S T A T E O F N E W Y O R K
________________________________________________________________________
7409
2021-2022 Regular Sessions
I N A S S E M B L Y
May 7, 2021
___________
Introduced by M. of A. CUSICK -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation to the effectiveness of
certain provisions relating to persons practicing in certain licensed
programs or services who are exempt from practice requirements of
professionals licensed by the department of education; to amend part Y
of chapter 57 of the laws of 2018, amending the education law relating
to persons practicing in certain licensed programs or services who are
exempt from practice requirements of professionals licensed by the
department of education, in relation to the effectiveness thereof; to
amend chapter 420 of the laws of 2002, amending the education law
relating to the profession of social work, in relation to extending
the expiration of certain provisions thereof; to amend chapter 676 of
the laws of 2002, amending the education law relating to the practice
of psychology, in relation to extending the expiration of certain
provisions; and to amend chapter 130 of the laws of 2010, amending the
education law and other laws relating to the registration of entities
providing certain professional services and licensure of certain
professions, in relation to extending certain provisions thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 12 section 7605 of the education law, as added
by section 2 of part Y of chapter 57 of the laws of 2018, is amended to
read as follows:
12. Notwithstanding any other provision of law to the contrary, noth-
ing in this article shall be construed to prohibit or limit the activ-
ities or services provided under this article by any person who is
employed or who commences employment in a program or service operated,
regulated, funded, or approved by the department of mental hygiene, the
office of children and family services, or a local governmental unit as
that term is defined in section 41.03 of the mental hygiene law or a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11070-01-1
A. 7409 2
social services district as defined in section sixty-one of the social
services law on or before one year from the date that the [regulations]
JOINT EXECUTIVE AGENCIES REPORT issued in accordance with SUBDIVISION
TWO OF section six of [the] PART Y OF chapter FIFTY-SEVEN of the laws of
two thousand eighteen which added this subdivision [appear in the state
register or are adopted, whichever is later]. Such prohibitions or limi-
tations shall not apply to such employees for as long as they remain
employed by such programs or services and whether they remain employed
by the same or other employers providing such programs or services.
Provided, however, that any person who commences employment in such
program or service after such date and performs services that are
restricted under this article shall be appropriately licensed or author-
ized under this article. Each state oversight agency shall create and
maintain a process to verify employment history of individuals exempt
under this subdivision.
§ 2. Subdivision 8 of section 7706 of the education law, as added by
section 4 of part Y of chapter 57 of the laws of 2018, is amended to
read as follows:
8. Notwithstanding any other provision of law to the contrary, nothing
in this article shall be construed to prohibit or limit the activities
or services provided under this article by any person who is employed or
who commences employment in 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 corrections and communi-
ty supervision, the office of temporary and disability assistance, the
state office for the aging and the department of health or a local
governmental unit as that term is defined in section 41.03 of the mental
hygiene law or a social services district as defined in section sixty-
one of the social services law on or before one year from the date that
the [regulations] JOINT EXECUTIVE AGENCIES REPORT issued in accordance
with SUBDIVISION TWO OF section six of [the] PART Y OF chapter FIFTY-
SEVEN of the laws of two thousand eighteen which added this subdivision
[appear in the state register or are adopted, whichever is later]. Such
prohibitions or limitations shall not apply to such employees for as
long as they remain employed by such programs or services and whether
they remain employed by the same or other employers providing such
programs or services. Provided however, that any person who commences
employment in such program or service after such date and performs
services that are restricted under this article shall be appropriately
licensed or authorized under this article. Each state oversight agency
shall create and maintain a process to verify employment history of
individuals exempt under this subdivision.
§ 3. Subdivision 9 of section 8410 of the education law, as added by
section 5 of part Y of chapter 57 of the laws of 2018, is amended to
read as follows:
9. Notwithstanding any other provision of law to the contrary, nothing
in this article shall be construed to prohibit or limit the activities
or services provided under this article by any person who is employed or
who commences employment in 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 corrections and communi-
ty supervision, the office of temporary and disability assistance, the
state office for the aging and the department of health or a local
governmental unit as that term is defined in section 41.03 of the mental
hygiene law or a social services district as defined in section sixty-
one of the social services law on or before one year from the date that
A. 7409 3
the [regulations] JOINT EXECUTIVE AGENCIES REPORT issued in accordance
with SUBDIVISION TWO OF section six of [the] PART Y OF chapter FIFTY-
SEVEN of the laws of two thousand eighteen which added this subdivision
[appear in the state register or are adopted, whichever is later]. Such
prohibitions or limitations shall not apply to such employees for as
long as they remain employed by such programs or services and whether
they remain employed by the same or other employers providing such
programs or services. Provided however, that any person who commences
employment in such program or service after such date and performs
services that are restricted under this article shall be appropriately
licensed or authorized under this article. Each state oversight agency
shall create and maintain a process to verify employment history of
individuals exempt under this subdivision.
