NY State Senate Bill 2017-S6582A

Senate Bill S6582A

2017-2018 Legislative Session

Relates to requirements for licensure of mental health practitioners and providing mental health practitioners authority to give diagnosis

download bill text pdf

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 20, 2018	print number 6582a
Apr 20, 2018	amend and recommit to higher education
Jan 03, 2018	referred to higher education
Jun 05, 2017	referred to rules

Bill Amendments

Original

A (Active)

2017-S6582 - Details

See Assembly Version of this Bill:: A8757
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§8401, 8402, 8405, 8409 & 8410, add §§8402-a, 8405-a & 8412-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A4383
2021-2022: A5751

2017-S6582 - Summary

Relates to requirements for licensure of mental health practitioners and providing mental health practitioners authority to give diagnosis.

2017-S6582 - Sponsor Memo

                                 BILL NUMBER:  S6582

 TITLE OF BILL :  An act to amend the education law, in relation to
requirements for licensure of mental health practitioners and
providing mental health practitioners authority to give diagnosis

 PURPOSE :

To establish a pathway for current and future licensed mental health
counselors and licensed psychoanalysts to diagnose, by amending the
requirements for licensure and developing a diagnosis privilege for
those currently licensed who have satisfied certain requirements.

 SUMMARY OF PROVISIONS :

Section one amends Section 8401 of the education law to establish a
definition for the term "diagnosis" for both licensed mental health
counselors (LMHCs) and licensed psychoanalysts (LPs).

Section two amends Section 8402 of the education law, to change the
scope of practice of licensed mental health counselors to include the
authority to diagnose after satisfying certain requirements.

Section three amends Section 8402 of the education law to specify that
the education required for a license as a mental health counselor must
include 12 credit hours of clinical courses and that 2,000 of the

3,000 hours required for supervised experience be direct client
contact hours.

Section four creates a new section 8402-A to establish a diagnosis
privilege when certain requirements are satisfied by either existing
LMHCs or new applicants.

Section five amends Section 8405 of the education law, to change the
scope of practice of licensed psychoanalyst to include the authority
to diagnose after satisfying certain requirements.

Section six amends Section 8405 of the education law to specify that
the education required for a license as a psychoanalyst must include
12 credit hours of clinical courses and the 2,000 hours required for
supervised experience be direct client contact hours.

Section seven creates a new section 8405-A to establish a diagnosis
privilege when certain requirements are satisfied by either existing
LPs or new applicants.

Section eight amends Section 8409 of the education law to allow for
more time under a limited permit for both mental health counselor and
psychoanalyst applicants may gain specific experience under
supervision.

Section nine amends Section 8410 to ensure that currently employed LPs
and LMHCs are allowed to continue the current activities set forth in
their employment when the state and municipal exemption expires.

Section ten creates a new section 8412-A to require that any
continuing education courses used to satisfy the requirements for
diagnosis privilege be separately reviewed and approved by NYSED.

Section eleven sets forth the effective dates.

 JUSTIFICATION :

Chapter 676 of the Laws of 2002 provided for the license of mental
health counselors and licensed psychoanalysts. Both psychotherapy
professionals have the authority to "use assessment instruments and
mental health counseling and psychotherapy to identify, evaluate, and
treat dysfunctions and disorders." However, neither profession was
given the authority to diagnose.

Modeling the licensure requirements for newly licensed mental health
counselors and psychoanalysts to the licensure requirements of
licensed clinical social workers who currently have the authority to
diagnose, will provide New Yorkers confidence that licensed mental
health counselors and licensed psychoanalysts are competent to
diagnose. In addition, advancing pathways for current licensed mental
health counselors and licensed psychoanalysts to achieve a diagnosis
privilege will also ensure competency.

Establishing the ability for licensed mental health counselors and
licensed psychoanalysts to have diagnosis privilege will enable these
highly qualified psychotherapy professionals to provide a full array
of services for those seeking mental health services. As the need for
comprehensive mental health services increases within the State's
vulnerable populations - adolescences, veterans and the elderly -
providing a pathway to diagnosis privilege for licensed mental health
counselors and licensed psychoanalysts will increase access across the
state.

 FISCAL IMPACT :

Professional fees would offset any fiscal impact to the New York State
Education Department.

 EFFECTIVE DATE :
This act shall take effect one year after it shall become law,
provided that section four shall take effect on January first two
thousand twenty two, provided further that effective immediately the
state education department may make any rules or regulations as deemed
necessary to implement the act.

2017-S6582 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6582
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 5, 2017
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the education  law,  in  relation  to  requirements  for
   licensure  of  mental health practitioners and providing mental health
   practitioners authority to give diagnosis

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  8401 of the education law is amended by adding a
 new subdivision 3 to read as follows:
   3. "DIAGNOSIS" MEANS THE PROCESS OF DISTINGUISHING, BEYOND  A  GENERAL
 ASSESSMENT, BETWEEN SIMILAR MENTAL, EMOTIONAL, BEHAVIORAL, DEVELOPMENTAL
 AND ADDICTIVE DISORDERS, IMPAIRMENTS AND DISABILITIES WITHIN A PSYCHOSO-
 CIAL  FRAMEWORK ON THE BASIS OF THEIR SIMILAR AND UNIQUE CHARACTERISTICS
 CONSISTENT WITH ACCEPTED CLASSIFICATION SYSTEMS.
   § 2. Subdivision 2 of section 8402 of the education law, as  added  by
 chapter 676 of the laws of 2002, is amended to read as follows:
   2.  Practice of mental health counseling and use of the titles "mental
 health counselor" and "licensed mental health counselor".   (A)  Only  a
 person  licensed  or  exempt  under  this  article shall practice mental
 health counseling or use the title "mental  health  counselor".  Only  a
 person  licensed under this article shall use the title "licensed mental
 health counselor" or any other designation tending  to  imply  that  the
 person is licensed to practice mental health counseling.
   (B) MENTAL HEALTH COUNSELORS WHO HAVE OBTAINED THE DIAGNOSIS PRIVILEGE
 SET FORTH IN SECTION EIGHTY-FOUR HUNDRED TWO-A OF THIS ARTICLE MAY DIAG-
 NOSE  MENTAL,  EMOTIONAL, BEHAVIORAL, ADDICTIVE AND DEVELOPMENTAL DISOR-
 DERS AND DISABILITIES AND OF THE PSYCHOSOCIAL ASPECTS OF ILLNESS,  INJU-
 RY,   DISABILITY   AND   IMPAIRMENT  UNDERTAKEN  WITHIN  A  PSYCHOSOCIAL
 FRAMEWORK.
   § 3. Paragraphs (b) and (c) of subdivision 3 of section  8402  of  the
 education law, paragraph (b) as added by chapter 676 of the laws of 2002
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11986-01-7

