Bill Text: NY S05301 | 2021-2022 | General Assembly | Amended
Bill Title: Requires clinical experience for certain mental health practitioners and other mental health professionals; allows such practitioners to make assessment-based treatment plans; makes related provisions.
Spectrum: Moderate Partisan Bill (Democrat 13-2)
Status: (Introduced - Dead) 2022-06-03 - COMMITTED TO RULES [S05301 Detail]
Download: New_York-2021-S05301-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5301--B 2021-2022 Regular Sessions IN SENATE March 1, 2021 ___________ Introduced by Sens. BROUK, BAILEY, BRISPORT, BROOKS, HARCKHAM, HOYLMAN, JACKSON, MANNION, ORTT, REICHLIN-MELNICK, SKOUFIS -- 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to education requirements and authorization to develop assessment-based treatment plans for certain mental health practitioners and other mental health profes- sionals The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 8402 of the education law, as 2 added by chapter 676 of the laws of 2002, is amended and two new subdi- 3 visions 1-a and 4 are added to read as follows: 4 1. Definition of the practice of mental health counseling. The prac- 5 tice of the profession of mental health counseling is defined as: 6 (a) the evaluation, assessment, diagnosis, amelioration, treatment, 7 modification, or adjustment to a disability, problem, or disorder of 8 behavior, character, development, emotion, personality or relationships 9 by the use of verbal or behavioral methods with individuals, couples, 10 families or groups in private practice, group, or organized settings; 11 and 12 (b) the use of assessment instruments [and], assessment-based treat- 13 ment plans, mental health counseling and psychotherapy to identify, 14 evaluate and treat dysfunctions and disorders for purposes of providing 15 appropriate mental health counseling services. 16 1-a. Mental health diagnoses. (a) "Diagnosis" in the context of 17 licensed mental health counseling practice shall mean the process of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09892-10-2S. 5301--B 2 1 distinguishing, beyond a general assessment, between similar mental, 2 emotional, behavioral, developmental and addictive disorders, impair- 3 ments and disabilities within a psychosocial framework on the basis of 4 their similar and unique characteristics consistent with accepted clas- 5 sification systems. 6 (b) "Development of assessment-based treatment plans" in the context 7 of licensed mental health counseling practice shall mean the development 8 of an integrated plan of prioritized interventions, that is based on the 9 diagnosis and psychosocial assessment of a client, to address mental, 10 emotional, behavioral, developmental and addictive disorders, impair- 11 ments and disabilities, reactions to illnesses, injuries, disabilities 12 and impairments, and social problems. 13 (c) Nothing in this subdivision or in subdivision one or four of this 14 section shall be construed to limit the scope of mental health coun- 15 seling practice as authorized prior to the effective date of this subdi- 16 vision. The authority to diagnose shall be authorized only in accordance 17 with the provisions of this article and regulations promulgated by the 18 commissioner. 19 4. Certificate to diagnose. The commissioner shall issue appropriate 20 certificates to diagnose in accordance with the provisions of this 21 subdivision to those mental health counselors who have satisfactorily 22 completed the following: 23 (a) Standard pathway. A mental health counselor who has completed the 24 standard pathway shall have: 25 (i) received a master's or higher degree in mental health counseling 26 from a program registered by the department or determined by the depart- 27 ment to be the substantial equivalent thereof, which shall include the 28 completion of at least twelve credit hours of clinical courses, in 29 accordance with the commissioner's regulations. A person who has 30 received a master's, or equivalent degree in counseling, during which 31 they did not complete all twelve credit hours of clinical courses, may 32 satisfy such requirement by completing any remaining equivalent post- 33 graduate clinical courses, in accordance with the commissioner's regu- 34 lations. The graduate coursework shall include, but not be limited to, 35 the following areas: 36 (A) human growth and development; 37 (B) social and cultural foundations of counseling; 38 (C) counseling theory, diagnosis, practice and psychopathology; 39 (D) group dynamics; 40 (E) lifestyle and career development; 41 (F) assessment and appraisal of individuals, couples and families and 42 groups; 43 (G) research and program evaluation; 44 (H) professional orientation and ethics; 45 (I) foundation of mental health counseling and consultation; 46 (J) clinical instruction; and 47 (K) completion of a minimum one year supervised internship or practi- 48 cum in mental health counseling; and 49 (ii) completed a minimum of three thousand hours of post-master's 50 supervised experience relevant to the practice of mental health coun- 51 seling, of which two thousand hours shall be direct client contact hours 52 that include diagnosis, psychotherapy, and assessment-based treatment 