S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3036--A
     Cal. No. 1330
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2023
                                ___________
 
 Introduced  by  Sens.  BROUK,  ADDABBO,  BAILEY, HELMING, HOYLMAN-SIGAL,
   JACKSON, MAY, ORTT, PALUMBO, SCARCELLA-SPANTON, SKOUFIS -- read  twice
   and ordered printed, and when printed to be committed to the Committee
   on  Education  --  recommitted to the Committee on Higher Education in
   accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
   committee,  ordered  to  first  and  second report, ordered to a third
   reading, amended and ordered reprinted, retaining  its  place  in  the
   order of third reading
 
 AN  ACT  to  amend  the  education  law  and the social services law, in
   relation to the practice of a licensed school psychology practitioner
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  intent and findings.   The legislature finds
 that the ever-growing social and emotional needs of children  and  youth
 have  only  been  intensified by the COVID-19 pandemic.  The legislature
 acknowledges that the U.S. Surgeon General has declared a national emer-
 gency in relation to children's mental  health,  and  that  parents  and
 professionals  are  calling for greater access to mental health services
 for children. The legislature therefore intends to ensure  services  are
 available  for  children, youth, and their parents to seek the help they
 need by allowing school psychology professionals to assist  these  indi-
 viduals  outside  of  a  traditional setting. The legislature finds that
 increasing the number of trained professionals who are able  to  provide
 mental  health  services outside of an educational setting will be posi-
 tive for the children, parents, school, and society.  School  psychology
 professionals  are trained and educated in psychopathology, the psychol-
 ogy of learning, motivation and human development in  order  to  address
 the  many  factors  influencing  their  adjustment  in  school and life.
 Accordingly, these factors may  include  trauma,  social  and  emotional
 adjustment,  inequitable  and historically marginalized community condi-
 tions, school  climate,  and  home/school/community  collaboration.  The
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05604-04-4
 S. 3036--A                          2
 
 legislature  therefore declares that by addressing the needs of children
 through  prevention  services,  assessments  and/or  counseling,  school
 psychology  professionals  can contribute to their future success. It is
 important  that  school  psychology  professionals  are held to specific
 standards and requirements that will ensure competent services.
   § 2. The education law is amended by adding a  new  article  153-A  to
 read as follows:
                               ARTICLE 153-A
                  LICENSED SCHOOL PSYCHOLOGY PRACTITIONER
 SECTION 7620. INTRODUCTION.
         7621. PRACTICE  OF  LICENSED  SCHOOL PSYCHOLOGY PRACTITIONER AND
                 USE OF THE TITLE "LICENSED SCHOOL PSYCHOLOGY PRACTITION-
                 ER".
         7622. DEFINITION OF THE PRACTICE OF A LICENSED SCHOOL PSYCHOLOGY
                 PRACTITIONER.
         7623. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         7624. BOUNDARIES OF PROFESSIONAL COMPETENCY.
         7625. LIMITED PERMITS.
         7626. EXEMPTIONS.
         7627. SPECIAL PROVISIONS.
   § 7620. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION AND PRAC-
 TICE OF A LICENSED SCHOOL PSYCHOLOGY PRACTITIONER AND TO THE USE OF  THE
 TITLE "LICENSED SCHOOL PSYCHOLOGY PRACTITIONER".  THE GENERAL PROVISIONS
 FOR  ALL  PROFESSIONS  CONTAINED  IN  ARTICLE ONE HUNDRED THIRTY OF THIS
 TITLE APPLY TO THIS ARTICLE.
   § 7621. PRACTICE OF LICENSED SCHOOL PSYCHOLOGY PRACTITIONER AND USE OF
 THE TITLE "LICENSED SCHOOL PSYCHOLOGY  PRACTITIONER".    ONLY  A  PERSON
 LICENSED  OR  EXEMPT  UNDER  THIS  ARTICLE  SHALL PRACTICE AS A LICENSED
 SCHOOL  PSYCHOLOGY  PRACTITIONER  OR  USE  THE  TITLE  "LICENSED  SCHOOL
 PSYCHOLOGY PRACTITIONER".
