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

                                  2923

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 25, 2013
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education  law  and  the  social  services  law,  in
  relation to the practice of school psychology

  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 article 167 to
read as follows:
                                ARTICLE 167
                            SCHOOL PSYCHOLOGY
SECTION 8720. INTRODUCTION.
        8721. PRACTICE OF SCHOOL PSYCHOLOGY AND USE OF THE TITLE "SCHOOL
                PSYCHOLOGIST".
        8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY.
        8723. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
        8724. BOUNDARIES OF PROFESSIONAL COMPETENCY.
        8725. LIMITED PERMITS.
        8726. EXEMPTIONS.
        8727. SPECIAL PROVISIONS.
  S 8720. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION AND PRAC-
TICE OF SCHOOL  PSYCHOLOGY AND TO THE USE OF THE TITLE "LICENSED  SCHOOL
PSYCHOLOGIST".   THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN
ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
  S 8721. PRACTICE OF SCHOOL PSYCHOLOGY AND USE  OF  THE  TITLE  "SCHOOL
PSYCHOLOGIST".    ONLY  A  PERSON  LICENSED OR EXEMPT UNDER THIS ARTICLE
SHALL PRACTICE SCHOOL PSYCHOLOGY  OR  USE  THE  TITLE  "LICENSED  SCHOOL
PSYCHOLOGIST".
  S  8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY. THE PRACTICE
OF SCHOOL PSYCHOLOGY IS:
  1. THE ASSESSMENT,  INCLUDING  PSYCHO-EDUCATIONAL,  DEVELOPMENTAL  AND
VOCATIONAL    ASSESSMENT, EVALUATION AND INTERPRETATION OF INTELLIGENCE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03598-03-3
              

S. 2923                             2

COGNITIVE  PROCESSES,  APTITUDES,    INTERESTS,  ACADEMIC   ACHIEVEMENT,
ADJUSTMENT,  PERSONALITY  FACTORS  AND  MOTIVATIONS, OR ANY OTHER ATTRI-
BUTES, IN INDIVIDUALS OR GROUPS, THAT RELATE TO LEARNING,  EDUCATION  OR
ADJUSTMENT NEEDS;
  2.   THE   DEVELOPMENT  AND  IMPLEMENTATION  OF  EDUCATIONALLY-RELATED
PSYCHOTHERAPEUTIC AND BEHAVIORAL APPROACHES TO INCREASE  SCHOOL  ADJUST-
MENT  AND  ACADEMIC  SUCCESS,  COUNSELING  AND  INTERPRETIVE SERVICES TO
REDUCE EDUCATION-RELATED PROBLEMS INCLUDING, BUT NOT LIMITED TO,  VERBAL
INTERACTION,  INTERVIEWING, BEHAVIOR TECHNIQUES, DEVELOPMENTAL AND VOCA-
TIONAL INTERVENTION, ENVIRONMENTAL MANAGEMENT AND GROUP PROCESSES;
  3. CONSULTATION WITH REPRESENTATIVES OF SCHOOLS, AGENCIES  AND  ORGAN-
IZATIONS,  FAMILIES OR INDIVIDUALS, INCLUDING PSYCHO-EDUCATIONAL, DEVEL-
OPMENTAL AND VOCATIONAL   ASSISTANCE  OR  DIRECT  EDUCATIONAL  SERVICES,
RELATED TO LEARNING PROBLEMS AND ADJUSTMENTS TO  THOSE PROBLEMS; AND
  4.  THE  DEVELOPMENT OF PROGRAMMING, INCLUDING DESIGNING, IMPLEMENTING
OR EVALUATING EDUCATIONALLY AND PSYCHOLOGICALLY SOUND LEARNING  ENVIRON-
MENTS AND THE FACILITATION OF PSYCHO-EDUCATIONAL DEVELOPMENT OF INDIVID-
UALS, FAMILIES OR GROUPS.
  S  8723.    REQUIREMENTS  FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A
LICENSE AS A LICENSED SCHOOL PSYCHOLOGIST, AN  APPLICANT  SHALL  FULFILL
THE FOLLOWING REQUIREMENTS:
  1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  2. EDUCATION: COMPLETE A MINIMUM OF SIXTY GRADUATE CREDITS AND FULFILL
THE  REQUIREMENTS  OF A MASTER'S OR DOCTORAL DEGREE IN SCHOOL PSYCHOLOGY
FROM A PROGRAM REGISTERED  BY  THE  DEPARTMENT,  OR  DETERMINED  BY  THE
DEPARTMENT  TO  BE  THE  SUBSTANTIAL  EQUIVALENT  IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATIONS. THE GRADUATE COURSEWORK SHALL  INCLUDE,  BUT
NOT BE LIMITED TO, THE FOLLOWING AREAS:
  (I) BIOLOGICAL, SOCIAL AND CULTURAL BASES OF DEVELOPMENT;
  (II) PSYCHOPATHOLOGY AND EXCEPTIONALITY IN LEARNING AND BEHAVIOR;
  (III)  ASSESSMENT  AND  APPRAISAL  OF  LEARNERS  IN  HOME  AND  SCHOOL
CONTEXTS;
  (IV) CONSULTATION AND COLLABORATION IN FAMILY,  SCHOOL  AND  COMMUNITY
SYSTEMS;
  (V)  EFFECTIVE  INSTRUCTION  AND DEVELOPMENT OF COGNITIVE AND ACADEMIC
SKILLS;
  (VI) PREVENTION AND TREATMENT OF BEHAVIORAL  AND  EMOTIONAL  DISORDERS
AND DEFICITS;
  (VII) SCHOOL ORGANIZATION, CURRICULUM, POLICY AND LAW;
  (VIII) RESEARCH AND PROGRAM EVALUATION;
  (IX) PROFESSION AND ETHICAL PRACTICE OF PSYCHOLOGY IN SCHOOLS; AND
  (X)  COMPLETION  OF  A  TWELVE  HUNDRED  HOUR SUPERVISED INTERNSHIP IN
SCHOOL PSYCHOLOGY, WITH NO LESS THAN SIX HUNDRED HOURS COMPLETED  WITHIN
A SCHOOL SETTING.
  3.  EXPERIENCE:  COMPLETE A MINIMUM OF TWO THOUSAND FOUR HUNDRED HOURS
OF POST-MASTER'S SUPERVISED  EXPERIENCE  RELEVANT  TO  THE  PRACTICE  OF
SCHOOL  PSYCHOLOGY  SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATIONS, SUCH SUPERVISED EXPERIENCE WHICH MAY INCLUDE
ONE THOUSAND TWO HUNDRED HOURS COMPLETED AS PART OF A PROGRAM IN  SCHOOL
PSYCHOLOGY;
  4.  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
MENT; AND

