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Dear community,

I've been following a lot of what is going on with the pending legislation

regarding extending exemptions for agencies employing non-licensed professionals

providing services that licensed professionals are licensed to provide.

The following is an email I received from my agency, and their take on pending

legislation. Is anyone familiar with this perspective? Aren't they saying that

their non- profit would have to get licensed by OMH to deliver mental health

services in order to continue to provide these services, instead of that they

would flat out not be allowed to hire these people? Is this different

legislation from the extension of exemption? I may have to fight to keep my

position, so any insight into this issue would be gaily appreciated.

We wanted to make you aware of some pending legislation in New York State that

will impact licensed professionals working for non-profit child welfare agencies

like -I feel like I shouldn't mention my agencies' name here, maybe paranoid,

but- As you may or may not know, only non-profit agencies that have been granted

an exemption waiver by the State Education Department are allowed to hire

licensed social workers, mental health counselors, marriage and family

therapists, creative arts therapists, psychoanalysts and other mental health

professionals. ------------- has been granted the waiver and is in full

compliance with the law as it currently stands.

This waiver is set to expire in July, 2013. If that were to happen, it would

become illegal for non-profit child welfare agencies to hire licensed social

workers and other licensed mental health professionals. There is proposed

legislation would prevent that from happening. The bills – S.6466-A (Bonacic)

and A.9794 (in) – would authorize non-profits to continue to employ

licensed social workers and other licensed mental health professionals. An

exemption from the corporate practice ban for organizations that employ these

professionals will ensure that non-profits, like Berkshire, can retain their

qualified staff and continue to offer critical services to the clients and

communities we serve.

What is the reality?

Thank you,

Mlynarczyk, ATR-BC, LCAT

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