Bill Text: NY A02416 | 2019-2020 | General Assembly | Introduced
Bill Title: Authorizes organizations to employ licensed social workers and licensed mental health professionals.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced - Dead) 2020-01-08 - referred to higher education [A02416 Detail]
Download: New_York-2019-A02416-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2416 2019-2020 Regular Sessions IN ASSEMBLY January 22, 2019 ___________ Introduced by M. of A. RODRIGUEZ, BLAKE, RA, PERRY, WALKER -- Multi- Sponsored by -- M. of A. COOK -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to permitting entities to employ certain licensed professionals and to repeal certain provisions of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 6503-a of the education law is REPEALED and a new 2 section 6503-a is added to read as follows: 3 § 6503-a. Exemption for entities providing certain professional 4 services. 1. Notwithstanding any laws to the contrary, an entity may 5 employ or contract with a licensed professional to provide: (i) services 6 under article one hundred fifty-four or one hundred sixty-three of this 7 title for which licensure would be required; or (ii) services constitut- 8 ing the provision of psychotherapy as defined in subdivision two of 9 section eighty-four hundred one of this title and authorized and 10 provided under article one hundred thirty-one, one hundred thirty-nine, 11 or one hundred fifty-three of this title. 12 2. Such services may be provided either directly through the entity's 13 employees or indirectly by contract with individuals or professional 14 entities duly licensed, registered, or authorized to provide such 15 services. 16 § 2. Subdivision 8 of section 6527 of the education law, as added by 17 chapter 130 of the laws of 2010, is amended to read as follows: 18 8. Nothing in this article shall prohibit the provision of psychother- 19 apy as defined in subdivision two of section eighty-four hundred one of 20 this title to the extent permissible within the scope of practice of 21 medicine, by any not-for-profit corporation or education corporation 22 providing services within the state of New York [and operating under a23waiver pursuant to section sixty-five hundred three-a of this title], EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06978-01-9A. 2416 2 1 provided that such entities offering such psychotherapy services shall 2 only provide such services through an individual appropriately licensed 3 or otherwise authorized to provide such services or a professional enti- 4 ty authorized by law to provide such services. 5 § 3. Paragraph h of subdivision 1 of section 6908 of the education 6 law, as added by chapter 130 of the laws of 2010, is amended to read as 7 follows: 8 h. As prohibiting the provision of psychotherapy as defined in subdi- 9 vision two of section eighty-four hundred one of this title to the 10 extent permissible within the scope of practice of nursing as defined in 11 this title, by any not-for-profit corporation or education corporation 12 providing services within the state [and operating under a waiver pursu-13ant to section sixty-five hundred three-a of this title,] provided that 14 such entities offering such psychotherapy services shall only provide 15 such services through an individual appropriately licensed or otherwise 16 authorized to provide such services or a professional entity authorized 17 by law to provide such services. 18 § 4. Subdivision 3 of section 7603 of the education law, as amended by 19 chapter 130 of the laws of 2010, is amended to read as follows: 20 (3) Experience: have two years of supervised employment or engagement 21 in appropriate psychology activities satisfactory to the board and in 22 accordance with the commissioner's regulations[. Satisfactory experience23obtained in an entity operating pursuant to a waiver issued by the24department pursuant to section sixty-five hundred three-a of this title25may be accepted by the department, notwithstanding that such experience26may have been obtained prior to the effective date of such section27sixty-five hundred three-a and/or prior to the entity having obtained a28waiver. The department may, for good cause shown, accept satisfactory29experience that was obtained in a setting that would have been eligible30for a waiver but which has not obtained a waiver with the department or31experience that was obtained in good faith by the applicant under the32belief that appropriate authorization had been obtained for the experi-33ence, provided that such experience meets all other requirements for34acceptable experience]; 35 § 5. Subdivision 9 of section 7605 of the education law, as added by 36 chapter 130 of the laws of 2010, is amended to read as follows: 37 9. The provision of psychotherapy as defined in subdivision two of 38 section eighty-four hundred one of this title to the extent permissible 39 within the scope of practice of psychology, by any not-for-profit corpo- 40 ration or education corporation providing services within the state of 41 New York [and operating under a waiver pursuant to section sixty-five42hundred three-a of this title,] provided that such entities offering 43 psychology services shall only provide such services through an individ- 44 ual appropriately licensed or otherwise authorized to provide such 45 services or a professional entity authorized by law to provide such 46 services. 47 § 6. Paragraph (c) of subdivision 2 of section 7704 of the education 48 law, as amended by chapter 130 of the laws of 2010, is amended to read 49 as follows: 50 (c) Experience: have at least three years full-time supervised post- 51 graduate clinical social work experience in diagnosis, psychotherapy, 52 and assessment-based treatment plans, or its part-time equivalent, 53 obtained over a continuous period not to exceed six years, under the 54 supervision, satisfactory to the department, of a psychiatrist, a 55 licensed psychologist, or a licensed clinical social worker in a facili- 56 ty setting or other supervised settings approved by the department[.A. 2416 3 1Satisfactory experience obtained in an entity operating under a waiver2issued by the department pursuant to section sixty-five hundred three-a3of this title may be accepted by the department, notwithstanding that4such experience may have been obtained prior to the effective date of5such section sixty-five hundred three-a and/or prior to the entity6having obtained a waiver. The department may, for good cause shown,7accept satisfactory experience that was obtained in a setting that would8have been eligible for a waiver but which has not obtained a waiver from9the department or experience that was obtained in good faith by the10applicant under the belief that appropriate authorization had been11obtained for the experience, provided that such experience meets all12other requirements for acceptable experience]; 13 § 7. Subdivision 6 of section 7706 of the education law, as added by 14 chapter 130 of the laws of 2010, is amended to read as follows: 15 6. Prohibit the practice of licensed master social work or licensed 16 clinical social work, to the extent permissible within the scope of 17 practice of such professions, by any not-for-profit corporation or 18 education corporation providing services within the state of New York 19 [and operating under a waiver pursuant to section sixty-five hundred20three-a of this title,] provided that such entities offering licensed 21 master social work or licensed clinical social work services shall only 22 provide such services through an individual appropriately licensed or 23 otherwise authorized to provide such services or a professional entity 24 authorized by law to provide such services. 