News & Reports

 
Podiatric Ankle Surgery Privileges and Wound Care
At its February meeting the Board of Regents adopted regulations, effective February 17, 2014, to implement legislation that expanded the scope of practice of podiatry and established requirements for the issuance of podiatric ankle surgery privileges. Podiatrists holding the privileges will be authorized to perform certain procedures they had not previously been authorized to perform. Information about the podiatric ankle surgery privileges, including instructions and application forms, is now available.
The same legislation also expanded the scope of practice of all podiatrists with respect to the provision of wound care, effective February 17, 2014.
 
Licensure of Behavior Analysts and Certification of Behavior Analyst Assistants
On January 10, 2014, the Governor signed Chapter 554 of the Laws of 2014 that provides for the licensure of behavior analysts and the certification of behavior analyst assistants under Title VIII of the Education Law for certain qualified individuals who provide applied behavior analysis ("ABA") services to individuals with autism spectrum disorder. The full law does not take effect until July 1, 2014, and the Governor’s approval message notes that the Legislature has agreed to amend the law to address specific concerns.

To implement the licensing provisions, the Board of Regents must appoint an Executive Secretary and members of a new State Board for Applied Behavior Analysis. The State Board will assist the Regents and the Department in developing regulations necessary to license/certify qualified individuals in the new professions. Please check back for additional updates in the coming weeks. (1/23/14)
 
 
Continuing Education for Licensed Social Workers
Chapter 443 of the Laws of 2013 will require each licensed master social worker (LMSW) and licensed clinical social worker (LCSW) to complete 36 hours of acceptable continuing education in the triennial registration period, or one hour per month in registration periods other than 36 months, starting January 1, 2015. In order to implement the law, the Board of Regents discussed proposed regulations at their January 2014 meeting. The proposed regulations are posted on the Department’s website and will be published in the State Register on February 19, 2014 for a 45-day period of public comment. We will post updates on the Office of the Professions website throughout this process. (1/29/14)
 
 
Continuing Education for Licensed Mental Health Practitioners
Chapter 486 of the Laws of 2013 will require each licensed creative arts therapist, licensed marriage and family therapist, licensed mental health counselor and licensed psychoanalyst to complete 36 hours of acceptable continuing education in the triennial registration period, or one hour per month in registration periods other than 36 months, starting January 1, 2017. We will post updates on the Office of the Professions website throughout the implementation process. (12/9/13)
 
 
Hepatitis C Testing Law
The Department of Health has provided information about a new law requiring the offer of a heptatis C screening test to every individuals born between 1945 and 1965 receiving inpatient hospital or primary care, effective January 1, 2014. You can read the Dear Colleague letter from the Commissioner of Health at DearColleagueHCVTest_SignedLetter.pdf. (December 4, 2013)
 
 
On-Line Survey for Agencies and Programs Exempt from Licensure Requirements Until July 1, 2016

Chapter 57 of the Laws of 2013 extended until July 1, 2016 the exemption from licensure as a social worker, psychologist or mental health practitioner for individuals in certain agencies who provide services to New Yorkers. The law also established a two-part survey by which the Education Department will prepare and deliver a report to the Governor and Legislature about the need to continue or modify the exemptions from licensure. The first part of the survey will collect baseline data from exempt programs and agencies. Agencies and programs that are regulated, operated, funded or approved by the agencies named in Chapter 57 of the Laws of 2013 should complete this survey by December 6, 2013. You can access the survey at: www.surveymonkey.com/s/Chapter57. (November 5, 2013)

2013 Professional Association Forum
Regent James Jackson and Deputy Commissioner Doug Lentivech opened the 2013 Professional Association Forum in the Cultural Education Center’s Clark Auditorium on October 30, 2013. More than 70 individuals, including chairs of the 29 State Boards and Committees and representatives of professional associations that represent many of the 50 licensed professions, were in attendance. The Forum provided an opportunity for the guests and the Office of the Professions to discuss issues of concern in the license, practice and regulation of the professions. You can access the power point presentation at Professional Association Forum 2013 ( 2,231 KB) (October 31, 2013)

