S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5301
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2021
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education law, in relation to  mandatory  continuing
   education  for mental health practitioners and clarifies authorization
   to practice

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The education law is amended by adding a new section 8413
 to read as follows:
   § 8413. MANDATORY CONTINUING EDUCATION. 1. REQUIREMENT  OF  CONTINUING
 EDUCATION.
   (A)  EACH LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERA-
 PIST, PSYCHOANALYST, AND CREATIVE ARTS  THERAPIST  REQUIRED  UNDER  THIS
 ARTICLE  TO  REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THE
 STATE SHALL COMPLY WITH  THE  PROVISIONS  OF  THE  MANDATORY  CONTINUING
 EDUCATION  REQUIREMENTS  PRESCRIBED  IN  SUBDIVISION TWO OF THIS SECTION
 EXCEPT AS SET FORTH IN PARAGRAPHS  (B)  AND  (C)  OF  THIS  SUBDIVISION.
 LICENSED  MENTAL  HEALTH  COUNSELORS,  MARRIAGE  AND  FAMILY THERAPISTS,
 PSYCHOANALYSTS AND CREATIVE ARTS  THERAPISTS  WHO  DO  NOT  SATISFY  THE
 MANDATORY  CONTINUING  EDUCATION  REQUIREMENTS  SHALL NOT PRACTICE UNTIL
 THEY HAVE MET SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED  A  REGISTRA-
 TION  CERTIFICATE,  EXCEPT  THAT  A  LICENSED  MENTAL  HEALTH COUNSELOR,
 MARRIAGE AND FAMILY THERAPIST, PSYCHOANALYST, AND CREATIVE  ARTS  THERA-
 PIST  MAY  PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS
 ISSUED A CONDITIONAL REGISTRATION CERTIFICATE  PURSUANT  TO  SUBDIVISION
 THREE OF THIS SECTION.
   (B)  EACH LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERA-
 PIST, PSYCHOANALYST, AND CREATIVE ARTS THERAPIST SHALL  BE  EXEMPT  FROM
 THE  MANDATORY CONTINUING EDUCATION REQUIREMENT FOR THE TRIENNIAL REGIS-
 TRATION PERIOD DURING WHICH THEY ARE FIRST LICENSED. IN ACCORDANCE  WITH
 THE  INTENT  OF  THIS  SECTION,  ADJUSTMENT  TO THE MANDATORY CONTINUING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09892-01-1

