S T A T E   O F   N E W   Y O R K
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                                  5236

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2011
                               ___________

Introduced  by M. of A. HOOPER, WEPRIN -- Multi-Sponsored by -- M. of A.
  ENGLEBRIGHT, LATIMER -- read once and referred  to  the  Committee  on
  Labor

AN  ACT to amend the workers' compensation law, in relation to authoriz-
  ing the care and treatment  of  injured  employees  by  duly  licensed
  social workers

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

  Section 1. The workers' compensation law is amended by  adding  a  new
section 13-p to read as follows:
  S  13-P.  CARE  AND  TREATMENT  OF  INJURED EMPLOYEES BY DULY LICENSED
SOCIAL WORKERS. 1. WHERE THE  TERM  "SOCIAL  WORKER"  IS  USED  IN  THIS
SECTION,  SUCH  TERM  SHALL  MEAN  A  LICENSED MASTER SOCIAL WORKER OR A
LICENSED CLINICAL SOCIAL WORKER LICENSED PURSUANT TO ARTICLE ONE HUNDRED
FIFTY-FOUR OF THE EDUCATION LAW.
  2. (A) AN INJURED EMPLOYEE, INJURED  UNDER  CIRCUMSTANCES  WHICH  MAKE
SUCH  INJURY  COMPENSABLE  UNDER  THIS ARTICLE, MAY LAWFULLY BE TREATED,
UPON THE REFERRAL OF AN AUTHORIZED PHYSICIAN, BY A SOCIAL  WORKER,  DULY
REGISTERED  AND  LICENSED  BY  THE  STATE OF NEW YORK, AUTHORIZED BY THE
CHAIR TO RENDER SOCIAL WORK CARE PURSUANT TO THIS SECTION. SUCH SERVICES
SHALL BE WITHIN THE SCOPE OF SUCH SOCIAL WORKER'S  SPECIALIZED  TRAINING
AND  QUALIFICATIONS  AS DEFINED IN ARTICLE ONE HUNDRED FIFTY-FOUR OF THE
EDUCATION LAW.
  (B) MEDICAL BUREAUS, MEDICAL CENTERS JOINTLY  OPERATED  BY  LABOR  AND
MANAGEMENT  REPRESENTATIVES,  HOSPITALS AND HEALTH MAINTENANCE ORGANIZA-
TIONS, AUTHORIZED TO PROVIDE MEDICAL CARE PURSUANT TO SECTION THIRTEEN-C
OF THIS ARTICLE, MAY PROVIDE SOCIAL WORK SERVICES  WHEN  REQUIRED,  UPON
THE  REFERRAL OF AN AUTHORIZED PHYSICIAN, PROVIDED SUCH CARE IS RENDERED
BY A DULY REGISTERED, LICENSED AND AUTHORIZED SOCIAL WORKER AS  REQUIRED
BY THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06882-01-1

              

