THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:	The Honorable the Members of the Board of Regents
FROM:	Johanna Duncan-Poitier
COMMITTEE:	Higher Education and Professional Practice
TITLE OF ITEM:	Proposed Amendment to the Rules of the Board of Regents Relating to Definitions of Unprofessional Conduct in the Social Work and Mental Health Practitioner Professions
DATE OF SUBMISSION:	February 18, 2005
PROPOSED HANDLING:	Discussion
RATIONALE FOR ITEM:	To Implement Statute and Policy
STRATEGIC GOAL:	Goal 3
AUTHORIZATION(S):

 

SUMMARY:

 

Attached for discussion is a proposed amendment to sections 29.2, 29.15, and 29.16 of the Rules of the Board of Regents, relating to the definitions of unprofessional conduct in the social work and mental health practitioner professions.  Supporting materials for the proposed amendment are available upon request from the Secretary to the Board of Regents.

 

This amendment establishes definitions of unprofessional conduct in the practice of the licensed professions of licensed master social work, licensed clinical social work, creative arts therapy, marriage and family therapy, mental health counseling, and psychoanalysis.  Licensees found guilty of unprofessional conduct, as defined, would be subject to professional discipline by the State Education Department.

 

A Notice of Proposed Rule Making concerning the proposed amendment will be published in the State Register no later than March 2, 2005.  It is recommended that formal action on the proposed amendment be taken at the May 2005 meeting of the Board of Regents. 

 

 

 

Attachment

 

AMENDMENT TO THE RULES OF THE BOARD OF REGENTSPursuant to sections 207, 6504, 6506, 6509, 7701, 7702, 7708, 8402, 8403, 8404, 8405, and 8407 of the Education Law.

1. Section 29.2 of the Rules of the Board of Regents is amended, effective June 9, 2005, as follows:

29.2 General provisions for health professions.

(a) Unprofessional conduct shall also include, in the professions of:

acupuncture

athletic training

audiology

certified dental assisting

chiropractic

creative arts therapy

dental hygiene

dentistry

dietetics/nutrition

licensed practical nursing

marriage and family therapy

massage therapy

medicine

mental health counseling

          midwifery

occupational therapy

occupational therapy assistant

ophthalmic dispensing

optometry

pharmacy

physical therapist assistant

physical therapy

physician assistant

podiatry

psychoanalysis

psychology

registered professional nursing

respiratory therapy

respiratory therapy technician

social work

specialist assistant

speech-language pathology

[Except] (except for cases involving those professions licensed, certified or registered pursuant to the provisions of article 131 or 131-B of the Education Law in which a statement of charges of professional misconduct was not served on or before July 26, 1991, the effective date of chapter 606 of the Laws of 1991):

(1)   . . .

(2) . . .

(3) . . .

(4) . . .

(5) . . .

(6) . . .

(7) . . .

(8) . . .

(9) . . .

(10) . . .

(11) . . .

(12) . . .

(13) . . .

(b) Unprofessional conduct shall also include, in those professions specified in section 18 of the Public Health Law and in the professions of acupuncture [and massage] , creative arts therapy, marriage and family therapy, massage therapy, mental health counseling, and psychoanalysis, failing to provide access by qualified persons to patient information in accordance with the standards set forth in section 18 of the Public Health Law. In the professions of acupuncture [and massage] , creative arts therapy, marriage and family therapy, massage therapy, mental health counseling, and psychoanalysis, qualified persons may appeal the denial of access to patient information in the manner set forth in section 18 of the Public Health Law to a record access committee appointed by the executive secretary of the appropriate State Board. Such record access review committees shall consist of not less than three, nor more than five members of the appropriate State Board.

2.  Section 29.15 of the Rules of the Board of Regents is added, effective June 9, 2005, as follows:

29.15 Special provisions for the professions of creative arts therapy, marriage and family therapy, mental health counseling, and psychoanalysis.

Unprofessional conduct in the practice of creative arts therapy, marriage and family therapy, mental health counseling and psychoanalysis shall include conduct prohibited by sections 29.1 and 29.2 of this Part and, in accordance with section 8407 of the Education Law,  shall also include:

(a) in the case of treatment of schizophrenia, schizoaffective disorder, bipolar disorder, major depressive disorder, panic disorder, obsessive-compulsive disorder, attention-deficit hyperactivity disorder and autism, providing any mental health service for such illness on a continuous and sustained basis without a medical evaluation of the illness by, and consultation with, a physician regarding such illness. Such medical evaluation and consultation shall be to determine and advise whether any medical care is indicated for such illness;

(b) prescribing or administering drugs as a treatment, therapy, or professional service in the practice of his or her profession; or

(c) using invasive procedures as a treatment, therapy, or professional service in the practice of his or her profession.  For purposes of this subdivision, invasive procedure means any procedure in which human tissue is cut, altered, or otherwise infiltrated by mechanical or other means.  Invasive procedure includes, but is not limited to, surgery, lasers, ionizing radiation, therapeutic ultrasound, or electroconvulsive therapy.

3.  Section 29.16 of the Rules of the Board of Regents is added, effective June 9, 2005, as follows:

29.16 Special provisions for the social work professions.

Unprofessional conduct in the practice of licensed master social work and licensed clinical social work shall include conduct prohibited by sections 29.1 and 29.2 of this Part and, in accordance with section 7708 of the Education Law, shall also include:

(a) prescribing or administering drugs as a treatment, therapy, or professional service in the practice of his or her profession; or

(b) using invasive procedures as a treatment, therapy, or professional service in the practice of his or her profession.  For purposes of this subdivision, invasive procedure means any procedure in which human tissue is cut, altered, or otherwise infiltrated by mechanical or other means.  Invasive procedure includes, but is not limited to, surgery, lasers, ionizing radiation, therapeutic ultrasound, or electroconvulsive therapy.