Relates to mandatory continuing education for social workers.
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.
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: 2009/2010 A11434 referred to higher education
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 immediately; Provided, however that effective immediately, 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 regulations as may be necessary, to ensure the timely implementation of the provisions of this act on such effective date.
STATE OF NEW YORK ________________________________________________________________________ S. 4637 A. 6703 2013-2014 Regular Sessions S E N A T E - A S S E M B L Y April 16, 2013 ___________IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Higher Educa- tion IN ASSEMBLY -- Introduced by M. of A. PRETLOW -- read once and referred to the Committee on Higher Education 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- MENTS 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 APPROPRIATEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10338-01-3 S. 4637 2 A. 6703
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. (D) A LICENSED CLINICAL SOCIAL WORKER WHO IS ALSO LICENSED AND REGIS- TERED TO PRACTICE AS A LICENSED MASTER SOCIAL WORKER IN THE SAME TRIEN- NIAL REGISTRATION PERIOD, SHALL NOT BE REQUIRED TO COMPLETE MORE THAN THIRTY-SIX HOURS OF CONTINUING EDUCATION IN THE TRIENNIAL REGISTRATION PERIOD, OR ONE HOUR PER MONTH FOR A REGISTRATION PERIOD OTHER THAN THIR- TY-SIX MONTHS. 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-SIX 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 OCTOBER FIRST, TWO THOUSAND FOURTEEN, SHALL COMPLETE CONTINUING EDUCATION HOURS ON A PRORATED BASIS AT THE RATE OF ONE HOUR PER MONTH FOR THE PERIOD BEGINNING OCTOBER FIRST, TWO THOUSAND FOURTEEN UP TO THE FIRST REGISTRATION DATE THEREAFTER. A LICEN- SEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENT SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPART- MENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION IS ISSUED AS PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION. CONTINU- ING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED TO THE 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. CONTIN- UING EDUCATION COURSES MUST BE TAKEN FROM A PROVIDER WHO HAS BEENS. 4637 3 A. 6703
APPROVED BY THE DEPARTMENT, BASED UPON AN APPLICATION AND FEE, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER. 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 CONTINUING EDUCATION REQUIREMENT. COURSES MUST BE TAKEN FROM A SPONSOR APPROVED BY THE DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER. LICENSED MASTER SOCIAL WORKERS OR LICENSED CLINICAL SOCIAL WORKERS SHALL MAINTAIN ADEQUATE DOCUMENTATION OF COMPLETION OF ACCEPTABLE 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 DETERMINED BY THE DEPARTMENT. 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 immediately; provided, however, that effective immediately, the state education department is authorized to take such steps in advance of such effective date, including the addi- tion, amendment and/or repeal of any rule or regulations as may be necessary, to ensure the timely implementation of the provisions of this act on such effective date.