A. 5236                             2

  (C)  A  SOCIAL WORKER RENDERING SERVICE PURSUANT TO THIS SECTION SHALL
MAINTAIN RECORDS OF THE PATIENT'S  CONDITION  AND  TREATMENT,  AND  SUCH
RECORDS  OR REPORTS SHALL BE SUBMITTED TO THE CHAIR ON SUCH FORMS AND AT
SUCH TIMES AS THE CHAIR MAY REQUIRE.
  3. A SOCIAL WORKER, LICENSED AND REGISTERED TO PRACTICE SOCIAL WORK IN
THE  STATE  OF  NEW  YORK, WHO IS DESIROUS OF BEING AUTHORIZED TO RENDER
SOCIAL WORK CARE UNDER THIS SECTION AND/OR TO CONDUCT INDEPENDENT  EXAM-
INATIONS  IN  ACCORDANCE  WITH PARAGRAPH (B) OF SUBDIVISION FOUR OF THIS
SECTION SHALL FILE AN APPLICATION FOR AUTHORIZATION UNDER  THIS  SECTION
WITH  THE  SOCIAL  WORK PRACTICE COMMITTEE. THE APPLICANT SHALL AGREE TO
REFRAIN FROM  SUBSEQUENTLY  TREATING  FOR  REMUNERATION,  AS  A  PRIVATE
PATIENT,  ANY  PERSON SEEKING SOCIAL WORK TREATMENT, OR SUBMITTING TO AN
INDEPENDENT EXAMINATION, IN CONNECTION WITH, OR  AS  A  RESULT  OF,  ANY
INJURY  COMPENSABLE  UNDER  THIS  CHAPTER, IF HE OR SHE HAS BEEN REMOVED
FROM THE LIST OF SOCIAL WORKERS AUTHORIZED TO RENDER  SOCIAL  WORK  CARE
UNDER  THIS  CHAPTER.  THIS  AGREEMENT  SHALL  RUN TO THE BENEFIT OF THE
INJURED PERSON SO TREATED, AND SHALL BE AVAILABLE AS A  DEFENSE  IN  ANY
ACTION  BY SUCH SOCIAL WORKER FOR PAYMENT FOR TREATMENT RENDERED BY SUCH
SOCIAL WORKER AFTER BEING  REMOVED  FROM  THE  LIST  OF  SOCIAL  WORKERS
AUTHORIZED TO RENDER SOCIAL WORK CARE OR TO CONDUCT INDEPENDENT EXAMINA-
TIONS UNDER THIS SECTION. THE SOCIAL WORK PRACTICE COMMITTEE IF IT DEEMS
SUCH  LICENSED SOCIAL WORKER DULY QUALIFIED SHALL RECOMMEND TO THE CHAIR
THAT SUCH PERSON BE AUTHORIZED TO RENDER  SOCIAL  WORK  CARE  AND/OR  TO
CONDUCT  INDEPENDENT  EXAMINATIONS  UNDER THIS SECTION. SUCH RECOMMENDA-
TIONS SHALL BE ONLY ADVISORY TO THE CHAIR AND SHALL NOT  BE  BINDING  OR
CONCLUSIVE.  THE  CHAIR  SHALL  PREPARE AND ESTABLISH A SCHEDULE FOR THE
STATE OR SCHEDULES LIMITED TO DEFINED LOCALITIES OF CHARGES AND FEES FOR
