NY State Assembly Bill 2009-A8897

Assembly Bill A8897

Signed By Governor

2009-2010 Legislative Session

Grants an exemption from licensing requirements for certain social work and mental health professionals employed by certain corporations

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Archive: Last Bill Status Via S5921 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 18, 2010	signed chap.130
Jun 15, 2010	delivered to governor
May 17, 2010	returned to senate passed assembly ordered to third reading rules cal.42 substituted for a8897a
May 17, 2010	substituted by s5921a rules report cal.42 reported reported referred to rules reported referred to ways and means
May 12, 2010	print number 8897a
May 12, 2010	amend and recommit to higher education
Jan 06, 2010	referred to higher education
Jun 16, 2009	reported referred to ways and means
Jun 12, 2009	referred to higher education

Votes

- May 17, 2010 - Floor Vote
  S5921
  
  60
  
  Aye
  
  0
  
  Nay
  
  1
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 17, 2010
      
      aye (60)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      absent (1)
      
      Montgomery
      
      excused (1)
      
      Morahan
  May 17, 2010 - Rules Committee Vote
  S5921
  
  16
  
  Aye
  
  0
  
  Nay
  
  7
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 17, 2010
      
      aye (16)
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hassell-Thompson
      
      Klein
      
      Krueger
      
      Montgomery
      
      Parker
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (7)
      
      Hannon
      
      Johnson
      
      LaValle
      
      Larkin
      
      Padavan
      
      Saland
      
      Volker
  May 17, 2010 - Finance Committee Vote
  S5921
  
  27
  
  Aye
  
  1
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: May 17, 2010
      
      aye (27)
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Klein
      
      Krueger
      
      Kruger
      
      Leibell
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Robach
      
      Seward
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      nay (1)
      
      Marcellino
      
      aye wr (5)
      
      Hannon
      
      Johnson
      
      LaValle
      
      Larkin
      
      Saland

Bill Amendments

Original

A (Active)

co-Sponsors

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2009-A8897 - Details

Law Section:: Education Law
Laws Affected:: Amd Ed L, generally; amd §9, Chap 420 of 2002; amd §17-a, Chap 676 of 2002

2009-A8897 - Summary

Grants an exemption from licensing requirements for certain social work and mental health professionals employed by certain not-for-profit corporations, education corporations and business corporations if such corporations register with the education department; extends the expiration of provisions of law establishing licensing for social workers and mental health practitioners; directs the commissioner of education to convene working groups to study such provisions of law.

2009-A8897 - Sponsor Memo

                                BILL NUMBER:A8897

TITLE OF BILL:
An  act  to  amend the education law, in relation to the registration of
entities providing certain professional services and  the  licensure  of
certain  professionals; to amend chapter 420 of the laws of 2002, amend-
ing the education law relating to the  profession  of  social  work,  in
relation  to the effect of such provisions on certain governmental enti-
ties and the effectiveness thereof; and to amend chapter 676 of the laws
of 2002, amending the education law relating to mental health care prac-
titioners, in relation to the  effect  of  such  provisions  on  certain
governmental entities and the effectiveness thereof

PURPOSE OF THE BILL:
The purpose of this bill is to prevent the disruption of services to the
public in the professions of licensed master social work, licensed clin-
ical  social  work, licensed mental health counseling, licensed marriage
and family therapy, licensed creative arts therapy, licensed psychoanal-
ysis, and licensed psychology by creating an  exemption  from  corporate
practice  prohibitions for not-for-profit corporations, education corpo-
rations, firms, business corporations, and other business entities  that
provide  professional  services  in these professions, provided that the
entities register with the State Education Department ("Department")  by
July  1,  2011. Upon such registration, the bill would permit such enti-
ties to employ licensed  professionals  or  contract  with  professional
business  entities  to provide such professional services. Additionally,

the bill would recognize work experience gained by individuals  employed
by such entities and would permit such individuals to apply this experi-
ence towards the experience qualifications for professional licensure.

SUMMARY OF PROVISIONS OF THE BILL:
Section  1  of  the  bill  would set forth the legislative intent of the
bill.

Section 2 of the bill would add a new  §6503-a  to  Title  VIII  of  the
Education Law to allow the Department to authorize not-for-profit corpo-
rations, education corporations, firms, business corporations and other.
business entities that offer services provided by professionals licensed
under  Education  Law  Article  154 (social work) or Article 163 (mental
health practitioners) of the Education Law or services constituting  the
provision  of  psychotherapy  as  defined  in Education Law §8401(2) and
authorized and provided under Education Law Article 131 (medicine),  139
(nursing)  or  153 (psychology) and that are not otherwise authorized by
law to provide such professional services, to provide these professional
services upon registering with the Department by July  1,  2011.  New
6503-a  would  provide  that  any such entity offering such professional
services on this bill's effective date would be deemed registered by the
Department until submission of an application for  registration  to  the
Department or until 120 days after the Department prescribes an applica-
tion  form,  whichever  is earlier. Upon its submission of such applica-
tion, the entity would be considered registered by  the  Department  and
would continue to be considered registered unless and until its applica-

tion  is  denied.   Notably, §6503-a would clarify that certain business
entities would not be required to register under the section,  including
(1)  appropriately  organized professional business entities established
under the Business Corporation Law, the Limited Liability Company Law or
the  Partnership Law; (2) certain entities operated by New York State or
federal agencies, political  subdivisions,  municipal  corporations,  or
local government agencies or units, (3) entities operated under properly
issued operating certificates, (4) a university faculty practice. corpo-
ration  established under the Not-for-Profit Corporation Law, (5) insti-
tutions of higher education authorized to  offer,  programs  leading  to
licensure in the affected professions that provide services as part of a
registered  program,  and  (6)  institutions  of  higher  education that
provide counseling to students or staff and their families.

New §6503-a would require the entity to submit an application for regis-
tration, as prescribed by the Commissioner  of  Education,  and  pay  an
initial  registration fee of $400.00 and a triennial registration fee of
$150.00 thereafter. Upon registration, the entity would be  required  to
disclose  the scope of its practice, the names of its owners, operators,
directors, shareholder and officers, a listing of any other jurisdiction
in which it intends to provide services, and a list of  the  professions
under  Title  VIII  of  the  Education Law in which it intends to employ
licensees. The application would  include  an  attestation  which  would
include a statement that, unless otherwise authorized by law, the entity
will only provide professional services authorized under §6503-a and any
service  appropriately related thereto, as determined by the Department,
and that only licensed professionals or persons otherwise authorized  to
practice  such services, or professional business entities authorized by
law to provide such services will provide the professional  services  as
authorized under this section.

Additionally,  each  shareholder,  director,  officer, owner, member and
partner of the registering entity would be required to provide an attes-
tation regarding his or her  moral  character,  which  would  include  a
statement disclosing any criminal convictions, pending criminal charges,
determinations  of  professional  misconduct, pending charges of profes-
sional misconduct, or any limitations on  professional  practice.  Under
§6503-a,  these  entities  would  be  supervised  by  the Regents of the
University of the State of New York and would be subject to disciplinary
action to the same extent as professionals licensed under Title VIII  of
the Education Law, including revocation, suspension and annulment.

Sections  3,  4  and  5 of the bill would add new subdivision 8 to §6527
(medicine), new paragraph h to subdivision 1 to §6908 (nursing), and new
subdivision 9 to §7605 (psychology), respectively, to  provide  that  so
long  as an entity is registered under new §6503-a of the Education Law,
it may provide psychotherapy  services  (as  defined  in  Education  Law
§8401)  to the extent permissible within the applicable scope of profes-
sional practice by either a physician, nurse, or  psychologist;  respec-
tively, provided such services are provided through such an appropriate-
ly  licensed  professional, or a professional business entity authorized
to provide such services.

Section 6 of the bill would add a new subdivision 6 to  §  7706  of  the
Education  Law  to  specifically  permit any not-for-profit corporation,
education corporation, firm, business corporation, or other lawful busi-
ness entity registered with the Department  pursuant  to  Education  Law
§6503-a  to  provide  licensed  master social work and licensed clinical
social work services, provided such services are provided by individuals
appropriately licensed or otherwise authorized to provide such  services
or by an authorized professional business entity.

Section  7  of  the  bill  would add a new subdivision 7 to §8410 of the
Education Law to specifically  permit  any  not-for-profit  corporation,
education corporation, firm, business corporation, or other lawful busi-
ness  entity  registered  with the Department pursuant· to Education Law
§6503-a to provide mental health practitioner  services,  provided  such
services are provided by individuals appropriately licensed or otherwise
authorized  to  provide  such  services or by an authorized professional
business entity.

Section 8 of the bill would amend paragraph c of subdivision 2 of  §7704
of  the  Education  Law  to  provide that work experience in social work
gained in a setting of an entity registered pursuant to §6503-a  of  the
Education Law would may be applied towards the experience qualifications
required  by the Department for professional licensure as a social work-
er, notwithstanding that such experience may have been obtained prior to
the effective date of §6503-a and/or prior to the  registration  of  the
setting.  Education  Law  §7704(2)(c),as amended, would provide that the
Department may, for good cause, accept satisfactory experience  obtained
in  such  a  setting which would have been eligible for registration but
which has not yet registered with the Department  or,  experience.  that
was obtained in good faith by the applicant under the belief that appro-
priate authorization had been obtained.

Section 9 of the bill would similarly amend paragraph c of subdivision 3
of  §8402  of  the  Education  Law  to provide that experience in mental
health counseling gained in a setting of an entity  registered  pursuant
to  §6503-a  of  the Education Law may be applied towards the experience
qualifications required by the Department for the licensure of an  indi-
vidual  as a mental health practitioner, notwithstanding that such expe-
rience may have been obtained prior to the  effective  date  of  §6503-a
and/or   prior  to  the  registration  of  the  setting.  Education  Law
§8402(3)(c), as amended, would provide that the Department may, for good
cause, accept satisfactory experience  obtained  in  such  setting  that
would  have  been eligible for registration but which has not yet regis-
tered with the.   Department or experience that  was  obtained  in  good
faith  by  the applicant under the belief that appropriate authorization
had been obtained.

Section 10 of the bill would amend paragraph c of subdivision 3 of §8403
of the Education Law to provide that experience in marriage  and  family
therapy gained in an entity registered pursuant to §6503-a of the Educa-
tion  Law  may be applied towards the experience qualifications required
by the Department for such professional licensure, notwithstanding  that

such  experience  may  have been obtained prior to the effective date of
§6503-a and/or prior to the registration of the setting.  Education  Law
§8403(3)(c), as amended, would provide that the Department may, for good
cause,  accept  satisfactory experience obtained in a setting that would
have been eligible for registration but which has  not  registered  with
the  Department  or  experience  that was obtained in good. faith by the
applicant under the  belief  that  appropriate  authorization  had  been
obtained.

Section 11 of the bill would amend paragraph c of subdivision 3 of §8404
of the Education Law to provide that experience in creative arts therapy
gained in an entity registered pursuant to new Education Law §6503-a may
be applied towards the experience qualifications required by the Depart-
ment  for such professional licensure, notwithstanding that such experi-
ence may have been obtained prior to  the  effective  elate  of  §6503-a
and/or   prior  to  the  registration  of  the  setting.  Education  Law
§8404(3)(c), as amended, would provide that the Department may, for good
cause, accept satisfactory experience obtained in a setting  that  would
have  been  eligible  for registration but which has not registered with
the Department or experience that was obtained  in  good  faith  by  the
applicant  under  the  belief  that  appropriate  authorization had been
obtained.

Section 12 of the bill would amend paragraph c of subdivision 3 of §8405
of the Education Law to provide that experience in psychoanalysis gained
in an entity registered pursuant to new Education  Law  §6503-a  may  be
applied towards the experience qualifications required by the Department
for  such  professional  licensure, notwithstanding that such experience
may have been obtained prior to the effective  date  of  §6503-a  and/or
prior  to the registration of the setting. Education Law §8405(3)(c), as
amended, would. provide that the Department may, for good cause,  accept
satisfactory  experience  obtained  in  a  setting  that would have been
eligible for registration but which has not registered with the  Depart-
ment  or  experience  that  was  obtained in good faith by the applicant
under the belief that appropriate authorization had been obtained.

Section 13 of the bill would amend Chapter 420  of  the  Laws  of  2002,
amending the Education Law in relation to social work, to (1) expand the
exemption  from  social  work  licensure  requirements  and from certain
corporate practice prohibitions so that the  exemption  would  apply  to
those employed in programs operated, regulated, funded, or approved by a
New  York  State  or  federal  agency,  political subdivision, municipal
corporation or local government agency or unit, and not just the Depart-
ment of Mental Hygiene or the Office of Children and Family Services, or
specified local government units, (2) extend the effectiveness of  Chap-
ter  420 to July 1, 2011 and (3) provide that the Commissioner of Educa-
tion will convene a workgroup of State agencies, not-for-profit  provid-
ers, professional associations and consumers, and other key stakeholders
to  recommend  by  January  1, 2011 any amendments to law, rule or regu-
lation necessary to fully implement the requirements  for  licensure  by
the  new  July  1, 2011 repeal date and whether to extend beyond July 1,

2011 the authority of the Department to register entities in  accordance
with Education Law §6503-a.

Section  14  of  the  bill  would amend Chapter 676 of the Laws of 2002,
amending the Education Law in relation to psychology and  mental  health
practitioners  to  (1)  extend  the  effectiveness  of  the exemption of
psychology from certain corporate practice prohibitions to July 1, 2011,
which at such time it would be repealed (2) expand  the  exemption  from
mental  health.    practitioner  license  requirements  and from certain
corporate practice prohibitions so that the  exemption  would  apply  to
those employed in programs operated, regulated, funded, or approved by a
New  York  State  or  federal  agency,  political subdivision, municipal
corporation or local government agency or unit and to  provide  for  the
effectiveness  of  such  exemption  until July 1, 2011, at which time it
would be repealed, and (3) provide that the  Commissioner  of  Education
convene a workgroup of State agencies, not-for-profit providers, profes-
sional  associations and consumers, and other key stakeholders to recom-
mend by January 1, 2011 any  amendments  to  law,  role  or  regulations
necessary  to  fully implement the requirements for licensure by the new
repeal date of July 1, 2011 and whether to extend beyond  July  1,  2011
the  authority of the Department to register entities in accordance with
Education Law §6503-a.

Section 15 of the bill is the effective date.

STATEMENT IN SUPPORT OF THE BILL:
Chapters 420 and 676 of the Laws of 2002 established restricted practice
for the professions of licensed master social  work,  licensed  clinical
social  work,  licensed  mental  health  counseling, licensed manage and
family therapy, licensed creative arts therapy, licensed psychoanalysis,
and licensed psychology, thereby making a range of  activities  such  as
psychotherapy  and  certain  types of counseling subject to professional
licensure requirements for the first time.  For  decades  prior  to  the
enactment  of  Chapters 420 and 676, not-for-profit corporations, educa-
tion corporations, firms and business corporations that are not  profes-
sional  business  entities  had  employed  individuals to provide social
work, psychotherapy and  mental  health  services.  However,  there  are
prohibitions   against   engaging   in   corporate   practice  in  these
professions, and the new licensing law did not provide a general  recog-
nition  of  such  providers  that  employ  individuals licensed in these
professions but who are not authorized to do so under appropriate  laws,
such as the Mental Hygiene Law or Article 28 of the Public Health Law.

