Amd S6503-a, Ed L; amd S9, Chap 420 of 2002; amd S17-a, Chap 676 of 2002; ren S15 to be S16, add S15, amd
S16, Chap of 2010 (as proposed in S.5921-A/A.8897-A)
Proposes a chapter amendment relating to licensing requirements for certain social work and mental health professionals employed by certain corporations.
STATE OF NEW YORK
________________________________________________________________________
8178
IN SENATE
June 14, 2010
___________
Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
twice and ordered printed, and when printed to be committed to the
Committee on Finance
AN ACT to amend the education law, chapter 420 of the laws of 2002,
amending the education law relating to the profession of social work,
chapter 676 of the laws of 2002, amending the education law relating
to the practice of psychology, and a chapter 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 proposed in legislative bills numbers
S.5921-A and A.8897-A, in relation to the registration of entities
providing certain professional services and the licensure of certain
professions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph f of subdivision 1 of section 6503-a of the
2 education law, as amended by a chapter of the laws of 2010 amending the
3 education law and other laws relating to the registration of entities
4 providing certain professional services and the licensure of certain
5 professions, as proposed in legislative bills numbers S.5921-A and
6 A.8897-A, is amended to read as follows:
7 f. Each officer and director of such entity shall provide an attesta-
8 tion regarding his or her good moral character as required pursuant to
9 paragraph h of this subdivision. [Such statement shall set forth any
10 criminal convictions, pending criminal charges, determinations of
11 professional misconduct, pending charges of professional misconduct, or
12 any limitations on professional practice.] The commissioner shall be
13 further authorized to promulgate rules or regulations relating to the
14 standards of the waiver for entities pursuant to this section. Such
15 regulations shall include standards relating to the entity's ability to
16 provide services, the entity's maintenance of patient and business
17 records, the entity's fiscal policies, and such other standards as may
18 be prescribed by the commissioner.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12280-01-0
S. 8178 2
1 § 2. Subdivision 3 of section 6503-a of the education law, as amended
2 by a chapter of the laws of 2010 amending the education law and other
3 laws relating to the registration of entities providing certain profes-
4 sional services and the licensure of certain professions, as proposed in
5 legislative bills numbers S.5921-A and A.8897-A, is amended to read as
6 follows:
7 3. Nothing in this section shall be construed to limit the authority
8 of another state agency to certify, license, contract or otherwise
9 authorize an entity applying for a waiver pursuant to this section, if
10 such state agency is otherwise authorized under another provision of law
11 to certify, license, contract or authorize such an entity, nor shall a
12 waiver pursuant to this section be construed to provide an exemption of
13 such entity from any certification, licensure, need to contract or any
14 other such requirement established by such state agency or under any
15 other provision of law. If a state agency determines that such certif-
16 ication, licensure, contract or other authorization is required, a waiv-
17 er pursuant to this section shall not [independently] have the effect of
18 authorizing the provision of professional services under the jurisdic-
19 tion of such agency in the absence of certification, licensure, a
20 contract or other authorization from such state agency, and the depart-
21 ment shall consult with such agency regarding the need for licensure,
22 contracting, certification or authorization [to the extent required in
23 the regulations of the commissioner]. In determining an application for
24 a waiver pursuant to this section, the department shall consider as a
25 factor in such determination any denial of an operating certificate or
26 other authority to provide the services authorized pursuant to this
27 section by a New York state or federal agency, political subdivision,
28 municipal corporation, or local government agency or unit, and shall not
29 approve a waiver application authorizing an entity to provide a program
30 or services where the entity operated such a program or provided such
31 services for which an operating certificate or license is pending, was
32 disapproved or was revoked, or a written authorization or contract was
33 terminated for cause, by one of such agencies, except upon approval of
34 such action by the appropriate state agency. Such state agencies shall
35 notify the department, upon request and within a fifteen day period,
36 whether a waiver applicant has been subject to such disapproval, revoca-
37 tion or termination for cause or has a pending application for a license
38 or operating certificate.
