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--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2021
                                ___________
 
 Introduced  by Sens. BROUK, BAILEY, BRISPORT, BROOKS, HARCKHAM, HOYLMAN,
   JACKSON, MANNION, ORTT, REICHLIN-MELNICK, SKOUFIS --  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 -- recommitted
   to the Committee on Higher Education in accordance with Senate Rule 6,
   sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN ACT to amend the education law, in relation to education requirements
   and  authorization  to  develop  assessment-based  treatment plans for
   certain mental health practitioners and other  mental  health  profes-
   sionals
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 8402  of  the  education  law,  as
 added  by chapter 676 of the laws of 2002, is amended and two new subdi-
 visions 1-a and 4 are added 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],  ASSESSMENT-BASED  TREAT-
 MENT  PLANS,  mental  health  counseling  and psychotherapy to identify,
 evaluate and treat dysfunctions and disorders for purposes of  providing
 appropriate mental health counseling services.
   1-A.  MENTAL  HEALTH  DIAGNOSES.  (A)  "DIAGNOSIS"  IN  THE CONTEXT OF
 LICENSED MENTAL HEALTH COUNSELING PRACTICE SHALL  MEAN  THE  PROCESS  OF

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09892-10-2
              

 S. 5301--B                          2
 
 DISTINGUISHING,  BEYOND  A  GENERAL  ASSESSMENT, 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.
   (B) "DEVELOPMENT OF ASSESSMENT-BASED TREATMENT PLANS" IN  THE  CONTEXT
 OF LICENSED MENTAL HEALTH COUNSELING PRACTICE SHALL MEAN THE DEVELOPMENT
 OF AN INTEGRATED PLAN OF PRIORITIZED INTERVENTIONS, THAT IS BASED ON THE
 DIAGNOSIS  AND  PSYCHOSOCIAL  ASSESSMENT OF A CLIENT, TO ADDRESS MENTAL,
 EMOTIONAL, BEHAVIORAL, DEVELOPMENTAL AND  ADDICTIVE  DISORDERS,  IMPAIR-
 MENTS  AND  DISABILITIES, REACTIONS TO ILLNESSES, INJURIES, DISABILITIES
 AND IMPAIRMENTS, AND SOCIAL PROBLEMS.
   (C) NOTHING IN THIS SUBDIVISION OR IN SUBDIVISION ONE OR FOUR OF  THIS
 SECTION  SHALL  BE  CONSTRUED  TO LIMIT THE SCOPE OF MENTAL HEALTH COUN-
 SELING PRACTICE AS AUTHORIZED PRIOR TO THE EFFECTIVE DATE OF THIS SUBDI-
 VISION. THE AUTHORITY TO DIAGNOSE SHALL BE AUTHORIZED ONLY IN ACCORDANCE
 WITH THE PROVISIONS OF THIS ARTICLE AND REGULATIONS PROMULGATED  BY  THE
 COMMISSIONER.
