NYSED Regulation of Interest

July 28, 2021

Today the New York State Education Department (NYSED) published an Emergency Rule Making and Notice of Adoption (effective today) in the State Register related to Addressing the COVID-19 Crisis.  As you are aware, as of June 25, 2021, the state of emergency here in NY is no longer in effect.  However, the COVID-19 crisis continues to affect the State of New York. Therefore, to address additional issues resulting from the interruptions caused by the COVID-19 crisis and to provide additional regulatory flexibility, the Department is proposing further emergency regulatory amendments includes the following (provisions of interest included):

In-Person Supervision Experience Requirements: At its February 2021 meeting the Board permanently adopted amendments to Sections 74.6(c)(1)(v), 74.6(d)(1)(v), 79-9.3(c), 79- 10.3(d), 79-11.3(c), and 79-12.3(c) of the Commissioner’s regulations granting an exemption for in-person supervision experience requirements for licensed clinical social work, licensed master social work, mental health counseling, marriage and family counseling, creative arts therapy, and psychoanalysis where such in-person supervision could not be completed due to the state of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis. Again, because the state of emergency is no longer in effect, the Department proposes to amend such sections to remove language referencing the state of emergency in order to continue to provide the above flexibility for individuals impacted by the COVID-19 crisis.

Social Work Experience Requirements: At its February 2021 meeting, the Board permanently adopted amendments to section 52.3 of the Commissioner’s regulation to allow the Department to modify professional educational program requirements for professional licensure, to the extent authorized by law, if such requirements cannot be successfully completed due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis. In order to continue this flexibility beyond the expiration of the state of emergency for the profession of Social Work, the Department proposes to amend section 52.30 of the Commissioner’s regulations to permit the Department to modify, to the extent authorized by law, the field experience, practicums or other such experience requirements relative to registered programs for licensed master social work and licensed clinical social work recognized as leading to licensure in licensed master social work and licensed clinical social work for individuals impacted by the COVID-19 crisis.

Please let us know if you have any questions.  See attached document.