Presently,  the  law restricts the practice of the professions of social
work and mental health practitioners and the provision of  psychotherapy
services  by  professionals in medicine, nursing and psychology to indi-
viduals or entities licensed by the Department.    Education  Law  §6512
makes  it  a  Class  E  felony  for  an  unlicensed person to practice a
licensed profession or hold oneself out as  being  able  to  practice  a
licensed  profession.  Further, certain statutory provisions relating to
corporate practice generally prohibit the provision of services by busi-
ness corporations, not-for-profit  corporations,  or  non-licensee-owned

entities. With certain exceptions, such as speech-pathology and audiolo-
gy,  corporate  practice  (practice  of a profession by a corporation or
other  corporate  entity)  is  generally  prohibited,  with   additional
restrictions  being  applicable  when multiple professions are involved.
Such practice must be conducted in a legally authorized setting, such as
a professional business entity, an OMH clinic, or a  Public  Health  Law
Article 28 hospital, or in an exempt setting. The law does not provide a
general  exemption  or  recognition  of  community-based  providers that
employ individuals in these professions, such as Riverside Mental Health
or Samaritan Counseling. Although some of these community providers fall
within existing statutory exemptions,  others  do  not.  Therefore,  the
Department  cannot accept the work experience gained in such settings by
applicants for licensure and such experience cannot be  applied  towards
the qualifications for licensure of such applicants. Nor can the Depart-
ment  issue  permits to individuals to practice in such settings if they
do not have the legal authority to provide such professional services.

Unless an  exception  to  the  restrictions  on  corporate  practice  is
provided,  these  entities  could  not continue to provide these profes-
sional services without violating Title VIII of the Education  Law,  and
the  Department  could  not  accept  experience  gained by practitioners
employed by such entities for purposes of  meeting  experience  require-
ments for professional licensure.

To  avoid the disruption of services that would result if these entities
could no longer deliver the professional services they have been provid-
ing for many years, while assuring that the  professional  services  are
subject  to  professional  regulation  for the protection of the public,
this bill would create an  exception  to  corporate  practice  in  these
professions and provide that non-professional business entities, includ-
ing  not-for-profit  corporations,  education  corporations,  firms, and
business corporations, could continue to deliver social work,  psychoth-
erapy  and  mental health services provided that they obtain a registra-
tion from the Department by July 1, 2011. Once  registered,  the  entity
would  be  subject  to  professional  regulation under Title VIII of the
Education Law and would be authorized to employ  duly  licensed  profes-
sionals  to provide such services or to contract with professional busi-
ness entities such as professional corporations or professional  limited
liability companies to deliver such services.

The  bill  would  continue  to  recognize  the  authority of clinics and
programs authorized and regulated by certain public agencies,  including
the  Office  of  Mental  Health  (OMH), Office of Mental Retardation and
Developmental Disabilities (OMRDD), Office  of  Alcohol  and.  Substance
Abuse Services (OASAS), and Department of Health (DOH).

This  bill  would  address an omission in the law, which would otherwise
affect the ability of community-based providers  not  otherwise  author-
ized,  to  continue  to employ licensed professionals to provide profes-
sional services in these professions. Further, it would  address  issues
of qualifications of applicants for professional licensure so that expe-
r

2009-A8897 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8897

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 12, 2009
                               ___________

Introduced  by  M.  of  A.  PRETLOW -- (at request of the New York State
  Education Department) -- read once and referred to  the  Committee  on
  Higher Education

AN  ACT  to  amend the education law, in relation to the registration of
  entities providing certain professional services and the licensure  of
  certain  professionals;  to  amend  chapter  420  of the laws of 2002,
  amending the education law relating to the profession of social  work,
  in  relation  to the effect of such provisions on certain governmental
  entities and the effectiveness thereof; and to amend  chapter  676  of
  the laws of 2002, amending the education law relating to mental health
  care  practitioners,  in  relation to the effect of such provisions on
  certain governmental entities and the effectiveness thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative intent. The establishment of restricted prac-
tice for the professions of licensed master social work, licensed  clin-
ical  social  work, licensed mental health counseling, licensed marriage
and family therapy, licensed creative arts therapy, licensed psychoanal-
ysis, and licensed psychology has advanced the goal  of  protecting  the
public  from  unqualified  practitioners,  particularly  those providing
psychotherapy and other services  that  are  now  restricted  under  the
education  law.  For  decades,  not-for-profit  corporations,  education
corporations, firms and business corporations  employed  individuals  to
provide  social  work  and mental health services. The licensing law did
not provide a general recognition of such providers that employ individ-
uals licensed in these professions but  who  are  not  authorized  under
appropriate  laws,  such as the mental hygiene law and the public health
law. Therefore, enforcement of prohibitions in the education  law  could
result  in  the  shuttering  of  long-standing providers and the loss of
services to individuals and families across New  York  state.  This  act
establishes  an exemption from corporate practice prohibitions for enti-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14336-03-9

A. 8897                             2

ties that register with the education department  by  July  1,  2011  in
order to employ licensed professionals to provide services. In addition,
the  commissioner  of  education  is directed to convene a work group to
identify  ways to ensure compliance with corporate practice prohibitions
to ensure the protection of the public and the integrity of the licensed
professions.
  S 2. The education law is amended by adding a new  section  6503-a  to
read as follows:
  S  6503-A.  REGISTRATION  OF  ENTITIES  PROVIDING CERTAIN PROFESSIONAL
SERVICES. 1. A.   EXCEPT AS OTHERWISE  PROVIDED  IN  THIS  PARAGRAPH  OR
SUBDIVISION TWO OF THIS SECTION, A NOT-FOR-PROFIT CORPORATION, EDUCATION
CORPORATION, FIRM, BUSINESS CORPORATION OR OTHER BUSINESS ENTITY MAY NOT
PROVIDE:  (I)  SERVICES  UNDER  ARTICLE  ONE  HUNDRED  FIFTY-FOUR OR ONE
HUNDRED SIXTY-THREE OF THIS TITLE FOR WHICH LICENSURE WOULD BE REQUIRED;
OR (II) SERVICES CONSTITUTING THE PROVISION OF PSYCHOTHERAPY AS  DEFINED
IN  SUBDIVISION TWO OF SECTION EIGHTY-FOUR HUNDRED ONE OF THIS TITLE AND
AUTHORIZED AND  PROVIDED  UNDER  ARTICLE  ONE  HUNDRED  THIRTY-ONE,  ONE
HUNDRED  THIRTY-NINE  OR ONE HUNDRED FIFTY-THREE OF THIS TITLE, DIRECTLY
THROUGH ITS EMPLOYEES OR INDIRECTLY  BY  CONTRACT  WITH  INDIVIDUALS  OR
PROFESSIONAL  BUSINESS ENTITIES DULY LICENSED, REGISTERED, OR AUTHORIZED
TO PROVIDE SUCH SERVICES,  UNLESS  SUCH  ENTITY  IS  REGISTERED  BY  THE
DEPARTMENT  PURSUANT  TO  THIS  SECTION BY NO LATER THAN JULY FIRST, TWO
THOUSAND ELEVEN. ANY SUCH ENTITY PROVIDING SUCH  SERVICES  ON  THE  DATE
THIS  SECTION  TAKES  EFFECT SHALL BE DEEMED REGISTERED PURSUANT TO THIS
SECTION UNTIL AN APPLICATION FOR REGISTRATION IS  SUBMITTED  IN  A  FORM
PRESCRIBED  BY  THE  COMMISSIONER OR UNTIL ONE HUNDRED TWENTY DAYS AFTER
THE DEPARTMENT PRESCRIBES SUCH APPLICATION FORM, WHICHEVER  IS  EARLIER,
PROVIDED  THAT  UPON  SUBMISSION  OF  SUCH APPLICATION SUCH REGISTRATION
SHALL CONTINUE IN EFFECT UNTIL SUCH TIME AS THE  DEPARTMENT  SHALL  DENY
SUCH APPLICATION.
  B.  SUCH  REGISTRATION  SHALL  PROVIDE  THAT THE ENTITY'S PROVISION OF
SERVICES, DIRECTLY  OR  INDIRECTLY,  SHALL  BE  RESTRICTED  TO  SERVICES
AUTHORIZED PURSUANT TO THIS SECTION, AND ANY OTHER SERVICES APPROPRIATE-
LY  RELATED  THERETO  AS DETERMINED BY THE DEPARTMENT, AND SHALL ONLY BE
PROVIDED IF  SUCH  SERVICES  ARE  PROVIDED  BY  A  PERSON  APPROPRIATELY
LICENSED  TO PROVIDE SUCH SERVICES PURSUANT TO ARTICLE ONE HUNDRED THIR-
TY-ONE, ONE HUNDRED THIRTY-NINE, ONE HUNDRED  FIFTY-THREE,  ONE  HUNDRED
FIFTY-FOUR  OR  ONE HUNDRED SIXTY-THREE OF THIS TITLE OR A PERSON OTHER-
WISE AUTHORIZED TO PROVIDE  SUCH  SERVICES  UNDER  SUCH  ARTICLES  OR  A
PROFESSIONAL BUSINESS ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES.
  C. AN APPLICATION FOR REGISTRATION AS AN ENTITY PROVIDING PROFESSIONAL
SERVICES  PURSUANT  TO THIS SECTION SHALL BE ON A FORM PRESCRIBED BY THE
COMMISSIONER, WHICH FORM SHALL INCLUDE THE NAMES OF THE ENTITY  AND  THE
OWNERS,  OPERATORS, DIRECTORS, SHAREHOLDERS AND OFFICERS OF SUCH ENTITY,
AND A LISTING OF ANY OTHER JURISDICTIONS WHERE THE  ENTITY  MAY  PROVIDE
SERVICES AND ANY OTHER INFORMATION AS MAY BE REQUIRED BY THE DEPARTMENT.
SUCH APPLICATION SHALL INCLUDE AN ATTESTATION MADE BY AN OFFICER AUTHOR-
IZED BY THE ENTITY TO MAKE SUCH ATTESTATION THAT IDENTIFIES THE SCOPE OF
SERVICES TO BE PROVIDED, INCLUDES A LIST OF PROFESSIONS UNDER THIS TITLE
IN  WHICH  PROFESSIONAL  SERVICES  WILL  BE PROVIDED BY SUCH ENTITY, AND
SHALL INCLUDE A STATEMENT THAT UNLESS OTHERWISE AUTHORIZED BY  LAW,  THE
ENTITY  SHALL  ONLY  PROVIDE PROFESSIONAL SERVICES AUTHORIZED UNDER THIS
SECTION AND ANY SERVICE APPROPRIATELY RELATED THERETO AS  DETERMINED  BY
THE  DEPARTMENT,  AND THAT ONLY A LICENSED PROFESSIONAL, A PERSON OTHER-
WISE AUTHORIZED TO PROVIDE SUCH SERVICES,  OR  A  PROFESSIONAL  BUSINESS
ENTITY  AUTHORIZED  BY  LAW  TO PROVIDE SUCH SERVICES SHALL PROVIDE SUCH

A. 8897                             3

PROFESSIONAL SERVICES AS AUTHORIZED UNDER THIS SECTION.  SUCH  STATEMENT
SHALL  ALSO  ATTEST TO THE ADEQUACY OF THE ENTITY'S FISCAL AND FINANCIAL
RESOURCES TO PROVIDE SUCH SERVICES.
  D.  EACH  SHAREHOLDER, DIRECTOR, OFFICER, OWNER, MEMBER AND PARTNER OF
SUCH ENTITY SHALL PROVIDE AN ATTESTATION REGARDING HIS OR HER GOOD MORAL
CHARACTER AS REQUIRED PURSUANT TO PARAGRAPH F OF THIS SUBDIVISION, WHICH
SHALL INCLUDE A STATEMENT SETTING FORTH ANY CRIMINAL CONVICTIONS,  PEND-
ING CRIMINAL CHARGES, DETERMINATIONS OF PROFESSIONAL MISCONDUCT, PENDING
CHARGES  OF  PROFESSIONAL MISCONDUCT, OR ANY LIMITATIONS ON PROFESSIONAL
PRACTICE. THE COMMISSIONER SHALL BE FURTHER AUTHORIZED TO PROMULGATE ANY
RULES OR REGULATIONS RELATING TO THE STANDARDS FOR SUCH REGISTRATION  OF
ENTITIES. SUCH REGULATIONS SHALL INCLUDE STANDARDS RELATING TO THE ENTI-
TY'S  ABILITY  TO  PROVIDE SERVICES, THE ENTITY'S MAINTENANCE OF PATIENT
AND BUSINESS RECORDS, THE ENTITY'S FISCAL POLICIES, AND SUCH OTHER STAN-
DARDS AS MAY BE PRESCRIBED BY THE COMMISSIONER.
  E. THE REGISTERED ENTITY SHALL DISPLAY AT EACH SITE WHERE PROFESSIONAL
SERVICES ARE PROVIDED TO THE PUBLIC A CERTIFICATE OF REGISTRATION  WHICH
IS  ISSUED BY THE DEPARTMENT PURSUANT TO THIS SECTION AND WHICH CONTAINS
THE NAME OF THE REGISTERED ENTITY AND ADDRESS OF THE SITE. THE  FEE  FOR
AN  INITIAL  REGISTRATION OF AN ENTITY PURSUANT TO THIS SECTION SHALL BE
FOUR HUNDRED DOLLARS, WHICH SHALL INCLUDE THE FEE FOR  ISSUANCE  OF  ONE
CERTIFICATE  OF  REGISTRATION. REGISTERED ENTITIES SHALL OBTAIN FROM THE
DEPARTMENT ADDITIONAL REGISTRATION CERTIFICATES FOR EACH SITE  AT  WHICH
PROFESSIONAL  SERVICES  ARE PROVIDED TO THE PUBLIC, AND THE FEE FOR EACH
SUCH ADDITIONAL CERTIFICATE SHALL BE TWENTY DOLLARS. EACH  ENTITY  SHALL
BE  REQUIRED  TO  RE-REGISTER  EVERY  THREE  YEARS, AND THE FEE FOR SUCH
TRIENNIAL REGISTRATION SHALL BE ONE HUNDRED FIFTY DOLLARS. IF ANY INFOR-
MATION SUPPLIED TO THE DEPARTMENT REGARDING THE REGISTERED ENTITY  SHALL
CHANGE,  THE REGISTRANT SHALL BE REQUIRED TO PROVIDE SUCH UPDATED INFOR-
MATION TO THE DEPARTMENT WITHIN SIXTY DAYS.
  F. ENTITIES REGISTERED PURSUANT TO THIS SECTION  SHALL  BE  UNDER  THE
SUPERVISION  OF  THE  REGENTS  AND  SHALL  BE  SUBJECT  TO  DISCIPLINARY
PROCEEDINGS AND PENALTIES. THE REGISTRATIONS OF SUCH ENTITIES  SHALL  BE
SUBJECT  TO  SUSPENSION,  REVOCATION  OR ANNULMENT FOR CAUSE IN THE SAME
MANNER AND TO THE SAME EXTENT AS INDIVIDUALS AND  PROFESSIONAL  BUSINESS
ENTITIES  WITH  RESPECT  TO  THEIR LICENSES, CERTIFICATES, AND REGISTRA-
TIONS, AS APPLICABLE, AS PROVIDED IN THIS TITLE RELATING TO THE APPLICA-
BLE PROFESSION. ALL OFFICERS, DIRECTORS, AND OWNERS OF  SUCH  REGISTERED
ENTITIES SHALL BE OF GOOD MORAL CHARACTER. REGISTERED ENTITIES AND THEIR
OFFICERS,  DIRECTORS, AND OWNERS SHALL BE ENTITLED TO THE SAME DUE PROC-
ESS PROCEDURES AS ARE PROVIDED  TO  SUCH  INDIVIDUALS  AND  PROFESSIONAL
BUSINESS  ENTITIES.  NO  REGISTRATION ISSUED UNDER THIS SECTION SHALL BE
TRANSFERABLE OR ASSIGNABLE, AS SUCH TERMS ARE DEFINED IN THE REGULATIONS
OF THE COMMISSIONER, WITHOUT THE APPROVAL OF THE COMMISSIONER.
  G. A REGISTERED ENTITY SHALL  NOT  PRACTICE  ANY  PROFESSION  LICENSED
PURSUANT TO THIS TITLE OR HOLD ITSELF OUT TO THE PUBLIC AS AUTHORIZED TO
PROVIDE  PROFESSIONAL  SERVICES PURSUANT TO THIS TITLE EXCEPT AS SPECIF-
ICALLY AUTHORIZED BY THIS SECTION OR AS OTHERWISE AUTHORIZED BY LAW.
  2. NO REGISTRATION PURSUANT TO THIS SECTION SHALL BE REQUIRED OF:
  A. ANY APPROPRIATELY ORGANIZED  PROFESSIONAL  BUSINESS  ENTITY  ESTAB-
LISHED UNDER THE BUSINESS CORPORATION LAW, THE LIMITED LIABILITY COMPANY
LAW OR THE PARTNERSHIP LAW; OR
  B.  ANY  ENTITY  OPERATED BY A NEW YORK STATE OR FEDERAL AGENCY, POLI-
TICAL SUBDIVISION, MUNICIPAL CORPORATION OR LOCAL GOVERNMENT  AGENCY  OR
UNIT PURSUANT TO AUTHORITY GRANTED BY LAW; OR

