S T A T E   O F   N E W   Y O R K
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                                  8212

                            I N  S E N A T E

                              June 16, 2010
                               ___________

Introduced  by  Sens.  STEWART-COUSINS,  MONTGOMERY  --  read  twice and
  ordered printed, and when printed to be committed to the Committee  on
  Rules

AN  ACT  to amend the education law, in relation to mandatory continuing
  education for social workers

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

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

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

                                                           LBD17591-03-0

S. 8212                             2

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

S. 8212                             3

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