S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4340
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 7, 2019
                                ___________
 
 Introduced  by  Sens.  CARLUCCI, ORTT -- read twice and ordered printed,
   and when printed to be committed to the Committee on Education
 
 AN ACT to amend the education  law  and  the  social  services  law,  in
   relation  to  the  practice  of  school psychology, and establishing a
   pilot program of multi-tiered system of support model of substance use
   prevention and intervention
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent and findings. The legislature finds that
 while significant steps have been taken through legislation to implement
 the  recommendations  of  executive  and  legislative task forces in the
 joint effort to combat the heroin and opioid crises in New  York  state,
 much  more  must  be  done  to  identify risk factors, develop community
 response and support strategies and to increase access to treatment.
   The legislature intends to build on the initial aggressive efforts  of
 the executive and legislative by recognizing the significant role mental
 and  behavioral  health  professionals  play  in identifying the warning
 signs of heroin and opioid addiction in our children and the maladaptive
 behaviors  that  lead  to  early  drug  use  and  ultimately  abuse  and
 addiction.  The  legislature  recognizes  that certified school psychol-
 ogists are uniquely  qualified  to  identify  the  risk  and  protective
 factors, coupled with adverse childhood experiences which constitute the
 drug  abuse  process.  However,  these  highly  trained  specialists are
 constrained to provide vital services to the school  setting  only.  The
 legislature  finds  that  the  state's mission to address the heroin and
 opioid crises in the state will be advanced  through  the  licensure  of
 school  psychologists  and  the  meaningful involvement of these trained
 practitioners in the development of a school and community based strate-
 gy of response and support.
   § 2. The education law is amended by adding a  new  article  166-A  to
 read as follows:

