Bill Text: NY S01423 | 2019-2020 | General Assembly | Introduced

Bill Title: Provides for the licensure of school psychologists; authorizes the use of the title "school psychologist" to licensed or exempt individuals; defines practice of school psychology; 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: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-03-06 - RECOMMIT, ENACTING CLAUSE STRICKEN [S01423 Detail]

Download: New_York-2019-S01423-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 14, 2019
        Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Higher Education
        AN ACT to amend the education  law  and  the  social  services  law,  in
          relation  to  the  practice  of  school psychology, and establishing a
          pilot program of multi-tiered system of support model of substance use
          prevention and intervention
          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 that
     2  while significant steps have been taken through legislation to implement
     3  the  recommendations  of  executive  and  legislative task forces in the
     4  joint effort to combat the heroin and opioid crises in New  York  state,
     5  much  more  must  be  done  to  identify risk factors, develop community
     6  response and support strategies and to increase access to treatment.
     7    The legislature intends to build on the initial aggressive efforts  of
     8  the executive and legislative by recognizing the significant role mental
     9  and  behavioral  health  professionals  play  in identifying the warning
    10  signs of heroin and opioid addiction in our children and the maladaptive
    11  behaviors  that  lead  to  early  drug  use  and  ultimately  abuse  and
    12  addiction.  The  legislature  recognizes  that certified school psychol-
    13  ogists are uniquely  qualified  to  identify  the  risk  and  protective
    14  factors, coupled with adverse childhood experiences which constitute the
    15  drug  abuse  process.  However,  these  highly  trained  specialists are
    16  constrained to provide vital services to the school  setting  only.  The
    17  legislature  finds  that  the  state's mission to address the heroin and
    18  opioid crises in the state will be advanced  through  the  licensure  of
    19  school  psychologists  and  the  meaningful involvement of these trained
    20  practitioners in the development of a school and community based strate-
    21  gy of response and support.
    22    § 2. The education law is amended by adding a  new  article  166-A  to
    23  read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 1423                             2
     1                                ARTICLE 166-A
     2                              SCHOOL PSYCHOLOGY
     3  Section 8720. Introduction.
     4          8721. Practice of school psychology and use of the title "school
     5                  psychologist".
     6          8722. Definition of the practice of school psychology.
     7          8723. Requirements for a professional license.
     8          8724. Boundaries of professional competency.
     9          8725. Limited permits.
    10          8726. Exemptions.
    11          8727. Special provisions.
    12    § 8720. Introduction. This article applies to the profession and prac-
    13  tice  of school  psychology and to the use of the title "licensed school
    14  psychologist".  The general provisions for all professions contained  in
    15  article one hundred thirty of this title apply to this article.
    16    §  8721.  Practice  of  school psychology and use of the title "school
    17  psychologist".   Only a person licensed or  exempt  under  this  article
    18  shall  practice  school  psychology  or  use  the title "licensed school
    19  psychologist".
    20    § 8722. Definition of the practice of school psychology. The  practice
    21  of school psychology is:
    22    1.  the  assessment,  including  psycho-educational, developmental and
    23  vocational  assessment, evaluation and interpretation  of  intelligence,
    24  cognitive   processes,  aptitudes,    interests,  academic  achievement,
    25  adjustment, personality factors and motivations,  or  any  other  attri-
    26  butes, to individuals or groups of individuals aged birth to twenty-five
    27  years that relate to learning, education or adjustment needs;
    28    2.   the   development  and  implementation  of  educationally-related
    29  psychotherapeutic and behavioral approaches to increase  school  adjust-
    30  ment  and  academic  success,  counseling  and  interpretive services to
    31  reduce education-related problems including, but not limited to,  verbal
    32  interaction,  interviewing, behavior techniques, developmental and voca-
    33  tional intervention, environmental management and group processes;
    34    3. consultation with representatives of schools, agencies  and  organ-
    35  izations,  families or individuals, including psycho-educational, devel-
    36  opmental and vocational   assistance  or  direct  educational  services,
    37  related  to  learning  problems and adjustments to those problems to the
    38  benefit of an individual or group of individuals age  birth  to  twenty-
    39  five years; and
    40    4.  the  development of programming, including designing, implementing
    41  or evaluating educationally and psychologically sound learning  environ-
    42  ments and the facilitation of psycho-educational development of individ-
    43  uals, families or groups.
