§ 8410. 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
medicine 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 practice psychology within this state pursuant to article
one hundred fifty-three of this title or by any person licensed or
otherwise authorized to practice social work within this state pursuant
to article one hundred fifty-four of this title, or by any person
licensed or otherwise authorized to practice nursing as a registered
professional nurse or nurse practitioner within this state pursuant to
article one hundred thirty-nine of this title or by any person licensed
or otherwise authorized to practice applied behavior analysis within the
state pursuant to article one hundred sixty-seven of this title;
provided, however, that no physician, physician's assistant, registered
professional nurse, nurse practitioner, psychologist, licensed master
social worker, licensed clinical social worker, licensed behavior
analyst or certified behavior analyst assistant may use the titles
"licensed mental health counselor", "licensed marriage and family
therapist", "licensed creative arts therapist", or "licensed
psychoanalyst", unless licensed under this article.

2. Prohibit or limit any individual who is credentialed under any law,
including attorneys, rape crisis counselors, certified alcoholism
counselors 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 part of, a
supervised educational program in an institution approved by the
department.

4. Prohibit or limit the provision of pastoral counseling services by
any member of the clergy or Christian Science practitioner, within the
context of his or her ministerial charge or obligation.

5. Prohibit or limit individuals, churches, schools, teachers,
organizations, 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. Prohibit the practice of mental health counseling, marriage and
family therapy, creative arts therapy or psychoanalysis, to the extent
permissible within the scope of practice of such professions, by any
not-for-profit corporation or education corporation providing services
within the state of New York and operating under a waiver pursuant to
section sixty-five hundred three-a of this title, provided that such
entities offering mental health counseling, marriage and family therapy,
creative arts therapy or psychoanalysis services shall only provide such
services through an individual appropriately licensed or otherwise
authorized to provide such services or a professional entity authorized
by law to provide such services.

8. (a) Prevent a person without a license from: performing assessments
including but not limited to basic information collection, gathering of
demographic data, and informal observations, screening and referral used
for general eligibility for a program or service and determining the
functional status of an individual for the purpose of determining need
for services; advising individuals regarding the appropriateness of
benefits they are eligible for; providing general advice and guidance
and assisting individuals or groups with difficult day to day problems
such as finding employment, locating sources of assistance, and
organizing community groups to work on a specific problem; providing
peer services; selecting for suitability and providing substance abuse
treatment services or group re-entry services to incarcerated
individuals in state correctional facilities; or providing substance
abuse treatment services or re-entry services to incarcerated
individuals in local correctional facilities.

(b) Prevent a person without a license from creating, developing or
implementing a service plan or recovery plan that is not a behavioral
health diagnosis or treatment plan. Such service or recovery plans shall
include, but are not limited to, coordinating, evaluating or determining
the need for, or the provision of the following services: job training
and employability; housing; homeless services and shelters for homeless
individuals and families; refugee services; residential, day or
community habilitation services; general public assistance; in home
services and supports or home-delivered meals; recovery supports; adult
or child protective services including investigations; detention as
defined in section five hundred two of the executive law; prevention and
residential services for victims of domestic violence; services for
runaway and homeless youth; foster care, adoption, preventive services
or services in accordance with an approved plan pursuant to section four
hundred four of the social services law, including, adoption and foster
home studies and assessments, family service plans, transition plans,
permanency planning activities, and case planning or case management as
such terms are defined in the regulations of the office of children and
family services; residential rehabilitation; home and community based
services; and de-escalation techniques, peer services or skill
development.

(c)(i) Prevent a person without a license from participating as a
member of a multi-disciplinary team to assist in the development of or
implementation of a behavioral health services or treatment plan;
provided that such team shall include one or more professionals licensed
under this article or articles one hundred thirty-one, one hundred
thirty-nine, one hundred fifty-three or one hundred fifty-four of this
chapter; and provided, further, that the activities performed by members
of the team shall be consistent with the scope of practice for each team
member licensed or authorized under title VIII of this chapter, and
those who are not so authorized may not engage in the following
restricted practices: the diagnosis of mental, emotional, behavioral,
addictive and developmental disorders and disabilities; patient
assessment and evaluating; the provision of psychotherapeutic treatment;
the provision of treatment other than psychotherapeutic treatment; or
independently developing and implementing assessment-based treatment
plans as defined in section seventy-seven hundred one of this chapter.

