§ 7706 — Exempt persons

§ 7706. Exempt persons. Nothing contained in this article shall be\nconstrued to:\n 1. Apply to the practice, conduct, activities, services or use of any\ntitle by any person licensed or otherwise authorized to practice\nmedicine within the state pursuant to article one hundred thirty-one of\nthis title or by any person registered to perform services as a\nphysician assistant within the state pursuant to article one hundred\nthirty-one-B of this title or by any person licensed or otherwise\nauthorized to practice psychology within this state pursuant to article\none hundred fifty-three of this title or by any person licensed or\notherwise authorized to practice nursing as a registered professional\nnurse or nurse practitioner within this state pursuant to article one\nhundred thirty-nine of this title or by any person licensed or otherwise\nauthorized to practice occupational therapy within this state pursuant\nto article one hundred fifty-six of this title or by any person licensed\nor otherwise authorized to practice mental health counseling, marriage\nand family therapy, creative arts therapy, or psychoanalysis within the\nstate pursuant to article one hundred sixty-three of this title or by\nany person licensed or otherwise authorized to practice applied behavior\nanalysis within the state pursuant to article one hundred sixty-seven of\nthis title; provided, however, that no physician, physician assistant,\nregistered professional nurse, nurse practitioner, psychologist,\noccupational therapist, licensed mental health counselor, licensed\nmarriage and family therapist, licensed creative arts therapist,\nlicensed psychoanalyst, licensed behavior analyst or certified behavior\nanalyst assistant may use the titles "licensed clinical social worker"\nor "licensed master social worker", unless licensed under this article.\n 2. Prevent or prohibit an individual possessing a baccalaureate of\nsocial work degree or its equivalent from the performance of activities\nand services within the scope of practice of licensed master social work\nas defined in paragraphs (a) and (b) of subdivision one of section\nseventy-seven hundred one of this article under supervision by a\nlicensed master social worker, a licensed clinical social worker or in\naccordance with the commissioner's regulations.\n 3. Prevent or prohibit a licensed master social worker from the\nperformance of activities and services within the scope of practice of\nlicensed clinical social work as defined in subdivision two of section\nseventy-seven hundred one of this article in a facility setting and\nunder supervision in accordance with the commissioner's regulations.\n 4. Prevent or prohibit the performance of activities and services\nwithin the scope of practice of licensed master social work as defined\nin subdivision one of section seventy-seven hundred one of this article\nby individuals, churches, schools, teachers, organizations, or\nnot-for-profit businesses which are providing instruction, advice,\nsupport, encouragement or information to individuals, families and\nrelational groups.\n 5. Prevent or prohibit the performance of activities and services\nwithin the scope of practice of licensed master social work or licensed\nclinical social work as defined in section seventy-seven hundred one of\nthis article by the following:\n (a) any individual who is credentialed under any law, including\nattorneys, rape crisis counselors, credentialed alcoholism and substance\nabuse counselors whose scope of practice includes the practices defined\nin section seventy-seven hundred one of this article from performing or\nclaiming to perform work authorized by applicable provisions of this\nchapter and the mental hygiene law;\n (b) provision of pastoral counseling services by any member of the\nclergy or christian science practitioner, from providing pastoral\ncounselling services within the context of his or her ministerial charge\nor obligation;\n (c) students who are enrolled in a baccalaureate of social work or\nprofessional graduate level social work program of study, and which are\nrequired to perform as part of the field work component of that program,\nservices provided under the supervision of a field work supervisor\napproved by the program;\n (d) on the part of a student or trainee who is enrolled in an\ninstitution or program registered by the department or accredited by an\naccrediting organization acceptable to the department to provide\ntraining in a discipline or profession, other than social work or\nclinical social work, that is licensed pursuant to this title, where\nsuch activities and services are authorized within the definition of the\nscope of practice of the profession, or discipline in which he or she is\nbeing trained as set forth in the education law or the commissioner's\nregulations, provided that such services are performed under the regular\nand ongoing supervision of a licensee in the profession or discipline in\nwhich he or she is being trained who assumes