Senate Bill S8178

Signed By Governor

2009-2010 Legislative Session

Relates to licensing requirements for certain social work and mental health professionals employed by certain corporations

download bill text pdf

Archive: Last Bill Status Via A11440 - Signed by Governor

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 18, 2010	signed chap.132
Jun 15, 2010	delivered to governor returned to assembly passed senate message of necessity - 3 day message 3rd reading cal.958 substituted for s8178
Jun 15, 2010	substituted by a11440
Jun 14, 2010	ordered to third reading cal.958 reported and committed to rules referred to finance

Votes

- Jun 15, 2010 - Floor Vote
  A11440
  
  Aye
  
  32
  
  Nay
  
  28
  
  Absent
  
  1
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Floor Vote: Jun 15, 2010
      
      aye (32)
      
      Adams
      
      Addabbo Jr.
      
      Aubertine
      
      Breslin
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Foley
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      Montgomery
      
      Onorato
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      nay (28)
      
      Alesi
      
      Bonacic
      
      DeFrancisco
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Griffo
      
      Hannon
      
      Johnson
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Nozzolio
      
      Padavan
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Seward
      
      Skelos
      
      Volker
      
      Winner
      
      Young
      
      absent (1)
      
      Golden
      
      excused (1)
      
      Morahan
  Jun 14, 2010 - Rules Committee Vote
  S8178
  
  Aye
  
  16
  
  Nay
  
  1
  
  Aye with Reservations
  
  6
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Rules Committee Vote: Jun 14, 2010
      
      aye (16)
      
      Dilan
      
      Duane
      
      Espada
      
      Hannon
      
      Hassell-Thompson
      
      Klein
      
      Krueger
      
      Montgomery
      
      Padavan
      
      Parker
      
      Serrano
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
      
      nay (1)
      
      Johnson
      
      aye wr (6)
      
      Farley
      
      LaValle
      
      Larkin
      
      Saland
      
      Seward
      
      Skelos
  Jun 14, 2010 - Finance Committee Vote
  S8178
  
  Aye
  
  21
  
  Nay
  
  1
  
  Aye with Reservations
  
  11
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Finance Committee Vote: Jun 14, 2010
      
      aye (21)
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Duane
      
      Espada
      
      Klein
      
      Krueger
      
      Kruger
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Robach
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      nay (1)
      
      Johnson
      
      aye wr (11)
      
      Diaz
      
      Farley
      
      Hannon
      
      LaValle
      
      Larkin
      
      Leibell
      
      Marcellino
      
      Padavan
      
      Saland
      
      Seward
      
      Volker

2009-S8178 (ACTIVE) - Details

See Assembly Version of this Bill:: A11440
Law Section:: Education Law
Laws Affected:: Amd §6503-a, Ed L; amd §9, Chap 420 of 2002; amd §17-a, Chap 676 of 2002; ren §15 to be §16, add §15, amd §16, Chap of 2010 (as proposed in S.5921-A/A.8897-A)

2009-S8178 (ACTIVE) - Summary

Proposes a chapter amendment relating to licensing requirements for certain social work and mental health professionals employed by certain corporations.

2009-S8178 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8178

TITLE OF BILL:

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 enti-
ties 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

PURPOSE:

This bill would amend a chapter of the laws of2010 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 bill numbers S. 5921-A and A.
8897A.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Education Law § 6503-a (1)(f), as
amended by a chapter of the laws of2010 amending the Education Law and

other laws relating to the registration of entities providing certain
professional services, to remove a requirement that an officer or a
director of a not-for-profit entity or educational corporation seeking
to provide professional services based upon a waiver by the State Educa-
tion Department (SED) provide a statement setting forth, among other
items, his or her criminal convictions and pending criminal charges.

