S T A T E   O F   N E W   Y O R K
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                                11434--A

                          I N  A S S E M B L Y

                              June 14, 2010
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Pretlow) --
  read once and referred to the Committee on Higher Education -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

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:

  Section  1.  The education law is amended by adding a new section 7710
to read as follows:
  S 7710. MANDATORY CONTINUING EDUCATION. 1. (A)  EACH  LICENSED  MASTER
SOCIAL  WORKER  OR  LICENSED  CLINICAL SOCIAL WORKER REQUIRED UNDER THIS
ARTICLE TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN  THIS
STATE,  SHALL  COMPLY WITH THE PROVISIONS OF MANDATORY CONTINUING EDUCA-
TION REQUIREMENTS PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION,  EXCEPT
AS  SET  FORTH  IN PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION.  LICENSED
MASTER SOCIAL WORKERS OR LICENSED CLINICAL SOCIAL  WORKERS  WHO  DO  NOT
SATISFY  THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRAC-
TICE UNTIL THEY HAVE MET SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED  A
REGISTRATION CERTIFICATE, EXCEPT THAT A LICENSED MASTER SOCIAL WORKER OR
LICENSED  CLINICAL  SOCIAL  WORKER  MAY PRACTICE WITHOUT HAVING MET SUCH
REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL  REGISTRATION  CERTIF-
ICATE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  (B)  EACH  LICENSED  MASTER  SOCIAL WORKER OR LICENSED CLINICAL SOCIAL
WORKER SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION  REQUIRE-
MENT  FOR  THE TRIENNIAL REGISTRATION PERIOD DURING WHICH THEY ARE FIRST
LICENSED. IN ACCORDANCE WITH THE INTENT OF THIS SECTION,  ADJUSTMENT  TO
THE  MANDATORY  CONTINUING  EDUCATION  REQUIREMENT MAY BE GRANTED BY THE
DEPARTMENT FOR REASONS OF HEALTH THAT ARE CERTIFIED  BY  AN  APPROPRIATE
HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES
OF  THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE DEPART-
MENT WHICH MAY PREVENT COMPLIANCE.
  (C) A LICENSED MASTER SOCIAL WORKER  OR  A  LICENSED  CLINICAL  SOCIAL
WORKER  NOT  ENGAGED IN PRACTICE, AS DETERMINED BY THE DEPARTMENT, SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD17591-02-0

