Bill Text: NY A03563 | 2015-2016 | General Assembly | Amended

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Bill Title: Exempts certain persons who administer and score objective psychological tests from provisions of law relating to the practice of the profession of psychology.

Spectrum: Slight Partisan Bill (Democrat 12-4)

Status: (Passed) 2015-10-26 - signed chap.374 [A03563 Detail]

Download: New_York-2015-A03563-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3563--C
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 27, 2015
                                      ___________
       Introduced by M. of A. LAVINE, STIRPE, ENGLEBRIGHT, GOTTFRIED, BUCHWALD,
         FAHY, SKOUFIS, STECK -- Multi-Sponsored by -- M. of A. CURRAN, FITZPA-
         TRICK, LUPARDO, LUPINACCI, RA, SCHIMEL, SIMANOWITZ, SIMON -- read once
         and  referred  to  the  Committee  on  Higher  Education  -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee -- again reported from said  committee  with  amend-
         ments,  ordered reprinted as amended and recommitted to said committee
         --  again  reported  from  said  committee  with  amendments,  ordered
         reprinted as amended and recommitted to said committee
       AN  ACT  to amend the education law, in relation to exempt persons under
         the profession of psychology
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  7605 of the education law is amended by adding a
    2  new subdivision 11 to read as follows:
    3    11. THE CONDUCT, ACTIVITIES OR SERVICES OF A TECHNICIAN TO  ADMINISTER
    4  AND  SCORE  STANDARDIZED  OBJECTIVE  (NON-PROJECTIVE)  PSYCHOLOGICAL  OR
    5  NEUROPSYCHOLOGICAL TESTS WHICH HAVE SPECIFIC PREDETERMINED  AND  MANUAL-
    6  IZED  ADMINISTRATIVE  PROCEDURES  WHICH  ENTAIL OBSERVING AND DESCRIBING
    7  TEST BEHAVIOR AND TEST RESPONSES, AND WHICH DO NOT  REQUIRE  EVALUATION,
    8  INTERPRETATION  OR OTHER JUDGMENTS; PROVIDED, HOWEVER, THAT SUCH TECHNI-
    9  CIAN SHALL: (I) HOLD NO LESS THAN A BACHELOR'S DEGREE IN PSYCHOLOGY OR A
   10  RELATED FIELD; (II) UNDERGO A PROCESS OF REGULAR TRAINING BY A  LICENSED
   11  PSYCHOLOGIST,  WHICH  SHALL  INCLUDE, BUT NOT BE LIMITED TO A MINIMUM OF
   12  EIGHTY TOTAL HOURS OF (A) PROFESSIONAL ETHICS, (B) STUDYING AND  MASTER-
   13  ING  INFORMATION  FROM  TEST  MANUALS,  AND  (C) DIRECT OBSERVATION OF A
   14  LICENSED PSYCHOLOGIST OR TRAINED TECHNICIAN  ADMINISTERING  AND  SCORING
   15  TESTS,  IN  ADDITION  TO A MINIMUM OF FORTY TOTAL HOURS OF ADMINISTERING
   16  AND SCORING TESTS IN THE PRESENCE OF A LICENSED PSYCHOLOGIST OR  TRAINED
   17  TECHNICIAN,  PROVIDED  SUCH  INTERACTION  WITH THE LICENSED PSYCHOLOGIST
   18  EQUALS OR EXCEEDS FIFTY PERCENT OF THE TOTAL  TRAINING  TIME;  (III)  BE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01968-05-5
       A. 3563--C                          2
    1  UNDER  THE  DIRECT AND ONGOING SUPERVISION OF A LICENSED PSYCHOLOGIST IN
    2  NO GREATER THAN A 3:1 RATIO OR THE PART TIME  EQUIVALENT  THERETO;  (IV)
    3  NOT  BE  EMPLOYED  WITHIN  A  SCHOOL  SETTING  AND (V) NOT SELECT TESTS,
    4  ANALYZE PATIENT DATA OR COMMUNICATE RESULTS TO PATIENTS. THE SUPERVISING
    5  LICENSED  PSYCHOLOGIST  MUST SUBMIT, PURSUANT TO A FORM TO BE PRESCRIBED
    6  AND DEVELOPED WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS  SUBDIVI-
    7  SION  BY THE DEPARTMENT, A SWORN STATEMENT DETAILING COMPLIANCE WITH THE
    8  ABOVE REQUIREMENTS. THE LICENSED PSYCHOLOGIST'S USE OF  SUCH  INDIVIDUAL
    9  PURSUANT  TO THE TERMS OF THIS SUBDIVISION SHALL BE UNDERTAKEN ONLY WITH
   10  SPECIAL CARE AND PROFESSIONAL JUDGMENT IN ORDER TO ENSURE THE SAFETY AND
   11  WELL-BEING OF THE PATIENT CONSIDERING THE SEVERITY OF THE SYMPTOMS,  THE
   12  AGE  OF THE PATIENT AND THE LENGTH OF THE EXAMINATION PROCESS, AND SHALL
   13  INCLUDE APPROPRIATE ONGOING CONTACT WITH THE  LICENSED  PSYCHOLOGIST  AT
   14  APPROPRIATE  INTERVALS.  SUCH USE SHALL BE SUBJECT TO THE FULL DISCIPLI-
   15  NARY AND REGULATORY AUTHORITY OF THE BOARD OF REGENTS AND THE DEPARTMENT
   16  PURSUANT TO THIS  TITLE.  THE  LICENSED  PSYCHOLOGIST  MUST  NOTIFY  THE
   17  PATIENT  OR  DESIGNATED HEALTH CARE SURROGATE THAT THE LICENSED PSYCHOL-
   18  OGIST MAY UTILIZE THE SERVICES OF A  TECHNICIAN  TO  ADMINISTER  CERTAIN
   19  EXAMS,  AND MUST PROVIDE THE PATIENT OR DESIGNATED HEALTH CARE SURROGATE
   20  THE OPPORTUNITY TO OBJECT TO THE LICENSED PSYCHOLOGIST'S PLAN TO UTILIZE
   21  A TECHNICIAN.
   22    S 2. This act shall take effect immediately.