SOCIAL WORK TREATMENT AND CARE, TO BE DETERMINED IN ACCORDANCE WITH  AND
BE  SUBJECT TO CHANGE PURSUANT TO RULES PROMULGATED BY THE CHAIR. BEFORE
PREPARING SUCH SCHEDULE FOR THE STATE OR SCHEDULES FOR  LIMITED  LOCALI-
TIES  THE  CHAIR  SHALL  REQUEST  THE  SOCIAL WORK PRACTICE COMMITTEE TO
SUBMIT TO SUCH CHAIR A REPORT ON THE AMOUNT OF  REMUNERATION  DEEMED  BY
SUCH COMMITTEE TO BE FAIR AND ADEQUATE FOR THE TYPES OF SOCIAL WORK CARE
TO  BE  RENDERED UNDER THIS CHAPTER, BUT CONSIDERATION SHALL BE GIVEN TO
THE VIEW OF OTHER INTERESTED PARTIES. THE AMOUNTS PAYABLE BY THE EMPLOY-
ER FOR SUCH TREATMENT AND SERVICES SHALL BE THE FEES AND CHARGES  ESTAB-
LISHED BY SUCH SCHEDULE.
  4.   (A) NO CLAIM FOR SOCIAL WORK CARE OR TREATMENT SHALL BE VALID AND
ENFORCEABLE  AS  AGAINST  THE  EMPLOYER  OR  EMPLOYEES   UNLESS   WITHIN
FORTY-EIGHT HOURS FOLLOWING THE FIRST TREATMENT THE SOCIAL WORKER GIVING
SUCH  CARE  OR  TREATMENT  FURNISHES TO THE EMPLOYER AND DIRECTLY TO THE
CHAIR A PRELIMINARY NOTICE OF SUCH  INJURY  AND  TREATMENT,  AND  WITHIN
FIFTEEN  DAYS  THEREAFTER  A MORE COMPLETE REPORT AND SUBSEQUENT THERETO
PROGRESS REPORTS AS REQUESTED IN WRITING BY THE CHAIR,  BOARD,  EMPLOYER
OR INSURANCE CARRIER, AT INTERVALS OF NOT LESS THAN THREE WEEKS APART OR
AT  LESS  FREQUENT  INTERVALS  IF  REQUESTED  ON FORMS PRESCRIBED BY THE
CHAIR. THE BOARD MAY EXCUSE THE FAILURE TO GIVE SUCH NOTICES WITHIN  THE
DESIGNATED  PERIODS WHEN IT FINDS IT TO BE IN THE INTEREST OF JUSTICE TO
DO SO.
  (B) UPON RECEIPT OF THE NOTICE PROVIDED FOR BY PARAGRAPH (A)  OF  THIS
SUBDIVISION,  THE  EMPLOYER, THE CARRIER, AND THE CLAIMANT EACH SHALL BE
ENTITLED TO HAVE THE CLAIMANT EXAMINED BY  A  QUALIFIED  SOCIAL  WORKER,
AUTHORIZED  BY  THE  CHAIR  IN ACCORDANCE WITH SUBDIVISION THREE OF THIS
SECTION, AT A MEDICAL FACILITY CONVENIENT TO THE  CLAIMANT  AND  IN  THE
PRESENCE OF THE CLAIMANT'S SOCIAL WORKER, AND REFUSAL BY THE CLAIMANT TO
SUBMIT  TO  SUCH  INDEPENDENT  EXAMINATION  AT SUCH TIME OR TIMES AS MAY