 Pharmacists May Immunize Patients Against Meningococcal Disease

Effective October 29, 2013, a licensed pharmacist who has been certified to administer immunizations by the Education Department may immunize patients against meningococcal disease, pursuant to Chapter 274 of the Laws of 2013 and regulations adopted by the Board of Regents. Such pharmacists may administer the meningococcal vaccine under patient specific orders or non-patient specific orders, as they may for influenza and pneumococcal disease. Since pharmacists were first authorized to administer immunizations to prevent influenza and pneumococcal disease in December 2008, the Department has certified nearly 10,000 New York State pharmacists following completion of a satisfactory training program. You can verify the licensure of a pharmacist, including the immunization certification, online at www.op.nysed.gov/opsearches.htm 24 hours a day and 7 days a week. (October 31, 2013)


 
Limited Exemption from Social Work, Mental Health and Psychology Licensure Extended in State Budget
The recently adopted 2013-14 State Budget includes an extension of the current exemption for licensure for certain individuals providing services that fall within the scope of practice of social workers, psychologists and mental health practitioners. The exemption applies to persons employed by programs or services operated, regulated funded or approved by specified state and local government agencies. The budget also amended the law within each profession to clarify activities that do not require. The Office of the Professions will provide additional information and is working to update information on our website; thank you for your patience. (March 29, 2013)

Mental Health Professionals and the NY-SAFE Act

The New York Secure Ammunition and Firearms Enforcement Act of 2013 (NY SAFE Act) added a new section 9.46 of the Mental Hygiene Law to require that physicians (including psychiatrists), psychologists, licensed clinical social workers and registered nurses report when one of their patients is likely to engage in conduct that would result in serious harm to self or others, effective March 16, 2013. The New York State Office of Mental Health has posted frequently asked questions and other information about the implementation of the law and will be hosting a webcast on March 12, 2013 to provide additional information about the SAFE Act. You can access information about the webcast, including the time, and other OMH guidance documents at: www.omh.ny.gov/omhweb/safe_act/. (March 6, 2013)

Continuing the Temporary Suspension and Modification of Statutory and Regulatory Provisions to Promote the Immunization of Children against Seasonal Influenza

Effective February 12, 2013, Governor Cuomo issued Executive Order No. 93 which permits pharmacists who are already authorized to administer vaccinations against seasonal influenza to individuals 18 years of age and older also to administer vaccinations against seasonal influenza to individuals between six months and 18 years of age. Pharmacists may provide immunization based on patient specific orders or based on updated non-patient order allowing immunization against seasonal influenza to individuals between six months and 18 years of age. Executive Order No. 93 will expire on March 14, 2013. Additional information regarding Seasonal Influenza and the Governor’s Executive Order may be found at the Department of Health website. (February 12, 2013)


Amendment of Business Corporation Law Allowing Professional Corporations in Good Standing to Become a Design Professional Corporation
Business Corporation Law Section 1503 allows an existing professional service corporation in good standing to become a design professional service corporation. A Professional Service Corporation (P.C.), practicing professional engineering, architecture, landscape architecture or land surveying or practicing any combination of such professions can submit a certificate of amendment of its certificate of incorporation to the Education Department, and if all requirements are met, obtain approval to convert to a Design Profession Corporation. You can access additional information at www.op.nysed.gov/corp/pc-convert-dpc.htm. (January 7, 2013)

New Perfusionist Permit Law Takes Effect
Chapter 479 of the Laws of 2012, effective January 2, 2013, amends Section 8609 of Education Law to authorize the performance of, use of, and analysis of the results from point of care tests and instruments used to monitor coagulation, blood gas and blood chemistry and hemoglobin and hematocrit pursuant to an order and under the direction and supervision of a licensed physician by individuals employed on a salaried basis by a hospital and issued a permit by the State Education Department. The permit shall be issued to individuals who submit an application which includes an attestation by the applicant's employer that the applicant is employed on a salaried basis by a hospital in New York State and meets the qualifications established by such hospital to perform extracorporeal or intracorporeal services under the direction and supervision of a licensed physician. These services are commonly provided during cardiovascular surgery, among other similar activities.

