NY State Senate Bill 2021-S6378A

Archive: Last Bill Status - In Senate Committee Higher Education Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 11, 2022	print number 6378a
May 11, 2022	amend (t) and recommit to higher education
Jan 05, 2022	referred to higher education
Apr 26, 2021	referred to higher education

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S6378 - Details

See Assembly Version of this Bill:: A7409
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§7605, 7706 & 8410, Ed L
Versions Introduced in 2023-2024 Legislative Session:: S5774

2021-S6378 - Summary

Relates to the delivery of services that are clinical in nature by persons serving in programs under the jurisdiction of the department of mental hygiene, while under a level of supervision by a licensed professional as determined by the appropriate mental hygiene commissioner.

2021-S6378 - Sponsor Memo

                                
 
BILL NUMBER: S6378

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the education law, in relation to the effectiveness of
certain provisions relating to persons practicing in certain licensed
programs or services who are exempt from practice requirements of
professionals licensed by the department of education; to amend part Y
of chapter 57 of the laws of 2018, amending the education law relating
to persons practicing in certain licensed programs or services who are
exempt from practice requirements of professionals licensed by the
department of education, in relation to the effectiveness thereof; to
amend chapter 420 of the laws of 2002, amending the education law relat-
ing to the profession of social work, in relation to extending the expi-
ration of certain provisions thereof; to amend chapter 676 of the laws
of 2002, amending the education law relating to the practice of psychol-
ogy, in relation to extending the expiration of certain provisions; and
to amend chapter 130 of the laws of 2010, amending the education law and
other laws relating to the registration of entities providing certain
professional services and licensure of certain professions, in relation
to extending certain provisions thereof

 
PURPOSE:

Relates to the effectiveness of provisions relating to persons practic-
ing in certain licensed programs who are exempt from practice require-
ments of professionals licensed by the department of education

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivisions wild section 7605 of the education Loft as
added by section 2 of part y of chapter 57 of the laws of 2018.

Section 2 amends Subdivision 8 of section 7706 of the education law, as
added by section 4 of part y of chapter 57 of the laws of 2018.

Section 3 amends subdivision 9 of section 8410 of the education law, as
added by Section 5 of part y of chapter 57 of the laws of 2018.

Section 4 amends subdivision 2 of section 6 of part y of chapter 57 of
the laws of 2018 to provide that not later than one year and sixty days
from the adoption of the regulations required by the section, the execu-
tive agencies together shall issue a single report. Minimum requirements
of such a report is listed.

Section 5 amends subdivision a of section 9 of chapter 420 of the laws
of 2002 amending the law education law relating to the profession of
social work, as amended by Section 8 of part y of chapter 57 of the laws
of 2018.

Section 6 amends subdivision a of 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 9 of part y of chapter 57 of the laws
of 2018.

Section 7 amends section 16 of chapter 130 of the laws of 2010, amending
the education law and other laws relating to the regular registration of
entities providing certain Professional Services and the licensure of
certain professions, as amended by section 10 of part y of chapter 57 of
the laws of 2018

Section 8 States be effective date.

 
JUSTIFICATION:

The Joint Executive Agencies report that was promised to give clarity to
providers almost a year in advance of this sunset date, has not been
released. The current definitions are vague, and it is not widely under-
stood which activities qualify under this exemption. To avoid a
disruption of services and to ensure that providers have sufficient time
to make adjustments to their current practices, this bill seeks to
preserve the original time frame promised when the original law was
passed.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6378 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6378
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2021
                                ___________
 