53 plans, satisfactory to the board and in accordance with the commission- 54 er's regulations. Satisfactory experience obtained in an entity operat- 55 ing under a waiver issued by the department pursuant to section sixty- 56 five hundred three-a of this title may be accepted by the department,S. 5301--B 3 1 notwithstanding that such experience may have been obtained prior to the 2 effective date of such section sixty-five hundred three-a and/or prior 3 to the entity having obtained a waiver. The department may, for good 4 cause shown, accept satisfactory experience that was obtained in a 5 setting that would have been eligible for a waiver but which has not 6 obtained a waiver from the department or experience that was obtained in 7 good faith by the applicant under the belief that appropriate authori- 8 zation had been obtained for the experience, provided that such experi- 9 ence meets all other requirements for acceptable experience; or 10 (b) Alternative pathway. The commissioner shall issue appropriate 11 certificates to mental health counselors licensed prior to the effective 12 date of this subdivision who have completed twelve credit hours of clin- 13 ical courses of which a minimum of three credit hours shall include 14 content in diagnosis in accordance with the commissioner's regulations. 15 § 2. Paragraph (g) of subdivision 3 of section 8402 of the education 16 law, as amended by chapter 210 of the laws of 2004, is amended to read 17 as follows: 18 (g) Fees: Pay a fee of one hundred seventy-five dollars for an initial 19 license [and], a fee of one hundred seventy dollars for each triennial 20 registration period, and for the additional authorization for the 21 purpose of diagnosing, a fee of one hundred seventy-five dollars. 22 § 3. Subdivision 1 of section 8403 of the education law, as added by 23 chapter 676 of the laws of 2002, is amended and two new subdivisions 1-a 24 and 4 are added to read as follows: 25 1. Definition of the practice of marriage and family therapy. The 26 practice of the profession of marriage and family therapy is defined as: 27 (a) the diagnosis, assessment and treatment of nervous and mental 28 disorders, whether affective, cognitive or behavioral, which results in 29 dysfunctional interpersonal family relationships including, but not 30 limited to familial relationships, marital/couple relationships, 31 parent-child relationships, pre-marital and other personal relation- 32 ships; 33 (b) the use of mental health counseling, psychotherapy and therapeutic 34 techniques to evaluate and treat marital, relational, and family 35 systems, and individuals in relationship to these systems; 36 (c) the use of mental health counseling and psychotherapeutic tech- 37 niques to treat mental, emotional and behavioral disorders and ailments 38 within the context of marital, relational and family systems to prevent 39 and ameliorate dysfunction; and 40 (d) the use of assessment instruments [and], mental health counseling 41 and psychotherapy, and assessment-based treatment plans to identify and 42 evaluate and treat dysfunctions and disorders for purposes of providing 43 appropriate marriage and family therapy services. 44 1-a. Diagnoses. (a) "Diagnosis" in the context of licensed marriage 45 and family therapy practice shall mean the process of distinguishing, 46 beyond a general assessment, between similar mental, emotional, behav- 47 ioral, developmental and addictive disorders, impairments and disabili- 48 ties within a psychosocial framework on the basis of their similar and 49 unique characteristics consistent with accepted classification systems. 50 (b) "Development of assessment-based treatment plans" in the context 51 of licensed marriage and family therapy practice shall mean the develop- 52 ment of an integrated plan of prioritized interventions, that is based 53 on the diagnosis and psychosocial assessment of a client, to address 54 mental, emotional, behavioral, developmental and addictive disorders, 55 impairments and disabilities, reactions to illnesses, injuries, disabil- 56 ities and impairments, and social problems.S. 5301--B 4 1 (c) Nothing in this subdivision or in subdivision one or four of this 2 section shall be construed to limit the scope of marriage and family 3 therapy practice as authorized prior to the effective date of this 4 subdivision. The authority to diagnose shall be authorized only in 5 accordance with the provisions of this article and regulations promul- 6 gated by the commissioner. 