Relates to mandatory continuing education for social workers.
Law Section: Education Law
Law: Add S7710, Ed L
Co-sponsor(s): MONTGOMERYCommittee: HIGHER EDUCATION
Law Section: Education Law
Law: Add S7710, Ed L
- 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
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.
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.