S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9449
 
                             I N  S E N A T E
 
                               May 27, 2022
                                ___________
 
 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 diagnostic  privilege;
   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" MEANS THE PROCESS OF DISTINGUISHING, BEYOND  A  GENERAL
 ASSESSMENT,  BETWEEN  SIMILAR  MENTAL,  EMOTIONAL,  BEHAVIORAL, DEVELOP-
 MENTAL, AND ADDICTIVE DISORDERS, IMPAIRMENTS, AND DISABILITIES WITHIN  A
 PSYCHOSOCIAL  FRAMEWORK ON THE BASIS OF THEIR SIMILAR AND UNIQUE CHARAC-
 TERISTICS CONSISTENT WITH ACCEPTED CLASSIFICATION SYSTEMS.
   4. "DEVELOPMENT OF ASSESSMENT-BASED TREATMENT PLANS" MEANS THE  DEVEL-
 OPMENT OF AN INTEGRATED PLAN OF PRIORITIZED INTERVENTIONS, THAT IS BASED
 ON  THE  DIAGNOSIS AND PSYCHOSOCIAL ASSESSMENT OF THE CLIENT, TO ADDRESS
 MENTAL, EMOTIONAL, BEHAVIORAL, DEVELOPMENTAL, AND  ADDICTIVE  DISORDERS,
 IMPAIRMENTS, AND DISABILITIES.
   §  2.  The  education law is amended by adding a new section 8401-a to
 read as follows:
   § 8401-A. DIAGNOSTIC PRIVILEGE. 1. FOR  ISSUANCE  OF  A  PRIVILEGE  TO
 DIAGNOSE  AND  DEVELOP  ASSESSMENT-BASED  TREATMENT PLANS, AS DEFINED IN
 SECTION EIGHTY-FOUR HUNDRED ONE OF THIS  ARTICLE,  THE  APPLICANT  SHALL
 FULFILL THE FOLLOWING REQUIREMENTS:
   (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   (B)  LICENSE: BE LICENSED AND REGISTERED AS A MENTAL HEALTH COUNSELOR,
 MARRIAGE AND FAMILY THERAPIST, OR A PSYCHOANALYST IN THE STATE;
   (C) EDUCATION:   VERIFY  THE  COMPLETION  OF  A  SIXTY  SEMESTER  HOUR
 MASTER'S DEGREE OR HIGHER, OR THE CLOCK HOUR EQUIVALENT PROGRAM OF STUDY
 IN  A  PSYCHOANALYTIC  INSTITUTE,  THAT  INCLUDES  COMPLETION  OF A CORE
 CURRICULUM WHICH INCLUDES AT LEAST TWELVE SEMESTER HOURS OR  CLOCK  HOUR
 EQUIVALENT  OF  CLINICAL COURSES THAT PREPARES THE APPLICANT TO DIAGNOSE
 AND DEVELOP ASSESSMENT-BASED TREATMENT PLANS ACCEPTABLE TO  THE  DEPART-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09892-20-2
 S. 9449                             2
 