S. 2923                             3

  7.  FEES: PAY A FEE OF TWO HUNDRED FORTY DOLLARS TO THE DEPARTMENT FOR
ADMISSION TO A DEPARTMENT  CONDUCTED  EXAMINATION  AND  FOR  AN  INITIAL
LICENSE;  A FEE OF EIGHTY-FIVE  DOLLARS FOR EACH REEXAMINATION; A FEE OF
ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL  LICENSE FOR PERSONS NOT
REQUIRING  ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND A  FEE OF
ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
  S 8724. BOUNDARIES OF PROFESSIONAL COMPETENCY. 1.  IT SHALL BE  DEEMED
PRACTICING  OUTSIDE THE BOUNDARIES OF HIS OR HER PROFESSIONAL COMPETENCE
FOR A PERSON LICENSED PURSUANT TO THIS ARTICLE, IN THE CASE OF TREATMENT
OF ANY SERIOUS MENTAL ILLNESS, TO PROVIDE   ANY MENTAL  HEALTH  SERVICES
FOR  SUCH ILLNESS ON A CONTINUOUS AND SUSTAINED BASIS WITHOUT A  MEDICAL
EVALUATION OF THE ILLNESS BY, AND CONSULTATION WITH, A PHYSICIAN REGARD-
ING SUCH  ILLNESS.  SUCH MEDICAL EVALUATION AND CONSULTATION SHALL BE TO
DETERMINE AND ADVISE WHETHER ANY MEDICAL  CARE  IS  INDICATED  FOR  SUCH
ILLNESS.  FOR  PURPOSES OF THIS SECTION,  "SERIOUS MENTAL ILLNESS" MEANS
SCHIZOPHRENIA,  SCHIZOAFFECTIVE  DISORDER,  BIPOLAR  DISORDER,     MAJOR
DEPRESSIVE  DISORDER,  PANIC DISORDER AND OBSESSIVE-COMPULSIVE DISORDER.
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT, LIMIT  OR  IMPAIR
CONSULTATION WITH ANY OTHER HEALTH OR MENTAL HEALTH PROFESSIONAL.  NOTH-
ING  HEREIN  CONTAINED SHALL LIMIT, MODIFY, RESTRICT OR OTHERWISE AFFECT
THE DEFINITION OF THE PRACTICE  OF  SCHOOL  PSYCHOLOGY  AS  PROVIDED  IN
SECTION EIGHTY-SEVEN HUNDRED TWENTY-TWO OF THIS ARTICLE.
  2.  ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM
THE PROVISIONS OF THIS ARTICLE SHALL BE PROHIBITED FROM:
  (A) PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER 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 SURGERY, LASERS, IONIZING RADIATION,
THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY.
  3. NOTHING IN THIS ARTICLE SHALL BE  DEEMED  TO  AUTHORIZE,  GRANT  OR
EXTEND HOSPITAL PRIVILEGES TO INDIVIDUALS LICENSED UNDER THIS ARTICLE.
  S 8725. LIMITED PERMITS.  1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT
TO AN APPLICANT WHOSE QUALIFICATIONS HAVE BEEN APPROVED FOR ADMISSION TO
THE EXAMINATION IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
  2.  LIMITED  PERMITS  SHALL  BE  FOR  ONE  YEAR AND BE RENEWED, AT THE
DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
  3. THE FEE FOR EACH LIMITED PERMIT  AND  FOR  EACH  RENEWAL  SHALL  BE
SEVENTY DOLLARS.
  S  8726.  EXEMPTIONS.  NOTHING  CONTAINED  IN  THIS  ARTICLE  SHALL BE
CONSTRUED TO:
  1. APPLY TO THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF  ANY
TITLE  BY  ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDI-
CINE WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS
TITLE OR BY ANY PERSON REGISTERED TO PERFORM  SERVICES  AS  A  PHYSICIAN
ASSISTANT  WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B
OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRAC-
TICE PSYCHOLOGY WITHIN  THIS  STATE  PURSUANT  TO  ARTICLE  ONE  HUNDRED
FIFTY-THREE OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHOR-
IZED  TO PRACTICE AS A LICENSED CLINICAL SOCIAL WORKER WITHIN THIS STATE
PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FOUR OF  THIS  TITLE,  OR  BY  ANY
PERSON  LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE NURSING AS A REGIS-
TERED PROFESSIONAL NURSE WITHIN THIS STATE  PURSUANT    TO  ARTICLE  ONE