39 § 3. Section 9 of chapter 420 of the laws of 2002 amending the educa-
40 tion law relating to the profession of social work, as amended by a
41 chapter of the laws of 2010 amending the education law and other laws
42 relating to the registration of entities providing certain professional
43 services and the licensure of certain professions, as proposed in legis-
44 lative bills numbers S.5921-A and A.8897-A, is amended to read as
45 follows:
46 § 9. a. Nothing in this act shall prohibit or limit the activities or
47 services on the part of any person in the employ of a program or service
48 operated, regulated, funded, or approved by the department of mental
49 hygiene, the office of children and family services, the department of
50 correctional services, the state office for the aging, the department of
51 health, or a local governmental unit as that term is defined in article
52 41 of the mental hygiene law or a social services district as defined in
53 section 61 of the social services law, provided, however, this section
54 shall not authorize the use of any title authorized pursuant to article
55 154 of the education law, except that this section shall be deemed
56 repealed on July 1, 2013; provided, further, however, that on or before
S. 8178 3
1 [July 1, 2011, each such state agency, local governmental unit, and
2 social services district, either individually or on a group basis, shall
3 submit to the commissioner of education a report on the utilization of
4 personnel subject to the provisions of this section. Such report shall
5 include but not be limited to: identification of tasks and activities
6 performed by such personnel categorized as tasks and functions
7 restricted to licensed personnel and tasks and functions that do not
8 require a license under article 154 of the education law; analysis of
9 costs associated with employing only appropriately licensed or otherwise
10 authorized personnel to perform tasks and functions that require licen-
11 sure under such article 154, including salary costs and costs associated
12 with providing support to unlicensed personnel in obtaining appropriate
13 licensure. Such report shall also include an action plan detailing meas-
14 ures through which each such entity shall, no later than July 1, 2013,
15 employ only licensed or otherwise authorized personnel to perform tasks
16 and functions requiring licensure, and shall include plans to assist the
17 entity's employees to become licensed, recommendations on alternative
18 pathways toward licensure, information related to reassignment, reap-
19 pointment, transfer, or reclassification of personnel, and any other
20 such support necessary to ensure an appropriately licensed workforce.
21 The commissioner of education shall, after consultation with state agen-
22 cies, not-for-profit providers, professional associations, consumers,
23 and other key stakeholders, submit a report to the speaker of the assem-
24 bly, the temporary president of the senate, and the chairs of the senate
25 and assembly education committees by July 1, 2012 to recommend any
26 amendments to law, rule or regulation necessary to fully implement the
27 requirements for licensure by July 1, 2013.] October 1, 2010, each state
28 agency identified in this subdivision shall submit to the commissioner
29 of education data, in such form and detail as requested by the commis-
30 sioner of education, concerning the functions performed by its service
31 provider workforce and the service provider workforce of the local
32 governmental units and social services districts as defined in this
33 subdivision over which the agency has regulatory authority. After
34 receipt of such data, the commissioner shall convene a workgroup of such
35 state agencies for the purpose of reviewing such data and also to make
36 recommendations regarding amendments to law, rule or regulation neces-
37 sary to clarify which tasks and activities must be performed only by
38 licensed or otherwise authorized personnel. No later than January 1,
39 2011, after consultation with such work group, the commissioner shall
40 develop criteria for the report required pursuant to subdivision b of
41 this section and shall work with such state agencies by providing advice
42 and guidance regarding which tasks and activities must be performed only
43 by licensed or otherwise authorized personnel.
