Relates to licensing requirements for certain social work and mental health professionals employed by certain corporations

Summary of provisions

Section 1 of the bill would amend Education Law § 6503-a (1)(f), as amended by a chapter of the laws of2010 amending the Education Law and other laws relating to the registration of entities providing certain professional services, to remove a requirement that an officer or a director of a not-for-profit entity or educational corporation seeking to provide professional services based upon a waiver by the State Educa- tion Department (SED) provide a statement setting forth, among other items, his or her criminal convictions and pending criminal charges.

Section 2 of the bill would amend Education Law § 6503-a (3), as amended by a chapter of the laws of 2010 amending the Education Law and other laws relating to the registration of entities providing certain profes- sional services, to: (1) provide that nothing in Education Law 6503-a(3) limits the authority of a State agency to contract with an entity applying for a waiver under this section, if the agency is other- wise authorized to contract with such an entity; (2) provide that a waiver issued pursuant to this section shall not relieve an entity otherwise required to contract with a State agency to provide services from the obligation to enter into such a contract prior to providing such services; (3) require SED, when considering an application for a waiver to consult with other State agencies regarding the need for licensure, contract, certification or authorization from another State agency; and (4) provide that SED may not approve a waiver application authorizing an entity to perform services for which the entity's operat- ing certificate or licensure is pending, was disapproved, was revoked, or was terminated for cause, except upon approval by the relevant State agency

Section 3 of the bill would amend section 9 of chapter 420 of the Laws of 2002, amending the Education Law relating to the profession of social work, to provide that: (1) on or before October 1, 2010, relevant State agencies shall submit to SED information and data concerning the func- tions performed by its service provider workforce and that of local governmental entities and social services districts; (2) after receipt of such data, SED shall convene a workgroup of relevant State agencies to review data and to make recommendations as to laws, rules or regu- lations necessary to clarify which tasks may only be performed by licensed personnel; (3) no later than July 1,2011, relevant agencies shall submit to SED a report on the utilization of personnel subject to licensure, along with an action plan detailing measures through which each entity shall, no later than July 1, 2013, comply with professional licensure laws or suggest alternative pathways toward licensure; and (4) after receipt of the report required by this section, SED shall, after consultation with relevant entities, submit a report by July 1,2012, outlining recommended amendments to law, rule or regulation necessary to fully implement the requirements for licensure by July 1, 2013, and shall allow State agencies to include statements or alternative recom- mendations in the report.

Section 4 of the bill would amend section 17-a of chapter 676 of the laws of 2002 amending the Education Law relating to the practice of psychology, to provide that: (1) on or before October 1, 2010, relevant State agencies shall submit to SED information and data concerning the functions performed by its service provider workforce and that of local governmental entities and social services districts; (2) after receipt of such data, SED shall convene a workgroup of relevant State agencies to review data and to make recommendations as to laws, rules or regu- lations necessary to clarify which tasks may only be performed by licensed personnel; (3) on or after July 1, 2011, relevant agencies shall submit to SED a report on the utilization of personnel subject to licensure, along with an action plan detailing measures through which each entity shall, no later than July 1, 2013, comply with professional licensure laws; and (4) after receipt of the report required by this section, SED shall, after consultation with relevant entities, submit a report by July 1, 2012, outlining recommended amendments to law, rule or regulation necessary to fully implement the requirements for licensure by July 1, 2013, and allow State agencies to include statements or alternative recommendations in the report.

Section 5 of the bill would amend a chapter of the laws of 2010 amending the Education Law and other laws relating to the registration of enti- ties providing certain professional services and the licensure of certain professions, as proposed in legislative bill numbers S.5921-A and A.8897-A, to provide that not-for-profit entities providing programs and services for which an exemption is provided shall not be required to receive a waiver and shall be considered approved settings for super- vised experience.

Section 6 of the bill would amend the repeal dates of certain sections of a chapter of the laws of 2010 amending the Education Law and other

laws relating to the registration of entities providing certain profes- sional services and the licensure of certain professions, as proposed in legislative bill numbers S.5921-A and A.8897-A.

Section 7 of the bill would provide that it would take effect on the same date and in the same manner as a chapter of the laws of 2010 amend- ing 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, takes effect.

Existing law

Chapter 420 of the Laws of 2002 made significant changes to the manner in which social work practice is evaluated and regulated by creating two licensed titles for social workers, Licensed Master Social Worker (LMSW) and Licensed Clinical Social Worker (LCSW), and defined the scope of practice for each title. The primary difference between the LMSW and LCSW license is that the LMSW license does not require previous clinical experience whereas the LCSW must have at least three years of full-time post-masters supervised clinical social work experience.

Chapter 676 of the Laws of 2002 clarifies and defines the scope of prac- tice for the profession of psychology in New York State. Chapter 676 also established licensing requirements for other mental health profes- sionals, including mental health counselors, marriage and family thera- pists, creative arts therapists and psychoanalysts.

Both Chapters 420 and 676 of 2002 were amended in 2003 to include provisions to exempt individuals working for the Department of Mental Hygiene (DMH), the Office of Children and Family Services (OCFS), and local government operated, regulated, funded or approved programs from these licensing requirements until January 1, 2010.

Chapter 57 of the Laws of 2009 extended the social work licensing exemption to DMH, OCFS and local government programs for an additional six months, changing the repeal date from January 1, 2010 to June 1, 2010.

Justification

This bill would amend a chapter of the laws of 2010 amending the Educa- tion Law and other laws relating to the registration of entities provid- ing certain professional services and the licensure of certain professions, as proposed in legislative bill numbers S.5921-A and A.8897-A in several manners. First, this bill would amend those sections allowing SED to establish a waiver process to allow certain not-for-pro- fit and education corporations to obtain waivers to provide professional services which would not be otherwise authorized. These amendments were necessary to reflect that certain entities have been authorized through contracts with, or other authorizations by, State agencies to provide services, and that the provision of services pursuant to such contracts

or authorizations shall not be impacted by the entity's application, or lack of application, for a waiver. These amendments are further neces- sary to require consultation with the appropriate State agency to ensure quality of care, including in instances in which an entity's operating certificate or license is pending, was disapproved, or was revoked.

Second, this bill would amend those sections of such chapter which extend the exemption from licensure requirements for certain State agen- cies and local governments. Amendments are necessary to these sections to ensure that appropriate input from State agencies affected by the exemption is incorporated at all stages of the process of assessing the impact of licensure requirements, developing plans for compliance, and determining amendments to laws, rules and regulations necessary to clar- ify which tasks should only be performed by licensed or otherwise authorized personnel. These amendments are also necessary to reflect the recognition that further changes to the underlying licensure statutes likely will be needed to appropriately reflect which titles, functions and duties should be performed only by licensed or otherwise authorized personnel. Such a review is particularly necessary due to the longstand- ing multiple levels of oversight of personnel, quality assurance and mechanisms to ensure the safe and appropriate provision of services in State agency facilities and service providers under their jurisdiction.

BUDGET IMPLICATIONS

The underlying chapter resulting in these amendments would allow the State to avoid what otherwise would have been a $62 million annual cost and allow voluntary providers to avoid costs of $227 million annually during each of the three years the exemption provided in the underlying chapter will be in effect. These amendments reduce administrative burdens and the potential for unfunded mandates on local governments by having primary responsibility for reporting and data collection borne by State agencies.

Effective date

This bill would take effect on the same date and in the same manner as 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 legis- lative bills numbers S.5921-A and A.8897-A, takes effect.