Bill Text: NY A10142 | 2011-2012 | General Assembly | Introduced


Bill Title: Requires thirty-six hours of mandatory continuing education for mental health practitioners during each triennial registration period; makes related provisions.

Spectrum: Moderate Partisan Bill (Democrat 10-3)

Status: (Introduced - Dead) 2012-05-09 - referred to higher education [A10142 Detail]

Download: New_York-2011-A10142-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10142
                                 I N  A S S E M B L Y
                                      May 9, 2012
                                      ___________
       Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
         Committee on Higher Education
       AN ACT to amend the education law, in relation to  mandatory  continuing
         education  for mental health practitioners and clarifies authorization
         to practice
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The education law is amended by adding a new section 8412
    2  to read as follows:
    3    S 8412. MANDATORY CONTINUING EDUCATION. 1. REQUIREMENT  OF  CONTINUING
    4  EDUCATION.
    5    (A)  EACH LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERA-
    6  PIST, PSYCHOANALYST, AND CREATIVE ARTS  THERAPIST  REQUIRED  UNDER  THIS
    7  ARTICLE  TO  REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THE
    8  STATE SHALL COMPLY WITH  THE  PROVISIONS  OF  THE  MANDATORY  CONTINUING
    9  EDUCATION  REQUIREMENTS  PRESCRIBED  IN  SUBDIVISION TWO OF THIS SECTION
   10  EXCEPT AS SET FORTH IN PARAGRAPHS  (B)  AND  (C)  OF  THIS  SUBDIVISION.
   11  LICENSED  MENTAL  HEALTH  COUNSELORS,  MARRIAGE  AND  FAMILY THERAPISTS,
   12  PSYCHOANALYSTS AND CREATIVE ARTS  THERAPISTS  WHO  DO  NOT  SATISFY  THE
   13  MANDATORY  CONTINUING  EDUCATION  REQUIREMENTS  SHALL NOT PRACTICE UNTIL
   14  THEY HAVE MET SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED  A  REGISTRA-
   15  TION  CERTIFICATE,  EXCEPT  THAT  A  LICENSED  MENTAL  HEALTH COUNSELOR,
   16  MARRIAGE AND FAMILY THERAPIST, PSYCHOANALYST, AND CREATIVE  ARTS  THERA-
   17  PIST  MAY  PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS
   18  ISSUED A CONDITIONAL REGISTRATION CERTIFICATE  PURSUANT  TO  SUBDIVISION
   19  THREE OF THIS SECTION.
   20    (B)  EACH LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERA-
   21  PIST, PSYCHOANALYST, AND CREATIVE ARTS THERAPIST SHALL  BE  EXEMPT  FROM
   22  THE  MANDATORY CONTINUING EDUCATION REQUIREMENT FOR THE TRIENNIAL REGIS-
   23  TRATION PERIOD DURING WHICH THEY ARE FIRST LICENSED. IN ACCORDANCE  WITH
   24  THE  INTENT  OF  THIS  SECTION,  ADJUSTMENT  TO THE MANDATORY CONTINUING
   25  EDUCATION REQUIREMENT MAY BE GRANTED BY THE DEPARTMENT  FOR  REASONS  OF
   26  HEALTH  CERTIFIED  BY  AN  APPROPRIATE  HEALTH  CARE  PROFESSIONAL,  FOR
   27  EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES, OR  FOR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15465-01-2
