Bill Text: NY A02033 | 2023-2024 | General Assembly | Amended


Bill Title: Provides for the licensure of school psychology practitioners; authorizes the use of the title "licensed school psychology practitioner" to licensed or exempt individuals; defines practice of licensed school psychology practitioners; sets forth requirements for professional licensure (including educational attainment, experience, exam and fee); provides for issuance of limited permits under specified circumstances; identifies exempt persons.

Spectrum: Moderate Partisan Bill (Democrat 36-5)

Status: (Introduced) 2024-05-17 - print number 2033a [A02033 Detail]

Download: New_York-2023-A02033-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         2033--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 23, 2023
                                       ___________

        Introduced  by  M.  of  A.  L. ROSENTHAL, OTIS, STIRPE, BENEDETTO, FAHY,
          ZEBROWSKI, DICKENS, PAULIN, HEVESI,  CRUZ,  REYES,  GALLAGHER,  JONES,
          KELLES,  LUPARDO,  MIKULIN, WALSH, BURGOS, ZINERMAN, AUBRY, SEAWRIGHT,
          DINOWITZ, SAYEGH, BICHOTTE HERMELYN, GUNTHER, CLARK,  SMITH,  FORREST,
          JACKSON,  HYNDMAN,  CARROLL,  SILLITTI,  CUNNINGHAM,  SHIMSKY,  SIMON,
          WALLACE, SLATER -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, EPSTEIN,
          McDONOUGH -- read once and referred to the Committee on Higher  Educa-
          tion -- recommitted to the Committee on Higher Education in accordance
          with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee

        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:

     1    Section 1. Legislative intent and findings.    The  legislature  finds
     2  that  the  ever-growing social and emotional needs of children and youth
     3  have only been intensified by the COVID-19 pandemic.    The  legislature
     4  acknowledges that the U.S. Surgeon General has declared a national emer-
     5  gency  in  relation  to  children's  mental health, and that parents and
     6  professionals are calling for greater access to mental  health  services
     7  for  children.  The legislature therefore intends to ensure services are
     8  available for children, youth, and their parents to seek the  help  they
     9  need  by  allowing school psychology professionals to assist these indi-
    10  viduals outside of a traditional setting.  The  legislature  finds  that
    11  increasing  the  number of trained professionals who are able to provide
    12  mental health services outside of an educational setting will  be  posi-
    13  tive  for  the children, parents, school, and society. School psychology
    14  professionals are trained and educated in psychopathology, the  psychol-
    15  ogy  of  learning,  motivation and human development in order to address
    16  the many factors  influencing  their  adjustment  in  school  and  life.
    17  Accordingly,  these  factors  may  include  trauma, social and emotional

