Bill Text: NY S04347 | 2021-2022 | General Assembly | Amended
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: Bipartisan Bill
Status: (Engrossed - Dead) 2022-05-23 - referred to higher education [S04347 Detail]
Download: New_York-2021-S04347-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4347--B Cal. No. 1237 2021-2022 Regular Sessions IN SENATE February 3, 2021 ___________ Introduced by Sens. BROUK, HOYLMAN, MARTUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Higher Education in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, amended on second report, ordered to a third reading, and to be reprinted as amended, retaining its place in the order of third reading 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 a multi-tiered system of support to address the social and emotional needs of students 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 to address the social and 3 emotional needs of students that have been intensified by the COVID-19 4 pandemic, much more must be done to identify risk factors, develop 5 community response and support strategies and to increase access to 6 mental health services. 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 social and emotional distress in our children and the maladap- 11 tive behaviors that contribute to mental health crises and suicide. The 12 legislature recognizes that certified school psychologists are uniquely 13 qualified to identify the risk and protective factors, coupled with 14 adverse childhood experiences which contribute to the intensified mental 15 health needs in children during the isolation of the COVID-19 pandemic. 16 However, these highly trained specialists are constrained to provide EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00531-06-2S. 4347--B 2 1 vital services to the school setting only, despite many school psychol- 2 ogists successfully working with students virtually outside of the 3 school setting during the COVID-19 pandemic, a time when students were 4 in great need of support. The legislature finds that the state's 5 mission to address the ever-growing social and emotional needs of 6 students, which have only been intensified by the COVID-19 pandemic, 7 will be advanced through the licensure of school psychologists and the 8 meaningful involvement of these trained practitioners in the development 9 of a school and community based strategy of response and support. 10 § 2. The education law is amended by adding a new article 166-A to 11 read as follows: 12 ARTICLE 166-A 13 SCHOOL PSYCHOLOGY 14 Section 8720. Introduction. 15 8721. Practice of school psychology and use of the title "school 16 psychologist". 17 8722. Definition of the practice of school psychology. 18 8723. Requirements for a professional license. 19 8724. Boundaries of professional competency. 20 8725. Limited permits. 21 8726. Exemptions. 22 8727. Special provisions. 23 § 8720. Introduction. This article applies to the profession and prac- 24 tice of school psychology and to the use of the title "licensed school 25 psychologist". The general provisions for all professions contained in 26 article one hundred thirty of this title apply to this article. 27 § 8721. Practice of school psychology and use of the title "school 28 psychologist". Only a person licensed or exempt under this article 29 shall practice school psychology or use the title "licensed school 30 psychologist". 31 § 8722. Definition of the practice of school psychology. The practice 32 of school psychology is: 33 1. the assessment, including psycho-educational, developmental and 34 vocational assessment, evaluation and interpretation of intelligence, 35 cognitive processes, aptitudes, interests, academic achievement, 36 adjustment, personality factors and motivations, or any other attri- 37 butes, to individuals or groups of individuals aged birth to twenty-five 38 years that relate to learning, education or adjustment needs; 39 2. the development and implementation of educationally-related 40 psychotherapeutic and behavioral approaches to increase school adjust- 41 ment and academic success, counseling and interpretive services to 42 reduce education-related problems including, but not limited to, verbal 43 interaction, interviewing, behavior techniques, developmental and voca- 44 tional intervention, environmental management and group processes; 45 3. consultation with representatives of schools, agencies and organ- 46 izations, families or individuals, including psycho-educational, devel- 47 opmental and vocational assistance or direct educational services, 48 related to learning problems and adjustments to those problems to the 49 benefit of an individual or group of individuals age birth to twenty- 50 five years; and 51 4. the development of programming, including designing, implementing 52 or evaluating educationally and psychologically sound learning environ- 53 ments and the facilitation of psycho-educational development of individ- 54 uals, families or groups.S. 4347--B 3 1 § 8723. Requirements for a professional license. To qualify for a 2 license as a licensed school psychologist, an applicant shall fulfill 3 the following requirements: 4 1. Application: File an application with the