Bill Text: NY S07749 | 2009-2010 | General Assembly | Introduced

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Bill Title: Relates to activities and services provided under articles of the education law pertaining to the professions of social work and mental health practitioners.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-05-06 - REFERRED TO HIGHER EDUCATION [S07749 Detail]

Download: New_York-2009-S07749-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7749
                                   I N  S E N A T E
                                      May 6, 2010
                                      ___________
       Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Higher Education
       AN ACT to amend chapter 420 of the laws of 2002 amending  the  education
         law  relating  to  the profession of social work, and to amend chapter
         676 of the laws of 2002 amending the education law relating to  defin-
         ing  the  practice  of  psychology,  in relation to the professions of
         social work and mental health practitioners
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section 9 of chapter 420 of the laws of 2002 amending the
    2  education law relating to the profession of social work, as  amended  by
    3  section  1  of  part II of chapter 57 of the laws of 2009, is amended to
    4  read as follows:
    5    S 9. Nothing in this act shall prohibit or  limit  the  activities  or
    6  services on the part of any person in the employ of a program or service
    7  operated,  regulated,  funded,  or approved by [the department of mental
    8  hygiene or the office of children and family services,] A  STATE  AGENCY
    9  AS  DEFINED  IN  SECTION 32 OF THE EXECUTIVE LAW or a local governmental
   10  unit as that term is defined in article 41 of the mental hygiene law  or
   11  a  social  services  district  as  defined  in  section 61 of the social
   12  services law, provided, however, this section shall  not  authorize  the
   13  use  of  any  title  authorized pursuant to article 154 of the education
   14  law, except that this section shall be deemed repealed on June 1, [2010]
   15  2014; AND PROVIDED FURTHER, HOWEVER, THAT SUCH ENTITIES  SHALL  ANNUALLY
   16  REPORT  TO  THE  TEMPORARY  PRESIDENT  OF THE SENATE, THE SPEAKER OF THE
   17  ASSEMBLY, THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE  CHAIR  OF  THE
   18  ASSEMBLY WAYS AND MEANS COMMITTEE AND THE CHAIRS OF THE HIGHER EDUCATION
   19  COMMITTEES  IN  BOTH HOUSES OF THE LEGISLATURE ON THEIR PROGRESS TOWARDS
   20  COMPLIANCE WITH ARTICLE 154 OF THE EDUCATION LAW BY JUNE 1 OF EACH  YEAR
   21  UNTIL THIS SECTION IS REPEALED.
   22    S  2.  Section  17-a  of  chapter 676 of the laws of 2002 amending the
   23  education law relating  to  defining  the  practice  of  psychology,  as
   24  amended  by  section  2 of part II of chapter 57 of the laws of 2009, is
   25  amended to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD17176-01-0
       S. 7749                             2
    1    S 17-a.  [Nothing] A. IN RELATION TO ACTIVITIES AND SERVICES  PROVIDED
    2  UNDER  ARTICLE  153  OF  THE  EDUCATION  LAW,  NOTHING in this act shall
    3  prohibit or limit [the] SUCH activities or services on the part  of  any
    4  person  in the employ of a program or service operated, regulated, fund-
    5  ed,  or  approved  by  the department of mental hygiene or the office of
    6  children and family services, or a local governmental unit as that  term
    7  is  defined in article 41 of the mental hygiene law or a social services
    8  district as defined in section 61 of the social services law[, provided,
    9  however, this section shall not authorize the use of any  title  author-
   10  ized  pursuant  to  article  153  or 163 of the education law, except as
   11  otherwise provided by such articles, except that this section  shall  be
   12  deemed  repealed  on  June  1,  2010].    IN  RELATION TO ACTIVITIES AND
   13  SERVICES PROVIDED UNDER ARTICLE 163 OF THE  EDUCATION  LAW,  NOTHING  IN
   14  THIS ACT SHALL PROHIBIT OR LIMIT SUCH ACTIVITIES OR SERVICES ON THE PART
   15  OF ANY PERSON IN THE EMPLOY OF A PROGRAM OR SERVICE OPERATED, REGULATED,
   16  FUNDED  OR  APPROVED  BY  A STATE AGENCY AS DEFINED IN SECTION 32 OF THE
   17  EXECUTIVE LAW OR A LOCAL GOVERNMENTAL UNIT AS THAT TERM  IS  DEFINED  IN
   18  ARTICLE  41  OF  THE MENTAL HYGIENE LAW OR A SOCIAL SERVICES DISTRICT AS
   19  DEFINED IN SECTION 61 OF THE SOCIAL SERVICES LAW, OR PURSUANT TO AUTHOR-
   20  ITY GRANTED BY LAW. THIS SECTION SHALL NOT  AUTHORIZE  THE  USE  OF  ANY
   21  TITLE  AUTHORIZED PURSUANT TO ARTICLE 153 OR 163 OF THE EDUCATION LAW BY
   22  ANY SUCH EMPLOYED PERSON, EXCEPT AS OTHERWISE PROVIDED BY SUCH  ARTICLES
   23  RESPECTIVELY.
   24    B.  THIS  SECTION  SHALL  BE  DEEMED  REPEALED JULY 1, 2014, PROVIDED,
   25  HOWEVER, THAT ENTITIES DESCRIBED IN SUBDIVISION A OF THIS SECTION  SHALL
   26  ANNUALLY REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF
   27  THE  ASSEMBLY,  THE  CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF
   28  THE ASSEMBLY WAYS AND MEANS COMMITTEE  AND  THE  CHAIRS  OF  THE  HIGHER
   29  EDUCATION COMMITTEES IN BOTH HOUSES OF THE LEGISLATURE ON THEIR PROGRESS
   30  TOWARDS  COMPLIANCE  WITH  ARTICLE 163 OF THE EDUCATION LAW BY JUNE 1 OF
   31  EACH YEAR UNTIL THIS SECTION IS REPEALED.
   32    S 3. This act shall take effect immediately and be deemed to have been
   33  in full force and effect on and after April 1, 2010.