   §  7622.  DEFINITION  OF  THE PRACTICE OF A LICENSED SCHOOL PSYCHOLOGY
 PRACTITIONER. THE PRACTICE OF A LICENSED SCHOOL PSYCHOLOGY  PRACTITIONER
 IS:
   1.  THE  ASSESSMENT,  INCLUDING  PSYCHO-EDUCATIONAL, DEVELOPMENTAL AND
 VOCATIONAL ASSESSMENT, EVALUATION AND  INTERPRETATION  OF  INTELLIGENCE,
 COGNITIVE PROCESSES, APTITUDES, INTERESTS, ACADEMIC ACHIEVEMENT, ADJUST-
 MENT,  PERSONALITY  FACTORS AND MOTIVATIONS, OR ANY OTHER ATTRIBUTES, TO
 INDIVIDUALS OR GROUPS OF INDIVIDUALS AGED BIRTH TO TWENTY-TWO YEARS THAT
 RELATE TO LEARNING, EDUCATION OR ADJUSTMENT NEEDS;
   2.  THE  DEVELOPMENT  AND  IMPLEMENTATION   OF   EDUCATIONALLY-RELATED
 PSYCHOTHERAPEUTIC  AND  BEHAVIORAL APPROACHES TO INCREASE SCHOOL ADJUST-
 MENT AND ACADEMIC  SUCCESS,  COUNSELING  AND  INTERPRETIVE  SERVICES  TO
 REDUCE  EDUCATION-RELATED PROBLEMS INCLUDING, BUT NOT LIMITED TO, VERBAL
 INTERACTION, INTERVIEWING, BEHAVIOR TECHNIQUES, DEVELOPMENTAL AND  VOCA-
 TIONAL INTERVENTION, ENVIRONMENTAL MANAGEMENT AND GROUP PROCESSES;
   3.  CONSULTATION  WITH REPRESENTATIVES OF SCHOOLS, AGENCIES AND ORGAN-
 IZATIONS, FAMILIES OR INDIVIDUALS, INCLUDING PSYCHO-EDUCATIONAL,  DEVEL-
 OPMENTAL  AND  VOCATIONAL    ASSISTANCE  OR DIRECT EDUCATIONAL SERVICES,
 RELATED TO LEARNING PROBLEMS AND ADJUSTMENTS TO THOSE  PROBLEMS  TO  THE
 BENEFIT  OF  AN INDIVIDUAL OR GROUP OF INDIVIDUALS AGED BIRTH TO TWENTY-
 TWO YEARS; AND
   4. THE DEVELOPMENT OF PROGRAMMING, INCLUDING  DESIGNING,  IMPLEMENTING
 OR  EVALUATING EDUCATIONALLY AND PSYCHOLOGICALLY SOUND LEARNING ENVIRON-
 MENTS AND THE FACILITATION OF PSYCHO-EDUCATIONAL DEVELOPMENT OF INDIVID-
 UALS, FAMILIES OR GROUPS.
 S. 3036--A                          3
 
   § 7623.  REQUIREMENTS FOR A PROFESSIONAL LICENSE.  TO  QUALIFY  FOR  A
 LICENSE AS A LICENSED SCHOOL PSYCHOLOGY PRACTITIONER, AN APPLICANT SHALL
 FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2.  EDUCATION:  COMPLETE A MINIMUM OF SIXTY GRADUATE SEMESTER HOURS IN
 PSYCHOLOGY CREDITS INCLUDING A MASTER'S DEGREE AND FULFILL THE  REQUIRE-
 MENTS  OF  AN  ADVANCED DEGREE IN SCHOOL PSYCHOLOGY OR ITS EQUIVALENT OR
 DOCTORAL DEGREE IN SCHOOL PSYCHOLOGY FROM A PROGRAM  REGISTERED  BY  THE
 DEPARTMENT, OR DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIV-
 ALENT  IN  ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.  THE GRADUATE
 COURSEWORK SHALL REFLECT THE TRAINING AND CREDENTIALING STANDARDS ESTAB-
 LISHED BY A NATIONAL CERTIFYING BODY HAVING  SCHOOL  PSYCHOLOGY  CERTIF-
 ICATION  OR  REGIONAL  STANDARDS  ACCEPTABLE  TO  THE  COMMISSIONER  AND
 INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING AREAS:
   (I) BIOLOGICAL, SOCIAL AND CULTURAL BASES OF DEVELOPMENT;
   (II) PSYCHOPATHOLOGY AND EXCEPTIONALITY IN LEARNING AND BEHAVIOR;
   (III)  ASSESSMENT  AND  APPRAISAL  OF  LEARNERS  IN  HOME  AND  SCHOOL
 CONTEXTS;
   (IV)  CONSULTATION  AND  COLLABORATION IN FAMILY, SCHOOL AND COMMUNITY
 SYSTEMS;
   (V) EFFECTIVE INSTRUCTION AND DEVELOPMENT OF  COGNITIVE  AND  ACADEMIC
 SKILLS;
   (VI)  PREVENTION  AND  TREATMENT OF BEHAVIORAL AND EMOTIONAL DISORDERS
 AND DEFICITS;
   (VII) SCHOOL ORGANIZATION, CURRICULUM, POLICY AND LAW;
   (VIII) RESEARCH AND PROGRAM EVALUATION;
   (IX) PROFESSIONAL AND ETHICAL PRACTICE OF PSYCHOLOGY IN SCHOOLS; AND
   (X) COMPLETION OF A  TWELVE  HUNDRED  HOUR  SUPERVISED  INTERNSHIP  IN
 SCHOOL  PSYCHOLOGY, WITH NO LESS THAN SIX HUNDRED HOURS COMPLETED WITHIN
 A SCHOOL SETTING  OR  SUCH  OTHER  SETTING  OTHERWISE  GOVERNED  BY  THE
 PROVISIONS  OF  SECTION SIXTY-FIVE HUNDRED THREE-A OR SIXTY-FIVE HUNDRED
 THREE-B OF THIS TITLE RELATING TO WAIVERS FOR ENTITIES PROVIDING PROFES-
 SIONAL SERVICES.