    44    §  8723.    Requirements  for a professional license. To qualify for a
    45  license as a licensed school psychologist, an  applicant  shall  fulfill
    46  the following requirements:
    47    1. Application: File an application with the department;
    48    2.  Education:  Complete a minimum of sixty graduate semester hours in
    49  psychology credits including a master's degree and fulfill the  require-
    50  ments  of an advanced certificate in school psychology or its equivalent
    51  or doctoral degree in school psychology from a program registered by the
    52  department, or determined by the department to be the substantial equiv-
    53  alent in accordance with the commissioner's regulations.   The  graduate
    54  coursework shall include, but not be limited to, the following areas:
    55    (i) biological, social and cultural bases of development;
    56    (ii) psychopathology and exceptionality in learning and behavior;

        S. 1423                             3
     1    (iii)  assessment  and  appraisal  of  learners  in  home  and  school
     2  contexts;
     3    (iv)  consultation  and  collaboration in family, school and community
     4  systems;
     5    (v) effective instruction and development of  cognitive  and  academic
     6  skills;
     7    (vi)  prevention  and  treatment of behavioral and emotional disorders
     8  and deficits;
     9    (vii) school organization, curriculum, policy and law;
    10    (viii) research and program evaluation;
    11    (ix) profession and ethical practice of psychology in schools; and
    12    (x) completion of a  twelve  hundred  hour  supervised  internship  in
    13  school  psychology, with no less than six hundred hours completed within
    14  a school setting.
    15    3. Experience: Complete a minimum of two thousand four  hundred  hours
    16  of  post-master's  supervised  experience  relevant  to  the practice of
    17  school psychology satisfactory to the board and in accordance  with  the
    18  commissioner's regulations, such supervised experience which may include
    19  one  thousand two hundred hours completed as part of a program in school
    20  psychology. Satisfactory experience  obtained  in  an  entity  operating
    21  under  a  waiver issued by the department pursuant to section sixty-five
    22  hundred three-a of  this  title  may  be  accepted  by  the  department,
    23  notwithstanding that such experience may have been obtained prior to the
    24  effective  date  of such section sixty-five hundred three-a and/or prior
    25  to the entity having obtained a waiver. The  department  may,  for  good
    26  cause  shown,  accept  satisfactory  experience  that  was obtained in a
    27  setting that would have been eligible for a waiver  but  which  has  not
    28  obtained a waiver from the department or experience that was obtained in
    29  good  faith  by the applicant under the belief that appropriate authori-
    30  zation had been obtained for the experience, provided that such  experi-
    31  ence meets all other requirements for acceptable experience;
    32    4.  Examination:  Pass an examination satisfactory to the board and in
    33  accordance with the commissioner's regulations;
    34    5. Age: Be at least twenty-one years of age;
    35    6. Character: Be of good moral character as determined by the  depart-
    36  ment; and
    37    7.  Fees: Pay a fee of one hundred seventy-five dollars to the depart-
    38  ment for admission to a department  conducted  examination  and  for  an
    39  initial license and a fee of one hundred seventy dollars for each trien-
    40  nial registration period.
    41    §  8724. Boundaries of professional competency. 1.  It shall be deemed
    42  practicing outside the boundaries of his or her professional  competence
    43  for a person licensed pursuant to this article, in the case of treatment
    44  of  any  serious  mental illness, to provide  any mental health services
    45  for such illness on a continuous and sustained basis without a   medical
    46  evaluation of the illness by, and consultation with, a physician regard-
    47  ing such  illness.  Such medical evaluation and consultation shall be to
    48  determine  and  advise  whether  any  medical care is indicated for such
    49  illness. For purposes of this section,  "serious mental  illness"  means
    50  schizophrenia,   schizoaffective  disorder,  bipolar  disorder,    major
    51  depressive disorder, panic disorder and  obsessive-compulsive  disorder.