A. 8897                             4

  C.  ANY  ENTITY  OPERATED UNDER AN OPERATING CERTIFICATE APPROPRIATELY
ISSUED UNDER ACCEPTABLE QUALIFYING PROCEDURES BY A  NEW  YORK  STATE  OR
FEDERAL  AGENCY,  POLITICAL SUBDIVISION, MUNICIPAL CORPORATION, OR LOCAL
GOVERNMENT AGENCY OR UNIT, IN ACCORDANCE WITH THE SCOPE OF THE AUTHORITY
OF SUCH OPERATING CERTIFICATE; OR
  D.  A UNIVERSITY FACULTY PRACTICE CORPORATION DULY INCORPORATED PURSU-
ANT TO THE NOT-FOR-PROFIT CORPORATION LAW; OR
  E. AN INSTITUTION OF HIGHER EDUCATION AUTHORIZED TO PROVIDE A  PROGRAM
LEADING  TO  LICENSURE IN A PROFESSION DEFINED UNDER ARTICLE ONE HUNDRED
THIRTY-ONE,  ONE  HUNDRED  THIRTY-NINE,  ONE  HUNDRED  FIFTY-THREE,  ONE
HUNDRED  FIFTY-FOUR  OR  ONE  HUNDRED  SIXTY-THREE OF THIS TITLE, TO THE
EXTENT THAT THE SCOPE OF SUCH  SERVICES  ARE  LIMITED  TO  THE  SERVICES
AUTHORIZED TO BE PROVIDED WITHIN THE REGISTERED PROGRAM; OR
  F. AN INSTITUTION OF HIGHER EDUCATION PROVIDING COUNSELING ONLY TO THE
STUDENTS,  STAFF, OR FAMILY MEMBERS OF STUDENTS AND STAFF OF SUCH INSTI-
TUTION; OR
  G. ANY OTHER ENTITY EXEMPT FROM REGISTRATION AS MAY BE DEFINED IN  THE
REGULATIONS  OF THE COMMISSIONER, PROVIDED THAT SUCH ENTITY IS OTHERWISE
AUTHORIZED TO PROVIDE SUCH SERVICES PURSUANT TO  LAW  AND  ONLY  TO  THE
EXTENT  SUCH  SERVICES ARE AUTHORIZED UNDER ANY CERTIFICATES OF INCORPO-
RATION OR SUCH OTHER ORGANIZING DOCUMENTS AS MAY BE APPLICABLE.
  S 3. Section 6527 of the education law is  amended  by  adding  a  new
subdivision 8 to read as follows:
  8. NOTHING IN THIS ARTICLE SHALL PROHIBIT THE PROVISION OF PSYCHOTHER-
APY  AS DEFINED IN SUBDIVISION TWO OF SECTION EIGHTY-FOUR HUNDRED ONE OF
THIS TITLE TO THE EXTENT PERMISSIBLE WITHIN THE  SCOPE  OF  PRACTICE  OF
MEDICINE,  BY  ANY  NOT-FOR-PROFIT  CORPORATION,  EDUCATION CORPORATION,
FIRM, BUSINESS CORPORATION OR OTHER BUSINESS ENTITY  PROVIDING  SERVICES
WITHIN  THE  STATE  OF  NEW  YORK  AND  REGISTERED  PURSUANT  TO SECTION
SIXTY-FIVE HUNDRED THREE-A OF THIS TITLE, PROVIDED  THAT  SUCH  ENTITIES
OFFERING  SUCH  PSYCHOTHERAPY  SERVICES SHALL ONLY PROVIDE SUCH SERVICES
THROUGH AN INDIVIDUAL APPROPRIATELY LICENSED OR OTHERWISE AUTHORIZED  TO
PROVIDE  SUCH  SERVICES  OR A PROFESSIONAL BUSINESS ENTITY AUTHORIZED BY
LAW TO PROVIDE SUCH SERVICES.
  S 4. Subdivision 1 of section 6908 of the education law is amended  by
adding a new paragraph h to read as follows:
  H.  AS PROHIBITING THE PROVISION OF PSYCHOTHERAPY AS DEFINED IN SUBDI-
VISION TWO OF SECTION EIGHTY-FOUR HUNDRED  ONE  OF  THIS  TITLE  TO  THE
EXTENT  PERMISSIBLE WITHIN THE SCOPE OF PRACTICE OF NURSING, BY ANY NOT-
FOR-PROFIT CORPORATION, EDUCATION  CORPORATION,  FIRM,  BUSINESS  CORPO-
RATION  OR  OTHER BUSINESS ENTITY PROVIDING SERVICES WITHIN THE STATE OF
NEW YORK AND REGISTERED PURSUANT TO SECTION SIXTY-FIVE  HUNDRED  THREE-A
OF  THIS  TITLE, PROVIDED THAT SUCH ENTITIES OFFERING SUCH PSYCHOTHERAPY
SERVICES SHALL ONLY PROVIDE SUCH SERVICES THROUGH AN  INDIVIDUAL  APPRO-
PRIATELY  LICENSED OR OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES OR A
PROFESSIONAL BUSINESS ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES.
  S 5. Section 7605 of the education law is  amended  by  adding  a  new
subdivision 9 to read as follows:
  9.  THE  PROVISION  OF  PSYCHOTHERAPY AS DEFINED IN SUBDIVISION TWO OF
SECTION EIGHTY-FOUR HUNDRED ONE OF THIS TITLE TO THE EXTENT  PERMISSIBLE
WITHIN THE SCOPE OF PRACTICE OF PSYCHOLOGY, BY ANY NOT-FOR-PROFIT CORPO-
RATION, EDUCATION CORPORATION, FIRM, BUSINESS CORPORATION OR OTHER BUSI-
NESS  ENTITY  PROVIDING SERVICES WITHIN THE STATE OF NEW YORK AND REGIS-
TERED PURSUANT TO SECTION SIXTY-FIVE  HUNDRED  THREE-A  OF  THIS  TITLE,
PROVIDED  THAT  SUCH  ENTITIES  OFFERING  PSYCHOLOGY SERVICES SHALL ONLY
PROVIDE SUCH SERVICES THROUGH AN INDIVIDUAL  APPROPRIATELY  LICENSED  OR

A. 8897                             5

OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES OR A PROFESSIONAL BUSINESS
ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES.
  S  6.  Section  7706  of  the education law is amended by adding a new
subdivision 6 to read as follows:
  6. PROHIBIT THE PRACTICE OF LICENSED MASTER SOCIAL  WORK  OR  LICENSED
CLINICAL  SOCIAL  WORK,  TO  THE  EXTENT PERMISSIBLE WITHIN THE SCOPE OF
PRACTICE OF SUCH PROFESSIONS, BY ANY NOT-FOR-PROFIT CORPORATION,  EDUCA-
TION  CORPORATION,  FIRM,  BUSINESS CORPORATION OR OTHER BUSINESS ENTITY
PROVIDING SERVICES WITHIN THE STATE OF NEW YORK AND REGISTERED  PURSUANT
TO  SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS TITLE, PROVIDED THAT SUCH
ENTITIES OFFERING LICENSED  MASTER  SOCIAL  WORK  OR  LICENSED  CLINICAL
SOCIAL  WORK  SERVICES SHALL ONLY PROVIDE SUCH SERVICES THROUGH AN INDI-
VIDUAL APPROPRIATELY LICENSED OR OTHERWISE AUTHORIZED  TO  PROVIDE  SUCH
SERVICES  OR A PROFESSIONAL BUSINESS ENTITY AUTHORIZED BY LAW TO PROVIDE
SUCH SERVICES.
  S 7. Section 8410 of the education law is  amended  by  adding  a  new
subdivision 7 to read as follows:
  7.  PROHIBIT  THE  PRACTICE  OF MENTAL HEALTH COUNSELING, MARRIAGE AND
FAMILY THERAPY, CREATIVE ARTS THERAPY OR PSYCHOANALYSIS, TO  THE  EXTENT
PERMISSIBLE  WITHIN  THE  SCOPE  OF PRACTICE OF SUCH PROFESSIONS, BY ANY
NOT-FOR-PROFIT CORPORATION, EDUCATION CORPORATION, FIRM, BUSINESS CORPO-
RATION OR OTHER BUSINESS ENTITY PROVIDING SERVICES WITHIN THE  STATE  OF
NEW  YORK  AND REGISTERED PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A
OF THIS TITLE, PROVIDED THAT SUCH ENTITIES OFFERING MENTAL HEALTH  COUN-
SELING,  MARRIAGE  AND  FAMILY THERAPY, CREATIVE ARTS THERAPY OR PSYCHO-
ANALYSIS SERVICES SHALL ONLY PROVIDE SUCH SERVICES THROUGH AN INDIVIDUAL
APPROPRIATELY LICENSED OR OTHERWISE AUTHORIZED TO PROVIDE SUCH  SERVICES
OR  A  PROFESSIONAL  BUSINESS  ENTITY  AUTHORIZED BY LAW TO PROVIDE SUCH
SERVICES.
  S 8.  Subdivision 3 of section 7603 of the education law, as added  by
chapter 987 of the laws of 1971, is amended to read as follows:
  (3)  Experience: have two years of supervised employment or engagement
in appropriate psychology activities satisfactory to the  board  and  in
accordance  with the commissioner's regulations. SATISFACTORY EXPERIENCE
OBTAINED IN AN ENTITY REGISTERED WITH THE DEPARTMENT PURSUANT TO SECTION
SIXTY-FIVE HUNDRED THREE-A OF THIS TITLE MAY BE ACCEPTED BY THE  DEPART-
MENT,  NOTWITHSTANDING THAT SUCH EXPERIENCE MAY HAVE BEEN OBTAINED PRIOR
TO THE EFFECTIVE DATE OF SUCH SECTION SIXTY-FIVE HUNDRED THREE-A  AND/OR
PRIOR  TO  THE REGISTRATION OF THE SETTING. THE DEPARTMENT MAY, FOR GOOD
CAUSE SHOWN, ACCEPT SATISFACTORY  EXPERIENCE  THAT  WAS  OBTAINED  IN  A
SETTING THAT WOULD HAVE BEEN ELIGIBLE FOR REGISTRATION BUT WHICH HAS NOT
REGISTERED  WITH  THE DEPARTMENT OR EXPERIENCE THAT WAS OBTAINED IN GOOD
FAITH BY THE APPLICANT UNDER THE BELIEF THAT  APPROPRIATE  AUTHORIZATION
HAD  BEEN  OBTAINED  FOR  THE  EXPERIENCE, PROVIDED THAT SUCH EXPERIENCE
MEETS ALL OTHER REQUIREMENTS FOR ACCEPTABLE EXPERIENCE;
  S 9. Paragraph (c) of subdivision 2 of section 7704 of  the  education
law,  as  amended by chapter 230 of the laws of 2004, is amended to read
as follows:
  (c) Experience: have at least three years full-time  supervised  post-
graduate  clinical  social  work experience in diagnosis, psychotherapy,
and assessment-based  treatment  plans,  or  its  part-time  equivalent,
obtained  over  a  continuous  period not to exceed six years, under the
supervision, satisfactory  to  the  department,  of  a  psychiatrist,  a
licensed psychologist, or a licensed clinical social worker in a facili-
ty  setting  or  other  supervised  settings approved by the department.
SATISFACTORY EXPERIENCE  OBTAINED  IN  AN  ENTITY  REGISTERED  WITH  THE