(ii) For the purposes of this paragraph, "assist" shall include, but
not be limited to, the provision or performance of the following tasks,
services, or functions by an individual who has obtained the training
and experience required by the applicable state oversight agency to
perform such task, service or function in facilities or programs
operating pursuant to article nineteen-G of the executive law; articles
seven, sixteen, thirty-one or thirty-two of the mental hygiene law; or
title three of article seven of the social services law:

(1) helping an individual with the completion of forms or
questionnaires;

(2) reviewing existing case records and collecting background
information about an individual which may be used by the licensed
professional or multi-disciplinary team;

(3) gathering and reporting information about previous behavioral
health interventions, hospitalizations, documented diagnosis, or prior
treatment for review by the licensed professional and multi-disciplinary
team;

(4) discussing with the individual his or her situation, needs,
concerns, and thoughts in order to help identify services that support
the individual's goals, independence, and quality of life;

(5) providing advice, information, and assistance to individuals and
family members to identify needs and available resources in the
community to help meet the needs of the individual or family member;

(6) engaging in immediate and long-term problem solving, engaging in
the development of social skills, or providing general help in areas
including, but not limited to, housing, employment, child care,
parenting, community based services, and finances;

(7) distributing paper copies of self-administered tests for the
individual to complete when such tests do not require the observation
and judgment of a licensed professional;

(8) monitoring treatment by the collection of written and/or
observational data in accordance with the treatment plan and providing
verbal or written reports to the multi-disciplinary team;

(9) identifying gaps in services and coordinating access to or
arranging services for individuals such as home care, community based
services, housing, employment, transportation, child care, vocational
training, or health care;

(10) offering education programs that provide information about
disease identification and recommended treatments that may be provided,
and how to access such treatment;

(11) reporting on behavior, actions, and responses to treatment by
collecting written and/or observational data as part of a
multi-disciplinary team;

(12) using de-escalation techniques consistent with appropriate
training;

(13) performing assessments using standardized, structured interview
tools or instruments;

(14) directly delivering services outlined in the service plan that
are not clinical in nature but have been tailored to an individual based
on any diagnoses such individual may have received from a licensed
professional; and

(15) advocating with educational, judicial or other systems to protect
an individual's rights and access to appropriate services.

(d) Provided, further, that nothing in this subdivision shall be
construed as requiring a license for any particular activity or function
based solely on the fact that the activity or function is not listed in
this subdivision.

9. Notwithstanding any other provision of law to the contrary, nothing
in this article shall be construed to prohibit or limit the activities
or services provided under this article by any person who is employed or
who commences employment in a program or service operated, regulated,
funded, or approved by the department of mental hygiene, the office of
children and family services, the department of corrections and
community supervision, the office of temporary and disability
assistance, the state office for the aging and the department of health
or a local governmental unit as that term is defined in section 41.03 of
the mental hygiene law or a social services district as defined in
section sixty-one of the social services law on or before two years from
the date that the regulations issued in accordance with section six of
part Y of chapter fifty-seven of the laws of two thousand eighteen
appear in the state register or are adopted, whichever is later. Such
prohibitions or limitations shall not apply to such employees for as
long as they remain employed by such programs or services and whether
they remain employed by the same or other employers providing such
programs or services. Provided however, that any person who commences
employment in such program or service after such date and performs
services that are restricted under this article shall be appropriately
licensed or authorized under this article. Each state oversight agency
shall create and maintain a process to verify employment history of
individuals exempt under this subdivision.

10. The activities or services provided by a person with a master's
level degree required for licensure pursuant to this article, working
under the supervision of a professional licensed pursuant to article one
hundred fifty-three, one hundred fifty-four or this article in a program
or service operated, regulated, funded, or approved by the department of
mental hygiene, the office of children and family services, the
department of corrections and community supervision, the office of
temporary and disability assistance, the state office for the aging and
the department of health or a local government unit as that term is
defined in section 41.03 of the mental hygiene law or a social services
district as defined in section sixty-one of the social services law.

* 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.

* NB Repealed June 24, 2025