•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

S06378 Summary:

BILL NOS06378
 
SAME ASSAME AS A07409
 
SPONSORHARCKHAM
 
COSPNSRBROUK
 
MLTSPNSR
 
Amd 7605, 7706 & 8410, Ed L; amd Part Y 6, Chap 57 of 2018; amd 9, Chap 420 of 2002; amd 17-a, Chap 676 of 2002; amd 16, Chap 130 of 2010
 
Relates 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.
Go to top

S06378 Memo:

Memo not available
Go to top

S06378 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6378
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                     April 26, 2021
                                       ___________
 
        Introduced  by  Sens. HARCKHAM, BROUK -- 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 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:
 
     1    Section  1. Subdivision 12 section 7605 of the education law, as added
     2  by section 2 of part Y of chapter 57 of the laws of 2018, is amended  to
     3  read as follows:
     4    12.  Notwithstanding any other provision of law to the contrary, noth-
     5  ing in this article shall be construed to prohibit or limit  the  activ-
     6  ities  or  services  provided  under  this  article by any person who is
     7  employed or who commences employment in a program or  service  operated,
     8  regulated,  funded, or approved by the department of mental hygiene, the
     9  office of children and family services, or a local governmental unit  as
    10  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

        S. 6378                             2
 
     1  social services district as defined in section sixty-one of  the  social
     2  services  law on or before one year from the date that the [regulations]
     3  joint executive agencies report issued in  accordance  with  subdivision
     4  two of section six of [the] part Y of chapter fifty-seven of the laws of
     5  two  thousand eighteen which added this subdivision [appear in the state
     6  register or are adopted, whichever is later]. Such prohibitions or limi-
     7  tations shall not apply to such employees for as  long  as  they  remain
     8  employed  by  such programs or services and whether they remain employed
     9  by the same or other employers  providing  such  programs  or  services.
    10  Provided,  however,  that  any  person  who commences employment in such
    11  program or service after  such  date  and  performs  services  that  are
    12  restricted under this article shall be appropriately licensed or author-
    13  ized  under  this  article. Each state oversight agency shall create and
    14  maintain a process to verify employment history  of  individuals  exempt
    15  under this subdivision.
    16    §  2.  Subdivision 8 of section 7706 of the education law, as added by
    17  section 4 of part Y of chapter 57 of the laws of  2018,  is  amended  to
    18  read as follows:
    19    8. Notwithstanding any other provision of law to the contrary, nothing
    20  in  this  article shall be construed to prohibit or limit the activities
    21  or services provided under this article by any person who is employed or
    22  who commences employment in a program or  service  operated,  regulated,
    23  funded,  or  approved by the department of mental hygiene, the office of
    24  children and family services, the department of corrections and communi-
    25  ty supervision, the office of temporary and disability  assistance,  the
    26  state  office  for  the  aging  and  the department of health or a local
    27  governmental unit as that term is defined in section 41.03 of the mental
    28  hygiene law or a social services district as defined in  section  sixty-
    29  one  of the social services law on or before one year from the date that
    30  the [regulations] joint executive agencies report issued  in  accordance
    31  with  subdivision  two  of section six of [the] part Y of chapter fifty-
    32  seven of the laws of two thousand eighteen which added this  subdivision
    33  [appear  in the state register or are adopted, whichever is later]. Such
    34  prohibitions or limitations shall not apply to  such  employees  for  as
    35  long  as  they  remain employed by such programs or services and whether
    36  they remain employed by the  same  or  other  employers  providing  such
    37  programs  or  services.  Provided however, that any person who commences
    38  employment in such program or  service  after  such  date  and  performs
    39  services  that  are restricted under this article shall be appropriately
    40  licensed or authorized under this article. Each state  oversight  agency
    41  shall  create  and  maintain  a  process to verify employment history of
    42  individuals exempt under this subdivision.
    43    § 3. Subdivision 9 of section 8410 of the education law, as  added  by
    44  section  5  of  part  Y of chapter 57 of the laws of 2018, is amended to
    45  read as follows:
    46    9. Notwithstanding any other provision of law to the contrary, nothing
    47  in this article shall be construed to prohibit or limit  the  activities
    48  or services provided under this article by any person who is employed or
    49  who  commences  employment  in a program or service operated, regulated,
    50  funded, or approved by the department of mental hygiene, the  office  of
    51  children and family services, the department of corrections and communi-
    52  ty  supervision,  the office of temporary and disability assistance, the
    53  state office for the aging and the  department  of  health  or  a  local
    54  governmental unit as that term is defined in section 41.03 of the mental
    55  hygiene  law  or a social services district as defined in section sixty-
    56  one of the social services law on or before one year from the date  that