 S. 6582                             2
 
 and  paragraph  (c)  as  amended by chapter 130 of the laws of 2010, are
 amended to read as follows:
   (b)  Education:  Have  received  an education, including a master's or
 higher degree in counseling from a program registered by the  department
 or  determined by the department to be the substantial equivalent there-
 of, WHICH INCLUDES THE COMPLETION OF AT LEAST  TWELVE  CREDIT  HOURS  OF
 CLINICAL  COURSES,  in accordance with the commissioner's regulations. A
 PERSON WHO HAS RECEIVED A MASTER'S, OR EQUIVALENT DEGREE IN  COUNSELING,
 DURING  WHICH  THEY DID NOT COMPLETE ALL TWELVE CREDIT HOURS OF CLINICAL
 COURSES, MAY SATISFY THIS REQUIREMENT BY COMPLETING ANY REMAINING EQUIV-
 ALENT POST-GRADUATE CLINICAL COURSES, IN ACCORDANCE WITH THE COMMISSION-
 ER'S REGULATIONS. The graduate coursework  shall  include,  but  not  be
 limited to, the following areas:
   (i) human growth and development;
   (ii) social and cultural foundations of counseling;
   (iii) counseling theory and practice and psychopathology;
   (iv) group dynamics;
   (v) lifestyle and career development;
   (vi) assessment and appraisal of individuals, couples and families and
 groups;
   (vii) research and program evaluation;
   (viii) professional orientation and ethics;
   (ix) foundations of mental health counseling and consultation;
   (x) clinical instruction; and
   (xi) completion of a minimum one year supervised internship or practi-
 cum in mental health counseling;
   (c)  Experience:  An applicant shall complete a minimum of three thou-
 sand hours of post-master's supervised experience relevant to the  prac-
 tice  of  mental  health  counseling,  TWO THOUSAND HOURS OF WHICH SHALL
 INCLUDE DIAGNOSIS, PSYCHOTHERAPY, AND ASSESSMENT-BASED TREATMENT  PLANS,
 satisfactory  to  the  board  and  in accordance with the commissioner's
 regulations. Satisfactory experience obtained  in  an  entity  operating
 under  a  waiver issued by the department pursuant to section sixty-five
 hundred three-a of  this  title  may  be  accepted  by  the  department,
 notwithstanding that such experience may have been obtained prior to the
 effective  date  of such section sixty-five hundred three-a and/or prior
 to the entity having obtained a waiver. The  department  may,  for  good
 cause  shown,  accept  satisfactory  experience  that  was obtained in a
 setting that would have been eligible for a waiver  but  which  has  not
 obtained a waiver from the department or experience that was obtained in
 good  faith  by the applicant under the belief that appropriate authori-
 zation had been obtained for the experience, provided that such  experi-
 ence meets all other requirements for acceptable experience;
   §  4.  The  education law is amended by adding a new section 8402-a to
 read as follows:
   § 8402-A. DIAGNOSIS PRIVILEGE. 1. APPLICANTS LICENSED ON JANUARY FIRST
 TWO THOUSAND TWENTY-TWO OR THEREAFTER ARE  AUTHORIZED  TO  DIAGNOSE,  AS
 PROVIDED  IN  PARAGRAPH  (B)  OF  SUBDIVISION TWO OF SECTION EIGHTY-FOUR
 HUNDRED TWO OF THIS ARTICLE, AND AS  DEFINED  IN  SUBDIVISION  THREE  OF
 SECTION  EIGHTY-FOUR  HUNDRED  ONE  OF  THIS ARTICLE WITHOUT MEETING ANY
 ADDITIONAL REQUIREMENTS.
   2. APPLICANTS FOR LICENSE AS A MENTAL HEALTH COUNSELOR WHO  HAVE  BEEN
 ISSUED  A  LIMITED PERMIT AFTER SUCCESSFULLY COMPLETING THE REQUIREMENTS
 OF PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION EIGHTY-FOUR HUNDRED TWO
 OF THIS ARTICLE, WHICH INCLUDES TWELVE CREDIT HOURS OF CLINICAL COURSES,
 ARE AUTHORIZED TO DIAGNOSE AS PROVIDED IN PARAGRAPH (B)  OF  SUBDIVISION

 S. 6582                             3
 
 TWO  OF  SECTION EIGHTY-FOUR HUNDRED TWO OF THIS ARTICLE, AND AS DEFINED
 IN SUBDIVISION THREE OF SECTION EIGHTY-FOUR HUNDRED ONE OF THIS ARTICLE,
 WHILE UNDER SUPERVISION.
   3.  THOSE  LICENSED  PRIOR  TO JANUARY FIRST, TWO THOUSAND TWENTY-TWO,
 SHALL BE GRANTED THE PRIVILEGE TO DIAGNOSE AS PROVIDED IN PARAGRAPH  (B)
 OF  SUBDIVISION  TWO OF SECTION EIGHTY-FOUR HUNDRED TWO OF THIS ARTICLE,
 AND AS DEFINED IN SUBDIVISION THREE OF SECTION EIGHTY-FOUR  HUNDRED  ONE
 OF THIS ARTICLE, IF THE LICENSEE FULFILLS THE FOLLOWING REQUIREMENTS:
   (A) FILES AN APPLICATION WITH THE DEPARTMENT;
   (B) IS LICENSED AND REGISTERED AS A MENTAL HEALTH COUNSELOR; AND:
   (I)  PROVIDES  VERIFICATION  OF TWELVE CREDIT HOURS OF CLINICAL COURSE
 WORK AS DEFINED BY THE DEPARTMENT FROM A COLLEGE OR UNIVERSITY  ACCEPTA-
 BLE TO THE DEPARTMENT; OR
   (II)  PROVIDES VERIFICATION OF A MINIMUM OF TWO YEARS OF EMPLOYMENT AS
 A LICENSED MENTAL HEALTH COUNSELOR BY A LICENSED SUPERVISOR OR COLLEAGUE
 ON FORMS ACCEPTABLE TO THE DEPARTMENT, IN A PROGRAM OR SERVICE OPERATED,
 REGULATED, FUNDED, OR APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE,  THE
 OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES, THE OFFICE OF TEMPORARY AND
 DISABILITY ASSISTANCE,  THE  DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY
 SUPERVISION,  THE  STATE OFFICE FOR THE AGING, THE DEPARTMENT OF HEALTH,
 OR A LOCAL GOVERNMENTAL UNIT AS THAT TERM IS DEFINED IN  ARTICLE  FORTY-
 ONE  OF  THE MENTAL HYGIENE LAW OR A SOCIAL SERVICES DISTRICT AS DEFINED
 IN SECTION SIXTY-ONE OF THE SOCIAL SERVICES LAW; OR
   (III) PROVIDES VERIFICATION OF BEING LICENSED  AS  A  LICENSED  MENTAL
 HEALTH COUNSELOR FOR A MINIMUM OF TWO YEARS; AND
   (1)  PROVIDES  DOCUMENTATION  OF AT LEAST SIX CREDIT HOURS OF CLINICAL
 COURSEWORK AS DEFINED BY THE DEPARTMENT FROM  A  COLLEGE  OR  UNIVERSITY
 ACCEPTABLE TO THE DEPARTMENT; OR
   (2)  PROVIDES  DOCUMENTATION  OF  AT  LEAST TWELVE HOURS OF CONTINUING
 EDUCATION IN CLINICAL COURSEWORK SUBJECT TO SECTION EIGHTY-FOUR  HUNDRED
 TWELVE-A OF THIS ARTICLE; AND
   (C) PAYS A FEE TO THE DEPARTMENT OF TWO HUNDRED TWENTY DOLLARS.
   4.  A  PRIVILEGE  TO DIAGNOSE ISSUED UNDER THIS SECTION SHALL BE VALID
 FOR THE LIFE OF THE HOLDER, UNLESS REVOKED, ANNULLED,  OR  SUSPENDED  BY
 THE  BOARD  OF  REGENTS.  SUCH  A PRIVILEGE SHALL BE SUBJECT TO THE SAME
 OVERSIGHT AND DISCIPLINARY PROVISIONS  AS  LICENSES  ISSUED  UNDER  THIS
 TITLE.
   §  5.  Subdivision 2 of section 8405 of the education law, as added by
 chapter 676 of the laws of 2002, is amended to read as follows:
   2. Practice of psychoanalysis and use of  the  titles  "psychoanalyst"
 and "licensed psychoanalyst". (A) Only a person licensed or exempt under
 this  article shall practice psychoanalysis or use the title "psychoana-
 lyst".  Only a person licensed under this article shall  use  the  title
 "licensed  psychoanalyst" or any other designation tending to imply that
 the person is licensed to practice psychoanalysis.
   (B) PSYCHOANALYSTS WHO HAVE OBTAINED THE DIAGNOSIS  PRIVILEGE  AS  SET
 FORTH IN SECTION EIGHTY-FOUR HUNDRED FIVE-A OF THIS ARTICLE MAY DIAGNOSE
 MENTAL, EMOTIONAL, BEHAVIORAL, ADDICTIVE AND DEVELOPMENTAL DISORDERS AND
 DISABILITIES  AND  OF THE PSYCHOSOCIAL ASPECTS OF ILLNESS, INJURY, DISA-
 BILITY AND IMPAIRMENT UNDERTAKEN WITHIN A PSYCHOSOCIAL FRAMEWORK.
   § 6. Paragraphs (b) and (c) of subdivision 3 of section  8405  of  the
 education law, paragraph (b) as added by chapter 676 of the laws of 2002
 and  paragraph  (c)  as  amended by chapter 130 of the laws of 2010, are
 amended to read as follows:
   (b) Education: Have received  a  master's  degree  or  higher  from  a
 degree-granting  program registered by the department or the substantial