A. 8897                             6

DEPARTMENT  PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS TITLE
MAY BE ACCEPTED BY THE DEPARTMENT, NOTWITHSTANDING THAT SUCH  EXPERIENCE
MAY  HAVE  BEEN  OBTAINED  PRIOR  TO  THE EFFECTIVE DATE OF SUCH SECTION
SIXTY-FIVE  HUNDRED  THREE-A  AND/OR  PRIOR  TO  THE REGISTRATION OF THE
SETTING. THE DEPARTMENT MAY, FOR GOOD CAUSE SHOWN,  ACCEPT  SATISFACTORY
EXPERIENCE  THAT WAS OBTAINED IN A SETTING THAT WOULD HAVE BEEN ELIGIBLE
FOR REGISTRATION BUT WHICH HAS NOT REGISTERED  WITH  THE  DEPARTMENT  OR
EXPERIENCE  THAT  WAS  OBTAINED IN GOOD FAITH BY THE APPLICANT UNDER THE
BELIEF THAT APPROPRIATE AUTHORIZATION HAD BEEN OBTAINED FOR THE  EXPERI-
ENCE,  PROVIDED  THAT  SUCH  EXPERIENCE MEETS ALL OTHER REQUIREMENTS FOR
ACCEPTABLE EXPERIENCE;
  S 10. Paragraph (c) of subdivision 3 of section 8402 of the  education
law,  as added by chapter 676 of the laws of 2002, is amended to read as
follows:
  (c) Experience: An applicant shall complete a minimum of  three  thou-
sand  hours of post-master's supervised experience relevant to the prac-
tice of mental health  counseling  satisfactory  to  the  board  and  in
accordance with the commissioner's regulations.  SATISFACTORY EXPERIENCE
OBTAINED IN AN ENTITY REGISTERED WITH THE DEPARTMENT PURSUANT TO SECTION
SIXTY-FIVE  HUNDRED THREE-A OF THIS TITLE MAY BE ACCEPTED BY THE DEPART-
MENT, NOTWITHSTANDING THAT SUCH EXPERIENCE MAY HAVE BEEN OBTAINED  PRIOR
TO  THE EFFECTIVE DATE OF SUCH SECTION SIXTY-FIVE HUNDRED THREE-A AND/OR
PRIOR TO THE REGISTRATION OF THE SETTING. THE DEPARTMENT MAY,  FOR  GOOD
CAUSE  SHOWN,  ACCEPT  SATISFACTORY  EXPERIENCE  THAT  WAS OBTAINED IN A
SETTING THAT WOULD HAVE BEEN ELIGIBLE FOR REGISTRATION BUT WHICH HAS NOT
REGISTERED WITH THE DEPARTMENT OR EXPERIENCE THAT WAS OBTAINED  IN  GOOD
FAITH  BY  THE APPLICANT UNDER THE BELIEF THAT APPROPRIATE AUTHORIZATION
HAD BEEN OBTAINED FOR THE  EXPERIENCE,  PROVIDED  THAT  SUCH  EXPERIENCE
MEETS ALL OTHER REQUIREMENTS FOR ACCEPTABLE EXPERIENCE;
  S  11. Paragraph (c) of subdivision 3 of section 8403 of the education
law, as added by chapter 676 of the laws of 2002, is amended to read  as
follows:
  (c)  Experience:  The completion of at least one thousand five hundred
client contact hours of supervised clinical experience, by persons hold-
ing a degree from a master's or doctoral  program,  or  the  substantial
equivalent,  in  accordance  with  the commissioner's regulations or the
completion of at least one thousand five hundred client hours of  super-
vised  post-master's  clinical experience in marriage and family therapy
satisfactory to the department in  accordance  with  the  commissioner's
regulations.    SATISFACTORY EXPERIENCE OBTAINED IN AN ENTITY REGISTERED
WITH THE DEPARTMENT PURSUANT TO SECTION SIXTY-FIVE  HUNDRED  THREE-A  OF
THIS  TITLE MAY BE ACCEPTED BY THE DEPARTMENT, NOTWITHSTANDING THAT SUCH
EXPERIENCE MAY HAVE BEEN OBTAINED PRIOR TO THE EFFECTIVE  DATE  OF  SUCH
SECTION  SIXTY-FIVE  HUNDRED THREE-A AND/OR PRIOR TO THE REGISTRATION OF
THE SETTING.  THE DEPARTMENT MAY, FOR GOOD CAUSE SHOWN, ACCEPT SATISFAC-
TORY EXPERIENCE THAT WAS OBTAINED IN A  SETTING  THAT  WOULD  HAVE  BEEN
ELIGIBLE  FOR REGISTRATION BUT WHICH HAS NOT REGISTERED WITH THE DEPART-
MENT OR EXPERIENCE THAT WAS OBTAINED IN  GOOD  FAITH  BY  THE  APPLICANT
UNDER  THE  BELIEF  THAT APPROPRIATE AUTHORIZATION HAD BEEN OBTAINED FOR
THE EXPERIENCE, PROVIDED THAT SUCH EXPERIENCE MEETS ALL  OTHER  REQUIRE-
MENTS FOR ACCEPTABLE EXPERIENCE;
  S  12. Paragraph (c) of subdivision 3 of section 8404 of the education
law, as added by chapter 676 of the laws of 2002, is amended to read  as
follows:
  (c) Experience: Have completed at least fifteen hundred hours of post-
master's  supervised  experience  in one or more creative arts therapies

A. 8897                             7

satisfactory to the department and in accordance with the commissioner's
regulations. SATISFACTORY EXPERIENCE OBTAINED IN  AN  ENTITY  REGISTERED
WITH  THE  DEPARTMENT  PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A OF
THIS  TITLE MAY BE ACCEPTED BY THE DEPARTMENT, NOTWITHSTANDING THAT SUCH
EXPERIENCE MAY HAVE BEEN OBTAINED PRIOR TO THE EFFECTIVE  DATE  OF  SUCH
SECTION  SIXTY-FIVE  HUNDRED THREE-A AND/OR PRIOR TO THE REGISTRATION OF
THE SETTING. THE DEPARTMENT MAY, FOR GOOD CAUSE SHOWN, ACCEPT  SATISFAC-
TORY  EXPERIENCE  THAT  WAS  OBTAINED  IN A SETTING THAT WOULD HAVE BEEN
ELIGIBLE FOR REGISTRATION BUT WHICH HAS NOT REGISTERED WITH THE  DEPART-
MENT  OR  EXPERIENCE  THAT  WAS  OBTAINED IN GOOD FAITH BY THE APPLICANT
UNDER THE BELIEF THAT APPROPRIATE AUTHORIZATION HAD  BEEN  OBTAINED  FOR
THE  EXPERIENCE,  PROVIDED THAT SUCH EXPERIENCE MEETS ALL OTHER REQUIRE-
MENTS FOR ACCEPTABLE EXPERIENCE;
  S 13. Paragraph (c) of subdivision 3 of section 8405 of the  education
law,  as added by chapter 676 of the laws of 2002, is amended to read as
follows:
  (c) Experience: Have completed a minimum of fifteen hundred  hours  of
supervised  clinical  practice  satisfactory  to  the  department and in
accordance with the commissioner's regulations.  SATISFACTORY EXPERIENCE
OBTAINED IN AN ENTITY REGISTERED WITH THE DEPARTMENT PURSUANT TO SECTION
SIXTY-FIVE HUNDRED THREE-A OF THIS TITLE MAY BE ACCEPTED BY THE  DEPART-
MENT,  NOTWITHSTANDING THAT SUCH EXPERIENCE MAY HAVE BEEN OBTAINED PRIOR
TO THE EFFECTIVE DATE OF SUCH SECTION SIXTY-FIVE HUNDRED THREE-A  AND/OR
PRIOR  TO  THE REGISTRATION OF THE SETTING. THE DEPARTMENT MAY, FOR GOOD
CAUSE SHOWN, ACCEPT SATISFACTORY  EXPERIENCE  THAT  WAS  OBTAINED  IN  A
SETTING THAT WOULD HAVE BEEN ELIGIBLE FOR REGISTRATION BUT WHICH HAS NOT
REGISTERED  WITH  THE DEPARTMENT OR EXPERIENCE THAT WAS OBTAINED IN GOOD
FAITH BY THE APPLICANT UNDER THE BELIEF THAT  APPROPRIATE  AUTHORIZATION
HAD  BEEN  OBTAINED  FOR  THE  EXPERIENCE, PROVIDED THAT SUCH EXPERIENCE
MEETS ALL OTHER REQUIREMENTS FOR ACCEPTABLE EXPERIENCE;
  S 14. Section 9 of chapter 420 of the laws of 2002 amending the educa-
tion law relating to the  profession  of  social  work,  as  amended  by
section  1  of  part II of chapter 57 of the laws of 2009, is amended to
read as follows:
  S 9. Nothing in this act shall prohibit or  limit  the  activities  or
services on the part of any person in the employ of a program or service
operated,  regulated,  funded,  or approved by [the department of mental
hygiene or the office of  children  and  family  services,  or  a  local
governmental  unit  as  that term is defined in article 41 of the mental
hygiene law or a social services district as defined in  section  61  of
the  social  services law] A NEW YORK STATE OR FEDERAL AGENCY, POLITICAL
SUBDIVISION, MUNICIPAL CORPORATION OR LOCAL GOVERNMENT  AGENCY  OR  UNIT
PURSUANT  TO  AUTHORITY  GRANTED BY LAW, provided, however, this section
shall not authorize the use of any title authorized pursuant to  article
154  of  the  education  law,  except  that this section shall be deemed
repealed [on June 1, 2010] JULY 1, 2011, PROVIDED THAT THE  COMMISSIONER
OF EDUCATION SHALL CONVENE A WORKGROUP OF STATE AGENCIES, NOT-FOR-PROFIT
PROVIDERS, PROFESSIONAL ASSOCIATIONS AND CONSUMERS, AND OTHER KEY STAKE-
HOLDERS  TO  RECOMMEND BY JANUARY 1, 2011 ANY AMENDMENTS TO LAW, RULE OR
REGULATION NECESSARY TO FULLY IMPLEMENT THE REQUIREMENTS  FOR  LICENSURE
BY  JULY 1, 2011 AND WHETHER TO EXTEND BEYOND JULY 1, 2011 THE AUTHORITY
OF THE EDUCATION DEPARTMENT TO  REGISTER  ENTITIES  IN  ACCORDANCE  WITH
SECTION 6503-A OF THE EDUCATION LAW.
  S  15.  Section  17-a  of chapter 676 of the laws of 2002 amending the
education law relating to the practice  of  psychology,  as  amended  by

A. 8897                             8

section  2  of  part II of chapter 57 of the laws of 2009, is amended to
read as follows:
  S  17-a.  [Nothing] A. IN RELATION TO ACTIVITIES AND SERVICES PROVIDED
UNDER ARTICLE 153 OF THE  EDUCATION  LAW,  NOTHING  in  this  act  shall
prohibit  or  limit [the] SUCH activities or services on the part of any
person in the employ of a program or service operated, regulated,  fund-
ed,  or  approved  by  the department of mental hygiene or the office of
children and family services, or a local governmental unit as that  term
is  defined in article 41 of the mental hygiene law or a social services
district as defined in section 61 of the social services law[, provided,
however, this section shall not authorize the use of any  title  author-
ized  pursuant  to  article  153  or 163 of the education law, except as
otherwise provided by such articles, except that this section  shall  be
deemed repealed on June 1, 2010]. IN RELATION TO ACTIVITIES AND SERVICES
PROVIDED  UNDER  ARTICLE  163  OF THE EDUCATION LAW, NOTHING IN THIS ACT
SHALL PROHIBIT OR LIMIT SUCH ACTIVITIES OR SERVICES ON THE PART  OF  ANY
PERSON  IN THE EMPLOY OF A PROGRAM OR SERVICE OPERATED, REGULATED, FUND-
ED, OR APPROVED BY A NEW YORK STATE OR FEDERAL AGENCY, POLITICAL  SUBDI-
VISION,  MUNICIPAL CORPORATION OR LOCAL GOVERNMENT AGENCY OR UNIT PURSU-
ANT TO AUTHORITY GRANTED BY LAW. THIS SECTION SHALL  NOT  AUTHORIZE  THE
USE OF ANY TITLE AUTHORIZED PURSUANT TO ARTICLE 153 OR 163 OF THE EDUCA-
TION  LAW  BY  ANY SUCH EMPLOYED PERSON, EXCEPT AS OTHERWISE PROVIDED BY
SUCH ARTICLES RESPECTIVELY.
  B. THIS SECTION SHALL BE DEEMED REPEALED JULY 1, 2011. THE COMMISSION-
ER  OF  EDUCATION  SHALL  CONVENE  A  WORKGROUP   OF   STATE   AGENCIES,
NOT-FOR-PROFIT  PROVIDERS,  PROFESSIONAL ASSOCIATIONS AND CONSUMERS, AND
OTHER KEY STAKEHOLDERS TO RECOMMEND BY JANUARY 1, 2011 ANY AMENDMENTS TO
LAW, RULE OR REGULATION NECESSARY TO FULLY  IMPLEMENT  THE  REQUIREMENTS
FOR  LICENSURE  OR  REGISTRATION  BY  JULY 1, 2011 AND WHETHER TO EXTEND
BEYOND JULY 1, 2011 THE AUTHORITY OF THE EDUCATION DEPARTMENT TO  REGIS-
TER ENTITIES IN ACCORDANCE WITH SECTION 6503-A OF THE EDUCATION LAW.
  S 16. This act shall take effect immediately.

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2009-A8897A (ACTIVE) - Details

Law Section:: Education Law
Laws Affected:: Amd Ed L, generally; amd §9, Chap 420 of 2002; amd §17-a, Chap 676 of 2002

2009-A8897A (ACTIVE) - Summary

2009-A8897A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8897A

TITLE OF BILL:  An act to amend the education law, in relation to the
registration of entities providing certain professional services and the
licensure of certain professions; to amend chapter 420 of the laws of
2002, amending the education law relating to the profession of social
work, in relation to the effect of such provisions on certain govern-
mental entities and the effectiveness thereof; and to amend chapter 676
of the laws of 2002, amending the education law relating to the practice
of psychology, in relation to the effect of such provisions on certain
governmental entities and the effectiveness thereof

PURPOSE OR GENERAL IDEA OF BILL: This bill is to prevent the disruption
of services to the public in the professions of licensed master social
work, licensed clinical social work, licensed mental health counseling,
licensed marriage and family therapy, licensed creative arts therapy,
licensed psychoanalysis, and licensed psychology by creating an
exemption from corporate practice prohibitions for not-for-profit corpo-
rations and education Corporations that provide professional services in
these professions, provided that these entities obtain a waiver with the
State Education Department ("Department") by July 1, 2012. Leading up to
and upon approval of a waiver application, entities would be authorized
to employ licensed professionals or contract with professional entities
to provide such professional services. Additionally, the bill would
recognize work experience gained by individuals employed by such enti-
ties and would permit such individuals to apply this experience towards

the experience qualifications for professional licensure.  Finally, the
bill would extend and expand current law licensure exemptions until July
1, 2013 and require a workforce study be completed by July 1, 2012.