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05604-03-4

        A. 2033--A                          2

     1  adjustment, inequitable and historically marginalized  community  condi-
     2  tions,  school  climate,  and  home/school/community  collaboration. The
     3  legislature therefore declares that by addressing the needs of  children
     4  through  prevention  services,  assessments  and/or  counseling,  school
     5  psychology professionals can contribute to their future success.  It  is
     6  important  that  school  psychology  professionals  are held to specific
     7  standards and requirements that will ensure competent services.
     8    § 2. The education law is amended by adding a  new  article  153-A  to
     9  read as follows:
    10                                ARTICLE 153-A
    11                   LICENSED SCHOOL PSYCHOLOGY PRACTITIONER
    12  Section 7620. Introduction.
    13          7621. Practice  of  licensed  school psychology practitioner and
    14                  use of the title "licensed school psychology practition-
    15                  er".
    16          7622. Definition of the practice of a licensed school psychology
    17                  practitioner.
    18          7623. Requirements for a professional license.
    19          7624. Boundaries of professional competency.
    20          7625. Limited permits.
    21          7626. Exemptions.
    22          7627. Special provisions.
    23    § 7620. Introduction. This article applies to the profession and prac-
    24  tice of a licensed school psychology practitioner and to the use of  the
    25  title "licensed school psychology practitioner".  The general provisions
    26  for  all  professions  contained  in  article one hundred thirty of this
    27  title apply to this article.
    28    § 7621. Practice of licensed school psychology practitioner and use of
    29  the title "licensed school psychology  practitioner".    Only  a  person
    30  licensed  or  exempt  under  this  article  shall practice as a licensed
    31  school  psychology  practitioner  or  use  the  title  "licensed  school
    32  psychology practitioner".
    33    §  7622.  Definition  of  the practice of a licensed school psychology
    34  practitioner. The practice of a licensed school psychology  practitioner
    35  is:
    36    1.  the  assessment,  including  psycho-educational, developmental and
    37  vocational assessment, evaluation and  interpretation  of  intelligence,
    38  cognitive processes, aptitudes, interests, academic achievement, adjust-
    39  ment,  personality  factors and motivations, or any other attributes, to
    40  individuals or groups of individuals aged birth to twenty-two years that
    41  relate to learning, education or adjustment needs;
    42    2.  the  development  and  implementation   of   educationally-related
    43  psychotherapeutic  and  behavioral approaches to increase school adjust-
    44  ment and academic  success,  counseling  and  interpretive  services  to
    45  reduce  education-related problems including, but not limited to, verbal
    46  interaction, interviewing, behavior techniques, developmental and  voca-
    47  tional intervention, environmental management and group processes;
    48    3.  consultation  with representatives of schools, agencies and organ-
    49  izations, families or individuals, including psycho-educational,  devel-
    50  opmental  and  vocational    assistance  or direct educational services,
    51  related to learning problems and adjustments to those  problems  to  the
    52  benefit  of  an individual or group of individuals aged birth to twenty-
    53  two years; and
    54    4. the development of programming, including  designing,  implementing
    55  or  evaluating educationally and psychologically sound learning environ-

        A. 2033--A                          3

     1  ments and the facilitation of psycho-educational development of individ-
     2  uals, families or groups.
     3    §  7623.    Requirements  for a professional license. To qualify for a
     4  license as a licensed school psychology practitioner, an applicant shall
     5  fulfill the following requirements:
     6    1. Application: File an application with the department;
     7    2. Education: Complete a minimum of sixty graduate semester  hours  in
     8  psychology  credits including a master's degree and fulfill the require-
     9  ments of an advanced degree in school psychology or  its  equivalent  or
    10  doctoral  degree  in  school psychology from a program registered by the
    11  department, or determined by the department to be the substantial equiv-
    12  alent in accordance with the commissioner's regulations.   The  graduate
    13  coursework shall reflect the training and credentialing standards estab-
    14  lished  by  a  national certifying body having school psychology certif-
    15  ication  or  regional  standards  acceptable  to  the  commissioner  and
    16  include, but not be limited to, the following areas:
    17    (i) biological, social and cultural bases of development;
    18    (ii) psychopathology and exceptionality in learning and behavior;
    19    (iii)  assessment  and  appraisal  of  learners  in  home  and  school
    20  contexts;
    21    (iv) consultation and collaboration in family,  school  and  community
    22  systems;
    23    (v)  effective  instruction  and development of cognitive and academic
    24  skills;
    25    (vi) prevention and treatment of behavioral  and  emotional  disorders
    26  and deficits;
    27    (vii) school organization, curriculum, policy and law;
    28    (viii) research and program evaluation;
    29    (ix) professional and ethical practice of psychology in schools; and
    30    (x)  completion  of  a  twelve  hundred  hour supervised internship in
    31  school psychology, with no less than six hundred hours completed  within
    32  a  school  setting  or  such  other  setting  otherwise  governed by the
    33  provisions of section sixty-five hundred three-a or  sixty-five  hundred
    34  three-b of this title relating to waivers for entities providing profes-
    35  sional services.
    36    3.  Experience:  Complete a minimum of two thousand four hundred hours
    37  of post-master's supervised  experience  relevant  to  the  practice  of
    38  school  psychology  satisfactory to the board and in accordance with the
    39  commissioner's regulations, such supervised experience which may include
    40  one thousand two hundred hours completed as part of a program in  school
    41  psychology.  Satisfactory  experience  obtained  in  an entity operating
    42  under a waiver issued by the department pursuant to  section  sixty-five
    43  hundred  three-a  of  this  title  may  be  accepted  by the department,
    44  notwithstanding that such experience may have been obtained prior to the
    45  effective date of such section sixty-five hundred three-a  and/or  prior
    46  to  the  entity  having  obtained a waiver. The department may, for good
    47  cause shown, accept satisfactory  experience  that  was  obtained  in  a
    48  setting  that  would  have  been eligible for a waiver but which has not
    49  obtained a waiver from the department or experience that was obtained in
    50  good faith by the applicant under the belief that  appropriate  authori-
    51  zation  had been obtained for the experience, provided that such experi-
    52  ence meets all other requirements for acceptable experience;
    53    4. Examination: Pass an examination satisfactory to the board  and  in
    54  accordance with the commissioner's regulations;
    55    5. Age: Be at least twenty-one years of age;