        S. 6378                             3
 
     1  the  [regulations]  joint executive agencies report issued in accordance
     2  with subdivision two of section six of [the] part Y  of  chapter  fifty-
     3  seven  of the laws of two thousand eighteen which added this subdivision
     4  [appear  in the state register or are adopted, whichever is later]. Such
     5  prohibitions or limitations shall not apply to  such  employees  for  as
     6  long  as  they  remain employed by such programs or services and whether
     7  they remain employed by the  same  or  other  employers  providing  such
     8  programs  or  services.  Provided however, that any person who commences
     9  employment in such program or  service  after  such  date  and  performs
    10  services  that  are restricted under this article shall be appropriately
    11  licensed or authorized under this article. Each state  oversight  agency
    12  shall  create  and  maintain  a  process to verify employment history of
    13  individuals exempt under this subdivision.
    14    § 4. Subdivision 2 of section 6 of part Y of chapter 57 of the laws of
    15  2018, amending the education  law  relating  to  persons  practicing  in
    16  certain  licensed  programs  or  services  who  are exempt from practice
    17  requirements of professionals licensed by the department  of  education,
    18  is amended to read as follows:
    19    2.  Not  later  than  one year and sixty days from the adoption of the
    20  regulations required by this section, the  executive  agencies  together
    21  shall  issue a single report to the governor, the temporary president of
    22  the senate, the speaker of the assembly, and the state education depart-
    23  ment that may include but not be limited to, all matters where any indi-
    24  vidual agency objects to or has concerns regarding regulations or  guid-
    25  ance  issued  by  the  department  pursuant  to  subdivision one of this
    26  section; a projected fiscal impact or effect of any regulations or guid-
    27  ance on each executive agency; identification  of  licensed  professions
    28  shortage  areas under each executive agency; identification of appropri-
    29  ate rate, policy, or legislative  changes  that  may  address  workforce
    30  shortages in licensed professions or access to services; an analysis and
    31  identification  of  the need for resources and investment to fortify the
    32  state's mental health workforce; an identification of barriers to hiring
    33  licensees and the mechanism and oversight structure used to track  indi-
    34  viduals  that  are  subject  to:  subdivision  12 of section 7605 of the
    35  education law, subdivision 8 of section 7706 of the  education  law,  or
    36  subdivision  9 of section 8410 of the education law; or any other perti-
    37  nent information.
    38    § 5. Subdivision a of section 9 of chapter 420 of  the  laws  of  2002
    39  amending the education law relating to the profession of social work, as
    40  amended  by  section  8  of part Y of chapter 57 of the laws of 2018, is
    41  amended to read as follows:
    42    a. Nothing in this act shall  prohibit  or  limit  the  activities  or
    43  services on the part of any person in the employ of a program or service
    44  operated,  regulated,  funded,  or  approved by the department of mental
    45  hygiene, the office of children  and  family  services,  the  office  of
    46  temporary  and  disability assistance, the department of corrections and
    47  community supervision, the state office for the aging, the department of
    48  health, or a local governmental unit as that term is defined in  article
    49  41 of the mental hygiene law or a social services district as defined in
    50  section  61  of the social services law, provided, however, this section
    51  shall not authorize the use of any title authorized pursuant to  article
    52  154  of  the  education  law,  except  that this section shall be deemed
    53  repealed one year from the date that the [regulations]  joint  executive
    54  agencies  report is issued in accordance with subdivision two of section
    55  six of part Y of [the] chapter fifty-seven of the  laws  of  2018  which
    56  amended this subdivision [appear in the state register, or the date such

