News & Reports

Opportunity for Stakeholder Input
On Monday, July 30, 2018, from 1:00 – 3:00 pm, NYSED will gather 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.

Prior to promulgating regulations to implement Chapter 57 and no later than September 30, 2018, the legislation requires the Department, in consultation with the executive agencies, to develop formal guidance for service providers authorized to operate under the respective executive agencies, to identify the tasks and functions performed by each agency’s service provider workforce categorized as tasks and functions restricted to licensed personnel including tasks and functions that do not require a license under Articles 153, 154 and 163 of the Education Law.

You can access Chapter 57 of the Laws of 2018 at public.leginfo.state.ny.us/navigate.cgi.

The purpose of this meeting is to provide an opportunity for stakeholders to offer input to the Department prior to the issuance of formal guidance. You may wish to comment on one or more of the following issues, or other topics that you find relevant:

  1. Specific terms that should be clarified in departmental guidance.
  2. Specific tasks and functions, not already identified in law or regulation, that must be performed by licensed persons that should be clarified in departmental guidance.
  3. Specific tasks and functions, not already identified in law or regulation, that do not require licensure that should be clarified in departmental guidance.
  4. Challenges in recruiting and retaining qualified licensees in the social work, psychology and mental health practitioner professions.
  5. Systems to insure appropriate supervision of unlicensed staff providing services as part of a multi-disciplinary team in a program that is regulated, operated, funded or approved by an exempt executive agency.

Persons who wish to present pertinent testimony should complete and return the reply form as soon as possible. It is important that the reply form be fully completed and timely returned so that persons may be notified in the event of emergency postponement or cancellation. The event will take place at the State Education Department’s offices at 89 Washington Ave, Albany, NY 12234 in meeting rooms 5A & B.

Oral testimony will be limited to 10-minute durations. Organizations bringing more than one individual to testify on its behalf will have 10 minutes as a group to present testimony. Individuals and organizations wishing to present testimony must register with the State Education Department by email to opdepcom@nysed.gov by July 26, 2018.

The Department will attempt to schedule all speakers within the set time period but cannot guarantee that late responses will be accommodated. In preparing the order of speakers, the Department will attempt to accommodate individual requests to speak at particular times in view of special circumstances, to the extent practicable. However, these requests should be made on the attached reply form as soon as possible. The names, titles and email addresses of the individuals who will be presenting testimony must be included in the registration email, as well as the names of any observers. Anyone presenting oral testimony must also submit 5 copies of the written testimony on the day of the hearing.

In order to meet the needs of those who may have a disability, the Department, in accordance with its policy of non-discrimination on the basis of disability, as well as the 1990 Americas with Disabilities Act (ADA), has made its facilities and services available to all individuals with disabilities. For individuals with disabilities, accommodations will be provided, upon reasonable request, to afford such individuals access and admission. Please include such requests on the response form.

Proposed Amendment to Section 63.9 of the Regulations of the Commissioner of Education Relating to Administration of Immunizations by Pharmacists
On April 12, 2018, the Governor signed Chapter 57 of the Laws of 2018 (Chapter 57), that included Part DD, which, effective immediately, among other things, amended the Education Law to make seasonal influenza vaccines more readily available to children by authorizing licensed certified pharmacists to execute patient specific and non-patient specific orders prescribed by a physician or nurse practitioner to administer influenza vaccine to children between two and 18 years of age. Subsequently, on June 12, 2018, the Board of Regents adopted, as an emergency action, amendments to section 63.9 of the Regulations of the Commissioner of Education to implement Part DD of Chapter 57 by conforming the terms of the regulation to it. On July 16, 2018, the Board of Regents adopted, a second emergency action, in order to ensure that the emergency rule will remain continuously in effect, until it can be permanently adopted at the September 2018 Regents meeting, after a 60-day comment period, and take effect as a permanent rule on October 3, 2018. www.regents.nysed.gov/common/regents/files/718brca9.pdf

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. More information along with a summary of the affected licensed professionals and employment settings can be found on our web site.

Special information for certain applicants for a license as a professional geologist
The application process for licensing in the profession of geology, relating to the admission of applicants under the grandparenting provisions, is nearing completion. However, we still have a small number of applicants that have submitted their applications within the appropriate timeframe, but have not been completely reviewed by the department. If you have submitted a complete and timely application but have not had your application reviewed by the department, the department will take no action to discontinue your practice and you may continue to provide the services that will now be restricted under the geology licensing laws until the department makes a determination upon the materials that you have submitted. If at any time the department should inform you that your application is not acceptable, you will need to discontinue providing any restricted geological services and could face prosecution from the department. Should you have a business entity seeking approval from the department, but the business entity is similarly awaiting the approval of individuals, as noted above, and has submitted an application within the same time period, the department will exercise similar discretion, and those corporations may continue to provide restricted geological services. However, similarly, should the department inform the business entity that the application is unacceptable for any reason, the entity should cease providing restricted geological services. The number of businesses (and applicants) awaiting our approval is quite small, and we are processing them rapidly, but we do understand the need for continuity as this new law becomes effective.

Regents Physician Loan Forgiveness Award Program
The Regents Physician Loan Forgiveness Award Program’s purpose is to increase the number of physicians practicing in areas of New York State designated by the New York State Board of Regents as having a shortage of physicians. The 2018 program can award a maximum of 80 applicants up to $10,000 per year for two years, if they meet the eligibility criteria. The deadline for applications is July 2, 2018.