The permittee shall be subject to the full disciplinary and regulatory authority of the Board of Regents and the State Education Department, as if the permit were a professional license issued under the Clinical Laboratory Technology law. The permit is valid for two years. However, because Chapter 479 will expire and be deemed repealed on July 1, 2014, the permit will expire on that date unless the effective date of the law is extended. Individuals licensed in other professions who are already permitted to engage in these practices within the scope of practice of their professions may continue to do so without the need for this permit.

The application forms for the permit are found here. (December 17, 2012)

New Regulations in Occupational Therapy
The Board of Regents will discuss proposed regulations, to allow the Department to implement the provisions of Chapters 329 and 444 of the Laws of 2012 at its November 2012 meeting. Chapter 329 authorizes a limited permit for occupational therapy assistants who have completed educational requirements but who have yet to pass the licensing examination, and also provides for the supervision of occupational therapy assistant students who are engaged in clinical work by occupational therapy assistants. Chapter 444 establishes a continued competency requirement for occupational therapists and occupational therapy assistants. A summary of the proposed regulations and the notice of proposed rule-making will be published in the State Register on November 14, 2012, for a 45-day period of public comment. Public comments may be submitted to Deputy Commissioner Douglas E. Lentivech at OPDEPCOM@mail.nysed.gov. If the Board of Regents adopts the proposed regulations at their January 2013 meeting, they would take effect on February 13, 2013. (November 13, 2012)

Advisory Committee Nominations Sought
In anticipation of a possible upcoming vacancy, the State Education Department and the Board of Regents are seeking nominations from highly qualified individuals who wish to serve, on a voluntary basis, as a representative of international medical schools on the Regent’s Advisory Committee on Long-Term Clinical Clerkships. (October 10, 2012)

New Polysomnographic Technology Authorization Law Takes Effect

Chapter 262 of the Laws of 2011, effective August 3, 2012, established the profession of Polysomnographic Technology in New York State. Individuals must now hold  authorization from the Education Department to provide polysomnographic technology services or to use the title “Authorized Polysomnographic Technologist”.  Licensed individuals who are already permitted to practice polysomnographic technology services within their scope of practice, including respiratory therapists and respiratory therapy technicians, may continue to do so without the need for this authorization.

Polysomnographic Technologists play an integral role in patient care, including administering sleep tests and working with physicians to collect information needed by the physician to make an accurate diagnosis of sleep disorders and an appropriate treatment plan. The Board of Regents adopted final regulations implementing the provisions of this law at their October 2012 meeting (www.regents.nysed.gov/meetings/2012Meetings/October2012/1012ppca1.pdf).

The approved regulations outline the coursework and clinical experience that must be included in a program that seeks registration by the Department as a licensure-qualifying polysomnographic technology program. The regulations also define the practice of Polysomnographic Technology and set forth the requirements that must be met by an individual seeking authorization to practice the profession in New York. Finally, the regulations establish grandparenting provisions to enable those individuals who began practicing prior to the new law and regulations to receive authorization to continue to practice after the effective date of the law if they meet specific requirements, including experience. Individuals who wish to apply under these special provisions must meet the grandparenting requirements and apply for authorization by February 3, 2014.  However, if the Department has not registered four license-qualifying polysomnographic technology programs by that date, limited grandparenting provisions will continue.

