Extends certain provisions relating to the professions of social work and mental health practitioners

Summary of Provisions: This bill would amend Chapters 420 and 676 of the Laws of 2002, relating to the licensure of social workers, psychol- ogists and other mental health professionals. Both laws include provisions that exempt DMH, OCFS and local government programs and providers from meeting licensure requirements until January 1, 2010. Chapter 57 of the Laws of 2009 extended the exemptions for an additional six months, from January 1, 2010, to. June 1, 2010. This bill would further extend the exemptions from June 1, 2010, to July 1, 2014. The bill would also require the State Education Commissioner to convene a workgroup of representatives from State agencies, local government mental hygiene and social services departments, not-for-profit provid- ers, professional associations and consumers, and other key stakehold- ers, Such workgroup shall report on the costs of compliance, the poten- tial implementation process, the impact on stakeholders and services from compliance, and shall make recommendations to the Governor and Legislature by October 1, 2011 with respect to any necessary amendments to law, rule or regulation.

The purpose of these exemptions is to allow for continued flexibility for State and local government entities in the delivery of mental health services while the full impact of the law is evaluated and while recom- mendations are developed in professional licensure standards in programs under the jurisdiction of such governmental entities. The licensing requirements contain strict standards for education and experience that must be met to qualify for licensure. Many individuals, including para- professionals, may be performing tasks that fall within the scope of practice of these licensed professions but have not attained the educa- tion and experience required for licensure. Since many State-operated and local mental health programs rely on social workers, psychologists and other mental health professionals to perform counseling, psychother- apy, and case management, failure to extend the exemption would have a significant negative impact on the delivery of mental health services and may require the State and local governments to lay off social work- ers and other mental health professionals who do not meet current licensing standards and replace them with licensed individuals.

Statement in Support and Budgetary Implications: Absent this legis- lation, Licensed Master Social Workers (LMSW) would also be prohibited from supervising Licensed Clinical Social Workers (LCSW) and could not practice clinical social work unless they received supervision from a LCSW, Licensed Psychologist, or Psychiatrist. Since LMSWs cannot provide clinical services without supervision, the sunset of the exemption would also require State and local governments to hire a large number of LCSWs, Psychologists and Psychiatrists. This would also likely create a disruption in the supervisory staffing patterns and succession planning issues as LMSWs will no longer be able to serve as clinical. supervi- sors. Given that the State faces a clinical staffing shortage, this may negatively impact services.

Enactment of this bill would allow the State to avoid costs projected at $62 million per year, and voluntary providers to avoid costs of $227 million per year. Such additional costs would be required to hire and replace existing employees who lack the licensing requirements that would be in effect absent this legislation.