 S. 6582                             4
 
 equivalent and have completed a  program  of  study  registered  by  the
 department  in  a  psychoanalytic  institute  chartered  by the board of
 regents or the substantial equivalent as determined by  the  department.
 The program of study in a psychoanalytic institute shall include course-
 work  substantially  equivalent  to  coursework  required for a master's
 degree in a health or mental  health  field  of  study  AND  SHALL  ALSO
 INCLUDE  THE  COMPLETION  OF  AT  LEAST  TWELVE CREDIT HOURS OF CLINICAL
 COURSES. AN  INDIVIDUAL  WHO  HAS  COMPLETED  A  LICENSED  PSYCHOANALYST
 PROGRAM THAT DID NOT INCLUDE TWELVE CREDIT HOURS OF CLINICAL COURSES MAY
 SATISFY  THIS  REQUIREMENT  BY COMPLETING ANY REMAINING EQUIVALENT POST-
 GRADUATE CLINICAL COURSES, IN ACCORDANCE WITH THE  COMMISSIONER'S  REGU-
 LATIONS.  The  coursework  shall  include,  but  not  be limited to, the
 following areas:
   (i) personality development;
   (ii) psychoanalytic theory of psychopathology;
   (iii) psychoanalytic theory of psychodiagnosis;
   (iv) sociocultural influence on growth and psychopathology;
   (v) practice technique (including dreams and symbolic processes);
   (vi) analysis of resistance, transference, and countertransference;
   (vii) case seminars on clinical practice;
   (viii) practice in psychopathology and psychodiagnosis;
   (ix) professional ethics and psychoanalytic research methodology; and
   (x) a minimum of three hundred hours  of  personal  analysis  and  one
 hundred fifty hours of supervised analysis;
   (c)  Experience:  Have  completed  a  minimum of [fifteen hundred] TWO
 THOUSAND hours of supervised clinical practice WHICH SHALL INCLUDE DIAG-
 NOSIS, PSYCHOTHERAPY, AND ASSESSMENT-BASED TREATMENT PLANS  satisfactory
 to the department and in accordance with the commissioner's regulations.
 Satisfactory  experience  obtained in an entity operating under a waiver
 issued by the department pursuant to section sixty-five hundred  three-a
 of  this  title  may be accepted by the department, notwithstanding that
 such experience may have been obtained prior to the  effective  date  of
 such  section  sixty-five  hundred  three-a  and/or  prior to the entity
 having obtained a waiver. The department  may,  for  good  cause  shown,
 accept satisfactory experience that was obtained in a setting that would
 have been eligible for a waiver but which has not obtained a waiver from
 the  department  or  experience  that  was obtained in good faith by the
 applicant under the  belief  that  appropriate  authorization  had  been
 obtained  for  the  experience,  provided that such experience meets all
 other requirements for acceptable experience;
   § 7. The education law is amended by adding a new  section  8405-a  to
 read as follows:
   § 8405-A. DIAGNOSIS  PRIVILEGE.  1.  APPLICANTS  LICENSED  ON  JANUARY
 FIRST, TWO THOUSAND TWENTY-TWO OR THEREAFTER ARE AUTHORIZED TO  DIAGNOSE
 AS  PROVIDED  IN PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION EIGHTY-FOUR
 HUNDRED FIVE OF THIS ARTICLE AND FURTHER DEFINED IN SUBDIVISION THREE OF
 SECTION EIGHTY-FOUR HUNDRED ONE OF  THIS  ARTICLE  WITHOUT  MEETING  ANY
 ADDITIONAL REQUIREMENTS.
   2.  APPLICANTS  FOR  LICENSE AS A PSYCHOANALYST WHO HAVE BEEN ISSUED A
 LIMITED PERMIT AFTER SUCCESSFULLY COMPLETING THE REQUIREMENTS  OF  PARA-
 GRAPH (B) OF SUBDIVISION TWO OF SECTION EIGHTY-FOUR HUNDRED FIVE OF THIS
 ARTICLE,  WHICH  INCLUDES  TWELVE  CREDIT  HOURS OF CLINICAL COURSES ARE
 AUTHORIZED TO DIAGNOSE AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION THREE
 OF SECTION EIGHTY-FOUR HUNDRED FIVE OF THIS ARTICLE, AND AS  DEFINED  IN
 SUBDIVISION  THREE  OF  SECTION  EIGHTY-FOUR HUNDRED ONE OF THIS ARTICLE
 WHILE UNDER SUPERVISION.

