S T A T E   O F   N E W   Y O R K
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                                  10142

                          I N  A S S E M B L Y

                               May 9, 2012
                               ___________

Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
  Committee on Higher Education

AN ACT to amend the education law, in relation to  mandatory  continuing
  education  for mental health practitioners and clarifies authorization
  to practice

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The education law is amended by adding a new section 8412
to read as follows:
  S 8412. MANDATORY CONTINUING EDUCATION. 1. REQUIREMENT  OF  CONTINUING
EDUCATION.
  (A)  EACH LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERA-
PIST, PSYCHOANALYST, AND CREATIVE ARTS  THERAPIST  REQUIRED  UNDER  THIS
ARTICLE  TO  REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THE
STATE SHALL COMPLY WITH  THE  PROVISIONS  OF  THE  MANDATORY  CONTINUING
EDUCATION  REQUIREMENTS  PRESCRIBED  IN  SUBDIVISION TWO OF THIS SECTION
EXCEPT AS SET FORTH IN PARAGRAPHS  (B)  AND  (C)  OF  THIS  SUBDIVISION.
LICENSED  MENTAL  HEALTH  COUNSELORS,  MARRIAGE  AND  FAMILY THERAPISTS,
PSYCHOANALYSTS AND CREATIVE ARTS  THERAPISTS  WHO  DO  NOT  SATISFY  THE
MANDATORY  CONTINUING  EDUCATION  REQUIREMENTS  SHALL NOT PRACTICE UNTIL
THEY HAVE MET SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED  A  REGISTRA-
TION  CERTIFICATE,  EXCEPT  THAT  A  LICENSED  MENTAL  HEALTH COUNSELOR,
MARRIAGE AND FAMILY THERAPIST, PSYCHOANALYST, AND CREATIVE  ARTS  THERA-
PIST  MAY  PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS
ISSUED A CONDITIONAL REGISTRATION CERTIFICATE  PURSUANT  TO  SUBDIVISION
THREE OF THIS SECTION.
  (B)  EACH LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERA-
PIST, PSYCHOANALYST, AND CREATIVE ARTS THERAPIST SHALL  BE  EXEMPT  FROM
THE  MANDATORY CONTINUING EDUCATION REQUIREMENT FOR THE TRIENNIAL REGIS-
TRATION PERIOD DURING WHICH THEY ARE FIRST LICENSED. IN ACCORDANCE  WITH
THE  INTENT  OF  THIS  SECTION,  ADJUSTMENT  TO THE MANDATORY CONTINUING
EDUCATION REQUIREMENT MAY BE GRANTED BY THE DEPARTMENT  FOR  REASONS  OF
HEALTH  CERTIFIED  BY  AN  APPROPRIATE  HEALTH  CARE  PROFESSIONAL,  FOR
EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES, OR  FOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15465-01-2