A. 5236                             3

REASONABLY BE NECESSARY IN THE OPINION OF THE BOARD SHALL BAR THE CLAIM-
ANT FROM RECOVERING COMPENSATION, FOR ANY PERIOD DURING WHICH HE OR  SHE
HAS REFUSED TO SUBMIT TO SUCH EXAMINATION.
  (C)  WHERE  IT WOULD PLACE AN UNREASONABLE BURDEN UPON THE EMPLOYER OR
CARRIER TO ARRANGE FOR, OR FOR THE CLAIMANT TO  ATTEND,  AN  INDEPENDENT
EXAMINATION  BY  AN  AUTHORIZED  SOCIAL  WORKER, THE EMPLOYER OR CARRIER
SHALL ARRANGE FOR SUCH EXAMINATION TO BE PERFORMED BY A QUALIFIED SOCIAL
WORKER IN A MEDICAL FACILITY CONVENIENT TO THE CLAIMANT.
  (D) THE INDEPENDENT SOCIAL WORKER EXAMINER LICENSED BY  THE  STATE  OF
NEW YORK SHALL PROVIDE SUCH REPORTS AND SHALL SUBMIT TO INVESTIGATION AS
REQUIRED BY THE CHAIR.
  (E)  IN ORDER TO QUALIFY AS ADMISSIBLE EVIDENCE, FOR PURPOSES OF ADJU-
DICATING ANY CLAIM UNDER THIS CHAPTER, ANY REPORT SUBMITTED TO THE BOARD
BY AN INDEPENDENT SOCIAL WORK EXAMINER LICENSED BY THE STATE OF NEW YORK
SHALL INCLUDE THE FOLLOWING:
  (I) A SIGNED STATEMENT CERTIFYING THAT THE REPORT IS A FULL AND TRUTH-
FUL REPRESENTATION OF THE INDEPENDENT  SOCIAL  WORK  EXAMINER'S  PROFES-
SIONAL OPINION WITH RESPECT TO THE CLAIMANT'S CONDITION,
  (II) SUCH EXAMINER'S BOARD ISSUED AUTHORIZATION NUMBER,
  (III) THE NAME OF THE INDIVIDUAL OR ENTITY REQUESTING THE EXAMINATION,
AND
  (IV) SUCH OTHER INFORMATION AS THE CHAIR MAY REQUIRE BY REGULATION.
  5.  FEES  FOR  SOCIAL  WORK  SERVICES  SHALL BE PAYABLE ONLY TO A DULY
AUTHORIZED SOCIAL WORKER AS LICENSED IN ARTICLE ONE  HUNDRED  FIFTY-FOUR
OF  THE EDUCATION LAW, OR TO THE AGENT, EXECUTOR OR ADMINISTRATOR OF THE
ESTATE OF SUCH SOCIAL WORKER. NO SOCIAL WORKER RENDERING TREATMENT TO  A
COMPENSATION  CLAIMANT SHALL COLLECT OR RECEIVE A FEE FROM SUCH CLAIMANT
WITHIN THIS STATE, BUT SHALL  HAVE  RECOURSE  FOR  PAYMENT  OF  SERVICES
RENDERED ONLY TO THE EMPLOYER UNDER THE PROVISIONS OF THIS SECTION.
  6.  WHENEVER HIS OR HER ATTENDANCE AT A HEARING IS REQUIRED THE SOCIAL
WORKER OF THE INJURED EMPLOYEE SHALL BE ENTITLED TO RECEIVE A  FEE  FROM
THE  EMPLOYER  IN AN AMOUNT TO BE FIXED BY THE BOARD, IN ADDITION TO ANY
FEE PAYABLE UNDER SECTION EIGHT THOUSAND ONE OF THE CIVIL  PRACTICE  LAW
AND RULES.
  7.  (A)  THE PROVISIONS OF SUBDIVISIONS ONE AND THREE OF SECTION THIR-
TEEN-G OF THIS ARTICLE WITH RESPECT TO  THE  CONDITIONS  UNDER  WHICH  A
HOSPITAL,  PHYSICIAN OR SELF-EMPLOYED PHYSICAL OR OCCUPATIONAL THERAPIST
MAY REQUEST PAYMENT OR ARBITRATION OF A BILL, OR UNDER  WHICH  AN  AWARD
MAY  BE  MADE  FOR  PAYMENT  OF  SUCH BILL, SHALL BE APPLICABLE TO BILLS
RENDERED BY A SOCIAL WORKER FOR SERVICES RENDERED TO AN INJURED  EMPLOY-
EE.    IF  THE PARTIES FAIL TO AGREE AS TO THE SOCIAL WORK CARE RENDERED
UNDER THIS CHAPTER TO A CLAIMANT, SUCH VALUE SHALL  BE  DECIDED  BY  THE
SOCIAL WORK PRACTICE COMMITTEE AND THE MAJORITY DECISION OF SUCH COMMIT-
TEE SHALL BE CONCLUSIVE UPON THE PARTIES AS TO THE VALUE OF THE SERVICES
RENDERED.  THE BOARD OR THE CHAIR MAY MAKE AN AWARD NOT IN EXCESS OF THE
ESTABLISHED FEE SCHEDULES FOR  ANY  SUCH  BILL  OR  PART  THEREOF  WHICH
REMAINS  UNPAID  IN THE SAME MANNER AS AN AWARD FOR BILLS RENDERED UNDER
SUBDIVISIONS ONE AND THREE OF SECTION THIRTEEN-G OF  THIS  ARTICLE,  AND
SUCH  AWARD MAY BE COLLECTED IN LIKE MANNER AS AN AWARD OF COMPENSATION.
THE CHAIR SHALL ASSESS THE SUM OF FIFTY DOLLARS AGAINST THE EMPLOYER FOR
EACH SUCH AWARD MADE BY THE BOARD, WHICH SUM  SHALL  BE  PAID  INTO  THE
STATE TREASURY.
  (B)  WHERE  A  SOCIAL  WORKER'S BILL HAS BEEN DETERMINED TO BE DUE AND
OWING IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION THE BOARD  SHALL
INCLUDE  IN  THE  AMOUNT  OF THE AWARD INTEREST OF NOT MORE THAN ONE AND