 MENT. A PERSON WHO HAS RECEIVED A MASTER'S OR HIGHER DEGREE DURING WHICH
 THEY  DID  NOT COMPLETE THE REQUIRED HOURS, MAY SATISFY SUCH REQUIREMENT
 BY COMPLETING THE EQUIVALENT POST-GRADUATE COURSES  IN  ACCORDANCE  WITH
 THE COMMISSIONER'S REGULATIONS;
   (D)  EXPERIENCE:  (I)  HAVE  COMPLETED  AT LEAST TWO THOUSAND HOURS OF
 SUPERVISED, DIRECT CLIENT CONTACT THAT SHALL INCLUDE, BUT NOT BE LIMITED
 TO, DIAGNOSIS, PSYCHOTHERAPY AND  THE  DEVELOPMENT  OF  ASSESSMENT-BASED
 TREATMENT  PLANS,  AS DEFINED IN SECTION EIGHTY-FOUR HUNDRED ONE OF THIS
 ARTICLE, SATISFACTORY TO THE DEPARTMENT.
   (II) SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL NOT APPLY  TO  A  MENTAL
 HEALTH  COUNSELOR,  MARRIAGE  AND FAMILY THERAPIST, OR PSYCHOANALYST WHO
 WAS LICENSED PRIOR TO JUNE TWENTY-FOURTH, TWO THOUSAND TWENTY-FOUR,  AND
 WHO PROVIDES ATTESTATION, ON A FORM PRESCRIBED BY THE DEPARTMENT, FROM A
 SUPERVISOR IN A FACILITY SETTING OR OTHER SUPERVISED SETTING APPROVED BY
 THE  DEPARTMENT  UNDER SUPERVISION IN ACCORDANCE WITH THE COMMISSIONER'S
 REGULATIONS, THAT SUCH LICENSEE HAS AT LEAST THREE YEARS  OF  EXPERIENCE
 ENGAGED IN DIRECT CLIENT CONTACT THAT SHALL INCLUDE DIAGNOSIS, PSYCHOTH-
 ERAPY  AND  THE  DEVELOPMENT  OF ASSESSMENT-BASED TREATMENT PLANS.  SUCH
 LICENSEE SHALL SUBMIT AN APPLICATION TO THE  DEPARTMENT    WITHIN  THREE
 YEARS OF THE EFFECTIVE DATE OF THIS SECTION.
   (E) FEE: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR ISSUANCE OF
 A PRIVILEGE TO DIAGNOSE AND DEVELOP ASSESSMENT-BASED TREATMENT PLANS.
   2. A MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERAPIST OR PSYCHO-
 ANALYST WHO ENGAGES IN DIAGNOSIS AND THE DEVELOPMENT OF ASSESSMENT-BASED
 TREATMENT  PLANS  WITHOUT  A  PRIVILEGE MAY BE CHARGED WITH PROFESSIONAL
 MISCONDUCT UNDER SECTION SIXTY-FIVE HUNDRED NINE OF THIS TITLE.
   3. A PRIVILEGE 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. THE HOLDER
 OF A PRIVILEGE ISSUED UNDER THIS SECTION SHALL REGISTER WITH THE DEPART-
 MENT AS A PRIVILEGE HOLDER IN THE SAME MANNER AND SUBJECT  TO  THE  SAME
 PROVISIONS  AS  REQUIRED  OF  A  LICENSEE PURSUANT TO SECTION SIXTY-FIVE
 HUNDRED TWO OF THIS TITLE, PROVIDED THAT, AT THE TIME OF EACH  REGISTRA-
 TION,  THE  PRIVILEGE  HOLDER  SHALL CERTIFY THAT HE OR SHE CONTINUES TO
 MEET THE REQUIREMENTS FOR THE PRIVILEGE SET FORTH IN THIS  SECTION.  THE
 FEE FOR SUCH REGISTRATION SHALL BE ONE HUNDRED SEVENTY-FIVE DOLLARS. THE
 REGISTRATION PERIOD FOR A PRIVILEGE HOLDER SHALL BE COTERMINOUS WITH HIS
 OR HER REGISTRATION UNDER THIS ARTICLE.
   §  3.  Subdivision 1 of section 8407 of the education law, as added by
 chapter 676 of the laws of 2002, is amended to read as follows:
   1. It shall be deemed practicing outside the boundaries of his or  her
 professional  competence for a person licensed pursuant to this article,
 in the case of treatment of any serious mental illness, to  provide  any
 mental  health  service  for  such illness on a continuous and sustained
 basis without a medical evaluation of the illness by,  and  consultation
 with,  a  physician regarding such illness, UNLESS SUCH LICENSED PROFES-
 SIONAL HAS BEEN ISSUED A PRIVILEGE TO DIAGNOSIS AND DEVELOP  ASSESSMENT-
 BASED  TREATMENT  PLANS  BY  THE DEPARTMENT. Such medical evaluation and
 consultation shall be to determine and advise whether any  medical  care
 is  indicated  for  such illness. For purposes of this section, "serious
 mental illness" means schizophrenia, schizoaffective  disorder,  bipolar
 disorder,  major  depressive disorder, panic disorder, obsessive-compul-
 sive disorder, attention-deficit hyperactivity disorder and autism.
   § 4. Subdivision 1 of section 8409 of the education law, as amended by
 chapter 210 of the laws of 2004, is amended to read as follows:
 S. 9449                             3
 
   1. The department may issue a limited permit to an applicant who meets
 all qualifications for licensure, except the examination and/or  experi-
 ence  requirements, OR TO AN APPLICANT WHO IS GAINING EXPERIENCE FOR THE
 DIAGNOSTIC PRIVILEGE, in accordance with regulations promulgated  there-
 for.
   §  5.  Section  8410  of  the education law is amended by adding a new
 subdivision 11 to read as follows:
   11. PROHIBIT OR LIMIT A MENTAL HEALTH COUNSELOR, MARRIAGE  AND  FAMILY
 THERAPIST,  OR  PSYCHOANALYST  LICENSED  AND REGISTERED PURSUANT TO THIS
 ARTICLE FROM ENGAGING IN DIAGNOSIS AND THE  DEVELOPMENT  OF  ASSESSMENT-
 BASED  TREATMENT PLANS, AS DEFINED IN SECTION EIGHTY-FOUR HUNDRED ONE OF
 THIS ARTICLE,  IN  A  FACILITY  SETTING  OR  OTHER  SUPERVISED  SETTINGS
 APPROVED  BY  THE  DEPARTMENT  UNDER  SUPERVISION IN ACCORDANCE WITH THE
 COMMISSIONER'S REGULATIONS.
   § 6. This act shall take effect June 24, 2022; provided however,  that
 sections  two  and  three  of  this act shall take effect June 24, 2024;
 provided, further, that the provisions of section five of this act shall
 expire and be deemed repealed June 24, 2025. Effective immediately,  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made and completed on or before such effective date.