Application forms, as well as additional information on the laws, regulations, and licensure requirements can be found at:  www.op.nysed.gov/prof/polysom/.  Questions can be addressed to the State Board for Respiratory Therapy office at RTBD@mail.nysed.gov  or 518-474-3817, x.120. (November 13, 2012)

New Physical Therapy Regulations to Take Effect August 17
At its meeting on June 19, 2012, the Board of Regents approved amendments to the Regulations of the Commissioner of Education relating to physical therapy. The new regulations, which take effect August 17, 2012, establish standards for the registration of licensure-qualifying programs in physical therapy and, to implement chapter 410 of the Laws of 2011, raise the entry-level degree for licensure as a physical therapist to a master’s degree level. The amendments also establish standards for the endorsement of physical therapist licenses issued by other jurisdictions. The Regents action, including the amendments to the regulations, may be found at: www.regents.nysed.gov/meetings/2012Meetings/June2012/612ppca3.pdf. The new regulations were approved on emergency basis. It is anticipated that they will be submitted for final approval by the Board of Regents in September, following completion of the public comment period. (August 6, 2012)

Final Report Regarding Exemptions from Licensure for Certain Agencies
Legislation enacted in 2010 provides an exemption from licensure as a psychologist, licensed master social worker, licensed clinical social worker, mental health counselor, marriage and family therapist, creative arts therapist or psychoanalyst for individuals in certain programs until July 1, 2013. Each exempt agency submitted to the State Education Department ("SED") a report on the utilization of personnel subject to the provisions of those sections of law in October 2011. The laws require that the Commissioner of Education prepare a report to the Legislature and Executive by July 1, 2012 recommending any amendments to law, rule or regulation necessary to fully implement the requirements for licensure by July 1, 2013. A draft report was shared with the exempt agencies, Legislature and Executive and posted on the OP website for public comments. The Department made minor changes to the report and provided it to the Commissioners of the exempt agencies, and we have included their responses in the report. The final report has been transmitted to the Governor, Speaker of the Assembly, Senate President pro tem and chairs of the Senate and Assembly Higher Education Committees. You can access the final report and its appendices at www.op.nysed.gov/surveys/mhpsw/exempt-finalreport.htm. (July 2, 2012)

New York State Medical Indemnity Fund Information for Providers
The Medical Indemnity Fund ("Fund") was established by Chapter 59 of the 2011 Session Laws of the State of New York. The Fund is designed to pay all future costs necessary to meet the health care needs of plaintiffs in medical malpractice actions who have received either court-approved settlements or judgments deeming the plaintiffs' neurological impairments to be birth-related. The Fund will pay or reimburse the cost of those health care services, supplies, equipment, and medications that the qualified plaintiff's physician, physician assistant or nurse practitioner has determined are necessary to meet the qualified plaintiff's health care needs. Such costs include those incurred for medical treatment, nursing care and dental care. For more information, please click on "NYS Medical Indemnity Fund Information" on our Consumers web page, or click on "Medical Indemnity Fund" under "Current Issues" on the New York State Department of Health website. (April 17, 2012)

Licensed Pharmacists as Immunizers
On December 3, 2008, amendments to the New York State Education Law went into effect, allowing pharmacists to immunize persons 18 years of age and older against influenza and pneumococcal disease (Chapter 563 of the Laws of 2008). Education Law §6801 requires pharmacist immunizers to report the administration of vaccine to the New York State Department of Health (NYSDOH). A survey was posted on the New York State Department of Health, Health Commerce System (HCS) on August 29, 2011 for these reporting purposes. A copy of the New York State Department of Health Bureau of Immunization Certified Pharmacist Immunizer Survey Report: 2008 – 2011, demonstrating the positive effects of pharmacists administering immunizations, can be found here. For additional information regarding pharmacists as immunizers, please visit the Department of Health’s website at www.health.ny.gov/prevention/immunization/providers/pharmacists_as_immunizers.htm. (April 4, 2012)

New Law Change Allows Non-Licensee Ownership in a Design Professional Corporation
Chapter 550 of the Laws of 2011 amends the Business Corporation Law and the Education Law to authorize a new type of professional service corporation to be known as a "design professional service corporation", or "D.P.C." Unlike existing business structures, design professional service corporations will have the flexibility of offering an ownership interest in the corporation to non-licensees. Chapter 550 also requires that greater than 75% of the stock be owned by design professionals, that greater than 75% of the directors and officers be licensed and registered design professionals, and that the largest single shareholder be a licensed and registered design professional or, with certain restrictions, an Employee Stock Ownership Plan (ESOP). The president, chief executive officer and the chair of the board of directors also must be licensed and registered design professionals. You can access additional information and frequently asked questions and answers at www.op.nysed.gov/corp/pcorpdpc.htm. (January 19, 2012)
 

