REGIS-
TER ENTITIES IN ACCORDANCE WITH SECTION 6503-A OF THE EDUCATION LAW.
  S 16. This act shall take effect immediately.

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