    52  Nothing  in  this section shall be construed to prevent, limit or impair
    53  consultation with any other health or mental health professional.  Noth-
    54  ing herein contained shall limit, modify, restrict or  otherwise  affect
    55  the  definition  of  the  practice  of  school psychology as provided in
    56  section eighty-seven hundred twenty-two of this article.

        S. 1423                             4
     1    2. Any individual whose license or authority to practice derives  from
     2  the provisions of this article shall be prohibited from:
     3    (a) prescribing or administering drugs as defined in this chapter as a
     4  treatment,  therapy,  or  professional service in the practice of his or
     5  her profession; or
     6    (b) using invasive procedures as a treatment, therapy, or professional
     7  service in the practice of his or her profession. For purposes  of  this
     8  subdivision,  "invasive  procedure"  means  any procedure in which human
     9  tissue is cut, altered, or otherwise infiltrated by mechanical or  other
    10  means.  Invasive procedure includes surgery, lasers, ionizing radiation,
    11  therapeutic ultrasound, or electroconvulsive therapy; or
    12    (c)  engaging  in  dual  setting  practice,  or  otherwise offering or
    13  providing private practice services to a student of a school or  special
    14  education  program where the practitioner is currently employed or under
    15  contract with such school or program.
    16    3. Nothing in this article shall be  deemed  to  authorize,  grant  or
    17  extend hospital privileges to individuals licensed under this article.
    18    § 8725. Limited permits.  1. The department may issue a limited permit
    19  to an applicant whose qualifications have been approved for admission to
    20  the examination in accordance with regulations promulgated therefor.
    21    2.  Limited  permits  shall  be  for  one  year and be renewed, at the
    22  discretion of the department, for one additional year.
    23    3. The fee for each limited permit  and  for  each  renewal  shall  be
    24  seventy dollars.
    25    §  8726.  Exemptions.  Nothing  contained  in  this  article  shall be
    26  construed to:
    27    1. apply to the practice, conduct, activities, services or use of  any
    28  title  by  any person licensed or otherwise authorized to practice medi-
    29  cine within the state pursuant to article one hundred thirty-one of this
    30  title or by any person registered to perform  services  as  a  physician
    31  assistant  within the state pursuant to article one hundred thirty-one-B
    32  of this title or by any person licensed or otherwise authorized to prac-
    33  tice psychology within  this  state  pursuant  to  article  one  hundred
    34  fifty-three of this title or by any person licensed or otherwise author-
    35  ized  to practice as a licensed clinical social worker within this state
    36  pursuant to article one hundred fifty-four of  this  title,  or  by  any
    37  person  licensed or otherwise authorized to practice nursing as a regis-
    38  tered professional nurse within this state  pursuant    to  article  one
    39  hundred  thirty-nine  of this title, or by any person licensed or other-
    40  wise authorized to practice mental health counseling, marriage and fami-
    41  ly therapy, creative  arts therapy, or psychoanalysis within the  state,
    42  or  by  any  person licensed or otherwise authorized to practice applied
    43  behavior analysis within the state pursuant to this  article;  provided,
    44  however,  that  no  physician, physician's assistant, registered profes-
    45  sional nurse, psychologist, licensed clinical  social  worker,  licensed
    46  mental   health  counselor,  licensed  marriage  and  family  therapist,
    47  licensed creative arts therapist,  licensed  psychoanalyst  or  licensed
    48  applied  behavior  analyst  may use the title unless licensed under this
    49  article;
    50    2. prohibit or limit any individual who is credentialed under any law,
    51  including attorneys, rape crisis counselors, certified alcoholism  coun-
    52  selors  and  certified  substance abuse counselors from providing mental
    53  health services within their respective established authorities;
    54    3. prohibit or limit the  practice of a profession  licensed  pursuant
    55  to this article by a student, intern or resident in, and as a part of, a

        S. 1423                             5
     1  supervised educational program in an institution approved by the depart-
     2  ment;
     3    4.  prohibit or limit the provision of pastoral counseling services by
     4  any member of the clergy or Christian Science practitioner,  within  the
     5  context of his or her ministerial  charge or obligation;
     6    5.  prohibit or limit individuals, churches, schools, teachers, organ-
     7  izations, or  not-for-profit  businesses,  from  providing  instruction,
     8  advice, support, encouragement, or information to individuals, families,
     9  and relational groups;
    10    6.  prohibit  or  limit an occupational therapist from performing work
    11  consistent with article one hundred fifty-six of this title; or
    12    7. affect or prevent the activities or  services  on  the  part  of  a
    13  person  in  the employ of a federal, state, county, or municipal agency,
    14  other political subdivision, or  a  chartered  elementary  or  secondary
    15  school or degree-granting educational institution insofar as such activ-
    16  ities  and  services  are a part of the duties of such person's salaried
    17  position.