        A. 2033--A                          4

     1    6.  Character: Be of good moral character as determined by the depart-
     2  ment; and
     3    7.  Fees: Pay a fee of one hundred seventy-five dollars to the depart-
     4  ment for admission to a department  conducted  examination  and  for  an
     5  initial license and a fee of one hundred seventy dollars for each trien-
     6  nial registration period.
     7    §  7624. Boundaries of professional competency. 1.  It shall be deemed
     8  practicing outside the boundaries of a person's professional  competence
     9  for a person licensed pursuant to this article, in the case of treatment
    10  of  any  serious  mental illness, to provide  any mental health services
    11  for such illness on a continuous and sustained basis without a   medical
    12  evaluation of the illness by, and consultation with, a physician regard-
    13  ing such  illness.  Such medical evaluation and consultation shall be to
    14  determine  and  advise  whether  any  medical care is indicated for such
    15  illness. For purposes of this section,  "serious mental  illness"  means
    16  schizophrenia,   schizoaffective  disorder,  bipolar  disorder,    major
    17  depressive disorder, panic disorder and  obsessive-compulsive  disorder.
    18  Nothing  in  this section shall be construed to prevent, limit or impair
    19  consultation with any other health or mental health professional.  Noth-
    20  ing herein contained shall limit, modify, restrict or  otherwise  affect
    21  the  definition  of the practice of a licensed school psychology practi-
    22  tioner as provided in section seventy-six  hundred  twenty-two  of  this
    23  article.
    24    2.  Any individual whose license or authority to practice derives from
    25  the provisions of this article shall be prohibited from:
    26    (a) prescribing or administering drugs as defined in this chapter as a
    27  treatment, therapy, or professional service  in  the  practice  of  such
    28  individual's profession;
    29    (b) using invasive procedures as a treatment, therapy, or professional
    30  service in the practice of such individual's profession. For purposes of
    31  this  subdivision,  "invasive  procedure"  means  any procedure in which
    32  human tissue is cut, altered, or otherwise infiltrated by mechanical  or
    33  other  means.    Invasive  procedure  includes surgery, lasers, ionizing
    34  radiation, therapeutic ultrasound, or electroconvulsive therapy; or
    35    (c) engaging in  dual  setting  practice,  or  otherwise  offering  or
    36  providing  private practice services to a student of a school or special
    37  education program where the practitioner is currently employed or  under
    38  contract with such school or program.
    39    3.  Nothing  in  this  article  shall be deemed to authorize, grant or
    40  extend hospital privileges to individuals licensed under this article.
    41    § 7625. Limited permits.  1. The department may issue a limited permit
    42  to an applicant whose qualifications have been approved for admission to
    43  the examination in accordance with regulations promulgated therefor.
    44    2. Limited permits shall be for two  years  and  be  renewed,  at  the
    45  discretion of the department, for one additional year.
    46    3.  The  fee  for  each  limited  permit and for each renewal shall be
    47  seventy dollars.
    48    § 7626.  Exemptions.  Nothing  contained  in  this  article  shall  be
    49  construed to:
    50    1.  apply to the practice, conduct, activities, services or use of any
    51  title by any person licensed or otherwise authorized to  practice  medi-
    52  cine within the state pursuant to article one hundred thirty-one of this
    53  title  or  by  any  person registered to perform services as a physician
    54  assistant within the state pursuant to article one hundred  thirty-one-B
    55  of this title or by any person licensed or otherwise authorized to prac-
    56  tice  psychology  within  this  state  pursuant  to  article one hundred