S. 2923                             4

HUNDRED  THIRTY-NINE  OF THIS TITLE, OR BY ANY PERSON LICENSED OR OTHER-
WISE AUTHORIZED TO PRACTICE MENTAL HEALTH COUNSELING, MARRIAGE AND FAMI-
LY THERAPY, CREATIVE  ARTS THERAPY, OR PSYCHOANALYSIS WITHIN  THE  STATE
PURSUANT  TO  ARTICLE  ONE  HUNDRED SIXTY-THREE OF THIS TITLE; PROVIDED,
HOWEVER, THAT NO PHYSICIAN, PHYSICIAN'S  ASSISTANT,  REGISTERED  PROFES-
SIONAL  NURSE,  PSYCHOLOGIST,  LICENSED CLINICAL SOCIAL WORKER, LICENSED
MENTAL  HEALTH  COUNSELOR,  LICENSED  MARRIAGE  AND  FAMILY   THERAPIST,
LICENSED  CREATIVE  ARTS THERAPIST OR LICENSED PSYCHOANALYST MAY USE THE
TITLE UNLESS LICENSED UNDER THIS ARTICLE;
  2. PROHIBIT OR LIMIT ANY INDIVIDUAL WHO IS CREDENTIALED UNDER ANY LAW,
INCLUDING ATTORNEYS, RAPE CRISIS COUNSELORS, CERTIFIED ALCOHOLISM  COUN-
SELORS  AND  CERTIFIED  SUBSTANCE ABUSE COUNSELORS FROM PROVIDING MENTAL
HEALTH SERVICES WITHIN THEIR RESPECTIVE ESTABLISHED AUTHORITIES;
  3. PROHIBIT OR LIMIT THE  PRACTICE OF A PROFESSION  LICENSED  PURSUANT
TO THIS ARTICLE BY A STUDENT, INTERN OR RESIDENT IN, AND AS A PART OF, A
SUPERVISED EDUCATIONAL PROGRAM IN AN INSTITUTION APPROVED BY THE DEPART-
MENT;
  4.  PROHIBIT OR LIMIT THE PROVISION OF PASTORAL COUNSELING SERVICES BY
ANY MEMBER OF THE CLERGY OR CHRISTIAN SCIENCE PRACTITIONER,  WITHIN  THE
CONTEXT OF HIS OR HER MINISTERIAL  CHARGE OR OBLIGATION;
  5.  PROHIBIT OR LIMIT INDIVIDUALS, CHURCHES, SCHOOLS, TEACHERS, ORGAN-
IZATIONS, OR  NOT-FOR-PROFIT  BUSINESSES,  FROM  PROVIDING  INSTRUCTION,
ADVICE, SUPPORT, ENCOURAGEMENT, OR INFORMATION TO INDIVIDUALS, FAMILIES,
AND RELATIONAL GROUPS; OR
  6.  PROHIBIT  OR  LIMIT AN OCCUPATIONAL THERAPIST FROM PERFORMING WORK
CONSISTENT WITH ARTICLE ONE HUNDRED FIFTY-SIX OF THIS TITLE.
  S 8727. SPECIAL PROVISIONS. 1. ANY  NONEXEMPT  PERSON  PRACTICING  THE
PROFESSION  OF  SCHOOL  PSYCHOLOGY  SHALL  APPLY  FOR  A LICENSE OF SUCH
PROFESSION WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
  (A) IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB-
LISHED WITHIN THIS ARTICLE, SUCH PERSON MAY  MEET  ALTERNATIVE  CRITERIA
DETERMINED  BY  THE  DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT OF SUCH
CRITERIA.
  (B) IF SUCH PERSON MEETS THE REQUIREMENTS FOR  A  LICENSE  ESTABLISHED
WITHIN  THIS  ARTICLE, EXCEPT FOR EXAMINATION, AND HAS BEEN CERTIFIED OR
REGISTERED BY A NATIONAL CERTIFYING OR REGISTERING BODY  HAVING  CERTIF-
ICATION  OR  REGISTRATION STANDARDS ACCEPTABLE TO  THE COMMISSIONER, THE
DEPARTMENT SHALL LICENSE WITHOUT EXAMINATION.
  2. NOTWITHSTANDING THE REQUIREMENTS OF  SECTION  EIGHTY-SEVEN  HUNDRED
TWENTY-THREE OF THIS ARTICLE, AND FOR A PERIOD OF TIME NOT TO EXCEED TWO
YEARS  FROM  THE  EFFECTIVE  DATE  OF THIS ARTICLE, AN INDIVIDUAL MAY BE
LICENSED AS A SCHOOL PSYCHOLOGIST PROVIDED SUCH PERSON HAS EITHER:
  (A) MET THE EDUCATIONAL REQUIREMENTS AS DEFINED IN SECTION EIGHTY-SEV-
EN HUNDRED TWENTY-THREE OF THIS ARTICLE AND PERFORMED THE  DUTIES  OF  A
SCHOOL  PSYCHOLOGIST  FOR TWO OF THE PAST FIVE YEARS PRIOR TO THE EFFEC-
TIVE DATE OF THIS ARTICLE; OR
  (B) PERFORMED THE DUTIES OF A SCHOOL PSYCHOLOGIST FOR  AT  LEAST  FIVE
YEARS PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE.
  3. ANY PERSON LICENSED PURSUANT TO THIS ARTICLE MAY USE ACCEPTED CLAS-
SIFICATIONS  OF SIGNS, SYMPTOMS, DYSFUNCTIONS AND DISORDERS, AS APPROVED
IN ACCORDANCE WITH REGULATIONS  PROMULGATED BY THE  DEPARTMENT,  IN  THE
PRACTICE OF SUCH LICENSED PROFESSION.
  S  2.  Paragraph  a  of subdivision 3 of section 6507 of the education
law, as amended by chapter 356 of the laws of 2006, is amended  to  read
as follows:

