NY State Senate Bill 2023-S5389

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to higher education
Mar 03, 2023	referred to higher education

2023-S5389 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§8410, 7706 & 7605, Ed L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S8366
2025-2026: S5133

2023-S5389 (ACTIVE) - Summary

Requires clinical experience for certain mental health practitioners; allows such practitioners to make assessment-based treatment plans; makes related provisions.

2023-S5389 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5389

SPONSOR: HARCKHAM
 
TITLE OF BILL:

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
such provisions upon expiration thereof

 
PURPOSE:

Relates to the extension of the clinical practice exemption in programs
under the jurisdiction of certain state agencies.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 8410 of the education law to add new subdivi-
sion 11 to ensure that any person employed at a program or service oper-
ated, 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 defined in section 41 of the
mental hygiene law, section 61 of the social services law are not
prohibited or limited in their activities or services. Additionally,
this subdivision shall not authorize the use of any license authorized
pursuant to this article.

Section 2 amends section 7706 of the education law to add new subdivi-
sion 9 to ensure that any person employed at a program or service oper-
ated, 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 defined in section 41 of the
mental hygiene law, section 61 of the social services law are not
prohibited or limited in their activities or services. Additionally,
this subdivision shall not authorize the use of any license authorized
pursuant to this article.

Section 3 amends section 7605 of the education law by adding subdivision
14 to provide that 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
department of corrections and community supervision, the state office
for the aging, the department of health or a local governmental unit as
defined in section 41 of the mental hygiene law, section 61 of the
social services law.

Section 4 states the effective date.

 
JUSTIFICATION:

For 20 years, New York State has provided an exemption to the scope of
practice for certain practitioners licensed under Article 163 of the
Education Law. This exemption affected Licensed Mental Health Counse-
lors, Licensed Marriage and Family Therapists, Licensed Psychoanalysts,
and Licensed Creative Arts Therapists; allowing these licensees who are
employed in programs and services regulated, operated, funded, or
approved by OCFS, OPWDD, OASAS, and OM H to provide mental health and
diagnostic services. After it sunsets, those who were previously able to
provide mental health and diagnostic services under this exemption were
grandfathered in.

Given the current workforce crisis, this bill seeks to allow licensed
incoming Licensed Mental Health Counselors, Licensed Marriage and Family
Therapists, Licensed Psychoanalysts, and Licensed Creative Arts Thera-
pists practitioners the same ability to practice under the original
exemption.

 
LEGISLATIVE HISTORY:

2021-2022: S8366/A9936 - Died in Higher Education

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:

2023-S5389 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5389
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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 education requirements
   and authorization to  develop  assessment-based  treatment  plans  for
   certain  mental  health practitioners; and providing for the repeal of
   such 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  8410 of the education law is amended by adding a
 new subdivision 12 to read as follows:
   12. 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.
   § 2. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08659-01-3

 S. 5389                             2
 
 AUTHORIZE  THE  USE  OF  ANY  LICENSE AUTHORIZED PURSUANT TO ARTICLE ONE
 HUNDRED SIXTY-THREE OF THIS TITLE.
   §  3.  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.
   § 4. This act shall take effect June 24, 2023 and shall expire January
 1, 2026 when upon such date the provisions of this act 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.

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Senate Bill S5389

Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

2023-S5389 (ACTIVE) - Details

2023-S5389 (ACTIVE) - Summary

2023-S5389 (ACTIVE) - Sponsor Memo

2023-S5389 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5389

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Sponsored By

Pete Harckham

Archive: Last Bill Status - In Senate Committee Higher Education Committee

2023-S5389 (ACTIVE) - Details

2023-S5389 (ACTIVE) - Summary

2023-S5389 (ACTIVE) - Sponsor Memo

2023-S5389 (ACTIVE) - Bill Text download pdf

Comments