A. 5236                             4

ONE-HALF PERCENT PER MONTH PAYABLE TO THE SOCIAL  WORKER  IN  ACCORDANCE
WITH THE RULES AND REGULATIONS PROMULGATED BY THE BOARD.
  (C)  A  PROVIDER  INITIATING  AN  ARBITRATION PURSUANT TO THIS SECTION
SHALL PAY A FEE, AS DETERMINED BY REGULATIONS PROMULGATED BY THE  CHAIR,
TO  BE  USED  TO  COVER  THE  COSTS RELATED TO THE CONDUCT OF SUCH ARBI-
TRATION. UPON RESOLUTION IN FAVOR OF SUCH PARTY, THE AMOUNT  DUE,  BASED
UPON  THE  BILL  IN DISPUTE, SHALL BE INCREASED BY THE AMOUNT OF THE FEE
PAID BY SUCH PARTY. WHERE A PARTIAL AWARD IS MADE, THE AMOUNT DUE, BASED
UPON THE BILL IN DISPUTE, SHALL BE INCREASED BY A PART OF SUCH FEE.
  8. WITHIN THE LIMITS PRESCRIBED BY THE EDUCATION LAW FOR  SOCIAL  WORK
CARE  AND  TREATMENT,  THE  REPORT  OR TESTIMONY OF AN AUTHORIZED SOCIAL
WORKER CONCERNING THE CONDITION OF AN  INJURED  EMPLOYEE  AND  TREATMENT
THEREOF  SHALL BE DEEMED COMPETENT EVIDENCE AND THE PROFESSIONAL OPINION
OF THE SOCIAL WORKER AS TO CAUSAL RELATION AND AS TO REQUIRED  TREATMENT
SHALL  BE DEEMED COMPETENT BUT SHALL NOT BE CONTROLLING. NOTHING IN THIS
SECTION SHALL BE DEEMED TO DEPRIVE ANY EMPLOYER OR INSURANCE CARRIER  OF
ANY  RIGHT TO A MEDICAL EXAMINATION OR PRESENTATION OF MEDICAL TESTIMONY
NOW CONFERRED BY LAW.
  9. THE CHAIR SHALL PROMULGATE RULES  GOVERNING  THE  PROCEDURE  TO  BE
FOLLOWED  BY  THOSE RENDERING SOCIAL WORK CARE UNDER THIS SECTION, WHICH
RULES SO FAR AS PRACTICABLE SHALL CONFORM  TO  THE  RULES  PRESENTLY  IN
EFFECT WITH REFERENCE TO MEDICAL CARE FURNISHED TO CLAIMANTS IN WORKERS'
COMPENSATION.  IN  CONNECTION  WITH  THE  PROMULGATION OF SAID RULES THE
CHAIR MAY CONSULT THE SOCIAL WORK PRACTICE COMMITTEE AND MAY  TAKE  INTO
CONSIDERATION THE VIEW OF OTHER INTERESTED PARTIES.
  10.  THE  CHAIR  SHALL APPOINT FOR AND WITH JURISDICTION IN THE ENTIRE
STATE OF NEW YORK A SINGLE SOCIAL WORK PRACTICE  COMMITTEE  COMPOSED  OF