   3. EXPERIENCE: COMPLETE A MINIMUM OF TWO THOUSAND FOUR  HUNDRED  HOURS
 OF  POST-MASTER'S  SUPERVISED  EXPERIENCE  RELEVANT  TO  THE PRACTICE OF
 SCHOOL PSYCHOLOGY SATISFACTORY TO THE BOARD AND IN ACCORDANCE  WITH  THE
 COMMISSIONER'S REGULATIONS, SUCH SUPERVISED EXPERIENCE WHICH MAY INCLUDE
 ONE  THOUSAND TWO HUNDRED HOURS COMPLETED AS PART OF A PROGRAM IN SCHOOL
 PSYCHOLOGY. SATISFACTORY EXPERIENCE  OBTAINED  IN  AN  ENTITY  OPERATING
 UNDER  A  WAIVER ISSUED BY THE DEPARTMENT PURSUANT TO SECTION SIXTY-FIVE
 HUNDRED THREE-A OF  THIS  TITLE  MAY  BE  ACCEPTED  BY  THE  DEPARTMENT,
 NOTWITHSTANDING THAT SUCH EXPERIENCE MAY HAVE BEEN OBTAINED PRIOR TO THE
 EFFECTIVE  DATE  OF SUCH SECTION SIXTY-FIVE HUNDRED THREE-A AND/OR PRIOR
 TO THE ENTITY HAVING OBTAINED A WAIVER. THE  DEPARTMENT  MAY,  FOR  GOOD
 CAUSE  SHOWN,  ACCEPT  SATISFACTORY  EXPERIENCE  THAT  WAS OBTAINED IN A
 SETTING THAT WOULD HAVE BEEN ELIGIBLE FOR A WAIVER  BUT  WHICH  HAS  NOT
 OBTAINED A WAIVER FROM THE DEPARTMENT OR EXPERIENCE THAT WAS OBTAINED IN
 GOOD  FAITH  BY THE APPLICANT UNDER THE BELIEF THAT APPROPRIATE AUTHORI-
 ZATION HAD BEEN OBTAINED FOR THE EXPERIENCE, PROVIDED THAT SUCH  EXPERI-
 ENCE MEETS ALL OTHER REQUIREMENTS FOR ACCEPTABLE EXPERIENCE;
   4.  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
 S. 3036--A                          4
 
   7.  FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS TO THE DEPART-
 MENT FOR ADMISSION TO A DEPARTMENT  CONDUCTED  EXAMINATION  AND  FOR  AN
 INITIAL LICENSE AND A FEE OF ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIEN-
 NIAL REGISTRATION PERIOD.
   §  7624. BOUNDARIES OF PROFESSIONAL COMPETENCY. 1.  IT SHALL BE DEEMED
 PRACTICING OUTSIDE THE BOUNDARIES OF A PERSON'S PROFESSIONAL  COMPETENCE
 FOR A PERSON LICENSED PURSUANT TO THIS ARTICLE, IN THE CASE OF TREATMENT
 OF  ANY  SERIOUS  MENTAL ILLNESS, TO PROVIDE  ANY MENTAL HEALTH SERVICES
 FOR SUCH ILLNESS ON A CONTINUOUS AND SUSTAINED BASIS WITHOUT A   MEDICAL
 EVALUATION OF THE ILLNESS BY, AND CONSULTATION WITH, A PHYSICIAN REGARD-
 ING SUCH  ILLNESS.  SUCH MEDICAL EVALUATION AND CONSULTATION SHALL BE TO
 DETERMINE  AND  ADVISE  WHETHER  ANY  MEDICAL CARE IS INDICATED FOR SUCH
 ILLNESS. FOR PURPOSES OF THIS SECTION,  "SERIOUS MENTAL  ILLNESS"  MEANS
 SCHIZOPHRENIA,   SCHIZOAFFECTIVE  DISORDER,  BIPOLAR  DISORDER,    MAJOR
 DEPRESSIVE DISORDER, PANIC DISORDER AND  OBSESSIVE-COMPULSIVE  DISORDER.
 NOTHING  IN  THIS SECTION SHALL BE CONSTRUED TO PREVENT, LIMIT OR IMPAIR
 CONSULTATION WITH ANY OTHER HEALTH OR MENTAL HEALTH PROFESSIONAL.  NOTH-
 ING HEREIN CONTAINED SHALL LIMIT, MODIFY, RESTRICT OR  OTHERWISE  AFFECT
 THE  DEFINITION  OF THE PRACTICE OF A LICENSED SCHOOL PSYCHOLOGY PRACTI-
 TIONER AS PROVIDED IN SECTION SEVENTY-SIX  HUNDRED  TWENTY-TWO  OF  THIS
 ARTICLE.