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

                                                            LBD01019-01-9

 S. 4340                             2
 
                               ARTICLE 166-A
                             SCHOOL PSYCHOLOGY
 SECTION 8720. INTRODUCTION.
         8721. PRACTICE OF SCHOOL PSYCHOLOGY AND USE OF THE TITLE "SCHOOL
                 PSYCHOLOGIST".
         8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY.
         8723. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         8724. BOUNDARIES OF PROFESSIONAL COMPETENCY.
         8725. LIMITED PERMITS.
         8726. EXEMPTIONS.
         8727. SPECIAL PROVISIONS.
   § 8720. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION AND PRAC-
 TICE  OF SCHOOL  PSYCHOLOGY AND TO THE USE OF THE TITLE "LICENSED SCHOOL
 PSYCHOLOGIST".  THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED  IN
 ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
   §  8721.  PRACTICE  OF  SCHOOL PSYCHOLOGY AND USE OF THE TITLE "SCHOOL
 PSYCHOLOGIST".   ONLY A PERSON LICENSED OR  EXEMPT  UNDER  THIS  ARTICLE
 SHALL  PRACTICE  SCHOOL  PSYCHOLOGY  OR  USE  THE TITLE "LICENSED SCHOOL
 PSYCHOLOGIST".
   § 8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY. THE  PRACTICE
 OF SCHOOL PSYCHOLOGY IS:
   1.  THE  ASSESSMENT,  INCLUDING  PSYCHO-EDUCATIONAL, DEVELOPMENTAL AND
 VOCATIONAL  ASSESSMENT, EVALUATION AND INTERPRETATION  OF  INTELLIGENCE,
 COGNITIVE   PROCESSES,  APTITUDES,    INTERESTS,  ACADEMIC  ACHIEVEMENT,
 ADJUSTMENT, PERSONALITY FACTORS AND MOTIVATIONS,  OR  ANY  OTHER  ATTRI-
 BUTES, TO INDIVIDUALS OR GROUPS OF INDIVIDUALS AGED BIRTH TO TWENTY-FIVE
 YEARS THAT RELATE TO LEARNING, EDUCATION OR ADJUSTMENT NEEDS;
   2.   THE   DEVELOPMENT  AND  IMPLEMENTATION  OF  EDUCATIONALLY-RELATED
 PSYCHOTHERAPEUTIC AND BEHAVIORAL APPROACHES TO INCREASE  SCHOOL  ADJUST-
 MENT  AND  ACADEMIC  SUCCESS,  COUNSELING  AND  INTERPRETIVE SERVICES TO
 REDUCE EDUCATION-RELATED PROBLEMS INCLUDING, BUT NOT LIMITED TO,  VERBAL
 INTERACTION,  INTERVIEWING, BEHAVIOR TECHNIQUES, DEVELOPMENTAL AND VOCA-
 TIONAL INTERVENTION, ENVIRONMENTAL MANAGEMENT AND GROUP PROCESSES;
   3. CONSULTATION WITH REPRESENTATIVES OF SCHOOLS, AGENCIES  AND  ORGAN-
 IZATIONS,  FAMILIES OR INDIVIDUALS, INCLUDING PSYCHO-EDUCATIONAL, DEVEL-
 OPMENTAL AND VOCATIONAL   ASSISTANCE  OR  DIRECT  EDUCATIONAL  SERVICES,
 RELATED  TO  LEARNING  PROBLEMS AND ADJUSTMENTS TO THOSE PROBLEMS TO THE
 BENEFIT OF AN INDIVIDUAL OR GROUP OF INDIVIDUALS AGE  BIRTH  TO  TWENTY-
 FIVE YEARS; AND
   4.  THE  DEVELOPMENT OF PROGRAMMING, INCLUDING DESIGNING, IMPLEMENTING
 OR EVALUATING EDUCATIONALLY AND PSYCHOLOGICALLY SOUND LEARNING  ENVIRON-
 MENTS AND THE FACILITATION OF PSYCHO-EDUCATIONAL DEVELOPMENT OF INDIVID-
 UALS, FAMILIES OR GROUPS.
   §  8723.    REQUIREMENTS  FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A
 LICENSE AS A LICENSED SCHOOL PSYCHOLOGIST, AN  APPLICANT  SHALL  FULFILL
 THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2.  EDUCATION:  COMPLETE A MINIMUM OF SIXTY GRADUATE SEMESTER HOURS IN
 PSYCHOLOGY CREDITS INCLUDING A MASTER'S DEGREE AND FULFILL THE  REQUIRE-
 MENTS  OF AN ADVANCED CERTIFICATE IN SCHOOL PSYCHOLOGY OR ITS EQUIVALENT
 OR DOCTORAL DEGREE IN SCHOOL PSYCHOLOGY FROM A PROGRAM REGISTERED BY THE
 DEPARTMENT, OR DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIV-
 ALENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.   THE  GRADUATE
 COURSEWORK SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING AREAS:
   (I) BIOLOGICAL, SOCIAL AND CULTURAL BASES OF DEVELOPMENT;
   (II) PSYCHOPATHOLOGY AND EXCEPTIONALITY IN LEARNING AND BEHAVIOR;