professional responsibility\nfor the services performed under his or her supervision and that such\nactivities and the provision of such services are a formal part of the\nprofessional training program in which he or she is enrolled;\n (e) any federal, state, county or municipal employee performing\nclinical social work services upon the effective date of this section\nfor the period during which they maintain such employment with such\ngovernmental unit within the context of such employment and shall be\nlimited to the services provided upon such effective date; and\n (f) any employee performing clinical social work services on the\neffective date of this section for the period during which they maintain\nsuch employment with such entity within the context of such employment,\nand shall be limited to the services provided prior to such effective\ndate.\n 6. Prohibit the practice of licensed master social work or licensed\nclinical social work, to the extent permissible within the scope of\npractice of such professions, by any not-for-profit corporation or\neducation corporation providing services within the state of New York\nand operating under a waiver pursuant to section sixty-five hundred\nthree-a of this title, provided that such entities offering licensed\nmaster social work or licensed clinical social work services shall only\nprovide such services through an individual appropriately licensed or\notherwise authorized to provide such services or a professional entity\nauthorized by law to provide such services.\n 7. (a) Prevent a person without a license from: performing assessments\nincluding but not limited to basic information collection, gathering of\ndemographic data, and informal observations, screening and referral used\nfor general eligibility for a program or service and determining the\nfunctional status of an individual for the purpose of determining need\nfor services; advising individuals regarding the appropriateness of\nbenefits they are eligible for; providing general advice and guidance\nand assisting individuals or groups with difficult day to day problems\nsuch as finding employment, locating sources of assistance, and\norganizing community groups to work on a specific problem; providing\npeer services; selecting for suitability and providing substance abuse\ntreatment services or group re-entry services to incarcerated\nindividuals in state correctional facilities; or providing substance\nabuse treatment services or re-entry services to incarcerated\nindividuals in local correctional facilities.\n (b) Prevent a person without a license from creating, developing or\nimplementing a service plan or recovery plan that is not a behavioral\nhealth diagnosis or treatment plan. Such service or recovery plans shall\ninclude, but are not limited to, coordinating, evaluating or determining\nthe need for, or the provision of the following services: job training\nand employability; housing; homeless services and shelters for homeless\nindividuals and families; refugee services; residential, day or\ncommunity habilitation services; general public assistance; in home\nservices and supports or home-delivered meals; recovery supports; adult\nor child protective services including investigations; detention as\ndefined in section five hundred two of the executive law; prevention and\nresidential services for victims of domestic violence; services for\nrunaway and homeless youth; foster care, adoption, preventive services\nor services in accordance with an approved plan pursuant to section four\nhundred four of the social services law, including, adoption and foster\nhome studies and assessments, family service plans, transition plans,\npermanency planning activities, and case planning or case management as\nsuch terms are defined in the regulations of the office of children and\nfamily services; residential rehabilitation; home and community based\nservices; and de-escalation techniques, peer services or skill\ndevelopment.\n (c)(i) Prevent a person without a license from participating as a\nmember of a multi-disciplinary team to assist in the development of or\nimplementation of a behavioral health services or treatment plan;\nprovided that such team shall include one or more professionals licensed\nunder this article or articles one hundred thirty-one, one hundred\nthirty-nine, one hundred fifty-three or one hundred sixty-three of this\nchapter; and provided, further, that the activities performed by members\nof the team shall be consistent with the scope of practice for each team\nmember licensed or authorized under title VIII of this chapter, and\nthose who are not so authorized may not engage in the following\nrestricted practices: the diagnosis of mental, emotional, behavioral,\naddictive and developmental disorders and disabilities; patient\nassessment and evaluating; the provision of psychotherapeutic treatment;\nthe provision of treatment other than psychotherapeutic treatment; or\nindependently developing and implementing assessment-based treatment\nplans as defined in section seventy-seven hundred one of this article.