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

                                  2336

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2013
                               ___________

Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
  Committee on Education

AN ACT to amend the education law, in relation  to  permitting  not-for-
  profit  organizations  to employ certain licensed professionals 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 A NOT-FOR-PROFIT ORGANIZATION FORMED FOR CHARITABLE, EDUCA-
TIONAL, 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 NOT-FOR-PROFIT ORGAN-
IZATION  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  MENTAL  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 Section 6503-a of the education law is REPEALED and a new section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, A NOT-FOR-PROFIT
ORGANIZATION MAY EMPLOY OR CONTRACT  WITH  A  LICENSED  PROFESSIONAL  TO
PROVIDE  SERVICES  PROVIDED  UNDER ARTICLE ONE HUNDRED FIFTY-FOUR OR ONE
HUNDRED SIXTY-THREE OF THIS TITLE FOR WHICH LICENSURE WOULD BE REQUIRED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02962-01-3

              

A. 2336                             2

  2. SUCH SERVICES MAY BE PROVIDED EITHER DIRECTLY THROUGH THE  ENTITY'S
EMPLOYEES  OR  INDIRECTLY  BY  CONTRACT WITH INDIVIDUALS OR PROFESSIONAL
ENTITIES DULY  LICENSED,  REGISTERED,  OR  AUTHORIZED  TO  PROVIDE  SUCH
SERVICES.
  S 4. This act shall take effect immediately.

                            
                    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.