        S. 6378                             4

     1  regulations  are adopted, whichever is later]; provided however that the
     2  state education department shall notify the  legislative  bill  drafting
     3  commission  upon  the occurrence of the date [such] regulations required
     4  by  section  six  of  part  Y of chapter fifty-seven of the laws of 2018
     5  appear in the state register and the date of  their  adoption  in  order
     6  that  the commission may maintain an accurate and timely effective data-
     7  base of the official text of the laws of the state of New York in furth-
     8  erance of effectuating the provisions of section 44 of  the  legislative
     9  law and section 70-b of the public officers law.
    10    § 6. Subdivision a of section 17-a of chapter 676 of the laws of 2002,
    11  amending  the  education  law relating to the practice of psychology, as
    12  amended by section 9 of part Y of chapter 57 of the  laws  of  2018,  is
    13  amended to read as follows:
    14    a.  In  relation to activities and services provided under article 153
    15  of the education law, nothing in this act shall prohibit or  limit  such
    16  activities  or  services  on  the  part of any person in the employ of a
    17  program or service operated,  regulated,  funded,  or  approved  by  the
    18  department  of  mental  hygiene  or  the  office  of children and family
    19  services, or a local governmental unit as that term is defined in  arti-
    20  cle  41  of  the  mental  hygiene  law  or a social services district as
    21  defined in section 61 of the social services law.  In relation to activ-
    22  ities and services provided under article  163  of  the  education  law,
    23  nothing  in this act shall prohibit or limit such activities or services
    24  on the part of any person in the employ of a program  or  service  oper-
    25  ated,  regulated,  funded,  or  approved  by  the  department  of mental
    26  hygiene, the office of children and family services, the  department  of
    27  corrections and community supervision, the office of temporary and disa-
    28  bility  assistance, the state office for the aging and the department of
    29  health or a local governmental unit as that term is defined  in  article
    30  41 of the mental hygiene law or a social services district as defined in
    31  section  61 of the social services law, pursuant to authority granted by
    32  law. This section shall not authorize the use of  any  title  authorized
    33  pursuant to article 153 or 163 of the education law by any such employed
    34  person,  except  as  otherwise  provided  by such articles respectively.
    35  This section shall be deemed repealed one year from the  date  that  the
    36  [regulations]  joint  executive  agencies report is issued in accordance
    37  with subdivision two of section six of part Y of  [the]  chapter  fifty-
    38  seven  of the laws of 2018 which amended this subdivision [appear in the
    39  state register, or the date such regulations are adopted,  whichever  is
    40  later]; provided however that the state education department shall noti-
    41  fy  the  legislative bill drafting commission upon the occurrence of the
    42  date [such] regulations required by section six of  part  Y  of  chapter
    43  fifty-seven  of  the  laws  of 2018 appear in the state register and the
    44  date of their adoption in order that  the  commission  may  maintain  an
    45  accurate  and timely effective database of the official text of the laws
    46  of the state of New York in furtherance of effectuating  the  provisions
    47  of  section  44  of  the  legislative law and section 70-b of the public
    48  officers law.
    49    § 7. Section 16 of chapter 130 of  the  laws  of  2010,  amending  the
    50  education  law  and  other laws relating to the registration of entities
    51  providing certain professional services and  the  licensure  of  certain
    52  professions,  as  amended  by  section 10 of part Y of chapter 57 of the
    53  laws of 2018, is amended to read as follows:
    54    § 16. This act shall take effect immediately; provided  that  sections
    55  thirteen, fourteen and fifteen of this act shall take effect immediately
    56  and  shall  be deemed to have been in full force and effect on and after

        S. 6378                             5

     1  June 1, 2010 and such sections shall be deemed repealed  one  year  from
     2  the  date  that the [regulations] joint executive agencies report issued
     3  in accordance with subdivision two of section six of  part  Y  of  [the]
     4  chapter  fifty-seven  of  the  laws  of  2018 which amended this section
     5  [appear in the state register, or the date such regulations are adopted,
     6  whichever is later]; provided however that the state  education  depart-
     7  ment  shall  notify  the  legislative  bill drafting commission upon the
     8  occurrence of the date [such] regulations required  by  section  six  of
     9  part  Y  of  chapter fifty-seven of the laws of 2018 appear in the state
    10  register and the date of their adoption in order that the commission may
    11  maintain an accurate and timely effective database of the official  text
    12  of  the laws of the state of New York in furtherance of effectuating the
    13  provisions of section 44 of the legislative law and section 70-b of  the
    14  public  officers  law; provided further that the amendments to section 9
    15  of chapter 420 of the laws of 2002 amending the education  law  relating
    16  to  the  profession  of social work made by section thirteen of this act
    17  shall repeal on the same date as such section repeals; provided  further
    18  that  the  amendments to section 17-a of chapter 676 of the laws of 2002
    19  amending the education law relating to the practice of  psychology  made
    20  by  section  fourteen  of this act shall repeal on the same date as such
    21  section repeals.
    22    § 8. This act shall take effect immediately.
Go to top