 S. 4340                             3
 
   (III)  ASSESSMENT  AND  APPRAISAL  OF  LEARNERS  IN  HOME  AND  SCHOOL
 CONTEXTS;
   (IV)  CONSULTATION  AND  COLLABORATION IN FAMILY, SCHOOL AND COMMUNITY
 SYSTEMS;
   (V) EFFECTIVE INSTRUCTION AND DEVELOPMENT OF  COGNITIVE  AND  ACADEMIC
 SKILLS;
   (VI)  PREVENTION  AND  TREATMENT OF BEHAVIORAL AND EMOTIONAL DISORDERS
 AND DEFICITS;
   (VII) SCHOOL ORGANIZATION, CURRICULUM, POLICY AND LAW;
   (VIII) RESEARCH AND PROGRAM EVALUATION;
   (IX) PROFESSION AND ETHICAL PRACTICE OF PSYCHOLOGY IN SCHOOLS; AND
   (X) COMPLETION OF A  TWELVE  HUNDRED  HOUR  SUPERVISED  INTERNSHIP  IN
 SCHOOL  PSYCHOLOGY, WITH NO LESS THAN SIX HUNDRED HOURS COMPLETED WITHIN
 A SCHOOL SETTING.
   3. EXPERIENCE: COMPLETE A MINIMUM OF TWO THOUSAND FOUR  HUNDRED  HOURS
 OF  POST-MASTER'S  SUPERVISED  EXPERIENCE  RELEVANT  TO  THE PRACTICE OF
 SCHOOL PSYCHOLOGY SATISFACTORY TO THE BOARD AND IN ACCORDANCE  WITH  THE
 COMMISSIONER'S REGULATIONS, SUCH SUPERVISED EXPERIENCE WHICH MAY INCLUDE
 ONE  THOUSAND TWO HUNDRED HOURS COMPLETED AS PART OF A PROGRAM IN SCHOOL
 PSYCHOLOGY. 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.  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   7.  FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS TO THE DEPART-
 MENT FOR ADMISSION TO A DEPARTMENT  CONDUCTED  EXAMINATION  AND  FOR  AN
 INITIAL LICENSE AND A FEE OF ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIEN-
 NIAL REGISTRATION PERIOD.
   §  8724. BOUNDARIES OF PROFESSIONAL COMPETENCY. 1.  IT SHALL BE DEEMED
 PRACTICING OUTSIDE THE BOUNDARIES OF HIS OR HER PROFESSIONAL  COMPETENCE
 FOR A PERSON LICENSED PURSUANT TO THIS ARTICLE, IN THE CASE OF TREATMENT
 OF  ANY  SERIOUS  MENTAL ILLNESS, TO PROVIDE  ANY MENTAL HEALTH SERVICES
 FOR SUCH ILLNESS ON A CONTINUOUS AND SUSTAINED BASIS WITHOUT A   MEDICAL
 EVALUATION OF THE ILLNESS BY, AND CONSULTATION WITH, A PHYSICIAN REGARD-
 ING SUCH  ILLNESS.  SUCH MEDICAL EVALUATION AND CONSULTATION SHALL BE TO
 DETERMINE  AND  ADVISE  WHETHER  ANY  MEDICAL CARE IS INDICATED FOR SUCH
 ILLNESS. FOR PURPOSES OF THIS SECTION,  "SERIOUS MENTAL  ILLNESS"  MEANS
 SCHIZOPHRENIA,   SCHIZOAFFECTIVE  DISORDER,  BIPOLAR  DISORDER,    MAJOR
 DEPRESSIVE DISORDER, PANIC DISORDER AND  OBSESSIVE-COMPULSIVE  DISORDER.
 NOTHING  IN  THIS SECTION SHALL BE CONSTRUED TO PREVENT, LIMIT OR IMPAIR
 CONSULTATION WITH ANY OTHER HEALTH OR MENTAL HEALTH PROFESSIONAL.  NOTH-
 ING HEREIN CONTAINED SHALL LIMIT, MODIFY, RESTRICT OR  OTHERWISE  AFFECT
 THE  DEFINITION  OF  THE  PRACTICE  OF  SCHOOL PSYCHOLOGY AS PROVIDED IN
 SECTION EIGHTY-SEVEN HUNDRED TWENTY-TWO OF THIS ARTICLE.

