S T A T E O F N E W Y O R K
________________________________________________________________________
4383--A
2019-2020 Regular Sessions
I N A S S E M B L Y
February 4, 2019
___________
Introduced by M. of A. DenDEKKER, FINCH, WOERNER, STIRPE, JAFFEE,
DARLING, ABINANTI, JOHNS, ASHBY -- Multi-Sponsored by -- M. of A.
MORINELLO, THIELE -- read once and referred to the Committee on Higher
Education -- recommitted to the Committee on Higher Education in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the education law, in relation to requirements for
licensure of certain mental health practitioners and providing certain
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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04941-02-0
A. 4383--A 2
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
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; MENTAL HEALTH COUNSELING. 1. APPLICANTS
LICENSED ON JANUARY FIRST, TWO THOUSAND TWENTY-FIVE 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.
A. 4383--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-FOUR,
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 8403 of the education law, as added by
chapter 676 of the laws of 2002, is amended to read as follows:
2. Practice of marriage and family therapy and use of the titles
"marriage and family therapist" and "licensed marriage and family thera-
pist". (A) Only a person licensed or exempt under this article shall
practice marriage and family therapy or use the title "marriage and
family therapist". Only a person licensed under this article shall use
the titles "licensed marriage and family therapist", "licensed marriage
therapist", "licensed family therapist" or any other designation tending
to imply that the person is licensed to practice marriage and family
therapy.
(B) MARRIAGE AND FAMILY THERAPISTS WHO HAVE OBTAINED THE DIAGNOSIS
PRIVILEGE SET FORTH IN SECTION EIGHTY-FOUR HUNDRED THREE-A OF THIS ARTI-
CLE MAY DIAGNOSE MENTAL, EMOTIONAL, BEHAVIORAL, ADDICTIVE AND DEVELOP-
A. 4383--A 4
MENTAL DISORDERS AND DISABILITIES AND OF THE PSYCHOSOCIAL ASPECTS OF
ILLNESS, INJURY, DISABILITY AND IMPAIRMENT UNDERTAKEN WITHIN A PSYCHOSO-
CIAL FRAMEWORK.
§ 6. Paragraphs (b) and (c) of subdivision 3 of section 8403 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 or doctoral degree in marriage
and family therapy from a program registered by the department, or
determined by the department to be the substantial equivalent, WHICH
INCLUDES THE COMPLETION OF AT LEAST TWELVE CREDIT HOURS OF CLINICAL
COURSEWORK in accordance with the commissioner's regulations or a gradu-
ate degree in an allied field from a program registered by the depart-
ment and graduate level coursework determined to be equivalent to that
required in a program registered by the department. A PERSON WHO HAS
RECEIVED A MASTER'S, OR EQUIVALENT DEGREE IN MARRIAGE AND FAMILY THERA-
PY, DURING WHICH THEY DID NOT COMPLETE ALL TWELVE CREDIT HOURS OF CLIN-
ICAL COURSES, MAY SATISFY THIS REQUIREMENT BY COMPLETING ANY REMAINING
EQUIVALENT POST-GRADUATE CLINICAL COURSES, IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATIONS. This coursework shall include, but not be
limited to:
(i) the study of human development, including individual, child and
family development;
(ii) psychopathology;
(iii) marital and family therapy;
(iv) family law;
(v) research;
(vi) professional ethics; and
(vii) a practicum of at least three hundred client contact hours;
(c) Experience: The completion of at least [one] TWO thousand [five
hundred] client contact hours of supervised clinical experience, by
persons holding a degree from a master's or doctoral program, or the
substantial equivalent, in accordance with the commissioner's regu-
lations or the completion of at least [one] TWO thousand [five hundred]
client CONTACT hours of supervised post-master's clinical experience in
marriage and family therapy satisfactory to the department in accordance
with the commissioner's regulations. THE TWO THOUSAND CLIENT CONTACT
HOURS SHALL INCLUDE DIAGNOSIS, PSYCHOTHERAPY AND ASSESSMENT BASED TREAT-
MENT PLANS. 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;
§ 7. The education law is amended by adding a new section 8403-a to
read as follows:
§ 8403-A. DIAGNOSIS PRIVILEGE; MARRIAGE AND FAMILY THERAPIST. 1.
APPLICANTS FOR LICENSE AS A MARRIAGE AND FAMILY THERAPIST WHO WERE
LICENSED ON JANUARY FIRST, TWO THOUSAND TWENTY-FIVE OR THEREAFTER ARE
AUTHORIZED TO DIAGNOSE, AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION TWO
A. 4383--A 5
OF SECTION EIGHTY-FOUR HUNDRED THREE 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 MARRIAGE AND FAMILY THERAPIST WHO HAVE
BEEN ISSUED A LIMITED PERMIT AFTER SUCCESSFULLY COMPLETING THE REQUIRE-
MENTS OF PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION EIGHTY-FOUR
HUNDRED THREE 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 THREE OF THIS
ARTICLE, AND AS DEFINED IN SUBDIVISION THREE OF SECTION EIGHTY-FOUR
HUNDRED ONE OF THIS ARTICLE, WHILE UNDER SUPERVISION.
3. THOSE LICENSED AS A MARRIAGE AND FAMILY THERAPIST PRIOR TO JANUARY
FIRST, TWO THOUSAND TWENTY-FIVE, SHALL BE GRANTED THE PRIVILEGE TO DIAG-
NOSE AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION EIGHTY-
FOUR HUNDRED THREE 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 MARRIAGE AND FAMILY THERAPIST;
AND:
(I) PROVIDES VERIFICATION OF TWELVE CREDIT HOURS OF CLINICAL
COURSEWORK AS DEFINED BY THE DEPARTMENT FROM A COLLEGE OR UNIVERSITY
ACCEPTABLE TO THE DEPARTMENT; OR
(II) PROVIDES VERIFICATION OF A MINIMUM OF TWO YEARS OF EMPLOYMENT AS
A LICENSED MARRIAGE AND FAMILY THERAPIST 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 MARRIAGE
AND FAMILY THERAPIST 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.
§ 8. 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.
A. 4383--A 6
(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.
§ 9. 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;
§ 10. 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-FOUR OR THEREAFTER ARE AUTHORIZED TO DIAGNOSE
AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION EIGHTY-FOUR
A. 4383--A 7
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.
3. FOR THOSE LICENSED PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-
FOUR, 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.
§ 11. 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.
§ 12. 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
A. 4383--A 8
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 TWENTY AND PERFORMS SERVICES THAT ARE RESTRICTED UNDER THIS
ARTICLE SHALL BE APPROPRIATELY LICENSED OR AUTHORIZED UNDER THIS ARTI-
CLE.
§ 13. 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.
§ 14. This act shall take effect one year after it shall have become a
law, provided that sections four, seven and ten of this act shall take
effect January 1, 2025. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.