Bill Text: NY A05751 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to requirements for licensure of mental health counselors and marriage and family therapists and providing mental health counselors and marriage and family therapists authority to give diagnosis.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Introduced - Dead) 2022-01-05 - referred to higher education [A05751 Detail]
Download: New_York-2021-A05751-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5751 2021-2022 Regular Sessions IN ASSEMBLY February 24, 2021 ___________ Introduced by M. of A. SIMON -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to requirements for licensure of certain mental health practitioners and providing certain mental health practitioners authority to give diagnosis The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 8401 of the education law is amended by adding a 2 new subdivision 3 to read as follows: 3 3. "Diagnosis" means the process of distinguishing, beyond a general 4 assessment, between similar mental, emotional, behavioral, developmental 5 and addictive disorders, impairments and disabilities within a psychoso- 6 cial framework on the basis of their similar and unique characteristics 7 consistent with accepted classification systems. 8 § 2. Subdivision 2 of section 8402 of the education law, as added by 9 chapter 676 of the laws of 2002, is amended to read as follows: 10 2. Practice of mental health counseling and use of the titles "mental 11 health counselor" and "licensed mental health counselor". (a) Only a 12 person licensed or exempt under this article shall practice mental 13 health counseling or use the title "mental health counselor". Only a 14 person licensed under this article shall use the title "licensed mental 15 health counselor" or any other designation tending to imply that the 16 person is licensed to practice mental health counseling. 17 (b) Mental health counselors who have obtained the diagnosis privilege 18 set forth in section eighty-four hundred two-a of this article may diag- 19 nose mental, emotional, behavioral, addictive and developmental disor- 20 ders and disabilities and of the psychosocial aspects of illness, inju- 21 ry, disability and impairment undertaken within a psychosocial 22 framework. 23 § 3. Paragraphs (b) and (c) of subdivision 3 of section 8402 of the 24 education law, paragraph (b) as added by chapter 676 of the laws of 2002 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07110-01-1A. 5751 2 1 and paragraph (c) as amended by chapter 130 of the laws of 2010, are 2 amended to read as follows: 3 (b) Education: Have received an education, including a master's or 4 higher degree in counseling from a program registered by the department 5 or determined by the department to be the substantial equivalent there- 6 of, which includes the completion of at least twelve credit hours of 7 clinical courses, in accordance with the commissioner's regulations. A 8 person who has received a master's, or equivalent degree in counseling, 9 during which they did not complete all twelve credit hours of clinical 10 courses, may satisfy this requirement by completing any remaining equiv- 11 alent post-graduate clinical courses, in accordance with the commission- 12 er's regulations. The graduate coursework shall include, but not be 13 limited to, the following areas: 14 (i) human growth and development; 15 (ii) social and cultural foundations of counseling; 16 (iii) counseling theory and practice and psychopathology; 17 (iv) group dynamics; 18 (v) lifestyle and career development; 19 (vi) assessment and appraisal of individuals, couples and families and 20 groups; 21 (vii) research and program evaluation; 22 (viii) professional orientation and ethics; 23 (ix) foundations of mental health counseling and consultation; 24 (x) clinical instruction; and 25 (xi) completion of a minimum one year supervised internship or practi- 26 cum in mental health counseling; 27 (c) Experience: An applicant shall complete a minimum of three thou- 28 sand hours of post-master's supervised experience relevant to the prac- 29 tice of mental health counseling, two thousand hours of which shall 30 include diagnosis, psychotherapy, and assessment-based treatment plans, 31 satisfactory to the board and in accordance with the commissioner's 32 regulations. Satisfactory experience obtained in an entity operating 33 under a waiver issued by the department pursuant to section sixty-five 34 hundred three-a of this title may be accepted by the department, 35 notwithstanding that such experience may have been obtained prior to the 36 effective date of such section sixty-five hundred three-a and/or prior 37 to the entity having obtained a waiver. The department may, for good 38 cause shown, accept satisfactory experience that was obtained in a 39 setting that would have been eligible for a waiver but which has not 40 obtained a waiver from the department or experience that was obtained in 41 good faith by the applicant under the belief that appropriate authori- 42 zation had been obtained for the experience, provided that such experi- 43 ence meets all other requirements for acceptable experience; 44 § 4. The education law is amended by adding a new section 8402-a to 45 read as follows: 46 § 8402-a. Diagnosis privilege; mental health counseling. 