 S. 5301                             2
 
 EDUCATION REQUIREMENT MAY BE GRANTED BY THE DEPARTMENT  FOR  REASONS  OF
 HEALTH  CERTIFIED  BY  AN  APPROPRIATE  HEALTH  CARE  PROFESSIONAL,  FOR
 EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES, OR  FOR
 OTHER  GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT COMPLI-
 ANCE.
   (C) A LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERAPIST,
 PSYCHOANALYST, AND CREATIVE ARTS THERAPIST NOT ENGAGED IN  PRACTICE,  AS
 DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTIN-
 UING  EDUCATION  REQUIREMENT  UPON  THE  FILING  OF A STATEMENT WITH THE
 DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE  PRAC-
 TICE  OF  MENTAL HEALTH COUNSELING, MARRIAGE AND FAMILY THERAPY, PSYCHO-
 ANALYSIS, OR CREATIVE ARTS THERAPY  DURING  THE  TRIENNIAL  REGISTRATION
 PERIOD  SHALL  NOTIFY  THE DEPARTMENT PRIOR TO REENTERING THE PROFESSION
 AND SHALL  MEET  SUCH  MANDATORY  EDUCATION  REQUIREMENTS  AS  SHALL  BE
 PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
   2.  DURING  EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
 TRATION AS A LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THER-
 APIST, PSYCHOANALYST, AND CREATIVE ARTS THERAPIST SHALL COMPLETE A MINI-
 MUM OF THIRTY-SIX HOURS OF ACCEPTABLE  FORMAL  CONTINUING  EDUCATION  AS
 SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION, A MAXIMUM OF TWELVE HOURS
 OF WHICH MAY BE SELF-INSTRUCTIONAL COURSE WORK ACCEPTABLE TO THE DEPART-
 MENT.  ANY  LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERA-
 PIST, PSYCHOANALYST, AND CREATIVE ARTS THERAPIST WHOSE  FIRST  REGISTRA-
 TION  DATE FOLLOWING THE EFFECTIVE DATE OF THIS SECTION OCCURS LESS THAN
 THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR  AFTER  JUNE  THIRTIETH,
 TWO  THOUSAND TWENTY-TWO, SHALL COMPLETE CONTINUING EDUCATION HOURS ON A
 PRORATED BASIS AT THE RATE OF ONE-HALF HOUR PER  MONTH  FOR  THE  PERIOD
 BEGINNING JUNE THIRTIETH, TWO THOUSAND TWENTY-TWO UP TO THE FIRST REGIS-
 TRATION  DATE THEREAFTER. A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY
 CONTINUING EDUCATION REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGIS-
 TRATION CERTIFICATE BY THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS  AND
 UNTIL  A  CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR
 IN SUBDIVISION THREE OF THIS SECTION. CONTINUING EDUCATION  HOURS  TAKEN
 DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
   3.  THE  DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
 TRATION TO A  LICENSEE  WHO  FAILS  TO  MEET  THE  CONTINUING  EDUCATION
 REQUIREMENTS  ESTABLISHED  IN  SUBDIVISION  TWO  OF THIS SECTION BUT WHO
 AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
 WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL  REGIS-
 TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
 NIAL  REGISTRATION.  THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
 BE DETERMINED BY THE DEPARTMENT BUT  SHALL  NOT  EXCEED  ONE  YEAR.  ANY
 LICENSEE  WHO  IS  NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO
 SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED  CONTINUING
 EDUCATION  AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT TO
 DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED  TEN  OF
 THIS TITLE.
   4.  AS  USED  IN  SUBDIVISION  TWO OF THIS SECTION, "ACCEPTABLE FORMAL
 CONTINUING EDUCATION"  SHALL  MEAN  FORMAL  COURSES  OF  LEARNING  WHICH
 CONTRIBUTE   TO  PROFESSIONAL  PRACTICE  IN  MENTAL  HEALTH  COUNSELING,
 MARRIAGE AND FAMILY THERAPY, PSYCHOANALYSIS, OR  CREATIVE  ARTS  THERAPY
 AND  WHICH  MEET  THE STANDARDS PRESCRIBED BY REGULATIONS OF THE COMMIS-
 SIONER. SUCH FORMAL COURSES OF LEARNING SHALL INCLUDE, BUT NOT BE LIMIT-
 ED TO, COLLEGIATE LEVEL  CREDIT  AND  NON-CREDIT  COURSES,  PROFESSIONAL
 DEVELOPMENT  PROGRAMS  AND TECHNICAL SESSIONS OFFERED BY NATIONAL, STATE
 AND LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER  ORGANIZATIONS  ACCEPTABLE

