§ 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 department. 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,
psychotherapy 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
psychoanalyst 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
department 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
registration, 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.