   4.  CERTIFICATE  TO DIAGNOSE. THE COMMISSIONER SHALL ISSUE APPROPRIATE
 CERTIFICATES TO DIAGNOSE IN  ACCORDANCE  WITH  THE  PROVISIONS  OF  THIS
 SUBDIVISION  TO  THOSE  MENTAL HEALTH COUNSELORS WHO HAVE SATISFACTORILY
 COMPLETED THE FOLLOWING:
   (A) STANDARD PATHWAY. A MENTAL HEALTH COUNSELOR WHO HAS COMPLETED  THE
 STANDARD PATHWAY SHALL HAVE:
   (I)  RECEIVED  A MASTER'S OR HIGHER DEGREE IN MENTAL HEALTH COUNSELING
 FROM A PROGRAM REGISTERED BY THE DEPARTMENT OR DETERMINED BY THE DEPART-
 MENT TO BE THE SUBSTANTIAL EQUIVALENT THEREOF, 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 COUNSELING, DURING WHICH
 THEY DID NOT COMPLETE ALL 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  GRADUATE COURSEWORK SHALL INCLUDE, BUT NOT BE LIMITED TO,
 THE FOLLOWING AREAS:
   (A) HUMAN GROWTH AND DEVELOPMENT;
   (B) SOCIAL AND CULTURAL FOUNDATIONS OF COUNSELING;
   (C) COUNSELING THEORY, DIAGNOSIS, PRACTICE AND PSYCHOPATHOLOGY;
   (D) GROUP DYNAMICS;
   (E) LIFESTYLE AND CAREER DEVELOPMENT;
   (F) ASSESSMENT AND APPRAISAL OF INDIVIDUALS, COUPLES AND FAMILIES  AND
 GROUPS;
   (G) RESEARCH AND PROGRAM EVALUATION;
   (H) PROFESSIONAL ORIENTATION AND ETHICS;
   (I) FOUNDATION OF MENTAL HEALTH COUNSELING AND CONSULTATION;
   (J) CLINICAL INSTRUCTION; AND
   (K)  COMPLETION OF A MINIMUM ONE YEAR SUPERVISED INTERNSHIP OR PRACTI-
 CUM IN MENTAL HEALTH COUNSELING; AND
   (II) COMPLETED A MINIMUM OF  THREE  THOUSAND  HOURS  OF  POST-MASTER'S
 SUPERVISED  EXPERIENCE  RELEVANT  TO THE PRACTICE OF MENTAL HEALTH COUN-
 SELING, OF WHICH TWO THOUSAND HOURS SHALL BE DIRECT CLIENT CONTACT HOURS
 THAT INCLUDE DIAGNOSIS, PSYCHOTHERAPY,  AND  ASSESSMENT-BASED  TREATMENT
 PLANS,  SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE COMMISSION-
 ER'S REGULATIONS. SATISFACTORY EXPERIENCE OBTAINED IN AN ENTITY  OPERAT-
 ING  UNDER  A WAIVER ISSUED BY THE DEPARTMENT PURSUANT TO SECTION SIXTY-
 FIVE HUNDRED THREE-A OF THIS TITLE MAY BE ACCEPTED  BY  THE  DEPARTMENT,
 S. 5301--B                          3
 
 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; OR
   (B)  ALTERNATIVE  PATHWAY.  THE  COMMISSIONER  SHALL ISSUE APPROPRIATE
 CERTIFICATES TO MENTAL HEALTH COUNSELORS LICENSED PRIOR TO THE EFFECTIVE
 DATE OF THIS SUBDIVISION WHO HAVE COMPLETED TWELVE CREDIT HOURS OF CLIN-
 ICAL COURSES OF WHICH A MINIMUM OF  THREE  CREDIT  HOURS  SHALL  INCLUDE
 CONTENT IN DIAGNOSIS IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   §  2.  Paragraph (g) of subdivision 3 of section 8402 of the education
 law, as amended by chapter 210 of the laws of 2004, is amended  to  read
 as follows:
   (g) Fees: Pay a fee of one hundred seventy-five dollars for an initial
 license  [and],  a fee of one hundred seventy dollars for each triennial
 registration period,  AND  FOR  THE  ADDITIONAL  AUTHORIZATION  FOR  THE
 PURPOSE OF DIAGNOSING, A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS.
   §  3.  Subdivision 1 of section 8403 of the education law, as added by
 chapter 676 of the laws of 2002, is amended and two new subdivisions 1-a
 and 4 are added 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  DIAGNOSIS,  assessment  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
   (d) the use of assessment instruments [and], mental health  counseling
 and  psychotherapy, AND ASSESSMENT-BASED TREATMENT PLANS to identify and
 evaluate AND TREAT dysfunctions and disorders for purposes of  providing
 appropriate marriage and family therapy services.
   1-A.  DIAGNOSES.  (A)  "DIAGNOSIS" IN THE CONTEXT OF LICENSED MARRIAGE
 AND FAMILY THERAPY PRACTICE SHALL MEAN 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.
