Note: The following sections of unconsolidated law take effect immediately and require certain actions by specified dates.
- §6 of Part Y of Chapter 57 of the Laws of 2018 provides that:
- Not later than September 30, 2018, the state education department (hereinafter referred to as "the department"), in consultation with the department of mental hygiene, the office of children and family services, the office of temporary and disability assistance, the department of corrections and community supervision, the state office for the aging, and the department of health (hereinafter referred to as "executive agencies") shall develop formal guidance consistent with this chapter for service providers authorized to operate under the respective executive agencies, to identify the tasks and functions performed by each agency's service provider workforce categorized as tasks and functions restricted to licensed personnel including tasks and functions that do not require a license under articles 153, 154 and 163 of the education law. Subsequent to the issuance of formal guidance by the department pursuant to this section, the department shall adopt regulations consistent with this chapter. Such regulations shall not be issued on an emergency basis.
- Not later than sixty days from the adoption of the regulations required by this section, the executive agencies together shall issue a single report to the governor, the temporary president of the senate, the speaker of the assembly, and the state education department that may include but not be limited to, all matters where any individual agency objects to or has concerns regarding regulations or guidance issued by the department pursuant to subdivision one of this section; a projected fiscal impact or effect of any regulations or guidance on each executive agency; identification of licensed professions shortage areas under each executive agency; identification of appropriate rate, policy, or legislative changes that may address workforce shortages in licensed professions or access to services; an analysis and identification of the need for resources and investment to fortify the state’s mental health workforce; an identification of barriers to hiring licensees and the mechanism and oversight structure used to track individuals that are subject to: subdivision 12 of section 7605 of the education law, subdivision 8 of section 7706 of the education law, or subdivision 9 of section 8410 of the education law; or any other pertinent information.
- Upon issuance of the report required pursuant to subdivision two of this section, the state education department shall have sixty days to issue a report to the governor, the temporary president of the senate, and the speaker of the assembly on any of the matters identified in subdivision two of this section provided that such report may include an analysis of, comments on, or responses to the report issued by subdivision two of this section. The governor shall provide to the executive agencies a copy of the report required by this subdivision.
- §7 of Part Y of Chapter 57 of the Laws of 2018 provides that: Programs and services operated, regulated, funded, or approved by the department of mental hygiene, the office of children and family services, the department of corrections and community supervision, the office of temporary and disability assistance, the state office for the aging and the department of health or a local governmental unit as the term is defined in section 41.03 of the mental hygiene law or a social services district as defined in section 61 of the social services law shall not be required to receive a waiver pursuant to section 6503-a of the education law and, further, such programs and services shall also be considered to be approved settings for the receipt of supervised experience for the professions governed by articles 153, 154 and 163 of the education law.
- §9 of Part Y of Chapter 57 of the Laws of 2018 provides that: Subdivision a of section 17-a of chapter 676 of the laws of 2002, amending the education law relating to the practice of psychology, as amended by section 2 of part J of chapter 59 of the laws of 2016, is amended to read as follows:
- In relation to activities and services provided under article 153 of the education law, nothing in this act shall prohibit or limit such activities or services on the part of any person in the employ of a program or service operated, regulated, funded, or approved by the department of mental hygiene or the office of children and family services, or a local governmental unit as that term is defined in article 41 of the mental hygiene law or a social services district as defined in section 61 of the social services law. In relation to activities and services provided under article 163 of the education law, nothing in this act shall prohibit or limit such activities or services on the part of any person in the employ of a program or service operated, regulated, funded, or approved by the department of mental hygiene, the office of children and family services, the department of corrections and community supervision, the office of temporary and disability assistance, the state office for the aging and the department of health or a local governmental unit as that term is defined in article 41 of the mental hygiene law or a social services district as defined in section 61 of the social services law, pursuant to authority granted by law. This section shall not authorize the use of any title authorized pursuant to article 153 or 163 of the education law by any such employed person, except as otherwise provided by such articles respectively. This section shall be deemed repealed one year from the date that the regulations issued in accordance with section six of part Y of the chapter of the laws of 2018 which amended this subdivision appear in the state register, or the date such regulations are adopted, whichever is later; provided however that the state education department shall notify the legislative bill drafting commission upon the occurrence of the date such regulations appear in the state register and the date of their adoption in order that the commission may maintain an accurate and timely effective database of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 10-b of the public officers law.
- §10 of Part Y of Chapter 57 of the Laws of 2018 provides that: Section 16 of chapter 130 of the laws of 2010, amending the education law and other laws relating to the registration of entities providing certain professional services and the licensure of certain professions, as amended by section 3 of part J of chapter 59 of the laws of 2016, is amended to read as follows:
- §16. This act shall take effect immediately; provided that sections thirteen, fourteen and fifteen of this act shall take effect immediately and shall be deemed to have been in full force and effect on and after June 1, 2010 and such sections shall be deemed repealed one year from the date that the regulations issued in accordance with section six of part Y of the chapter of the laws of 2018 which amended this section appear in the state register, or the date such regulations are adopted, whichever is later; provided however that the state education department shall notify the legislative bill drafting commission upon the occurrence of the date such regulations appear in the state register and the date of their adoption in order that the commission may maintain an accurate and timely effective database of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law; provided further that the amendments to section 9 of chapter 420 of the laws of 2002 amending the education law relating to the profession of social work made by section thirteen of this act shall repeal on the same date as such section repeals; provided further that the amendments to section 17-a of chapter 676 of the laws of 2002 amending the education law relating to the practice of psychology made by section fourteen of this act shall repeal on the same date as such section repeals.
- §11 of Part Y of Chapter 57 of the Laws of 2018 provides that: This act shall take effect immediately.