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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| 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 |
Senate Bill S8178
Signed By Governor2009-2010 Legislative Session
Relates to licensing requirements for certain social work and mental health professionals employed by certain corporations
download bill text pdfSponsored By
There are no sponsors of this bill.
Archive: Last Bill Status Via A11440 - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Jun 15, 2010
aye (32)nay (28)absent (1)excused (1)
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Jun 14, 2010 - Rules Committee Vote
S817816Aye1Nay6Aye with Reservations0Absent0Excused0AbstainedJun 14, 2010 - Finance Committee Vote
S817821Aye1Nay11Aye with Reservations0Absent0Excused0Abstained-
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Finance Committee Vote: Jun 14, 2010
aye (21)nay (1)
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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) - 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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