7 4. Certificate to diagnose. The commissioner shall issue appropriate 8 certificates to diagnose in accordance with the provisions of this 9 subdivision to those marriage and family counselors who have satisfac- 10 torily completed the following: 11 (a) Standard pathway. A marriage and family counselor who has 12 completed the standard pathway shall have: 13 (i) received a master's or doctoral degree with a minimum of sixty 14 credit hours in marriage and family therapy from a program registered by 15 the department, or determined by the department to be the substantial 16 equivalent, which shall include the completion of at least twelve credit 17 hours of clinical coursework, in accordance with the commissioner's 18 regulations or a graduate degree in an allied field from a program 19 registered by the department and graduate level coursework determined to 20 be equivalent to that required in a program registered by the depart- 21 ment. A person who has received a master's or equivalent degree in 22 marriage and family therapy during which they did not complete all 23 twelve credit hours of clinical courses, may satisfy such requirement by 24 completing any remaining equivalent post-graduate clinical courses, in 25 accordance with the commissioner's regulations. Such coursework shall 26 include, but not be limited to: 27 (A) the study of human development, including individual, child and 28 family development; 29 (B) diagnosis and psychopathology; 30 (C) marital and family therapy; 31 (D) family law; 32 (E) research; 33 (F) professional ethics; and 34 (G) a practicum of at least three hundred client contact hours; and 35 (ii) completed a minimum of two thousand hours of post-master's super- 36 vised experience relevant to the practice of marriage and family therapy 37 comprised of direct client contact hours including diagnosis, psychoth- 38 erapy and assessment-based treatment plans. Satisfactory experience 39 obtained in an entity operating under a waiver issued by the department 40 pursuant to section sixty-five hundred three-a of this title may be 41 accepted by the department, notwithstanding that such experience may 42 have been obtained prior to the effective date of such section sixty- 43 five hundred three-a and/or prior to the entity having obtained a waiv- 44 er. The department may, for good cause shown, accept satisfactory expe- 45 rience that was obtained in a setting that would have been eligible for 46 a waiver but which has not obtained a waiver from the department or 47 experience that was obtained in good faith by the applicant under the 48 belief that appropriate authorization had been obtained for the experi- 49 ence, provided that such experience meets all other requirements for 50 acceptable experience; 51 (b) Alternative pathway. The commissioner shall issue appropriate 52 certificates to marriage and family therapists licensed prior to the 53 effective date of this subdivision who have completed twelve credit 54 hours of clinical courses of which a minimum of three credit hours shall 55 include content in diagnosis in accordance with the commissioner's regu- 56 lations.S. 5301--B 5 1 § 4. Paragraph (g) of subdivision 3 of section 8403 of the education 2 law, as amended by chapter 210 of the laws of 2004, is amended to read 3 as follows: 4 (g) Fees: Pay a fee of one hundred seventy-five dollars for an initial 5 license [and], a fee of one hundred seventy dollars for each triennial 6 registration period, and for the additional authorization for the 7 purpose of diagnosing, a fee of one hundred seventy-five dollars. 8 § 5. Subdivision 1 of section 8405 of the education law, as added by 9 chapter 676 of the laws of 2002, is amended and two new subdivisions 1-a 10 and 4 are added to read as follows: 11 1. Definition of the practice of psychoanalysis. The practice of the 12 profession of psychoanalysis is defined as: 13 (a) the observation, description, evaluation, diagnosis and interpre- 14 tation of dynamic unconscious mental processes that contribute to the 15 formation of personality and behavior in order to identify and resolve 16 unconscious psychic problems which affect interpersonal relationships 17 and emotional development, to facilitate changes in personality and 18 behavior through the use of verbal and nonverbal cognitive and emotional 19 communication, and to develop adaptive functioning; and 20 (b) the use of assessment instruments [and], mental health counseling 21 and psychotherapy, and assessment-based treatment plans to identify, 22 evaluate and treat dysfunctions and disorders for purposes of providing 23 appropriate psychoanalytic services. 24 1-a. Diagnoses. (a) "Diagnosis" in the context of licensed psychoanal- 25 ysis practice shall mean the process of distinguishing, beyond a general 26 psychoanalysis assessment, between similar mental, emotional, behav- 27 ioral, developmental and addictive disorders, impairments and disabili- 28 ties within a psychosocial framework on the basis of their similar and 29 unique characteristics consistent with accepted classification systems. 30 (b) "Development of assessment-based treatment plans" in the context 31 of licensed psychoanalysis practice shall mean the development of an 32 integrated plan of prioritized interventions, that is based on the diag- 33 nosis and psychosocial assessment of a client, to address mental, 34 emotional, behavioral, developmental and addictive disorders, impair- 35 ments and disabilities, reactions to illnesses, injuries, disabilities 36 and impairments, and social problems. 37 (c) Nothing in this subdivision or in subdivision one or four of this 38 section shall be construed to limit the scope of licensed psychoanalysis 39 practice as authorized prior to the effective date of this subdivision. 40 The authority to diagnose shall be authorized only in accordance with 41 the provisions of this article and regulations promulgated by the 42 commissioner. 