June 1, 2022

Following up:
The Assembly version of two bills that are now ‘same as’ that were introduced to address the unlicensed staff scope of practice issue we have been working on was amended yesterday (Senate bill had been previously amended). The amended language simplifies significantly (new text is in green directly below) the language that is the primary objective of the legislation.  The bills would permit unlicensed staff to continue to carry out the tasks and activities that are referred to in SED statute as ‘clinical in nature’, under appropriate supervision and as part of a multidisciplinary team, upon the sunset of the current exemption of our workforce.  This act would take effect 6/24/22.  Unclear whether these bills will move.  We are on it.

provided,  however,  such  services  that are clinical in
    19  nature may be delivered by persons serving in programs under the  juris-
    20  diction  of  the  department  of  mental hygiene, while under a level of
    21  supervision by a licensed professional as determined by the  appropriate
    22  mental hygiene commissioner;

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7409--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 7, 2021
                                       ___________
 
        Introduced  by  M. of A. CUSICK, McDONALD, KELLES, BRABENEC -- read once
          and referred to the Committee on Higher Education  --  recommitted  to
          the  Committee on Higher Education in accordance with Assembly Rule 3,
          sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee
 
        AN  ACT  to  amend  the  education  law,  in relation to the delivery of
          services that are clinical in nature
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Clause 14 of subparagraph (ii) of paragraph (c) of subdivi-
     2  sion 10 of section 7605 of the education law, as amended by section 2 of
     3  part Y of chapter 57 of the laws of 2018, is amended to read as follows:
     4    (14)  directly  delivering  services outlined in the service plan that
     5  are not clinical in nature but have been tailored to an individual based
     6  on any diagnoses such individual  may  have  received  from  a  licensed
     7  professional,  provided,  however,  such  services  that are clinical in
     8  nature may be delivered by persons serving in programs under the  juris-
     9  diction  of  the  department  of  mental hygiene, while under a level of
    10  supervision by a licensed professional as determined by the  appropriate
    11  mental hygiene commissioner; and
    12    §  2. Clause 14 of subparagraph (ii) of paragraph (c) of subdivision 7
    13  of section 7706 of the education law, as amended by section 4 of part  Y
    14  of chapter 57 of the laws of 2018, is amended to read as follows:
    15    (14)  directly  delivering  services outlined in the service plan that
    16  are not clinical in nature but have been tailored to an individual based
    17  on any diagnoses such individual  may  have  received  from  a  licensed
    18  professional,  provided,  however,  such  services  that are clinical in
    19  nature may be delivered by persons serving in programs under the  juris-
    20  diction  of  the  department  of  mental hygiene, while under a level of
    21  supervision by a licensed professional as determined by the  appropriate
    22  mental hygiene commissioner; and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11070-03-2

        A. 7409--A                          2
 
     1    §  3. Clause 14 of subparagraph (ii) of paragraph (c) of subdivision 8
     2  of section 8410 of the education law, as amended by section 5 of part  Y
     3  of chapter 57 of the laws of 2018, is amended to read as follows:
     4    (14)  directly  delivering  services outlined in the service plan that
     5  are not clinical in nature but have been tailored to an individual based
     6  on any diagnoses such individual  may  have  received  from  a  licensed
     7  professional,  provided,  however,  such  services  that are clinical in
     8  nature may be delivered by persons serving in programs under the  juris-
     9  diction  of  the  department  of  mental hygiene, while under a level of
    10  supervision by a licensed professional as determined by the  appropriate
    11  mental hygiene commissioner; and
    12    § 4. This act shall take effect June 24, 2022.