S T A T E O F N E W Y O R K
________________________________________________________________________
2336--A
2013-2014 Regular Sessions
I N A S S E M B L Y
January 14, 2013
___________
Introduced by M. of A. RODRIGUEZ, ROBINSON -- read once and referred to
the Committee on Education -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend chapter 420 of the laws of 2002, relating to the profes-
sion of social work, in relation to establishing a permanent extension
of the unlicensed practice exemption; and to amend the education law,
in relation to permitting entities to employ certain licensed profes-
sionals and to repeal certain provisions of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 7707 of the education law is amended by adding a
new subdivision 6 to read as follows:
6. NOTHING IN SECTION SIXTY-FIVE HUNDRED TWELVE OF THIS TITLE SHALL BE
CONSTRUED TO PROHIBIT A LICENSED MASTER SOCIAL WORKER, A LICENSED CLIN-
ICAL SOCIAL WORKER OR A LICENSED MENTAL HEALTH COUNSELOR, AS DEFINED IN
THIS ARTICLE, FROM PRACTICING HIS OR HER LICENSED PROFESSION WHILE
EMPLOYED BY AN ENTITY FORMED FOR CHARITABLE, EDUCATIONAL, OR RELIGIOUS
PURPOSES OR OTHER SIMILAR PURPOSES.
S 2. Section 6512 of the education law is amended by adding a new
subdivision 3 to read as follows:
3. NOTWITHSTANDING ANY LAWS TO THE CONTRARY, ANY ENTITY FORMED FOR
CHARITABLE, EDUCATIONAL, OR RELIGIOUS PROPOSES OR OTHER SIMILAR
PURPOSES, SHALL BE AUTHORIZED TO EMPLOY OR CONTRACT WITH A LICENSED
MASTER SOCIAL WORKER, A LICENSED CLINICAL SOCIAL WORKER OR A LICENSED
METAL HEALTH COUNSELOR TO PROVIDE SERVICES PROVIDED UNDER ARTICLE ONE
HUNDRED FIFTY-FOUR OR ONE HUNDRED SIXTY-THREE OF THIS TITLE.
S 3. Section 6503-a of the education law is REPEALED and a new section
6503-a is added to read as follows:
S 6503-A. EXEMPTION FOR ENTITIES PROVIDING CERTAIN PROFESSIONAL
SERVICES. 1. NOTWITHSTANDING ANY LAWS TO THE CONTRARY, AN ENTITY MAY
EMPLOY OR CONTRACT WITH A LICENSED PROFESSIONAL TO PROVIDE:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02962-02-3
A. 2336--A 2
(A) SERVICES PROVIDED UNDER ARTICLE ONE HUNDRED FIFTY-FOUR OR ONE
HUNDRED SIXTY-THREE OF THIS TITLE FOR WHICH LICENSURE WOULD BE REQUIRED;
OR
(B) 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 ARTICLES ONE HUNDRED THIRTY-ONE, ONE
HUNDRED THIRTY-NINE OR ONE HUNDRED FIFTY-THREE OF THIS TITLE.
2. SUCH SERVICES MAY BE PROVIDED EITHER DIRECTLY THROUGH THE ENTITY'S
EMPLOYEES OR INDIRECTLY BY CONTRACT WITH INDIVIDUALS TO PROFESSIONAL
ENTITIES DULY LICENSED, REGISTERED, OR AUTHORIZED TO PROVIDE SUCH
SERVICES.
S 4. 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 chap-
ter 132 of the laws of 2010, 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 OFFICE
OF TEMPORARY AND DISABILITY ASSISTANCE, the department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION, the state office for
the aging, the department of health, THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT, 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 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 authority. After receipt of such data, the commis-
sioner shall convene a workgroup of such state agencies for the purpose
of reviewing such data and also to make recommendations regarding amend-
ments 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.
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
A. 2336--A 3
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 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 5. This act shall take effect immediately.