BILL NUMBER: S7622

SPONSOR: BROUK
 
TITLE OF BILL:

An act to amend chapter 230 of the laws of 2022, amending the education
law relating to diagnostic privilege, in relation to extending the
effectiveness of certain provisions thereof

 
PURPOSE:

Extends certain provisions authorizing certain mental health practition-
ers to engage in diagnosis and the development of assessment-based
treatment plans.

 
SUMMARY OF PROVISIONS:

Section 1. Extends the certain provisions authorizing certain mental
health practitioners to engage in diagnosis and the development of
assessment-based treatment plans.

Section 2. Provides for the effective date.
              

 
JUSTIFICATION:

There are critical workforce shortages in the mental health professions
across New York State. There is a need to ensure that programs and
services providing addiction and mental health services to children,
adults and communities have the appropriate staff to provide comprehen-
sive services, including diagnosis. Licensed mental health counselors
(LMHC), marriage and family therapists (LMFT), and psychoanalysts (LP)
currently do not have the authority to diagnose.  To increase the number
of licensed mental health professionals authorized to diagnose, this
bill would establish requirements for these professionals to obtain a
diagnostic privilege.

The requirements for the diagnostic privilege, intended to align with
the requirements of a licensed clinical social worker, include:

*filing an application with SED;

*being licensed and registered in the state as a LMHC, LMFT, or LP;

*verifying the completion of a 60-semester hour master's degree or high-
er, including 12 semester hours (or the equivalent) of clinical courses;
and

*having completed at least 2,000 hours of supervised, direct client
contact hours, unless the applicant can attest to having certain accept-
able experience.

In addition, this bill would allow, LMHCs, LMFTs and LPs currently work-
ing in certain settings, as defined by SED in regulations, provided that
such settings shall not include a private practice owned or operated by
the applicant, to continue to diagnose through June 24, 2025. At such
time, individuals will need to obtain a privilege from SED in order to
diagnose. This provision ensures that our community substance abuse and
mental health providers have adequate workforce to meet the current
demand for care.
 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATI74S:

To be determined.

 
EFFECTIVE DATE:
Immediately.