       A. 10142                            2
    1  OTHER  GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT COMPLI-
    2  ANCE.
    3    (C) A LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERAPIST,
    4  PSYCHOANALYST,  AND  CREATIVE ARTS THERAPIST NOT ENGAGED IN PRACTICE, AS
    5  DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTIN-
    6  UING EDUCATION REQUIREMENT UPON THE  FILING  OF  A  STATEMENT  WITH  THE
    7  DEPARTMENT  DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE PRAC-
    8  TICE OF MENTAL HEALTH COUNSELING, MARRIAGE AND FAMILY  THERAPY,  PSYCHO-
    9  ANALYSIS,  OR  CREATIVE  ARTS  THERAPY DURING THE TRIENNIAL REGISTRATION
   10  PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO  REENTERING  THE  PROFESSION
   11  AND  SHALL  MEET  SUCH  MANDATORY  EDUCATION  REQUIREMENTS  AS  SHALL BE
   12  PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
   13    2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT  FOR  REGIS-
   14  TRATION AS A LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THER-
   15  APIST, PSYCHOANALYST, AND CREATIVE ARTS THERAPIST SHALL COMPLETE A MINI-
   16  MUM  OF  THIRTY-SIX  HOURS  OF ACCEPTABLE FORMAL CONTINUING EDUCATION AS
   17  SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION, A MAXIMUM OF TWELVE HOURS
   18  OF WHICH MAY BE SELF-INSTRUCTIONAL COURSE WORK ACCEPTABLE TO THE DEPART-
   19  MENT. ANY LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND  FAMILY  THERA-
   20  PIST,  PSYCHOANALYST,  AND CREATIVE ARTS THERAPIST WHOSE FIRST REGISTRA-
   21  TION DATE FOLLOWING THE EFFECTIVE DATE OF THIS SECTION OCCURS LESS  THAN
   22  THREE  YEARS  FROM  SUCH EFFECTIVE DATE, BUT ON OR AFTER JUNE THIRTIETH,
   23  TWO THOUSAND THIRTEEN, SHALL COMPLETE CONTINUING EDUCATION  HOURS  ON  A
   24  PRORATED  BASIS  AT  THE  RATE OF ONE-HALF HOUR PER MONTH FOR THE PERIOD
   25  BEGINNING JUNE THIRTIETH, TWO THOUSAND THIRTEEN UP TO THE  FIRST  REGIS-
   26  TRATION  DATE THEREAFTER. A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY
   27  CONTINUING EDUCATION REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGIS-
   28  TRATION CERTIFICATE BY THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS  AND
   29  UNTIL  A  CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR
   30  IN SUBDIVISION THREE OF THIS SECTION. CONTINUING EDUCATION  HOURS  TAKEN
   31  DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
   32    3.  THE  DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
   33  TRATION TO A  LICENSEE  WHO  FAILS  TO  MEET  THE  CONTINUING  EDUCATION
   34  REQUIREMENTS  ESTABLISHED  IN  SUBDIVISION  TWO  OF THIS SECTION BUT WHO
   35  AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
   36  WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL  REGIS-
   37  TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
   38  NIAL  REGISTRATION.  THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
   39  BE DETERMINED BY THE DEPARTMENT BUT  SHALL  NOT  EXCEED  ONE  YEAR.  ANY
   40  LICENSEE  WHO  IS  NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO
   41  SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED  CONTINUING
   42  EDUCATION  AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT TO
   43  DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED  TEN  OF
   44  THIS TITLE.
   45    4.  AS  USED  IN  SUBDIVISION  TWO OF THIS SECTION, "ACCEPTABLE FORMAL
   46  CONTINUING EDUCATION"  SHALL  MEAN  FORMAL  COURSES  OF  LEARNING  WHICH
   47  CONTRIBUTE   TO  PROFESSIONAL  PRACTICE  IN  MENTAL  HEALTH  COUNSELING,
   48  MARRIAGE AND FAMILY THERAPY, PSYCHOANALYSIS, OR  CREATIVE  ARTS  THERAPY
   49  AND  WHICH  MEET  THE STANDARDS PRESCRIBED BY REGULATIONS OF THE COMMIS-
   50  SIONER. SUCH FORMAL COURSES OF LEARNING SHALL INCLUDE, BUT NOT BE LIMIT-
   51  ED TO, COLLEGIATE LEVEL  CREDIT  AND  NON-CREDIT  COURSES,  PROFESSIONAL
   52  DEVELOPMENT  PROGRAMS  AND TECHNICAL SESSIONS OFFERED BY NATIONAL, STATE
   53  AND LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER  ORGANIZATIONS  ACCEPTABLE