 S. 6582                             5

   3. FOR THOSE LICENSED PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-TWO,
 SHALL BE GRANTED THE PRIVILEGE TO DIAGNOSE AS PROVIDED IN PARAGRAPH  (C)
 OF  SUBDIVISION ONE OF SECTION EIGHTY-FOUR HUNDRED FIVE OF THIS ARTICLE,
 AND FURTHER DEFINED IN SUBDIVISION THREE OF SECTION EIGHTY-FOUR  HUNDRED
 ONE OF THIS ARTICLE IF THE LICENSEE FULFILLS THE FOLLOWING REQUIREMENTS:
   (A) FILES AN APPLICATION WITH THE DEPARTMENT;
   (B) IS LICENSED AND REGISTERED AS A PSYCHOANALYST; AND
   (I)  PROVIDES  VERIFICATION  OF TWELVE CREDIT HOURS OF CLINICAL COURSE
 WORK AS DEFINED BY THE DEPARTMENT FROM A COLLEGE, UNIVERSITY, OR  INSTI-
 TUTE ACCEPTABLE TO THE DEPARTMENT; OR
   (II)  PROVIDES VERIFICATION OF A MINIMUM OF TWO YEARS OF EMPLOYMENT AS
 A LICENSED PSYCHOANALYST BY A LICENSED SUPERVISOR OR COLLEAGUE ON  FORMS
 ACCEPTABLE  TO  THE  DEPARTMENT, IN A PROGRAM OR SERVICE OPERATED, REGU-
 LATED, FUNDED, OR APPROVED BY THE  DEPARTMENT  OF  MENTAL  HYGIENE,  THE
 OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES, THE OFFICE OF TEMPORARY AND
 DISABILITY ASSISTANCE,  THE  DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY
 SUPERVISION,  THE  STATE OFFICE FOR THE AGING, THE DEPARTMENT OF HEALTH,
 OR A LOCAL GOVERNMENTAL UNIT AS THAT TERM IS DEFINED IN  ARTICLE  FORTY-
 ONE  OF  THE MENTAL HYGIENE LAW OR A SOCIAL SERVICES DISTRICT AS DEFINED
 IN SECTION SIXTY-ONE OF THE SOCIAL SERVICES LAW; OR
   (III) PROVIDES VERIFICATION OF BEING LICENSED AS A LICENSED PSYCHOANA-
 LYST FOR A MINIMUM OF THREE YEARS; AND
   (1) PROVIDES DOCUMENTATION OF AT LEAST SIX CREDIT  HOURS  OF  CLINICAL
 COURSEWORK  AS  DEFINED BY THE DEPARTMENT FROM A COLLEGE, UNIVERSITY, OR
 INSTITUTE ACCEPTABLE TO THE DEPARTMENT; OR
   (2) PROVIDES DOCUMENTATION OF AT  LEAST  TWELVE  HOURS  OF  CONTINUING
 EDUCATION  IN CLINICAL COURSEWORK SUBJECT TO SECTION EIGHTY-FOUR HUNDRED
 TWELVE-A OF THIS ARTICLE; AND
   (C) PAYS A FEE TO THE DEPARTMENT OF TWO HUNDRED TWENTY DOLLARS.
   4. A PRIVILEGE TO DIAGNOSE ISSUED UNDER THIS SECTION  SHALL  BE  VALID
 FOR  THE  LIFE  OF THE HOLDER, UNLESS REVOKED, ANNULLED, OR SUSPENDED BY
 THE BOARD OF REGENTS. SUCH A PRIVILEGE SHALL  BE  SUBJECT  TO  THE  SAME
 OVERSIGHT  AND  DISCIPLINARY  PROVISIONS  AS  LICENSES ISSUED UNDER THIS
 TITLE.
   § 8. Subdivision 2 of section 8409 of the education law, as amended by
 chapter 485 of the laws of 2013, is amended to read as follows:
   2. Limited permits shall  be  for  [two]  THREE  years;  such  limited
 permits  may  be renewed, at the discretion of the department, for up to
 two additional one year periods.
   § 9. Section 8410 of the education law is  amended  by  adding  a  new
 subdivision 9 to read as follows:
   9.  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, NOTHING IN
 THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR LIMIT THE  ACTIVITIES  OR
 SERVICES PROVIDED UNDER THIS ARTICLE ON THE PART OF ANY PERSON WHO, UPON
 THE EFFECTIVE DATE OF THIS SUBDIVISION, IS IN THE EMPLOY OF A PROGRAM OR
 SERVICE,  AS  DEFINED  IN THIS ARTICLE, FOR THE PERIOD DURING WHICH SUCH
 PERSON MAINTAINS EMPLOYMENT IN SUCH PROGRAM OR SERVICE.    THIS  SECTION
 SHALL  NOT  AUTHORIZE  THE  USE OF ANY TITLE AUTHORIZED PURSUANT TO THIS
 ARTICLE BY ANY SUCH EMPLOYED PERSON, EXCEPT  AS  OTHERWISE  PROVIDED  BY
 THIS  ARTICLE  RESPECTIVELY.  PROVIDED  HOWEVER,  THAT  ANY  PERSON  WHO
 COMMENCES EMPLOYMENT IN SUCH PROGRAM OR SERVICE ON OR AFTER JULY  FIRST,
 TWO  THOUSAND  EIGHTEEN  AND PERFORMS SERVICES THAT ARE RESTRICTED UNDER
 THIS ARTICLE SHALL BE APPROPRIATELY LICENSED OR  AUTHORIZED  UNDER  THIS
 ARTICLE.
   §  10.  The education law is amended by adding a new section 8412-a to
 read as follows:

 S. 6582                             6
 
   § 8412-A. CONTINUING EDUCATION FOR DIAGNOSIS PRIVILEGE. 1.  CONTINUING
 EDUCATION REQUIRED IN CLAUSE TWO OF SUBPARAGRAPH (III) OF PARAGRAPH  (B)
 OF  SUBDIVISION THREE OF SECTION EIGHTY-FOUR HUNDRED TWO-A OF THIS ARTI-
 CLE SHALL:
   (A)  BE  OFFERED  BY A PROVIDER APPROVED BY THE DEPARTMENT PURSUANT TO
 PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION EIGHTY-FOUR HUNDRED TWELVE
 OF THIS ARTICLE; AND
   (B) IN ADDITION TO MEETING THE STANDARDS SET FORTH IN PARAGRAPH (A) OF
 SUBDIVISION THREE OF SECTION EIGHTY-FOUR HUNDRED TWELVE OF THIS ARTICLE,
 BE DETERMINED BY THE DEPARTMENT AS PROVIDING  CLINICAL  CONTENT  IN  THE
 FOLLOWING AREAS:
   (I) DIAGNOSIS IN CLINICAL PRACTICE;
   (II) ASSESSMENT BASED TREATMENT; OR
   (III) CLINICAL PRACTICE WITH GENERAL AND SPECIAL POPULATIONS.
   2.  THE  DEPARTMENT  SHALL  MAINTAIN  A  LIST  OF CONTINUING EDUCATION
 APPROVED BY THE DEPARTMENT AS MEETING THE REQUIREMENTS OF THIS SECTION.
   3. A SEPARATE CONTINUING EDUCATION APPROVAL APPLICATION FEE, AS DETER-
 MINED BY THE DEPARTMENT, SHALL BE APPLIED TO PROVIDERS SEEKING  APPROVAL
 OF CONTINUING EDUCATION THAT MEETS THE REQUIREMENTS OF THIS SECTION.
   § 11. This act shall take effect one year after it shall have become a
 law, provided that section four of this act shall take effect January 1,
 2022,  provided  further  that effective immediately the state education
 department may promulgate rules and regulations as shall be necessary to
 implement the provisions of this act.

co-Sponsors

2017-S6582A (ACTIVE) - Details

See Assembly Version of this Bill:: A8757
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§8401, 8402, 8405, 8409 & 8410, add §§8402-a, 8405-a & 8412-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A4383
2021-2022: A5751

2017-S6582A (ACTIVE) - Summary

Relates to requirements for licensure of mental health practitioners and providing mental health practitioners authority to give diagnosis.