 Introduced  by  Sens. HARCKHAM, BROUK -- read twice and ordered printed,
   and when printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education law, in relation to the  effectiveness  of
   certain  provisions relating to persons practicing in certain licensed
   programs or services who are  exempt  from  practice  requirements  of
   professionals licensed by the department of education; to amend part Y
   of chapter 57 of the laws of 2018, amending the education law relating
   to persons practicing in certain licensed programs or services who are
   exempt  from  practice  requirements  of professionals licensed by the
   department of education, in relation to the effectiveness thereof;  to
   amend  chapter  420  of  the  laws of 2002, amending the education law
   relating to the profession of social work, in  relation  to  extending
   the  expiration of certain provisions thereof; to amend chapter 676 of
   the laws of 2002, amending the education law relating to the  practice
   of  psychology,  in  relation  to  extending the expiration of certain
   provisions; and to amend chapter 130 of the laws of 2010, amending the
   education law and other laws relating to the registration of  entities
   providing  certain  professional  services  and  licensure  of certain
   professions, in relation to extending certain provisions thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 12 section 7605 of the education law, as added
 by section 2 of part Y of chapter 57 of the laws of 2018, is amended  to
 read as follows:
   12.  Notwithstanding any other provision of law to the contrary, noth-
 ing in this article shall be construed to prohibit or limit  the  activ-
 ities  or  services  provided  under  this  article by any person who is
 employed or who commences employment in a program or  service  operated,
 regulated,  funded, or approved by the department of mental hygiene, the
 office of children and family services, or a local governmental unit  as
 that  term  is  defined  in section 41.03 of the mental hygiene law or a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11070-01-1

 S. 6378                             2
 
 social services district as defined in section sixty-one of  the  social
 services  law on or before one year from the date that the [regulations]
 JOINT EXECUTIVE AGENCIES REPORT issued in  accordance  with  SUBDIVISION
 TWO OF section six of [the] PART Y OF chapter FIFTY-SEVEN of the laws of
 two  thousand eighteen which added this subdivision [appear in the state
 register or are adopted, whichever is later]. Such prohibitions or limi-
 tations shall not apply to such employees for as  long  as  they  remain
 employed  by  such programs or services and whether they remain employed
 by the same or other employers  providing  such  programs  or  services.
 Provided,  however,  that  any  person  who commences employment in such
 program or service after  such  date  and  performs  services  that  are
 restricted under this article shall be appropriately licensed or author-
 ized  under  this  article. Each state oversight agency shall create and
 maintain a process to verify employment history  of  individuals  exempt
 under this subdivision.
   §  2.  Subdivision 8 of section 7706 of the education law, as added by
 section 4 of part Y of chapter 57 of the laws of  2018,  is  amended  to
 read as follows:
   8. Notwithstanding any other provision of law to the contrary, nothing
 in  this  article shall be construed to prohibit or limit the activities
 or services provided under this article by any person who is employed or
 who commences employment in a program or  service  operated,  regulated,
 funded,  or  approved by the department of mental hygiene, the office of
 children and family services, the department of corrections and communi-
 ty supervision, the office of temporary and disability  assistance,  the
 state  office  for  the  aging  and  the department of health or a local
 governmental unit as that term is defined in section 41.03 of the mental
 hygiene law or a social services district as defined in  section  sixty-
 one  of the social services law on or before one year from the date that
 the [regulations] JOINT EXECUTIVE AGENCIES REPORT issued  in  accordance
 with  SUBDIVISION  TWO  OF section six of [the] PART Y OF chapter FIFTY-
 SEVEN of the laws of two thousand eighteen which added this  subdivision
 [appear  in the state register or are adopted, whichever is later]. Such
 prohibitions or limitations shall not apply to  such  employees  for  as
 long  as  they  remain employed by such programs or services and whether
 they remain employed by the  same  or  other  employers  providing  such
 programs  or  services.  Provided however, that any person who commences
 employment in such program or  service  after  such  date  and  performs
 services  that  are restricted under this article shall be appropriately
 licensed or authorized under this article. Each state  oversight  agency
 shall  create  and  maintain  a  process to verify employment history of
 individuals exempt under this subdivision.
   § 3. Subdivision 9 of section 8410 of the education law, as  added  by
 section  5  of  part  Y of chapter 57 of the laws of 2018, is amended to
 read as follows:
   9. Notwithstanding any other provision of law to the contrary, nothing
 in this article shall be construed to prohibit or limit  the  activities
 or services provided under this article by any person who is employed or
 who  commences  employment  in a program or service operated, regulated,
 funded, or approved by the department of mental hygiene, the  office  of
 children and family services, the department of corrections and communi-
 ty  supervision,  the office of temporary and disability assistance, the
 state office for the aging and the  department  of  health  or  a  local
 governmental unit as that term is defined in section 41.03 of the mental
 hygiene  law  or a social services district as defined in section sixty-
 one of the social services law on or before one year from the date  that