A. 11434--A                         2

BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIREMENT  UPON  THE
FILING  OF  A  STATEMENT  WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY
LICENSEE WHO RETURNS TO THE PRACTICE OF SOCIAL WORK DURING THE TRIENNIAL
REGISTRATION  PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REENTERING THE
PROFESSION AND SHALL MEET SUCH MANDATORY EDUCATION REQUIREMENTS AS SHALL
BE PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
  2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT  FOR  REGIS-
TRATION  AS  A LICENSED MASTER SOCIAL WORKER OR LICENSED CLINICAL SOCIAL
WORKER SHALL COMPLETE A MINIMUM OF THIRTY  HOURS  OF  ACCEPTABLE  FORMAL
CONTINUING  EDUCATION. ANY LICENSED MASTER SOCIAL WORK OR LICENSED CLIN-
ICAL SOCIAL WORKER WHOSE FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE
DATE OF THIS SECTION OCCURS LESS THAN THREE YEARS  FROM  SUCH  EFFECTIVE
DATE,  BUT  ON  OR AFTER JANUARY FIRST, TWO THOUSAND TEN, SHALL COMPLETE
CONTINUING EDUCATION HOURS ON A PRORATED BASIS AT THE RATE  OF  ONE-HALF
HOUR  PER  MONTH  FOR  THE  PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND
TWELVE UP TO THE FIRST REGISTRATION DATE THEREAFTER. A LICENSEE WHO  HAS
NOT  SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT
BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE  BY  THE  DEPARTMENT  AND
SHALL  NOT  PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION CERTIF-
ICATE IS ISSUED AS PROVIDED FOR IN SUBDIVISION THREE  OF  THIS  SECTION.
CONTINUING  EDUCATION HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANS-
FERRED TO A SUBSEQUENT TRIENNIUM.
  3. (A) THE DEPARTMENT, IN ITS  DISCRETION,  MAY  ISSUE  A  CONDITIONAL
REGISTRATION  TO  A  LICENSEE WHO FAILS TO MEET THE CONTINUING EDUCATION
REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO  OF  THIS  SECTION  BUT  WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
WHICH  THE  DEPARTMENT MAY REQUIRE THE FEE FOR SUCH A CONDITIONAL REGIS-
TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
NIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL  REGISTRATION  SHALL
BE  DETERMINED  BY  THE  DEPARTMENT  BUT  SHALL NOT EXCEED ONE YEAR. ANY
LICENSEE WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION  FOR  FAILURE  TO
SUBMIT  EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING
EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT  TO
DISCIPLINARY  PROCEEDINGS  PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
THIS TITLE.
  (B) FOR PURPOSES OF THIS SECTION "ACCEPTABLE FORMAL  EDUCATION"  SHALL
MEAN  FORMAL  COURSES OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL PRAC-
TICE IN SOCIAL WORK AND WHICH MEET THE  STANDARDS  PRESCRIBED  BY  REGU-
LATIONS  OF  THE  COMMISSIONER.  SUCH  FORMAL  COURSES OF LEARNING SHALL
INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT  AND  NON-CREDIT
COURSES,   PROFESSIONAL  DEVELOPMENT  PROGRAMS  AND  TECHNICAL  SESSIONS
OFFERED BY NATIONAL, STATE AND LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER
ORGANIZATIONS ACCEPTABLE TO THE  DEPARTMENT,  AND  ANY  OTHER  ORGANIZED
EDUCATIONAL  AND  TECHNICAL  PROGRAMS  ACCEPTABLE TO THE DEPARTMENT. THE
DEPARTMENT MAY, IN ITS DISCRETION AND AS NEEDED  TO  CONTRIBUTE  TO  THE
HEALTH  AND  WELFARE OF THE PUBLIC, REQUIRE THE COMPLETION OF CONTINUING
EDUCATION COURSES IN SPECIFIC SUBJECTS TO FULFILL THIS MANDATORY CONTIN-
UING EDUCATION  REQUIREMENT.  COURSES  MUST  BE  TAKEN  FROM  A  SPONSOR
APPROVED  BY  THE DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE COMMIS-
SIONER. LICENSED MASTER SOCIAL WORKER OR LICENSED CLINICAL SOCIAL WORKER
SHALL MAINTAIN ADEQUATE DOCUMENTATION OF COMPLETION OF ACCEPTABLE FORMAL
CONTINUING EDUCATION AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST
OF THE DEPARTMENT.  FAILURE  TO  PROVIDE  SUCH  DOCUMENTATION  UPON  THE
REQUEST  OF  THE  DEPARTMENT  SHALL  BE  AN ACT OF MISCONDUCT SUBJECT TO
DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED  TEN  OF
THIS TITLE.

A. 11434--A                         3

  (C)  THE  MANDATORY  CONTINUING  EDUCATION  FEE  SHALL  BE  FORTY-FIVE
DOLLARS.  SUCH FEE SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY  OF  EACH
TRIENNIAL  REGISTRATION  PERIOD,  AND  SHALL  BE PAID IN ADDITION TO THE
TRIENNIAL REGISTRATION FEE REQUIRED BY PARAGRAPH (G) OF SUBDIVISION  ONE
AND  PARAGRAPH  (G)  OF SUBDIVISION TWO OF SECTION SEVENTY-SEVEN HUNDRED
FOUR OF THIS ARTICLE.
  S 2. This act shall take effect January 1, 2012. Provided, that effec-
tive immediately, the addition, amendment and/or repeal of any  rule  or
regulation necessary for the implementation of this act on its effective
date  are  authorized and directed to be made and completed by the state
education department.