1. Applicants 47 licensed on January first, two thousand twenty-six or thereafter are 48 authorized to diagnose, as provided in paragraph (b) of subdivision two 49 of section eighty-four hundred two of this article, and as defined in 50 subdivision three of section eighty-four hundred one of this article 51 without meeting any additional requirements. 52 2. Applicants for license as a mental health counselor who have been 53 issued a limited permit after successfully completing the requirements 54 of paragraph (b) of subdivision three of section eighty-four hundred two 55 of this article, which includes twelve credit hours of clinical courses, 56 are authorized to diagnose as provided in paragraph (b) of subdivisionA. 5751 3 1 two of section eighty-four hundred two of this article, and as defined 2 in subdivision three of section eighty-four hundred one of this article, 3 while under supervision. 4 3. Those licensed prior to January first, two thousand twenty-five, 5 shall be granted the privilege to diagnose as provided in paragraph (b) 6 of subdivision two of section eighty-four hundred two of this article, 7 and as defined in subdivision three of section eighty-four hundred one 8 of this article, if the licensee fulfills the following requirements: 9 (a) Files an application with the department; 10 (b) Is licensed and registered as a mental health counselor; and: 11 (i) Provides verification of twelve credit hours of clinical course 12 work as defined by the department from a college or university accepta- 13 ble to the department; or 14 (ii) Provides verification of a minimum of two years of employment as 15 a licensed mental health counselor by a licensed supervisor or colleague 16 on forms acceptable to the department, in a program or service operated, 17 regulated, funded, or approved by the department of mental hygiene, the 18 office of children and family services, the office of temporary and 19 disability assistance, the department of corrections and community 20 supervision, the state office for the aging, the department of health, 21 or a local governmental unit as that term is defined in article forty- 22 one of the mental hygiene law or a social services district as defined 23 in section sixty-one of the social services law; or 24 (iii) Provides verification of being licensed as a licensed mental 25 health counselor for a minimum of two years; and 26 (1) Provides documentation of at least six credit hours of clinical 27 coursework as defined by the department from a college or university 28 acceptable to the department; or 29 (2) Provides documentation of at least twelve hours of continuing 30 education in clinical coursework subject to section eighty-four hundred 31 twelve-a of this article; and 32 (c) Pays a fee to the department of two hundred twenty dollars. 33 4. A privilege to diagnose issued under this section shall be valid 34 for the life of the holder, unless revoked, annulled, or suspended by 35 the board of regents. Such a privilege shall be subject to the same 36 oversight and disciplinary provisions as licenses issued under this 37 title. 38 § 5. Subdivision 2 of section 8403 of the education law, as added by 39 chapter 676 of the laws of 2002, is amended to read as follows: 40 2. Practice of marriage and family therapy and use of the titles 41 "marriage and family therapist" and "licensed marriage and family thera- 42 pist". (a) Only a person licensed or exempt under this article shall 43 practice marriage and family therapy or use the title "marriage and 44 family therapist". Only a person licensed under this article shall use 45 the titles "licensed marriage and family therapist", "licensed marriage 46 therapist", "licensed family therapist" or any other designation tending 47 to imply that the person is licensed to practice marriage and family 48 therapy. 49 (b) Marriage and family therapists who have obtained the diagnosis 50 privilege set forth in section eighty-four hundred three-a of this arti- 51 cle may diagnose mental, emotional, behavioral, addictive and develop- 52 mental disorders and disabilities and of the psychosocial aspects of 53 illness, injury, disability and impairment undertaken within a psychoso- 54 cial framework. 55 § 6. Paragraphs (b) and (c) of subdivision 3 of section 8403 of the 56 education law, paragraph (b) as added by chapter 676 of the laws of 2002A. 5751 4 1 and paragraph (c) as amended by chapter 130 of the laws of 2010, are 2 amended to read as follows: 3 (b) Education: Have received a master's or doctoral degree in marriage 4 and family therapy from a program registered by the department, or 5 determined by the department to be the substantial equivalent, which 6 includes the completion of at least twelve credit hours of clinical 7 coursework in accordance with the commissioner's regulations or a gradu- 8 ate degree in an allied field from a program registered by the depart- 9 ment and graduate level coursework determined to be equivalent to that 10 required in a program registered by the department. A person who has 11 received a master's, or equivalent degree in marriage and family