§ 4. Subdivision 2 of section 6 of part Y of chapter 57 of the laws of
2018, amending the education law relating to persons practicing in
certain licensed programs or services who are exempt from practice
requirements of professionals licensed by the department of education,
is amended to read as follows:
2. Not later than ONE YEAR AND sixty days from the adoption of the
regulations required by this section, the executive agencies together
shall issue a single report to the governor, the temporary president of
the senate, the speaker of the assembly, and the state education depart-
ment that may include but not be limited to, all matters where any indi-
vidual agency objects to or has concerns regarding regulations or guid-
ance issued by the department pursuant to subdivision one of this
section; a projected fiscal impact or effect of any regulations or guid-
ance on each executive agency; identification of licensed professions
shortage areas under each executive agency; identification of appropri-
ate rate, policy, or legislative changes that may address workforce
shortages in licensed professions or access to services; an analysis and
identification of the need for resources and investment to fortify the
state's mental health workforce; an identification of barriers to hiring
licensees and the mechanism and oversight structure used to track indi-
viduals that are subject to: subdivision 12 of section 7605 of the
education law, subdivision 8 of section 7706 of the education law, or
subdivision 9 of section 8410 of the education law; or any other perti-
nent information.
§ 5. 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 section 8 of part Y of chapter 57 of the laws of 2018, 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 office of
temporary and disability assistance, the department of corrections and
community supervision, 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 one year from the date that the [regulations] JOINT EXECUTIVE
AGENCIES REPORT IS issued in accordance with SUBDIVISION TWO OF section
six of part Y of [the] chapter FIFTY-SEVEN of the laws of 2018 which
amended this subdivision [appear in the state register, or the date such
A. 7409 4
regulations are adopted, whichever is later]; provided however that the
state education department shall notify the legislative bill drafting
commission upon the occurrence of the date [such] regulations REQUIRED
BY SECTION SIX OF PART Y OF CHAPTER FIFTY-SEVEN OF THE LAWS OF 2018
appear in the state register and the date of their adoption in order
that the commission may maintain an accurate and timely effective data-
base of the official text of the laws of the state of New York in furth-
erance of effectuating the provisions of section 44 of the legislative
law and section 70-b of the public officers law.
§ 6. Subdivision a of section 17-a of chapter 676 of the laws of 2002,
amending the education law relating to the practice of psychology, as
amended by section 9 of part Y of chapter 57 of the laws of 2018, is
amended to read as follows:
a. In relation to activities and services provided under article 153
of the education law, nothing in this act shall prohibit or limit such
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 or the office of children and family
services, or a local governmental unit as that term is defined in arti-
cle 41 of the mental hygiene law or a social services district as
defined in section 61 of the social services law. In relation to activ-
ities and services provided under article 163 of the education law,
nothing in this act shall prohibit or limit such activities or services
on the part of any person in the employ of a program or service oper-
ated, regulated, funded, or approved by the department of mental
hygiene, the office of children and family services, the department of
corrections and community supervision, the office of temporary and disa-
bility assistance, the state office for the aging and 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, pursuant to authority granted by
law. This section shall not authorize the use of any title authorized
pursuant to article 153 or 163 of the education law by any such employed
person, except as otherwise provided by such articles respectively.
This section shall be deemed repealed one year from the date that the
[regulations] JOINT EXECUTIVE AGENCIES REPORT IS issued in accordance
with SUBDIVISION TWO OF section six of part Y of [the] chapter FIFTY-
SEVEN of the laws of 2018 which amended this subdivision [appear in the
state register, or the date such regulations are adopted, whichever is
later]; provided however that the state education department shall noti-
fy the legislative bill drafting commission upon the occurrence of the
date [such] regulations REQUIRED BY SECTION SIX OF PART Y OF CHAPTER
FIFTY-SEVEN OF THE LAWS OF 2018 appear in the state register and the
date of their adoption in order that the commission may maintain an
accurate and timely effective database of the official text of the laws
of the state of New York in furtherance of effectuating the provisions
of section 44 of the legislative law and section 70-b of the public
officers law.
§ 7. Section 16 of chapter 130 of the laws of 2010, amending the
education law and other laws relating to the registration of entities
providing certain professional services and the licensure of certain
professions, as amended by section 10 of part Y of chapter 57 of the
laws of 2018, is amended to read as follows:
§ 16. This act shall take effect immediately; provided that sections
thirteen, fourteen and fifteen of this act shall take effect immediately
and shall be deemed to have been in full force and effect on and after
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June 1, 2010 and such sections shall be deemed repealed one year from
the date that the [regulations] JOINT EXECUTIVE AGENCIES REPORT issued
in accordance with SUBDIVISION TWO OF section six of part Y of [the]
chapter FIFTY-SEVEN of the laws of 2018 which amended this section
[appear in the state register, or the date such regulations are adopted,
whichever is later]; provided however that the state education depart-
ment shall notify the legislative bill drafting commission upon the
occurrence of the date [such] regulations REQUIRED BY SECTION SIX OF
PART Y OF CHAPTER FIFTY-SEVEN OF THE LAWS OF 2018 appear in the state
register and the date of their adoption in order that the commission may
maintain an accurate and timely effective database of the official text
of the laws of the state of New York in furtherance of effectuating the
provisions of section 44 of the legislative law and section 70-b of the
public officers law; provided further that the amendments to section 9
of chapter 420 of the laws of 2002 amending the education law relating
to the profession of social work made by section thirteen of this act
shall repeal on the same date as such section repeals; provided further
that the amendments to section 17-a of chapter 676 of the laws of 2002
amending the education law relating to the practice of psychology made
by section fourteen of this act shall repeal on the same date as such
section repeals.
§ 8. This act shall take effect immediately.