 S. 5301                             3
 
 TO  THE  DEPARTMENT,  AND  ANY OTHER ORGANIZED EDUCATIONAL AND TECHNICAL
 PROGRAMS ACCEPTABLE TO  THE  DEPARTMENT.  THE  DEPARTMENT  MAY,  IN  ITS
 DISCRETION  AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF THE
 PUBLIC,  REQUIRE  THE  COMPLETION  OF  CONTINUING  EDUCATION  COURSES IN
 SPECIFIC  SUBJECTS  TO  FULFILL  THIS  MANDATORY  CONTINUING   EDUCATION
 REQUIREMENT.  COURSES  MUST  BE  TAKEN  FROM  A  SPONSOR APPROVED BY THE
 DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
   5. LICENSED MENTAL HEALTH COUNSELORS, MARRIAGE AND FAMILY  THERAPISTS,
 PSYCHOANALYSTS,  AND  CREATIVE  ARTS  THERAPISTS SHALL MAINTAIN ADEQUATE
 DOCUMENTATION OF COMPLETION OF ACCEPTABLE  FORMAL  CONTINUING  EDUCATION
 AND  SHALL  PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT.
 FAILURE TO PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF THE DEPARTMENT
 SHALL BE AN ACT OF MISCONDUCT SUBJECT TO DISCIPLINARY PROCEEDINGS PURSU-
 ANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
 SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL  REGISTRA-
 TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
 FEE REQUIRED BY SECTION SIXTY-SEVEN HUNDRED THIRTY-FOUR OF THIS TITLE.
   §  2.  Subdivision 1 of section 8402 of the education law, as added by
 chapter 676 of the laws of 2002, is amended to read as follows:
   1. Definition of the practice of mental health counseling.  The  prac-
 tice of the profession of mental health counseling is defined as:
   (a)  the  evaluation,  assessment, DIAGNOSIS, amelioration, treatment,
 modification, or adjustment to a disability,  problem,  or  disorder  of
 behavior,  character, development, emotion, personality or relationships
 by the use of verbal or behavioral methods  with  individuals,  couples,
 families  or  groups  in private practice, group, or organized settings;
 [and]
   (b) the use of assessment instruments and mental health counseling and
 psychotherapy to identify, evaluate, DIAGNOSE and treat dysfunctions and
 disorders for purposes of providing appropriate mental health counseling
 services; AND
   (C) DIAGNOSIS IN THE CONTEXT  OF  LICENSED  MENTAL  HEALTH  COUNSELING
 PRACTICE  IS  THE  PROCESS  OF  DISTINGUISHING  BETWEEN  SIMILAR MENTAL,
 EMOTIONAL, BEHAVIORAL, DEVELOPMENTAL, AND ADDICTIVE  DISORDERS,  IMPAIR-
 MENTS  AND  DISABILITIES WITHIN A PSYCHOSOCIAL FRAMEWORK ON THE BASIS OF
 THEIR SIMILAR AND UNIQUE CHARACTERISTICS CONSISTENT WITH ACCEPTED  CLAS-
 SIFICATION SYSTEMS.
   §  3.  Subdivision 1 of section 8403 of the education law, as added by
 chapter 676  of the laws of 2002, is amended to read as follows:
   1. Definition of the practice of  marriage  and  family  therapy.  The
 practice of the profession of marriage and family therapy is defined as:
   (a)  the  assessment,  DIAGNOSIS  and  treatment of nervous and mental
 disorders, whether affective, cognitive or behavioral, which results  in
 dysfunctional  interpersonal  family  relationships  including,  but not
 limited  to  familial   relationships,   marital/couple   relationships,
 parent-child  relationships,  pre-marital  and  other personal relation-
 ships;
   (b) the use of mental health counseling, psychotherapy and therapeutic
 techniques  to  evaluate  and  treat  marital,  relational,  and  family
 systems, and individuals in relationship to these systems;
   (c)  the  use  of mental health counseling and psychotherapeutic tech-
 niques to treat mental, emotional and behavioral disorders and  ailments
 within  the context of marital, relational and family systems to prevent
 and ameliorate dysfunction; [and]