department; 5 2. Education: Complete a minimum of sixty graduate semester hours in 6 psychology credits including a master's degree and fulfill the require- 7 ments of an advanced certificate in school psychology or its equivalent 8 or doctoral degree in school psychology from a program registered by the 9 department, or determined by the department to be the substantial equiv- 10 alent in accordance with the commissioner's regulations. The graduate 11 coursework shall include, but not be limited to, the following areas: 12 (i) biological, social and cultural bases of development; 13 (ii) psychopathology and exceptionality in learning and behavior; 14 (iii) assessment and appraisal of learners in home and school 15 contexts; 16 (iv) consultation and collaboration in family, school and community 17 systems; 18 (v) effective instruction and development of cognitive and academic 19 skills; 20 (vi) prevention and treatment of behavioral and emotional disorders 21 and deficits; 22 (vii) school organization, curriculum, policy and law; 23 (viii) research and program evaluation; 24 (ix) profession and ethical practice of psychology in schools; and 25 (x) completion of a twelve hundred hour supervised internship in 26 school psychology, with no less than six hundred hours completed within 27 a school setting. 28 3. Experience: Complete a minimum of two thousand four hundred hours 29 of post-master's supervised experience relevant to the practice of 30 school psychology satisfactory to the board and in accordance with the 31 commissioner's regulations, such supervised experience which may include 32 one thousand two hundred hours completed as part of a program in school 33 psychology. Satisfactory experience obtained in an entity operating 34 under a waiver issued by the department pursuant to section sixty-five 35 hundred three-a of this title may be accepted by the department, 36 notwithstanding that such experience may have been obtained prior to the 37 effective date of such section sixty-five hundred three-a and/or prior 38 to the entity having obtained a waiver. The department may, for good 39 cause shown, accept satisfactory experience that was obtained in a 40 setting that would have been eligible for a waiver but which has not 41 obtained a waiver from the department or experience that was obtained in 42 good faith by the applicant under the belief that appropriate authori- 43 zation had been obtained for the experience, provided that such experi- 44 ence meets all other requirements for acceptable experience; 45 4. Examination: Pass an examination satisfactory to the board and in 46 accordance with the commissioner's regulations; 47 5. Age: Be at least twenty-one years of age; 48 6. Character: Be of good moral character as determined by the depart- 49 ment; and 50 7. Fees: Pay a fee of one hundred seventy-five dollars to the depart- 51 ment for admission to a department conducted examination and for an 52 initial license and a fee of one hundred seventy dollars for each trien- 53 nial registration period. 54 § 8724. Boundaries of professional competency. 1. It shall be deemed 55 practicing outside the boundaries of his or her professional competence 56 for a person licensed pursuant to this article, in the case of treatmentS. 4347--B 4 1 of any serious mental illness, to provide any mental health services 2 for such illness on a continuous and sustained basis without a medical 3 evaluation of the illness by, and consultation with, a physician regard- 4 ing such illness. Such medical evaluation and consultation shall be to 5 determine and advise whether any medical care is indicated for such 6 illness. For purposes of this section, "serious mental illness" means 7 schizophrenia, schizoaffective disorder, bipolar disorder, major 8 depressive disorder, panic disorder and obsessive-compulsive disorder. 9 Nothing in this section shall be construed to prevent, limit or impair 10 consultation with any other health or mental health professional. Noth- 11 ing herein contained shall limit, modify, restrict or otherwise affect 12 the definition of the practice of school psychology as provided in 13 section eighty-seven hundred twenty-two of this article. 14 2. Any individual whose license or authority to practice derives from 15 the provisions of this article shall be prohibited from: 16 (a) prescribing or administering drugs as defined in this chapter as a 17 treatment, therapy, or professional service in the practice of his or 18 her profession; or 19 (b) using invasive procedures as a treatment, therapy, or professional 20 service in the practice of his or her profession. For purposes of this 21 subdivision, "invasive procedure" means any procedure in which human 22 tissue is cut, altered, or otherwise infiltrated by mechanical or other 23 means. Invasive procedure includes surgery, lasers, ionizing radiation, 24 therapeutic ultrasound, or electroconvulsive therapy; or 25 (c) engaging in dual setting practice, or otherwise offering or 26 providing private practice services to a student of a school or special 27 education program where the practitioner is currently employed or under 28 contract with such school or program. 