ONE  DULY  REGISTERED AND LICENSED MASTER SOCIAL WORKER, ONE DULY REGIS-
TERED AND LICENSED CLINICAL SOCIAL WORKER, AND ONE DULY LICENSED  PHYSI-
CIAN  OF  THE  STATE  OF  NEW  YORK. EACH MEMBER OF SAID COMMITTEE SHALL
RECEIVE COMPENSATION EITHER ON AN ANNUAL BASIS OR ON A PER DIEM BASIS TO
BE FIXED BY THE CHAIR WITHIN AMOUNTS APPROPRIATED THEREFOR. ONE OF  SAID
SOCIAL  WORKERS  SHALL  BE  DESIGNATED  BY  THE CHAIR AS A CHAIR OF SAID
SOCIAL WORK PRACTICE COMMITTEE. NO MEMBER OF SAID COMMITTEE SHALL RENDER
SOCIAL WORK TREATMENT UNDER THIS SECTION NOR BE AN EMPLOYER OR ACCEPT OR
PARTICIPATE IN ANY FEE FROM ANY INSURANCE COMPANY  AUTHORIZED  TO  WRITE
WORKERS'  COMPENSATION INSURANCE IN THIS STATE OR FROM ANY SELF-INSURER,
WHETHER SUCH EMPLOYMENT OR FEE RELATES TO A WORKERS' COMPENSATION  CLAIM
OR  OTHERWISE.  THE  ATTORNEY  GENERAL,  UPON  REQUEST, SHALL ADVISE AND
ASSIST SUCH COMMITTEE.
  11. THE SOCIAL WORK PRACTICE COMMITTEE  SHALL  INVESTIGATE,  HEAR  AND
MAKE  FINDINGS  WITH  RESPECT TO ALL CHARGES AS TO PROFESSIONAL OR OTHER
MISCONDUCT OF ANY AUTHORIZED SOCIAL WORK UNDER RULES AND  PROCEDURES  TO
BE PRESCRIBED BY THE CHAIR AND SHALL REPORT EVIDENCE OF SUCH MISCONDUCT,
WITH  THEIR  FINDINGS  AND  RECOMMENDATIONS WITH RESPECT THERETO, TO THE
CHAIR. THE FINDINGS, DECISION AND RECOMMENDATION  OF  SUCH  SOCIAL  WORK
PRACTICE COMMITTEE SHALL BE ADVISORY TO THE CHAIR ONLY, AND SHALL NOT BE
BINDING  OR  CONCLUSIVE UPON HIM OR HER. THE CHAIR SHALL REMOVE FROM THE
LIST OF SOCIAL WORKERS AUTHORIZED TO RENDER SOCIAL WORK CARE UNDER  THIS
CHAPTER  OR TO CONDUCT INDEPENDENT EXAMINATIONS IN ACCORDANCE WITH PARA-
GRAPH (B) OF SUBDIVISION FOUR OF THIS SECTION THE  NAME  OF  ANY  SOCIAL
WORKER  WHO  HE  OR  SHE  SHALL  FIND  AFTER REASONABLE INVESTIGATION IS
DISQUALIFIED BECAUSE SUCH SOCIAL WORKER:
  (A) HAS BEEN GUILTY OF PROFESSIONAL OR OTHER MISCONDUCT OR INCOMPETEN-
CY IN CONNECTION WITH THE RENDERING OF SOCIAL WORK SERVICES, OR