 S. 4340                             4
 
   2. ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES  FROM
 THE PROVISIONS OF THIS ARTICLE SHALL BE PROHIBITED FROM:
   (A) PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER AS A
 TREATMENT,  THERAPY,  OR  PROFESSIONAL SERVICE IN THE PRACTICE OF HIS OR
 HER PROFESSION; OR
   (B) USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
 SERVICE IN THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES  OF  THIS
 SUBDIVISION,  "INVASIVE  PROCEDURE"  MEANS  ANY PROCEDURE IN WHICH HUMAN
 TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR  OTHER
 MEANS.  INVASIVE PROCEDURE INCLUDES SURGERY, LASERS, IONIZING RADIATION,
 THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY; OR
   (C)  ENGAGING  IN  DUAL  SETTING  PRACTICE,  OR  OTHERWISE OFFERING OR
 PROVIDING PRIVATE PRACTICE SERVICES TO A STUDENT OF A SCHOOL OR  SPECIAL
 EDUCATION  PROGRAM WHERE THE PRACTITIONER IS CURRENTLY EMPLOYED OR UNDER
 CONTRACT WITH SUCH SCHOOL OR PROGRAM.
   3. NOTHING IN THIS ARTICLE SHALL BE  DEEMED  TO  AUTHORIZE,  GRANT  OR
 EXTEND HOSPITAL PRIVILEGES TO INDIVIDUALS LICENSED UNDER THIS ARTICLE.
   § 8725. LIMITED PERMITS.  1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT
 TO AN APPLICANT WHOSE QUALIFICATIONS HAVE BEEN APPROVED FOR ADMISSION TO
 THE EXAMINATION IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
   2.  LIMITED  PERMITS  SHALL  BE  FOR  ONE  YEAR AND BE RENEWED, AT THE
 DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
   3. THE FEE FOR EACH LIMITED PERMIT  AND  FOR  EACH  RENEWAL  SHALL  BE
 SEVENTY DOLLARS.
   §  8726.  EXEMPTIONS.  NOTHING  CONTAINED  IN  THIS  ARTICLE  SHALL BE
 CONSTRUED TO:
   1. APPLY TO THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF  ANY
 TITLE  BY  ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDI-
 CINE WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS
 TITLE OR BY ANY PERSON REGISTERED TO PERFORM  SERVICES  AS  A  PHYSICIAN
 ASSISTANT  WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B
 OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRAC-
 TICE PSYCHOLOGY WITHIN  THIS  STATE  PURSUANT  TO  ARTICLE  ONE  HUNDRED
 FIFTY-THREE OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHOR-
 IZED  TO PRACTICE AS A LICENSED CLINICAL SOCIAL WORKER WITHIN THIS STATE
 PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FOUR OF  THIS  TITLE,  OR  BY  ANY
 PERSON  LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE NURSING AS A REGIS-
 TERED PROFESSIONAL NURSE WITHIN THIS STATE  PURSUANT    TO  ARTICLE  ONE
 HUNDRED  THIRTY-NINE  OF THIS TITLE, OR BY ANY PERSON LICENSED OR OTHER-
 WISE AUTHORIZED TO PRACTICE MENTAL HEALTH COUNSELING, MARRIAGE AND FAMI-
 LY THERAPY, CREATIVE  ARTS THERAPY, OR PSYCHOANALYSIS WITHIN THE  STATE,
 OR  BY  ANY  PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE APPLIED
 BEHAVIOR ANALYSIS WITHIN THE STATE PURSUANT TO THIS  ARTICLE;  PROVIDED,
 HOWEVER,  THAT  NO  PHYSICIAN, PHYSICIAN'S ASSISTANT, REGISTERED PROFES-
 SIONAL NURSE, PSYCHOLOGIST, LICENSED CLINICAL  SOCIAL  WORKER,  LICENSED
 MENTAL   HEALTH  COUNSELOR,  LICENSED  MARRIAGE  AND  FAMILY  THERAPIST,
 LICENSED CREATIVE ARTS THERAPIST,  LICENSED  PSYCHOANALYST  OR  LICENSED
 APPLIED  BEHAVIOR  ANALYST  MAY USE THE TITLE UNLESS LICENSED UNDER THIS
 ARTICLE;
   2. PROHIBIT OR LIMIT ANY INDIVIDUAL WHO IS CREDENTIALED UNDER ANY LAW,
 INCLUDING ATTORNEYS, RAPE CRISIS COUNSELORS, CERTIFIED ALCOHOLISM  COUN-
 SELORS  AND  CERTIFIED  SUBSTANCE ABUSE COUNSELORS FROM PROVIDING MENTAL
 HEALTH SERVICES WITHIN THEIR RESPECTIVE ESTABLISHED AUTHORITIES;
   3. PROHIBIT OR LIMIT THE  PRACTICE OF A PROFESSION  LICENSED  PURSUANT
 TO THIS ARTICLE BY A STUDENT, INTERN OR RESIDENT IN, AND AS A PART OF, A

