S T A T E   O F   N E W   Y O R K
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    S. 4637--A                                            A. 6703--A

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             April 16, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Higher Educa-
  tion  --  reported  favorably from said committee and committed to the
  Committee on Finance -- committee discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

IN  ASSEMBLY -- Introduced by M. of A. PRETLOW -- 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  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10338-02-3
              

S. 4637--A                          2                         A. 6703--A

MENTS 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
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.
  (D) A LICENSED CLINICAL SOCIAL WORKER WHO IS ALSO LICENSED AND  REGIS-
TERED  TO PRACTICE AS A LICENSED MASTER SOCIAL WORKER IN THE SAME TRIEN-
NIAL REGISTRATION PERIOD, SHALL NOT BE REQUIRED TO  COMPLETE  MORE  THAN
THIRTY-SIX  HOURS  OF CONTINUING EDUCATION IN THE TRIENNIAL REGISTRATION
PERIOD, OR ONE HOUR PER MONTH FOR A REGISTRATION PERIOD OTHER THAN THIR-
TY-SIX MONTHS.
  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-SIX HOURS OF ACCEPTABLE FORMAL
CONTINUING EDUCATION. ANY LICENSED  MASTER  SOCIAL  WORKER  OR  LICENSED
CLINICAL  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 FIFTEEN,
SHALL COMPLETE CONTINUING EDUCATION HOURS ON A  PRORATED  BASIS  AT  THE
RATE  OF  ONE HOUR PER MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO
THOUSAND FIFTEEN UP TO THE FIRST REGISTRATION DATE THEREAFTER. A  LICEN-
SEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENT
SHALL  NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPART-
MENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL  REGISTRATION
IS ISSUED AS PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION. CONTINU-
ING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED TO
THE 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

S. 4637--A                          3                         A. 6703--A

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. CONTIN-
UING  EDUCATION  COURSES  MUST  BE  TAKEN  FROM  A PROVIDER WHO HAS BEEN
APPROVED BY THE DEPARTMENT, BASED UPON AN APPLICATION AND FEE,  PURSUANT
TO  THE  REGULATIONS  OF  THE  COMMISSIONER.  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  CONTINUING   EDUCATION
REQUIREMENT.  LICENSED MASTER SOCIAL WORKERS OR LICENSED CLINICAL SOCIAL
WORKERS  SHALL MAINTAIN ADEQUATE DOCUMENTATION OF COMPLETION OF ACCEPTA-
BLE 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.
  (C)  THE MANDATORY CONTINUING EDUCATION FEE SHALL BE DETERMINED BY THE
DEPARTMENT. 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, 2015; provided, however,
that effective immediately, the state education department is authorized
to take such steps in advance of  such  effective  date,  including  the
addition,  amendment  and/or repeal of any rule or regulations as may be
necessary, to ensure the timely implementation of the provisions of this
act on such effective date.