        A. 2033--A                          5

     1  fifty-three of this title or by any person licensed or otherwise author-
     2  ized to practice as a licensed clinical social worker within this  state
     3  pursuant  to  article  one  hundred  fifty-four of this title, or by any
     4  person  licensed or otherwise authorized to practice nursing as a regis-
     5  tered professional nurse within this state  pursuant    to  article  one
     6  hundred  thirty-nine  of this title, or by any person licensed or other-
     7  wise authorized to practice mental health counseling, marriage and fami-
     8  ly therapy, creative  arts therapy, or psychoanalysis within the  state,
     9  or  by  any  person licensed or otherwise authorized to practice applied
    10  behavior analysis within the state pursuant to this  article;  provided,
    11  however,  that  no  physician, physician's assistant, registered profes-
    12  sional nurse, psychologist, licensed clinical  social  worker,  licensed
    13  mental   health  counselor,  licensed  marriage  and  family  therapist,
    14  licensed creative arts therapist,  licensed  psychoanalyst  or  licensed
    15  applied  behavior  analyst  may use the title unless licensed under this
    16  article;
    17    2. prohibit or limit any individual who is credentialed under any law,
    18  including attorneys, rape crisis counselors, certified alcoholism  coun-
    19  selors  and  certified  substance abuse counselors from providing mental
    20  health services within their respective established authorities;
    21    3. prohibit or limit the  practice of a profession  licensed  pursuant
    22  to this article by a student, intern or resident in, and as a part of, a
    23  supervised educational program in an institution approved by the depart-
    24  ment;
    25    4.  prohibit or limit the provision of pastoral counseling services by
    26  any member of the clergy or Christian Science practitioner,  within  the
    27  context of such member of the clergy or Christian Science practitioner's
    28  ministerial  charge or obligation;
    29    5.  prohibit or limit individuals, churches, schools, teachers, organ-
    30  izations, or  not-for-profit  businesses,  from  providing  instruction,
    31  advice, support, encouragement, or information to individuals, families,
    32  and relational groups;
    33    6.  prohibit  or  limit an occupational therapist from performing work
    34  consistent with article one hundred fifty-six of this title;
    35    7. affect or prevent the activities or  services  on  the  part  of  a
    36  person  in  the employ of a federal, state, county, or municipal agency,
    37  other political subdivision, or  a  chartered  elementary  or  secondary
    38  school or degree-granting educational institution insofar as such activ-
    39  ities  and  services  are a part of the duties of such person's salaried
    40  position; or
    41    8. impair or affect the conduct, activities or services of  a  techni-
    42  cian  to  administer  and  score standardized objective (non-projective)
    43  psychological or neuropsychological tests which have specific  predeter-
    44  mined  and  manualized  administrative procedures which entail observing
    45  and describing test behavior  and  test  responses,  and  which  do  not
    46  require  evaluation,  interpretation  or  other judgments as provided in
    47  subdivision eleven of section seventy-six hundred five of this title.
    48    § 7627. Special provisions. 1. Any  nonexempt  person  practicing  the
    49  profession  of licensed school psychology practitioner shall apply for a
    50  license of such profession within one year of the effective date of this
    51  section.
    52    (a) If such person does not meet the requirements for a license estab-
    53  lished within this article, such person may  meet  alternative  criteria
    54  determined  by  the  department to be the substantial equivalent of such
    55  criteria.