43 4. Certificate to diagnose. The commissioner shall issue appropriate 44 certificates to diagnose in accordance with the provision of this subdi- 45 vision to those psychoanalysts who have satisfactorily completed the 46 following: 47 (a) Standard pathway. A psychoanalyst who has completed the standard 48 pathway shall have: 49 (i) received a master's degree or higher from a degree-granting 50 program registered by the department or the substantial equivalent and 51 have completed a program of study registered by the department in a 52 psychoanalytic institute chartered by the board of regents or the 53 substantial equivalent as determined by the department. The program of 54 study in a psychoanalytic institute shall include coursework substan- 55 tially equivalent to coursework required for a master's degree in a 56 health or mental health field of study which shall also include theS. 5301--B 6 1 completion of at least twelve credit hours, or the substantial equiv- 2 alent, of clinical courses, as determined by the department. An individ- 3 ual who has completed a licensed psychoanalyst program that did not 4 include twelve credit hours, or the substantial equivalent, of clinical 5 courses may satisfy such requirement by completing any remaining equiv- 6 alent post-graduate clinical courses, in accordance with the commission- 7 er's regulations. The coursework shall include, but not be limited to, 8 the following areas: 9 (A) personality development; 10 (B)_psychoanalytic theory of psychopathology; 11 (C) diagnosis, and psychoanalytic theory of psychodiagnosis; 12 (D) sociocultural influence on growth and psychopathology; 13 (E) practice technique (including dreams and symbolic processes); 14 (F) analysis of resistance, transference, and countertransference; 15 (G) case seminars on clinical practice; 16 (H) practice in psychopathology and psychodiagnosis; 17 (I) professional ethics and psychoanalytic research methodology; and 18 (J) a minimum of three hundred hours of personal analysis and one 19 hundred fifty hours of supervised analysis; and 20 (ii) completed a minimum of two thousand hours of supervised clinical 21 practice relevant to the practice of psychoanalysis comprised of direct 22 client contact hours including diagnosis, psychotherapy, and assess- 23 ment-based treatment plans satisfactory to the department and in accord- 24 ance with the commissioner's regulations. This supervised clinical prac- 25 tice may not begin prior to the successful completion of two years of 26 coursework that includes twelve credit hours, or the substantial equiv- 27 alent, of clinical coursework, as determined by the department. Satis- 28 factory experience obtained in an entity operating under a waiver issued 29 by the department pursuant to section sixty-five hundred three-a of this 30 title may be accepted by the department, notwithstanding that such expe- 31 rience may have been obtained prior to the effective date of such 32 section sixty-five hundred three-a and/or prior to the entity having 33 obtained a waiver. The department may, for good cause shown, accept 34 satisfactory experience that was obtained in a setting that would have 35 been eligible for a waiver but which has not obtained a waiver from the 36 department or experience that was obtained in good faith by the appli- 37 cant under the belief that appropriate authorization had been obtained 38 for the experience, provided that such experience meets all other 39 requirements for acceptable experience; or 40 (b) Alternative pathway. The commissioner shall issue appropriate 41 certificates to psychoanalysts licensed prior to the effective date of 42 this subdivision who have completed twelve credit hours, or the substan- 43 tial equivalent, of clinical courses of which a minimum of three credit 44 hours, or the substantial equivalent, shall include content in diagnosis 45 in accordance with the commissioner's regulations. 46 § 6. Paragraph (g) of subdivision 3 of section 8405 of the education 47 law, as amended by chapter 210 of the laws of 2004, is amended to read 48 as follows: 49 (g) Fees: Pay a fee of one hundred seventy-five dollars for an initial 50 license [and], a fee of one hundred seventy dollars for each triennial 51 registration period, and for the additional authorization for the 52 purpose of diagnosing, a fee of one hundred seventy-five dollars. 53 § 7. Subdivision 2 of section 8409 of the education law, as amended by 54 chapter 485 of the laws of 2013, is amended to read as follows:S. 5301--B 7 1 2. Limited permits shall be for [two] three years; such limited 2 permits may be renewed, at the discretion of the department, for up to 3 two additional one year periods. 