SUMMARY OF SPECIFIC PROVISIONS:  Section 1, of the bill would add a new
§6503-a to Title VIII of the Education Law to allow the Department to
authorize not-for-profit corporations and education corporations that
offer services provided by professionals licensed under Education Law
Article 154 (social work) or Article 163 (mental health practitioners)
of the Education Law or services constituting the provision of psychoth-
erapy as defined in Education Law §8401(2) and authorized, and provided
under Education Law Article 131 (medicine), 139 (nursing) or 153
(psychology) and that are not otherwise authorized by law to provide
such professional services, to provide these professional services upon
obtaining a waiver from the Department by July 1, 2012. New 6503-a would
provide that any such entity offering such professional services on this
bill's effective date would be allowed to continue to do so provided
that the entity applies for a waiver within 120 days after the Depart-
ment prescribes an application form. Upon its submission of such appli-
cation, the entity would be allowed to operate and provide services
until its application is approved or denied. After the Department
receives all necessary information for a waiver application, they would
be required to approve or deny a waiver within 90 days. Entities would
be required to reapply for a waiver every three years. §6503-a would
clarify that certain entities would not be required to obtain a waiver
under the section, including (1) appropriately organized professional

entities, (2) certain entities operated by New York State or federal
agencies, political subdivisions, municipal corporations, or local
government agencies or units or entities operated under properly issued
operating certificates, (3) a university faculty practice corporation
established under the Not-for-Profit Corporation Law, (4) institutions
of higher education authorized to offer, programs leading to licensure
in the affected professions that provide services as part of a regis-
tered program, and (5) institutions of higher education that provide
counseling to students or staff and their families.  New §6503-a Upon
application of a waiver, the entity would be required to disclose the
scope of its practice, the names of its directors and officers, a list-
ing of any other jurisdiction in which it intends to provide services,
and a list of the e professions under Title VIII of the Education Law in
which it intends to employ licensees. The application would include an
attestation which would include a statement that, unless otherwise
authorized by law, the entity will only provide professional services
authorized under §6503-a and any service appropriately related thereto,
as determined by the Department, and that only licensed professionals or
persons otherwise authorized to practice such services, or professional
business entities authorized by law to provide such services will
provide the professional services as authorized under this section;
Additionally, the directors and officers of the entity operating pursu-
ant to a waiver would be required to provide, an attestation regarding
his or her moral character, which would include a statement disclosing
any criminal convictions, pending criminal charges, determinations of
professional misconduct, pending charges of professional misconduct, or
any limitations on professional practice. Under §6503-a, these entities
would be supervised by, the Regents of the University of the State of
New York and would be subject to disciplinary action to the same extent
as professionals licensed under Title VIII of the Education Law, includ-
ing revocation, suspension and annulment. Sections 2, 3 and 4 of the
bill would add new subdivision 8 to §6527(medicine), new paragraph h to
subdivision 1 to §6908 (nursing), and new subdivision 9 to §7605
(psychology), respectively, to-provide that so long as an entity obtains
a waiver under new §6503-a of the Education Law, it may provide
psychotherapy services (as defined in Education Law §8401) to the extent
permissible within the applicable scope of professional practice by
either a physician, nurse, or psychologist; respectively, provided such
services are provided through such an appropriately licensed profes-
sional, or a professional business entity authorized to provide such
services.  Section 5 of the bill would add a new subdivision 6 to §7706
of the Education Law to specifically permit any not-for-profit corpo-
ration or education corporation operating under a waiver pursuant to
Education Law §6503-a to provide licensed master social work and
licensed clinical social work services, provided such services are
provided by individuals appropriately licensed or otherwise authorized
to provide such services or by an authorized professional business enti-
ty.  Section 6 of the bill would add a new subdivision 7 to §8410 of the
Education Law to specifically permit any not-for-profit corporation or
education corporation operating under a waiver pursuant to Education Law
§6503-a to provide mental health practitioner services, provided such
services are provided by individuals appropriately licensed or otherwise

authorize& to provide such services or by an authorized professional
business entity. Section 7 of the bill would amend subdivision 3 of
§7603 of the Education Law to provide that work experience in psychology
gained in a setting of an entity operating under a waiver pursuant to
56503-a of the Education Law would may be applied towards the experience
qualifications required by the Department for professional licensure as
a psychologist notwithstanding that such experience may have been
obtained prior to the effective date of §6503-a and/or prior to the
entity obtaining a waiver. Education Law §7704(2)(c),as amended, would
provide that the Department may, for good cause, accept satisfactory
experience obtained in such a setting which would have been eligible for
waiver but which has not yet obtained a waiver with the Department.
Experience that was obtained in good faith by the applicant under the
belief that appropriate authorization had been obtained. Section 8 of
the bill would amend paragraph c of subdivision 2 of § 7704 of the
Education Law to provide that work experience in social work gained in a
setting operating under a waiver pursuant to 56503-a of the Education
Law would be applied towards the experience.  qualifications required by
the Department for professional licensure as a social worker, notwith-
standing that such experience may have been obtained prior to the effec-
tive date of §6503-a and/or prior to the entity obtaining a waiver.
Education Law §7704(2)(c), as amended, would provide that the Department
may, for good cause, accept satisfactory experience obtained in such a
setting which would have been eligible for a waiver but which has not
yet obtained a waiver with the Department. Experience that was obtained
in good faith by the applicant under the belief that appropriate author-
ization had been obtained. Section 9 of the bill would similarly amend
paragraph c of subdivision 3 of §8402 of the Education Law to provide
that experience in mental health counseling gained in a setting of an
entity operating under a waiver pursuant to §6503-a of the Education Law
may be applied towards the experience qualifications required by the
Department for the licensure of an individual as a Mental health practi-
tioner, notwithstanding that such experience may have been obtained
prior to the effective date of §6503-a and/or prior to the entity
obtaining a waiver. Education Law §8402(3)(c), as amended, would provide
that the Department may, for good cause, accept satisfactory experience
obtained in such setting that would have been eligible for a waiver but
which has not yet obtained a waiver with the Department. Experience that
was obtained in good faith by the applicant under the belief that appro-
priate authorization had been obtained. Section 10 of the bill would
amend paragraph c of subdivision 3 of §8403 of the Education Law to
provide that experience in marriage and family therapy gained in an
entity operating under a waiver pursuant to §6503-a of the Education Law
may be applied towards the experience qualifications required by the
Department for such professional licensure, notwithstanding that such
experience may have been obtained prior to the effective date of §6503-a
and/or prior to the entity obtaining a waiver. Education Law
§8403(3)(c), as amended, would provide that the Department may, for good
cause, accept satisfactory experience obtained in a setting that would
have been eligible for a waiver but which has not obtained a waiver with
the Department or experience that was obtained in good faith by the
applicant under the belief that appropriate authorization had been

obtained. Section 11 of the bill would amend paragraph c of subdivision
3 of §8404 of the Education Law to provide that experience in creative
arts therapy gained in an entity operating under a waiver pursuant to
new Education Law §6503-a may be applied towards the experience quali-
fications required by the Department for such professional licensure,-
notwithstanding that such experience may have been obtained prior to the
effective date of §6503-a and/or prior to the entity obtaining a waiver.
Education Law §8404(3)(c), as amended, would provide that the Department
may, for good cause, accept satisfactory experience obtained in a
setting that would have been eligible for a waiver but which has not
obtained a waiver with the Department or experience that was obtained in
good faith by the applicant under the belief that appropriate authori-
zation had been obtained. Section 12 of the bill would amend paragraph c
of subdivision 3 of §8405 of the Education Law to provide that experi-
ence in psychoanalysis gained in an entity operating under a waiver
pursuant to new Education Law §6503-a may be applied towards the experi-
ence qualifications required by the Department for such professional
licensure, notwithstanding that such experience may have been obtained
prior to the effective date of 5650 3-a and/or prior to the entity
obtaining a waiver. Education Law §8405(3)(c), as amended, would provide
that the Department may, for good cause, accept satisfactory experience
obtained in a setting that would have been eligible for a waiver but
which has not obtained a waiver with the Department or experience that
was obtained in good faith by the applicant under the belief that appro-
priate authorization had been obtained. Section 13 of the bill would
amend Chapter 420 of the Laws of 2002, amending the Education Law in
relation to social work, to (1) expand the exemption from social work
licensure requirements and from certain corporate practice prohibitions
so that the exemption would apply to those employed in programs oper-
ated, regulated, funded, or approved by the Department of Mental
Hygiene, the Office of Children and Family Services, the Department of
Correctional Services, the State Office for the Aging, the Department of
Health or local government units, (2) extend the effectiveness of Chap-
ter 420 to July 1, 2013, (3) provide that on or before July 1, 2011,
each exempted agency, local governmental unit and social services
district, either individually or on a group basis, submit to the Commis-
sioner of Education a report on the utilization of personnel subject to
the provisions in this bill (4) provide that the Commissioner of Educa-
tion will, after consultation with exempted state agencies, consumers
and other key stakeholders, submit a report to the Legislature by July
1, 2012 to recommend any amendments to law, rule or regulation necessary
to fully implement the - requirements for licensure by July 1, 2013.
Section 14 of the bill would amend Chapter 676 of the Laws of 2002,
amending the Education Law in relation to psychology and mental health
practitioners to (1) extend the effectiveness of the exemption of
psychology from certain corporate practice prohibitions to July 1, 2013,
which at such time it would be repealed (2) expand the exemption from
mental health practitioner license requirements and from certain corpo-
rate practice prohibitions so that the exemption would apply to those
employed in programs operated, regulated, funded, or approved by the
Department of Mental Hygiene, the Office of Children and Family
Services, the Department of Correctional Services, the State Office for

the Aging, the Department of Health or local government units and to
provide for the effectiveness of such exemption until. July 1, 2013, at
which time it would be repealed, (3) provide that on or before July 1,
2011, each exempted agency, local governmental unit and social services
district, either individually or on a group basis, submit to the Commis-
sioner of Education a report on the utilization of personnel subject to
the provisions in this bill (4) provide that the Commissioner of Educa-
tion will, after consultation with exempted state agencies, consumers
and other key stakeholders, submit a report to the Legislature by July
1, 2012 to recommend any amendments to law, rule or regulation necessary
to fully implement the requirements for licensure by July 1, 2013.
Section 15 of the bill is the effective date.

JUSTIFICATION: Chapters 420 and 676 of the Laws of 2002 established
restricted practice for the professions of licensed master social work,
licensed clinical social work, licensed mental health counseling,
licensed manage and family therapy, licensed creative arts therapy,
licensed psychoanalysis, and licensed psychology, thereby making a range
of activities such as psychotherapy and certain types of counseling
subject to professional licensure requirements for the first. time. For
decades prior to the enactment of Chapters 420 and 676, not-for-profit
corporations and education corporations, which are not professional
business entities, had employed individuals to provide social work,
psychotherapy and mental health services.  However, there are prohibi-
tions against engaging in corporate practice in these professions, and
the new licensing law did not provide a general recognition of such
providers that employ individuals licensed in these professions but who
are not authorized to do so under appropriate laws, such as the Mental
Hygiene Law or Article 28 of the Public Health Law.

Presently, the law restricts the practice of the professions of social
work and mental health practitioners and the provision of psychotherapy
services by professionals in medicine, nursing and psychology to indi-
viduals or entities licensed by the Department.  Education Law §6512
makes it a Class E felony for an unlicensed person to practice a
licensed profession or hold oneself out as being able to practice a
licensed profession. Further, certain statutory provisions relating to
corporate practice generally prohibit the provision of services by not-
for-profit corporations. With certain exceptions, such as speech-pathol-
ogy and audiology, corporate practice (practice of a profession by a
corporation or other corporate entity) is generally prohibited, with
additional restrictions being applicable when multiple professions are
involved.  Such practice must be conducted in a legally authorized
setting, such as a professional entity, an OMH clinic, or a Public
Health Law Article 28 hospital, or in an exempt setting. The law does
not provide a general exemption or recognition of community-based
providers that employ individuals in these professions, such as River-
side Mental Health or Samaritan Counseling. Although some of these
community providers fall within existing statutory exemptions, others do
not.  Therefore, the Department cannot accept the work experience gained
in such settings by applicants for licensure and such experience cannot
be applied towards the qualifications for licensure of such applicants.

Nor can the Department issue permits to, individuals to practice in such
settings if they do not have the legal authority to provide such profes-
sional services.

Unless an exception to the restrictions on corporate practice is
provided, these entities could not continue to provide these profes-
sional services without violating Title VIII of the Education Law, and
the Department could not accept experience gained by practitioners
employed by such entities for purposes of meeting experience require-
ments for professional licensure.

To avoid the disruption of services that would result if these entities
could no longer deliver the professional services they have been provid-
ing for many years, while assuring that the professional services are
subject to professional regulation for the protection of the public,
this bill would create an exception to corporate practice in these
professions and provide that entities, including not-for-profit corpo-
rations and education corporations could continue to deliver social
work, psychotherapy and mental health services provided that they obtain
a waiver from the Department by July 1, 2012. Once an entity obtains a
waiver they would be subject to professional regulation under Title VIII
of the Education Law and would be authorized to employ duly licensed
professionals to provide such services or to contract with professional
business entities such as professional corporations or professional
limited liability companies to deliver such services.

The bill would continue to recognize the authority of clinics and
Programs, that operate under an operating certificate, by certain public
agencies, including the Office of Mental Health (OMH), Office of Mental
Retardation and Developmental Disabilities (OMRDD), Office of Alcohol
and. Substance Abuse Services (OASAS), and Department of Health (DOH).

Finally this bill would extend the social work, mental health and
psychology licensure exemptions to certain state agencies and local
governmental units for three years (until July 1, 2013); require a work-
force study be completed by exempted state agencies and local govern-
mental units by July 1, 2011; and require the Commissioner of Education,
after consultation with state agencies, consumers and key stakeholders
to submit a report to the Legislature by July 1, 2012 to recommend any
amendments to law, rule or regulation necessary to fully implement the
requirements for licensure by July 1, 2013.

PRIOR LEGISLATIVE HISTORY: 2009. - A.8897 - Ways & Means

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall. take effect immediately.

2009-A8897A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8897--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 12, 2009
                               ___________

Introduced  by  M.  of  A.  PRETLOW,  GANTT,  JOHN, KOON, HOYT, LUPARDO,
  PAULIN, DelMONTE, JAFFEE -- Multi-Sponsored by -- M.  of  A.  LATIMER,
  PEOPLES-STOKES,  SCHIMEL,  WEISENBERG  -- -- read once and referred to
  the Committee  on  Higher  Education  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the education law, in relation to  the  registration  of
  entities  providing certain professional services and the licensure of
  certain professions; to amend chapter 420 of the laws of 2002,  amend-
  ing  the  education  law relating to the profession of social work, in
  relation to the effect of  such  provisions  on  certain  governmental
  entities  and  the  effectiveness thereof; and to amend chapter 676 of
  the laws of 2002, amending the education law relating to the  practice
  of psychology, in relation to the effect of such provisions on certain
  governmental entities and the effectiveness thereof

  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 6503-a
to read as follows:
  S 6503-A. WAIVER FOR ENTITIES PROVIDING CERTAIN PROFESSIONAL SERVICES.
1. A. NOTWITHSTANDING ANY LAWS TO THE CONTRARY, EXCEPT  AS  PROVIDED  IN
SUBDIVISION TWO OF THIS SECTION, A NOT-FOR-PROFIT CORPORATION FORMED FOR
CHARITABLE, EDUCATIONAL, OR RELIGIOUS PURPOSES OR OTHER SIMILAR PURPOSES
DEEMED  ACCEPTABLE  BY  THE  DEPARTMENT;  OR AN EDUCATION CORPORATION AS
DEFINED IN SUBDIVISION ONE OF SECTION  TWO  HUNDRED  SIXTEEN-A  OF  THIS
CHAPTER  MAY  PROVIDE  THE  FOLLOWING SERVICES, PROVIDED THAT, EXCEPT AS
OTHERWISE PROVIDED IN PARAGRAPH B OF THIS SUBDIVISION, THE ENTITY WAS IN
EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS SECTION AND HAS OBTAINED A
WAIVER ISSUED BY THE DEPARTMENT PURSUANT TO THIS  SECTION  BY  NO  LATER
THAN JULY FIRST, TWO THOUSAND TWELVE:
  (I)  SERVICES  PROVIDED  UNDER  ARTICLE  ONE HUNDRED FIFTY-FOUR OR ONE
HUNDRED SIXTY-THREE OF THIS TITLE FOR WHICH LICENSURE WOULD BE REQUIRED,
OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD14336-10-0