   (B) "DEVELOPMENT OF ASSESSMENT-BASED TREATMENT PLANS" IN  THE  CONTEXT
 OF LICENSED MARRIAGE AND FAMILY THERAPY PRACTICE SHALL MEAN THE DEVELOP-
 MENT  OF  AN INTEGRATED PLAN OF PRIORITIZED INTERVENTIONS, THAT IS BASED
 ON THE DIAGNOSIS AND PSYCHOSOCIAL ASSESSMENT OF  A  CLIENT,  TO  ADDRESS
 MENTAL,  EMOTIONAL,  BEHAVIORAL,  DEVELOPMENTAL AND ADDICTIVE DISORDERS,
 IMPAIRMENTS AND DISABILITIES, REACTIONS TO ILLNESSES, INJURIES, DISABIL-
 ITIES AND IMPAIRMENTS, AND SOCIAL PROBLEMS.
 S. 5301--B                          4
 
   (C) NOTHING IN THIS SUBDIVISION OR IN SUBDIVISION ONE OR FOUR OF  THIS
 SECTION  SHALL  BE  CONSTRUED  TO LIMIT THE SCOPE OF MARRIAGE AND FAMILY
 THERAPY PRACTICE AS AUTHORIZED PRIOR  TO  THE  EFFECTIVE  DATE  OF  THIS
 SUBDIVISION.  THE  AUTHORITY  TO  DIAGNOSE  SHALL  BE AUTHORIZED ONLY IN
 ACCORDANCE  WITH  THE PROVISIONS OF THIS ARTICLE AND REGULATIONS PROMUL-
 GATED BY THE COMMISSIONER.
   4. CERTIFICATE TO DIAGNOSE. THE COMMISSIONER SHALL  ISSUE  APPROPRIATE
 CERTIFICATES  TO  DIAGNOSE  IN  ACCORDANCE  WITH  THE PROVISIONS OF THIS
 SUBDIVISION TO THOSE MARRIAGE AND FAMILY COUNSELORS WHO  HAVE  SATISFAC-
 TORILY COMPLETED THE FOLLOWING:
   (A)  STANDARD  PATHWAY.  A  MARRIAGE  AND  FAMILY  COUNSELOR  WHO  HAS
 COMPLETED THE STANDARD PATHWAY SHALL HAVE:
   (I) RECEIVED A MASTER'S OR DOCTORAL DEGREE WITH  A  MINIMUM  OF  SIXTY
 CREDIT HOURS 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  GRADUATE  DEGREE  IN  AN ALLIED FIELD FROM A PROGRAM
 REGISTERED BY THE DEPARTMENT AND GRADUATE LEVEL COURSEWORK DETERMINED TO
 BE EQUIVALENT TO THAT REQUIRED IN A PROGRAM REGISTERED  BY  THE  DEPART-
 MENT.  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 SUCH REQUIREMENT BY
 COMPLETING  ANY  REMAINING EQUIVALENT POST-GRADUATE CLINICAL COURSES, IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.  SUCH  COURSEWORK  SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (A)  THE  STUDY  OF HUMAN DEVELOPMENT, INCLUDING INDIVIDUAL, CHILD AND
 FAMILY DEVELOPMENT;
   (B) DIAGNOSIS AND PSYCHOPATHOLOGY;
   (C) MARITAL AND FAMILY THERAPY;
   (D) FAMILY LAW;
   (E) RESEARCH;
   (F) PROFESSIONAL ETHICS; AND
   (G) A PRACTICUM OF AT LEAST THREE HUNDRED CLIENT CONTACT HOURS; AND
   (II) COMPLETED A MINIMUM OF TWO THOUSAND HOURS OF POST-MASTER'S SUPER-
 VISED EXPERIENCE RELEVANT TO THE PRACTICE OF MARRIAGE AND FAMILY THERAPY
 COMPRISED OF DIRECT CLIENT CONTACT HOURS INCLUDING DIAGNOSIS,  PSYCHOTH-
 ERAPY  AND  ASSESSMENT-BASED  TREATMENT  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  WAIV-
 ER.  THE DEPARTMENT MAY, FOR GOOD CAUSE SHOWN, ACCEPT SATISFACTORY EXPE-
 RIENCE 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 EXPERI-
 ENCE, PROVIDED THAT SUCH EXPERIENCE MEETS  ALL  OTHER  REQUIREMENTS  FOR
 ACCEPTABLE EXPERIENCE;
   (B)  ALTERNATIVE  PATHWAY.  THE  COMMISSIONER  SHALL ISSUE APPROPRIATE
 CERTIFICATES TO MARRIAGE AND FAMILY THERAPISTS  LICENSED  PRIOR  TO  THE
 EFFECTIVE  DATE  OF  THIS  SUBDIVISION  WHO HAVE COMPLETED TWELVE CREDIT
 HOURS OF CLINICAL COURSES OF WHICH A MINIMUM OF THREE CREDIT HOURS SHALL
 INCLUDE CONTENT IN DIAGNOSIS IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
 LATIONS.