thera- 12 py, during which they did not complete all twelve credit hours of clin- 13 ical courses, may satisfy this requirement by completing any remaining 14 equivalent post-graduate clinical courses, in accordance with the 15 commissioner's regulations. This coursework shall include, but not be 16 limited to: 17 (i) the study of human development, including individual, child and 18 family development; 19 (ii) psychopathology; 20 (iii) marital and family therapy; 21 (iv) family law; 22 (v) research; 23 (vi) professional ethics; and 24 (vii) a practicum of at least three hundred client contact hours; 25 (c) Experience: The completion of at least [one] two thousand [five26hundred] client contact hours of supervised clinical experience, by 27 persons holding a degree from a master's or doctoral program, or the 28 substantial equivalent, in accordance with the commissioner's regu- 29 lations or the completion of at least [one] two thousand [five hundred] 30 client contact hours of supervised post-master's clinical experience in 31 marriage and family therapy satisfactory to the department in accordance 32 with the commissioner's regulations. The two thousand client contact 33 hours shall include diagnosis, psychotherapy and assessment based treat- 34 ment plans. Satisfactory experience obtained in an entity operating 35 under a waiver issued by the department pursuant to section sixty-five 36 hundred three-a of this title may be accepted by the department, 37 notwithstanding that such experience may have been obtained prior to the 38 effective date of such section sixty-five hundred three-a and/or prior 39 to the entity having obtained a waiver. The department may, for good 40 cause shown, accept satisfactory experience that was obtained in a 41 setting that would have been eligible for a waiver but which has not 42 obtained a waiver from the department or experience that was obtained in 43 good faith by the applicant under the belief that appropriate authori- 44 zation had been obtained for the experience, provided that such experi- 45 ence meets all other requirements for acceptable experience; 46 § 7. The education law is amended by adding a new section 8403-a to 47 read as follows: 48 § 8403-a. Diagnosis privilege; marriage and family therapist. 1. 49 Applicants for license as a marriage and family therapist who were 50 licensed on January first, two thousand twenty-six or thereafter are 51 authorized to diagnose, as provided in paragraph (b) of subdivision two 52 of section eighty-four hundred three of this article, and as defined in 53 subdivision three of section eighty-four hundred one of this article 54 without meeting any additional requirements. 55 2. Applicants for license as a marriage and family therapist who have 56 been issued a limited permit after successfully completing the require-A. 5751 5 1 ments of paragraph (b) of subdivision three of section eighty-four 2 hundred three of this article, which includes twelve credit hours of 3 clinical courses, are authorized to diagnose as provided in paragraph 4 (b) of subdivision two of section eighty-four hundred three of this 5 article, and as defined in subdivision three of section eighty-four 6 hundred one of this article, while under supervision. 7 3. Those licensed as a marriage and family therapist prior to January 8 first, two thousand twenty-six, shall be granted the privilege to diag- 9 nose as provided in paragraph (b) of subdivision two of section eighty- 10 four hundred three of this article, and as defined in subdivision three 11 of section eighty-four hundred one of this article, if the licensee 12 fulfills the following requirements: 13 (a) Files an application with the department; 14 (b) Is licensed and registered as a marriage and family therapist; 15 and: 16 (i) Provides verification of twelve credit hours of clinical 17 coursework as defined by the department from a college or university 18 acceptable to the department; or 19 (ii) Provides verification of a minimum of two years of employment as 20 a licensed marriage and family therapist by a licensed supervisor or 21 colleague on forms acceptable to the department, in a program or service 22 operated, regulated, funded, or approved by the department of mental 23 hygiene, the office of children and family services, the office of 24 temporary and disability assistance, the department of corrections 25 and community supervision, the state office for the aging, the 26 department of health, or a local governmental unit as that term is 27 defined in article forty-one of the mental hygiene law or a social 28 services district as defined in section sixty-one of the social services 29 law; or 30 (iii) Provides verification of being licensed as a licensed marriage 31 and family therapist for a minimum of two years and: 32 (1) Provides documentation of at least six credit hours of clinical 33 coursework as defined by the department from a college or university 34 acceptable to the department; or 35 (2) Provides documentation of at least twelve hours of continuing 36 education in clinical coursework subject to section eighty-four hundred 37 twelve-a of this article; and 38 (c) Pays a fee to the department of two hundred twenty dollars. 