   54  TO  THE  DEPARTMENT,  AND  ANY OTHER ORGANIZED EDUCATIONAL AND TECHNICAL
   55  PROGRAMS ACCEPTABLE TO  THE  DEPARTMENT.  THE  DEPARTMENT  MAY,  IN  ITS
   56  DISCRETION  AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF THE
       A. 10142                            3
    1  PUBLIC, REQUIRE  THE  COMPLETION  OF  CONTINUING  EDUCATION  COURSES  IN
    2  SPECIFIC   SUBJECTS  TO  FULFILL  THIS  MANDATORY  CONTINUING  EDUCATION
    3  REQUIREMENT. COURSES MUST BE  TAKEN  FROM  A  SPONSOR  APPROVED  BY  THE
    4  DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
    5    5.  LICENSED MENTAL HEALTH COUNSELORS, MARRIAGE AND FAMILY THERAPISTS,
    6  PSYCHOANALYSTS, AND CREATIVE ARTS  THERAPISTS  SHALL  MAINTAIN  ADEQUATE
    7  DOCUMENTATION  OF  COMPLETION  OF ACCEPTABLE FORMAL CONTINUING EDUCATION
    8  AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF  THE  DEPARTMENT.
    9  FAILURE TO PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF THE DEPARTMENT
   10  SHALL BE AN ACT OF MISCONDUCT SUBJECT TO DISCIPLINARY PROCEEDINGS PURSU-
   11  ANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   12    6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
   13  SHALL  BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
   14  TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
   15  FEE REQUIRED BY SECTION SIXTY-SEVEN HUNDRED THIRTY-FOUR OF THIS CHAPTER.
   16    S 2. Subdivision 1 of section 8402 of the education law, as  added  by
   17  chapter 676 of the laws of 2002, is amended to read as follows:
   18    1.  Definition  of the practice of mental health counseling. The prac-
   19  tice of the profession of mental health counseling is defined as:
   20    (a) the evaluation, assessment,  DIAGNOSIS,  amelioration,  treatment,
   21  modification,  or  adjustment  to  a disability, problem, or disorder of
   22  behavior, character, development, emotion, personality or  relationships
   23  by  the  use  of verbal or behavioral methods with individuals, couples,
   24  families or groups in private practice, group,  or  organized  settings;
   25  [and]
   26    (b) the use of assessment instruments and mental health counseling and
   27  psychotherapy to identify, evaluate, DIAGNOSE and treat dysfunctions and
   28  disorders for purposes of providing appropriate mental health counseling
   29  services; AND
   30    (C)  DIAGNOSIS  IN  THE  CONTEXT  OF LICENSED MENTAL HEALTH COUNSELING
   31  PRACTICE IS  THE  PROCESS  OF  DISTINGUISHING  BETWEEN  SIMILAR  MENTAL,
   32  EMOTIONAL,  BEHAVIORAL,  DEVELOPMENTAL, AND ADDICTIVE DISORDERS, IMPAIR-
   33  MENTS AND DISABILITIES WITHIN A PSYCHOSOCIAL FRAMEWORK ON THE  BASIS  OF
   34  THEIR  SIMILAR AND UNIQUE CHARACTERISTICS CONSISTENT WITH ACCEPTED CLAS-
   35  SIFICATION SYSTEMS.
   36    S 3. Subdivision 1 of section 8403 of the education law, as  added  by
   37  chapter 676  of the laws of 2002, is amended to read as follows:
   38    1.  Definition  of  the  practice  of marriage and family therapy. The
   39  practice of the profession of marriage and family therapy is defined as:
   40    (a) the assessment, DIAGNOSIS and  treatment  of  nervous  and  mental
   41  disorders,  whether affective, cognitive or behavioral, which results in
   42  dysfunctional interpersonal  family  relationships  including,  but  not
   43  limited   to   familial   relationships,  marital/couple  relationships,
   44  parent-child relationships, pre-marital  and  other  personal  relation-
   45  ships;
   46    (b) the use of mental health counseling, psychotherapy and therapeutic
   47  techniques  to  evaluate  and  treat  marital,  relational,  and  family
   48  systems, and individuals in relationship to these systems;
   49    (c) the use of mental health counseling  and  psychotherapeutic  tech-
   50  niques  to treat mental, emotional and behavioral disorders and ailments
   51  within the context of marital, relational and family systems to  prevent
   52  and ameliorate dysfunction; [and]
