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

                                  3024

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2013
                               ___________

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:
  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 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repealed on July 1, 2013]; provided, further, however, that on or before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
authority.  After receipt of such data, the commissioner shall convene a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06726-01-3
              

A. 3024                             2

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.