39 4. A privilege to diagnose issued under this section shall be valid 40 for the life of the holder, unless revoked, annulled, or suspended by 41 the board of regents. Such a privilege shall be subject to the same 42 oversight and disciplinary provisions as licenses issued under this 43 title. 44 § 8. Subdivision 2 of section 8405 of the education law, as added by 45 chapter 676 of the laws of 2002, is amended to read as follows: 46 2. Practice of psychoanalysis and use of the titles "psychoanalyst" 47 and "licensed psychoanalyst". (a) Only a person licensed or exempt under 48 this article shall practice psychoanalysis or use the title "psychoana- 49 lyst". Only a person licensed under this article shall use the title 50 "licensed psychoanalyst" or any other designation tending to imply that 51 the person is licensed to practice psychoanalysis. 52 (b) Psychoanalysts who have obtained the diagnosis privilege as set 53 forth in section eighty-four hundred five-a of this article may diagnose 54 mental, emotional, behavioral, addictive and developmental disorders and 55 disabilities and of the psychosocial aspects of illness, injury, disa- 56 bility and impairment undertaken within a psychosocial framework.A. 5751 6 1 § 9. Paragraphs (b) and (c) of subdivision 3 of section 8405 of the 2 education law, paragraph (b) as added by chapter 676 of the laws of 2002 3 and paragraph (c) as amended by chapter 130 of the laws of 2010, are 4 amended to read as follows: 5 (b) Education: Have received a master's degree or higher from a 6 degree-granting program registered by the department or the substantial 7 equivalent and have completed a program of study registered by the 8 department in a psychoanalytic institute chartered by the board of 9 regents or the substantial equivalent as determined by the department. 10 The program of study in a psychoanalytic institute shall include course- 11 work substantially equivalent to coursework required for a master's 12 degree in a health or mental health field of study and shall also 13 include the completion of at least twelve credit hours of clinical 14 courses. An individual who has completed a licensed psychoanalyst 15 program that did not include twelve credit hours of clinical courses may 16 satisfy this requirement by completing any remaining equivalent post- 17 graduate clinical courses, in accordance with the commissioner's regu- 18 lations. The coursework shall include, but not be limited to, the 19 following areas: 20 (i) personality development; 21 (ii) psychoanalytic theory of psychopathology; 22 (iii) psychoanalytic theory of psychodiagnosis; 23 (iv) sociocultural influence on growth and psychopathology; 24 (v) practice technique (including dreams and symbolic processes); 25 (vi) analysis of resistance, transference, and countertransference; 26 (vii) case seminars on clinical practice; 27 (viii) practice in psychopathology and psychodiagnosis; 28 (ix) professional ethics and psychoanalytic research methodology; and 29 (x) a minimum of three hundred hours of personal analysis and one 30 hundred fifty hours of supervised analysis; 31 (c) Experience: Have completed a minimum of [fifteen hundred] two 32 thousand hours of supervised clinical practice which shall include diag- 33 nosis, psychotherapy, and assessment-based treatment plans satisfactory 34 to the department and in accordance with the commissioner's regulations. 35 Satisfactory experience obtained in an entity operating under a waiver 36 issued by the department pursuant to section sixty-five hundred three-a 37 of this title may be accepted by the department, notwithstanding that 38 such experience may have been obtained prior to the effective date of 39 such section sixty-five hundred three-a and/or prior to the entity 40 having obtained a waiver. The department may, for good cause shown, 41 accept satisfactory experience that was obtained in a setting that would 42 have been eligible for a waiver but which has not obtained a waiver from 43 the department or experience that was obtained in good faith by the 44 applicant under the belief that appropriate authorization had been 45 obtained for the experience, provided that such experience meets all 46 other requirements for acceptable experience; 47 § 10. The education law is amended by adding a new section 8405-a to 48 read as follows: 49 § 8405-a. Diagnosis privilege. 1. Applicants licensed on January 50 first, two thousand twenty-five or thereafter are authorized to diagnose 51 as provided in paragraph (b) of subdivision two of section eighty-four 52 hundred five of this article and further defined in subdivision three of 53 section eighty-four hundred one of this article without meeting any 54 additional requirements. 55 2. Applicants for license as a psychoanalyst who have been issued a 56 limited permit after successfully completing the requirements of para-A. 5751 7 1 graph (b) of subdivision two of section eighty-four hundred five of this 2 article, which includes twelve credit hours of clinical courses are 3 authorized to diagnose as provided in paragraph (b) of subdivision three 4 of section eighty-four hundred five of this article, and as defined in 5 subdivision three of section eighty-four hundred one of this article 6 while under supervision. 