Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 08, 2014 |
referred to higher education |
May 02, 2013 |
referred to higher education |
Senate Bill S4977
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Higher Education Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D) Senate District
2013-S4977 (ACTIVE) - Details
2013-S4977 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4977 TITLE OF BILL: An act to amend the education law, in relation to clarifying the authorization to practice for mental health practitioners PURPOSE: To amend the definitions of these professions to clarify that these individuals are qualified to diagnose within the practice of each profession. SUMMARY OF PROVISIONS: The education law is amended from section 8402 to section 8405 to include and define diagnosis within the practices of mental health counseling, marriage and family therapy, psychoanalysis and creative arts therapy. JUSTIFICATION: In February 2012, The State Education Department's Mental Health practitioner Board released a report noting the need to amend the scopes of the Education Law Article 163 professions to clarify that these individuals are qualified to "diagnose" within the practice of each profession. These professions include mental health counselors, marriage and family therapists, creative arts therapists and psychoanalysts. The lack of the specific term "diagnosis" in the scope of practices for each of these professions has led some to conclude that these professions may not diagnose in New York. This conclusion does not conform with evidence in both the statute and the implementing regulations that support the professions authority to
2013-S4977 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4977 2013-2014 Regular Sessions I N S E N A T E May 2, 2013 ___________ Introduced by Sen. ROBACH -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law, in relation to clarifying the author- ization to practice for mental health practitioners THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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 2. 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: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10741-01-3
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