   2.  ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM
 THE PROVISIONS OF THIS ARTICLE SHALL BE PROHIBITED FROM:
   (A) PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER AS A
 TREATMENT, THERAPY, OR PROFESSIONAL SERVICE  IN  THE  PRACTICE  OF  SUCH
 INDIVIDUAL'S PROFESSION;
   (B) USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
 SERVICE IN THE PRACTICE OF SUCH INDIVIDUAL'S PROFESSION. FOR PURPOSES OF
 THIS  SUBDIVISION,  "INVASIVE  PROCEDURE"  MEANS  ANY PROCEDURE IN WHICH
 HUMAN TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL  OR
 OTHER  MEANS.    INVASIVE  PROCEDURE  INCLUDES SURGERY, LASERS, IONIZING
 RADIATION, THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY; OR
   (C) ENGAGING IN  DUAL  SETTING  PRACTICE,  OR  OTHERWISE  OFFERING  OR
 PROVIDING  PRIVATE PRACTICE SERVICES TO A STUDENT OF A SCHOOL OR SPECIAL
 EDUCATION PROGRAM WHERE THE PRACTITIONER IS CURRENTLY EMPLOYED OR  UNDER
 CONTRACT WITH SUCH SCHOOL OR PROGRAM.
   3.  NOTHING  IN  THIS  ARTICLE  SHALL BE DEEMED TO AUTHORIZE, GRANT OR
 EXTEND HOSPITAL PRIVILEGES TO INDIVIDUALS LICENSED UNDER THIS ARTICLE.
   § 7625. LIMITED PERMITS.  1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT
 TO AN APPLICANT WHOSE QUALIFICATIONS HAVE BEEN APPROVED FOR ADMISSION TO
 THE EXAMINATION IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
   2. LIMITED PERMITS SHALL BE FOR TWO  YEARS  AND  BE  RENEWED,  AT  THE
 DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
   3.  THE  FEE  FOR  EACH  LIMITED  PERMIT AND FOR EACH RENEWAL SHALL BE
 SEVENTY DOLLARS.
   § 7626.  EXEMPTIONS.  NOTHING  CONTAINED  IN  THIS  ARTICLE  SHALL  BE
 CONSTRUED TO:
   1.  APPLY TO THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF ANY
 TITLE BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO  PRACTICE  MEDI-
 CINE WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS
 TITLE  OR  BY  ANY  PERSON REGISTERED TO PERFORM SERVICES AS A PHYSICIAN
 ASSISTANT WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED  THIRTY-ONE-B
 OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRAC-
 TICE  PSYCHOLOGY  WITHIN  THIS  STATE  PURSUANT  TO  ARTICLE ONE HUNDRED
 FIFTY-THREE OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHOR-
 IZED TO PRACTICE AS A LICENSED CLINICAL SOCIAL WORKER WITHIN THIS  STATE
 S. 3036--A                          5
 
 PURSUANT  TO  ARTICLE  ONE  HUNDRED  FIFTY-FOUR OF THIS TITLE, OR BY ANY
 PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE NURSING AS A  REGIS-
 TERED  PROFESSIONAL  NURSE  WITHIN  THIS STATE PURSUANT   TO ARTICLE ONE
 HUNDRED  THIRTY-NINE  OF THIS TITLE, OR BY ANY PERSON LICENSED OR OTHER-
 WISE AUTHORIZED TO PRACTICE MENTAL HEALTH COUNSELING, MARRIAGE AND FAMI-
 LY THERAPY, CREATIVE  ARTS THERAPY, OR PSYCHOANALYSIS WITHIN THE  STATE,
 OR  BY  ANY  PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE APPLIED
 BEHAVIOR ANALYSIS WITHIN THE STATE PURSUANT TO THIS  ARTICLE;  PROVIDED,
 HOWEVER,  THAT  NO  PHYSICIAN, PHYSICIAN'S ASSISTANT, REGISTERED PROFES-
 SIONAL NURSE, PSYCHOLOGIST, LICENSED CLINICAL  SOCIAL  WORKER,  LICENSED
