S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6431
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 28, 2021
                                ___________
 
 Introduced  by  Sens. BROUK, HARCKHAM -- 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  extending  certain
   exemptions  for  persons  employed  as  mental  health  practitioners,
   psychologists and social workers

   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
 social services district as defined in section sixty-one of  the  social
 services  law  on  or before [one year] TWO YEARS from the date that the
 regulations issued in accordance with 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 appro-
 priately 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11068-01-1

 S. 6431                             2
 
   §  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] TWO YEARS from
 the date that the regulations issued in accordance with 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  arti-
 cle.  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] TWO YEARS from
 the date that the regulations issued in accordance with 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  arti-
 cle.  Each state oversight agency shall create and maintain a process to
 verify employment history of individuals exempt under this subdivision.
   § 4. This act shall take effect immediately.