Senate Bill S4543

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

                                  4543

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 10, 2013
                               ___________

Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to  mandatory  continuing
  education for social workers

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

  Section 1. The education law is amended by adding a new  section  7710
to read as follows:
  S  7710.  MANDATORY  CONTINUING EDUCATION. 1. (A) EACH LICENSED MASTER
SOCIAL WORKER OR LICENSED CLINICAL SOCIAL  WORKER  REQUIRED  UNDER  THIS
ARTICLE  TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THIS
STATE, SHALL COMPLY WITH THE PROVISIONS OF MANDATORY  CONTINUING  EDUCA-
TION  REQUIREMENTS PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION, EXCEPT
AS SET FORTH IN PARAGRAPHS (B) AND (C) OF THIS  SUBDIVISION.    LICENSED
MASTER  SOCIAL  WORKERS  OR  LICENSED CLINICAL SOCIAL WORKERS WHO DO NOT
SATISFY THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT  PRAC-
TICE  UNTIL THEY HAVE MET SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A
REGISTRATION CERTIFICATE, EXCEPT THAT A LICENSED MASTER SOCIAL WORKER OR
LICENSED CLINICAL SOCIAL WORKER MAY PRACTICE  WITHOUT  HAVING  MET  SUCH
REQUIREMENTS  IF  HE OR SHE IS ISSUED A CONDITIONAL REGISTRATION CERTIF-
ICATE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  (B) EACH LICENSED MASTER SOCIAL WORKER  OR  LICENSED  CLINICAL  SOCIAL
WORKER  SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIRE-
MENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH THEY  ARE  FIRST
LICENSED.  IN  ACCORDANCE WITH THE INTENT OF THIS SECTION, ADJUSTMENT TO
THE MANDATORY CONTINUING EDUCATION REQUIREMENT MAY  BE  GRANTED  BY  THE
DEPARTMENT  FOR  REASONS  OF HEALTH THAT ARE CERTIFIED BY AN APPROPRIATE
HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES
OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE  DEPART-
MENT WHICH MAY PREVENT COMPLIANCE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07626-03-3

              