\n (ii) For the purposes of this paragraph, "assist" shall include, but\nnot be limited to, the provision or performance of the following tasks,\nservices, or functions by an individual who has obtained the training\nand experience required by the applicable state oversight agency to\nperform such task, service or function in facilities or programs\noperating pursuant to article nineteen-G of the executive law; articles\nseven, sixteen, thirty-one or thirty-two of the mental hygiene law; or\ntitle three of article seven of the social services law:\n (1) helping an individual with the completion of forms or\nquestionnaires;\n (2) reviewing existing case records and collecting background\ninformation about an individual which may be used by the licensed\nprofessional or multi-disciplinary team;\n (3) gathering and reporting information about previous behavioral\nhealth interventions, hospitalizations, documented diagnosis, or prior\ntreatment for review by the licensed professional and multi-disciplinary\nteam;\n (4) discussing with the individual his or her situation, needs,\nconcerns, and thoughts in order to help identify services that support\nthe individual's goals, independence, and quality of life;\n (5) providing advice, information, and assistance to individuals and\nfamily members to identify needs and available resources in the\ncommunity to help meet the needs of the individual or family member;\n (6) engaging in immediate and long-term problem solving, engaging in\nthe development of social skills, or providing general help in areas\nincluding, but not limited to, housing, employment, child care,\nparenting, community based services, and finances;\n (7) distributing paper copies of self-administered tests for the\nindividual to complete when such tests do not require the observation\nand judgment of a licensed professional;\n (8) monitoring treatment by the collection of written and/or\nobservational data in accordance with the treatment plan and providing\nverbal or written reports to the multi-disciplinary team;\n (9) identifying gaps in services and coordinating access to or\narranging services for individuals such as home care, community based\nservices, housing, employment, transportation, child care, vocational\ntraining, or health care;\n (10) offering education programs that provide information about\ndisease identification and recommended treatments that may be provided,\nand how to access such treatment;\n (11) reporting on behavior, actions, and responses to treatment by\ncollecting written and/or observational data as part of a\nmulti-disciplinary team;\n (12) using de-escalation techniques consistent with appropriate\ntraining;\n (13) performing assessments using standardized, structured interview\ntools or instruments;\n (14) directly delivering services outlined in the service plan that\nare not clinical in nature but have been tailored to an individual based\non any diagnoses such individual may have received from a licensed\nprofessional; and\n (15) advocating with educational, judicial or other systems to protect\nan individual's rights and access to appropriate services.\n (d) Provided, further, that nothing in this subdivision shall be\nconstrued as requiring a license for any particular activity or function\nbased solely on the fact that the activity or function is not listed in\nthis subdivision.\n 8. Notwithstanding any other provision of law to the contrary, nothing\nin this article shall be construed to prohibit or limit the activities\nor services provided under this article by any person who is employed or\nwho commences employment in a program or service operated, regulated,\nfunded, or approved by the department of mental hygiene, the office of\nchildren and family services, the department of corrections and\ncommunity supervision, the office of temporary and disability\nassistance, the state office for the aging and the department of health\nor a local governmental unit as that term is defined in section 41.03 of\nthe mental hygiene law or a social services district as defined in\nsection sixty-one of the social services law on or before two years from\nthe date that the regulations issued in accordance with section six of\npart Y of chapter fifty-seven of the laws of two thousand eighteen\nappear in the state register or are adopted, whichever is later. Such\nprohibitions or limitations shall not apply to such employees for as\nlong as they remain employed by such programs or services and whether\nthey remain employed by the same or other employers providing such\nprograms or services. Provided however, that any person who commences\nemployment in such program or service after such date and performs\nservices that are restricted under this article shall be appropriately\nlicensed or authorized under this article. Each state oversight agency\nshall create and maintain a process to verify employment history of\nindividuals exempt under this subdivision.\n