 MENTAL   HEALTH  COUNSELOR,  LICENSED  MARRIAGE  AND  FAMILY  THERAPIST,
 LICENSED CREATIVE ARTS THERAPIST,  LICENSED  PSYCHOANALYST  OR  LICENSED
 APPLIED  BEHAVIOR  ANALYST  MAY USE THE TITLE UNLESS LICENSED UNDER THIS
 ARTICLE;
   2. PROHIBIT OR LIMIT ANY INDIVIDUAL WHO IS CREDENTIALED UNDER ANY LAW,
 INCLUDING ATTORNEYS, RAPE CRISIS COUNSELORS, CERTIFIED ALCOHOLISM  COUN-
 SELORS  AND  CERTIFIED  SUBSTANCE ABUSE COUNSELORS FROM PROVIDING MENTAL
 HEALTH SERVICES WITHIN THEIR RESPECTIVE ESTABLISHED AUTHORITIES;
   3. PROHIBIT OR LIMIT THE  PRACTICE OF A PROFESSION  LICENSED  PURSUANT
 TO THIS ARTICLE BY A STUDENT, INTERN OR RESIDENT IN, AND AS A PART OF, A
 SUPERVISED EDUCATIONAL PROGRAM IN AN INSTITUTION APPROVED BY THE DEPART-
 MENT;
   4.  PROHIBIT OR LIMIT THE PROVISION OF PASTORAL COUNSELING SERVICES BY
 ANY MEMBER OF THE CLERGY OR CHRISTIAN SCIENCE PRACTITIONER,  WITHIN  THE
 CONTEXT OF SUCH MEMBER OF THE CLERGY OR CHRISTIAN SCIENCE PRACTITIONER'S
 MINISTERIAL  CHARGE OR OBLIGATION;
   5.  PROHIBIT OR LIMIT INDIVIDUALS, CHURCHES, SCHOOLS, TEACHERS, ORGAN-
 IZATIONS, OR  NOT-FOR-PROFIT  BUSINESSES,  FROM  PROVIDING  INSTRUCTION,
 ADVICE, SUPPORT, ENCOURAGEMENT, OR INFORMATION TO INDIVIDUALS, FAMILIES,
 AND RELATIONAL GROUPS;
   6.  PROHIBIT  OR  LIMIT AN OCCUPATIONAL THERAPIST FROM PERFORMING WORK
 CONSISTENT WITH ARTICLE ONE HUNDRED FIFTY-SIX OF THIS TITLE;
   7. AFFECT OR PREVENT THE ACTIVITIES OR  SERVICES  ON  THE  PART  OF  A
 PERSON  IN  THE EMPLOY OF A FEDERAL, STATE, COUNTY, OR MUNICIPAL AGENCY,
 OTHER POLITICAL SUBDIVISION, OR  A  CHARTERED  ELEMENTARY  OR  SECONDARY
 SCHOOL OR DEGREE-GRANTING EDUCATIONAL INSTITUTION INSOFAR AS SUCH ACTIV-
 ITIES  AND  SERVICES  ARE A PART OF THE DUTIES OF SUCH PERSON'S SALARIED
 POSITION; OR
   8. IMPAIR OR AFFECT THE CONDUCT, ACTIVITIES OR SERVICES OF  A  TECHNI-
 CIAN  TO  ADMINISTER  AND  SCORE STANDARDIZED OBJECTIVE (NON-PROJECTIVE)
 PSYCHOLOGICAL OR NEUROPSYCHOLOGICAL TESTS WHICH HAVE SPECIFIC  PREDETER-
 MINED  AND  MANUALIZED  ADMINISTRATIVE PROCEDURES WHICH ENTAIL OBSERVING
 AND DESCRIBING TEST BEHAVIOR  AND  TEST  RESPONSES,  AND  WHICH  DO  NOT
 REQUIRE  EVALUATION,  INTERPRETATION  OR  OTHER JUDGMENTS AS PROVIDED IN
 SUBDIVISION ELEVEN OF SECTION SEVENTY-SIX HUNDRED FIVE OF THIS TITLE.
   § 7627. SPECIAL PROVISIONS. 1. ANY  NONEXEMPT  PERSON  PRACTICING  THE
 PROFESSION  OF LICENSED SCHOOL PSYCHOLOGY PRACTITIONER SHALL APPLY FOR A
 LICENSE OF SUCH PROFESSION WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
 SECTION.
   (A) IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB-
 LISHED WITHIN THIS ARTICLE, SUCH PERSON MAY  MEET  ALTERNATIVE  CRITERIA
 DETERMINED  BY  THE  DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT OF SUCH
 CRITERIA.
   (B) IF SUCH PERSON MEETS THE REQUIREMENTS FOR  A  LICENSE  ESTABLISHED
 WITHIN  THIS  ARTICLE, EXCEPT FOR EXAMINATION, AND HAS BEEN CERTIFIED OR
 REGISTERED BY A NATIONAL CERTIFYING OR REGISTERING BODY  HAVING  CERTIF-
 S. 3036--A                          6
 
 ICATION  OR  REGISTRATION STANDARDS ACCEPTABLE TO  THE COMMISSIONER, THE
 DEPARTMENT SHALL LICENSE WITHOUT EXAMINATION.