2017-S6582A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6582A

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the education law, in relation to requirements for
licensure of mental health practitioners and providing mental health
practitioners authority to give diagnosis

 
PURPOSE:

To establish a pathway for current and future licensed mental health
counselors and licensed psychoanalysts to diagnose, by amending the
requirements for licensure and developing a diagnosis privilege for
those currently licensed who have satisfied certain requirements.

 
SUMMARY OF PROVISIONS:

Section one amends Section 8401 of the education law to establish a
definition for the term "diagnosis" for both licensed mental health
counselors (LMHCs) and licensed psychoanalysts (LPs).

Section two amends Section 8402 of the education law, to change the
scope of practice of licensed mental health counselors to include the
authority to diagnose after satisfying certain requirements.

Section three amends Section 8402 of the education law to specify that
the education required for a license as a mental health counselor must
include 12 credit hours of clinical courses and that 2,000 of the 3,000
hours required for supervised experience be direct client contact hours.

Section four creates a new section 8402-A to establish a diagnosis priv-
ilege when certain requirements are satisfied by either existing LMHCs
or new applicants.

Section five amends Section 8405 of the education law, to change the
scope of practice of licensed psychoanalyst to include the authority to
diagnose after satisfying certain requirements.

Section six amends Section 8405 of the education law to specify that the
education required for a license as a psychoanalyst must include 12
credit hours of clinical courses and the 2,000 hours required for super-
vised experience be direct client contact hours.

Section seven creates a new section 8405-A to establish a diagnosis
privilege when certain requirements are satisfied by either existing LPs
or new applicants.

Section eight amends Section 8409 of the education law to allow for more
time under a limited permit for both mental health counselor and psycho-
analyst applicants may gain specific experience under supervision.

Section nine amends Section 8410 to ensure that currently employed LPs
and LMHCs are allowed to continue the current activities set forth in
their employment when the state and municipal exemption expires.

Section ten creates a new section 8412-A to require that any continuing
education courses used to satisfy the requirements for diagnosis privi-
lege be separately reviewed and approved by NYSED.
Section eleven sets forth the effective dates.

 
JUSTIFICATIONS:

Chapter 676 of the Laws of 2002 provided for the license of mental
health counselors and licensed psychoanalysts. Both psychotherapy
professionals have the authority to "use assessment instruments and
mental health counseling and psychotherapy to identify, evaluate, and
treat dysfunctions and disorders." However, neither profession was given
the authority to diagnose.

Modeling the licensure requirements for newly licensed mental health
counselors and psychoanalysts to the licensure requirements of licensed
clinical social workers who currently have the authority to diagnose,
will provide New Yorkers confidence that licensed mental health counse-
lors and licensed psychoanalysts are competent to diagnose. In addition,
advancing pathways for current licensed mental health counselors and
licensed psychoanalysts to achieve a diagnosis privilege will also
ensure competency.

Establishing the ability for licensed mental health counselors and
licensed psychoanalysts to have diagnosis privilege will enable these
highly qualified psychotherapy professionals to provide a full array of
services for those seeking mental health services. As the need for
comprehensive mental health services increases within the State's
vulnerable populations - adolescences, veterans and the elderly -
providing a pathway to diagnosis privilege for licensed mental health
counselors and licensed psychoanalysts will increase access across the
state.

 
FISCAL IMPACT:

Professional fees would offset any fiscal impact to the New York State
Education Department.

 
EFFECTIVE DATE:
This act shall take effect one year after it shall become law, provided
that section four shall take effect on January first two thousand twenty
three, provided further that effective immediately the state education
department may make any rules or regulations as deemed necessary to
implement the act.

2017-S6582A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6582--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 5, 2017
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the  Committee  on  Higher Education in accordance with Senate Rule 6,
   sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee

 AN  ACT  to  amend  the  education  law, in relation to requirements for
   licensure of mental health practitioners and providing  mental  health
   practitioners authority to give diagnosis
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 8401 of the education law is amended  by  adding  a
 new subdivision 3 to read as follows:
   3.  "DIAGNOSIS"  MEANS THE PROCESS OF DISTINGUISHING, BEYOND A GENERAL
 ASSESSMENT, BETWEEN SIMILAR MENTAL, EMOTIONAL, BEHAVIORAL, DEVELOPMENTAL
 AND ADDICTIVE DISORDERS, IMPAIRMENTS AND DISABILITIES WITHIN A PSYCHOSO-
 CIAL FRAMEWORK ON THE BASIS OF THEIR SIMILAR AND UNIQUE  CHARACTERISTICS
 CONSISTENT WITH ACCEPTED CLASSIFICATION SYSTEMS.
   §  2.  Subdivision 2 of section 8402 of the education law, as added by
 chapter 676 of the laws of 2002, is amended to read as follows:
   2. Practice of mental health counseling and use of the titles  "mental
 health  counselor"  and  "licensed mental health counselor".  (A) Only a
 person licensed or exempt  under  this  article  shall  practice  mental
 health  counseling  or  use  the title "mental health counselor". Only a
 person licensed under this article shall use the title "licensed  mental
 health  counselor"  or  any  other designation tending to imply that the
 person is licensed to practice mental health counseling.
   (B) MENTAL HEALTH COUNSELORS WHO HAVE OBTAINED THE DIAGNOSIS PRIVILEGE
 SET FORTH IN SECTION EIGHTY-FOUR HUNDRED TWO-A OF THIS ARTICLE MAY DIAG-
 NOSE MENTAL, EMOTIONAL, BEHAVIORAL, ADDICTIVE AND  DEVELOPMENTAL  DISOR-
 DERS  AND DISABILITIES AND OF THE PSYCHOSOCIAL ASPECTS OF ILLNESS, INJU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11986-02-8