S. 2923                             5

  a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the
commissioner shall establish standards requiring that all persons apply-
ing,  on or after January first, nineteen hundred ninety-one, initially,
or for the renewal of, a license, registration or limited permit to be a
physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
trist,   psychiatrist,   psychologist,   LICENSED  SCHOOL  PSYCHOLOGIST,
licensed master social worker, licensed clinical social worker, licensed
creative  arts  therapist,  licensed  marriage  and  family   therapist,
licensed  mental  health  counselor,  licensed  psychoanalyst, or dental
hygienist shall, in addition to all the other  licensure,  certification
or permit requirements, have completed two hours of coursework or train-
ing  regarding  the  identification  and  reporting  of  child abuse and
maltreatment. The coursework or  training  shall  be  obtained  from  an
institution  or  provider  which  has been approved by the department to
provide such coursework or training. The coursework  or  training  shall
include  information regarding the physical and behavioral indicators of
child abuse and maltreatment and the  statutory  reporting  requirements
set out in sections four hundred thirteen through four hundred twenty of
the  social  services  law, including but not limited to, when and how a
report must be made, what other actions  the  reporter  is  mandated  or
authorized  to  take,  the legal protections afforded reporters, and the
consequences for failing to report. Such coursework or training may also
include information regarding the physical and behavioral indicators  of
the abuse of individuals with mental retardation and other developmental
disabilities  and  voluntary  reporting of abused or neglected adults to
the office of mental retardation and developmental disabilities  or  the
local  adult  protective services unit. Each applicant shall provide the
department with documentation showing that he or she has  completed  the
required  training.  The  department shall provide an exemption from the
child abuse and maltreatment training requirements to any applicant  who
requests  such an exemption and who shows, to the department's satisfac-
tion, that there would be no need because of the nature of  his  or  her
practice for him or her to complete such training;
  S  3.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
services law, as amended by section 3 of part D of chapter  501  of  the
laws of 2012, is amended to read as follows:
  (a)  The  following  persons  and  officials are required to report or
cause a report to be made in accordance with this title when  they  have
reasonable  cause  to  suspect  that a child coming before them in their
professional or official capacity is an abused or maltreated  child,  or
when  they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or  other  person
legally  responsible  for  such child comes before them in their profes-
sional or official capacity and states from  personal  knowledge  facts,
conditions or circumstances which, if correct, would render the child an
abused  or maltreated child: any physician; registered physician assist-
ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
psychologist; SCHOOL  PSYCHOLOGIST;  registered  nurse;  social  worker;
emergency medical technician; licensed creative arts therapist; licensed
marriage   and  family  therapist;  licensed  mental  health  counselor;
licensed psychoanalyst; hospital personnel  engaged  in  the  admission,
examination,  care  or treatment of persons; a Christian Science practi-
tioner; school official, which includes but is  not  limited  to  school

S. 2923                             6

teacher,  school  guidance counselor, school psychologist, school social
worker, school nurse, school administrator  or  other  school  personnel
required  to  hold  a teaching or administrative license or certificate;
social  services worker; director of a children's overnight camp, summer
day camp or traveling summer day camp, as  such  camps  are  defined  in
section  thirteen  hundred ninety-two of the public health law; day care
center worker; school-age child care worker; provider of family or group
family day care; or any other child care or foster care  worker;  mental
health  professional;  substance  abuse counselor; alcoholism counselor;
all persons credentialed by the office of alcoholism and substance abuse
services; peace officer; police officer; district attorney or  assistant
district  attorney;  investigator  employed  in the office of a district
attorney; or other law enforcement official.
  S 4. Section 7602 of the education law, as added by chapter 987 of the
laws of 1971, is amended to read as follows:
  S 7602. State board for psychology.   A  state  board  for  psychology
shall  be  appointed  by  the  board of regents on recommendation of the
commissioner for the purpose of assisting the board of regents  and  the
department on matters of professional licensing and professional conduct
in  accordance with section sixty-five hundred eight of this title.  The
board shall be composed of not less than eleven [psychologists  licensed
in  this  state]  MEMBERS,  A  NUMBER  OF  WHOM SHALL BE LICENSED SCHOOL
PSYCHOLOGISTS SUFFICIENT TO ASSURE  MEANINGFUL  PARTICIPATION  IN  BOARD
ACTIVITIES.    An executive secretary to the board shall be appointed by
the board of regents upon the recommendation  of  the  commissioner  and
shall be a psychologist, licensed in this state.
  S 5. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid, the judgment shall not affect,  impair,  or  invalidate  the
remainder thereof, but shall be confined in its operation to the clause,
sentence,  paragraph,  section  or part thereof directly involved in the
controversy in which the judgment shall have been rendered.
  S 6. This act shall take effect January 1,  2014;  provided,  however,
that if section 3 of part D of chapter 501 of the laws of 2012 is not in
effect on such effective date, then the amendments made to paragraph (a)
of  subdivision  1  of section 413 of the social services law by section
three of this act shall take effect on the same date and same manner  as
section  3  of  part  D  of chapter 501 of the laws of 2012, as amended,
takes effect; provided that the department of education is authorized to
promulgate any and all rules and regulations and take any other  measure
necessary to implement this act on or before its effective date, includ-
ing, but not limited to, the appointment of the state board for psychol-
ogy, the acceptance and processing of applications for licensure and the
issuance  of  licenses;  provided further that the provisions of article
167 of the education law, as added by section one of this act, requiring
a license or limited permit to practice under such article shall not  be
enforced until January 1, 2015.