        A. 2033--A                          6

     1    (b) If such person meets the requirements for  a  license  established
     2  within  this  article, except for examination, and has been certified or
     3  registered by a national certifying or registering body  having  certif-
     4  ication  or  registration standards acceptable to  the commissioner, the
     5  department shall license without examination.
     6    2.  Notwithstanding  the  requirements  of section seventy-six hundred
     7  twenty-three of this article, and for a period of time not to exceed two
     8  years from the effective date of this  article,  an  individual  may  be
     9  licensed  as  a  school psychology practitioner provided such person has
    10  either:
    11    (a) met the educational requirements as defined in section seventy-six
    12  hundred twenty-three of this article  and  performed  the  duties  of  a
    13  school  psychologist as authorized by article one hundred fifty-three of
    14  this title or any other provision of law, for two of the past five years
    15  prior to the effective date of this article; or
    16    (b) performed the duties of a school  psychologist  as  authorized  by
    17  article  one hundred fifty-three of this title or any other provision of
    18  law, for at least five years prior to the effective date of  this  arti-
    19  cle.
    20    3. Any person licensed pursuant to this article may use accepted codes
    21  and  classifications  of signs, symptoms, dysfunctions and disorders, as
    22  approved in accordance with regulations  promulgated by the  department,
    23  in the practice of such licensed profession.
    24    4.  Nothing in this article shall be deemed to alter, modify or affect
    25  the provisions of section three thousand twelve or  twenty-five  hundred
    26  ten  of  this  chapter or otherwise affect the certification of a school
    27  psychologist.
    28    § 3. Paragraph a of subdivision 3 of section  6507  of  the  education
    29  law,  as  amended by chapter 479 of the laws of 2022, is amended to read
    30  as follows:
    31    a. Establish standards for preprofessional and professional education,
    32  experience and licensing examinations as required to implement the arti-
    33  cle for each profession. Notwithstanding any other provision of law, the
    34  commissioner shall establish standards requiring that all persons apply-
    35  ing, on or after January first, nineteen hundred ninety-one,  initially,
    36  or for the renewal of, a license, registration or limited permit to be a
    37  physician,  chiropractor, dentist, registered nurse, podiatrist, optome-
    38  trist, psychiatrist, psychologist, licensed  school  psychology  practi-
    39  tioner,  licensed master social worker, licensed clinical social worker,
    40  licensed creative arts therapist, licensed marriage  and  family  thera-
    41  pist,  licensed  mental health counselor, licensed psychoanalyst, dental
    42  hygienist, licensed behavior  analyst,  or  certified  behavior  analyst
    43  assistant  shall,  in addition to all the other licensure, certification
    44  or permit requirements, have completed two hours of coursework or train-
    45  ing regarding the  identification  and  reporting  of  child  abuse  and
    46  maltreatment.  The  coursework  or  training  shall  be obtained from an
    47  institution or provider which has been approved  by  the  department  to
    48  provide  such  coursework  or training. The coursework or training shall
    49  include information regarding the physical and behavioral indicators  of
    50  child  abuse  and  maltreatment and the statutory reporting requirements
    51  set out in sections four hundred thirteen through four hundred twenty of
    52  the social services law, including but not limited to, when  and  how  a
    53  report  must  be  made,  what  other actions the reporter is mandated or
    54  authorized to take, the legal protections afforded  reporters,  and  the
    55  consequences for failing to report. Such coursework or training may also
    56  include  information regarding the physical and behavioral indicators of