4 § 8. Subparagraph (i) of paragraph (c) of subdivision 8 of section 5 8410 of the education law, as amended by section 5 of part Y of chapter 6 57 of the laws of 2018, is amended to read as follows: 7 (i) Prevent a person without a license from participating as a member 8 of a multi-disciplinary team to assist in the development of or imple- 9 mentation of a behavioral health services or treatment plan; provided 10 that such team shall include one or more professionals licensed under 11 this article or articles one hundred thirty-one, one hundred thirty- 12 nine, one hundred fifty-three or one hundred fifty-four of this chapter; 13 and provided, further, that the activities performed by members of the 14 team shall be consistent with the scope of practice for each team member 15 licensed or authorized under this title [VIII of this chapter], and 16 those who are not so authorized may not engage in the following 17 restricted practices: the diagnosis of mental, emotional, behavioral, 18 addictive and developmental disorders and disabilities; patient assess- 19 ment and evaluating; the provision of psychotherapeutic treatment; the 20 provision of treatment other than psychotherapeutic treatment; or inde- 21 pendently developing and implementing assessment-based treatment plans 22 [as defined in section seventy-seven hundred one of this chapter]. 23 § 9. Subparagraph (i) of paragraph (c) of subdivision 7 of section 24 7706 of the education law, as amended by section 4 of part Y of chapter 25 57 of the laws of 2018, is amended to read as follows: 26 (i) Prevent a person without a license from participating as a member 27 of a multi-disciplinary team to assist in the development of or imple- 28 mentation of a behavioral health services or treatment plan; provided 29 that such team shall include one or more professionals licensed under 30 this article or articles one hundred thirty-one, one hundred thirty- 31 nine, one hundred fifty-three or one hundred sixty-three of this chap- 32 ter; and provided, further, that the activities performed by members of 33 the team shall be consistent with the scope of practice for each team 34 member licensed or authorized under this title [VIII of this chapter], 35 and those who are not so authorized may not engage in the following 36 restricted practices: the diagnosis of mental, emotional, behavioral, 37 addictive and developmental disorders and disabilities; patient assess- 38 ment and evaluating; the provision of psychotherapeutic treatment; the 39 provision of treatment other than psychotherapeutic treatment; or inde- 40 pendently developing and implementing assessment-based treatment plans 41 [as defined in section seventy-seven hundred one of this article]. 42 § 10. Subparagraph (i) of paragraph (c) of subdivision 10 of section 43 7605 of the education law, as amended by section 2 of part Y of chapter 44 57 of the laws of 2018, is amended to read as follows: 45 (i) A person without a license from participating as a member of a 46 multi-disciplinary team to assist in the development of or implementa- 47 tion of a behavioral health services or treatment plan; provided that 48 such team shall include one or more professionals licensed under this 49 article or articles one hundred thirty-one, one hundred thirty-nine, one 50 hundred fifty-four or one hundred sixty-three of this chapter; and 51 provided, further, that the activities performed by members of the team 52 shall be consistent with the scope of practice for each team member 53 licensed or authorized under this title [VIII of this chapter], and 54 those who are not so authorized may not engage in the following 55 restricted practices: the diagnosis of mental, emotional, behavioral, 56 addictive and developmental disorders and disabilities; patient assess-S. 5301--B 8 1 ment and evaluating; the provision of psychotherapeutic treatment; the 2 provision of treatment other than psychotherapeutic treatment; or inde- 3 pendently developing and implementing assessment-based treatment plans 4 [as defined in section seventy-seven hundred one of this title]. 5 § 11. Subdivision 9 of section 8410 of the education law, as amended 6 by chapter 159 of the laws of 2021, is amended to read as follows: 7 9. Notwithstanding any other provision of law to the contrary, nothing 8 in this article shall be construed to prohibit or limit the activities 9 or services provided under this article by any person who is employed or 10 who commences employment in a program or service operated, regulated, 11 funded, or approved by the department of mental hygiene, the office of 12 children and family services, the department of corrections and communi- 13 ty supervision, the office of temporary and disability assistance, the 14 state office for the aging and the department of health or a local 15 governmental unit as that term is defined in section 41.03 of the mental 16 hygiene law or a social services district as defined in section sixty- 17 one of the social services law on or before two years from the date that 18 the regulations issued in accordance with section six of part Y of chap- 19 ter fifty-seven of the laws of two thousand eighteen appear in the state 20 register or are adopted, whichever is later. Such prohibitions or limi- 21 tations shall not apply to such employees for as long as they remain 22 employed by such programs or services and whether they remain employed 23 by the same or other employers providing such programs or services. 