STATE OF NEW YORK
________________________________________________________________________
S. 4637--A A. 6703--A
2013-2014 Regular Sessions
SENATE - ASSEMBLY
April 16, 2013
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Higher Educa-
tion -- reported favorably from said committee and committed to the
Committee on Finance -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. PRETLOW -- read once and referred
to the Committee on Higher Education -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the education law, in relation to mandatory continuing
education for social workers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 7710
2 to read as follows:
3 § 7710. Mandatory continuing education. 1. (a) Each licensed master
4 social worker or licensed clinical social worker required under this
5 article to register triennially with the department to practice in this
6 state, shall comply with the provisions of mandatory continuing educa-
7 tion requirements prescribed in subdivision two of this section, except
8 as set forth in paragraphs (b) and (c) of this subdivision. Licensed
9 master social workers or licensed clinical social workers who do not
10 satisfy the mandatory continuing education requirements shall not prac-
11 tice until they have met such requirements and they have been issued a
12 registration certificate, except that a licensed master social worker or
13 licensed clinical social worker may practice without having met such
14 requirements if he or she is issued a conditional registration certif-
15 icate pursuant to subdivision three of this section.
16 (b) Each licensed master social worker or licensed clinical social
17 worker shall be exempt from the mandatory continuing education require-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10338-02-3
S. 4637--A 2 A. 6703--A
1 ments for the triennial registration period during which they are first
2 licensed. In accordance with the intent of this section, adjustment to
3 the mandatory continuing education requirement may be granted by the
4 department for reasons of health that are certified by an appropriate
5 health care professional, for extended active duty with the armed forces
6 of the United States, or for other good cause acceptable to the depart-
7 ment which may prevent compliance.
8 (c) A licensed master social worker or a licensed clinical social
9 worker not engaged in practice, as determined by the department, shall
10 be exempt from the mandatory continuing education requirement upon the
11 filing of a statement with the department declaring such status. Any
12 licensee who returns to the practice of social work during the triennial
13 registration period shall notify the department prior to reentering the
14 profession and shall meet such mandatory education requirements as shall
15 be prescribed by regulations of the commissioner.
16 (d) A licensed clinical social worker who is also licensed and regis-
17 tered to practice as a licensed master social worker in the same trien-
18 nial registration period, shall not be required to complete more than
19 thirty-six hours of continuing education in the triennial registration
20 period, or one hour per month for a registration period other than thir-
21 ty-six months.
22 2. During each triennial registration period an applicant for regis-
23 tration as a licensed master social worker or licensed clinical social
24 worker shall complete a minimum of thirty-six hours of acceptable formal
25 continuing education. Any licensed master social worker or licensed
26 clinical social worker whose first registration date following the
27 effective date of this section occurs less than three years from such
28 effective date, but on or after January first, two thousand fifteen,
29 shall complete continuing education hours on a prorated basis at the
30 rate of one hour per month for the period beginning January first, two
31 thousand fifteen up to the first registration date thereafter. A licen-
32 see who has not satisfied the mandatory continuing education requirement
33 shall not be issued a triennial registration certificate by the depart-
34 ment and shall not practice unless and until a conditional registration
35 is issued as provided for in subdivision three of this section. Continu-
36 ing education hours taken during one triennium may not be transferred to
37 the subsequent triennium.
38 3. (a) The department, in its discretion, may issue a conditional
39 registration to a licensee who fails to meet the continuing education
40 requirements established in subdivision two of this section but who
41 agrees to make up any deficiencies and complete any additional education
42 which the department may require. The fee for such a conditional regis-
43 tration shall be the same as, and in addition to, the fee for the trien-
44 nial registration. The duration of such conditional registration shall
45 be determined by the department but shall not exceed one year. Any
46 licensee who is notified of the denial of registration for failure to
47 submit evidence, satisfactory to the department, of required continuing
48 education and who practices without such registration may be subject to
49 disciplinary proceedings pursuant to section sixty-five hundred ten of
50 this title.
51 (b) For purposes of this section "acceptable formal education" shall
52 mean formal courses of learning which contribute to professional prac-
53 tice in social work and which meet the standards prescribed by regu-
54 lations of the commissioner. Such formal courses of learning shall
55 include, but not be limited to, collegiate level credit and non-credit
56 courses, professional development programs and technical sessions
S. 4637--A 3 A. 6703--A
1 offered by national, state and local professional associations and other
2 organizations acceptable to the department, and any other organized
3 educational and technical programs acceptable to the department. Contin-
4 uing education courses must be taken from a provider who has been
5 approved by the department, based upon an application and fee, pursuant
6 to the regulations of the commissioner. The department may, in its
7 discretion and as needed to contribute to the health and welfare of the
8 public, require the completion of continuing education courses in
9 specific subjects to fulfill this mandatory continuing education
10 requirement. Licensed master social workers or licensed clinical social
11 workers shall maintain adequate documentation of completion of accepta-
12 ble formal continuing education and shall provide such documentation at
13 the request of the department. Failure to provide such documentation
14 upon the request of the department shall be an act of misconduct subject
15 to disciplinary proceedings pursuant to section sixty-five hundred ten
16 of this title.
17 (c) The mandatory continuing education fee shall be determined by the
18 department. Such fee shall be payable on or before the first day of each
19 triennial registration period, and shall be paid in addition to the
20 triennial registration fee required by paragraph (g) of subdivision one
21 and paragraph (g) of subdivision two of section seventy-seven hundred
22 four of this article.
23 § 2. This act shall take effect January 1, 2015; provided, however,
24 that effective immediately, the state education department is authorized
25 to take such steps in advance of such effective date, including the
26 addition, amendment and/or repeal of any rule or regulations as may be
27 necessary, to ensure the timely implementation of the provisions of this
28 act on such effective date.