 S. 4340                             5
 
 SUPERVISED EDUCATIONAL PROGRAM IN AN INSTITUTION APPROVED BY THE DEPART-
 MENT;
   4.  PROHIBIT OR LIMIT THE PROVISION OF PASTORAL COUNSELING SERVICES BY
 ANY MEMBER OF THE CLERGY OR CHRISTIAN SCIENCE PRACTITIONER,  WITHIN  THE
 CONTEXT OF HIS OR HER MINISTERIAL  CHARGE OR OBLIGATION;
   5.  PROHIBIT OR LIMIT INDIVIDUALS, CHURCHES, SCHOOLS, TEACHERS, ORGAN-
 IZATIONS, OR  NOT-FOR-PROFIT  BUSINESSES,  FROM  PROVIDING  INSTRUCTION,
 ADVICE, SUPPORT, ENCOURAGEMENT, OR INFORMATION TO INDIVIDUALS, FAMILIES,
 AND RELATIONAL GROUPS;
   6.  PROHIBIT  OR  LIMIT AN OCCUPATIONAL THERAPIST FROM PERFORMING WORK
 CONSISTENT WITH ARTICLE ONE HUNDRED FIFTY-SIX OF THIS TITLE; OR
   7. AFFECT OR PREVENT THE ACTIVITIES OR  SERVICES  ON  THE  PART  OF  A
 PERSON  IN  THE EMPLOY OF A FEDERAL, STATE, COUNTY, OR MUNICIPAL AGENCY,
 OTHER POLITICAL SUBDIVISION, OR  A  CHARTERED  ELEMENTARY  OR  SECONDARY
 SCHOOL OR DEGREE-GRANTING EDUCATIONAL INSTITUTION INSOFAR AS SUCH ACTIV-
 ITIES  AND  SERVICES  ARE A PART OF THE DUTIES OF SUCH PERSON'S SALARIED
 POSITION.
   § 8727. SPECIAL PROVISIONS. 1. ANY  NONEXEMPT  PERSON  PRACTICING  THE
 PROFESSION  OF  SCHOOL  PSYCHOLOGY  SHALL  APPLY  FOR  A LICENSE OF SUCH
 PROFESSION WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
   (A) IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB-
 LISHED WITHIN THIS ARTICLE, SUCH PERSON MAY  MEET  ALTERNATIVE  CRITERIA
 DETERMINED  BY  THE  DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT OF SUCH
 CRITERIA.
   (B) IF SUCH PERSON MEETS THE REQUIREMENTS FOR  A  LICENSE  ESTABLISHED
 WITHIN  THIS  ARTICLE, EXCEPT FOR EXAMINATION, AND HAS BEEN CERTIFIED OR
 REGISTERED BY A NATIONAL CERTIFYING OR REGISTERING BODY  HAVING  CERTIF-
 ICATION  OR  REGISTRATION STANDARDS ACCEPTABLE TO  THE COMMISSIONER, THE
 DEPARTMENT SHALL LICENSE WITHOUT EXAMINATION.
   2. NOTWITHSTANDING THE REQUIREMENTS OF  SECTION  EIGHTY-SEVEN  HUNDRED
 TWENTY-THREE OF THIS ARTICLE, AND FOR A PERIOD OF TIME NOT TO EXCEED TWO
 YEARS  FROM  THE  EFFECTIVE  DATE  OF THIS ARTICLE, AN INDIVIDUAL MAY BE
 LICENSED AS A SCHOOL PSYCHOLOGIST PROVIDED SUCH PERSON HAS EITHER:
   (A) MET THE EDUCATIONAL REQUIREMENTS AS DEFINED IN SECTION EIGHTY-SEV-
 EN HUNDRED TWENTY-THREE OF THIS ARTICLE AND PERFORMED THE  DUTIES  OF  A
 SCHOOL  PSYCHOLOGIST AS AUTHORIZED BY ARTICLE ONE HUNDRED FIFTY-THREE OF
 THIS TITLE OR ANY OTHER PROVISION OF LAW, FOR TWO OF THE PAST FIVE YEARS
 PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE; OR
   (B) PERFORMED THE DUTIES OF A SCHOOL  PSYCHOLOGIST  AS  AUTHORIZED  BY
 ARTICLE  ONE HUNDRED FIFTY-THREE OF THIS TITLE OR ANY OTHER PROVISION OF
 LAW, FOR AT LEAST FIVE YEARS PRIOR TO THE EFFECTIVE DATE OF  THIS  ARTI-
 CLE.
   3. ANY PERSON LICENSED PURSUANT TO THIS ARTICLE MAY USE ACCEPTED CODES
 AND  CLASSIFICATIONS  OF SIGNS, SYMPTOMS, DYSFUNCTIONS AND DISORDERS, AS
 APPROVED IN ACCORDANCE WITH REGULATIONS  PROMULGATED BY THE  DEPARTMENT,
 IN THE PRACTICE OF SUCH LICENSED PROFESSION.
   4.  NOTHING IN THIS ARTICLE SHALL BE DEEMED TO ALTER, MODIFY OR AFFECT
 THE PROVISIONS OF SECTION THREE THOUSAND TWELVE OR  TWENTY-FIVE  HUNDRED
 TEN  OF  THIS  CHAPTER OR OTHERWISE AFFECT THE CERTIFICATION OF A SCHOOL
 PSYCHOLOGIST.
   § 3. Paragraph a of subdivision 3 of section  6507  of  the  education
 law,  as  amended by chapter 554 of the laws of 2013, is amended to read
 as follows:
   a. Establish standards for preprofessional and professional education,
 experience and licensing examinations as required to implement the arti-
 cle for each profession. Notwithstanding any other provision of law, the