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

                                 2923--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 25, 2013
                               ___________

Introduced by Sens. FLANAGAN, LATIMER -- read twice and ordered printed,
  and  when printed to be committed to the Committee on Higher Education
  -- reported favorably from said committee and committed to the Commit-
  tee  on  Finance  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  education  law  and the social services law, in
  relation to the practice of school psychology

  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 article 167 to
read as follows:
                                ARTICLE 167
                            SCHOOL PSYCHOLOGY
SECTION 8720. INTRODUCTION.
        8721. PRACTICE OF SCHOOL PSYCHOLOGY AND USE OF THE TITLE "SCHOOL
                PSYCHOLOGIST".
        8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY.
        8723. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
        8724. BOUNDARIES OF PROFESSIONAL COMPETENCY.
        8725. LIMITED PERMITS.
        8726. EXEMPTIONS.
        8727. SPECIAL PROVISIONS.
  S 8720. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION AND PRAC-
TICE  OF SCHOOL  PSYCHOLOGY AND TO THE USE OF THE TITLE "LICENSED SCHOOL
PSYCHOLOGIST".  THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED  IN
ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
  S  8721.  PRACTICE  OF  SCHOOL PSYCHOLOGY AND USE OF THE TITLE "SCHOOL
PSYCHOLOGIST".   ONLY A PERSON LICENSED OR  EXEMPT  UNDER  THIS  ARTICLE
SHALL  PRACTICE  SCHOOL  PSYCHOLOGY  OR  USE  THE TITLE "LICENSED SCHOOL
PSYCHOLOGIST".

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03598-04-3

              

S. 2923--A                          2

  S 8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY. THE  PRACTICE
OF SCHOOL PSYCHOLOGY IS:
  1.  THE  ASSESSMENT,  INCLUDING  PSYCHO-EDUCATIONAL, DEVELOPMENTAL AND
VOCATIONAL  ASSESSMENT, EVALUATION AND INTERPRETATION  OF  INTELLIGENCE,
COGNITIVE   PROCESSES,  APTITUDES,    INTERESTS,  ACADEMIC  ACHIEVEMENT,
ADJUSTMENT, PERSONALITY FACTORS AND MOTIVATIONS,  OR  ANY  OTHER  ATTRI-
BUTES,  IN  INDIVIDUALS OR GROUPS, THAT RELATE TO LEARNING, EDUCATION OR
ADJUSTMENT NEEDS;
  2.  THE  DEVELOPMENT  AND  IMPLEMENTATION   OF   EDUCATIONALLY-RELATED
PSYCHOTHERAPEUTIC  AND  BEHAVIORAL APPROACHES TO INCREASE SCHOOL ADJUST-
MENT AND ACADEMIC  SUCCESS,  COUNSELING  AND  INTERPRETIVE  SERVICES  TO
REDUCE  EDUCATION-RELATED PROBLEMS INCLUDING, BUT NOT LIMITED TO, VERBAL
INTERACTION, INTERVIEWING, BEHAVIOR TECHNIQUES, DEVELOPMENTAL AND  VOCA-
TIONAL INTERVENTION, ENVIRONMENTAL MANAGEMENT AND GROUP PROCESSES;
  3.  CONSULTATION  WITH REPRESENTATIVES OF SCHOOLS, AGENCIES AND ORGAN-
IZATIONS, FAMILIES OR INDIVIDUALS, INCLUDING PSYCHO-EDUCATIONAL,  DEVEL-
OPMENTAL  AND  VOCATIONAL    ASSISTANCE  OR DIRECT EDUCATIONAL SERVICES,
RELATED TO LEARNING PROBLEMS AND ADJUSTMENTS TO  THOSE PROBLEMS; AND
  4. THE DEVELOPMENT OF PROGRAMMING, INCLUDING  DESIGNING,  IMPLEMENTING
OR  EVALUATING EDUCATIONALLY AND PSYCHOLOGICALLY SOUND LEARNING ENVIRON-
MENTS AND THE FACILITATION OF PSYCHO-EDUCATIONAL DEVELOPMENT OF INDIVID-
UALS, FAMILIES OR GROUPS.
  S 8723.  REQUIREMENTS FOR A PROFESSIONAL LICENSE.  TO  QUALIFY  FOR  A
LICENSE  AS  A  LICENSED SCHOOL PSYCHOLOGIST, AN APPLICANT SHALL FULFILL
THE FOLLOWING REQUIREMENTS:
  1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  2. EDUCATION: COMPLETE A MINIMUM OF SIXTY GRADUATE CREDITS AND FULFILL
THE REQUIREMENTS OF A MASTER'S OR DOCTORAL DEGREE IN  SCHOOL  PSYCHOLOGY
FROM  A  PROGRAM  REGISTERED  BY  THE  DEPARTMENT,  OR DETERMINED BY THE
DEPARTMENT TO BE THE  SUBSTANTIAL  EQUIVALENT  IN  ACCORDANCE  WITH  THE
COMMISSIONER'S  REGULATIONS.  THE GRADUATE COURSEWORK SHALL INCLUDE, BUT
NOT BE LIMITED TO, THE FOLLOWING AREAS:
  (I) BIOLOGICAL, SOCIAL AND CULTURAL BASES OF DEVELOPMENT;
  (II) PSYCHOPATHOLOGY AND EXCEPTIONALITY IN LEARNING AND BEHAVIOR;
  (III)  ASSESSMENT  AND  APPRAISAL  OF  LEARNERS  IN  HOME  AND  SCHOOL
CONTEXTS;
  (IV)  CONSULTATION  AND  COLLABORATION IN FAMILY, SCHOOL AND COMMUNITY
SYSTEMS;
  (V) EFFECTIVE INSTRUCTION AND DEVELOPMENT OF  COGNITIVE  AND  ACADEMIC
SKILLS;
  (VI)  PREVENTION  AND  TREATMENT OF BEHAVIORAL AND EMOTIONAL DISORDERS
AND DEFICITS;
  (VII) SCHOOL ORGANIZATION, CURRICULUM, POLICY AND LAW;
  (VIII) RESEARCH AND PROGRAM EVALUATION;
  (IX) PROFESSION AND ETHICAL PRACTICE OF PSYCHOLOGY IN SCHOOLS; AND
  (X) COMPLETION OF A  TWELVE  HUNDRED  HOUR  SUPERVISED  INTERNSHIP  IN
SCHOOL  PSYCHOLOGY, WITH NO LESS THAN SIX HUNDRED HOURS COMPLETED WITHIN
A SCHOOL SETTING.
  3. EXPERIENCE: COMPLETE A MINIMUM OF TWO THOUSAND FOUR  HUNDRED  HOURS
OF  POST-MASTER'S  SUPERVISED  EXPERIENCE  RELEVANT  TO  THE PRACTICE OF
SCHOOL PSYCHOLOGY SATISFACTORY TO THE BOARD AND IN ACCORDANCE  WITH  THE
COMMISSIONER'S REGULATIONS, SUCH SUPERVISED EXPERIENCE WHICH MAY INCLUDE
ONE  THOUSAND TWO HUNDRED HOURS COMPLETED AS PART OF A PROGRAM IN SCHOOL
PSYCHOLOGY;
  4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD  AND  IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;