Section 2 of the bill would amend Education Law § 6503-a (3), 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 profes-
sional services, to: (1) provide that nothing in Education Law
6503-a(3) limits the authority of a State agency to contract with an
entity applying for a waiver under this section, if the agency is other-
wise authorized to contract with such an entity; (2) provide that a
waiver issued pursuant to this section shall not relieve an entity
otherwise required to contract with a State agency to provide services
from the obligation to enter into such a contract prior to providing
such services; (3) require SED, when considering an application for a
waiver to consult with other State agencies regarding the need for
licensure, contract, certification or authorization from another State
agency; and (4) provide that SED may not approve a waiver application
authorizing an entity to perform services for which the entity's operat-
ing certificate or licensure is pending, was disapproved, was revoked,
or was terminated for cause, except upon approval by the relevant State
agency

Section 3 of the bill would amend section 9 of chapter 420 of the Laws
of 2002, amending the Education Law relating to the profession of social
work, to provide that: (1) on or before October 1, 2010, relevant State
agencies shall submit to SED information and data concerning the func-
tions performed by its service provider workforce and that of local
governmental entities and social services districts; (2) after receipt
of such data, SED shall convene a workgroup of relevant State agencies
to review data and to make recommendations as to laws, rules or regu-
lations necessary to clarify which tasks may only be performed by
licensed personnel; (3) no later than July 1,2011, relevant agencies
shall submit to SED a report on the utilization of personnel subject to
licensure, along with an action plan detailing measures through which
each entity shall, no later than July 1, 2013, comply with professional
licensure laws or suggest alternative pathways toward licensure; and (4)
after receipt of the report required by this section, SED shall, after
consultation with relevant entities, submit a report by July 1,2012,
outlining recommended amendments to law, rule or regulation necessary to
fully implement the requirements for licensure by July 1, 2013, and
shall allow State agencies to include statements or alternative recom-
mendations in the report.

Section 4 of the bill would amend section 17-a of chapter 676 of the
laws of 2002 amending the Education Law relating to the practice of
psychology, to provide that: (1) on or before October 1, 2010, relevant
State agencies shall submit to SED information and data concerning the
functions performed by its service provider workforce and that of local
governmental entities and social services districts; (2) after receipt
of such data, SED shall convene a workgroup of relevant State agencies
to review data and to make recommendations as to laws, rules or regu-
lations necessary to clarify which tasks may only be performed by
licensed personnel; (3) on or after July 1, 2011, relevant agencies
shall submit to SED a report on the utilization of personnel subject to
licensure, along with an action plan detailing measures through which
each entity shall, no later than July 1, 2013, comply with professional
licensure laws; and (4) after receipt of the report required by this
section, SED shall, after consultation with relevant entities, submit a
report by July 1, 2012, outlining recommended amendments to law, rule or
regulation necessary to fully implement the requirements for licensure
by July 1, 2013, and allow State agencies to include statements or
alternative recommendations in the report.

Section 5 of the bill would amend a chapter of the laws of 2010 amending
the Education Law and other laws relating to the registration of enti-
ties providing certain professional services and the licensure of
certain professions, as proposed in legislative bill numbers S.5921-A
and A.8897-A, to provide that not-for-profit entities providing programs
and services for which an exemption is provided shall not be required to
receive a waiver and shall be considered approved settings for super-
vised experience.

Section 6 of the bill would amend the repeal dates of certain sections
of a chapter of the laws of 2010 amending the Education Law and other

laws relating to the registration of entities providing certain profes-
sional services and the licensure of certain professions, as proposed in
legislative bill numbers S.5921-A and A.8897-A.

Section 7 of the bill would provide that it would take effect on the
same date and in the same manner as a chapter of the laws of 2010 amend-
ing 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.

EXISTING LAW:

Chapter 420 of the Laws of 2002 made significant changes to the manner
in which social work practice is evaluated and regulated by creating two
licensed titles for social workers, Licensed Master Social Worker (LMSW)
and Licensed Clinical Social Worker (LCSW), and defined the scope of
practice for each title. The primary difference between the LMSW and
LCSW license is that the LMSW license does not require previous clinical
experience whereas the LCSW must have at least three years of full-time
post-masters supervised clinical social work experience.

Chapter 676 of the Laws of 2002 clarifies and defines the scope of prac-
tice for the profession of psychology in New York State. Chapter 676
also established licensing requirements for other mental health profes-
sionals, including mental health counselors, marriage and family thera-
pists, creative arts therapists and psychoanalysts.

