Guidelines to Implement Part Y of Chapter 57 of the Laws of 2018

Part Y of Chapter 57 of the Laws of 2018 required the State Education Department to issue formal guidance to service providers authorized  to operate under certain executive agencies to provide services within the scopes of practice of social work, psychology, and mental health practitioners. This guidance identifies tasks and services that do (and do not) require a license under Articles 153, 154, and 163 of the Education Law and addresses many frequently asked questions that the Department has received since the enactment of Part Y.


Opportunity for Stakeholder Input

On Monday, July 30, 2018 NYSED gathered input from impacted stakeholders on the required implementation of Part Y of Chapter 57 of the Laws of 2018, which amended Articles 153 (Psychology), 154 (Social Work), and 163 (Mental Health Practitioners) of the State Education Law. Copies of submitted testimony are below. NYSED will continue to accept comments until August 15, 2018. Written statements should be submitted via email to opdepcom@nysed.gov.


Extension of Exemptions from Licensure for Social Workers, Mental Health Practitioners, and Psychologists

Current license exemptions are extended beyond July 1, 2018

The 2018-19 State Budget includes amendments to Education Law that extend current exemptions in the licensed social work, mental health, and psychology professions. Here is a summary of the affected licensed professionals and employment settings:

Licensed Professionals Exempt Employment Settings
  • Creative Arts Therapists
  • Licensed Clinical Social Workers
  • Licensed Master Social Workers
  • Marriage and Family Therapists
  • Mental Health Counselors
  • Psychoanalysts
Employees of a program or service operated, regulated, funded, or approved by the following:
  • Department of Mental Hygiene (OMH, OPWDD & OASAS)
  • Office of Children and Family Services
  • Office of Temporary and Disability Assistance
  • Department of Corrections and Community Supervision
  • State Office for the Aging
  • Department of Health
  • Local governmental unit1
  • Social services district2
  • Psychologists
Employees of a program or service operated, regulated, funded, or approved by the following:
  • Department of Mental Hygiene (OMH, OPWDD & OASAS)
  • Office of Children and Family Services
  • Local governmental unit1
  • Social services district2

1Per Article 41 of the Mental Hygiene Law
2Per section 61 of the Social Services Law

These exemptions will continue until one year after the Board of Regents adopts regulations to implement the amended law. The amendments also expand the list of activities that do not require licensure and make provisions for current employees in the exempt settings. To view the details of the amendments, please see Chapter 57 (Part Y) of the Laws of 2018 at public.leginfo.state.ny.us/navigate.cgi (see “Budget,” then “Article VII,” then “Health and Mental Hygiene”). Please note that the permanent exemption for psychologists in Section 7605(1) of Article 153 employed in salaried positions operated by the Department of Mental Hygiene agencies, as well as other specified settings, is not affected by this amendment.

Several steps lie ahead. First, the law requires the Department to develop formal guidance for service providers by September 30, 2018. This guidance will identify tasks and services that do (and do not) require licensure. This will be followed by the adoption of regulations and then by reports required by the legislation.

This page will be updated when additional information on the implentation of the law becomes available.


Report on exemptions from licensure

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 website at:

2015 Report on Exemptions from Licensure

2012 Report on exemptions from licensure

Chapters 130 and 132 of the Laws of 2010 required each exempt agency to submit to the State Education Department a report on the utilization of personnel subject to the provisions of the licensing laws. The Commissioner of Education submitted a report to the Legislature and Executive on July 1, 2012 recommending any amendments to law, rule or regulation necessary to fully implement the requirements for licensure by July 1, 2013. You can access the 2012 report on our website at:

2012 Report on Exemptions from Licensure

You can access the reports that were submitted by the exempt agencies in compliance with the 2010 laws on our website at:

www.op.nysed.gov/surveys/mhpsw/exempt-agencyrpts.htm

Last Updated: October 1, 2018