 S. 5301                             4
 
   (d) the use of assessment instruments and mental health counseling and
 psychotherapy to identify [and], evaluate, DIAGNOSE AND  TREAT  dysfunc-
 tions  and  disorders for purposes of providing appropriate marriage and
 family therapy services; AND
   (E)  DIAGNOSIS  IN THE CONTEXT OF LICENSED MARRIAGE AND FAMILY THERAPY
 PRACTICE IS  THE  PROCESS  OF  DISTINGUISHING  BETWEEN  SIMILAR  MENTAL,
 EMOTIONAL,  BEHAVIORAL,  DEVELOPMENTAL, AND ADDICTIVE DISORDERS, IMPAIR-
 MENTS AND DISABILITIES WITHIN A PSYCHOSOCIAL FRAMEWORK ON THE  BASIS  OF
 THEIR  SIMILAR AND UNIQUE CHARACTERISTICS CONSISTENT WITH ACCEPTED CLAS-
 SIFICATION SYSTEMS.
   § 4.  Subdivision 1 of section 8404 of the education law, as added  by
 chapter 676 of the laws of 2002, is amended to read as follows:
   1.  Definition  of the practice of creative arts therapy. The practice
 of the profession of creative arts therapy is defined as:
   (a) the assessment, evaluation, DIAGNOSIS and the  therapeutic  inter-
 vention  and treatment, which may be either primary, parallel or adjunc-
 tive, of  mental,  emotional,  developmental  and  behavioral  disorders
 through the use of the arts as approved by the department; [and]
   (b) the use of assessment instruments and mental health counseling and
 psychotherapy to identify, evaluate, DIAGNOSE and treat dysfunctions and
 disorders  for  purposes  of providing appropriate creative arts therapy
 services; AND
   (C) DIAGNOSIS IN THE CONTEXT OF LICENSED CREATIVE ARTS  THERAPY  PRAC-
 TICE IS THE PROCESS OF DISTINGUISHING BETWEEN SIMILAR MENTAL, EMOTIONAL,
 BEHAVIORAL,  DEVELOPMENTAL,  AND  ADDICTIVE  DISORDERS,  IMPAIRMENTS AND
 DISABILITIES WITHIN A PSYCHOSOCIAL FRAMEWORK ON THE BASIS OF THEIR SIMI-
 LAR AND UNIQUE CHARACTERISTICS CONSISTENT WITH  ACCEPTED  CLASSIFICATION
 SYSTEMS.
   §  5.  Subdivision 1 of section 8405 of the education law, as added by
 chapter 676 of the laws of 2002, is amended to read as follows:
   1. Definition of the practice of psychoanalysis.  The practice of  the
 profession of psychoanalysis is defined as:
   (a)  the  observation,  description, evaluation, [and] interpretation,
 DIAGNOSIS AND TREATMENT of dynamic  unconscious  mental  processes  that
 contribute  to  the  formation  of  personality and behavior in order to
 identify and resolve unconscious psychic problems which affect interper-
 sonal relationships and emotional development, to facilitate changes  in
 personality  and behavior through the use of verbal and nonverbal cogni-
 tive and emotional communication, and to develop  adaptive  functioning;
 [and]
   (b) the use of assessment instruments and mental health counseling and
 psychotherapy to identify, evaluate, DIAGNOSE and treat dysfunctions and
 disorders for purposes of providing appropriate psychoanalytic services;
 AND
   (C)  DIAGNOSIS  IN  THE CONTEXT OF LICENSED PSYCHOANALYSIS PRACTICE IS
 THE PROCESS OF DISTINGUISHING BETWEEN SIMILAR MENTAL, EMOTIONAL,  BEHAV-
 IORAL, DEVELOPMENTAL, AND ADDICTIVE DISORDERS, IMPAIRMENTS AND DISABILI-
 TIES  WITHIN  A PSYCHOSOCIAL FRAMEWORK ON THE BASIS OF THEIR SIMILAR AND
 UNIQUE CHARACTERISTICS CONSISTENT WITH ACCEPTED CLASSIFICATION SYSTEMS.
   § 6.   This act shall  take  effect  immediately;  provided,  however,
 section  one  of  this  act  shall take effect June 30, 2022.  Effective
 immediately, the addition, amendment and/or repeal of any rule or  regu-
 lation  necessary  for  the  implementation of this act on its effective
 date are authorized and directed to be made and completed by  the  state
 education department.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5301--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2021
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Higher  Education  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the education law, in relation to education requirements
   and authorization to  develop  assessment-based  treatment  plans  for
   certain  mental  health practitioners; and providing for the repeal of
   certain provisions upon expiration thereof
 