A. 8897--A                          2

  (II) SERVICES CONSTITUTING THE PROVISION OF PSYCHOTHERAPY  AS  DEFINED
IN  SUBDIVISION TWO OF SECTION EIGHTY-FOUR HUNDRED ONE OF THIS TITLE AND
AUTHORIZED AND  PROVIDED  UNDER  ARTICLE  ONE  HUNDRED  THIRTY-ONE,  ONE
HUNDRED THIRTY-NINE, OR ONE HUNDRED FIFTY-THREE OF THIS TITLE.
  SUCH  SERVICES  MAY  BE  PROVIDED EITHER DIRECTLY THROUGH THE ENTITY'S
EMPLOYEES OR INDIRECTLY BY CONTRACT  WITH  INDIVIDUALS  OR  PROFESSIONAL
ENTITIES  DULY  LICENSED,  REGISTERED,  OR  AUTHORIZED  TO  PROVIDE SUCH
SERVICES.
  B. THE DEPARTMENT MAY ISSUE A WAIVER ON OR AFTER JULY FIRST, TWO THOU-
SAND TWELVE TO AN ENTITY WHICH WAS CREATED  BEFORE,  ON,  OR  AFTER  THE
EFFECTIVE  DATE  OF  THIS SECTION IF THERE IS A DEMONSTRATION OF NEED OF
THE ENTITY'S SERVICES SATISFACTORY TO THE DEPARTMENT.
  C. WITHIN ONE HUNDRED TWENTY DAYS AFTER  THE  COMMISSIONER  PRESCRIBES
THE APPLICATION FORM AND POSTS NOTICE OF ITS AVAILABILITY ON THE DEPART-
MENT'S  WEBSITE, ANY ENTITY DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION
PROVIDING SERVICES ON THE EFFECTIVE DATE OF THIS SECTION, MUST APPLY FOR
A WAIVER. UPON SUBMISSION OF SUCH APPLICATION, THE ENTITY  MAY  CONTINUE
TO  OPERATE  AND PROVIDE SERVICES UNTIL THE DEPARTMENT SHALL EITHER DENY
OR APPROVE THE ENTITY'S APPLICATION.  AFTER  THE  DEPARTMENT  RENDERS  A
TIMELY INITIAL DETERMINATION THAT THE APPLICANT HAS SUBMITTED THE INFOR-
MATION NECESSARY TO VERIFY THAT THE REQUIREMENTS OF PARAGRAPHS D, E, AND
F  OF  THIS SUBDIVISION ARE SATISFIED, APPLICATIONS FOR WAIVERS SHALL BE
APPROVED OR DENIED WITHIN NINETY DAYS; PROVIDED  HOWEVER,  THAT  IF  THE
WAIVER  APPLICATION  IS  DENIED THE ENTITY SHALL CEASE PROVIDING PROFES-
SIONAL SERVICES, PURSUANT TO PARAGRAPH A OF  THIS  SUBDIVISION,  IN  THE
STATE OF NEW YORK.
  D.  SUCH  WAIVER SHALL PROVIDE THAT SERVICES RENDERED PURSUANT TO THIS
SECTION, DIRECTLY OR INDIRECTLY, SHALL BE  PROVIDED  ONLY  BY  A  PERSON
APPROPRIATELY  LICENSED TO PROVIDE SUCH SERVICES PURSUANT TO ARTICLE ONE
HUNDRED THIRTY-ONE, ONE HUNDRED THIRTY-NINE,  ONE  HUNDRED  FIFTY-THREE,
ONE  HUNDRED FIFTY-FOUR, OR ONE HUNDRED SIXTY-THREE OF THIS TITLE, OR BY
A PERSON OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES UNDER SUCH  ARTI-
CLES,  OR  BY  A  PROFESSIONAL  ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH
SERVICES.
  E. AN APPLICATION FOR A WAIVER TO PROVIDE PROFESSIONAL SERVICES PURSU-
ANT TO THIS SECTION SHALL BE ON A FORM PRESCRIBED BY  THE  COMMISSIONER.
SUCH APPLICATION SHALL INCLUDE:
  (I) THE NAME OF THE ENTITY,
  (II) THE NAMES OF THE DIRECTORS AND OFFICERS OF SUCH ENTITY,
  (III)  A  LISTING  OF  ANY  OTHER  JURISDICTIONS  WHERE THE ENTITY MAY
PROVIDE SERVICES, AND
  (IV) AN ATTESTATION MADE BY AN OFFICER AUTHORIZED  BY  THE  ENTITY  TO
MAKE  SUCH  ATTESTATION  THAT  IDENTIFIES  THE  SCOPE  OF SERVICES TO BE
PROVIDED; INCLUDES A LIST OF  PROFESSIONS  UNDER  THIS  TITLE  IN  WHICH
PROFESSIONAL SERVICES WILL BE PROVIDED BY SUCH ENTITY; INCLUDES A STATE-
MENT  THAT,  UNLESS  OTHERWISE  AUTHORIZED BY LAW, THE ENTITY SHALL ONLY
PROVIDE PROFESSIONAL SERVICES AUTHORIZED UNDER THIS SECTION; INCLUDES  A
STATEMENT  THAT ONLY A LICENSED PROFESSIONAL, A PERSON OTHERWISE AUTHOR-
IZED TO PROVIDE SUCH SERVICES, OR A PROFESSIONAL  ENTITY  AUTHORIZED  BY
LAW TO PROVIDE SUCH SERVICES SHALL PROVIDE SUCH PROFESSIONAL SERVICES AS
AUTHORIZED  UNDER THIS SECTION; AND ATTESTS TO THE ADEQUACY OF THE ENTI-
TY'S FISCAL AND FINANCIAL RESOURCES TO PROVIDE SUCH SERVICES.
  SUCH APPLICATION SHALL ALSO INCLUDE ANY OTHER INFORMATION  RELATED  TO
THE APPLICATION AS MAY BE REQUIRED BY THE DEPARTMENT.
  F.  EACH OFFICER AND DIRECTOR OF SUCH ENTITY SHALL PROVIDE AN ATTESTA-
TION REGARDING HIS OR HER GOOD MORAL CHARACTER AS REQUIRED  PURSUANT  TO

A. 8897--A                          3

PARAGRAPH  H  OF  THIS  SUBDIVISION.  SUCH STATEMENT SHALL SET FORTH ANY
CRIMINAL  CONVICTIONS,  PENDING  CRIMINAL  CHARGES,  DETERMINATIONS   OF
PROFESSIONAL  MISCONDUCT, PENDING CHARGES OF PROFESSIONAL MISCONDUCT, OR
ANY  LIMITATIONS  ON  PROFESSIONAL  PRACTICE.  THE COMMISSIONER SHALL BE
FURTHER AUTHORIZED TO PROMULGATE RULES OR REGULATIONS  RELATING  TO  THE
STANDARDS  OF  THE  WAIVER  FOR  ENTITIES PURSUANT TO THIS SECTION. SUCH
REGULATIONS SHALL INCLUDE STANDARDS RELATING TO THE ENTITY'S ABILITY  TO
PROVIDE  SERVICES,  THE  ENTITY'S  MAINTENANCE  OF  PATIENT AND BUSINESS
RECORDS, THE ENTITY'S FISCAL POLICIES, AND SUCH OTHER STANDARDS  AS  MAY
BE PRESCRIBED BY THE COMMISSIONER.
  G.  THE  ENTITY  OPERATING PURSUANT TO A WAIVER SHALL DISPLAY, AT EACH
SITE WHERE PROFESSIONAL SERVICES ARE PROVIDED TO THE PUBLIC,  A  CERTIF-
ICATE  OF SUCH WAIVER ISSUED BY THE DEPARTMENT PURSUANT TO THIS SECTION,
WHICH SHALL CONTAIN THE NAME OF THE ENTITY AND THE ADDRESS OF THE  SITE.
SUCH  ENTITIES  SHALL OBTAIN FROM THE DEPARTMENT ADDITIONAL CERTIFICATES
FOR EACH SITE AT WHICH PROFESSIONAL SERVICES ARE PROVIDED TO THE PUBLIC.
EACH ENTITY SHALL BE REQUIRED TO  RE-APPLY  FOR  A  WAIVER  EVERY  THREE
YEARS. IF ANY INFORMATION SUPPLIED TO THE DEPARTMENT REGARDING THE ENTI-
TY  SHALL  CHANGE,  THE ENTITY SHALL BE REQUIRED TO PROVIDE SUCH UPDATED
INFORMATION TO THE DEPARTMENT WITHIN SIXTY DAYS.
  H. ENTITIES OPERATING UNDER A WAIVER PURSUANT TO THIS SECTION SHALL BE
UNDER THE SUPERVISION OF THE REGENTS AND SHALL BE SUBJECT  TO  DISCIPLI-
NARY  PROCEEDINGS  AND PENALTIES. THE WAIVERS FOR SUCH ENTITIES SHALL BE
SUBJECT TO SUSPENSION, REVOCATION OR ANNULMENT FOR  CAUSE  IN  THE  SAME
MANNER  AND  TO THE SAME EXTENT AS INDIVIDUALS AND PROFESSIONAL SERVICES
CORPORATIONS WITH RESPECT TO THEIR LICENSES, CERTIFICATES, AND REGISTRA-
TIONS, AS APPLICABLE, AS PROVIDED IN THIS TITLE RELATING TO THE APPLICA-
BLE PROFESSION. ALL OFFICERS AND DIRECTORS OF SUCH ENTITIES SHALL BE  OF
GOOD  MORAL CHARACTER. ENTITIES OPERATING PURSUANT TO A WAIVER AND THEIR
OFFICERS AND DIRECTORS SHALL BE ENTITLED TO THE SAME DUE PROCESS  PROCE-
DURES  AS  ARE  PROVIDED  TO  SUCH INDIVIDUALS AND PROFESSIONAL SERVICES
CORPORATIONS. NO WAIVER ISSUED UNDER THIS SECTION SHALL BE  TRANSFERABLE
OR  ASSIGNABLE,  AS  SUCH  TERMS  ARE  DEFINED IN THE REGULATIONS OF THE
COMMISSIONER.
  I. AN ENTITY OPERATING PURSUANT TO A WAIVER  SHALL  NOT  PRACTICE  ANY
PROFESSION  LICENSED  PURSUANT  TO  THIS TITLE OR HOLD ITSELF OUT TO THE
PUBLIC AS AUTHORIZED TO PROVIDE PROFESSIONAL SERVICES PURSUANT  TO  THIS
TITLE  EXCEPT AS SPECIFICALLY AUTHORIZED BY THIS SECTION OR AS OTHERWISE
AUTHORIZED BY LAW.
  2. NO WAIVER PURSUANT TO THIS SECTION SHALL BE REQUIRED OF:
  A. ANY ENTITY OPERATED UNDER AN  OPERATING  CERTIFICATE  APPROPRIATELY
ISSUED  IN ACCORDANCE WITH ARTICLE SIXTEEN, THIRTY-ONE, OR THIRTY-TWO OF
THE MENTAL HYGIENE LAW, ARTICLE TWENTY-EIGHT OF THE PUBLIC  HEALTH  LAW,
OR  COMPARABLE  PROCEDURES  BY A NEW YORK STATE OR FEDERAL AGENCY, POLI-
TICAL SUBDIVISION, MUNICIPAL CORPORATION, OR LOCAL GOVERNMENT AGENCY  OR
UNIT,  IN  ACCORDANCE  WITH THE SCOPE OF THE AUTHORITY OF SUCH OPERATING
CERTIFICATE; OR
  B. A UNIVERSITY FACULTY PRACTICE CORPORATION DULY INCORPORATED  PURSU-
ANT TO THE NOT-FOR-PROFIT CORPORATION LAW; OR
  C.  AN INSTITUTION OF HIGHER EDUCATION AUTHORIZED TO PROVIDE A PROGRAM
LEADING TO LICENSURE IN A PROFESSION DEFINED UNDER ARTICLE  ONE  HUNDRED
THIRTY-ONE,  ONE  HUNDRED  THIRTY-NINE,  ONE  HUNDRED  FIFTY-THREE,  ONE
HUNDRED FIFTY-FOUR OR ONE HUNDRED SIXTY-THREE  OF  THIS  TITLE,  TO  THE
EXTENT  THAT  THE  SCOPE  OF  SUCH  SERVICES  IS LIMITED TO THE SERVICES
AUTHORIZED TO BE PROVIDED WITHIN SUCH REGISTERED PROGRAM; OR

A. 8897--A                          4

  D. AN INSTITUTION OF HIGHER EDUCATION PROVIDING COUNSELING ONLY TO THE
STUDENTS, STAFF, OR FAMILY MEMBERS OF STUDENTS AND STAFF OF SUCH  INSTI-
TUTION; OR
  E.  ANY  OTHER  ENTITY  AS  MAY  BE  DEFINED IN THE REGULATIONS OF THE
COMMISSIONER, PROVIDED THAT  SUCH  ENTITY  IS  OTHERWISE  AUTHORIZED  TO
PROVIDE  SUCH  SERVICES  PURSUANT  TO  LAW  AND  ONLY TO THE EXTENT SUCH
SERVICES ARE AUTHORIZED UNDER ANY CERTIFICATES OF INCORPORATION OR  SUCH
OTHER ORGANIZING DOCUMENTS AS MAY BE APPLICABLE.
  3.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE AUTHORITY
OF ANOTHER STATE AGENCY TO CERTIFY, LICENSE OR  OTHERWISE  AUTHORIZE  AN
ENTITY  APPLYING  FOR  A  WAIVER PURSUANT TO THIS SECTION, IF SUCH STATE
AGENCY IS OTHERWISE AUTHORIZED UNDER ANOTHER PROVISION OF LAW TO  CERTI-
FY,  LICENSE OR AUTHORIZE SUCH AN ENTITY, NOR SHALL A WAIVER PURSUANT TO
THIS SECTION BE CONSTRUED TO PROVIDE AN EXEMPTION OF  SUCH  ENTITY  FROM
ANY  CERTIFICATION,  LICENSURE OR ANY OTHER SUCH REQUIREMENT ESTABLISHED
UNDER ANY OTHER PROVISION OF LAW. IF A STATE AGENCY DETERMINES THAT SUCH
CERTIFICATION, LICENSURE OR OTHER AUTHORIZATION IS  REQUIRED,  A  WAIVER
PURSUANT  TO  THIS  SECTION  SHALL  NOT INDEPENDENTLY HAVE THE EFFECT OF
AUTHORIZING THE PROVISION OF PROFESSIONAL SERVICES UNDER  THE  JURISDIC-
TION  OF SUCH AGENCY IN THE ABSENCE OF CERTIFICATION, LICENSURE OR OTHER
AUTHORIZATION FROM SUCH AGENCY, AND THE DEPARTMENT  SHALL  CONSULT  WITH
SUCH  AGENCY REGARDING THE NEED FOR LICENSURE, CERTIFICATION OR AUTHORI-
ZATION TO THE EXTENT REQUIRED IN THE REGULATIONS OF THE COMMISSIONER. IN
DETERMINING AN APPLICATION FOR A WAIVER PURSUANT TO  THIS  SECTION,  THE
DEPARTMENT  SHALL  CONSIDER AS A FACTOR IN SUCH DETERMINATION ANY DENIAL
OF AN OPERATING CERTIFICATE OR OTHER AUTHORITY TO PROVIDE  THE  SERVICES
AUTHORIZED PURSUANT TO THIS SECTION BY A NEW YORK STATE OR FEDERAL AGEN-
CY,  POLITICAL  SUBDIVISION,  MUNICIPAL CORPORATION, OR LOCAL GOVERNMENT
AGENCY OR UNIT.
  4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT  THE  AUTHORITY
OF  THE  FOLLOWING  ENTITIES  TO  PROVIDE PROFESSIONAL SERVICES THEY ARE
AUTHORIZED BY LAW TO PROVIDE:
  A. ANY APPROPRIATELY ORGANIZED PROFESSIONAL ENTITY, INCLUDING, BUT NOT
LIMITED TO, THOSE ESTABLISHED UNDER THE BUSINESS  CORPORATION  LAW,  THE
LIMITED LIABILITY COMPANY LAW OR THE PARTNERSHIP LAW; OR
  B.  ANY  ENTITY  OPERATED BY A NEW YORK STATE OR FEDERAL AGENCY, POLI-
TICAL SUBDIVISION, MUNICIPAL CORPORATION, OR LOCAL GOVERNMENT AGENCY  OR
UNIT  PURSUANT TO AUTHORITY GRANTED BY LAW, INCLUDING BUT NOT LIMITED TO
ANY ENTITY OPERATED BY THE OFFICE OF MENTAL HEALTH, THE OFFICE OF MENTAL
RETARDATION AND DEVELOPMENTAL DISABILITIES, OR THE OFFICE OF  ALCOHOLISM
AND  SUBSTANCE  ABUSE SERVICES UNDER ARTICLES SEVEN, THIRTEEN, AND NINE-
TEEN OF THE MENTAL HYGIENE LAW, RESPECTIVELY.
  5. FOR THE PURPOSES OF THIS SECTION, "PROFESSIONAL ENTITY" SHALL  MEAN
AND INCLUDE SOLE PROPRIETORSHIPS AND ANY PROFESSIONAL SERVICES ORGANIZA-
TION ESTABLISHED PURSUANT TO ARTICLE FIFTEEN OF THE BUSINESS CORPORATION
LAW, ARTICLE TWELVE OF THE LIMITED LIABILITY COMPANY LAW AND SECTION TWO
AND ARTICLE EIGHT-B OF THE PARTNERSHIP LAW.
  S  2.  Section  6527  of  the education law is amended by adding a new
subdivision 8 to read as follows:
  8. NOTHING IN THIS ARTICLE SHALL PROHIBIT THE PROVISION OF PSYCHOTHER-
APY AS DEFINED IN SUBDIVISION TWO OF SECTION EIGHTY-FOUR HUNDRED ONE  OF
THIS  TITLE  TO  THE  EXTENT PERMISSIBLE WITHIN THE SCOPE OF PRACTICE OF
MEDICINE, BY ANY NOT-FOR-PROFIT  CORPORATION  OR  EDUCATION  CORPORATION
PROVIDING  SERVICES  WITHIN  THE STATE OF NEW YORK AND OPERATING UNDER A
WAIVER PURSUANT TO SECTION SIXTY-FIVE HUNDRED  THREE-A  OF  THIS  TITLE,
PROVIDED  THAT  SUCH ENTITIES OFFERING SUCH PSYCHOTHERAPY SERVICES SHALL