    18    § 8727. Special provisions. 1. Any  nonexempt  person  practicing  the
    19  profession  of  school  psychology  shall  apply  for  a license of such
    20  profession within one year of the effective date of this section.
    21    (a) If such person does not meet the requirements for a license estab-
    22  lished within this article, such person may  meet  alternative  criteria
    23  determined  by  the  department to be the substantial equivalent of such
    24  criteria.
    25    (b) If such person meets the requirements for  a  license  established
    26  within  this  article, except for examination, and has been certified or
    27  registered by a national certifying or registering body  having  certif-
    28  ication  or  registration standards acceptable to  the commissioner, the
    29  department shall license without examination.
    30    2. Notwithstanding the requirements of  section  eighty-seven  hundred
    31  twenty-three of this article, and for a period of time not to exceed two
    32  years  from  the  effective  date  of this article, an individual may be
    33  licensed as a school psychologist provided such person has either:
    34    (a) met the educational requirements as defined in section eighty-sev-
    35  en hundred twenty-three of this article and performed the  duties  of  a
    36  school  psychologist as authorized by article one hundred fifty-three of
    37  this title or any other provision of law, for two of the past five years
    38  prior to the effective date of this article; or
    39    (b) performed the duties of a school  psychologist  as  authorized  by
    40  article  one hundred fifty-three of this title or any other provision of
    41  law, for at least five years prior to the effective date of  this  arti-
    42  cle.
    43    3. Any person licensed pursuant to this article may use accepted codes
    44  and  classifications  of signs, symptoms, dysfunctions and disorders, as
    45  approved in accordance with regulations  promulgated by the  department,
    46  in the practice of such licensed profession.
    47    4.  Nothing in this article shall be deemed to alter, modify or affect
    48  the provisions of section three thousand twelve or  twenty-five  hundred
    49  ten  of  this  chapter or otherwise affect the certification of a school
    50  psychologist.
    51    § 3. Paragraph a of subdivision 3 of section  6507  of  the  education
    52  law,  as  amended by chapter 554 of the laws of 2013, is amended to read
    53  as follows:
    54    a. Establish standards for preprofessional and professional education,
    55  experience and licensing examinations as required to implement the arti-
    56  cle for each profession. Notwithstanding any other provision of law, the

        S. 1423                             6
     1  commissioner shall establish standards requiring that all persons apply-
     2  ing, on or after January first, nineteen hundred ninety-one,  initially,
     3  or for the renewal of, a license, registration or limited permit to be a
     4  physician,  chiropractor, dentist, registered nurse, podiatrist, optome-
     5  trist,  psychiatrist,  psychologist,   licensed   school   psychologist,
     6  licensed master social worker, licensed clinical social worker, licensed
     7  creative   arts  therapist,  licensed  marriage  and  family  therapist,
     8  licensed mental health counselor, licensed psychoanalyst, dental hygien-
     9  ist, licensed behavior analyst, or certified behavior analyst  assistant
    10  shall,  in  addition to all the other licensure, certification or permit
    11  requirements, have completed two hours of coursework or training regard-
    12  ing the identification and reporting of child  abuse  and  maltreatment.