        A. 2033--A                          7

     1  the abuse of individuals with developmental disabilities  and  voluntary
     2  reporting  of  abused  or neglected adults to the office for people with
     3  developmental disabilities or the local adult protective services  unit.
     4  Each  applicant  shall provide the department with documentation showing
     5  that [he or she] such applicant has completed the required training. The
     6  department shall provide an exemption from the child abuse and maltreat-
     7  ment training  requirements  to  any  applicant  who  requests  such  an
     8  exemption  and  who  shows, to the department's satisfaction, that there
     9  would be no need because of the nature of [his or her] such  applicant's
    10  practice for [him or her] such applicant to complete such training;
    11    §  4.  Paragraph  a  of subdivision 3 of section 6507 of the education
    12  law, as amended by chapter 733 of the laws of 2023, is amended  to  read
    13  as follows:
    14    a. Establish standards for preprofessional and professional education,
    15  experience and licensing examinations as required to implement the arti-
    16  cle for each profession. Notwithstanding any other provision of law, the
    17  commissioner shall establish standards requiring that all persons apply-
    18  ing,  on or after January first, nineteen hundred ninety-one, initially,
    19  or for the renewal of, a license, registration or limited permit to be a
    20  physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
    21  trist,  psychiatrist,  psychologist,  licensed school psychology practi-
    22  tioner, licensed master social worker, licensed clinical social  worker,
    23  licensed  creative  arts  therapist, licensed marriage and family thera-
    24  pist, licensed mental health counselor, licensed  psychoanalyst,  dental
    25  hygienist, licensed behavior analyst, certified behavior analyst assist-
    26  ant,  or athletic trainer shall, in addition to all the other licensure,
    27  certification or  permit  requirements,  have  completed  two  hours  of
    28  coursework  or  training  regarding  the identification and reporting of
    29  child abuse and  maltreatment.  The  coursework  or  training  shall  be
    30  obtained  from an institution or provider which has been approved by the
    31  department to provide such coursework or  training.  The  coursework  or
    32  training shall include information regarding the physical and behavioral
    33  indicators  of  child abuse and maltreatment and the statutory reporting
    34  requirements set out in sections  four  hundred  thirteen  through  four
    35  hundred twenty of the social services law, including but not limited to,
    36  when  and  how a report must be made, what other actions the reporter is
    37  mandated or authorized to take, the legal  protections  afforded  repor-
    38  ters,  and  the  consequences  for failing to report. Such coursework or
    39  training may also include information regarding the physical and  behav-
    40  ioral indicators of the abuse of individuals with developmental disabil-
    41  ities  and  voluntary  reporting  of  abused  or neglected adults to the
    42  office for people with developmental disabilities  or  the  local  adult
    43  protective  services unit.   Each applicant shall provide the department
    44  with documentation showing that [he or she] such applicant has completed
    45  the required training. The department shall provide  an  exemption  from
    46  the  child abuse and maltreatment training requirements to any applicant
    47  who requests such an exemption and who shows, to the department's satis-
    48  faction, that there would be no need because of the nature  of  [his  or
    49  her]  such  applicant's  practice  for  [him  or  her] such applicant to
    50  complete such training;
    51    § 5. Section 7602 of the education law, as added by chapter 987 of the
    52  laws of 1971, is amended to read as follows:
    53    § 7602. State board for psychology.   A  state  board  for  psychology
    54  shall  be  appointed  by  the  board of regents on recommendation of the
    55  commissioner for the purpose of assisting the board of regents  and  the
    56  department on matters of professional licensing and professional conduct