A. 8897--A                          5

ONLY PROVIDE SUCH SERVICES THROUGH AN INDIVIDUAL APPROPRIATELY  LICENSED
OR OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES OR A PROFESSIONAL ENTI-
TY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES.
  S  3. Subdivision 1 of section 6908 of the education law is amended by
adding a new paragraph h to read as follows:
  H. AS PROHIBITING THE PROVISION OF PSYCHOTHERAPY AS DEFINED IN  SUBDI-
VISION  TWO  OF  SECTION  EIGHTY-FOUR  HUNDRED  ONE OF THIS TITLE TO THE
EXTENT PERMISSIBLE WITHIN THE SCOPE OF PRACTICE OF NURSING AS DEFINED IN
THIS TITLE, BY ANY NOT-FOR-PROFIT CORPORATION OR  EDUCATION  CORPORATION
PROVIDING  SERVICES WITHIN THE STATE AND OPERATING UNDER A WAIVER PURSU-
ANT TO SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS TITLE,  PROVIDED  THAT
SUCH  ENTITIES  OFFERING  SUCH PSYCHOTHERAPY SERVICES SHALL ONLY PROVIDE
SUCH SERVICES THROUGH AN INDIVIDUAL APPROPRIATELY LICENSED OR  OTHERWISE
AUTHORIZED  TO PROVIDE SUCH SERVICES OR A PROFESSIONAL ENTITY AUTHORIZED
BY LAW TO PROVIDE SUCH SERVICES.
  S 4. Section 7605 of the education law is  amended  by  adding  a  new
subdivision 9 to read as follows:
  9.  THE  PROVISION  OF  PSYCHOTHERAPY AS DEFINED IN SUBDIVISION TWO OF
SECTION EIGHTY-FOUR HUNDRED ONE OF THIS TITLE TO THE EXTENT  PERMISSIBLE
WITHIN THE SCOPE OF PRACTICE OF PSYCHOLOGY, BY ANY NOT-FOR-PROFIT CORPO-
RATION  OR  EDUCATION CORPORATION PROVIDING SERVICES WITHIN THE STATE OF
NEW YORK AND OPERATING UNDER A WAIVER  PURSUANT  TO  SECTION  SIXTY-FIVE
HUNDRED  THREE-A  OF  THIS  TITLE,  PROVIDED THAT SUCH ENTITIES OFFERING
PSYCHOLOGY SERVICES SHALL ONLY PROVIDE SUCH SERVICES THROUGH AN INDIVID-
UAL APPROPRIATELY LICENSED  OR  OTHERWISE  AUTHORIZED  TO  PROVIDE  SUCH
SERVICES  OR  A  PROFESSIONAL  ENTITY  AUTHORIZED BY LAW TO PROVIDE SUCH
SERVICES.
  S 5. Section 7706 of the education law is  amended  by  adding  a  new
subdivision 6 to read as follows:
  6.  PROHIBIT  THE  PRACTICE OF LICENSED MASTER SOCIAL WORK OR LICENSED
CLINICAL SOCIAL WORK, TO THE EXTENT  PERMISSIBLE  WITHIN  THE  SCOPE  OF
PRACTICE  OF  SUCH  PROFESSIONS,  BY  ANY  NOT-FOR-PROFIT CORPORATION OR
EDUCATION CORPORATION PROVIDING SERVICES WITHIN THE STATE  OF  NEW  YORK
AND  OPERATING  UNDER  A  WAIVER  PURSUANT TO SECTION SIXTY-FIVE HUNDRED
THREE-A OF THIS TITLE, PROVIDED THAT  SUCH  ENTITIES  OFFERING  LICENSED
MASTER  SOCIAL WORK OR LICENSED CLINICAL SOCIAL WORK SERVICES SHALL ONLY
PROVIDE SUCH SERVICES THROUGH AN INDIVIDUAL  APPROPRIATELY  LICENSED  OR
OTHERWISE  AUTHORIZED  TO PROVIDE SUCH SERVICES OR A PROFESSIONAL ENTITY
AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES.
  S 6. Section 8410 of the education law is  amended  by  adding  a  new
subdivision 7 to read as follows:
  7.  PROHIBIT  THE  PRACTICE  OF MENTAL HEALTH COUNSELING, MARRIAGE AND
FAMILY THERAPY, CREATIVE ARTS THERAPY OR PSYCHOANALYSIS, TO  THE  EXTENT
PERMISSIBLE  WITHIN  THE  SCOPE  OF PRACTICE OF SUCH PROFESSIONS, BY ANY
NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION  PROVIDING  SERVICES
WITHIN  THE  STATE  OF NEW YORK AND OPERATING UNDER A WAIVER PURSUANT TO
SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS  TITLE,  PROVIDED  THAT  SUCH
ENTITIES OFFERING MENTAL HEALTH COUNSELING, MARRIAGE AND FAMILY THERAPY,
CREATIVE ARTS THERAPY OR PSYCHOANALYSIS SERVICES SHALL ONLY PROVIDE SUCH
SERVICES  THROUGH  AN  INDIVIDUAL  APPROPRIATELY  LICENSED  OR OTHERWISE
AUTHORIZED TO PROVIDE SUCH SERVICES OR A PROFESSIONAL ENTITY  AUTHORIZED
BY LAW TO PROVIDE SUCH SERVICES.
  S  7.  Subdivision 3 of section 7603 of the education law, as added by
chapter 987 of the laws of 1971, is amended to read as follows:
  (3) Experience: have two years of supervised employment or  engagement
in  appropriate  psychology  activities satisfactory to the board and in

A. 8897--A                          6

accordance with the commissioner's regulations. SATISFACTORY  EXPERIENCE
OBTAINED  IN  AN  ENTITY  OPERATING  PURSUANT  TO A WAIVER ISSUED BY THE
DEPARTMENT PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS  TITLE
MAY  BE ACCEPTED BY THE DEPARTMENT, NOTWITHSTANDING THAT SUCH EXPERIENCE
MAY HAVE BEEN OBTAINED PRIOR TO  THE  EFFECTIVE  DATE  OF  SUCH  SECTION
SIXTY-FIVE  HUNDRED THREE-A AND/OR PRIOR TO THE ENTITY HAVING OBTAINED A
WAIVER. THE DEPARTMENT MAY, FOR GOOD CAUSE  SHOWN,  ACCEPT  SATISFACTORY
EXPERIENCE  THAT WAS OBTAINED IN A SETTING THAT WOULD HAVE BEEN ELIGIBLE
FOR A WAIVER BUT WHICH HAS NOT OBTAINED A WAIVER WITH THE DEPARTMENT  OR
EXPERIENCE  THAT  WAS  OBTAINED IN GOOD FAITH BY THE APPLICANT UNDER THE
BELIEF THAT APPROPRIATE AUTHORIZATION HAD BEEN OBTAINED FOR THE  EXPERI-
ENCE,  PROVIDED  THAT  SUCH  EXPERIENCE MEETS ALL OTHER REQUIREMENTS FOR
ACCEPTABLE EXPERIENCE;
  S 8. Paragraph (c) of subdivision 2 of section 7704 of  the  education
law,  as  amended by chapter 230 of the laws of 2004, is amended to read
as follows:
  (c) Experience: have at least three years full-time  supervised  post-
graduate  clinical  social  work experience in diagnosis, psychotherapy,
and assessment-based  treatment  plans,  or  its  part-time  equivalent,
obtained  over  a  continuous  period not to exceed six years, under the
supervision, satisfactory  to  the  department,  of  a  psychiatrist,  a
licensed psychologist, or a licensed clinical social worker in a facili-
ty  setting  or  other  supervised  settings approved by the department.
SATISFACTORY EXPERIENCE OBTAINED IN AN ENTITY OPERATING UNDER  A  WAIVER
ISSUED  BY THE DEPARTMENT PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A
OF THIS TITLE MAY BE ACCEPTED BY THE  DEPARTMENT,  NOTWITHSTANDING  THAT
SUCH  EXPERIENCE  MAY  HAVE BEEN OBTAINED PRIOR TO THE EFFECTIVE DATE OF
SUCH SECTION SIXTY-FIVE HUNDRED  THREE-A  AND/OR  PRIOR  TO  THE  ENTITY
HAVING  OBTAINED  A  WAIVER.  THE  DEPARTMENT MAY, FOR GOOD CAUSE SHOWN,
ACCEPT SATISFACTORY EXPERIENCE THAT WAS OBTAINED IN A SETTING THAT WOULD
HAVE BEEN ELIGIBLE FOR A WAIVER BUT WHICH HAS NOT OBTAINED A WAIVER FROM
THE DEPARTMENT OR EXPERIENCE THAT WAS OBTAINED  IN  GOOD  FAITH  BY  THE
APPLICANT  UNDER  THE  BELIEF  THAT  APPROPRIATE  AUTHORIZATION HAD BEEN
OBTAINED FOR THE EXPERIENCE, PROVIDED THAT  SUCH  EXPERIENCE  MEETS  ALL
OTHER REQUIREMENTS FOR ACCEPTABLE EXPERIENCE;
  S  9.  Paragraph (c) of subdivision 3 of section 8402 of the education
law, as added by chapter 676 of the laws of 2002, is amended to read  as
follows:
  (c)  Experience:  An applicant shall complete a minimum of three thou-
sand hours of post-master's supervised experience relevant to the  prac-
tice  of  mental  health  counseling  satisfactory  to  the board and in
accordance with the commissioner's regulations. SATISFACTORY  EXPERIENCE
OBTAINED  IN AN ENTITY OPERATING UNDER A WAIVER ISSUED BY THE DEPARTMENT
PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A  OF  THIS  TITLE  MAY  BE
ACCEPTED  BY  THE  DEPARTMENT,  NOTWITHSTANDING THAT SUCH EXPERIENCE MAY
HAVE  BEEN  OBTAINED  PRIOR  TO  THE  EFFECTIVE  DATE  OF  SUCH  SECTION
SIXTY-FIVE  HUNDRED THREE-A AND/OR PRIOR TO THE ENTITY HAVING OBTAINED A
WAIVER. THE DEPARTMENT MAY, FOR GOOD CAUSE  SHOWN,  ACCEPT  SATISFACTORY
EXPERIENCE  THAT WAS OBTAINED IN A SETTING THAT WOULD HAVE BEEN ELIGIBLE
FOR A WAIVER BUT WHICH HAS NOT OBTAINED A WAIVER FROM THE DEPARTMENT  OR
EXPERIENCE  THAT  WAS  OBTAINED IN GOOD FAITH BY THE APPLICANT UNDER THE
BELIEF THAT APPROPRIATE AUTHORIZATION HAD BEEN OBTAINED FOR THE  EXPERI-
ENCE,  PROVIDED  THAT  SUCH  EXPERIENCE MEETS ALL OTHER REQUIREMENTS FOR
ACCEPTABLE EXPERIENCE;