 S. 6378                             3
 
 the  [regulations]  JOINT EXECUTIVE AGENCIES REPORT issued in accordance
 with SUBDIVISION TWO OF section six of [the] PART Y  OF  chapter  FIFTY-
 SEVEN  of the laws of two thousand eighteen which added this subdivision
 [appear  in the state register or are adopted, whichever is later]. Such
 prohibitions or limitations shall not apply to  such  employees  for  as
 long  as  they  remain employed by such programs or services and whether
 they remain employed by the  same  or  other  employers  providing  such
 programs  or  services.  Provided however, that any person who commences
 employment in such program or  service  after  such  date  and  performs
 services  that  are restricted under this article shall be appropriately
 licensed or authorized under this article. Each state  oversight  agency
 shall  create  and  maintain  a  process to verify employment history of
 individuals exempt under this subdivision.
   § 4. Subdivision 2 of section 6 of part Y of chapter 57 of the laws of
 2018, amending the education  law  relating  to  persons  practicing  in
 certain  licensed  programs  or  services  who  are exempt from practice
 requirements of professionals licensed by the department  of  education,
 is amended to read as follows:
   2.  Not  later  than  ONE YEAR AND sixty days from the adoption of the
 regulations required by this section, the  executive  agencies  together
 shall  issue a single report to the governor, the temporary president of
 the senate, the speaker of the assembly, and the state education depart-
 ment that may include but not be limited to, all matters where any indi-
 vidual agency objects to or has concerns regarding regulations or  guid-
 ance  issued  by  the  department  pursuant  to  subdivision one of this
 section; a projected fiscal impact or effect of any regulations or guid-
 ance on each executive agency; identification  of  licensed  professions
 shortage  areas under each executive agency; identification of appropri-
 ate rate, policy, or legislative  changes  that  may  address  workforce
 shortages in licensed professions or access to services; an analysis and
 identification  of  the need for resources and investment to fortify the
 state's mental health workforce; an identification of barriers to hiring
 licensees and the mechanism and oversight structure used to track  indi-
 viduals  that  are  subject  to:  subdivision  12 of section 7605 of the
 education law, subdivision 8 of section 7706 of the  education  law,  or
 subdivision  9 of section 8410 of the education law; or any other perti-
 nent information.
   § 5. Subdivision a of section 9 of chapter 420 of  the  laws  of  2002
 amending the education law relating to the profession of social work, as
 amended  by  section  8  of part Y of chapter 57 of the laws of 2018, is
 amended to read as follows:
   a. 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, the office of children  and  family  services,  the  office  of
 temporary  and  disability assistance, the department of corrections and
 community supervision, the state office for the aging, 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, 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 one year from the date that the [regulations]  JOINT  EXECUTIVE
 AGENCIES  REPORT IS issued in accordance with SUBDIVISION TWO OF section
 six of part Y of [the] chapter FIFTY-SEVEN of the  laws  of  2018  which
 amended this subdivision [appear in the state register, or the date such