S. 2923--A                          3

  5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  6.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
  7. FEES: PAY A FEE OF TWO HUNDRED FORTY DOLLARS TO THE DEPARTMENT  FOR
ADMISSION  TO  A  DEPARTMENT  CONDUCTED  EXAMINATION  AND FOR AN INITIAL
LICENSE; A FEE OF EIGHTY-FIVE  DOLLARS FOR EACH REEXAMINATION; A FEE  OF
ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL  LICENSE FOR PERSONS NOT
REQUIRING  ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND A  FEE OF
ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
  S 8724. BOUNDARIES OF PROFESSIONAL COMPETENCY. 1.  IT SHALL BE  DEEMED
PRACTICING  OUTSIDE THE BOUNDARIES OF HIS OR HER PROFESSIONAL COMPETENCE
FOR A PERSON LICENSED PURSUANT TO THIS ARTICLE, IN THE CASE OF TREATMENT
OF ANY SERIOUS MENTAL ILLNESS, TO PROVIDE   ANY MENTAL  HEALTH  SERVICES
FOR  SUCH ILLNESS ON A CONTINUOUS AND SUSTAINED BASIS WITHOUT A  MEDICAL
EVALUATION OF THE ILLNESS BY, AND CONSULTATION WITH, A PHYSICIAN REGARD-
ING SUCH  ILLNESS.  SUCH MEDICAL EVALUATION AND CONSULTATION SHALL BE TO
DETERMINE AND ADVISE WHETHER ANY MEDICAL  CARE  IS  INDICATED  FOR  SUCH
ILLNESS.  FOR  PURPOSES OF THIS SECTION,  "SERIOUS MENTAL ILLNESS" MEANS
SCHIZOPHRENIA,  SCHIZOAFFECTIVE  DISORDER,  BIPOLAR  DISORDER,     MAJOR
DEPRESSIVE  DISORDER,  PANIC DISORDER AND OBSESSIVE-COMPULSIVE DISORDER.
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT, LIMIT  OR  IMPAIR
CONSULTATION WITH ANY OTHER HEALTH OR MENTAL HEALTH PROFESSIONAL.  NOTH-
ING  HEREIN  CONTAINED SHALL LIMIT, MODIFY, RESTRICT OR OTHERWISE AFFECT
THE DEFINITION OF THE PRACTICE  OF  SCHOOL  PSYCHOLOGY  AS  PROVIDED  IN
SECTION EIGHTY-SEVEN HUNDRED TWENTY-TWO OF THIS ARTICLE.
  2.  ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM
THE PROVISIONS OF THIS ARTICLE SHALL BE PROHIBITED FROM:
  (A) PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER 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 SURGERY, LASERS, IONIZING RADIATION,
THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY.
  3. NOTHING IN THIS ARTICLE SHALL BE  DEEMED  TO  AUTHORIZE,  GRANT  OR
EXTEND HOSPITAL PRIVILEGES TO INDIVIDUALS LICENSED UNDER THIS ARTICLE.
  S 8725. LIMITED PERMITS.  1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT
TO AN APPLICANT WHOSE QUALIFICATIONS HAVE BEEN APPROVED FOR ADMISSION TO
THE EXAMINATION IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
  2.  LIMITED  PERMITS  SHALL  BE  FOR  ONE  YEAR AND BE RENEWED, AT THE
DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
  3. THE FEE FOR EACH LIMITED PERMIT  AND  FOR  EACH  RENEWAL  SHALL  BE
SEVENTY DOLLARS.
  S  8726.  EXEMPTIONS.  NOTHING  CONTAINED  IN  THIS  ARTICLE  SHALL BE
CONSTRUED TO:
  1. APPLY TO THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF  ANY
TITLE  BY  ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDI-
CINE WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS
TITLE OR BY ANY PERSON REGISTERED TO PERFORM  SERVICES  AS  A  PHYSICIAN
ASSISTANT  WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B
OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRAC-
TICE PSYCHOLOGY WITHIN  THIS  STATE  PURSUANT  TO  ARTICLE  ONE  HUNDRED
FIFTY-THREE OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHOR-
IZED  TO PRACTICE AS A LICENSED CLINICAL SOCIAL WORKER WITHIN THIS STATE

