Notice of Extension of Exemption from Licensure for Social Workers

Members, you may recall that earlier this year the NYS Legislature passed legislation that calls for full implementation of the 2002 social work and other licensed mental health provider licensing laws – effectively ending the 14-year licensure exemption.

The licensure exemption was set to expire on July 1, 2018, but current license exemptions in the social work, mental health, and psychology professions have been extended beyond July 1, 2018, until NYSED develops formal guidance for service providers. Guidance and regulations are expected to be completed by September 30, 2018, whereby exemptions will then continue until one year after NYSED issues such regulations. Please stay tuned for more updates.

In the meantime, please see the following notice on summary of the affected licensed professionals and employment settings provided by NYSED. More information along with a summary of the affected licensed professionals and employment settings can be found on our their website.

 

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 VI,” 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.

 

Source: New York State Education Department (last updated July 2, 2018)
http://www.op.nysed.gov/surveys/mhpsw/exempt-agencies-overview.htm