29 3. Nothing in this article shall be deemed to authorize, grant or 30 extend hospital privileges to individuals licensed under this article. 31 § 8725. Limited permits. 1. The department may issue a limited permit 32 to an applicant whose qualifications have been approved for admission to 33 the examination in accordance with regulations promulgated therefor. 34 2. Limited permits shall be for one year and be renewed, at the 35 discretion of the department, for one additional year. 36 3. The fee for each limited permit and for each renewal shall be 37 seventy dollars. 38 § 8726. Exemptions. Nothing contained in this article shall be 39 construed to: 40 1. apply to the practice, conduct, activities, services or use of any 41 title by any person licensed or otherwise authorized to practice medi- 42 cine within the state pursuant to article one hundred thirty-one of this 43 title or by any person registered to perform services as a physician 44 assistant within the state pursuant to article one hundred thirty-one-B 45 of this title or by any person licensed or otherwise authorized to prac- 46 tice psychology within this state pursuant to article one hundred 47 fifty-three of this title or by any person licensed or otherwise author- 48 ized to practice as a licensed clinical social worker within this state 49 pursuant to article one hundred fifty-four of this title, or by any 50 person licensed or otherwise authorized to practice nursing as a regis- 51 tered professional nurse within this state pursuant to article one 52 hundred thirty-nine of this title, or by any person licensed or other- 53 wise authorized to practice mental health counseling, marriage and fami- 54 ly therapy, creative arts therapy, or psychoanalysis within the state, 55 or by any person licensed or otherwise authorized to practice applied 56 behavior analysis within the state pursuant to this article; provided,S. 4347--B 5 1 however, that no physician, physician's assistant, registered profes- 2 sional nurse, psychologist, licensed clinical social worker, licensed 3 mental health counselor, licensed marriage and family therapist, 4 licensed creative arts therapist, licensed psychoanalyst or licensed 5 applied behavior analyst may use the title unless licensed under this 6 article; 7 2. prohibit or limit any individual who is credentialed under any law, 8 including attorneys, rape crisis counselors, certified alcoholism coun- 9 selors and certified substance abuse counselors from providing mental 10 health services within their respective established authorities; 11 3. prohibit or limit the practice of a profession licensed pursuant 12 to this article by a student, intern or resident in, and as a part of, a 13 supervised educational program in an institution approved by the depart- 14 ment; 15 4. prohibit or limit the provision of pastoral counseling services by 16 any member of the clergy or Christian Science practitioner, within the 17 context of his or her ministerial charge or obligation; 18 5. prohibit or limit individuals, churches, schools, teachers, organ- 19 izations, or not-for-profit businesses, from providing instruction, 20 advice, support, encouragement, or information to individuals, families, 21 and relational groups; 22 6. prohibit or limit an occupational therapist from performing work 23 consistent with article one hundred fifty-six of this title; or 24 7. affect or prevent the activities or services on the part of a 25 person in the employ of a federal, state, county, or municipal agency, 26 other political subdivision, or a chartered elementary or secondary 27 school or degree-granting educational institution insofar as such activ- 28 ities and services are a part of the duties of such person's salaried 29 position. 30 § 8727. Special provisions. 1. Any nonexempt person practicing the 31 profession of school psychology shall apply for a license of such 32 profession within one year of the effective date of this section. 33 (a) If such person does not meet the requirements for a license estab- 34 lished within this article, such person may meet alternative criteria 35 determined by the department to be the substantial equivalent of such 36 criteria. 37 (b) If such person meets the requirements for a license established 38 within this article, except for examination, and has been certified or 39 registered by a national certifying or registering body having certif- 40 ication or registration standards acceptable to the commissioner, the 41 department shall license without examination. 42 2. Notwithstanding the requirements of section eighty-seven hundred 43 twenty-three of this article, and for a period of time not to exceed two 44 years from the effective date of this article, an individual may be 45 licensed as a school psychologist provided such person has either: 46 (a) met the educational requirements as defined in section eighty-sev- 47 en hundred twenty-three of this article and performed the duties of a 48 school psychologist as authorized by article one hundred fifty-three of 49 this title or any other provision of law, for two of the past five years 50 prior to the effective date of this article; or 51 (b) performed the duties of a school psychologist as authorized by 52 article one hundred fifty-three of this title or any other provision of 53 law, for at least five years prior to the effective date of this arti- 54 cle. 55 3. Any person licensed pursuant to this article may use accepted codes 56 and classifications of signs, symptoms, dysfunctions and disorders, asS. 4347--B 6 1 approved in accordance with regulations promulgated by the department, 2 in the practice of such licensed profession. 