S. 2923--A                          4

PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FOUR OF  THIS  TITLE,  OR  BY  ANY
PERSON  LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE NURSING AS A REGIS-
TERED PROFESSIONAL NURSE WITHIN THIS STATE  PURSUANT    TO  ARTICLE  ONE
HUNDRED  THIRTY-NINE  OF THIS TITLE, OR BY ANY PERSON LICENSED OR OTHER-
WISE AUTHORIZED TO PRACTICE MENTAL HEALTH COUNSELING, MARRIAGE AND FAMI-
LY THERAPY, CREATIVE  ARTS THERAPY, OR PSYCHOANALYSIS WITHIN  THE  STATE
PURSUANT  TO  ARTICLE  ONE  HUNDRED SIXTY-THREE OF THIS TITLE; PROVIDED,
HOWEVER, THAT NO PHYSICIAN, PHYSICIAN'S  ASSISTANT,  REGISTERED  PROFES-
SIONAL  NURSE,  PSYCHOLOGIST,  LICENSED CLINICAL SOCIAL WORKER, LICENSED
MENTAL  HEALTH  COUNSELOR,  LICENSED  MARRIAGE  AND  FAMILY   THERAPIST,
LICENSED  CREATIVE  ARTS THERAPIST OR LICENSED PSYCHOANALYST MAY USE THE
TITLE UNLESS LICENSED UNDER THIS ARTICLE;
  2. PROHIBIT OR LIMIT ANY INDIVIDUAL WHO IS CREDENTIALED UNDER ANY LAW,
INCLUDING ATTORNEYS, RAPE CRISIS COUNSELORS, CERTIFIED ALCOHOLISM  COUN-
SELORS  AND  CERTIFIED  SUBSTANCE ABUSE COUNSELORS FROM PROVIDING MENTAL
HEALTH SERVICES WITHIN THEIR RESPECTIVE ESTABLISHED AUTHORITIES;
  3. PROHIBIT OR LIMIT THE  PRACTICE OF A PROFESSION  LICENSED  PURSUANT
TO THIS ARTICLE BY A STUDENT, INTERN OR RESIDENT IN, AND AS A PART OF, A
SUPERVISED EDUCATIONAL PROGRAM IN AN INSTITUTION APPROVED BY THE DEPART-
MENT;
  4.  PROHIBIT OR LIMIT THE PROVISION OF PASTORAL COUNSELING SERVICES BY
ANY MEMBER OF THE CLERGY OR CHRISTIAN SCIENCE PRACTITIONER,  WITHIN  THE
CONTEXT OF HIS OR HER MINISTERIAL  CHARGE OR OBLIGATION;
  5.  PROHIBIT OR LIMIT INDIVIDUALS, CHURCHES, SCHOOLS, TEACHERS, ORGAN-
IZATIONS, OR  NOT-FOR-PROFIT  BUSINESSES,  FROM  PROVIDING  INSTRUCTION,
ADVICE, SUPPORT, ENCOURAGEMENT, OR INFORMATION TO INDIVIDUALS, FAMILIES,
AND RELATIONAL GROUPS; OR
  6.  PROHIBIT  OR  LIMIT AN OCCUPATIONAL THERAPIST FROM PERFORMING WORK
CONSISTENT WITH ARTICLE ONE HUNDRED FIFTY-SIX OF THIS TITLE.
  S 8727. SPECIAL PROVISIONS. 1. ANY  NONEXEMPT  PERSON  PRACTICING  THE
PROFESSION  OF  SCHOOL  PSYCHOLOGY  SHALL  APPLY  FOR  A LICENSE OF SUCH
PROFESSION WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
  (A) IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB-
LISHED WITHIN THIS ARTICLE, SUCH PERSON MAY  MEET  ALTERNATIVE  CRITERIA
DETERMINED  BY  THE  DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT OF SUCH
CRITERIA.
  (B) IF SUCH PERSON MEETS THE REQUIREMENTS FOR  A  LICENSE  ESTABLISHED
WITHIN  THIS  ARTICLE, EXCEPT FOR EXAMINATION, AND HAS BEEN CERTIFIED OR
REGISTERED BY A NATIONAL CERTIFYING OR REGISTERING BODY  HAVING  CERTIF-
ICATION  OR  REGISTRATION STANDARDS ACCEPTABLE TO  THE COMMISSIONER, THE
DEPARTMENT SHALL LICENSE WITHOUT EXAMINATION.
  2. NOTWITHSTANDING THE REQUIREMENTS OF  SECTION  EIGHTY-SEVEN  HUNDRED
TWENTY-THREE OF THIS ARTICLE, AND FOR A PERIOD OF TIME NOT TO EXCEED TWO
YEARS  FROM  THE  EFFECTIVE  DATE  OF THIS ARTICLE, AN INDIVIDUAL MAY BE
LICENSED AS A SCHOOL PSYCHOLOGIST PROVIDED SUCH PERSON HAS EITHER:
  (A) MET THE EDUCATIONAL REQUIREMENTS AS DEFINED IN SECTION EIGHTY-SEV-
EN HUNDRED TWENTY-THREE OF THIS ARTICLE AND PERFORMED THE  DUTIES  OF  A
SCHOOL  PSYCHOLOGIST  FOR TWO OF THE PAST FIVE YEARS PRIOR TO THE EFFEC-
TIVE DATE OF THIS ARTICLE; OR
  (B) PERFORMED THE DUTIES OF A SCHOOL PSYCHOLOGIST FOR  AT  LEAST  FIVE
YEARS PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE.
  3. ANY PERSON LICENSED PURSUANT TO THIS ARTICLE MAY USE ACCEPTED CODES
AND  CLASSIFICATIONS  OF SIGNS, SYMPTOMS, DYSFUNCTIONS AND DISORDERS, AS
APPROVED IN ACCORDANCE WITH REGULATIONS  PROMULGATED BY THE  DEPARTMENT,
IN THE PRACTICE OF SUCH LICENSED PROFESSION.