44 b. On or before July 1, 2011, each such state agency, after consulta-
45 tion with local governmental units and social services districts as
46 defined in subdivision a of this section over which the agency has regu-
47 latory authority, shall submit to the commissioner of education a report
48 on the utilization of personnel subject to the provisions of this
49 section. Such report shall include but not be limited to: identification
50 of tasks and activities performed by such personnel categorized as tasks
51 and functions restricted to licensed personnel and tasks and functions
52 that do not require a license under article 154 of the education law;
53 analysis of costs associated with employing only appropriately licensed
54 or otherwise authorized personnel to perform tasks and functions that
55 require licensure under such article 154, including salary costs and
56 costs associated with providing support to unlicensed personnel in
S. 8178 4
1 obtaining appropriate licensure. Such report shall also include an
2 action plan detailing measures through which each such entity shall, no
3 later than July 1, 2013, comply with professional licensure laws appli-
4 cable to services provided and make recommendations on alternative path-
5 ways toward licensure.
6 c. The commissioner of education shall, after receipt of the report
7 required under this section, and after consultation with state agencies,
8 not-for-profit providers, professional associations, consumers, and
9 other key stakeholders, submit a report to the governor, the speaker of
10 the assembly, the temporary president of the senate, and the chairs of
11 the senate and assembly higher education committees by July 1, 2012 to
12 recommend any amendments to law, rule or regulation necessary to fully
13 implement the requirements for licensure by July 1, 2013. Other state
14 agency commissioners shall be provided an opportunity to include state-
15 ments or alternative recommendations in such report.
16 § 4. Subdivision b of section 17-a of chapter 676 of the laws of 2002
17 amending the education law relating to the practice of psychology, as
18 amended by a chapter of the laws of 2010 amending the education law and
19 other laws relating to the registration of entities providing certain
20 professional services and the licensure of certain professions, as
21 proposed in legislative bills numbers S.5921-A and A.8897-A, is amended
22 to read as follows:
23 b. This section shall be deemed repealed July 1, 2013 provided, howev-
24 er, that on or before [July 1, 2011, each such state agency, local
25 governmental unit, and social services district, either individually or
26 on a group basis, shall submit to the commissioner of education a report
27 on the utilization of personnel subject to the provisions of this
28 section. Such report shall include but not be limited to: identification
29 of tasks and activities performed by such personnel categorized as tasks
30 and functions restricted to licensed personnel and tasks and functions
31 that do not require a license under article 153 or 163 of the education
32 law; analysis of costs associated with employing only appropriately
33 licensed or otherwise authorized personnel to perform tasks and func-
34 tions that require licensure under such article 153 or 163, including
35 salary costs and costs associated with providing support to unlicensed
36 personnel in obtaining appropriate licensure. Such report shall also
37 include an action plan detailing measures through which each such entity
38 shall, no later than July 1, 2013, employ only licensed or otherwise
39 authorized personnel to perform tasks and functions requiring licensure,
40 and shall include plans to assist the entity's employees to become
41 licensed, recommendations on alternative pathways toward licensure,
42 information related to reassignment, reappointment, transfer, or reclas-
43 sification of personnel, and any other such support necessary to ensure
44 an appropriately licensed workforce. The commissioner of education
45 shall, after consultation with state agencies, not-for-profit providers,
46 professional associations, consumers, and other key stakeholders, submit
47 a report to the speaker of the assembly, the temporary president of the
48 senate, and the chairs of the senate and assembly higher education
49 committees by July 1, 2012 to recommend any amendments to law, rule or
50 regulation necessary to fully implement the requirements for licensure
51 by July 1, 2013.] October 1, 2010, each state agency identified in
52 subdivision a of this section shall submit to the commissioner of educa-
53 tion data, in such form and detail as requested by the commissioner of
54 education, concerning the functions performed by its service provider
55 workforce and the service provider workforce of the local governmental
56 units and social services districts as defined in subdivision a of this
S. 8178 5
1 section over which the agency has regulatory authority. After receipt of
2 such data, the commissioner shall convene a workgroup of such state
3 agencies for the purpose of reviewing such data and also to make recom-
4 mendations regarding amendments to law, rule or regulation necessary to
5 clarify which tasks and activities must be performed only by licensed or
6 otherwise authorized personnel. No later than January 1, 2011, after
7 consultation with such workgroup, the commissioner shall develop crite-
8 ria for the report required pursuant to paragraph one of this subdivi-
9 sion and shall work with such state agencies by providing advice and
10 guidance regarding which tasks and activities must be performed only by
11 licensed or otherwise authorized personnel.