 S. 6378                             4

 regulations  are adopted, whichever is later]; provided however that the
 state education department shall notify the  legislative  bill  drafting
 commission  upon  the occurrence of the date [such] regulations REQUIRED
 BY  SECTION  SIX  OF  PART  Y OF CHAPTER FIFTY-SEVEN OF THE LAWS OF 2018
 appear in the state register and the date of  their  adoption  in  order
 that  the commission may maintain an accurate and timely effective data-
 base of the official text of the laws of the state of New York in furth-
 erance of effectuating the provisions of section 44 of  the  legislative
 law and section 70-b of the public officers law.
   § 6. Subdivision a of 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 9 of part Y of chapter 57 of the  laws  of  2018,  is
 amended to read as follows:
   a.  In  relation to activities and services provided under article 153
 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,  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  arti-
 cle  41  of  the  mental  hygiene  law  or a social services district as
 defined in section 61 of the social services law.  In relation to activ-
 ities 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  oper-
 ated,  regulated,  funded,  or  approved  by  the  department  of mental
 hygiene, the office of children and family services, the  department  of
 corrections and community supervision, the office of temporary and disa-
 bility  assistance, 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.
 This section shall be deemed repealed one year from the  date  that  the
 [regulations]  JOINT  EXECUTIVE  AGENCIES REPORT IS issued in accordance
 with SUBDIVISION TWO OF section six of part Y of  [the]  chapter  FIFTY-
 SEVEN  of the laws of 2018 which amended this subdivision [appear in the
 state register, or the date such regulations are adopted,  whichever  is
 later]; provided however that the state education department shall noti-
 fy  the  legislative bill drafting commission upon the occurrence of the
 date [such] regulations REQUIRED BY SECTION SIX OF  PART  Y  OF  CHAPTER
 FIFTY-SEVEN  OF  THE  LAWS  OF 2018 appear in the state register and the
 date of their adoption in order that  the  commission  may  maintain  an
 accurate  and timely effective database of the official text of the laws
 of the state of New York in furtherance of effectuating  the  provisions
 of  section  44  of  the  legislative law and section 70-b of the public
 officers law.
   § 7. Section 16 of chapter 130 of  the  laws  of  2010,  amending  the
 education  law  and  other laws relating to the registration of entities
 providing certain professional services and  the  licensure  of  certain
 professions,  as  amended  by  section 10 of part Y of chapter 57 of the
 laws of 2018, is amended to read as follows:
   § 16. This act shall take effect immediately; provided  that  sections
 thirteen, fourteen and fifteen of this act shall take effect immediately
 and  shall  be deemed to have been in full force and effect on and after

 S. 6378                             5

 June 1, 2010 and such sections shall be deemed repealed  one  year  from
 the  date  that the [regulations] JOINT EXECUTIVE AGENCIES REPORT issued
 in accordance with SUBDIVISION TWO OF section six of  part  Y  of  [the]
 chapter  FIFTY-SEVEN  of  the  laws  of  2018 which amended this section
 [appear in the state register, or the date such regulations are adopted,
 whichever is later]; provided however that the state  education  depart-
 ment  shall  notify  the  legislative  bill drafting commission upon the
 occurrence of the date [such] regulations REQUIRED  BY  SECTION  SIX  OF
 PART  Y  OF  CHAPTER FIFTY-SEVEN OF THE LAWS OF 2018 appear in the state
 register and the date of their adoption in order that the commission may
 maintain an accurate and timely effective database of the official  text
 of  the laws of the state of New York in furtherance of effectuating the
 provisions of section 44 of the legislative law and section 70-b of  the
 public  officers  law; 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 education law relating to the practice of  psychology  made
 by  section  fourteen  of this act shall repeal on the same date as such
 section repeals.
   § 8. This act shall take effect immediately.

co-Sponsors

2021-S6378A (ACTIVE) - Details

See Assembly Version of this Bill:: A7409
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§7605, 7706 & 8410, Ed L
Versions Introduced in 2023-2024 Legislative Session:: S5774

2021-S6378A (ACTIVE) - Summary

2021-S6378A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6378A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the education law, in relation to the delivery of
services that are clinical in nature

 
PURPOSE:

Relates to the delivery of services that are clinical in nature

 
SUMMARY OF PROVISIONS:

This bill would amend provisions of the Education Law that spell out
specific tasks and activities that non-licensed professional staff may
perform, while assisting multidisciplinary teams to deliver behavioral
health services, in programs under the jurisdiction of the department of
mental hygiene.

This bill would amend provisions of law, that relate to the practice of
psychology, social work, and mental health practitioner, intended to

clarify those tasks and activities non-licensed professional staff may
perform when assisting multidisciplinary teams in programs under the
jurisdiction of the state's mental hygiene agencies.