 S. 5301--B                          5
 
   § 4. Paragraph (g) of subdivision 3 of section 8403 of  the  education
 law,  as  amended by chapter 210 of the laws of 2004, is amended to read
 as follows:
   (g) Fees: Pay a fee of one hundred seventy-five dollars for an initial
 license  [and],  a fee of one hundred seventy dollars for each triennial
 registration period,  AND  FOR  THE  ADDITIONAL  AUTHORIZATION  FOR  THE
 PURPOSE OF DIAGNOSING, A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS.
   §  5.  Subdivision 1 of section 8405 of the education law, as added by
 chapter 676 of the laws of 2002, is amended and two new subdivisions 1-a
 and 4 are added 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, DIAGNOSIS and interpre-
 tation 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  interpersonal  relationships
 and  emotional  development,  to  facilitate  changes in personality and
 behavior through the use of verbal and nonverbal cognitive and emotional
 communication, and to develop adaptive functioning; and
   (b) the use of assessment instruments [and], mental health  counseling
 and  psychotherapy,  AND  ASSESSMENT-BASED  TREATMENT PLANS to identify,
 evaluate and treat dysfunctions and disorders for purposes of  providing
 appropriate psychoanalytic services.
   1-A. DIAGNOSES. (A) "DIAGNOSIS" IN THE CONTEXT OF LICENSED PSYCHOANAL-
 YSIS PRACTICE SHALL MEAN THE PROCESS OF DISTINGUISHING, BEYOND A GENERAL
 PSYCHOANALYSIS  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.
   (B) "DEVELOPMENT OF ASSESSMENT-BASED TREATMENT PLANS" IN  THE  CONTEXT
 OF  LICENSED  PSYCHOANALYSIS  PRACTICE  SHALL MEAN THE DEVELOPMENT OF AN
 INTEGRATED PLAN OF PRIORITIZED INTERVENTIONS, THAT IS BASED ON THE DIAG-
 NOSIS AND PSYCHOSOCIAL  ASSESSMENT  OF  A  CLIENT,  TO  ADDRESS  MENTAL,
 EMOTIONAL,  BEHAVIORAL,  DEVELOPMENTAL  AND ADDICTIVE DISORDERS, IMPAIR-
 MENTS AND DISABILITIES, REACTIONS TO ILLNESSES,  INJURIES,  DISABILITIES
 AND IMPAIRMENTS, AND SOCIAL PROBLEMS.
   (C)  NOTHING IN THIS SUBDIVISION OR IN SUBDIVISION ONE OR FOUR OF THIS
 SECTION SHALL BE CONSTRUED TO LIMIT THE SCOPE OF LICENSED PSYCHOANALYSIS
 PRACTICE AS AUTHORIZED PRIOR TO THE EFFECTIVE DATE OF THIS  SUBDIVISION.
 THE  AUTHORITY  TO  DIAGNOSE SHALL BE AUTHORIZED ONLY IN ACCORDANCE WITH
 THE PROVISIONS OF  THIS  ARTICLE  AND  REGULATIONS  PROMULGATED  BY  THE
 COMMISSIONER.