 S. 6582--A                          2
 
 RY,  DISABILITY  AND  IMPAIRMENT  UNDERTAKEN   WITHIN   A   PSYCHOSOCIAL
 FRAMEWORK.
   §  3.  Paragraphs  (b) and (c) of subdivision 3 of section 8402 of the
 education law, paragraph (b) as added by chapter 676 of the laws of 2002
 and paragraph (c) as amended by chapter 130 of the  laws  of  2010,  are
 amended to read as follows:
   (b)  Education:  Have  received  an education, including a master's or
 higher degree in counseling from a program registered by the  department
 or  determined by the department to be the substantial equivalent there-
 of, WHICH INCLUDES THE COMPLETION OF AT LEAST  TWELVE  CREDIT  HOURS  OF
 CLINICAL  COURSES,  in accordance with the commissioner's regulations. A
 PERSON WHO HAS RECEIVED A MASTER'S, OR EQUIVALENT DEGREE IN  COUNSELING,
 DURING  WHICH  THEY DID NOT COMPLETE ALL TWELVE CREDIT HOURS OF CLINICAL
 COURSES, MAY SATISFY THIS REQUIREMENT BY COMPLETING ANY REMAINING EQUIV-
 ALENT POST-GRADUATE CLINICAL COURSES, IN ACCORDANCE WITH THE COMMISSION-
 ER'S REGULATIONS. The graduate coursework  shall  include,  but  not  be
 limited to, the following areas:
   (i) human growth and development;
   (ii) social and cultural foundations of counseling;
   (iii) counseling theory and practice and psychopathology;
   (iv) group dynamics;
   (v) lifestyle and career development;
   (vi) assessment and appraisal of individuals, couples and families and
 groups;
   (vii) research and program evaluation;
   (viii) professional orientation and ethics;
   (ix) foundations of mental health counseling and consultation;
   (x) clinical instruction; and
   (xi) completion of a minimum one year supervised internship or practi-
 cum in mental health counseling;
   (c)  Experience:  An applicant shall complete a minimum of three thou-
 sand hours of post-master's supervised experience relevant to the  prac-
 tice  of  mental  health  counseling,  TWO THOUSAND HOURS OF WHICH SHALL
 INCLUDE DIAGNOSIS, PSYCHOTHERAPY, AND ASSESSMENT-BASED TREATMENT  PLANS,
 satisfactory  to  the  board  and  in accordance with the commissioner's
 regulations. Satisfactory experience obtained  in  an  entity  operating
 under  a  waiver issued by the department pursuant to section sixty-five
 hundred three-a of  this  title  may  be  accepted  by  the  department,
 notwithstanding that such experience may have been obtained prior to the
 effective  date  of such section sixty-five hundred three-a and/or prior
 to the entity having obtained a waiver. The  department  may,  for  good
 cause  shown,  accept  satisfactory  experience  that  was obtained in a
 setting that would have been eligible for a waiver  but  which  has  not
 obtained a waiver from the department or experience that was obtained in
 good  faith  by the applicant under the belief that appropriate authori-
 zation had been obtained for the experience, provided that such  experi-
 ence meets all other requirements for acceptable experience;
   §  4.  The  education law is amended by adding a new section 8402-a to
 read as follows:
   § 8402-A. DIAGNOSIS PRIVILEGE. 1. APPLICANTS LICENSED ON JANUARY FIRST
 TWO THOUSAND TWENTY-THREE OR THEREAFTER ARE AUTHORIZED TO  DIAGNOSE,  AS
 PROVIDED  IN  PARAGRAPH  (B)  OF  SUBDIVISION TWO OF SECTION EIGHTY-FOUR
 HUNDRED TWO OF THIS ARTICLE, AND AS  DEFINED  IN  SUBDIVISION  THREE  OF
 SECTION  EIGHTY-FOUR  HUNDRED  ONE  OF  THIS ARTICLE WITHOUT MEETING ANY
 ADDITIONAL REQUIREMENTS.

 S. 6582--A                          3
 
   2. APPLICANTS FOR LICENSE AS A MENTAL HEALTH COUNSELOR WHO  HAVE  BEEN
 ISSUED  A  LIMITED PERMIT AFTER SUCCESSFULLY COMPLETING THE REQUIREMENTS
 OF PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION EIGHTY-FOUR HUNDRED TWO
 OF THIS ARTICLE, WHICH INCLUDES TWELVE CREDIT HOURS OF CLINICAL COURSES,
 ARE  AUTHORIZED  TO DIAGNOSE AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION
 TWO OF SECTION EIGHTY-FOUR HUNDRED TWO OF THIS ARTICLE, AND  AS  DEFINED
 IN SUBDIVISION THREE OF SECTION EIGHTY-FOUR HUNDRED ONE OF THIS ARTICLE,
 WHILE UNDER SUPERVISION.
   3.  THOSE  LICENSED PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-THREE,
 SHALL BE GRANTED THE PRIVILEGE TO DIAGNOSE AS PROVIDED IN PARAGRAPH  (B)
 OF  SUBDIVISION  TWO OF SECTION EIGHTY-FOUR HUNDRED TWO OF THIS ARTICLE,
 AND AS DEFINED IN SUBDIVISION THREE OF SECTION EIGHTY-FOUR  HUNDRED  ONE
 OF THIS ARTICLE, IF THE LICENSEE FULFILLS THE FOLLOWING REQUIREMENTS:
   (A) FILES AN APPLICATION WITH THE DEPARTMENT;
   (B) IS LICENSED AND REGISTERED AS A MENTAL HEALTH COUNSELOR; AND:
   (I)  PROVIDES  VERIFICATION  OF TWELVE CREDIT HOURS OF CLINICAL COURSE
 WORK AS DEFINED BY THE DEPARTMENT FROM A COLLEGE OR UNIVERSITY  ACCEPTA-
 BLE TO THE DEPARTMENT; OR
   (II)  PROVIDES VERIFICATION OF A MINIMUM OF TWO YEARS OF EMPLOYMENT AS
 A LICENSED MENTAL HEALTH COUNSELOR BY A LICENSED SUPERVISOR OR COLLEAGUE
 ON FORMS ACCEPTABLE TO THE DEPARTMENT, IN A PROGRAM OR SERVICE OPERATED,
 REGULATED, FUNDED, OR APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE,  THE
 OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES, THE OFFICE OF TEMPORARY AND
 DISABILITY ASSISTANCE,  THE  DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY
 SUPERVISION,  THE  STATE OFFICE FOR THE AGING, THE DEPARTMENT OF HEALTH,
 OR A LOCAL GOVERNMENTAL UNIT AS THAT TERM IS DEFINED IN  ARTICLE  FORTY-
 ONE  OF  THE MENTAL HYGIENE LAW OR A SOCIAL SERVICES DISTRICT AS DEFINED
 IN SECTION SIXTY-ONE OF THE SOCIAL SERVICES LAW; OR
   (III) PROVIDES VERIFICATION OF BEING LICENSED  AS  A  LICENSED  MENTAL
 HEALTH COUNSELOR FOR A MINIMUM OF TWO YEARS; AND
   (1)  PROVIDES  DOCUMENTATION  OF AT LEAST SIX CREDIT HOURS OF CLINICAL
 COURSEWORK AS DEFINED BY THE DEPARTMENT FROM  A  COLLEGE  OR  UNIVERSITY
 ACCEPTABLE TO THE DEPARTMENT; OR
   (2)  PROVIDES  DOCUMENTATION  OF  AT  LEAST TWELVE HOURS OF CONTINUING
 EDUCATION IN CLINICAL COURSEWORK SUBJECT TO SECTION EIGHTY-FOUR  HUNDRED
 TWELVE-A OF THIS ARTICLE; AND
   (C) PAYS A FEE TO THE DEPARTMENT OF TWO HUNDRED TWENTY DOLLARS.
   4.  A  PRIVILEGE  TO DIAGNOSE ISSUED UNDER THIS SECTION SHALL BE VALID
 FOR THE LIFE OF THE HOLDER, UNLESS REVOKED, ANNULLED,  OR  SUSPENDED  BY
 THE  BOARD  OF  REGENTS.  SUCH  A PRIVILEGE SHALL BE SUBJECT TO THE SAME
 OVERSIGHT AND DISCIPLINARY PROVISIONS  AS  LICENSES  ISSUED  UNDER  THIS
 TITLE.
   §  5.  Subdivision 2 of section 8405 of the education law, as added by
 chapter 676 of the laws of 2002, is amended to read as follows:
   2. Practice of psychoanalysis and use of  the  titles  "psychoanalyst"
 and "licensed psychoanalyst". (A) Only a person licensed or exempt under
 this  article shall practice psychoanalysis or use the title "psychoana-
 lyst".  Only a person licensed under this article shall  use  the  title
 "licensed  psychoanalyst" or any other designation tending to imply that
 the person is licensed to practice psychoanalysis.
   (B) PSYCHOANALYSTS WHO HAVE OBTAINED THE DIAGNOSIS  PRIVILEGE  AS  SET
 FORTH IN SECTION EIGHTY-FOUR HUNDRED FIVE-A OF THIS ARTICLE MAY DIAGNOSE
 MENTAL, EMOTIONAL, BEHAVIORAL, ADDICTIVE AND DEVELOPMENTAL DISORDERS AND
 DISABILITIES  AND  OF THE PSYCHOSOCIAL ASPECTS OF ILLNESS, INJURY, DISA-
 BILITY AND IMPAIRMENT UNDERTAKEN WITHIN A PSYCHOSOCIAL FRAMEWORK.