7 3. For those licensed prior to January first, two thousand twenty- 8 five, shall be granted the privilege to diagnose as provided in para- 9 graph (c) of subdivision one of section eighty-four hundred five of this 10 article, and further defined in subdivision three of section eighty-four 11 hundred one of this article if the licensee fulfills the following 12 requirements: 13 (a) Files an application with the department; 14 (b) Is licensed and registered as a psychoanalyst; and 15 (i) Provides verification of twelve credit hours of clinical course 16 work as defined by the department from a college, university, or insti- 17 tute acceptable to the department; or 18 (ii) Provides verification of a minimum of two years of employment as 19 a licensed psychoanalyst by a licensed supervisor or colleague on forms 20 acceptable to the department, in a program or service operated, regu- 21 lated, funded, or approved by the department of mental hygiene, the 22 office of children and family services, the office of temporary and 23 disability assistance, the department of corrections and community 24 supervision, the state office for the aging, the department of health, 25 or a local governmental unit as that term is defined in article forty- 26 one of the mental hygiene law or a social services district as defined 27 in section sixty-one of the social services law; or 28 (iii) Provides verification of being licensed as a licensed psychoana- 29 lyst for a minimum of three years; and 30 (1) Provides documentation of at least six credit hours of clinical 31 coursework as defined by the department from a college, university, or 32 institute acceptable to the department; or 33 (2) Provides documentation of at least twelve hours of continuing 34 education in clinical coursework subject to section eighty-four hundred 35 twelve-a of this article; and 36 (c) Pays a fee to the department of two hundred twenty dollars. 37 4. A privilege to diagnose issued under this section shall be valid 38 for the life of the holder, unless revoked, annulled, or suspended by 39 the board of regents. Such a privilege shall be subject to the same 40 oversight and disciplinary provisions as licenses issued under this 41 title. 42 § 11. Subdivision 2 of section 8409 of the education law, as amended 43 by chapter 485 of the laws of 2013, is amended to read as follows: 44 2. Limited permits shall be for [two] three years; such limited 45 permits may be renewed, at the discretion of the department, for up to 46 two additional one year periods. 47 § 12. Section 8410 of the education law is amended by adding a new 48 subdivision 11 to read as follows: 49 11. Notwithstanding any provision of law to the contrary, nothing in 50 this section shall be construed to prohibit or limit the activities or 51 services provided under this article on the part of any person who, upon 52 the effective date of this subdivision, is in the employ of a program or 53 service, as defined in this article, for the period during which such 54 person maintains employment in such program or service. This section 55 shall not authorize the use of any title authorized pursuant to this 56 article by any such employed person, except as otherwise provided byA. 5751 8 1 this article respectively. Provided however, that any person who 2 commences employment in such program or service on or after July first, 3 two thousand twenty-one and performs services that are restricted under 4 this article shall be appropriately licensed or authorized under this 5 article. 6 § 13. The education law is amended by adding a new section 8412-a to 7 read as follows: 8 § 8412-a. Continuing education for diagnosis privilege. 1. Continuing 9 education required in clause two of subparagraph (iii) of paragraph (b) 10 of subdivision three of section eighty-four hundred two-a of this arti- 11 cle shall: 12 (a) Be offered by a provider approved by the department pursuant to 13 paragraph (b) of subdivision three of section eighty-four hundred twelve 14 of this article; and 15 (b) In addition to meeting the standards set forth in paragraph (a) of 16 subdivision three of section eighty-four hundred twelve of this article, 17 be determined by the department as providing clinical content in the 18 following areas: 19 (i) Diagnosis in clinical practice; 20 (ii) Assessment based treatment; or 21 (iii) Clinical practice with general and special populations. 22 2. The department shall maintain a list of continuing education 23 approved by the department as meeting the requirements of this section. 24 3. A separate continuing education approval application fee, as deter- 25 mined by the department, shall be applied to providers seeking approval 26 of continuing education that meets the requirements of this section. 27 § 14. This act shall take effect one year after it shall have become a 28 law, provided that sections four, seven and ten of this act shall take 29 effect January 1, 2026. Effective immediately, the addition, amendment 30 and/or repeal of any rule or regulation necessary for the implementation 31 of this act on its effective date are authorized to be made and 32 completed on or before such effective date.