   4.  CERTIFICATE  TO DIAGNOSE. THE COMMISSIONER SHALL ISSUE APPROPRIATE
 CERTIFICATES TO DIAGNOSE IN ACCORDANCE WITH THE PROVISION OF THIS SUBDI-
 VISION TO THOSE PSYCHOANALYSTS WHO  HAVE  SATISFACTORILY  COMPLETED  THE
 FOLLOWING:
   (A)  STANDARD  PATHWAY. A PSYCHOANALYST WHO HAS COMPLETED THE STANDARD
 PATHWAY SHALL HAVE:
   (I) 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 COURSEWORK SUBSTAN-
 TIALLY EQUIVALENT TO COURSEWORK REQUIRED FOR  A  MASTER'S  DEGREE  IN  A
 HEALTH  OR  MENTAL  HEALTH  FIELD  OF STUDY WHICH SHALL ALSO INCLUDE THE
 S. 5301--B                          6
 
 COMPLETION OF AT LEAST TWELVE CREDIT HOURS, OR  THE  SUBSTANTIAL  EQUIV-
 ALENT, OF CLINICAL COURSES, AS DETERMINED BY THE DEPARTMENT. AN INDIVID-
 UAL  WHO  HAS  COMPLETED  A  LICENSED PSYCHOANALYST PROGRAM THAT DID NOT
 INCLUDE  TWELVE CREDIT HOURS, OR THE SUBSTANTIAL EQUIVALENT, OF CLINICAL
 COURSES MAY SATISFY SUCH REQUIREMENT BY COMPLETING ANY REMAINING  EQUIV-
 ALENT POST-GRADUATE CLINICAL COURSES, IN ACCORDANCE WITH THE COMMISSION-
 ER'S  REGULATIONS.  THE COURSEWORK SHALL INCLUDE, BUT NOT BE LIMITED TO,
 THE FOLLOWING AREAS:
   (A) PERSONALITY DEVELOPMENT;
   (B)_PSYCHOANALYTIC THEORY OF PSYCHOPATHOLOGY;
   (C) DIAGNOSIS, AND PSYCHOANALYTIC THEORY OF PSYCHODIAGNOSIS;
   (D) SOCIOCULTURAL INFLUENCE ON GROWTH AND PSYCHOPATHOLOGY;
   (E) PRACTICE TECHNIQUE (INCLUDING DREAMS AND SYMBOLIC PROCESSES);
   (F) ANALYSIS OF RESISTANCE, TRANSFERENCE, AND COUNTERTRANSFERENCE;
   (G) CASE SEMINARS ON CLINICAL PRACTICE;
   (H) PRACTICE IN PSYCHOPATHOLOGY AND PSYCHODIAGNOSIS;
   (I) PROFESSIONAL ETHICS AND PSYCHOANALYTIC RESEARCH METHODOLOGY; AND
   (J) A MINIMUM OF THREE HUNDRED HOURS  OF  PERSONAL  ANALYSIS  AND  ONE
 HUNDRED FIFTY HOURS OF SUPERVISED ANALYSIS; AND
   (II)  COMPLETED A MINIMUM OF TWO THOUSAND HOURS OF SUPERVISED CLINICAL
 PRACTICE RELEVANT TO THE PRACTICE OF PSYCHOANALYSIS COMPRISED OF  DIRECT
 CLIENT  CONTACT  HOURS  INCLUDING  DIAGNOSIS, PSYCHOTHERAPY, AND ASSESS-
 MENT-BASED TREATMENT PLANS SATISFACTORY TO THE DEPARTMENT AND IN ACCORD-
 ANCE WITH THE COMMISSIONER'S REGULATIONS. THIS SUPERVISED CLINICAL PRAC-
 TICE MAY NOT BEGIN PRIOR TO THE SUCCESSFUL COMPLETION OF  TWO  YEARS  OF
 COURSEWORK  THAT INCLUDES TWELVE CREDIT HOURS, OR THE SUBSTANTIAL EQUIV-
 ALENT, OF CLINICAL COURSEWORK, AS DETERMINED BY THE  DEPARTMENT.  SATIS-
 FACTORY 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 EXPE-
 RIENCE  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  APPLI-
 CANT  UNDER  THE BELIEF THAT APPROPRIATE AUTHORIZATION HAD BEEN OBTAINED
 FOR THE EXPERIENCE,  PROVIDED  THAT  SUCH  EXPERIENCE  MEETS  ALL  OTHER
 REQUIREMENTS FOR ACCEPTABLE EXPERIENCE; OR
   (B)  ALTERNATIVE  PATHWAY.  THE  COMMISSIONER  SHALL ISSUE APPROPRIATE
 CERTIFICATES TO PSYCHOANALYSTS LICENSED PRIOR TO THE EFFECTIVE  DATE  OF
 THIS SUBDIVISION WHO HAVE COMPLETED TWELVE CREDIT HOURS, OR THE SUBSTAN-
 TIAL  EQUIVALENT, OF CLINICAL COURSES OF WHICH A MINIMUM OF THREE CREDIT
 HOURS, OR THE SUBSTANTIAL EQUIVALENT, SHALL INCLUDE CONTENT IN DIAGNOSIS
 IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   § 6. Paragraph (g) of subdivision 3 of section 8405 of  the  education
 law,  as  amended by chapter 210 of the laws of 2004, is amended to read
 as follows:
   (g) Fees: Pay a fee of one hundred seventy-five dollars for an initial
 license [and], a fee of one hundred seventy dollars for  each  triennial
 registration  period,  AND  FOR  THE  ADDITIONAL  AUTHORIZATION  FOR THE
 PURPOSE OF DIAGNOSING, A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS.
   § 7. 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:
 S. 5301--B                          7
 
   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.
   §  8.  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 chapter;
 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 of this chapter].
   § 9. 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; 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 of this article].
   §  10.  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; 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-
 S. 5301--B                          8
 
 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 of this title].
   §  11.  Subdivision 9 of section 8410 of the education law, as amended
 by chapter 159 of the laws of 2021, is amended to read as follows:
   9. Notwithstanding any other provision of law to the contrary, nothing
 in this article shall be construed to prohibit or limit  the  activities
 or services provided under this article by any person who is employed or
 who  commences  employment  in a program or service operated, regulated,
 funded, or approved by the department of mental hygiene, the  office  of
 children and family services, the department of corrections and communi-
 ty  supervision,  the office of temporary and disability assistance, the
 state office for the aging and the  department  of  health  or  a  local
 governmental unit as that term is defined in section 41.03 of the mental
 hygiene  law  or a social services district as defined in section sixty-
 one of the social services law on or before two years from the date that
 the regulations issued in accordance with section six of part Y of chap-
 ter fifty-seven of the laws of two thousand eighteen appear in the state
 register or are adopted, whichever is later. Such prohibitions or  limi-
 tations  shall  not  apply  to such employees for as long as they remain
 employed by such programs or services and whether they  remain  employed
 by  the  same  or  other  employers providing such programs or services.
 Provided however, that any  person  who  commences  employment  in  such
 program  or  service  after  such  date  and  performs services that are
 restricted under this article shall be appropriately licensed or author-
 ized under this article. Each state oversight agency  shall  create  and
 maintain  a  process  to verify employment history of individuals exempt
 under this subdivision.   PROVIDED, HOWEVER,  THAT  NOTWITHSTANDING  ANY
 OTHER  PROVISION  OF LAW TO THE CONTRARY, LICENSED MENTAL HEALTH COUNSE-
 LOR, LICENSED MARRIAGE AND FAMILY THERAPIST, AND LICENSED  PSYCHOANALYST
 EMPLOYED  IN  A  PROGRAM  OR  SERVICE  OPERATED,  REGULATED,  FUNDED, OR
 APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE OFFICE OF CHILDREN AND
 FAMILY SERVICES, THE DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPER-
 VISION,  THE  OFFICE  OF  TEMPORARY AND DISABILITY ASSISTANCE, THE STATE
 OFFICE FOR THE AGING AND THE DEPARTMENT OF HEALTH  OR  A  LOCAL  GOVERN-
 MENTAL  UNIT  AS DEFINED BY SECTION 41.03 OF THE MENTAL HYGIENE LAW OR A
 SOCIAL SERVICES DISTRICT AS DEFINED BY SECTION SIXTY-ONE OF  THE  SOCIAL
 SERVICES  LAW  PRIOR  TO JUNE TWENTY-FOURTH, TWO THOUSAND TWENTY-TWO MAY
 DIAGNOSE AND DEVELOP ASSESSMENT-BASED TREATMENT PLANS AS  LONG  AS  THEY
 REMAIN EMPLOYED BY SUCH PROGRAMS, PROVIDED HOWEVER, SUCH LICENSED MENTAL
 HEALTH  COUNSELOR,  LICENSED  MARRIAGE AND FAMILY THERAPIST AND LICENSED
 PSYCHOANALYST IS REQUIRED TO HOLD  A  CERTIFICATE  TO  DIAGNOSE  BY  THE
 COMMISSIONER  TWO  YEARS  AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE
 LAWS OF TWO THOUSAND TWENTY-TWO THAT AMENDED THIS SUBDIVISION.