More News

Waivers for 4410 Schools and Early Intervention Agencies
The Board of Regents discussed proposed regulations, to allow the Department to implement the provisions of Chapter 581 of the Laws of 2011. The law and regulations allow the Office of the Professions to issue a waiver from the corporate practice restrictions to qualified special education schools approved by the Education Department and early intervention agencies approved by the Department of Health. A summary of the proposed regulations and the notice of proposed rule-making was published in the State Register on January 11, 2012, for a 45-day period of public comment. Public comments may be submitted to Deputy Commissioner Douglas E. Lentivech at OPDEPCOM@mail.nysed.gov by February 25, 2012. If the Regents adopt the proposed regulations at their March 2012 meeting, they would take effect on April 11, 2012. (January 12, 2012)

Earn Credit for Three Hours of Continuing Education for Triennial Registration in Massage Therapy
As a licensed professional in New York State, it is your professional responsibility to know the laws, rules, and regulations governing the practice of massage therapy, to be alert to changes in those requirements, and to be aware of how these apply to your practice. To help keep you informed about these laws, rules, regulations and standards of practice, the Department has prepared a self-examination, which can also be used to gain credit for three hours of continuing education to be used once in each triennial registration period. Credited hours may not be carried from one triennial period to another, but the self-examination can be taken once in each triennial period. The questions will be changed at various intervals. To access the exam, click here. (January 6, 2012)

New Law Changes Entry-level Education Requirement for Licensure as a Physical Therapist
In August, 2011, the Governor signed Chapter 410 of the Laws of 2011 which established the entry level degree for a license as a physical therapist at the master’s level or higher in physical therapy or the equivalent. Applicants for licensure as a physical therapist will have to meet the new standard of a master’s degree or higher beginning August 17, 2012. (December 22, 2011)

Plans submitted by certain agencies exempt from licensure
Legislation enacted in 2010 provides an exemption from licensure as a psychologist, licensed master social worker, licensed clinical social worker, mental health counselor, marriage and family therapist, creative arts therapist or psychoanalyst for individuals in certain programs until July 1, 2013. The law requires each exempt agency to submit to the State Education Department ("SED") a report on the utilization of personnel subject to the provisions of those sections of law. You can access these plans on our website. We invite individuals, agencies and organizations to submit comments on each proposal through an on-line survey. You can access the survey at www.op.nysed.gov/surveys/mhpsw/exempt-agencies-survey.htm; the deadline to submit on-line comments is December 30, 2011.

Extension of deadline for certain entities to apply for a corporate practice waiver
The Board of Regents has amended section 59.14 of the Commissioner's Regulations on an emergency basis, effective September 20, 2011, to extend until February 1, 2012, the date by which certain entities must apply for a waiver from corporate practice restrictions. These revisions are required to conform the regulations to changes in section 6503-a of the Education Law, which was amended by Chapter 187 of the Laws of 2011. The amendments to section 59.14 (see PDF version) are published in the State Register of September 15, 2011 for a 45-day period of public comment; any comments should be submitted to OPDEPCOM@mail.nysed.gov by October 29, 2011. (Updated, September 14, 2011)

Board of Regents Approve Regulations for Mandatory Continuing Education for Licensed Massage Therapists
The Board of Regents approved regulations to implement the statutory requirement (§7807 the Education Law) that becomes effective on January 1, 2012, requiring 36 hours of mandatory continuing education for re-registration of licensed massage therapists every three years (see PDF version of the regulations). The regulations provide for a broad range of course content, learning activities and modes of study, including distance learning and online education. The requirement will be phased in during the first three years, so that those re-registering during that time period will only require the number of hours of continuing education attributable to the number of months from January 1, 2012 until their registration due dates, e.g. registration on July 1, 2012 would require six hours of continuing education. There is a provision for a one-year conditional registration for persons who for good cause have not completed the required hours. Questions and Answers are available on the Massage Therapy State Board web site, listed under Continuing Education. (Updated, September 13, 2011)