3 4. Nothing in this article shall be deemed to alter, modify or affect 4 the provisions of section three thousand twelve or twenty-five hundred 5 ten of this chapter or otherwise affect the certification of a school 6 psychologist. 7 § 3. Paragraph a of subdivision 3 of section 6507 of the education 8 law, as amended by chapter 672 of the laws of 2019, is amended to read 9 as follows: 10 a. Establish standards for preprofessional and professional education, 11 experience and licensing examinations as required to implement the arti- 12 cle for each profession. Notwithstanding any other provision of law, the 13 commissioner shall establish standards requiring that all persons apply- 14 ing, on or after January first, nineteen hundred ninety-one, initially, 15 or for the renewal of, a license, registration or limited permit to be a 16 physician, chiropractor, dentist, registered nurse, podiatrist, optome- 17 trist, psychiatrist, psychologist, licensed school psychologist, 18 licensed master social worker, licensed clinical social worker, licensed 19 creative arts therapist, licensed marriage and family therapist, 20 licensed mental health counselor, licensed psychoanalyst, dental hygien- 21 ist, licensed behavior analyst, or certified behavior analyst assistant 22 shall, in addition to all the other licensure, certification or permit 23 requirements, have completed two hours of coursework or training regard- 24 ing the identification and reporting of child abuse and maltreatment. 25 The coursework or training shall be obtained from an institution or 26 provider which has been approved by the department to provide such 27 coursework or training. The coursework or training shall include infor- 28 mation regarding the physical and behavioral indicators of child abuse 29 and maltreatment and the statutory reporting requirements set out in 30 sections four hundred thirteen through four hundred twenty of the social 31 services law, including but not limited to, when and how a report must 32 be made, what other actions the reporter is mandated or authorized to 33 take, the legal protections afforded reporters, and the consequences for 34 failing to report. Such coursework or training may also include informa- 35 tion regarding the physical and behavioral indicators of the abuse of 36 individuals with [mental retardation and other] developmental disabili- 37 ties and voluntary reporting of abused or neglected adults to the office 38 for people with developmental disabilities or the local adult protective 39 services unit. Each applicant shall provide the department with documen- 40 tation showing that he or she has completed the required training. The 41 department shall provide an exemption from the child abuse and maltreat- 42 ment training requirements to any applicant who requests such an 43 exemption and who shows, to the department's satisfaction, that there 44 would be no need because of the nature of his or her practice for him or 45 her to complete such training; 46 § 4. Section 7602 of the education law, as added by chapter 987 of the 47 laws of 1971, is amended to read as follows: 48 § 7602. State board for psychology. A state board for psychology 49 shall be appointed by the board of regents on recommendation of the 50 commissioner for the purpose of assisting the board of regents and the 51 department on matters of professional licensing and professional conduct 52 in accordance with section sixty-five hundred eight of this title. The 53 board shall be composed of not less than eleven [psychologists licensed54in this state] members, a number of whom shall be licensed school 55 psychologists sufficient to assure meaningful participation in board 56 activities. An executive secretary to the board shall be appointed byS. 4347--B 7 1 the board of regents upon the recommendation of the commissioner and 2 shall be a psychologist, licensed in this state. 3 § 5. Paragraph (a) of subdivision 1 of section 413 of the social 4 services law, as amended by section 7 of part C of chapter 57 of the 5 laws of 2018, is amended to read as follows: 6 (a) The following persons and officials are required to report or 7 cause a report to be made in accordance with this title when they have 8 reasonable cause to suspect that a child coming before them in their 9 professional or official capacity is an abused or maltreated child, or 10 when they have reasonable cause to suspect that a child is an abused or 11 maltreated child where the parent, guardian, custodian or other person 12 legally responsible for such child comes before them in their profes- 13 sional or official capacity and states from personal knowledge facts, 14 conditions or circumstances which, if correct, would render the child an 15 abused or maltreated child: any