S T A T E O F N E W Y O R K
________________________________________________________________________
6431
2021-2022 Regular Sessions
I N S E N A T E
April 28, 2021
___________
Introduced by Sens. BROUK, HARCKHAM -- 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 extending certain
exemptions for persons employed as mental health practitioners,
psychologists and social workers
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
social services district as defined in section sixty-one of the social
services law on or before [one year] TWO YEARS from the date that the
regulations issued in accordance with 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 appro-
priately 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11068-01-1
S. 6431 2
§ 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] TWO YEARS from
the date that the regulations issued in accordance with 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 arti-
cle. 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] TWO YEARS from
the date that the regulations issued in accordance with 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 arti-
cle. Each state oversight agency shall create and maintain a process to
verify employment history of individuals exempt under this subdivision.
§ 4. This act shall take effect immediately.