 S. 4340                             6
 
 commissioner shall establish standards requiring that all persons apply-
 ing, on or after January first, nineteen hundred ninety-one,  initially,
 or for the renewal of, a license, registration or limited permit to be a
 physician,  chiropractor, dentist, registered nurse, podiatrist, optome-
 trist,  psychiatrist,  psychologist,   LICENSED   SCHOOL   PSYCHOLOGIST,
 licensed master social worker, licensed clinical social worker, licensed
 creative   arts  therapist,  licensed  marriage  and  family  therapist,
 licensed mental health counselor, licensed psychoanalyst, dental hygien-
 ist, licensed behavior analyst, or certified behavior analyst  assistant
 shall,  in  addition to all the other licensure, certification or permit
 requirements, have completed two hours of coursework or training regard-
 ing the identification and reporting of child  abuse  and  maltreatment.
 The  coursework  or  training  shall  be obtained from an institution or
 provider which has been approved  by  the  department  to  provide  such
 coursework  or training. The coursework or training shall include infor-
 mation regarding the physical and behavioral indicators of  child  abuse
 and  maltreatment  and  the  statutory reporting requirements set out in
 sections four hundred thirteen through four hundred twenty of the social
 services law, including but not limited to, when and how a  report  must
 be  made,  what  other actions the reporter is mandated or authorized to
 take, the legal protections afforded reporters, and the consequences for
 failing to report. Such coursework or training may also include informa-
 tion regarding the physical and behavioral indicators of  the  abuse  of
 individuals  with [mental retardation and other] developmental disabili-
 ties and voluntary reporting of abused or neglected adults to the office
 [of mental retardation and] FOR PEOPLE WITH  developmental  disabilities
 or  the  local  adult  protective  services  unit.  Each applicant shall
 provide the department with documentation showing that  he  or  she  has
 completed  the  required  training.  The  department  shall  provide  an
 exemption from the child abuse and maltreatment training requirements to
 any applicant who requests such an  exemption  and  who  shows,  to  the
 department's  satisfaction,  that  there would be no need because of the
 nature of his or her practice for him or her to complete such training;
   § 4. Section 7602 of the education law, as added by chapter 987 of the
 laws of 1971, is amended to read as follows:
   § 7602. State board for psychology.   A  state  board  for  psychology
 shall  be  appointed  by  the  board of regents on recommendation of the
 commissioner for the purpose of assisting the board of regents  and  the
 department on matters of professional licensing and professional conduct
 in  accordance with section sixty-five hundred eight of this title.  The
 board shall be composed of not less than eleven [psychologists  licensed
 in  this  state]  MEMBERS,  A  NUMBER  OF  WHOM SHALL BE LICENSED SCHOOL
 PSYCHOLOGISTS SUFFICIENT TO ASSURE  MEANINGFUL  PARTICIPATION  IN  BOARD
 ACTIVITIES.    An executive secretary to the board shall be appointed by
 the board of regents upon the recommendation  of  the  commissioner  and
 shall be a psychologist, licensed in this state.
   §  5.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
 services law, as amended by section 7 of part C of  chapter  57  of  the
 laws of 2018, is amended to read as follows:
   (a)  The  following  persons  and  officials are required to report or
 cause a report to be made in accordance with this title when  they  have
 reasonable  cause  to  suspect  that a child coming before them in their
 professional or official capacity is an abused or maltreated  child,  or
 when  they have reasonable cause to suspect that a child is an abused or
 maltreated child where the parent, guardian, custodian or  other  person
 legally  responsible  for  such child comes before them in their profes-

