S T A T E O F N E W Y O R K
________________________________________________________________________
214
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Higher Education
AN ACT to amend chapter 420 of the laws of 2002 amending the education
law relating to the profession of social work and chapter 676 of the
laws of 2002 amending the education law relating to defining the prac-
tice of psychology, in relation to making certain provisions of law
relating to social work and mental health practitioners permanent
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision a of section 9 of chapter 420 of the laws of
2002, amending the education law relating to the profession of social
work, as amended by chapter 132 of the laws of 2010, is amended to read
as follows:
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 oper-
ated, 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repealed on July 1, 2013]; provided, further, however, that on or before
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 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 this subdivision over which the agency has regulatory
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03935-01-1
A. 214 2
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 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 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.
S 2. The opening paragraph of subdivision b of section 17-a of chapter
676 of the laws of 2002, amending the education law relating to defining
the practice of psychology, as amended by chapter 132 of the laws of
2010, is amended to read as follows:
[This section shall be deemed repealed July 1, 2013 provided, however,
that on] ON or before October 1, 2010, each state agency identified in
subdivision a of this section shall submit to the commissioner of educa-
tion data, in such form and detail as requested by the commissioner of
education, concerning the functions performed by its service provider
workforce and the service provider workforce of the local governmental
units and social services districts as defined in subdivision a of this
section over which the agency has regulatory authority. After receipt of
such data, the commissioner shall convene a workgroup of such state
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.
S 3. This act shall take effect immediately.