   2.  NOTWITHSTANDING  THE  REQUIREMENTS  OF SECTION SEVENTY-SIX HUNDRED
 TWENTY-THREE OF THIS ARTICLE, AND FOR A PERIOD OF TIME NOT TO EXCEED TWO
 YEARS FROM THE EFFECTIVE DATE OF THIS  ARTICLE,  AN  INDIVIDUAL  MAY  BE
 LICENSED  AS  A  SCHOOL PSYCHOLOGY PRACTITIONER PROVIDED SUCH PERSON HAS
 EITHER:
   (A) MET THE EDUCATIONAL REQUIREMENTS AS DEFINED IN SECTION SEVENTY-SIX
 HUNDRED TWENTY-THREE OF THIS ARTICLE  AND  PERFORMED  THE  DUTIES  OF  A
 SCHOOL  PSYCHOLOGIST AS AUTHORIZED BY ARTICLE ONE HUNDRED FIFTY-THREE OF
 THIS TITLE OR ANY OTHER PROVISION OF LAW, FOR TWO OF THE PAST FIVE YEARS
 PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE; OR
   (B) PERFORMED THE DUTIES OF A SCHOOL  PSYCHOLOGIST  AS  AUTHORIZED  BY
 ARTICLE  ONE HUNDRED FIFTY-THREE OF THIS TITLE OR ANY OTHER PROVISION OF
 LAW, FOR AT LEAST FIVE YEARS PRIOR TO THE EFFECTIVE DATE OF  THIS  ARTI-
 CLE.
   3. ANY PERSON LICENSED PURSUANT TO THIS ARTICLE MAY USE ACCEPTED CODES
 AND  CLASSIFICATIONS  OF SIGNS, SYMPTOMS, DYSFUNCTIONS AND DISORDERS, AS
 APPROVED IN ACCORDANCE WITH REGULATIONS  PROMULGATED BY THE  DEPARTMENT,
 IN THE PRACTICE OF SUCH LICENSED PROFESSION.
   4.  NOTHING IN THIS ARTICLE SHALL BE DEEMED TO ALTER, MODIFY OR AFFECT
 THE PROVISIONS OF SECTION THREE THOUSAND TWELVE OR  TWENTY-FIVE  HUNDRED
 TEN  OF  THIS  CHAPTER OR OTHERWISE AFFECT THE CERTIFICATION OF A SCHOOL
 PSYCHOLOGIST.
   § 3. Paragraph a of subdivision 3 of section  6507  of  the  education
 law,  as  amended by chapter 479 of the laws of 2022, is amended to read
 as follows:
   a. Establish standards for preprofessional and professional education,
 experience and licensing examinations as required to implement the arti-
 cle for each profession. Notwithstanding any other provision of law, the
 commissioner shall establish standards requiring that all persons apply-
 ing, on or after January first, nineteen hundred ninety-one,  initially,
 or for the renewal of, a license, registration or limited permit to be a
 physician,  chiropractor, dentist, registered nurse, podiatrist, optome-
 trist, psychiatrist, psychologist, LICENSED  SCHOOL  PSYCHOLOGY  PRACTI-
 TIONER,  licensed master social worker, licensed clinical social worker,
 licensed creative arts therapist, licensed marriage  and  family  thera-
 pist,  licensed  mental health counselor, licensed psychoanalyst, dental
 hygienist, licensed behavior  analyst,  or  certified  behavior  analyst
 assistant  shall,  in addition to all the other licensure, certification
 or permit requirements, have completed two hours of coursework or train-
 ing regarding the  identification  and  reporting  of  child  abuse  and
 maltreatment.  The  coursework  or  training  shall  be obtained from an
 institution or provider which has been approved  by  the  department  to
 provide  such  coursework  or training. The coursework or training shall
 include information regarding the physical and behavioral indicators  of
 child  abuse  and  maltreatment and the statutory reporting requirements
 set out in sections four hundred thirteen through four hundred twenty of
 the social services law, including but not limited to, when  and  how  a
 report  must  be  made,  what  other actions the reporter is mandated or
 authorized to take, the legal protections afforded  reporters,  and  the
 consequences for failing to report. Such coursework or training may also
 include  information regarding the physical and behavioral indicators of
 the abuse of individuals with developmental disabilities  and  voluntary
 reporting  of  abused  or neglected adults to the office for people with
 developmental disabilities or the local adult protective services  unit.