    13  The  coursework  or  training  shall  be obtained from an institution or
    14  provider which has been approved  by  the  department  to  provide  such
    15  coursework  or training. The coursework or training shall include infor-
    16  mation regarding the physical and behavioral indicators of  child  abuse
    17  and  maltreatment  and  the  statutory reporting requirements set out in
    18  sections four hundred thirteen through four hundred twenty of the social
    19  services law, including but not limited to, when and how a  report  must
    20  be  made,  what  other actions the reporter is mandated or authorized to
    21  take, the legal protections afforded reporters, and the consequences for
    22  failing to report. Such coursework or training may also include informa-
    23  tion regarding the physical and behavioral indicators of  the  abuse  of
    24  individuals  with [mental retardation and other] developmental disabili-
    25  ties and voluntary reporting of abused or neglected adults to the office
    26  [of mental retardation and] for people with  developmental  disabilities
    27  or  the  local  adult  protective  services  unit.  Each applicant shall
    28  provide the department with documentation showing that  he  or  she  has
    29  completed  the  required  training.  The  department  shall  provide  an
    30  exemption from the child abuse and maltreatment training requirements to
    31  any applicant who requests such an  exemption  and  who  shows,  to  the
    32  department's  satisfaction,  that  there would be no need because of the
    33  nature of his or her practice for him or her to complete such training;
    34    § 4. Section 7602 of the education law, as added by chapter 987 of the
    35  laws of 1971, is amended to read as follows:
    36    § 7602. State board for psychology.   A  state  board  for  psychology
    37  shall  be  appointed  by  the  board of regents on recommendation of the
    38  commissioner for the purpose of assisting the board of regents  and  the
    39  department on matters of professional licensing and professional conduct
    40  in  accordance with section sixty-five hundred eight of this title.  The
    41  board shall be composed of not less than eleven [psychologists  licensed
    42  in  this  state]  members,  a  number  of  whom shall be licensed school
    43  psychologists sufficient to assure  meaningful  participation  in  board
    44  activities.    An executive secretary to the board shall be appointed by
    45  the board of regents upon the recommendation  of  the  commissioner  and
    46  shall be a psychologist, licensed in this state.
    47    §  5.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
    48  services law, as amended by section 7 of part C of  chapter  57  of  the
    49  laws of 2018, is amended to read as follows:
    50    (a)  The  following  persons  and  officials are required to report or
    51  cause a report to be made in accordance with this title when  they  have
    52  reasonable  cause  to  suspect  that a child coming before them in their
    53  professional or official capacity is an abused or maltreated  child,  or
    54  when  they have reasonable cause to suspect that a child is an abused or
    55  maltreated child where the parent, guardian, custodian or  other  person
    56  legally  responsible  for  such child comes before them in their profes-

        S. 1423                             7
     1  sional or official capacity and states from  personal  knowledge  facts,
     2  conditions or circumstances which, if correct, would render the child an
     3  abused  or maltreated child: any physician; registered physician assist-
     4  ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
     5  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
     6  psychologist;  licensed  school  psychologist;  registered nurse; social
     7  worker; emergency medical technician; licensed creative arts  therapist;
     8  licensed  marriage  and family therapist; licensed mental health counse-
     9  lor; licensed psychoanalyst; licensed behavior analyst; certified behav-
    10  ior analyst assistant; hospital  personnel  engaged  in  the  admission,
    11  examination,  care  or treatment of persons; a Christian Science practi-
    12  tioner; school official, which includes but is  not  limited  to  school
    13  teacher,  school  guidance counselor, school psychologist, school social
    14  worker, school nurse, school administrator  or  other  school  personnel
    15  required  to  hold  a teaching or administrative license or certificate;