Specifically, this bill would provide that non-licensed professional
staff in such programs may assist multidisciplinary teams in the
provision of services that may be clinical in nature, when such staff
are under the supervision of a licensed professional. The appropriate
mental hygiene commissioner would determine such level of supervision.
This provision would only apply to such staff hired after June 24, 2022.
(Staff hired before that date are permanently exempt from professional
scope of practice restrictions, while assisting multidisciplinary teams
in programs under the jurisdiction of the Department of Mental Hygiene.)

 
JUSTIFICATION:

Part Y of Chapter 57 of the Laws of 2018 included amendments to the
Education Law that extended exemptions in the licensed social work,
mental health practitioner, and psychology professions for individuals
employed in programs that are operated by or under the jurisdiction of
certain state or local government agencies.

In general, Part Y provided additional clarity for providers operated,
regulated, funded or approved by the Affected Agencies regarding func-
tions for non-licensed professional staff in regulated settings.

Part Y required the Affected State Agencies to issue a report to the
Governor, Legislature and SED (issued on May 28, 2021) analyzing the
2018 law, the subsequent guidelines and regulations issued by SED, and
determining to what extent there needed to be additional guidance from
SED to determine what tasks and activities can and cannot be performed
by non-licensed professional staff, and to identify needed statutory
changes, additional financing, identification of professional shortage
areas, etc.



In this report, several concerns were raised by the Affected Agencies,
while emphasizing that OMH and OASAS were "especially concerned" that
the SED guidelines:

" ....do not address continuing ambiguity regarding the full scope of
"restricted functions" and those activities that cannot be conducted by
unlicensed individuals. For example, the statute permits unlicensed
individuals to "directly deliver services outlined in the service plan
that are not clinical in nature but have been tailored to an individual
based on any diagnoses such individual may have received from a licensed
professional" Education Law § 7605 (10)(c)(ii)(13) (emphasis added).
Since neither SED guidance nor regulations address this provision of the
statute, the agencies are concerned programs, or their employees may be
subject to SED sanction based on more restrictive interpretation of the
statute which may be inconsistent with agency regulations. Such sanc-
tions would cause a significant disruption to service delivery and be
detrimental to patient health and safety."

In its June 2021 response to the report, SED agreed that more clarity
was necessary and further stated that SED would "revise," "clarify,"
"update," "update and republish," and "clarify activities and services."
SED concluded that the "Department anticipates an ongoing process of
clarifying activities and services, to ensure public protection without
impeding the providers."

As of early May, 2022, SED has not yet provided any of these revisions,
clarifications, updates, or republications, which means there continues
to be significant uncertainty regarding scope of practice limitations
for non-licensed professional staff, at a time when there is an ongoing,
unprecedented health and behavioral health workforce crisis.

The sunset of the clinical practice exemption on June 24, 2022 will mean
that non-professional staff hired in these regulated environments will
no longer be able to perform the full range of services to persons in
need, even when assisting multidisciplinary teams. As pointed out in the
joint agency report licensed professionals do not currently exist in
numbers to fill the need for services, assuming that a sufficient number
are even willing to work in the public mental hygiene system.

At a time when the needs for mental health and addiction services have
never been greater in the New York in part due to the COVID pandemic,
and at a time of an unprecedented health and mental hygiene workforce
crisis, this bill will allow staff to be hired in these regulated envi-
ronments, to conduct the type of services that they have been providing
for many decades, with the added protection that services that may be
clinical in nature must be provided under the supervision of a licensed
professional.  The absence of this common-sense solution, or the contin-
ued extension of the clinical practice exemption, will result in serious
negative consequences for New Yorkers in need of life-saving addiction
and mental health services and will exacerbate the years-long workforce
crisis in the behavioral health sector.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect June 24, 2022

2021-S6378A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6378--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2021
                                ___________
 