Eligibility information and application forms are available at: www.highered.nysed.gov/kiap/scholarships/rplfap.htm

Expedited Licensing Services for Military Spouses Relocated to New York State
The New York State Education Department's Office of the Professions is pleased to announce expedited licensing services for certain spouses of members of the military who are transferred by the military to New York State.

Chapter 299 of the Laws of 2016 amends Education Law §6501 to provide for the expedited licensing of military spouses who, among other things, hold out-of-state professional licenses for which the requirements for licensure of such other state are substantially equivalent to the requirements for licensure in this state. This law is effective March 8, 2017.

Instructions and forms for these expedited licensing services is now available on our website.

Amendment to Section 61.10 of the Regulations of the Commissioner of Education Relating to the Dental Anesthesia Certification Requirements for Licensed Dentists.
On December 13, 2016, the Board of Regents adopted amendments to section 61.10 of the Regulations of the Commissioner of Education that redefine the types of anesthesia used by licensed dentists, with anesthesia certification, to conform the regulation’s definitions with the definitions used by the American Dental Association (ADA). The amendments also establish new certifications for administering conscious (moderate) parenteral anesthesia and conscious (moderate) enteral anesthesia and includes a requirement for separate certifications for the administration of those types of anesthesia to pediatric patients aged 12 and under. The amendments to subdivisions (a) and (d) of section 61.10 are effective July 1, 2017 and the amendments to subdivisions (b) and (c) of section 61.10 are effective January 1, 2018. The amended regulation can found here: www.op.nysed.gov/prof/dent/part61.htm

First Online Professional Licensing Applications Available
The New York State Education Department's Office of the Professions (OP) is pleased to announce that Nursing and Occupational Therapy applicants may now submit initial applications for licensure online. Applicants for Registered Professional Nursing (RN), Licensed Practical Nursing (LPN), Occupational Therapy, and Occupational Therapy Assistant licenses can use links found on OP’s licensing pages to access online Form 1 applications. This is the first opportunity that applicants for professional licensing have had to apply online and pay their application and first registration fee using a credit card. The new online application service is in development for all of OP’s licensed professions in an effort to improve customer service.

Read SED's Press Release.

The online Form 1 applications for RN and LPN are available on the Nursing Application Forms page.

The online Form 1 applications for Occupational Therapy are available on the Occupational Therapy Application Forms page.

Licensed professionals and parents/caregivers of school-age students should be aware of changes in the immunization requirements for school attendance
Changes made to the school immunization requirements for the 2016-17 school year:

  • Students entering grade 7 are required to receive one dose of meningococcal conjugate vaccine (MenACWY; sometimes abbreviated as MCV4; brand names Menactra or Menveo).
  • Students entering grade 12 are required to receive two doses of MenACWY vaccine. However, if the first dose was received at age 16 years or older, then only one dose will be required.
  • Students entering pre-kindergarten, nursery school or day care on or after September 1, 2016 must have received immunization against polio in accordance with ACIP minimum intervals.
  • All other vaccine requirements established for the 2015-16 school year remain in effect. Refer to the New York State Immunization Requirements for School Entrance/Attendance pdf for the 2016-17 school year for further details.

More information is available in the Immunization Guidelines for Schools pdf, updated August 2016.

It is very important that providers review the information provided by NYSDOH on the new meningococcal vaccine, since the type of vaccine and at what ages it must be given.  Providers need to be aware that a child in their practice who is not vaccinated according to the new requirements may be unable to attend school until they receive the correct vaccine, at the correct age(s), and at the correct intervals. A Q&A for Healthcare Providers pdf is also available.

Mandatory Continuing Education Requirements for Mental Health Practitioners
The Board of Regents has approved regulations to implement the mandatory continuing education (CE) requirement for licensed mental health counselors, marriage and family therapists, creative arts therapists and psychoanalysts, effective January 1, 2017. The approved regulations are posted at: www.op.nysed.gov/prof/mhp/mhplaw.htm. After January 1, 2017, to maintain licensure, a licensee will have to complete 36 hours of CE during each three-year registration period, from a provider approved by the Department. The State Board will develop and post applications for eligible entities seeking to become an approved CE provider on the web in the coming weeks, so that applications can be reviewed, and where appropriate approved, prior to January 1, 2017. This will allow licensees to complete the required CE from Department-approved providers after January 1, 2017, which they must do in order to be eligible to register and maintain standing to practice in New York State. Please check our website in the coming weeks for the CE provider applications and frequently asked questions about the new law and regulations.

Connecticut law regarding social work licensure without examination does not impact New York social work licensure requirements
A recent statutory change in Connecticut law allows an individual who received a master's degree in social work on or before October 1, 2013, from a program accredited by the Council on Social Work Education (CSWE), to apply for licensure as a Licensed Master Social Worker (LMSW) without examination before October 1, 2015. The New York State Board for Social Work has received several questions as to whether an individual licensed without examination in Connecticut could be licensed as a LMSW in New York, without meeting the examination requirement in New York law.

There is no reciprocity for a professional license as an LMSW in New York. A social worker licensed at the entry level (e.g., LMSW) in another jurisdiction, who seeks licensure in New York, must meet the same requirements as any other applicant in New York. More information can be found on our web site at www.op.nysed.gov/prof/sw/.

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, 2018 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 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
www.health.ny.gov/diseases/communicable/ebola/

The Centers for Disease Control and Prevention
www.cdc.gov/vhf/ebola

(10/20/14)
 
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)
 
Updates:
  • 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)

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.
Last Updated: July 17, 2018