A. 10142                            2

OTHER  GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT COMPLI-
ANCE.
  (C) A LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERAPIST,
PSYCHOANALYST,  AND  CREATIVE ARTS THERAPIST NOT ENGAGED IN PRACTICE, AS
DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTIN-
UING EDUCATION REQUIREMENT UPON THE  FILING  OF  A  STATEMENT  WITH  THE
DEPARTMENT  DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE PRAC-
TICE OF MENTAL HEALTH COUNSELING, MARRIAGE AND FAMILY  THERAPY,  PSYCHO-
ANALYSIS,  OR  CREATIVE  ARTS  THERAPY DURING THE TRIENNIAL REGISTRATION
PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO  REENTERING  THE  PROFESSION
AND  SHALL  MEET  SUCH  MANDATORY  EDUCATION  REQUIREMENTS  AS  SHALL BE
PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
  2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT  FOR  REGIS-
TRATION AS A LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THER-
APIST, PSYCHOANALYST, AND CREATIVE ARTS THERAPIST SHALL COMPLETE A MINI-
MUM  OF  THIRTY-SIX  HOURS  OF ACCEPTABLE FORMAL CONTINUING EDUCATION AS
SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION, A MAXIMUM OF TWELVE HOURS
OF WHICH MAY BE SELF-INSTRUCTIONAL COURSE WORK ACCEPTABLE TO THE DEPART-
MENT. ANY LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND  FAMILY  THERA-
PIST,  PSYCHOANALYST,  AND CREATIVE ARTS THERAPIST WHOSE FIRST REGISTRA-
TION DATE FOLLOWING THE EFFECTIVE DATE OF THIS SECTION OCCURS LESS  THAN
THREE  YEARS  FROM  SUCH EFFECTIVE DATE, BUT ON OR AFTER JUNE THIRTIETH,
TWO THOUSAND THIRTEEN, SHALL COMPLETE CONTINUING EDUCATION  HOURS  ON  A
PRORATED  BASIS  AT  THE  RATE OF ONE-HALF HOUR PER MONTH FOR THE PERIOD
BEGINNING JUNE THIRTIETH, TWO THOUSAND THIRTEEN UP TO THE  FIRST  REGIS-
TRATION  DATE THEREAFTER. A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY
CONTINUING EDUCATION REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGIS-
TRATION CERTIFICATE BY THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS  AND
UNTIL  A  CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR
IN SUBDIVISION THREE OF THIS SECTION. CONTINUING EDUCATION  HOURS  TAKEN
DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
  3.  THE  DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
TRATION TO A  LICENSEE  WHO  FAILS  TO  MEET  THE  CONTINUING  EDUCATION
REQUIREMENTS  ESTABLISHED  IN  SUBDIVISION  TWO  OF THIS SECTION BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL  REGIS-
TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
NIAL  REGISTRATION.  THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
BE DETERMINED BY THE DEPARTMENT BUT  SHALL  NOT  EXCEED  ONE  YEAR.  ANY
LICENSEE  WHO  IS  NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO
SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED  CONTINUING
EDUCATION  AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT TO
DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED  TEN  OF
THIS TITLE.
  4.  AS  USED  IN  SUBDIVISION  TWO OF THIS SECTION, "ACCEPTABLE FORMAL
CONTINUING EDUCATION"  SHALL  MEAN  FORMAL  COURSES  OF  LEARNING  WHICH
CONTRIBUTE   TO  PROFESSIONAL  PRACTICE  IN  MENTAL  HEALTH  COUNSELING,
MARRIAGE AND FAMILY THERAPY, PSYCHOANALYSIS, OR  CREATIVE  ARTS  THERAPY
AND  WHICH  MEET  THE STANDARDS PRESCRIBED BY REGULATIONS OF THE COMMIS-
SIONER. SUCH FORMAL COURSES OF LEARNING SHALL INCLUDE, BUT NOT BE LIMIT-
ED TO, COLLEGIATE LEVEL  CREDIT  AND  NON-CREDIT  COURSES,  PROFESSIONAL
DEVELOPMENT  PROGRAMS  AND TECHNICAL SESSIONS OFFERED BY NATIONAL, STATE
AND LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER  ORGANIZATIONS  ACCEPTABLE
TO  THE  DEPARTMENT,  AND  ANY OTHER ORGANIZED EDUCATIONAL AND TECHNICAL
PROGRAMS ACCEPTABLE TO  THE  DEPARTMENT.  THE  DEPARTMENT  MAY,  IN  ITS
DISCRETION  AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF THE

A. 10142                            3

PUBLIC, REQUIRE  THE  COMPLETION  OF  CONTINUING  EDUCATION  COURSES  IN
SPECIFIC   SUBJECTS  TO  FULFILL  THIS  MANDATORY  CONTINUING  EDUCATION
REQUIREMENT. COURSES MUST BE  TAKEN  FROM  A  SPONSOR  APPROVED  BY  THE
DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
  5.  LICENSED MENTAL HEALTH COUNSELORS, MARRIAGE AND FAMILY THERAPISTS,
PSYCHOANALYSTS, AND CREATIVE ARTS  THERAPISTS  SHALL  MAINTAIN  ADEQUATE
DOCUMENTATION  OF  COMPLETION  OF ACCEPTABLE FORMAL CONTINUING EDUCATION
AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF  THE  DEPARTMENT.
FAILURE TO PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF THE DEPARTMENT
SHALL BE AN ACT OF MISCONDUCT SUBJECT TO DISCIPLINARY PROCEEDINGS PURSU-
ANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
SHALL  BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
FEE REQUIRED BY SECTION SIXTY-SEVEN HUNDRED THIRTY-FOUR OF THIS CHAPTER.
  S 2. Subdivision 1 of section 8402 of the education law, as  added  by
chapter 676 of the laws of 2002, is amended to read as follows:
  1.  Definition  of the practice of mental health counseling. The prac-
tice of the profession of mental health counseling is defined as:
  (a) the evaluation, assessment,  DIAGNOSIS,  amelioration,  treatment,
modification,  or  adjustment  to  a disability, problem, or disorder of
behavior, character, development, emotion, personality or  relationships
by  the  use  of verbal or behavioral methods with individuals, couples,
families or groups in private practice, group,  or  organized  settings;
[and]
  (b) the use of assessment instruments and mental health counseling and
psychotherapy to identify, evaluate, DIAGNOSE and treat dysfunctions and
disorders for purposes of providing appropriate mental health counseling
services; AND
  (C)  DIAGNOSIS  IN  THE  CONTEXT  OF LICENSED MENTAL HEALTH COUNSELING
PRACTICE IS  THE  PROCESS  OF  DISTINGUISHING  BETWEEN  SIMILAR  MENTAL,
EMOTIONAL,  BEHAVIORAL,  DEVELOPMENTAL, AND ADDICTIVE DISORDERS, IMPAIR-
MENTS AND DISABILITIES WITHIN A PSYCHOSOCIAL FRAMEWORK ON THE  BASIS  OF
THEIR  SIMILAR AND UNIQUE CHARACTERISTICS CONSISTENT WITH ACCEPTED CLAS-
SIFICATION SYSTEMS.
  S 3. Subdivision 1 of section 8403 of the education law, as  added  by
chapter 676  of the laws of 2002, is amended to read as follows:
  1.  Definition  of  the  practice  of marriage and family therapy. The
practice of the profession of marriage and family therapy is defined as:
  (a) the assessment, DIAGNOSIS and  treatment  of  nervous  and  mental
disorders,  whether affective, cognitive or behavioral, which results in
dysfunctional interpersonal  family  relationships  including,  but  not
limited   to   familial   relationships,  marital/couple  relationships,
parent-child relationships, pre-marital  and  other  personal  relation-
ships;
  (b) the use of mental health counseling, psychotherapy and therapeutic
techniques  to  evaluate  and  treat  marital,  relational,  and  family
systems, and individuals in relationship to these systems;
  (c) the use of mental health counseling  and  psychotherapeutic  tech-
niques  to treat mental, emotional and behavioral disorders and ailments
within the context of marital, relational and family systems to  prevent
and ameliorate dysfunction; [and]
  (d) the use of assessment instruments and mental health counseling and
psychotherapy  to  identify [and], evaluate, DIAGNOSE AND TREAT dysfunc-
tions and disorders for purposes of providing appropriate  marriage  and
family therapy services; AND