 S. 4340                             7
 
 sional or official capacity and states from  personal  knowledge  facts,
 conditions or circumstances which, if correct, would render the child an
 abused  or maltreated child: any physician; registered physician assist-
 ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
 osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
 psychologist;  LICENSED  SCHOOL  PSYCHOLOGIST;  registered nurse; social
 worker; emergency medical technician; licensed creative arts  therapist;
 licensed  marriage  and family therapist; licensed mental health counse-
 lor; licensed psychoanalyst; licensed behavior analyst; certified behav-
 ior analyst assistant; hospital  personnel  engaged  in  the  admission,
 examination,  care  or treatment of persons; a Christian Science practi-
 tioner; school official, which includes but is  not  limited  to  school
 teacher,  school  guidance counselor, school psychologist, school social
 worker, school nurse, school administrator  or  other  school  personnel
 required  to  hold  a teaching or administrative license or certificate;
 full or part-time compensated school employee required to hold a  tempo-
 rary  coaching  license  or  professional  coaching  certificate; social
 services worker; employee of a  publicly-funded  emergency  shelter  for
 families  with children; director of a children's overnight camp, summer
 day camp or traveling summer day camp, as  such  camps  are  defined  in
 section  thirteen  hundred ninety-two of the public health law; day care
 center worker; school-age child care worker; provider of family or group
 family day care; employee or volunteer in a  residential  care  facility
 for  children  that  is licensed, certified or operated by the office of
 children and family services; or any other child  care  or  foster  care
 worker;  mental health professional; substance abuse counselor; alcohol-
 ism counselor; all persons credentialed by the office of alcoholism  and
 substance  abuse  services;  employees, who are expected to have regular
 and substantial contact with children, of a health home or  health  home
 care  management  agency contracting with a health home as designated by
 the department of health and  authorized  under  section  three  hundred
 sixty-five-l  of  this  chapter  or  such employees who provide home and
 community based services  under  a  demonstration  program  pursuant  to
 section  eleven  hundred  fifteen of the federal social security act who
 are expected to have regular  and  substantial  contact  with  children;
 peace  officer;  police officer; district attorney or assistant district
 attorney; investigator employed in the office of a district attorney; or
 other law enforcement official.
   § 6. The education department,  the  office  of  children  and  family
 services,  the  office of mental health and the office of alcoholism and
 substance abuse services are hereby directed to establish a multi-tiered
 system of support (MTSS) model of substance use  prevention  and  inter-
 vention  utilizing  tiered  levels  of  primary  prevention services and
 secondary and tertiary intervention services and to pilot such model  in
 communities  with occurrences of heroin and opioid addiction in children
 under the age of twenty-five in New York  state.  Such  model  shall  be
 designed  with  the  meaningful  participation  of mental and behavioral
 health practitioners whose training focuses on  the  needs  of  children
 under  the  age  of  twenty-five  including,  but not limited to, school
 psychologists, such practitioners being uniquely qualified to  implement
 the  model  to the fullest extent possible. Such pilot shall be designed
 for implementation by September 1, 2020.
   § 7. Subparagraph (i) of paragraph  a  of  subdivision  1  of  section
 6503-a  of  the  education law, as amended by chapter 554 of the laws of
 2013, is amended to read as follows:

 S. 4340                             8
 
   (i) services  provided  under  article  one  hundred  fifty-four,  one
 hundred  sixty-three [or], one hundred sixty-seven OR ONE HUNDRED SIXTY-
 SIX-A of this title for which licensure would be required, or
   § 8. Severability. If any clause, sentence, paragraph, section or part
 of  this act shall be adjudged by any court of competent jurisdiction to
 be invalid, the judgment shall not affect,  impair,  or  invalidate  the
 remainder thereof, but shall be confined in its operation to the clause,
 sentence,  paragraph,  section  or part thereof directly involved in the
 controversy in which the judgment shall have been rendered.
   § 9. This act shall take effect twelve  months  after  it  shall  have
 become  a law; provided, however, that effective immediately the depart-
 ment of education is authorized to promulgate  any  and  all  rules  and
 regulations  and  take any other measure necessary to implement this act
 on or before its effective date, including,  but  not  limited  to,  the
 appointment  of the state board for psychology, the acceptance and proc-
 essing of applications for licensure and the issuance of  licenses;  and
 provided, further, that the provisions of article 166-A of the education
 law, as added by section two of this act, requiring a license or limited
 permit  to practice under such article shall not be enforced until twen-
 ty-four months after the effective date of this act.