        A. 2033--A                          8

     1  in  accordance with section sixty-five hundred eight of this title.  The
     2  board shall be composed of not less than eleven [psychologists  licensed
     3  in  this  state] members, seven of whom shall be licensed psychologists,
     4  two of whom shall be licensed school psychology practitioners and two of
     5  whom shall be public members.  An executive secretary to the board shall
     6  be  appointed  by  the  board  of regents upon the recommendation of the
     7  commissioner and shall be a psychologist, licensed in this state.
     8    § 6. Paragraph (a) of subdivision 1  of  section  413  of  the  social
     9  services  law,  as  amended  by section 7 of part C of chapter 57 of the
    10  laws of 2018, is amended to read as follows:
    11    (a) The following persons and officials  are  required  to  report  or
    12  cause  a  report to be made in accordance with this title when they have
    13  reasonable cause to suspect that a child coming  before  them  in  their
    14  professional  or  official capacity is an abused or maltreated child, or
    15  when they have reasonable cause to suspect that a child is an abused  or
    16  maltreated  child  where the parent, guardian, custodian or other person
    17  legally responsible for such child comes before them  in  their  profes-
    18  sional  or  official  capacity and states from personal knowledge facts,
    19  conditions or circumstances which, if correct, would render the child an
    20  abused or maltreated child: any physician; registered physician  assist-
    21  ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
    22  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
    23  psychologist; licensed school psychology practitioner; registered nurse;
    24  social  worker;  emergency  medical  technician;  licensed creative arts
    25  therapist; licensed  marriage  and  family  therapist;  licensed  mental
    26  health  counselor;  licensed  psychoanalyst;  licensed behavior analyst;
    27  certified behavior analyst assistant; hospital personnel engaged in  the
    28  admission,  examination,  care  or  treatment  of  persons;  a Christian
    29  Science practitioner; school official, which includes but is not limited
    30  to school  teacher,  school  guidance  counselor,  school  psychologist,
    31  school social worker, school nurse, school administrator or other school
    32  personnel  required  to  hold  a  teaching  or administrative license or
    33  certificate; full or part-time compensated school employee  required  to
    34  hold  a temporary coaching license or professional coaching certificate;
    35  social services worker; employee of a publicly-funded emergency  shelter
    36  for  families  with  children;  director of a children's overnight camp,
    37  summer day camp or traveling summer day camp, as such camps are  defined
    38  in  section  thirteen  hundred  ninety-two of the public health law; day
    39  care center worker; school-age child care worker; provider of family  or
    40  group  family  day  care;  employee  or  volunteer in a residential care
    41  facility for children that is licensed, certified  or  operated  by  the
    42  office  of  children  and  family  services;  or any other child care or
    43  foster care worker; mental health professional; substance abuse  counse-
    44  lor;  alcoholism  counselor;  all  persons credentialed by the office of
    45  [alcoholism  and  substance  abuse]  addiction  services  and  supports;
    46  employees, who are expected to have regular and substantial contact with
    47  children,  of  a  health  home  or  health  home  care management agency
    48  contracting with a health home as designated by the department of health
    49  and authorized under section three hundred sixty-five-l of this  chapter
    50  or  such employees who provide home and community based services under a
    51  demonstration program pursuant to section eleven hundred fifteen of  the
    52  federal  social  security  act  who  are  expected  to  have regular and
    53  substantial  contact  with  children;  peace  officer;  police  officer;
    54  district  attorney or assistant district attorney; investigator employed
    55  in the office of a district attorney; or other law enforcement official.