 Introduced  by  Sens. HARCKHAM, BROUK -- read twice and ordered printed,
   and when printed to be committed to the Committee on Higher  Education
   -- recommitted to the Committee on Higher Education in accordance with
   Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the education  law,  in  relation  to  the  delivery  of
   services that are clinical in nature
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Clause 14 of subparagraph (ii) of paragraph (c) of subdivi-
 sion 10 of section 7605 of the education law, as amended by section 2 of
 part Y of chapter 57 of the laws of 2018, is amended to read as follows:
   (14) directly delivering services outlined in the  service  plan  that
 are not clinical in nature but have been tailored to an individual based
 on  any  diagnoses  such  individual  may  have received from a licensed
 professional, PROVIDED, HOWEVER, SUCH  SERVICES  THAT  ARE  CLINICAL  IN
 NATURE  MAY BE DELIVERED BY PERSONS SERVING IN PROGRAMS UNDER THE JURIS-
 DICTION OF THE DEPARTMENT OF MENTAL HYGIENE,  WHILE  UNDER  A  LEVEL  OF
 SUPERVISION  BY A LICENSED PROFESSIONAL AS DETERMINED BY THE APPROPRIATE
 MENTAL HYGIENE COMMISSIONER; and
   § 2. Clause 14 of subparagraph (ii) of paragraph (c) of subdivision  7
 of  section 7706 of the education law, as amended by section 4 of part Y
 of chapter 57 of the laws of 2018, is amended to read as follows:
   (14) directly delivering services outlined in the  service  plan  that
 are not clinical in nature but have been tailored to an individual based
 on  any  diagnoses  such  individual  may  have received from a licensed
 professional, PROVIDED, HOWEVER, SUCH  SERVICES  THAT  ARE  CLINICAL  IN
 NATURE  MAY BE DELIVERED BY PERSONS SERVING IN PROGRAMS UNDER THE JURIS-
 DICTION OF THE DEPARTMENT OF MENTAL HYGIENE,  WHILE  UNDER  A  LEVEL  OF
 SUPERVISION  BY A LICENSED PROFESSIONAL AS DETERMINED BY THE APPROPRIATE
 MENTAL HYGIENE COMMISSIONER; and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11070-02-2

 S. 6378--A                          2
 
   § 3. Clause 14 of subparagraph (ii) of paragraph (c) of subdivision  8
 of  section 8410 of the education law, as amended by section 5 of part Y
 of chapter 57 of the laws of 2018, is amended to read as follows:
   (14)  directly  delivering  services outlined in the service plan that
 are not clinical in nature but have been tailored to an individual based
 on any diagnoses such individual  may  have  received  from  a  licensed
 professional,  PROVIDED,  HOWEVER,  SUCH  SERVICES  THAT ARE CLINICAL IN
 NATURE MAY BE DELIVERED BY PERSONS SERVING IN PROGRAMS UNDER THE  JURIS-
 DICTION  OF  THE  DEPARTMENT  OF  MENTAL HYGIENE, WHILE UNDER A LEVEL OF
 SUPERVISION BY A LICENSED PROFESSIONAL AS DETERMINED BY THE  APPROPRIATE
 MENTAL HYGIENE COMMISSIONER; and
   § 4. This act shall take effect June 24, 2022.

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Senate Bill S6378A

Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Bill Amendments

co-Sponsors

2021-S6378 - Details

2021-S6378 - Summary

2021-S6378 - Sponsor Memo

2021-S6378 - Bill Text download pdf

co-Sponsors

2021-S6378A (ACTIVE) - Details

2021-S6378A (ACTIVE) - Summary

2021-S6378A (ACTIVE) - Sponsor Memo

2021-S6378A (ACTIVE) - Bill Text download pdf

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Senate Bill S6378A

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Sponsored By

Pete Harckham

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Bill Amendments

co-Sponsors

Samra G. Brouk

2021-S6378 - Details

2021-S6378 - Summary

2021-S6378 - Sponsor Memo

2021-S6378 - Bill Text download pdf

co-Sponsors

Samra G. Brouk

2021-S6378A (ACTIVE) - Details

2021-S6378A (ACTIVE) - Summary

2021-S6378A (ACTIVE) - Sponsor Memo

2021-S6378A (ACTIVE) - Bill Text download pdf

Comments