Bill Text: NY S06431 | 2021-2022 | General Assembly | Introduced

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Bill Title: Extends for one year certain exemptions from professional licensure requirements for persons employed as mental health practitioners, psychologists and social workers 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 or social services district.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2021-06-09 - SUBSTITUTED BY A7405A [S06431 Detail]

Download: New_York-2021-S06431-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6431

                               2021-2022 Regular Sessions

                    IN SENATE

                                     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:

     1    Section  1. Subdivision 12 section 7605 of the education law, as added
     2  by section 2 of part Y of chapter 57 of the laws of 2018, is amended  to
     3  read as follows:
     4    12.  Notwithstanding any other provision of law to the contrary, noth-
     5  ing in this article shall be construed to prohibit or limit  the  activ-
     6  ities  or  services  provided  under  this  article by any person who is
     7  employed or who commences employment in a program or  service  operated,
     8  regulated,  funded, or approved by the department of mental hygiene, the
     9  office of children and family services, or a local governmental unit  as
    10  that  term  is  defined  in section 41.03 of the mental hygiene law or a
    11  social services district as defined in section sixty-one of  the  social
    12  services  law  on  or before [one year] two years from the date that the
    13  regulations issued in accordance with section six of  [the]  part  Y  of
    14  chapter  fifty-seven  of  the laws of two thousand eighteen [which added
    15  this subdivision] appear in the state register or are adopted, whichever
    16  is later. Such prohibitions or  limitations  shall  not  apply  to  such
    17  employees  for  as  long  as  they  remain  employed by such programs or
    18  services and whether they remain employed by the same or other employers
    19  providing such programs or services. Provided, however, that any  person
    20  who  commences employment in such program or service after such date and
    21  performs services that are restricted under this article shall be appro-
    22  priately licensed or authorized under this article. Each state oversight
    23  agency shall create and maintain a process to verify employment  history
    24  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

     1    §  2.  Subdivision 8 of section 7706 of the education law, as added by
     2  section 4 of part Y of chapter 57 of the laws of  2018,  is  amended  to
     3  read as follows:
     4    8. Notwithstanding any other provision of law to the contrary, nothing
     5  in  this  article shall be construed to prohibit or limit the activities
     6  or services provided under this article by any person who is employed or
     7  who commences employment in a program or  service  operated,  regulated,
     8  funded,  or  approved by the department of mental hygiene, the office of
     9  children and family services, the department of corrections and communi-
    10  ty supervision, the office of temporary and disability  assistance,  the
    11  state  office  for  the  aging  and  the department of health or a local
    12  governmental unit as that term is defined in section 41.03 of the mental
    13  hygiene law or a social services district as defined in  section  sixty-
    14  one  of  the  social services law on or before [one year] two years from
    15  the date that the regulations issued in accordance with section  six  of
    16  [the] part Y of chapter fifty-seven of the laws of two thousand eighteen
    17  [which  added  this  subdivision]  appear  in  the state register or are
    18  adopted, whichever is later. Such prohibitions or limitations shall  not
    19  apply  to  such  employees  for  as long as they remain employed by such
    20  programs or services and whether they remain employed  by  the  same  or
    21  other  employers  providing such programs or services. Provided however,
    22  that any person who commences employment  in  such  program  or  service
    23  after  such  date  and  performs services that are restricted under this
    24  article shall be appropriately licensed or authorized under  this  arti-
    25  cle.  Each state oversight agency shall create and maintain a process to
    26  verify employment history of individuals exempt under this subdivision.
    27    § 3. Subdivision 9 of section 8410 of the education law, as  added  by
    28  section  5 of part Y of chapter 57 of the laws of 2018, is amended    to
    29  read as follows:
    30    9. Notwithstanding any other provision of law to the contrary, nothing
    31  in  this  article shall be construed to prohibit or limit the activities
    32  or services provided under this article by any person who is employed or
    33  who commences employment in a program or  service  operated,  regulated,
    34  funded,  or  approved by the department of mental hygiene, the office of
    35  children and family services, the department of corrections and communi-
    36  ty supervision, the office of temporary and disability  assistance,  the
    37  state  office  for  the  aging  and  the department of health or a local
    38  governmental unit as that term is defined in section 41.03 of the mental
    39  hygiene law or a social services district as defined in  section  sixty-
    40  one  of  the  social services law on or before [one year] two years from
    41  the date that the regulations issued in accordance with section  six  of
    42  [the] part Y of chapter fifty-seven of the laws of two thousand eighteen
    43  [which  added  this  subdivision]  appear  in  the state register or are
    44  adopted, whichever is later. Such prohibitions or limitations shall  not
    45  apply  to  such  employees  for  as long as they remain employed by such
    46  programs or services and whether they remain employed  by  the  same  or
    47  other  employers  providing such programs or services. Provided however,
    48  that any person who commences employment  in  such  program  or  service
    49  after  such  date  and  performs services that are restricted under this
    50  article shall be appropriately licensed or authorized under  this  arti-
    51  cle.  Each state oversight agency shall create and maintain a process to
    52  verify employment history of individuals exempt under this subdivision.
    53    § 4. This act shall take effect immediately.