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

                                  4219

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced by M. of A. DenDEKKER -- Multi-Sponsored by -- M. of A. SKAR-
  TADOS -- 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  8413
to read as follows:
  S  8413.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07970-01-5
              

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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
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  SIXTEEN,  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 SIXTEEN UP TO THE FIRST REGISTRA-
TION  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

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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
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]

A. 4219                             4

  (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
  (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, 2016.  Effective
immediately, the addition, amendment and/or repeal of any rule or  regu-
lation  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.