NY Licensing - 1st meeting of Advisory Council

[Thomas G. Valosin]

On 10 August, Dan Osborn (NY Capital Region NACHI Chapter Program Coordinator) and I attended the first meeting of the Advisory Council to the State Licensing Department. This Council is charged by law with providing ADVISORY input to the Department of Licensing of the Department of State. At this time, the Council is not up to its' full membership of 6. Sheldon Silver has not deemed it a priority to appoint 2 members. (As per the Licensing Law). Along with the advisory council, 10 representatives of DOS and DOL sat at the table. Policy and procedure were discussed. This meeting served more as a "get together" function. No "advice" was rendered by the council to the DOS/ DOL
The Council has yet to establish its' hierarchy and no provision was announced regarding procedure for members of the public or the HI Profession to present topics for consideration to the Council.

All parties were well aware that the time frame for the first licensees is nearly half over and the DOL has yet to issue policy regarding Continuing Education. The Law, as it stands, calls for 20 hours of State Approved CE per License Period. It did appear some accommodation will be considered for the first issued licensees.

The DOL did, however, make it crystal clear, all CE programs MUST have prior dept approval. THIS IS IMPORTANT: Just because you are a school, do not assume your presentations will be accepted as a CE presentation. Also, even if Ben Franklin came back and wanted to present CE program on "woodstoves" he would have to have his "Curriculum Vitae" and his syllabus approved. You may be a generally recognized authority in your field, but, unless the state says it is so, you don't present a qualified CE program.
Approval is a 3 part process in that the presenting organization, the instructor and the specific syllabus all must be preapproved. (A process taking 60 to 90 days).

For inspectors "on the border"; The DOS representative informed all interested parties that they could not persue Reciprocity until such time that a State Standard Code of Ethics and Standard Operating Procedure Documents are adopted by the DOL and DOS. A member of the advisory council provided copies of SOP and COE of NACHI, NAHI and ASHI plus a "comparison of similarities and differences".

It was determined progress will be impossible if the council depends only on the scheduled full council and DOS / DOL meetings. On the suggestion of Counsel, the council will appoint "Sub-Committee Chairs" to investigate specific topics and report back to the advisory council as a whole, who will then, in turn, "advise" the DOL / DOS. The sub-committees are allowed to be composed of members not sitting on the council.

The next council meeting is scheduled for mid October.

Tom Valosin
NY Cap Region Chapter VP
NACHI NY SEA

[elorgan]

Hi Tom,
I would like to know if this CE that is forth coming from this wonderful state, will accept all credits obtained through NACHI? I am talking about out CE credits that NACHI has awarded us.

Thanks,
ED Lorgan

[Joe Farsetta]

Ed,

It is doubtful that NACHI CE credits will count at this time. Legally, the council cannot operate with a shortage of members. As it is in an ADVISORY capacity to the DOS (DOL is part of the DOS), the DOS may choose to move forward absent of a Council consensus.

As I have stated, I imagine that some leeway will be provided as far as CE credits are concerned, at least for this first round. I have approximately 15 separate courses prepared and ready for submittal to the State for approval. I am already licensed as a full instructor (not a technical instructor), and will keep my fingers crossed that my courses will be approved and that I will be able to teach them around NY State.

[Thomas G. Valosin]

As a reply to the queries so far:
Ed Lorgan - THIS ANSWER IS MY OPINION based on comments made at the Advisory Council Meeting. It is highly unlikely that past NACHI CE credits will be allowed because they have not met the criteria of preapproval of 1. the sponsoring institution 2. the instructor 3. the syllabus.
For NACHI presented programs in the future; this is a different situation.

Joe Farsetta - DOS Counsel indicated the work of the council could proceed as 4 members constituted a forum.

Keep watch on this BB - Our chapter program coordinator will let you know the exact date the DOS/DO: Representatives will be at our chapter meeting.

Regards to all,
Tom Valosin