A. 8897--A                          7

  S 10. Paragraph (c) of subdivision 3 of section 8403 of the  education
law,  as added by chapter 676 of the laws of 2002, is amended to read as
follows:
  (c)  Experience:  The completion of at least one thousand five hundred
client contact hours of supervised clinical experience, by persons hold-
ing a degree from a master's or doctoral  program,  or  the  substantial
equivalent,  in  accordance  with  the commissioner's regulations or the
completion of at least one thousand five hundred client hours of  super-
vised  post-master's  clinical experience in marriage and family therapy
satisfactory to the department in  accordance  with  the  commissioner's
regulations.  SATISFACTORY  EXPERIENCE  OBTAINED  IN AN ENTITY OPERATING
UNDER A WAIVER ISSUED BY THE DEPARTMENT PURSUANT TO  SECTION  SIXTY-FIVE
HUNDRED  THREE-A  OF  THIS  TITLE  MAY  BE  ACCEPTED  BY THE DEPARTMENT,
NOTWITHSTANDING THAT SUCH EXPERIENCE MAY HAVE BEEN OBTAINED PRIOR TO THE
EFFECTIVE DATE OF SUCH SECTION SIXTY-FIVE HUNDRED THREE-A  AND/OR  PRIOR
TO  THE  ENTITY  HAVING  OBTAINED A WAIVER. THE DEPARTMENT MAY, FOR GOOD
CAUSE SHOWN, ACCEPT SATISFACTORY  EXPERIENCE  THAT  WAS  OBTAINED  IN  A
SETTING  THAT  WOULD  HAVE  BEEN ELIGIBLE FOR A WAIVER BUT WHICH HAS NOT
OBTAINED A WAIVER FROM THE DEPARTMENT OR EXPERIENCE THAT WAS OBTAINED IN
GOOD FAITH BY THE APPLICANT UNDER THE BELIEF THAT  APPROPRIATE  AUTHORI-
ZATION  HAD BEEN OBTAINED FOR THE EXPERIENCE, PROVIDED THAT SUCH EXPERI-
ENCE MEETS ALL OTHER REQUIREMENTS FOR ACCEPTABLE EXPERIENCE;
  S 11. Paragraph (c) of subdivision 3 of section 8404 of the  education
law,  as added by chapter 676 of the laws of 2002, is amended to read as
follows:
  (c) Experience: Have completed at least fifteen hundred hours of post-
master's supervised experience in one or more  creative  arts  therapies
satisfactory to the department and in accordance with the commissioner's
regulations.  SATISFACTORY  EXPERIENCE  OBTAINED  IN AN ENTITY OPERATING
UNDER A WAIVER ISSUED BY THE DEPARTMENT PURSUANT TO  SECTION  SIXTY-FIVE
HUNDRED  THREE-A  OF  THIS  TITLE  MAY  BE  ACCEPTED  BY THE DEPARTMENT,
NOTWITHSTANDING THAT SUCH EXPERIENCE MAY HAVE BEEN OBTAINED PRIOR TO THE
EFFECTIVE DATE OF SUCH SECTION SIXTY-FIVE HUNDRED THREE-A  AND/OR  PRIOR
TO  THE  ENTITY  HAVING  OBTAINED A WAIVER. THE DEPARTMENT MAY, FOR GOOD
CAUSE SHOWN, ACCEPT SATISFACTORY  EXPERIENCE  THAT  WAS  OBTAINED  IN  A
SETTING  THAT  WOULD  HAVE  BEEN ELIGIBLE FOR A WAIVER BUT WHICH HAS NOT
OBTAINED A WAIVER FROM THE DEPARTMENT OR EXPERIENCE THAT WAS OBTAINED IN
GOOD FAITH BY THE APPLICANT UNDER THE BELIEF THAT  APPROPRIATE  AUTHORI-
ZATION  HAD BEEN OBTAINED FOR THE EXPERIENCE, PROVIDED THAT SUCH EXPERI-
ENCE MEETS ALL OTHER REQUIREMENTS FOR ACCEPTABLE EXPERIENCE;
  S 12. Paragraph (c) of subdivision 3 of section 8405 of the  education
law,  as added by chapter 676 of the laws of 2002, is amended to read as
follows:
  (c) Experience: Have completed a minimum of fifteen hundred  hours  of
supervised  clinical  practice  satisfactory  to  the  department and in
accordance with the commissioner's regulations. SATISFACTORY  EXPERIENCE
OBTAINED  IN AN ENTITY OPERATING UNDER A WAIVER ISSUED BY THE DEPARTMENT
PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A  OF  THIS  TITLE  MAY  BE
ACCEPTED  BY  THE  DEPARTMENT,  NOTWITHSTANDING THAT SUCH EXPERIENCE MAY
HAVE  BEEN  OBTAINED  PRIOR  TO  THE  EFFECTIVE  DATE  OF  SUCH  SECTION
SIXTY-FIVE  HUNDRED THREE-A AND/OR PRIOR TO THE ENTITY HAVING OBTAINED A
WAIVER. THE DEPARTMENT MAY, FOR GOOD CAUSE  SHOWN,  ACCEPT  SATISFACTORY
EXPERIENCE  THAT WAS OBTAINED IN A SETTING THAT WOULD HAVE BEEN ELIGIBLE
FOR A WAIVER BUT WHICH HAS NOT OBTAINED A WAIVER FROM THE DEPARTMENT  OR
EXPERIENCE  THAT  WAS  OBTAINED IN GOOD FAITH BY THE APPLICANT UNDER THE
BELIEF THAT APPROPRIATE AUTHORIZATION HAD BEEN OBTAINED FOR THE  EXPERI-

A. 8897--A                          8

ENCE,  PROVIDED  THAT  SUCH  EXPERIENCE MEETS ALL OTHER REQUIREMENTS FOR
ACCEPTABLE EXPERIENCE;
  S 13. Section 9 of chapter 420 of the laws of 2002 amending the educa-
tion  law  relating  to  the  profession  of  social work, as amended by
section 1 of part II of chapter 57 of the laws of 2009,  is  amended  to
read as follows:
  S  9.  Nothing  in  this act shall prohibit or limit the activities or
services on the part of any person in the employ of a program or service
operated, regulated, funded, or approved by  the  department  of  mental
hygiene [or], the office of children and family services, THE DEPARTMENT
OF CORRECTIONAL SERVICES, THE STATE OFFICE FOR THE AGING, THE DEPARTMENT
OF HEALTH, or a local governmental unit as that term is defined in arti-
cle  41  of  the  mental  hygiene  law  or a social services district as
defined in section 61 of the social  services  law,  provided,  however,
this  section shall not authorize the use of any title authorized pursu-
ant to article 154 of the education law, except that this section  shall
be  deemed  repealed on [June 1, 2010]  JULY 1, 2013; PROVIDED, FURTHER,
HOWEVER, THAT ON OR BEFORE JULY 1, 2011, EACH SUCH STATE  AGENCY,  LOCAL
GOVERNMENTAL  UNIT, AND SOCIAL SERVICES DISTRICT, EITHER INDIVIDUALLY OR
ON A GROUP BASIS, SHALL SUBMIT TO THE COMMISSIONER OF EDUCATION A REPORT
ON THE UTILIZATION OF  PERSONNEL  SUBJECT  TO  THE  PROVISIONS  OF  THIS
SECTION. SUCH REPORT SHALL INCLUDE BUT NOT BE LIMITED TO: IDENTIFICATION
OF TASKS AND ACTIVITIES PERFORMED BY SUCH PERSONNEL CATEGORIZED AS TASKS
AND  FUNCTIONS  RESTRICTED TO LICENSED PERSONNEL AND TASKS AND FUNCTIONS
THAT DO NOT REQUIRE A LICENSE UNDER ARTICLE 154 OF  THE  EDUCATION  LAW;
ANALYSIS  OF COSTS ASSOCIATED WITH EMPLOYING ONLY APPROPRIATELY LICENSED
OR OTHERWISE AUTHORIZED PERSONNEL TO PERFORM TASKS  AND  FUNCTIONS  THAT
REQUIRE  LICENSURE  UNDER  SUCH  ARTICLE 154, INCLUDING SALARY COSTS AND
COSTS ASSOCIATED WITH  PROVIDING  SUPPORT  TO  UNLICENSED  PERSONNEL  IN
OBTAINING  APPROPRIATE  LICENSURE.  SUCH  REPORT  SHALL  ALSO INCLUDE AN
ACTION PLAN DETAILING MEASURES THROUGH WHICH EACH SUCH ENTITY SHALL,  NO
LATER  THAN  JULY  1, 2013, EMPLOY ONLY LICENSED OR OTHERWISE AUTHORIZED
PERSONNEL TO PERFORM TASKS AND FUNCTIONS REQUIRING LICENSURE, AND  SHALL
INCLUDE  PLANS  TO  ASSIST  THE  ENTITY'S  EMPLOYEES TO BECOME LICENSED,
RECOMMENDATIONS ON ALTERNATIVE PATHWAYS  TOWARD  LICENSURE,  INFORMATION
RELATED TO REASSIGNMENT, REAPPOINTMENT, TRANSFER, OR RECLASSIFICATION OF
PERSONNEL,  AND  ANY OTHER SUCH SUPPORT NECESSARY TO ENSURE AN APPROPRI-
ATELY LICENSED WORKFORCE. THE COMMISSIONER  OF  EDUCATION  SHALL,  AFTER
CONSULTATION WITH STATE AGENCIES, NOT-FOR-PROFIT PROVIDERS, PROFESSIONAL
ASSOCIATIONS,  CONSUMERS, AND OTHER KEY STAKEHOLDERS, SUBMIT A REPORT TO
THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE,  AND
THE  CHAIRS  OF  THE SENATE AND ASSEMBLY EDUCATION COMMITTEES BY JULY 1,
2012 TO RECOMMEND ANY AMENDMENTS TO LAW, RULE OR REGULATION NECESSARY TO
FULLY IMPLEMENT THE REQUIREMENTS FOR LICENSURE BY JULY 1, 2013.
  S 14. Section 17-a of chapter 676 of the laws  of  2002  amending  the
education  law  relating  to  the  practice of psychology, as amended by
section 2 of part II of chapter 57 of the laws of 2009,  is  amended  to
read as follows:
  S  17-a.  [Nothing] A. IN RELATION TO ACTIVITIES AND SERVICES PROVIDED
UNDER ARTICLE 153 OF THE  EDUCATION  LAW,  NOTHING  in  this  act  shall
prohibit  or  limit [the] SUCH activities or services on the part of any
person in the employ of a program or service operated, regulated,  fund-
ed,  or  approved  by  the department of mental hygiene or the office of
children and family services, or a local governmental unit as that  term
is  defined in article 41 of the mental hygiene law or a social services
district as defined in section 61 of the social services law[, provided,

A. 8897--A                          9

however, this section shall not authorize the use of any  title  author-
ized  pursuant  to  article  153  or 163 of the education law, except as
otherwise provided by such articles, except that this section  shall  be
deemed repealed on June 1, 2010]. IN RELATION TO ACTIVITIES AND SERVICES
PROVIDED  UNDER  ARTICLE  163  OF THE EDUCATION LAW, NOTHING IN THIS ACT
SHALL PROHIBIT OR LIMIT SUCH ACTIVITIES OR SERVICES ON THE PART  OF  ANY
PERSON  IN THE EMPLOY OF A PROGRAM OR SERVICE OPERATED, REGULATED, FUND-
ED, OR APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES, THE DEPARTMENT OF CORRECTIONAL  SERVICES,  THE
STATE  OFFICE  FOR  THE  AGING  AND  THE DEPARTMENT OF HEALTH OR A LOCAL
GOVERNMENTAL UNIT AS THAT TERM IS DEFINED IN ARTICLE 41  OF  THE  MENTAL
HYGIENE  LAW  OR  A SOCIAL SERVICES DISTRICT AS DEFINED IN SECTION 61 OF
THE SOCIAL SERVICES LAW, PURSUANT TO  AUTHORITY  GRANTED  BY  LAW.  THIS
SECTION  SHALL NOT AUTHORIZE THE USE OF ANY TITLE AUTHORIZED PURSUANT TO
ARTICLE 153 OR 163 OF THE EDUCATION LAW BY  ANY  SUCH  EMPLOYED  PERSON,
EXCEPT AS OTHERWISE PROVIDED BY SUCH ARTICLES RESPECTIVELY.
  B. THIS SECTION SHALL BE DEEMED REPEALED JULY 1, 2013 PROVIDED, HOWEV-
ER,  THAT  ON  OR  BEFORE  JULY  1,  2011, EACH SUCH STATE AGENCY, LOCAL
GOVERNMENTAL UNIT, AND SOCIAL SERVICES DISTRICT, EITHER INDIVIDUALLY  OR
ON A GROUP BASIS, SHALL SUBMIT TO THE COMMISSIONER OF EDUCATION A REPORT
ON  THE  UTILIZATION  OF  PERSONNEL  SUBJECT  TO  THE PROVISIONS OF THIS
SECTION. SUCH REPORT SHALL INCLUDE BUT NOT BE LIMITED TO: IDENTIFICATION
OF TASKS AND ACTIVITIES PERFORMED BY SUCH PERSONNEL CATEGORIZED AS TASKS
AND FUNCTIONS RESTRICTED TO LICENSED PERSONNEL AND TASKS  AND  FUNCTIONS
THAT  DO NOT REQUIRE A LICENSE UNDER ARTICLE 153 OR 163 OF THE EDUCATION
LAW; ANALYSIS OF COSTS  ASSOCIATED  WITH  EMPLOYING  ONLY  APPROPRIATELY
LICENSED  OR  OTHERWISE  AUTHORIZED PERSONNEL TO PERFORM TASKS AND FUNC-
TIONS THAT REQUIRE LICENSURE UNDER SUCH ARTICLE 153  OR  163,  INCLUDING
SALARY  COSTS  AND COSTS ASSOCIATED WITH PROVIDING SUPPORT TO UNLICENSED
PERSONNEL IN OBTAINING APPROPRIATE LICENSURE.  SUCH  REPORT  SHALL  ALSO
INCLUDE AN ACTION PLAN DETAILING MEASURES THROUGH WHICH EACH SUCH ENTITY
SHALL,  NO  LATER  THAN  JULY 1, 2013, EMPLOY ONLY LICENSED OR OTHERWISE
AUTHORIZED PERSONNEL TO PERFORM TASKS AND FUNCTIONS REQUIRING LICENSURE,
AND SHALL INCLUDE PLANS TO  ASSIST  THE  ENTITY'S  EMPLOYEES  TO  BECOME
LICENSED,  RECOMMENDATIONS  ON  ALTERNATIVE  PATHWAYS  TOWARD LICENSURE,
INFORMATION RELATED TO REASSIGNMENT, REAPPOINTMENT, TRANSFER, OR RECLAS-
SIFICATION OF PERSONNEL, AND ANY OTHER SUCH SUPPORT NECESSARY TO  ENSURE
AN  APPROPRIATELY  LICENSED  WORKFORCE.  THE  COMMISSIONER  OF EDUCATION
SHALL, AFTER CONSULTATION WITH STATE AGENCIES, NOT-FOR-PROFIT PROVIDERS,
PROFESSIONAL ASSOCIATIONS, CONSUMERS, AND OTHER KEY STAKEHOLDERS, SUBMIT
A REPORT TO THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF  THE
SENATE,  AND  THE  CHAIRS  OF  THE  SENATE AND ASSEMBLY HIGHER EDUCATION
COMMITTEES BY JULY 1, 2012 TO RECOMMEND ANY AMENDMENTS TO LAW,  RULE  OR
REGULATION  NECESSARY  TO FULLY IMPLEMENT THE REQUIREMENTS FOR LICENSURE
BY JULY 1, 2013.
  S 15. This act shall take effect immediately; provided  that  if  this
act  shall  have  become a law after June 1, 2010, sections thirteen and
fourteen of this act shall take effect immediately and shall  be  deemed
to  have  been  in  full  force  and  effect  on and after June 1, 2010;
provided further that the amendments to section 9 of chapter 420 of  the
laws  of  2002  amending the education law relating to the profession of
social work made by section thirteen of this act  shall  repeal  on  the
same  date as such section repeals; provided further that the amendments
to section 17-a of chapter 676 of the laws of 2002 amending  the  educa-
tion law relating to the practice of psychology made by section fourteen
of this act shall repeal on the same date as such section repeals.

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Assembly Bill A8897

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Sponsored By

PRETLOW

Archive: Last Bill Status Via S5921 - Signed by Governor

Bill Amendments

co-Sponsors

David Gantt

Susan John

David Koon

Sam Hoyt

multi-Sponsors

George Latimer

Crystal Peoples-Stokes

Michelle Schimel

Harvey Weisenberg

2009-A8897 - Details

2009-A8897 - Summary

2009-A8897 - Sponsor Memo

2009-A8897 - Bill Text download pdf

co-Sponsors

David Gantt

Susan John

David Koon

Sam Hoyt

multi-Sponsors

George Latimer

Crystal Peoples-Stokes

Michelle Schimel

Harvey Weisenberg

2009-A8897A (ACTIVE) - Details

2009-A8897A (ACTIVE) - Summary

2009-A8897A (ACTIVE) - Sponsor Memo

2009-A8897A (ACTIVE) - Bill Text download pdf

Comments