News & Reports
- Physical Therapy Practice Alerts Now Available
The State Education Department's Physical Therapy web page has been updated to include a series of practice alerts, intended to provide physical therapists, physical therapist assistants, and the public they serve with useful information on a variety of topics. Those topics include referrals, supervision, delegation of tasks, advertising, practice issues, recordkeeping, and permissible business entities. Developed in collaboration with the State Board for Physical Therapy, it is anticipated that the practice alerts will promote good practice and address many frequently asked questions. New alerts will be added as they become available. The alerts can be found on our web site at www.op.nysed.gov/prof/pt/ptalerts.htm.
- Report to the Legislature and Executive Regarding the Exemption from Licensure for Social Workers, Psychologists and Mental Health Practitioners pursuant to Chapter 57 of the Laws of 2013
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 those individuals employed in programs that are operated, regulated, approved or funded by certain state or local government agencies. The law also required the State Education Department, in consultation with the affected agencies, professional associations, providers and consumers, to issue a report to the Governor and Legislature regarding the implementation of the law. The report and alternative recommendations from the commissioners of those exempt agencies was transmitted to the Governor, Speaker of the Assembly, Senate President pro tem and chairs of the Senate and Assembly Higher Education Committees on February 3, 2015. You can access the 2015 report and additional information about the licensing laws and exemptions on our web site at www.op.nysed.gov/surveys/mhpsw/exempt-agencies-overview.htm.
- Nominations to Regent’s Advisory Committee on Long-Term Clinical Clerkships Sought
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 hospital representative on the Regent’s Advisory Committee on Long-Term Clinical Clerkships. As required by the Rules of the Board of Regents, the committee includes a representative of the Department of Health, physicians experienced in the evaluation of medical education programs, representatives of international medical schools approved by the Department, representatives of medical schools registered in New York State, and representatives of hospitals that serve as sites for clinical clerkships in New York State.
The committee advises the Board of Regents regarding the standards and process in assessing applications by international medical schools for approval to place their students in long-term clinical clerkships in New York State. The committee typically meets twice a year on the fourth Friday of April and October. More information about the Rules of the Board of Regents and the Regulations of the Commissioner of Education relating to the approval of dual-campus international medical schools seeking to place their students in long-term clinical clerkships in New York State can be found in the materials for the June 2011 meeting of the Board of Regents and the April 2012 meeting of the Board of Regents.
Nominees should send a letter of interest and CV no later than February 15, 2015 to: IMSADVISCOMM@nysed.gov.
- Licensure of Professional Geologist
On Friday, November 21, 2014 the Governor signed Chapter 475 of the Laws of 2014 that provides for the licensure of professional geologists under Title VIII of the Education Law. The Law does not take effect until November 2016.
Under the provisions of the new law, Geology will be added to the current State Board for Engineering and Land Surveying. To implement the licensing provisions, the Board of Regents must first appoint qualified geologists to the board. The State Board will assist the Regents and the Department in developing regulations necessary to license qualified individuals in the new profession. Please check back for additional updates in the coming months.
- Information Relating to Ebola
- The New York State Department of Health has sought assistance from the New York State Education Department with its public health efforts to disseminate some information relating to Ebola. It is important for licensed health care professionals to stay informed about the current Ebola outbreaks and have access to up-to-date, reliable information as events unfold. For more information on Ebola outbreaks and infection control measures, health care professionals should visit the following websites:
The New York State Department of Health
The Centers for Disease Control and Prevention
The New York City Department of Health and Mental Hygiene
- Survey of Programs and Agencies Exempt from Licensure Laws
- Survey of programs and agencies exempt from licensure laws Chapter 57 of the Laws of 2013 extended and expanded the exemption from licensure for individuals employed in programs under the oversight of certain state and local agencies. In 2013, the Education Department, in consultation with the Executive and exempt State agencies (OMH, OPWDD, OASAS, OCFS, OTDA, DOH, DOCCS and OFA), developed an online survey to collect information from programs and agencies that provide one or more of the five restricted services identified in law. The Office of the Professions (OP) compiled the results and, based on these findings, OP has now developed a supplemental survey to collect information from programs and agencies. The response to these questions will comply with the statutory requirement that the exempt agencies submit information about the number and occupational title of individuals who are not licensed as of July 1, 2014. Programs and agencies that did not submit the 2013 survey will also have the opportunity to answer those questions when completing the 2014 survey. Eligible programs can access the online survey at: www.surveymonkey.com/s/SWMHPAug2014. Please complete this survey by Monday, September 15, 2014. (8/5/14)
- Report to the Legislature Regarding Collaborative Drug Therapy Management (CDTM) Pilot Project pursuant to Chapter 21 of the laws of 2011 now available
- The law defined the parameters of practice in which pharmacists and physicians can collaborate in order to attain more effective therapeutic outcomes. CDTM was authorized within the State’s teaching hospitals. The act also requires the Department, in consultation with the Department of Health, to prepare a report to the legislature on the implementation in New York State. The required 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. (5/13/14)
- 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 months. (1/23/14)
- On April 29, 2014, the Board of Regents appointed Kathleen M. Doyle, Ph.D., to the new position of Executive Secretary to the State Board for Applied Behavior Analysis, effective immediately. (5/14/14)
- Call for Nominations: The Department is actively soliciting nominations for individuals interested in an appointment as a licensed behavior analyst, certified behavior analyst assistant, psychologist or public representative of the State Board for Applied Behavior Analysis. (5/16/14)
- Application forms for individuals eligible for licensure/certification under the grandparenting provisions, information about standard licensing/certification provisions, and the next steps in the implementation of the new licensure law are now available. (6/3/14)
- 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)
- 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)
- 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@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 November 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@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)
- 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)
- 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@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)
- 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@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)
- 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)
- 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 firstname.lastname@example.org. (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.
- 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)
- 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.