Deadline to Submit Waiver Applications Available for Qualified Not-for-Profit and Educational Corporations Extended to February 1, 2012
Governor Cuomo signed Chapter 187 of the Laws of 2011 on July 21, 2011, to extend until February 1, 2012, the deadline by which a not-for-profit or education entity must submit an application for the waiver. The Office of the Professions has posted applications for not-for-profit, religious and educational corporations that are seeking a waiver from the corporate practice prohibitions in the Education Law. The applications implement the provisions of Chapters 130 and 132 of the Laws of 2010, as amended by Chapter 187 of 2011, and reflect the regulations adopted by the Board of Regents in February 2011. The law and regulations allow the Office of the Professions to issue a waiver to qualified not-for-profit and educational corporations, to overcome the corporate practice prohibitions in Education Law. An entity that seeks a waiver must submit the application on or before February 1, 2012. [New: see updated FAQs for information on filing deadlines]. The entity may continue to provide professional services until the waiver application is approved or until the application is denied. (Updated, June 21, 2011)

Appointees Named to Advisory Committee on Long-Term Clinical Clerkships
The Department has announced the members of the Advisory Committee on Long-Term Clinical Clerkships. (July 1, 2011)

Appointment of Deputy Commissioner
On Tuesday, June 21, 2011, the Board of Regents unanimously voted to appoint Doug Lentivech as the Deputy Commissioner for the Professions. (June 22, 2011)

Board Members Sought
Nominations for professional and public representative members of the State Boards for Psychology and for Massage Therapy are sought by July 1, 2011. (May 18, 2011)

Podiatry Limited Residency Permits
The Council on Podiatric Medical Education (CPME) now requires that residency applicants pass both Parts I and II of the National Board examinations prior to beginning a residency program. Therefore, if you are applying for the first time for a Limited Residency Permit (LRP), you will have to achieve passing scores on both examinations to be granted a LRP. This does not apply to those already in a residency. (May 4, 2011)

Deputy Commissioner Muñoz Retires
Frank Muñoz, Deputy Commissioner for the Office of the Professions, retired from state service effective March 25, 2011. (March 3, 2011)

Waivers for Qualified Not-for-Profit and Educational Corporations
The Board of Regents approved emergency regulations, effective October 26, 2010 to allow the Department to implement the provisions of Chapters 130 and 132 of the Laws of 2010. The law and regulations allow the Office of the Professions to issue a waiver to qualified not-for-profit and educational corporations, to overcome the corporate practice prohibitions in Education Law. The notice of proposed rule-making will be published in the State Register on October 27, 2010. Public comments may be submitted to Deputy Commissioner Frank Muñoz at OPDEPCOM@mail.nysed.gov by December 11, 2010. It is anticipated that the Regents will adopt the proposed regulations on a permanent basis at the January 2011 meeting. (October 20, 2010)

Professional Assistance Program (PAP) for Dentists and Pharmacists
Chapter 549 of the Laws of 2010 allows the Professional Assistance Program (PAP), which assists professionals who have substance abuse problems but who have not harmed patients or clients, to accept pharmacists and dentists into the program in certain situations without having to surrender their license. Please section 6510-b(8). (October 6, 2010)