   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 two
 new subdivisions 3 and 4 to read as follows:
   3. "DIAGNOSIS" OR "DIAGNOSE"  MEANS  THE  PROCESS  OF  DISTINGUISHING,
 BEYOND  A  GENERAL ASSESSMENT, BETWEEN SIMILAR MENTAL, EMOTIONAL, BEHAV-
 IORAL, DEVELOPMENTAL AND ADDICTIVE DISORDERS, IMPAIRMENTS AND  DISABILI-
 TIES  WITHIN  A PSYCHOSOCIAL FRAMEWORK ON THE BASIS OF THEIR SIMILAR AND
 UNIQUE CHARACTERISTICS CONSISTENT WITH ACCEPTED CLASSIFICATION SYSTEMS.
   4. "ASSESSMENT-BASED TREATMENT PLAN" REFERS TO AN INTEGRATED  PLAN  OF
 PRIORITIZED  INTERVENTIONS, THAT IS BASED ON THE DIAGNOSIS AND PSYCHOSO-
 CIAL ASSESSMENT OF A CLIENT, TO ADDRESS MENTAL,  EMOTIONAL,  BEHAVIORAL,
 DEVELOPMENTAL  AND  ADDICTIVE  DISORDERS,  IMPAIRMENTS AND DISABILITIES,
 REACTIONS TO ILLNESSES,  INJURIES,  DISABILITIES  AND  IMPAIRMENTS,  AND
 SOCIAL PROBLEMS.
   §  2.  Section  8402  of  the education law is amended by adding a new
 subdivision 4 to read as follows:
   4. LICENSED MENTAL HEALTH COUNSELORS LICENSED  AFTER  JUNE  THIRTIETH,
 TWO THOUSAND TWENTY-SIX, AND MENTAL HEALTH COUNSELORS WHO HAVE SATISFIED
 THE REQUIREMENTS UNDER SECTION EIGHTY-FOUR HUNDRED TWO-A OF THIS ARTICLE
 MAY DIAGNOSE AND DEVELOP ASSESSMENT-BASED TREATMENT PLANS.
   §  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.
              

                                                            LBD09892-03-1

 S. 5301--A                          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 SHALL INCLUDE 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  COUN-
 SELING,  DURING  WHICH  THEY DID NOT COMPLETE ALL TWELVE CREDIT HOURS OF
 CLINICAL COURSES, MAY SATISFY SUCH REQUIREMENT BY COMPLETING ANY REMAIN-
 ING EQUIVALENT POST-GRADUATE CLINICAL COURSES, IN  ACCORDANCE  WITH  THE
 COMMISSIONER'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
 FOR  LICENSURE AS A MENTAL HEALTH COUNSELOR WHO HAVE MET THE REQUIREMENT
 OF SECTION EIGHTY-FOUR HUNDRED TWO OF THIS ARTICLE SHALL  BE  AUTHORIZED
 TO DIAGNOSE AND DEVELOP ASSESSMENT-BASED TREATMENT PLANS WITHOUT MEETING
 ANY ADDITIONAL REQUIREMENTS.
   2.  APPLICANTS  FOR LICENSE AS A MENTAL HEALTH COUNSELOR WHO HAVE BEEN
 ISSUED  A  LIMITED PERMIT AND HAVE SUCCESSFULLY COMPLETED TWELVE  CREDIT
 HOURS  OF  CLINICAL COURSES, OF WHICH MAY BE COMPLETED POST-GRADUATE, IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS, SHALL BE  AUTHORIZED  TO
 DIAGNOSE AND DEVELOP ASSESSMENT-BASED TREATMENT PLANS WHILE UNDER SUPER-
 VISION.

 S. 5301--A                          3
 
   3.  MENTAL  HEALTH  COUNSELORS  LICENSED  PRIOR TO JUNE THIRTIETH, TWO
 THOUSAND TWENTY-SIX, SHALL BE GRANTED  THE  PRIVILEGE  TO  DIAGNOSE  AND
 DEVELOP  ASSESSMENT-BASED  TREATMENT PLANS IF SUCH MENTAL HEALTH COUNSE-
 LOR:
   (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;
   (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 SUCH 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 MENTAL HEALTH COUN-
 SELOR 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 PRIVILEGE SHALL BE SUBJECT TO THE SAME  OVER-
 SIGHT AND DISCIPLINARY PROVISIONS AS LICENSES ISSUED UNDER THIS TITLE.
   §  5.    Section  8403 of the education law is amended by adding a new
 subdivision 4 to read as follows:
   4. LICENSED MARRIAGE AND FAMILY THERAPISTS LICENSED AFTER JUNE THIRTI-
 ETH, TWO THOUSAND TWENTY-SIX AND MARRIAGE AND FAMILY THERAPISTS WHO HAVE
 SATISFIED THE REQUIREMENTS UNDER SECTION EIGHTY-FOUR HUNDRED THREE-A  OF
 THIS ARTICLE MAY DIAGNOSE AND DEVELOP ASSESSMENT-BASED TREATMENT PLANS.
   §  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
 SHALL INCLUDE THE COMPLETION OF AT LEAST TWELVE CREDIT HOURS OF CLINICAL
 COURSEWORK, in accordance with the commissioner's regulations or a grad-
 uate  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  THERAPY
 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. This coursework shall include, but not be limited to:

 S. 5301--A                          4
 
   (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.  SUCH 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 LICENSURE AS A MARRIAGE AND FAMILY COUNSELOR WHO HAVE MET
 THE  REQUIREMENTS  OF  SECTION EIGHTY-FOUR HUNDRED THREE OF THIS ARTICLE
 SHALL BE AUTHORIZED TO DIAGNOSE AND DEVELOP  ASSESSMENT-BASED  TREATMENT
 PLANS WITHOUT MEETING ANY ADDITIONAL REQUIREMENTS.
   2.  APPLICANTS FOR LICENSE AS A MARRIAGE AND FAMILY THERAPIST WHO HAVE
 BEEN ISSUED A LIMITED PERMIT  AND  HAVE  SUCCESSFULLY  COMPLETED  TWELVE
 CREDIT  HOURS OF CLINICAL COURSES, IN ACCORDANCE WITH THE COMMISSIONER'S
 REGULATIONS, SHALL BE AUTHORIZED TO  DIAGNOSE  AND  DEVELOP  ASSESSMENT-
 BASED TREATMENT PLANS WHILE UNDER SUPERVISION.
   3. A MARRIAGE AND FAMILY THERAPIST LICENSED BEFORE JUNE THIRTIETH, TWO
 THOUSAND TWENTY-SIX, SHALL BE AUTHORIZED TO DIAGNOSE AND DEVELOP ASSESS-
 MENT-BASED TREATMENT PLANS IF SUCH MARRIAGE AND FAMILY THERAPIST:
   (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  COURSE-
 WORK  AS DEFINED BY THE DEPARTMENT FROM A COLLEGE OR UNIVERSITY ACCEPTA-
 BLE TO THE DEPARTMENT;
   (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

 S. 5301--A                          5
 
 COMMUNITY SUPERVISION, THE STATE OFFICE FOR THE AGING, THE DEPARTMENT OF
 HEALTH, OR A LOCAL GOVERNMENTAL UNIT AS  SUCH TERM IS DEFINED BY 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. Section 8405 of the education law is  amended  by  adding  a  new
 subdivision 4 to read as follows:
   4. LICENSED PSYCHOANALYSTS LICENSED AFTER JUNE THIRTIETH, TWO THOUSAND
 TWENTY-SIX  AND PSYCHOANALYSTS WHO HAVE SATISFIED THE REQUIREMENTS UNDER
 SECTION EIGHTY-FOUR HUNDRED FIVE-A OF  THIS  ARTICLE  MAY  DIAGNOSE  AND
 DEVELOP ASSESSMENT-BASED TREATMENT PLANS.
   §  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 SUCH 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-

 S. 5301--A                          6
 
 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;  PSYCHOANALYSTS.    1.  APPLICANTS  FOR
 LICENSURE  AS  A  PSYCHOANALYST  WHO HAVE MET THE REQUIREMENT OF SECTION
 EIGHTY-FOUR HUNDRED FIVE OF THIS ARTICLE SHALL BE AUTHORIZED TO DIAGNOSE
 AND DEVELOP ASSESSMENT-BASED TREATMENT PLANS WITHOUT MEETING  ANY  ADDI-
 TIONAL REQUIREMENTS.
   2.  APPLICANTS FOR LICENSE AS A PSYCHOTHERAPIST WHO HAVE BEEN ISSUED A
 LIMITED PERMIT AND HAVE SUCCESSFULLY COMPLETED TWELVE  CREDIT  HOURS  OF
 CLINICAL COURSES, OF WHICH MAY BE COMPLETED POST-GRADUATE, IN ACCORDANCE
 WITH THE COMMISSIONER'S REGULATIONS, SHALL BE AUTHORIZED TO DIAGNOSE AND
 DEVELOP ASSESSMENT-BASED TREATMENT PLANS WHILE UNDER SUPERVISION.
   3.  A  PSYCHOANALYST  LICENSED  PRIOR  TO JUNE THIRTIETH, TWO THOUSAND
 TWENTY-SIX, SHALL BE GRANTED  THE  PRIVILEGE  TO  DIAGNOSE  AND  DEVELOP
 ASSESSMENT-BASED TREATMENT PLANS IF SUCH PSYCHOANALYST:
   (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;
   (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 SUCH TERM IS DEFINED BY ARTICLE FORTY-
 ONE OF THE MENTAL HYGIENE LAW, OR A SOCIAL SERVICES DISTRICT AS  DEFINED
 BY 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