Both Chapters 420 and 676 of 2002 were amended in 2003 to include
provisions to exempt individuals working for the Department of Mental
Hygiene (DMH), the Office of Children and Family Services (OCFS), and
local government operated, regulated, funded or approved programs from
these licensing requirements until January 1, 2010.

Chapter 57 of the Laws of 2009 extended the social work licensing
exemption to DMH, OCFS and local government programs for an additional
six months, changing the repeal date from January 1, 2010 to June 1,
2010.

JUSTIFICATION:

This bill would amend 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 bill numbers S.5921-A and
A.8897-A in several manners. First, this bill would amend those sections
allowing SED to establish a waiver process to allow certain not-for-pro-
fit and education corporations to obtain waivers to provide professional
services which would not be otherwise authorized. These amendments were
necessary to reflect that certain entities have been authorized through
contracts with, or other authorizations by, State agencies to provide
services, and that the provision of services pursuant to such contracts

or authorizations shall not be impacted by the entity's application, or
lack of application, for a waiver. These amendments are further neces-
sary to require consultation with the appropriate State agency to ensure
quality of care, including in instances in which an entity's operating
certificate or license is pending, was disapproved, or was revoked.

Second, this bill would amend those sections of such chapter which
extend the exemption from licensure requirements for certain State agen-
cies and local governments. Amendments are necessary to these sections
to ensure that appropriate input from State agencies affected by the
exemption is incorporated at all stages of the process of assessing the
impact of licensure requirements, developing plans for compliance, and
determining amendments to laws, rules and regulations necessary to clar-
ify which tasks should only be performed by licensed or otherwise
authorized personnel. These amendments are also necessary to reflect the
recognition that further changes to the underlying licensure statutes
likely will be needed to appropriately reflect which titles, functions
and duties should be performed only by licensed or otherwise authorized
personnel. Such a review is particularly necessary due to the longstand-
ing multiple levels of oversight of personnel, quality assurance and
mechanisms to ensure the safe and appropriate provision of services in
State agency facilities and service providers under their jurisdiction.

BUDGET IMPLICATIONS

The underlying chapter resulting in these amendments would allow the
State to avoid what otherwise would have been a $62 million annual cost
and allow voluntary providers to avoid costs of $227 million annually
during each of the three years the exemption provided in the underlying
chapter will be in effect. These amendments reduce administrative
burdens and the potential for unfunded mandates on local governments by
having primary responsibility for reporting and data collection borne by
State agencies.

EFFECTIVE DATE:

This bill would 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 legis-
lative bills numbers S.5921-A and A.8897-A, takes effect.

2009-S8178 (ACTIVE) - Bill Text download pdf

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

                                  8178

                            I N  S E N A T E

                              June 14, 2010
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Finance

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12280-01-0

S. 8178                             2

  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
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

S. 8178                             3

[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 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

S. 8178                             4

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  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

S. 8178                             5

SECTION 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  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

S. 8178                             6

professions,  as  proposed  in  legislative  bills  numbers S.5921-A and
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.

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Senate Bill S8178

Signed By Governor

Sponsored By

Archive: Last Bill Status Via A11440 - Signed by Governor

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Jun 15, 2010 - Floor Vote

Floor Vote: Jun 15, 2010

Jun 14, 2010 - Rules Committee Vote

Rules Committee Vote: Jun 14, 2010

Jun 14, 2010 - Finance Committee Vote

Finance Committee Vote: Jun 14, 2010

2009-S8178 (ACTIVE) - Details

2009-S8178 (ACTIVE) - Summary

2009-S8178 (ACTIVE) - Sponsor Memo

2009-S8178 (ACTIVE) - Bill Text download pdf

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Senate Bill S8178

Signed By Governor

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Sponsored By

Archive: Last Bill Status Via A11440 - Signed by Governor

Actions

Votes

2009-S8178 (ACTIVE) - Details

2009-S8178 (ACTIVE) - Summary

2009-S8178 (ACTIVE) - Sponsor Memo

2009-S8178 (ACTIVE) - Bill Text download pdf

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