physician; registered physician assist- 16 ant; surgeon; medical examiner; coroner; dentist; dental hygienist; 17 osteopath; optometrist; chiropractor; podiatrist; resident; intern; 18 psychologist; licensed school psychologist; registered nurse; social 19 worker; emergency medical technician; licensed creative arts therapist; 20 licensed marriage and family therapist; licensed mental health counse- 21 lor; licensed psychoanalyst; licensed behavior analyst; certified behav- 22 ior analyst assistant; hospital personnel engaged in the admission, 23 examination, care or treatment of persons; a Christian Science practi- 24 tioner; school official, which includes but is not limited to school 25 teacher, school guidance counselor, school psychologist, school social 26 worker, school nurse, school administrator or other school personnel 27 required to hold a teaching or administrative license or certificate; 28 full or part-time compensated school employee required to hold a tempo- 29 rary coaching license or professional coaching certificate; social 30 services worker; employee of a publicly-funded emergency shelter for 31 families with children; director of a children's overnight camp, summer 32 day camp or traveling summer day camp, as such camps are defined in 33 section thirteen hundred ninety-two of the public health law; day care 34 center worker; school-age child care worker; provider of family or group 35 family day care; employee or volunteer in a residential care facility 36 for children that is licensed, certified or operated by the office of 37 children and family services; or any other child care or foster care 38 worker; mental health professional; substance abuse counselor; alcohol- 39 ism counselor; all persons credentialed by the office of [alcoholism and40substance abuse] addiction services and supports; employees, who are 41 expected to have regular and substantial contact with children, of a 42 health home or health home care management agency contracting with a 43 health home as designated by the department of health and authorized 44 under section three hundred sixty-five-l of this chapter or such employ- 45 ees who provide home and community based services under a demonstration 46 program pursuant to section eleven hundred fifteen of the federal social 47 security act who are expected to have regular and substantial contact 48 with children; peace officer; police officer; district attorney or 49 assistant district attorney; investigator employed in the office of a 50 district attorney; or other law enforcement official. 51 § 6. The education department, the office of children and family 52 services, and the office of mental health are hereby directed to estab- 53 lish a multi-tiered system of support (MTSS) model of prevention and 54 intervention utilizing tiered levels of universal support services and 55 secondary and tertiary intervention services to address the social and 56 emotional needs of students, that have been intensified by the COVID-19S. 4347--B 8 1 pandemic, and to pilot such model in communities determined to be mental 2 health professional shortage areas for children under the age of twen- 3 ty-five in New York state. Such model shall be designed with the mean- 4 ingful participation of mental and behavioral health practitioners whose 5 training focuses on the needs of children under the age of twenty-five 6 including, but not limited to, school psychologists, such practitioners 7 being uniquely qualified to implement the model to the fullest extent 8 possible. Such pilot shall be designed for implementation by September 9 1, 2022. 10 § 7. Subparagraph (i) of paragraph a of subdivision 1 of section 11 6503-a of the education law, as amended by chapter 554 of the laws of 12 2013, is amended to read as follows: 13 (i) services provided under article one hundred fifty-four, one 14 hundred sixty-three [or], one hundred sixty-seven or one hundred sixty- 15 six-A of this title for which licensure would be required, or 16 § 8. Severability. If any clause, sentence, paragraph, section or part 17 of this act shall be adjudged by any court of competent jurisdiction to 18 be invalid, the judgment shall not affect, impair, or invalidate the 19 remainder thereof, but shall be confined in its operation to the clause, 20 sentence, paragraph, section or part thereof directly involved in the 21 controversy in which the judgment shall have been rendered. 22 § 9. This act shall take effect twelve months after it shall have 23 become a law; provided, however, that effective immediately the depart- 24 ment of education is authorized to promulgate any and all rules and 25 regulations and take any other measure necessary to implement this act 26 on or before its effective date, including, but not limited to, the 27 appointment of the state board for psychology, the acceptance and proc- 28 essing of applications for licensure and the issuance of licenses; and 29 provided, further, that the provisions of article 166-A of the education 30 law, as added by section two of this act, requiring a license or limited 31 permit to practice under such article shall not be enforced until twen- 32 ty-four months after the effective date of this act.