 S. 5301--A                          7
 
 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. Subparagraph (i) of paragraph (c) of subdivision  8  of  section
 8410  of the education law, as amended by section 5 of part Y of chapter
 57 of the laws of 2018, is amended to read as follows:
   (i) Prevent a person without a license from participating as a  member
 of  a  multi-disciplinary team to assist in the development of or imple-
 mentation of a behavioral health services or  treatment  plan;  provided
 that  such  team  shall include one or more professionals licensed under
 this article or articles one hundred  thirty-one,  one  hundred  thirty-
 nine,  one  hundred fifty-three or one hundred fifty-four of this [chap-
 ter] TITLE; and provided, further,  that  the  activities  performed  by
 members  of  the team shall be consistent with the scope of practice for
 each team member licensed or authorized under THIS title [VIII  of  this
 chapter],  and  those  who  are  not so authorized may not engage in the
 following restricted practices:  the  diagnosis  of  mental,  emotional,
 behavioral,  addictive  and  developmental  disorders  and disabilities;
 patient assessment and evaluating; the  provision  of  psychotherapeutic
 treatment;  the  provision  of  treatment  other  than psychotherapeutic
 treatment; or independently developing and implementing assessment-based
 treatment plans as defined in  section  seventy-seven  hundred  one  AND
 SECTION EIGHT THOUSAND ONE of this [chapter] TITLE.
   §  13.  Subparagraph  (i) of paragraph (c) of subdivision 7 of section
 7706 of the education law, as amended by section 4 of part Y of  chapter
 57 of the laws of 2018, is amended to read as follows:
   (i)  Prevent a person without a license from participating as a member
 of a multi-disciplinary team to assist in the development of  or  imple-
 mentation  of  a  behavioral health services or treatment plan; provided
 that such team shall include one or more  professionals  licensed  under
 this  article  or  articles  one hundred thirty-one, one hundred thirty-
 nine, one hundred fifty-three or one hundred sixty-three of this  [chap-
 ter]  TITLE;  and  provided,  further,  that the activities performed by
 members of the team shall be consistent with the scope of  practice  for
 each  team  member licensed or authorized under THIS title [VIII of this
 chapter], and those who are not so authorized  may  not  engage  in  the
 following  restricted  practices:  the  diagnosis  of mental, emotional,
 behavioral, addictive  and  developmental  disorders  and  disabilities;
 patient  assessment  and  evaluating; the provision of psychotherapeutic
 treatment; the  provision  of  treatment  other  than  psychotherapeutic
 treatment; or independently developing and implementing assessment-based
 treatment  plans as defined in section seventy-seven hundred one of this
 article AND SECTION EIGHT THOUSAND ONE OF THIS TITLE.
   § 14. Subparagraph (i) of paragraph (c) of subdivision 10  of  section
 7605  of the education law, as amended by section 2 of part Y of chapter
 57 of the laws of 2018, is amended to read as follows:
   (i) A person without a license from participating as  a  member  of  a
 multi-disciplinary  team  to assist in the development of or implementa-
 tion of a behavioral health services or treatment  plan;  provided  that
 such  team  shall  include one or more professionals licensed under this
 article or articles one hundred thirty-one, one hundred thirty-nine, one
 hundred fifty-four or one hundred sixty-three of this  [chapter]  TITLE;

