New York State Assembly

 
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A07405 Summary:

A07405 Actions:

A07405 Committee Votes:

Committee:HIGHER EDUCATION   Chair:Glick      
DATE:05/25/2021AYE/NAY:25/0  Action: Favorable refer to committee Rules        
Glick
Aye
Walczyk
Aye
Gottfried
Aye
Smith
Aye
Englebright
Aye
Fitzpatrick
Aye
Cahill
Aye
Reilly
Aye
Cusick
Aye
Salka
Aye
Lupardo
Aye
Smullen
Aye
Stirpe
Aye
Gandolfo
Aye
Fahy
Aye
Pichardo
Aye
Simon
Aye
McDonald
Aye
Bichotte Hermel
Aye
Hyndman
Aye
Epstein
Aye
Griffin
Aye
McMahon
Aye
Buttenschon
Aye
Clark
Aye
Forrest
Excused

Committee:RULES   Chair:Heastie      
DATE:06/01/2021AYE/NAY:30/0  Action: Favorable         
Heastie
Aye
Barclay
Aye
Gottfried
Aye
Hawley
Aye
Nolan
Excused
Giglio
Aye
Weinstein
Aye
Blankenbush
Aye
Pretlow
Aye
Norris
Aye
Cook
Aye
Montesano
Aye
Glick
Aye
Ra
Aye
Aubry
Aye
Brabenec
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye

A07405 Floor Votes:

A07405 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7405--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 7, 2021
                                       ___________
 
        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee on Higher Education -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11076-02-1
        A. 7405--A                          2
 
     1  agency shall create and maintain a process to verify employment  history
     2  of individuals exempt under this subdivision.
     3    §  2.  Subdivision 8 of section 7706 of the education law, as added by
     4  section 4 of part Y of chapter 57 of the laws of  2018,  is  amended  to
     5  read as follows:
     6    8. Notwithstanding any other provision of law to the contrary, nothing
     7  in  this  article shall be construed to prohibit or limit the activities
     8  or services provided under this article by any person who is employed or
     9  who commences employment in a program or  service  operated,  regulated,
    10  funded,  or  approved by the department of mental hygiene, the office of
    11  children and family services, the department of corrections and communi-
    12  ty supervision, the office of temporary and disability  assistance,  the
    13  state  office  for  the  aging  and  the department of health or a local
    14  governmental unit as that term is defined in section 41.03 of the mental
    15  hygiene law or a social services district as defined in  section  sixty-
    16  one  of  the  social services law on or before [one year] two years from
    17  the date that the regulations issued in accordance with section  six  of
    18  [the] part Y of chapter fifty-seven of the laws of two thousand eighteen
    19  [which  added  this  subdivision]  appear  in  the state register or are
    20  adopted, whichever is later. Such prohibitions or limitations shall  not
    21  apply  to  such  employees  for  as long as they remain employed by such
    22  programs or services and whether they remain employed  by  the  same  or
    23  other  employers  providing such programs or services. Provided however,
    24  that any person who commences employment  in  such  program  or  service
    25  after  such  date  and  performs services that are restricted under this
    26  article shall be appropriately licensed or authorized under  this  arti-
    27  cle.  Each state oversight agency shall create and maintain a process to
    28  verify employment history of individuals exempt under this subdivision.
    29    § 3. Subdivision 9 of section 8410 of the education law, as  added  by
    30  section  5 of part Y of chapter 57 of the laws of 2018, is amended    to
    31  read as follows:
    32    9. Notwithstanding any other provision of law to the contrary, nothing
    33  in  this  article shall be construed to prohibit or limit the activities
    34  or services provided under this article by any person who is employed or
    35  who commences employment in a program or  service  operated,  regulated,
    36  funded,  or  approved by the department of mental hygiene, the office of
    37  children and family services, the department of corrections and communi-
    38  ty supervision, the office of temporary and disability  assistance,  the
    39  state  office  for  the  aging  and  the department of health or a local
    40  governmental unit as that term is defined in section 41.03 of the mental
    41  hygiene law or a social services district as defined in  section  sixty-
    42  one  of  the  social services law on or before [one year] two years from
    43  the date that the regulations issued in accordance with section  six  of
    44  [the] part Y of chapter fifty-seven of the laws of two thousand eighteen
    45  [which  added  this  subdivision]  appear  in  the state register or are
    46  adopted, whichever is later. Such prohibitions or limitations shall  not
    47  apply  to  such  employees  for  as long as they remain employed by such
    48  programs or services and whether they remain employed  by  the  same  or
    49  other  employers  providing such programs or services. Provided however,
    50  that any person who commences employment  in  such  program  or  service
    51  after  such  date  and  performs services that are restricted under this
    52  article shall be appropriately licensed or authorized under  this  arti-
    53  cle.  Each state oversight agency shall create and maintain a process to
    54  verify employment history of individuals exempt under this subdivision.
    55    § 4. This act shall take effect immediately.