S. 2923--A                          5

  S  2.  Paragraph  a  of subdivision 3 of section 6507 of the education
law, as amended by chapter 356 of the laws of 2006, is amended  to  read
as follows:
  a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the
commissioner shall establish standards requiring that all persons apply-
ing,  on or after January first, nineteen hundred ninety-one, initially,
or for the renewal of, a license, registration or limited permit to be a
physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
trist,   psychiatrist,   psychologist,   LICENSED  SCHOOL  PSYCHOLOGIST,
licensed master social worker, licensed clinical social worker, licensed
creative  arts  therapist,  licensed  marriage  and  family   therapist,
licensed  mental  health  counselor,  licensed  psychoanalyst, or dental
hygienist shall, in addition to all the other  licensure,  certification
or permit requirements, have completed two hours of coursework or train-
ing  regarding  the  identification  and  reporting  of  child abuse and
maltreatment. The coursework or  training  shall  be  obtained  from  an
institution  or  provider  which  has been approved by the department to
provide such coursework or training. The coursework  or  training  shall
include  information regarding the physical and behavioral indicators of
child abuse and maltreatment and the  statutory  reporting  requirements
set out in sections four hundred thirteen through four hundred twenty of
the  social  services  law, including but not limited to, when and how a
report must be made, what other actions  the  reporter  is  mandated  or
authorized  to  take,  the legal protections afforded reporters, and the
consequences for failing to report. Such coursework or training may also
include information regarding the physical and behavioral indicators  of
the abuse of individuals with mental retardation and other developmental
disabilities  and  voluntary  reporting of abused or neglected adults to
the office of mental retardation and developmental disabilities  or  the
local  adult  protective services unit. Each applicant shall provide the
department with documentation showing that he or she has  completed  the
required  training.  The  department shall provide an exemption from the
child abuse and maltreatment training requirements to any applicant  who
requests  such an exemption and who shows, to the department's satisfac-
tion, that there would be no need because of the nature of  his  or  her
practice for him or her to complete such training;
  S  3.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
services law, as amended by section 3 of part D of chapter  501  of  the
laws of 2012, is amended to read as follows:
  (a)  The  following  persons  and  officials are required to report or
cause a report to be made in accordance with this title when  they  have
reasonable  cause  to  suspect  that a child coming before them in their
professional or official capacity is an abused or maltreated  child,  or
when  they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or  other  person
legally  responsible  for  such child comes before them in their profes-
sional or official capacity and states from  personal  knowledge  facts,
conditions or circumstances which, if correct, would render the child an
abused  or maltreated child: any physician; registered physician assist-
ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
psychologist; SCHOOL  PSYCHOLOGIST;  registered  nurse;  social  worker;
emergency medical technician; licensed creative arts therapist; licensed
marriage   and  family  therapist;  licensed  mental  health  counselor;

S. 2923--A                          6

licensed psychoanalyst; hospital personnel  engaged  in  the  admission,
examination,  care  or treatment of persons; a Christian Science practi-
tioner; school official, which includes but is  not  limited  to  school
teacher,  school  guidance counselor, school psychologist, school social
worker, school nurse, school administrator  or  other  school  personnel
required  to  hold  a teaching or administrative license or certificate;
social services worker; director of a children's overnight camp,  summer
day  camp  or  traveling  summer  day camp, as such camps are defined in
section thirteen hundred ninety-two of the public health law;  day  care
center worker; school-age child care worker; provider of family or group
family  day  care; or any other child care or foster care worker; mental
health professional; substance abuse  counselor;  alcoholism  counselor;
all persons credentialed by the office of alcoholism and substance abuse
services;  peace officer; police officer; district attorney or assistant
district attorney; investigator employed in the  office  of  a  district
attorney; or other law enforcement official.
  S 4. Section 7602 of the education law, as added by chapter 987 of the
laws of 1971, is amended to read as follows:
  S 7602. State  board  for  psychology.    A state board for psychology
shall be appointed by the board of  regents  on  recommendation  of  the
commissioner  for  the purpose of assisting the board of regents and the
department on matters of professional licensing and professional conduct
in accordance with section sixty-five hundred eight of this title.   The
board  shall be composed of not less than eleven [psychologists licensed
in this state] MEMBERS, A  NUMBER  OF  WHOM  SHALL  BE  LICENSED  SCHOOL
PSYCHOLOGISTS  SUFFICIENT  TO  ASSURE  MEANINGFUL PARTICIPATION IN BOARD
ACTIVITIES.  An executive secretary to the board shall be  appointed  by
the  board  of  regents  upon the recommendation of the commissioner and
shall be a psychologist, licensed in this state.
  S 5. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction  to
be  invalid,  the  judgment  shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly  involved  in  the
controversy in which the judgment shall have been rendered.
  S  6.  This  act  shall take effect January 1, 2015; provided that the
department of education is authorized to promulgate any  and  all  rules
and  regulations  and take any other measure necessary to implement this
act on or before its effective date, including, but not limited to,  the
appointment  of the state board for psychology, the acceptance and proc-
essing of applications for  licensure  and  the  issuance  of  licenses;
provided  further  that  the  provisions of article 167 of the education
law, as added by section one of this act, requiring a license or limited
permit to practice under such article shall not be enforced until  Janu-
ary 1, 2016.