   § 12. Subdivision 8 of section 7706 of the education law,  as  amended
 by chapter 159 of the laws of 2021, is amended to read as follows:
   8. Notwithstanding any other provision of law to the contrary, nothing
 in  this  article shall be construed to prohibit or limit the activities
 or services provided under this article by any person who is employed or
 who commences employment in a program or  service  operated,  regulated,
 funded,  or  approved by the department of mental hygiene, the office of
 children and family services, the department of corrections and communi-
 ty supervision, the office of temporary and disability  assistance,  the
 state  office  for  the  aging  and  the department of health or a local
 governmental unit as that term is defined in section 41.03 of the mental
 S. 5301--B                          9
 
 hygiene law or a social services district as defined in  section  sixty-
 one of the social services law on or before two years from the date that
 the regulations issued in accordance with section six of part Y of chap-
 ter fifty-seven of the laws of two thousand eighteen appear in the state
 register  or are adopted, whichever is later. Such prohibitions or limi-
 tations shall not apply to such employees for as  long  as  they  remain
 employed  by  such programs or services and whether they remain employed
 by the same or other employers  providing  such  programs  or  services.
 Provided  however,  that  any  person  who  commences employment in such
 program or service after  such  date  and  performs  services  that  are
 restricted under this article shall be appropriately licensed or author-
 ized  under  this  article. Each state oversight agency shall create and
 maintain a process to verify employment history  of  individuals  exempt
 under  this  subdivision.  PROVIDED,  HOWEVER,  THAT NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW TO THE CONTRARY, LICENSED MENTAL  HEALTH  COUNSE-
 LOR,  LICENSED MARRIAGE AND FAMILY THERAPIST, AND LICENSED PSYCHOANALYST
 EMPLOYED IN  A  PROGRAM  OR  SERVICE  OPERATED,  REGULATED,  FUNDED,  OR
 APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE OFFICE OF CHILDREN AND
 FAMILY  SERVICES,  THE  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPER-
 VISION, THE OFFICE OF TEMPORARY AND  DISABILITY  ASSISTANCE,  THE  STATE
 OFFICE  FOR  THE  AGING  AND THE DEPARTMENT OF HEALTH OR A LOCAL GOVERN-
 MENTAL UNIT AS DEFINED IN SECTION 41.03 OF THE MENTAL HYGIENE LAW  OR  A
 SOCIAL  SERVICES  DISTRICT AS DEFINED IN SECTION SIXTY-ONE OF THE SOCIAL
 SERVICES LAW PRIOR TO JUNE TWENTY-FOURTH, TWO  THOUSAND  TWENTY-TWO  MAY
 DIAGNOSE  AND  DEVELOP  ASSESSMENT-BASED TREATMENT PLANS AS LONG AS THEY
 REMAIN EMPLOYED BY SUCH PROGRAMS, PROVIDED HOWEVER, SUCH LICENSED MENTAL
 HEALTH COUNSELOR, LICENSED MARRIAGE AND FAMILY  THERAPIST  AND  LICENSED
 PSYCHOANALYST  IS  REQUIRED  TO  HOLD  A  CERTIFICATE TO DIAGNOSE BY THE
 COMMISSIONER TWO YEARS AFTER THE EFFECTIVE DATE OF THE  CHAPTER  OF  THE
 LAWS OF TWO THOUSAND TWENTY-TWO THAT AMENDED THIS SUBDIVISION.
