Senate Bill S9303

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9303
 
                             I N  S E N A T E
 
                             February 27, 2026
                                ___________
 
 Introduced  by Sen. MARTINEZ -- 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 certain persons with a
   masters in social work
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  5  of  section 7706 of the education law, as
 added by chapter 420 of the laws of 2002, is amended to read as follows:
   5. Prevent or prohibit the  performance  of  activities  and  services
 within  the scope of practice of licensed master social work or licensed
 clinical social work as defined in section seventy-seven hundred one  of
 this article by the following:
   (a) any individual who is credentialed under any law, including attor-
 neys,  rape  crisis  counselors,  credentialed  alcoholism and substance
 abuse counselors whose scope of practice includes the practices  defined
 in  section seventy-seven hundred one of this article from performing or
 claiming to perform work authorized by  applicable  provisions  of  this
 chapter and the mental hygiene law;
   (b)  provision  of  pastoral  counseling services by any member of the
 clergy or christian science practitioner, from providing pastoral  coun-
 selling  services  within  the context of [his or her] THEIR ministerial
 charge or obligation;
   (c) students who are enrolled in a baccalaureate  of  social  work  or
 professional  graduate level social work program of study, and which are
 required to perform as part of the field work component of that program,
 services provided under the  supervision  of  a  field  work  supervisor
 approved by the program;
   (d) on the part of a student or trainee who is enrolled in an institu-
 tion or program registered by the department or accredited by an accred-
 iting organization acceptable to the department to provide training in a
 discipline  or  profession,  other  than  social work or clinical social
 work, that is licensed pursuant to this title, where such activities and
 services are authorized within the definition of the scope  of  practice
 of  the profession, or discipline in which [he or she is] THEY ARE being
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14981-02-6
 S. 9303                             2
 
 trained as set forth in [the education law] THIS CHAPTER or the  commis-
 sioner's  regulations,  provided  that such services are performed under
 the regular and ongoing supervision of a licensee in the  profession  or
 discipline  in  which  [he or she is] THEY ARE being trained who assumes
 professional responsibility for the services  performed  under  [his  or
 her]  THEIR  supervision  and  that such activities and the provision of
 such services are a formal part of the professional training program  in
 which [he or she is] THEY ARE enrolled;
   (e)  A  GRADUATE  OF  AN ACCREDITED MASTER OF SOCIAL WORK PROGRAM FROM
 ENGAGING IN SUPERVISED SOCIAL WORK, PROVIDED  THE  GRADUATE  HAS:    (I)
 APPLIED  AND  PAID A FEE FOR THE LICENSING AND EXAMINATION; (II) APPLIED
 AND PAID A FEE FOR THE LIMITED PERMIT PURSUANT TO SECTION  SEVENTY-SEVEN
 HUNDRED  FIVE  OF  THIS  ARTICLE. SUCH EXEMPTION SHALL NOT EXTEND BEYOND
 NINETY DAYS AFTER GRADUATION;
   (F) any federal, state, county or municipal employee performing  clin-
 ical  social  work  services upon the effective date of this section for
 the period during which they maintain such employment with such  govern-
 mental  unit  within the context of such employment and shall be limited
 to the services provided upon such effective date; and
   [(f)] (G) any employee performing clinical social work services on the
 effective date of this section for the period during which they maintain
 such employment with such entity within the context of such  employment,
 and  shall  be  limited to the services provided prior to such effective
 date.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.