Revised Emergency Regulations for Social Work
At its September 13-14, 2010 meeting, the Board of Regents adopted revised emergency amendments to the Regulations of the Commissioner of Education relating to the licensure of licensed master social workers and licensed clinical social workers. The revision allows an applicant for the psychotherapy privilege, who started experience prior to January 1, 2011, to meet the requirements under the regulations in effect at that time. A Notice of Revised Rule Making with a summary of the proposed amendments was published in the State Register on September 29, 2010, and you can access the amendments on the September 2010 Regents page. As an emergency measure, the amendments will have to be approved again following a 30-day opportunity for the submission of comments. It is anticipated that amendments will considered for adoption on a permanent basis at the November 15-16, 2010 meeting of the Board of Regents. The official comment period on the amendments ends on October 29, 2010. Any comments should be submitted to Frank Muñoz, Deputy Commissioner for the Professions, New York State Education Department, 89 Washington Avenue, 2M, Albany, New York 12234 or opdepcom@mail.nysed.gov. (September 29, 2010)

Appointment of Executive Secretary for the State Boards of Dentistry and Optometry
Dr. Dolores Cottrell-Carson has been appointed as the new Executive Secretary for the State Boards for Dentistry and Optometry. Dr. Cottrell-Carson was formerly the Dental Director of the Anthony Jordon Health Center in Rochester, New York, as well as the Assistant Director of the Oral Health Technical Assistance Center, also located in Rochester. Dolores has a background in public health and clinical dentistry that makes her a valuable new member of our Office of the Professions team. Her appointment was made by the Board of Regents in May, and she joins us full-time Thursday, September 2nd. (September 2, 2010)

Amended Regulations for Mental Health Practitioners
The Board of Regents approved amendments to the regulations for the licensure of mental health counselors, marriage and family therapists, creative arts therapists and psychoanalysts on June 22, 2010. This approval follows and takes into account an assessment of public comments received following the publication of the proposed amendments in the State Register in March 2010. The text of the regulations, can be accessed on this site.

These amendments took effect on July 14, 2010. Revised application forms and updated instructions will be posted on the Office of the Professions website shortly. (July 16, 2010)

Exemptions for Provision of Psychotherapy Services
Articles 153, 154 and 163 of Title VIII the Education Law authorize the licensure of Psychologists, Licensed Clinical Social Workers, Licensed Master Social Workers, Licensed Mental Health Counselors, Licensed Marriage and Family Therapists, Licensed Creative Arts Therapists, and Licensed Psychoanalysts and restrict the practice of those professions to persons licensed or otherwise authorized.

An exemption in the law currently allows an individual employed in a program that is regulated, operated, funded or approved by the Office of Mental Health (OMH), Office of Mental Retardation and Developmental Disabilities (OMRDD), Office of Alcoholism and Substance Abuse Services (OASAS), Office of Children and Family Services (OCFS), or a local social service or mental hygiene district to provide psychotherapy and other services that would otherwise be restricted to those licensed under Title VIII of the Education Law.

Chapters 130 and 132 of the Laws of 2010 have been signed by Governor Paterson. The laws extend the exemption until July 1, 2013 and address other issues critical to the ongoing provision of mental health services in community-based settings. We are working as quickly as possible to develop the regulations and forms that are necessary to implement these new laws. Please visit our website for updates in the coming weeks. Chapters 130 and 132 can be accessed on the Legislature's site at public.leginfo.state.ny.us/menuf.cgi. (June 23, 2010)

American Express Accepted for Online Renewals
Since August 2007, New York State professional licensees have been using the Office of the Professions’ Online Registration Renewal system to renew the registration of their license. The system has accepted only Visa or MasterCard for payment of the registration fee.

We are happy to announce that effective May 24, 2010, to better serve our customers, an update to our Online Registration Renewal system will also allow American Express payments.