   §  13. Subdivision 12 of section 7605 of the education law, as amended
 by chapter 159 of the laws of 2021, is amended to read as follows:
   12. Notwithstanding any other provision of law to the contrary,  noth-
 ing  in  this article shall be construed to prohibit or limit the activ-
 ities or services provided under this  article  by  any  person  who  is
 employed  or  who commences employment in a program or service operated,
 regulated, funded, or approved by the department of mental hygiene,  the
 office  of children and family services, or a local governmental unit as
 that term is defined in section 41.03 of the mental  hygiene  law  or  a
 social  services  district as defined in section sixty-one of the social
 services law on or before two years from the date that  the  regulations
 issued  in  accordance with section six of part Y of chapter fifty-seven
 of the laws of two thousand eighteen appear in the state register or are
 adopted, whichever is later. Such prohibitions or limitations shall  not
 apply  to  such  employees  for  as long as they remain employed by such
 programs or services and whether they remain employed  by  the  same  or
 other  employers providing such programs or services. Provided, however,
 that any person who commences employment  in  such  program  or  service
 after  such  date  and  performs services that are restricted under this
 article shall be appropriately licensed or authorized under  this  arti-
 cle.  Each state oversight agency shall create and maintain a process to
 verify employment history of individuals exempt under this  subdivision.
 PROVIDED,  HOWEVER,  THAT  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO
 THE CONTRARY, LICENSED MENTAL HEALTH COUNSELOR,  LICENSED  MARRIAGE  AND
 FAMILY  THERAPIST,  AND  LICENSED PSYCHOANALYST EMPLOYED IN A PROGRAM OR
 SERVICE OPERATED, REGULATED, FUNDED, OR APPROVED BY  THE  DEPARTMENT  OF
 S. 5301--B                         10
 
 MENTAL  HYGIENE, THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE DEPART-
 MENT OF CORRECTIONS AND COMMUNITY SUPERVISION, THE OFFICE  OF  TEMPORARY
 AND  DISABILITY  ASSISTANCE,  THE  STATE  OFFICE  FOR  THE AGING AND THE
 DEPARTMENT  OF HEALTH OR A LOCAL GOVERNMENTAL UNIT AS DEFINED IN SECTION
 41.03 OF THE MENTAL HYGIENE LAW OR A SOCIAL SERVICES DISTRICT AS DEFINED
 IN SECTION SIXTY-ONE OF THE SOCIAL SERVICES LAW PRIOR  TO  JUNE  TWENTY-
 FOURTH,  TWO  THOUSAND  TWENTY-TWO  MAY DIAGNOSE AND DEVELOP ASSESSMENT-
 BASED TREATMENT PLANS AS LONG AS THEY REMAIN EMPLOYED BY  SUCH  PROGRAMS
 OR  SERVICES  AND  WHETHER  THEY  REMAIN  EMPLOYED  BY THE SAME OR OTHER
 EMPLOYERS PROVIDING SUCH PROGRAMS OR SERVICES,  PROVIDED  HOWEVER,  SUCH
 LICENSED MENTAL HEALTH COUNSELOR, LICENSED MARRIAGE AND FAMILY THERAPIST
 AND LICENSED PSYCHOANALYST IS REQUIRED TO HOLD A CERTIFICATE TO DIAGNOSE
 BY THE COMMISSIONER TWO YEARS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF
 THE LAWS OF TWO THOUSAND TWENTY-TWO THAT AMENDED THIS SUBDIVISION.
   §  14.  This act shall take effect on first day of the eighteenth full
 month after it shall have become a law; provided, however that  sections
 eleven,  twelve  and  thirteen of this act shall take effect on June 24,
 2022. 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.