 S. 6582--A                          4
 
   § 6. Paragraphs (b) and (c) of subdivision 3 of section  8405  of  the
 education law, paragraph (b) as added by chapter 676 of the laws of 2002
 and  paragraph  (c)  as  amended by chapter 130 of the laws of 2010, are
 amended to read as follows:
   (b)  Education:  Have  received  a  master's  degree  or higher from a
 degree-granting program registered by the department or the  substantial
 equivalent  and  have  completed  a  program  of study registered by the
 department in a psychoanalytic  institute  chartered  by  the  board  of
 regents  or  the substantial equivalent as determined by the department.
 The program of study in a psychoanalytic institute shall include course-
 work substantially equivalent to  coursework  required  for  a  master's
 degree  in  a  health  or  mental  health  field of study AND SHALL ALSO
 INCLUDE THE COMPLETION OF AT  LEAST  TWELVE  CREDIT  HOURS  OF  CLINICAL
 COURSES.  AN  INDIVIDUAL  WHO  HAS  COMPLETED  A  LICENSED PSYCHOANALYST
 PROGRAM THAT DID NOT INCLUDE TWELVE CREDIT HOURS OF CLINICAL COURSES MAY
 SATISFY THIS REQUIREMENT BY COMPLETING ANY  REMAINING  EQUIVALENT  POST-
 GRADUATE  CLINICAL  COURSES, IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
 LATIONS. The coursework shall  include,  but  not  be  limited  to,  the
 following areas:
   (i) personality development;
   (ii) psychoanalytic theory of psychopathology;
   (iii) psychoanalytic theory of psychodiagnosis;
   (iv) sociocultural influence on growth and psychopathology;
   (v) practice technique (including dreams and symbolic processes);
   (vi) analysis of resistance, transference, and countertransference;
   (vii) case seminars on clinical practice;
   (viii) practice in psychopathology and psychodiagnosis;
   (ix) professional ethics and psychoanalytic research methodology; and
   (x)  a  minimum  of  three  hundred hours of personal analysis and one
 hundred fifty hours of supervised analysis;
   (c) Experience: Have completed a  minimum  of  [fifteen  hundred]  TWO
 THOUSAND hours of supervised clinical practice WHICH SHALL INCLUDE DIAG-
 NOSIS,  PSYCHOTHERAPY, AND ASSESSMENT-BASED TREATMENT PLANS satisfactory
 to the department and in accordance with the commissioner's regulations.
 Satisfactory experience obtained in an entity operating under  a  waiver
 issued  by the department pursuant to section sixty-five hundred three-a
 of this title may be accepted by the  department,  notwithstanding  that
 such  experience  may  have been obtained prior to the effective date of
 such section sixty-five hundred  three-a  and/or  prior  to  the  entity
 having  obtained  a  waiver.  The  department may, for good cause shown,
 accept satisfactory experience that was obtained in a setting that would
 have been eligible for a waiver but which has not obtained a waiver from
 the department or experience that was obtained  in  good  faith  by  the
 applicant  under  the  belief  that  appropriate  authorization had been
 obtained for the experience, provided that  such  experience  meets  all
 other requirements for acceptable experience;
   §  7.  The  education law is amended by adding a new section 8405-a to
 read as follows:
   § 8405-A. DIAGNOSIS  PRIVILEGE.  1.  APPLICANTS  LICENSED  ON  JANUARY
 FIRST,  TWO  THOUSAND TWENTY-THREE OR THEREAFTER ARE AUTHORIZED TO DIAG-
 NOSE AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION  EIGHTY-
 FOUR  HUNDRED  FIVE  OF  THIS ARTICLE AND FURTHER DEFINED IN SUBDIVISION
 THREE OF SECTION EIGHTY-FOUR HUNDRED ONE OF THIS ARTICLE WITHOUT MEETING
 ANY ADDITIONAL REQUIREMENTS.
   2. APPLICANTS FOR LICENSE AS A PSYCHOANALYST WHO HAVE  BEEN  ISSUED  A
 LIMITED  PERMIT  AFTER SUCCESSFULLY COMPLETING THE REQUIREMENTS OF PARA-