25 § 8. Paragraph (c) of subdivision 3 of section 8402 of the education 26 law, as amended by chapter 130 of the laws of 2010, is amended to read 27 as follows: 28 (c) Experience: An applicant shall complete a minimum of three thou- 29 sand hours of post-master's supervised experience relevant to the prac- 30 tice of mental health counseling satisfactory to the board and in 31 accordance with the commissioner's regulations[. Satisfactory experience32obtained in an entity operating under a waiver issued by the department33pursuant to section sixty-five hundred three-a of this title may be34accepted by the department, notwithstanding that such experience may35have been obtained prior to the effective date of such section sixty-36five hundred three-a and/or prior to the entity having obtained a waiv-37er. The department may, for good cause shown, accept satisfactory expe-38rience that was obtained in a setting that would have been eligible for39a waiver but which has not obtained a waiver from the department or40experience that was obtained in good faith by the applicant under the41belief that appropriate authorization had been obtained for the experi-42ence, provided that such experience meets all other requirements for43acceptable experience]; 44 § 9. Paragraph (c) of subdivision 3 of section 8403 of the education 45 law, as amended by chapter 130 of the laws of 2010, is amended to read 46 as follows: 47 (c) Experience: The completion of at least one thousand five hundred 48 client contact hours of supervised clinical experience, by persons hold- 49 ing a degree from a master's or doctoral program, or the substantial 50 equivalent, in accordance with the commissioner's regulations or the 51 completion of at least one thousand five hundred client hours of super- 52 vised post-master's clinical experience in marriage and family therapy 53 satisfactory to the department in accordance with the commissioner's 54 regulations[. Satisfactory experience obtained in an entity operating55under a waiver issued by the department pursuant to section sixty-five56hundred three-a of this title may be accepted by the department,A. 2416 4 1notwithstanding that such experience may have been obtained prior to the2effective date of such section sixty-five hundred three-a and/or prior3to the entity having obtained a waiver. The department may, for good4cause shown, accept satisfactory experience that was obtained in a5setting that would have been eligible for a waiver but which has not6obtained a waiver from the department or experience that was obtained in7good faith by the applicant under the belief that appropriate authori-8zation had been obtained for the experience, provided that such experi-9ence meets all other requirements for acceptable experience]; 10 § 10. Paragraph (c) of subdivision 3 of section 8404 of the education 11 law, as amended by chapter 130 of the laws of 2010, is amended to read 12 as follows: 13 (c) Experience: Have completed at least fifteen hundred hours of post- 14 master's supervised experience in one or more creative arts therapies 15 satisfactory to the department and in accordance with the commissioner's 16 regulations[. Satisfactory experience obtained in an entity operating17under a waiver issued by the department pursuant to section sixty-five18hundred three-a of this title may be accepted by the department,19notwithstanding that such experience may have been obtained prior to the20effective date of such section sixty-five hundred three-a and/or prior21to the entity having obtained a waiver. The department may, for good22cause shown, accept satisfactory experience that was obtained in a23setting that would have been eligible for a waiver but which has not24obtained a waiver from the department or experience that was obtained in25good faith by the applicant under the belief that appropriate authori-26zation had been obtained for the experience, provided that such experi-27ence meets all other requirements for acceptable experience]; 28 § 11. Paragraph (c) of subdivision 3 of section 8405 of the education 29 law, as amended by chapter 130 of the laws of 2010, is amended to read 30 as follows: 31 (c) Experience: Have completed a minimum of fifteen hundred hours of 32 supervised clinical practice satisfactory to the department and in 33 accordance with the commissioner's regulations[. Satisfactory experience34obtained in an entity operating under a waiver issued by the department35pursuant to section sixty-five hundred three-a of this title may be36accepted by the department, notwithstanding that such experience may37have been obtained prior to the effective date of such section sixty-38five hundred three-a and/or prior to the entity having obtained a waiv-39er. The department may, for good cause shown, accept satisfactory expe-40rience that was obtained in a setting that would have been eligible for41a waiver but which has not obtained a waiver from the department or42experience that was obtained in good faith by the applicant under the43belief that appropriate authorization had been obtained for the experi-44ence, provided that such experience meets all other requirements for45acceptable experience]; 46 § 12. Subdivision 7 of section 8410 of the education law, as added by 47 chapter 130 of the laws of 2010, is amended to read as follows: 48 7. Prohibit the practice of mental health counseling, marriage and 49 family therapy, creative arts therapy or psychoanalysis, to the extent 50 permissible within the scope of practice of such professions, by any 51 not-for-profit corporation or education corporation providing services 52 within the state of New York [and operating under a waiver pursuant to53section sixty-five hundred three-a of this title,] provided that such 54 entities offering mental health counseling, marriage and family therapy, 55 creative arts therapy or psychoanalysis services shall only provide such 56 services through an individual appropriately licensed or otherwiseA. 2416 5 1 authorized to provide such services or a professional entity authorized 2 by law to provide such services. 3 § 13. This act shall take effect immediately.