   53    (d) the use of assessment instruments and mental health counseling and
   54  psychotherapy  to  identify [and], evaluate, DIAGNOSE AND TREAT dysfunc-
   55  tions and disorders for purposes of providing appropriate  marriage  and
   56  family therapy services; AND
       A. 10142                            4
    1    (E)  DIAGNOSIS  IN THE CONTEXT OF LICENSED MARRIAGE AND FAMILY THERAPY
    2  PRACTICE IS  THE  PROCESS  OF  DISTINGUISHING  BETWEEN  SIMILAR  MENTAL,
    3  EMOTIONAL,  BEHAVIORAL,  DEVELOPMENTAL, AND ADDICTIVE DISORDERS, IMPAIR-
    4  MENTS AND DISABILITIES WITHIN A PSYCHOSOCIAL FRAMEWORK ON THE  BASIS  OF
    5  THEIR  SIMILAR AND UNIQUE CHARACTERISTICS CONSISTENT WITH ACCEPTED CLAS-
    6  SIFICATION SYSTEMS.
    7    S 4.  Subdivision 1 of section 8404 of the education law, as added  by
    8  chapter 676 of the laws of 2002, is amended to read as follows:
    9    1.  Definition  of the practice of creative arts therapy. The practice
   10  of the profession of creative arts therapy is defined as:
   11    (a) the assessment, evaluation, DIAGNOSIS and the  therapeutic  inter-
   12  vention  and treatment, which may be either primary, parallel or adjunc-
   13  tive, of  mental,  emotional,  developmental  and  behavioral  disorders
   14  through the use of the arts as approved by the department; [and]
   15    (b) the use of assessment instruments and mental health counseling and
   16  psychotherapy to identify, evaluate, DIAGNOSE and treat dysfunctions and
   17  disorders  for  purposes  of providing appropriate creative arts therapy
   18  services; AND
   19    (C) DIAGNOSIS IN THE CONTEXT OF LICENSED CREATIVE ARTS  THERAPY  PRAC-
   20  TICE IS THE PROCESS OF DISTINGUISHING BETWEEN SIMILAR MENTAL, EMOTIONAL,
   21  BEHAVIORAL,  DEVELOPMENTAL,  AND  ADDICTIVE  DISORDERS,  IMPAIRMENTS AND
   22  DISABILITIES WITHIN A PSYCHOSOCIAL FRAMEWORK ON THE BASIS OF THEIR SIMI-
   23  LAR AND UNIQUE CHARACTERISTICS CONSISTENT WITH  ACCEPTED  CLASSIFICATION
   24  SYSTEMS.
   25    S  5.  Subdivision 1 of section 8405 of the education law, as added by
   26  chapter 676 of the laws of 2002, is amended to read as follows:
   27    1. Definition of the practice of psychoanalysis.  The practice of  the
   28  profession of psychoanalysis is defined as:
   29    (a)  the  observation,  description, evaluation, [and] interpretation,
   30  DIAGNOSIS AND TREATMENT of dynamic  unconscious  mental  processes  that
   31  contribute  to  the  formation  of  personality and behavior in order to
   32  identify and resolve unconscious psychic problems which affect interper-
   33  sonal relationships and emotional development, to facilitate changes  in
   34  personality  and behavior through the use of verbal and nonverbal cogni-
   35  tive and emotional communication, and to develop  adaptive  functioning;
   36  [and]
   37    (b) the use of assessment instruments and mental health counseling and
   38  psychotherapy to identify, evaluate, DIAGNOSE and treat dysfunctions and
   39  disorders for purposes of providing appropriate psychoanalytic services;
   40  AND
   41    (C)  DIAGNOSIS  IN  THE CONTEXT OF LICENSED PSYCHOANALYSIS PRACTICE IS
   42  THE PROCESS OF DISTINGUISHING BETWEEN SIMILAR MENTAL, EMOTIONAL,  BEHAV-
   43  IORAL, DEVELOPMENTAL, AND ADDICTIVE DISORDERS, IMPAIRMENTS AND DISABILI-
   44  TIES  WITHIN  A PSYCHOSOCIAL FRAMEWORK ON THE BASIS OF THEIR SIMILAR AND
   45  UNIQUE CHARACTERISTICS CONSISTENT WITH ACCEPTED CLASSIFICATION SYSTEMS.
   46    S 6.   This act shall  take  effect  immediately;  provided,  however,
   47  section one of this act shall take effect June 30, 2013. Effective imme-
   48  diately, the addition, amendment and/or repeal of any rule or regulation
   49  necessary  for  the implementation of this act on its effective date are
   50  authorized and directed to be made and completed by the state  education
   51  department.
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