 S. 6582--A                          5
 
 GRAPH (B) OF SUBDIVISION TWO OF SECTION EIGHTY-FOUR HUNDRED FIVE OF THIS
 ARTICLE, WHICH INCLUDES TWELVE CREDIT  HOURS  OF  CLINICAL  COURSES  ARE
 AUTHORIZED TO DIAGNOSE AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION THREE
 OF  SECTION  EIGHTY-FOUR HUNDRED FIVE OF THIS ARTICLE, AND AS DEFINED IN
 SUBDIVISION THREE OF SECTION EIGHTY-FOUR HUNDRED  ONE  OF  THIS  ARTICLE
 WHILE UNDER SUPERVISION.
   3.  FOR  THOSE  LICENSED  PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-
 THREE, SHALL BE GRANTED THE PRIVILEGE TO DIAGNOSE AS PROVIDED  IN  PARA-
 GRAPH (C) OF SUBDIVISION ONE OF SECTION EIGHTY-FOUR HUNDRED FIVE OF THIS
 ARTICLE, AND FURTHER DEFINED IN SUBDIVISION THREE OF SECTION EIGHTY-FOUR
 HUNDRED  ONE  OF  THIS  ARTICLE  IF  THE LICENSEE FULFILLS THE FOLLOWING
 REQUIREMENTS:
   (A) FILES AN APPLICATION WITH THE DEPARTMENT;
   (B) IS LICENSED AND REGISTERED AS A PSYCHOANALYST; AND
   (I) PROVIDES VERIFICATION OF TWELVE CREDIT HOURS  OF  CLINICAL  COURSE
 WORK  AS DEFINED BY THE DEPARTMENT FROM A COLLEGE, UNIVERSITY, OR INSTI-
 TUTE ACCEPTABLE TO THE DEPARTMENT; OR
   (II) PROVIDES VERIFICATION OF A MINIMUM OF TWO YEARS OF EMPLOYMENT  AS
 A  LICENSED PSYCHOANALYST BY A LICENSED SUPERVISOR OR COLLEAGUE ON FORMS
 ACCEPTABLE TO THE DEPARTMENT, IN A PROGRAM OR  SERVICE  OPERATED,  REGU-
 LATED,  FUNDED,  OR  APPROVED  BY  THE DEPARTMENT OF MENTAL HYGIENE, THE
 OFFICE OF CHILDREN AND FAMILY SERVICES,  THE  OFFICE  OF  TEMPORARY  AND
 DISABILITY  ASSISTANCE,  THE  DEPARTMENT  OF  CORRECTIONS  AND COMMUNITY
 SUPERVISION, THE STATE OFFICE FOR THE AGING, THE DEPARTMENT  OF  HEALTH,
 OR  A  LOCAL GOVERNMENTAL UNIT AS THAT TERM IS DEFINED IN ARTICLE FORTY-
 ONE OF THE MENTAL HYGIENE LAW OR A SOCIAL SERVICES DISTRICT  AS  DEFINED
 IN SECTION SIXTY-ONE OF THE SOCIAL SERVICES LAW; OR
   (III) PROVIDES VERIFICATION OF BEING LICENSED AS A LICENSED PSYCHOANA-
 LYST FOR A MINIMUM OF THREE YEARS; AND
   (1)  PROVIDES  DOCUMENTATION  OF AT LEAST SIX CREDIT HOURS OF CLINICAL
 COURSEWORK AS DEFINED BY THE DEPARTMENT FROM A COLLEGE,  UNIVERSITY,  OR
 INSTITUTE ACCEPTABLE TO THE DEPARTMENT; OR
   (2)  PROVIDES  DOCUMENTATION  OF  AT  LEAST TWELVE HOURS OF CONTINUING
 EDUCATION IN CLINICAL COURSEWORK SUBJECT TO SECTION EIGHTY-FOUR  HUNDRED
 TWELVE-A OF THIS ARTICLE; AND
   (C) PAYS A FEE TO THE DEPARTMENT OF TWO HUNDRED TWENTY DOLLARS.
   4.  A  PRIVILEGE  TO DIAGNOSE ISSUED UNDER THIS SECTION SHALL BE VALID
 FOR THE LIFE OF THE HOLDER, UNLESS REVOKED, ANNULLED,  OR  SUSPENDED  BY
 THE  BOARD  OF  REGENTS.  SUCH  A PRIVILEGE SHALL BE SUBJECT TO THE SAME
 OVERSIGHT AND DISCIPLINARY PROVISIONS  AS  LICENSES  ISSUED  UNDER  THIS
 TITLE.
   § 8. Subdivision 2 of section 8409 of the education law, as amended by
 chapter 485 of the laws of 2013, is amended to read as follows:
   2.  Limited  permits  shall  be  for  [two]  THREE years; such limited
 permits may be renewed, at the discretion of the department, for  up  to
 two additional one year periods.
   §  9.  Section  8410  of  the education law is amended by adding a new
 subdivision 11 to read as follows:
   11. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  NOTHING  IN
 THIS  SECTION  SHALL BE CONSTRUED TO PROHIBIT OR LIMIT THE ACTIVITIES OR
 SERVICES PROVIDED UNDER THIS ARTICLE ON THE PART OF ANY PERSON WHO, UPON
 THE EFFECTIVE DATE OF THIS SUBDIVISION, IS IN THE EMPLOY OF A PROGRAM OR
 SERVICE, AS DEFINED IN THIS ARTICLE, FOR THE PERIOD  DURING  WHICH  SUCH
 PERSON  MAINTAINS  EMPLOYMENT  IN SUCH PROGRAM OR SERVICE.  THIS SECTION
 SHALL NOT AUTHORIZE THE USE OF ANY TITLE  AUTHORIZED  PURSUANT  TO  THIS
 ARTICLE  BY  ANY  SUCH  EMPLOYED PERSON, EXCEPT AS OTHERWISE PROVIDED BY

 S. 6582--A                          6
 
 THIS  ARTICLE  RESPECTIVELY.  PROVIDED  HOWEVER,  THAT  ANY  PERSON  WHO
 COMMENCES  EMPLOYMENT IN SUCH PROGRAM OR SERVICE ON OR AFTER JULY FIRST,
 TWO THOUSAND NINETEEN AND PERFORMS SERVICES THAT  ARE  RESTRICTED  UNDER
 THIS  ARTICLE  SHALL  BE APPROPRIATELY LICENSED OR AUTHORIZED UNDER THIS
 ARTICLE.
   § 10. The education law is amended by adding a new section  8412-a  to
 read as follows:
   § 8412-A. CONTINUING EDUCATION FOR DIAGNOSIS PRIVILEGE. 1.  CONTINUING
 EDUCATION  REQUIRED IN CLAUSE TWO OF SUBPARAGRAPH (III) OF PARAGRAPH (B)
 OF SUBDIVISION THREE OF SECTION EIGHTY-FOUR HUNDRED TWO-A OF THIS  ARTI-
 CLE SHALL:
   (A)  BE  OFFERED  BY A PROVIDER APPROVED BY THE DEPARTMENT PURSUANT TO
 PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION EIGHTY-FOUR HUNDRED TWELVE
 OF THIS ARTICLE; AND
   (B) IN ADDITION TO MEETING THE STANDARDS SET FORTH IN PARAGRAPH (A) OF
 SUBDIVISION THREE OF SECTION EIGHTY-FOUR HUNDRED TWELVE OF THIS ARTICLE,
 BE DETERMINED BY THE DEPARTMENT AS PROVIDING  CLINICAL  CONTENT  IN  THE
 FOLLOWING AREAS:
   (I) DIAGNOSIS IN CLINICAL PRACTICE;
   (II) ASSESSMENT BASED TREATMENT; OR
   (III) CLINICAL PRACTICE WITH GENERAL AND SPECIAL POPULATIONS.
   2.  THE  DEPARTMENT  SHALL  MAINTAIN  A  LIST  OF CONTINUING EDUCATION
 APPROVED BY THE DEPARTMENT AS MEETING THE REQUIREMENTS OF THIS SECTION.
   3. A SEPARATE CONTINUING EDUCATION APPROVAL APPLICATION FEE, AS DETER-
 MINED BY THE DEPARTMENT, SHALL BE APPLIED TO PROVIDERS SEEKING  APPROVAL
 OF CONTINUING EDUCATION THAT MEETS THE REQUIREMENTS OF THIS SECTION.
   § 11. This act shall take effect one year after it shall have become a
 law, provided that section four of this act shall take effect January 1,
 2023,  provided  further  that effective immediately the state education
 department may promulgate rules and regulations as shall be necessary to
 implement the provisions of this act.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.