12 1. On or before July 1, 2011, each such state agency, after consulta-
13 tion with local governmental units and social services districts as
14 defined in subdivision a of this section over which the agency has regu-
15 latory authority, shall submit to the commissioner of education a report
16 on the utilization of personnel subject to the provisions of this
17 section. Such report shall include but not be limited to: identification
18 of tasks and activities performed by such personnel categorized as tasks
19 and functions restricted to licensed personnel and tasks and functions
20 that do not require a license under article 153 or 163 of the education
21 law; analysis of costs associated with employing only appropriately
22 licensed or otherwise authorized personnel to perform tasks and func-
23 tions that require licensure under such article 153 or 163, including
24 salary costs and costs associated with providing support to unlicensed
25 personnel in obtaining appropriate licensure. Such report shall also
26 include an action plan detailing measures through which each such entity
27 shall, no later than July 1, 2013, comply with professional licensure
28 laws applicable to services provided and make recommendations on alter-
29 native pathways toward licensure.
30 2. The commissioner of education shall, after receipt of the reports
31 required under this section, and after consultation with state agencies,
32 not-for-profit providers, professional associations, consumers, and
33 other key stakeholders, submit a report to the governor, the speaker of
34 the assembly, the temporary president of the senate, and the chairs of
35 the senate and assembly higher education committees by July 1, 2012 to
36 recommend any amendments to law, rule or regulation necessary to fully
37 implement the requirements for licensure by July 1, 2013. Other state
38 agency commissioners shall be provided an opportunity to include state-
39 ments or alternative recommendations in such report.
40 § 5. Section 15 of a chapter of the laws of 2010 amending the educa-
41 tion law and other laws relating to the registration of entities provid-
42 ing certain professional services and the licensure of certain
43 professions, as proposed in legislative bills numbers S.5921-A and
44 A.8897-A, is renumbered section 16 and a new section 15 is added to read
45 as follows:
46 § 15. Not-for-profit entities which provide programs and services for
47 which an exemption relating to the professions is provided pursuant to
48 sections thirteen and fourteen of this act shall not be required to
49 receive a waiver pursuant to section 6503-a of the education law, as
50 established pursuant to section one of this act, and further such enti-
51 ties shall be considered to be approved settings for the receipt of
52 supervised experience for the professions governed by articles 153, 154
53 and 163 of the education law.
54 § 6. Section 16 of a chapter of the laws of 2010 amending the educa-
55 tion law and other laws relating to the registration of entities provid-
56 ing certain professional services and the licensure of certain
S. 8178 6
1 professions, as proposed in legislative bills numbers S.5921-A and
2 A.8897-A, as renumbered by section five of this act is amended to read
3 as follows:
4 § 16. This act shall take effect immediately; provided that [if this
5 act shall have become a law after June 1, 2010,] sections thirteen
6 [and], fourteen and fifteen of this act shall take effect immediately
7 and shall be deemed to have been in full force and effect on and after
8 June 1, 2010 and such sections shall be deemed repealed July 1, 2013;
9 provided further that the amendments to section 9 of chapter 420 of the
10 laws of 2002 amending the education law relating to the profession of
11 social work made by section thirteen of this act shall repeal on the
12 same date as such section repeals; provided further that the amendments
13 to section 17-a of chapter 676 of the laws of 2002 amending the educa-
14 tion law relating to the practice of psychology made by section fourteen
15 of this act shall repeal on the same date as such section repeals.
16 § 7. This act shall take effect on the same date and in the same
17 manner as a chapter of the laws of 2010 amending the education law and
18 other laws relating to the registration of entities providing certain
19 professional services and the licensure of certain professions, as
20 proposed in legislative bills numbers S.5921-A and A.8897-A, takes
21 effect.