A. 10142                            4

  (E)  DIAGNOSIS  IN THE CONTEXT OF LICENSED MARRIAGE AND FAMILY THERAPY
PRACTICE IS  THE  PROCESS  OF  DISTINGUISHING  BETWEEN  SIMILAR  MENTAL,
EMOTIONAL,  BEHAVIORAL,  DEVELOPMENTAL, AND ADDICTIVE DISORDERS, IMPAIR-
MENTS AND DISABILITIES WITHIN A PSYCHOSOCIAL FRAMEWORK ON THE  BASIS  OF
THEIR  SIMILAR AND UNIQUE CHARACTERISTICS CONSISTENT WITH ACCEPTED CLAS-
SIFICATION SYSTEMS.
  S 4.  Subdivision 1 of section 8404 of the education law, as added  by
chapter 676 of the laws of 2002, is amended to read as follows:
  1.  Definition  of the practice of creative arts therapy. The practice
of the profession of creative arts therapy is defined as:
  (a) the assessment, evaluation, DIAGNOSIS and the  therapeutic  inter-
vention  and treatment, which may be either primary, parallel or adjunc-
tive, of  mental,  emotional,  developmental  and  behavioral  disorders
through the use of the arts as approved by the department; [and]
  (b) the use of assessment instruments and mental health counseling and
psychotherapy to identify, evaluate, DIAGNOSE and treat dysfunctions and
disorders  for  purposes  of providing appropriate creative arts therapy
services; AND
  (C) DIAGNOSIS IN THE CONTEXT OF LICENSED CREATIVE ARTS  THERAPY  PRAC-
TICE IS THE PROCESS OF DISTINGUISHING BETWEEN SIMILAR MENTAL, EMOTIONAL,
BEHAVIORAL,  DEVELOPMENTAL,  AND  ADDICTIVE  DISORDERS,  IMPAIRMENTS AND
DISABILITIES WITHIN A PSYCHOSOCIAL FRAMEWORK ON THE BASIS OF THEIR SIMI-
LAR AND UNIQUE CHARACTERISTICS CONSISTENT WITH  ACCEPTED  CLASSIFICATION
SYSTEMS.
  S  5.  Subdivision 1 of section 8405 of the education law, as added by
chapter 676 of the laws of 2002, is amended to read as follows:
  1. Definition of the practice of psychoanalysis.  The practice of  the
profession of psychoanalysis is defined as:
  (a)  the  observation,  description, evaluation, [and] interpretation,
DIAGNOSIS AND TREATMENT of dynamic  unconscious  mental  processes  that
contribute  to  the  formation  of  personality and behavior in order to
identify and resolve unconscious psychic problems which affect interper-
sonal relationships and emotional development, to facilitate changes  in
personality  and behavior through the use of verbal and nonverbal cogni-
tive and emotional communication, and to develop  adaptive  functioning;
[and]
  (b) the use of assessment instruments and mental health counseling and
psychotherapy to identify, evaluate, DIAGNOSE and treat dysfunctions and
disorders for purposes of providing appropriate psychoanalytic services;
AND
  (C)  DIAGNOSIS  IN  THE CONTEXT OF LICENSED PSYCHOANALYSIS PRACTICE IS
THE PROCESS OF DISTINGUISHING BETWEEN SIMILAR MENTAL, EMOTIONAL,  BEHAV-
IORAL, DEVELOPMENTAL, AND ADDICTIVE DISORDERS, IMPAIRMENTS AND DISABILI-
TIES  WITHIN  A PSYCHOSOCIAL FRAMEWORK ON THE BASIS OF THEIR SIMILAR AND
UNIQUE CHARACTERISTICS CONSISTENT WITH ACCEPTED CLASSIFICATION SYSTEMS.
  S 6.   This act shall  take  effect  immediately;  provided,  however,
section one of this act shall take effect June 30, 2013. Effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made and completed by the state  education
department.