 S. 3036--A                          7
 
 Each  applicant  shall provide the department with documentation showing
 that [he or she] SUCH APPLICANT has completed the required training. The
 department shall provide an exemption from the child abuse and maltreat-
 ment  training  requirements  to  any  applicant  who  requests  such an
 exemption and who shows, to the department's  satisfaction,  that  there
 would  be no need because of the nature of [his or her] SUCH APPLICANT'S
 practice for [him or her] SUCH APPLICANT to complete such training;
   § 4. Paragraph a of subdivision 3 of section  6507  of  the  education
 law,  as  amended by chapter 733 of the laws of 2023, is amended to read
 as follows:
   a. Establish standards for preprofessional and professional education,
 experience and licensing examinations as required to implement the arti-
 cle for each profession. Notwithstanding any other provision of law, the
 commissioner shall establish standards requiring that all persons apply-
 ing, on or after January first, nineteen hundred ninety-one,  initially,
 or for the renewal of, a license, registration or limited permit to be a
 physician,  chiropractor, dentist, registered nurse, podiatrist, optome-
 trist, psychiatrist, psychologist, LICENSED  SCHOOL  PSYCHOLOGY  PRACTI-
 TIONER,  licensed master social worker, licensed clinical social worker,
 licensed creative arts therapist, licensed marriage  and  family  thera-
 pist,  licensed  mental health counselor, licensed psychoanalyst, dental
 hygienist, licensed behavior analyst, certified behavior analyst assist-
 ant, or athletic trainer shall, in addition to all the other  licensure,
 certification  or  permit  requirements,  have  completed  two  hours of
 coursework or training regarding the  identification  and  reporting  of
 child  abuse  and  maltreatment.  The  coursework  or  training shall be
 obtained from an institution or provider which has been approved by  the
 department  to  provide  such  coursework or training. The coursework or
 training shall include information regarding the physical and behavioral
 indicators of child abuse and maltreatment and the  statutory  reporting
 requirements  set  out  in  sections  four hundred thirteen through four
 hundred twenty of the social services law, including but not limited to,
 when and how a report must be made, what other actions the  reporter  is
 mandated  or  authorized  to take, the legal protections afforded repor-
 ters, and the consequences for failing to  report.  Such  coursework  or
 training  may also include information regarding the physical and behav-
 ioral indicators of the abuse of individuals with developmental disabil-
 ities and voluntary reporting of  abused  or  neglected  adults  to  the
 office  for  people  with  developmental disabilities or the local adult
 protective services unit.  Each applicant shall provide  the  department
 with documentation showing that [he or she] SUCH APPLICANT has completed
 the  required  training.  The department shall provide an exemption from
 the child abuse and maltreatment training requirements to any  applicant
 who requests such an exemption and who shows, to the department's satis-
 faction,  that  there  would be no need because of the nature of [his or
 her] SUCH APPLICANT'S practice  for  [him  or  her]  SUCH  APPLICANT  to
 complete such training;
   § 5. Section 7602 of the education law, as added by chapter 987 of the
 laws of 1971, is amended to read as follows:
   § 7602. State  board  for  psychology.    A state board for psychology
 shall be appointed by the board of  regents  on  recommendation  of  the
 commissioner  for  the purpose of assisting the board of regents and the
 department on matters of professional licensing and professional conduct
 in accordance with section sixty-five hundred eight of this title.   The
 board  shall be composed of not less than eleven [psychologists licensed
 in this state] MEMBERS, SEVEN OF WHOM SHALL BE  LICENSED  PSYCHOLOGISTS,
 S. 3036--A                          8
 
 TWO OF WHOM SHALL BE LICENSED SCHOOL PSYCHOLOGY PRACTITIONERS AND TWO OF
 WHOM SHALL BE PUBLIC MEMBERS.  An executive secretary to the board shall
 be  appointed  by  the  board  of regents upon the recommendation of the
 commissioner and shall be a psychologist, licensed in this state.
   §  6.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
 services law, as amended by section 7 of part C of  chapter  57  of  the
 laws of 2018, is amended to read as follows:
   (a)  The  following  persons  and  officials are required to report or
 cause a report to be made in accordance with this title when  they  have
 reasonable  cause  to  suspect  that a child coming before them in their
 professional or official capacity is an abused or maltreated  child,  or
 when  they have reasonable cause to suspect that a child is an abused or
 maltreated child where the parent, guardian, custodian or  other  person
 legally  responsible  for  such child comes before them in their profes-
 sional or official capacity and states from  personal  knowledge  facts,
 conditions or circumstances which, if correct, would render the child an
 abused  or maltreated child: any physician; registered physician assist-
 ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
 osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
 psychologist; LICENSED SCHOOL PSYCHOLOGY PRACTITIONER; registered nurse;
 social worker; emergency  medical  technician;  licensed  creative  arts
 therapist;  licensed  marriage  and  family  therapist;  licensed mental
 health counselor; licensed  psychoanalyst;  licensed  behavior  analyst;
 certified  behavior analyst assistant; hospital personnel engaged in the
 admission, examination,  care  or  treatment  of  persons;  a  Christian
 Science practitioner; school official, which includes but is not limited
 to  school  teacher,  school  guidance  counselor,  school psychologist,
 school social worker, school nurse, school administrator or other school
 personnel required to hold  a  teaching  or  administrative  license  or
 certificate;  full  or part-time compensated school employee required to
 hold a temporary coaching license or professional coaching  certificate;
 social  services worker; employee of a publicly-funded emergency shelter
 for families with children; director of  a  children's  overnight  camp,
 summer  day camp or traveling summer day camp, as such camps are defined
 in section thirteen hundred ninety-two of the  public  health  law;  day
 care  center worker; school-age child care worker; provider of family or
 group family day care; employee  or  volunteer  in  a  residential  care
 facility  for  children  that  is licensed, certified or operated by the
 office of children and family services;  or  any  other  child  care  or
 foster  care worker; mental health professional; substance abuse counse-
 lor; alcoholism counselor; all persons credentialed  by  the  office  of
 [alcoholism  and  substance  abuse]  ADDICTION  services  AND  SUPPORTS;
 employees, who are expected to have regular and substantial contact with
 children, of a  health  home  or  health  home  care  management  agency
 contracting with a health home as designated by the department of health
 and  authorized under section three hundred sixty-five-l of this chapter
 or such employees who provide home and community based services under  a
 demonstration  program pursuant to section eleven hundred fifteen of the
 federal social security  act  who  are  expected  to  have  regular  and
 substantial  contact  with  children;  peace  officer;  police  officer;
 district attorney or assistant district attorney; investigator  employed
 in the office of a district attorney; or other law enforcement official.