    16  full or part-time compensated school employee required to hold a  tempo-
    17  rary  coaching  license  or  professional  coaching  certificate; social
    18  services worker; employee of a  publicly-funded  emergency  shelter  for
    19  families  with children; director of a children's overnight camp, summer
    20  day camp or traveling summer day camp, as  such  camps  are  defined  in
    21  section  thirteen  hundred ninety-two of the public health law; day care
    22  center worker; school-age child care worker; provider of family or group
    23  family day care; employee or volunteer in a  residential  care  facility
    24  for  children  that  is licensed, certified or operated by the office of
    25  children and family services; or any other child  care  or  foster  care
    26  worker;  mental health professional; substance abuse counselor; alcohol-
    27  ism counselor; all persons credentialed by the office of alcoholism  and
    28  substance  abuse  services;  employees, who are expected to have regular
    29  and substantial contact with children, of a health home or  health  home
    30  care  management  agency contracting with a health home as designated by
    31  the department of health and  authorized  under  section  three  hundred
    32  sixty-five-l  of  this  chapter  or  such employees who provide home and
    33  community based services  under  a  demonstration  program  pursuant  to
    34  section  eleven  hundred  fifteen of the federal social security act who
    35  are expected to have regular  and  substantial  contact  with  children;
    36  peace  officer;  police officer; district attorney or assistant district
    37  attorney; investigator employed in the office of a district attorney; or
    38  other law enforcement official.
    39    § 6. The education department,  the  office  of  children  and  family
    40  services,  the  office of mental health and the office of alcoholism and
    41  substance abuse services are hereby directed to establish a multi-tiered
    42  system of support (MTSS) model of substance use  prevention  and  inter-
    43  vention  utilizing  tiered  levels  of  primary  prevention services and
    44  secondary and tertiary intervention services and to pilot such model  in
    45  communities  with occurrences of heroin and opioid addiction in children
    46  under the age of twenty-five in New York  state.  Such  model  shall  be
    47  designed  with  the  meaningful  participation  of mental and behavioral
    48  health practitioners whose training focuses on  the  needs  of  children
    49  under  the  age  of  twenty-five  including,  but not limited to, school
    50  psychologists, such practitioners being uniquely qualified to  implement
    51  the  model  to the fullest extent possible. Such pilot shall be designed
    52  for implementation by September 1, 2020.
    53    § 7. Subparagraph (i) of paragraph  a  of  subdivision  1  of  section
    54  6503-a  of  the  education law, as amended by chapter 554 of the laws of
    55  2013, is amended to read as follows:

        S. 1423                             8
     1    (i) services  provided  under  article  one  hundred  fifty-four,  one
     2  hundred  sixty-three [or], one hundred sixty-seven or one hundred sixty-
     3  six-A of this title for which licensure would be required, or
     4    § 8. Severability. If any clause, sentence, paragraph, section or part
     5  of  this act shall be adjudged by any court of competent jurisdiction to
     6  be invalid, the judgment shall not affect,  impair,  or  invalidate  the
     7  remainder thereof, but shall be confined in its operation to the clause,
     8  sentence,  paragraph,  section  or part thereof directly involved in the
     9  controversy in which the judgment shall have been rendered.
    10    § 9. This act shall take effect twelve  months  after  it  shall  have
    11  become  a law; provided, however, that effective immediately the depart-
    12  ment of education is authorized to promulgate  any  and  all  rules  and
    13  regulations  and  take any other measure necessary to implement this act
    14  on or before its effective date, including,  but  not  limited  to,  the
    15  appointment  of the state board for psychology, the acceptance and proc-
    16  essing of applications for licensure and the issuance of  licenses;  and
    17  provided, further, that the provisions of article 166-A of the education
    18  law, as added by section two of this act, requiring a license or limited
    19  permit  to practice under such article shall not be enforced until twen-
    20  ty-four months after the effective date of this act.