A. 5236                             5

  (B) HAS EXCEEDED THE LIMITS OF HIS OR HER PROFESSIONAL  COMPETENCE  IN
RENDERING  SOCIAL  WORK SERVICES UNDER THE LAW, OR HAS MADE FALSE STATE-
MENTS REGARDING QUALIFICATIONS IN THE APPLICATION FOR AUTHORIZATION, OR
  (C) HAS FAILED TO SUBMIT TIMELY, FULL AND TRUTHFUL SOCIAL WORK REPORTS
OF  ALL  FINDINGS  TO  THE EMPLOYER AND DIRECTLY TO THE CHAIR WITHIN THE
TIME LIMITS PROVIDED IN THIS SECTION, OR
  (D) HAS KNOWINGLY MADE A FALSE STATEMENT OR  REPRESENTATION  AS  TO  A
MATERIAL FACT IN ANY REPORT MADE PURSUANT TO THIS CHAPTER OR IN TESTIFY-
ING OR OTHERWISE PROVIDING INFORMATION FOR THE PURPOSES OF THIS CHAPTER,
OR
  (E)  HAS  SOLICITED  OR HAS EMPLOYED ANOTHER TO SOLICIT FOR HIMSELF OR
HERSELF OR FOR ANOTHER PROFESSIONAL TREATMENT, EXAMINATION OR CARE OF AN
INJURED EMPLOYEE WITH ANY CLAIM UNDER THIS CHAPTER, OR
  (F) HAS REFUSED TO APPEAR BEFORE, TO TESTIFY, TO SUBMIT TO  A  DEPOSI-
TION,  OR  ANSWER UPON REQUEST OF THE CHAIR, BOARD, SOCIAL WORK PRACTICE
COMMITTEE OR ANY DULY AUTHORIZED OFFICER OF THE STATE, ANY  LEGAL  QUES-
TION  OR  PRODUCE ANY RELEVANT BOOK OR PAPER CONCERNING CONDUCT UNDER AN
AUTHORIZATION GRANTED UNDER LAW, OR
  (G) HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PARTICIPATED  IN
THE DIVISION, TRANSFERENCE, ASSIGNMENT, REBATING, SPLITTING OR REFUNDING
OF A FEE FOR, OR HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PROF-
ITED  BY  MEANS  OF  A  CREDIT  OR OTHERWISE VALUABLE CONSIDERATION AS A
COMMISSION, DISCOUNT OR GRATUITY IN CONNECTION WITH THE TREATMENT  OF  A
WORKERS' COMPENSATION CLAIMANT.
  12. ANY PERSON WHO VIOLATES OR ATTEMPTS TO VIOLATE, AND ANY PERSON WHO
AIDS  ANOTHER TO VIOLATE OR ATTEMPTS TO INDUCE HIM OR HER TO VIOLATE THE
PROVISIONS OF PARAGRAPH (G) OF SUBDIVISION ELEVEN OF THIS SECTION  SHALL
BE GUILTY OF A MISDEMEANOR.
  13.  NOTHING  IN  THIS  SECTION  SHALL BE CONSTRUED AS LIMITING IN ANY
RESPECT THE POWER OR DUTY OF  THE  CHAIR  TO  INVESTIGATE  INSTANCES  OF
MISCONDUCT,  EITHER  BEFORE  OR  AFTER  INVESTIGATION BY THE SOCIAL WORK
PRACTICE COMMITTEE, OR TO TEMPORARILY SUSPEND THE AUTHORIZATION  OF  ANY
SOCIAL  WORKER  BELIEVED TO BE GUILTY OF SUCH MISCONDUCT. THE PROVISIONS
OF SUBDIVISION ONE OF SECTION THIRTEEN-D OF THIS ARTICLE WHICH  ARE  NOT
INCONSISTENT  WITH THE PROVISIONS OF THIS SECTION SHALL BE APPLICABLE AS
IF FULLY SET FORTH IN THIS SECTION.
  14. NOTHING CONTAINED IN THIS SECTION SHALL  PROHIBIT  SOCIAL  WORKERS
WHO  PRACTICE  AS  PARTNERS,  IN GROUPS OR AS A PROFESSIONAL CORPORATION
FROM POOLING FEES  AND  MONEYS  RECEIVED,  EITHER  BY  THE  PARTNERSHIP,
PROFESSIONAL  CORPORATION OR GROUP OR BY THE INDIVIDUAL MEMBERS THEREOF,
FOR PROFESSIONAL  SERVICES  FURNISHED  BY  ANY  INDIVIDUAL  PROFESSIONAL
MEMBER, OR EMPLOYEE OF SUCH PARTNERSHIP, CORPORATION OR GROUP, NOR SHALL
THE PROFESSIONALS CONSTITUTING THE PARTNERSHIPS, CORPORATIONS, OR GROUPS
BE PROHIBITED FROM SHARING, DIVIDING OR APPORTIONING THE FEES AND MONEYS
RECEIVED  BY THEM OR BY THE PARTNERSHIP, CORPORATION OR GROUP IN ACCORD-
ANCE WITH A PARTNERSHIP OR OTHER AGREEMENT.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately any  rules  and  regu-
lations  necessary to implement the provisions of this act on its effec-
tive date are authorized and directed to be completed on or before  such
date.