S. 4543                             2

  (C)  A  LICENSED  MASTER  SOCIAL  WORKER OR A LICENSED CLINICAL SOCIAL
WORKER NOT ENGAGED IN PRACTICE, AS DETERMINED BY THE  DEPARTMENT,  SHALL
BE  EXEMPT  FROM THE MANDATORY CONTINUING EDUCATION REQUIREMENT UPON THE
FILING OF A STATEMENT WITH THE DEPARTMENT  DECLARING  SUCH  STATUS.  ANY
LICENSEE WHO RETURNS TO THE PRACTICE OF SOCIAL WORK DURING THE TRIENNIAL
REGISTRATION  PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REENTERING THE
PROFESSION AND SHALL MEET SUCH MANDATORY EDUCATION REQUIREMENTS AS SHALL
BE PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
  2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT  FOR  REGIS-
TRATION  AS  A LICENSED MASTER SOCIAL WORKER OR LICENSED CLINICAL SOCIAL
WORKER SHALL COMPLETE A MINIMUM OF THIRTY-SIX HOURS OF ACCEPTABLE FORMAL
CONTINUING EDUCATION. ANY LICENSED  MASTER  SOCIAL  WORKER  OR  LICENSED
CLINICAL  SOCIAL  WORKER  WHOSE  FIRST  REGISTRATION  DATE FOLLOWING THE
EFFECTIVE DATE OF THIS SECTION OCCURS LESS THAN THREE  YEARS  FROM  SUCH
EFFECTIVE  DATE,  BUT  ON  OR  AFTER JANUARY FIRST, TWO THOUSAND TWELVE,
SHALL COMPLETE CONTINUING EDUCATION HOURS ON A  PRORATED  BASIS  AT  THE
RATE  OF  ONE  HOUR PER EIGHTEEN MONTHS FOR THE PERIOD BEGINNING JANUARY
FIRST, TWO THOUSAND FOURTEEN UP TO THE FIRST REGISTRATION DATE THEREAFT-
ER. A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING  EDUCATION
REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY
THE  DEPARTMENT  AND  SHALL  NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL
REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDIVISION  THREE
OF  THIS  SECTION. CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM
MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
  3. (A) THE DEPARTMENT, IN ITS  DISCRETION,  MAY  ISSUE  A  CONDITIONAL
REGISTRATION  TO  A  LICENSEE WHO FAILS TO MEET THE CONTINUING EDUCATION
REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO  OF  THIS  SECTION  BUT  WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
WHICH  THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL REGIS-
TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
NIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL  REGISTRATION  SHALL
BE  DETERMINED  BY  THE  DEPARTMENT  BUT  SHALL NOT EXCEED ONE YEAR. ANY
LICENSEE WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION  FOR  FAILURE  TO
SUBMIT  EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING
EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT  TO
DISCIPLINARY  PROCEEDINGS  PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
THIS TITLE.
  (B) FOR PURPOSES OF THIS SECTION "ACCEPTABLE FORMAL  EDUCATION"  SHALL
MEAN  FORMAL  COURSES OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL PRAC-
TICE IN SOCIAL WORK AND WHICH MEET THE  STANDARDS  PRESCRIBED  BY  REGU-
LATIONS  OF  THE  COMMISSIONER.  SUCH  FORMAL  COURSES OF LEARNING SHALL
INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT  AND  NON-CREDIT
COURSES,   PROFESSIONAL  DEVELOPMENT  PROGRAMS  AND  TECHNICAL  SESSIONS
OFFERED BY NATIONAL, STATE AND LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER
ORGANIZATIONS ACCEPTABLE TO THE  DEPARTMENT,  AND  ANY  OTHER  ORGANIZED
EDUCATIONAL  AND  TECHNICAL  PROGRAMS  ACCEPTABLE TO THE DEPARTMENT. THE
DEPARTMENT MAY, IN ITS DISCRETION AND AS NEEDED  TO  CONTRIBUTE  TO  THE
HEALTH  AND  WELFARE OF THE PUBLIC, REQUIRE THE COMPLETION OF CONTINUING
EDUCATION COURSES IN SPECIFIC SUBJECTS TO FULFILL THIS MANDATORY CONTIN-
UING EDUCATION  REQUIREMENT.  COURSES  MUST  BE  TAKEN  FROM  A  SPONSOR
APPROVED  BY  THE DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE COMMIS-
SIONER. LICENSED MASTER SOCIAL WORKER OR LICENSED CLINICAL SOCIAL WORKER
SHALL MAINTAIN ADEQUATE DOCUMENTATION OF COMPLETION OF ACCEPTABLE FORMAL
CONTINUING EDUCATION AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST
OF THE DEPARTMENT.  FAILURE  TO  PROVIDE  SUCH  DOCUMENTATION  UPON  THE
REQUEST  OF  THE  DEPARTMENT  SHALL  BE  AN ACT OF MISCONDUCT SUBJECT TO

S. 4543                             3

DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED  TEN  OF
THIS TITLE.
  (C)  THE  MANDATORY  CONTINUING  EDUCATION  FEE  SHALL  BE  FORTY-FIVE
DOLLARS.  SUCH FEE SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY  OF  EACH
TRIENNIAL  REGISTRATION  PERIOD,  AND  SHALL  BE PAID IN ADDITION TO THE
TRIENNIAL REGISTRATION FEE REQUIRED BY SECTION SIXTY-SEVEN HUNDRED THIR-
TY-FOUR OF THIS TITLE.
  S 2. This act shall take effect January 1, 2014. Provided, that effec-
tive immediately, the addition, amendment and/or repeal of any  rule  or
regulation necessary for the implementation of this act on its effective
date  are  authorized and directed to be made and completed by the state
education department.