        A. 2033--A                          9

     1    § 7. Paragraph (a) of subdivision 1  of  section  413  of  the  social
     2  services  law, as amended by chapter 733 of the laws of 2023, is amended
     3  to read as follows:
     4    (a)  The  following  persons  and  officials are required to report or
     5  cause a report to be made in accordance with this title when  they  have
     6  reasonable  cause  to  suspect  that a child coming before them in their
     7  professional or official capacity is an abused or maltreated  child,  or
     8  when  they have reasonable cause to suspect that a child is an abused or
     9  maltreated child where the parent, guardian, custodian or  other  person
    10  legally  responsible  for  such child comes before them in their profes-
    11  sional or official capacity and states from  personal  knowledge  facts,
    12  conditions or circumstances which, if correct, would render the child an
    13  abused  or maltreated child: any physician; registered physician assist-
    14  ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
    15  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
    16  athletic trainer; psychologist; licensed school psychology practitioner;
    17  registered nurse; social worker; emergency medical technician;  licensed
    18  creative   arts  therapist;  licensed  marriage  and  family  therapist;
    19  licensed  mental  health  counselor;  licensed  psychoanalyst;  licensed
    20  behavior analyst; certified behavior analyst assistant; hospital person-
    21  nel engaged in the admission, examination, care or treatment of persons;
    22  a Christian Science practitioner; school official, which includes but is
    23  not  limited  to  school  teacher,  school  guidance  counselor,  school
    24  psychologist, school social worker, school nurse,  school  administrator
    25  or  other school personnel required to hold a teaching or administrative
    26  license or certificate; full or part-time  compensated  school  employee
    27  required  to  hold a temporary coaching license or professional coaching
    28  certificate; social services worker; employee of a publicly-funded emer-
    29  gency shelter for families with children; director of a children's over-
    30  night camp, summer day camp or traveling summer day camp, as such  camps
    31  are  defined in section thirteen hundred ninety-two of the public health
    32  law; day care center worker; school-age child care worker;  provider  of
    33  family  or group family day care; employee or volunteer in a residential
    34  care facility for children that is licensed, certified  or  operated  by
    35  the  office  of children and family services; or any other child care or
    36  foster care worker; mental health professional; substance abuse  counse-
    37  lor;  alcoholism  counselor;  all  persons credentialed by the office of
    38  alcoholism and substance abuse services; employees, who are expected  to
    39  have  regular and substantial contact with children, of a health home or
    40  health home care management agency contracting with  a  health  home  as
    41  designated  by  the  department  of  health and authorized under section
    42  three hundred sixty-five-l of this chapter or such employees who provide
    43  home and community based services under a demonstration program pursuant
    44  to section eleven hundred fifteen of the federal social security act who
    45  are expected to have regular  and  substantial  contact  with  children;
    46  peace  officer;  police officer; district attorney or assistant district
    47  attorney; investigator employed in the office of a district attorney; or
    48  other law enforcement official.
    49    § 8. Subparagraph (i) of paragraph  a  of  subdivision  1  of  section
    50  6503-a  of  the  education law, as amended by chapter 554 of the laws of
    51  2013, is amended to read as follows:
    52    (i) services provided under article  one  hundred  fifty-three-A,  one
    53  hundred  fifty-four,  one hundred sixty-three or one hundred sixty-seven
    54  of this title for which licensure would be required, or
    55    § 9. Severability. If any clause, sentence, paragraph, section or part
    56  of this act shall be adjudged by any court of competent jurisdiction  to

        A. 2033--A                         10

     1  be  invalid,  the  judgment  shall not affect, impair, or invalidate the
     2  remainder thereof, but shall be confined in its operation to the clause,
     3  sentence, paragraph, section or part thereof directly  involved  in  the
     4  controversy in which the judgment shall have been rendered.
     5    §  10.  This act shall take effect eighteen months after it shall have
     6  become a law; provided, however, that:
     7    (a) sections four and seven of this act shall take effect on the  same
     8  date  and in the same manner as sections 10 and 12 of chapter 733 of the
     9  laws of 2023 take effect;
    10    (b) effective immediately the department of education is authorized to
    11  promulgate any and all rules and regulations and take any other  measure
    12  necessary to implement this act on or before its effective date, includ-
    13  ing, but not limited to, the appointment of the state board for psychol-
    14  ogy, the acceptance and processing of applications for licensure and the
    15  issuance of licenses; and
    16    (c)  the provisions of article 153-A of the education law, as added by
    17  section two of this act, requiring a license or limited permit to  prac-
    18  tice  under  such article shall not be enforced until twenty-four months
    19  after the effective date of this act.
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