   §  7.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
 services law, as amended by chapter 733 of the laws of 2023, is  amended
 to read as follows:
 S. 3036--A                          9
 
   (a)  The  following  persons  and  officials are required to report or
 cause a report to be made in accordance with this title when  they  have
 reasonable  cause  to  suspect  that a child coming before them in their
 professional or official capacity is an abused or maltreated  child,  or
 when  they have reasonable cause to suspect that a child is an abused or
 maltreated child where the parent, guardian, custodian or  other  person
 legally  responsible  for  such child comes before them in their profes-
 sional or official capacity and states from  personal  knowledge  facts,
 conditions or circumstances which, if correct, would render the child an
 abused  or maltreated child: any physician; registered physician assist-
 ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
 osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
 athletic trainer; psychologist; LICENSED SCHOOL PSYCHOLOGY PRACTITIONER;
 registered nurse; social worker; emergency medical technician;  licensed
 creative   arts  therapist;  licensed  marriage  and  family  therapist;
 licensed  mental  health  counselor;  licensed  psychoanalyst;  licensed
 behavior analyst; certified behavior analyst assistant; hospital person-
 nel engaged in the admission, examination, care or treatment of persons;
 a Christian Science practitioner; school official, which includes but is
 not  limited  to  school  teacher,  school  guidance  counselor,  school
 psychologist, school social worker, school nurse,  school  administrator
 or  other school personnel required to hold a teaching or administrative
 license or certificate; full or part-time  compensated  school  employee
 required  to  hold a temporary coaching license or professional coaching
 certificate; social services worker; employee of a publicly-funded emer-
 gency shelter for families with children; director of a children's over-
 night camp, summer day camp or traveling summer day camp, as such  camps
 are  defined in section thirteen hundred ninety-two of the public health
 law; day care center worker; school-age child care worker;  provider  of
 family  or group family day care; employee or volunteer in a residential
 care facility for children that is licensed, certified  or  operated  by
 the  office  of children and family services; or any other child care or
 foster care worker; mental health professional; substance abuse  counse-
 lor;  alcoholism  counselor;  all  persons credentialed by the office of
 alcoholism and substance abuse services; employees, who are expected  to
 have  regular and substantial contact with children, of a health home or
 health home care management agency contracting with  a  health  home  as
 designated  by  the  department  of  health and authorized under section
 three hundred sixty-five-l of this chapter or such employees who provide
 home and community based services under a demonstration program pursuant
 to section eleven hundred fifteen of the federal social security act who
 are expected to have regular  and  substantial  contact  with  children;
 peace  officer;  police officer; district attorney or assistant district
 attorney; investigator employed in the office of a district attorney; or
 other law enforcement official.
   § 8. Subparagraph (i) of paragraph  a  of  subdivision  1  of  section
 6503-a  of  the  education law, as amended by chapter 554 of the laws of
 2013, is amended to read as follows:
   (i) services provided under article  ONE  HUNDRED  FIFTY-THREE-A,  one
 hundred  fifty-four,  one hundred sixty-three or one hundred sixty-seven
 of this title for which licensure would be required, or
   § 9. Severability. If any clause, sentence, paragraph, section or part
 of this act shall be adjudged by any court of competent jurisdiction  to
 be  invalid,  the  judgment  shall not affect, impair, or invalidate the
 remainder thereof, but shall be confined in its operation to the clause,
 S. 3036--A                         10
 
 sentence, paragraph, section or part thereof directly  involved  in  the
 controversy in which the judgment shall have been rendered.
   §  10.  This act shall take effect eighteen months after it shall have
 become a law; provided, however, that:
   (a) sections four and seven of this act shall take effect on the  same
 date  and in the same manner as sections 10 and 12 of chapter 733 of the
 laws of 2023 take effect;
   (b) effective immediately the department of education is authorized to
 promulgate any and all rules and regulations and take any other  measure
 necessary to implement this act on or before its effective date, includ-
 ing, but not limited to, the appointment of the state board for psychol-
 ogy, the acceptance and processing of applications for licensure and the
 issuance of licenses; and
   (c)  the provisions of article 153-A of the education law, as added by
 section two of this act, requiring a license or limited permit to  prac-
 tice  under  such article shall not be enforced until twenty-four months
 after the effective date of this act.