Please see our registration renewal information page for more detail and the link to log on to the renewal system. (May 21, 2010)

Expiration of H1N1 Disaster Emergency Declaration
On October 28, Governor Paterson signed Executive Order 29 declaring a disaster emergency in New York. The Executive Order was extended several times, but expired April 17, 2010. (April 20, 2010)

Medication Reviews by PTs
An agreement between the State Board for Physical Therapy and the Department of Health regarding medication reviews by physical therapists. (February 2, 2010)

Appointment of Deputy Commissioner
On Tuesday, December 15, 2009, the Board of Regents unanimously voted to appoint Frank Muñoz as the Deputy Commissioner for the Professions. (December 15, 2009)

Retired CPAs
Under certain conditions, retired CPAs serving on boards of directors of both for-profit and not-for-profit organizations may do so in “retired” or inactive status. (December 14, 2009)

New Site Design
The Office of the Professions has redesigned its website. (December 1, 2009)

Registration Fee Surcharge
The professional licensing registration fees for new applicants and the re-registration fees for current licensees will be increased by a 15% surcharge effective September 25, 2009. This new law applies to all professions licensed under Title VIII of the Education Law except Physician, Physician Assistant, and Specialist Assistant.
  • New applicants: Applicants for professional licenses whose payments are received on or after September 25, 2009 will pay fees that include the new 15% surcharge. Select the License Requirements section of the web page for your profession for exact charges.
  • Current licensees: Beginning September 25, 2009, re-registration bills mailed to current licensees will reflect the new 15% surcharge.
Please see our Questions & Answer page on this topic. (October 1, 2009)

Pharmacy Regulation Changes
Recent changes in Rules of the Board of Regents and Regulations of the Commissioner of Education have been implemented effective August 20, 2009. Changes to Part 29.7(a)(2), 29.7(a)(8)(v) and Part 63.6 provide a mechanism for pharmacists to maintain many records electronically. Changes to Part 63.3 provide applicants for licensure in pharmacy who chose to pursue an accredited residency program an alternative to the practical examination (Part III). (August 26, 2009)

Restrictions on Consecutive Hours of Work for Nurses Law
Section 167 of the Labor Law, went into effect on July 1, 2009. Section 167 prohibits health care employers from mandating overtime for nurses, and stipulates the conditions under which exceptions to this rule may be made. The New York State Department of Labor (NYS DOL) is responsible for enforcement of this law and has posted information on their website. (July 1, 2009)

It should be noted however, that this new law permits voluntary overtime without restriction. Given the extensive literature and evidence from a broad base of professions and occupations on the positive correlation between number of hours worked and effects on job function and errors, the New York State Board for Nursing took the following position on voluntary overtime before enactment of this new law: Nurses, who voluntarily work beyond their normally scheduled hours in a situation which is not a declared emergency, must be able to demonstrate that they are competent to perform their professional responsibilities. Voluntarily working beyond 16 hours in a 24 hour time period will be considered by the New York State Board for Nursing as a factor in determining the willful disregard of patient safety by nurses and will be subject to a potential charge of unprofessional conduct. (added July 27, 2009)


Photo ID Cards
The Office of the Professions is now offering all NYS licensed and registered professionals the opportunity to be issued a professional photo ID card. (December 1, 2006)

Employment Opportunities in Shortage Areas
Immediate employment opportunities are available with the New York City Department of Education in the areas of monolingual and bilingual speech services, bilingual school psychology, occupational therapy and physical therapy. License holders in psychology and speech-language pathology who do not hold school certification should review regulatory provisions approved by the Board of Regents in July, 2005. Experience gained in non-school settings may be given to bilingual psychologists and bilingual speech-language pathologists. Additional information on opportunities or scholarship assistance can be obtained by contacting the New York City Department of Education: schools.nyc.gov/teachnyc/ External Link Icon(April 30, 2007)

Regents Scholarship Opportunities
Regents Professional Opportunity Scholarships are available annually to New York State residents who are economically disadvantaged and/or members of an underrepresented minority group and who are beginning or engaged in an approved program leading to a degree in an eligible profession licensed by the Regents. Award winners receive up to $5,000 per year, for a maximum of four academic years. Information and applications can be found on the Office of Higher Education's (OHE) Website. Information and applications for the Regents Health Care Scholarship in Medicine and Dentistry and the Regents Physician Loan Forgiveness Program are also available on the OHE Web site.

Reports to the Board of Regents
A series of informational reports to the New York State Board of Regents on emerging issues affecting the professions.
Last Updated: April 7, 2014