 S. 5301--A                          8
 
 and  provided,  further, that the activities performed by members of the
 team shall be consistent with the scope of practice for each team member
 licensed or authorized under THIS title  [VIII  of  this  chapter],  and
 those  who  are  not  so  authorized  may  not  engage  in the following
 restricted practices: the diagnosis of  mental,  emotional,  behavioral,
 addictive  and developmental disorders and disabilities; patient assess-
 ment and evaluating; the provision of psychotherapeutic  treatment;  the
 provision  of treatment other than psychotherapeutic treatment; or inde-
 pendently developing and implementing assessment-based  treatment  plans
 as  defined in section seventy-seven hundred one AND SECTION EIGHT THOU-
 SAND ONE of this title.
   § 15. Section 8410 of the education law is amended  by  adding  a  new
 subdivision 11 to read as follows:
   11.  PROHIBIT  OR  LIMIT THE ACTIVITIES OR SERVICES ON THE PART OF ANY
 PERSON IN THE EMPLOY OF A PROGRAM OR SERVICE OPERATED, REGULATED,  FUND-
 ED, OR APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE OFFICE OF CHIL-
 DREN AND FAMILY SERVICES, THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
 ANCE, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, THE STATE
 OFFICE  FOR THE AGING, THE DEPARTMENT OF HEALTH, OR A LOCAL GOVERNMENTAL
 UNIT AS SUCH 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, PROVIDED, HOWEVER, THIS SUBDIVISION  SHALL  NOT
 AUTHORIZE THE USE OF ANY LICENSE AUTHORIZED PURSUANT TO THIS ARTICLE.
   §  16.  Section  7706  of the education law is amended by adding a new
 subdivision 9 to read as follows:
   9. PROHIBIT OR LIMIT THE ACTIVITIES OR SERVICES ON  THE  PART  OF  ANY
 PERSON  IN THE EMPLOY OF A PROGRAM OR SERVICE OPERATED, REGULATED, FUND-
 ED, OR APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE OFFICE OF CHIL-
 DREN AND FAMILY SERVICES, THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
 ANCE, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, THE STATE
 OFFICE FOR THE AGING, THE DEPARTMENT OF HEALTH, OR A LOCAL  GOVERNMENTAL
 UNIT  AS SUCH 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, PROVIDED, HOWEVER, THIS SUBDIVISION SHALL NOT
 AUTHORIZE THE USE OF ANY LICENSE  AUTHORIZED  PURSUANT  TO  ARTICLE  ONE
 HUNDRED SIXTY-THREE OF THIS TITLE.
   §  17.  Section  7605  of the education law is amended by adding a new
 subdivision 14 to read as follows:
   14. THE ACTIVITIES OR SERVICES ON THE PART OF ANY PERSON IN THE EMPLOY
 OF 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 DEPART-
 MENT OF CORRECTIONS AND COMMUNITY SUPERVISION, THE STATE OFFICE FOR  THE
 AGING,  THE  DEPARTMENT  OF HEALTH, OR A LOCAL GOVERNMENTAL UNIT AS SUCH
 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, PROVIDED, HOWEVER, THIS SUBDIVISION  SHALL  NOT  AUTHORIZE
 THE  USE  OF  ANY  LICENSE  AUTHORIZED  PURSUANT  TO ARTICLE ONE HUNDRED
 SIXTY-THREE OF THIS TITLE.
   § 18. 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  UNDER CLAUSE TWO OF SUBPARAGRAPH (III) OF PARAGRAPH
 (B) OF SUBDIVISION THREE OF SECTION EIGHTY-FOUR HUNDRED  TWO-A  OF  THIS
 ARTICLE SHALL:

 S. 5301--A                          9
 
   (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)  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.
   § 19. This act shall take effect one year after it shall have become a
 law, provided, however, that:
   (a) sections three, six and nine of this act shall  take  effect  June
 30, 2026; and
   (b)  sections  fifteen,  sixteen  and seventeen of this act shall take
 effect June 24, 2021 and shall expire January 1,  2024  when  upon  such
 date the provisions of such sections shall be deemed repealed.
   Effective  immediately,  the  addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this  act  on  or
 before  its effective date are authorized to be made and completed on or
 before such effective date.