S2829A-2011 Actions

• Jan 20, 2012: PRINT NUMBER 2829A
• Jan 20, 2012: AMEND AND RECOMMIT TO HIGHER EDUCATION
• Jan 4, 2012: REFERRED TO HIGHER EDUCATION
• Feb 2, 2011: REFERRED TO HIGHER EDUCATION

S2829A-2011 Memo

BILL NUMBER:S2829A

TITLE OF BILL:
An act
to amend the education law, in relation to mandatory continuing
education for social workers

PURPOSE OF GENERAL IDEA OF BILL:
To ensure continued competency by
requiring practicing licensed master social workers and licensed
clinical social workers to complete continuing education.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends the education law by adding a new Section
7710 to require each licensed master social worker or licensed
clinical social worker to register triennially with the department to
practice in this State shall comply with the provisions of mandatory
continuing education. This section also sets forth exceptions to
mandatory continuing education.

This Section of the bill also sets forth the minimum requirements for
such mandatory continuing education.

This Section of the bill allows the department of education to issue
conditional registration to a licensee who fails to meet the
continuing education requirements under certain circumstances

Section 2 of the bill sets the effective date.

JUSTIFICATION:
Continuing education has been adopted in nearly every
state as an essential activity for ensuring quality social work
services. As practice and treatment knowledge expands, social workers
must continuously educate themselves in order to remain proficient in
professional practice and the performance of professional functions.
This bill will protect the welfare of the public and ensure that
consumers receive quality services by requiring continued education
for licensed master social workers and licensed clinical social
workers.

PRIOR LEGISLATIVE HISTORY:

2010 - S.8212 - Died Rules

FISCAL IMPLICATIONS:
Licensed social workers will be required to pay a
forty-five dollar fee in addition to their triennial registration.

EFFECTIVE DATE:
This act takes effect January 1, 2014, provided that
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 regulation as may be necessary, to
ensure the timely implementation of the provisions of this act on
such effective date.

S2829A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   2829--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                              February 2, 2011
                                 ___________

  Introduced  by  Sens.  STEWART-COUSINS,  MONTGOMERY  --  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  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-
  MENT  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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04815-02-2

 S. 2829--A                          2

  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.
    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  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  TWELVE,
  SHALL  COMPLETE  CONTINUING  EDUCATION  HOURS ON A PRORATED BASIS AT THE
  RATE OF ONE-HALF HOUR PER MONTH FOR THE PERIOD BEGINNING JANUARY  FIRST,
  TWO  THOUSAND  FOURTEEN  UP TO THE FIRST REGISTRATION DATE THEREAFTER. A
  LICENSEE WHO  HAS  NOT  SATISFIED  THE  MANDATORY  CONTINUING  EDUCATION
  REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY
  THE  DEPARTMENT  AND  SHALL  NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL
  REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDIVISION  THREE
  OF  THIS  SECTION. CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM
  MAY NOT BE TRANSFERRED TO A 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
  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. 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 CONTIN-
  UING EDUCATION  REQUIREMENT.  COURSES  MUST  BE  TAKEN  FROM  A  SPONSOR
  APPROVED  BY  THE DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE COMMIS-
  SIONER. LICENSED MASTER SOCIAL WORKERS OR LICENSED CLINICAL SOCIAL WORK-
  ERS SHALL MAINTAIN ADEQUATE DOCUMENTATION OF  COMPLETION  OF  ACCEPTABLE

 S. 2829--A                          3

  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  FORTY-FIVE
  DOLLARS.    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, 2014. Provided, that effec-
  tive  immediately,  the addition, amendment and/or repeal of any rule or
  regulation necessary for the implementation of this act on its effective
  date are authorized and directed to be made and completed by  the  state
  education department.