24 Provided however, that any person who commences employment in such 25 program or service after such date and performs services that are 26 restricted under this article shall be appropriately licensed or author- 27 ized under this article. Each state oversight agency shall create and 28 maintain a process to verify employment history of individuals exempt 29 under this subdivision. Provided, however, that notwithstanding any 30 other provision of law to the contrary, licensed mental health counse- 31 lor, licensed marriage and family therapist, and licensed psychoanalyst 32 employed in a program or service operated, regulated, funded, or 33 approved by the department of mental hygiene, the office of children and 34 family services, the department of corrections and community super- 35 vision, the office of temporary and disability assistance, the state 36 office for the aging and the department of health or a local govern- 37 mental unit as defined by section 41.03 of the mental hygiene law or a 38 social services district as defined by section sixty-one of the social 39 services law prior to June twenty-fourth, two thousand twenty-two may 40 diagnose and develop assessment-based treatment plans as long as they 41 remain employed by such programs, provided however, such licensed mental 42 health counselor, licensed marriage and family therapist and licensed 43 psychoanalyst is required to hold a certificate to diagnose by the 44 commissioner two years after the effective date of the chapter of the 45 laws of two thousand twenty-two that amended this subdivision. 46 § 12. Subdivision 8 of section 7706 of the education law, as amended 47 by chapter 159 of the laws of 2021, is amended to read as follows: 48 8. Notwithstanding any other provision of law to the contrary, nothing 49 in this article shall be construed to prohibit or limit the activities 50 or services provided under this article by any person who is employed or 51 who commences employment in a program or service operated, regulated, 52 funded, or approved by the department of mental hygiene, the office of 53 children and family services, the department of corrections and communi- 54 ty supervision, the office of temporary and disability assistance, the 55 state office for the aging and the department of health or a local 56 governmental unit as that term is defined in section 41.03 of the mentalS. 5301--B 9 1 hygiene law or a social services district as defined in section sixty- 2 one of the social services law on or before two years from the date that 3 the regulations issued in accordance with section six of part Y of chap- 4 ter fifty-seven of the laws of two thousand eighteen appear in the state 5 register or are adopted, whichever is later. Such prohibitions or limi- 6 tations shall not apply to such employees for as long as they remain 7 employed by such programs or services and whether they remain employed 8 by the same or other employers providing such programs or services. 9 Provided however, that any person who commences employment in such 10 program or service after such date and performs services that are 11 restricted under this article shall be appropriately licensed or author- 12 ized under this article. Each state oversight agency shall create and 13 maintain a process to verify employment history of individuals exempt 14 under this subdivision. Provided, however, that notwithstanding any 15 other provision of law to the contrary, licensed mental health counse- 16 lor, licensed marriage and family therapist, and licensed psychoanalyst 17 employed in a program or service operated, regulated, funded, or 18 approved by the department of mental hygiene, the office of children and 19 family services, the department of corrections and community super- 20 vision, the office of temporary and disability assistance, the state 21 office for the aging and the department of health or a local govern- 22 mental unit as defined in section 41.03 of the mental hygiene law or a 23 social services district as defined in section sixty-one of the social 24 services law prior to June twenty-fourth, two thousand twenty-two may 25 diagnose and develop assessment-based treatment plans as long as they 26 remain employed by such programs, provided however, such licensed mental 27 health counselor, licensed marriage and family therapist and licensed 28 psychoanalyst is required to hold a certificate to diagnose by the 29 commissioner two years after the effective date of the chapter of the 30 laws of two thousand twenty-two that amended this subdivision. 31 § 13. Subdivision 12 of section 7605 of the education law, as amended 32 by chapter 159 of the laws of 2021, is amended to read as follows: 33 12. Notwithstanding any other provision of law to the contrary, noth- 34 ing in this article shall be construed to prohibit or limit the activ- 35 ities or services provided under this article by any person who is 36 employed or who commences employment in a program or service operated, 37 regulated, funded, or approved by the department of mental hygiene, the 38 office of children and family services, or a local governmental unit as 39 that term is defined in section 41.03 of the mental hygiene law or a 40 social services district as defined in section sixty-one of the social 41 services law on or before two years from the date that the regulations 42 issued in accordance with section six of part Y of chapter fifty-seven 43 of the laws of two thousand eighteen appear in the state register or are 44 adopted, whichever is later. Such prohibitions or limitations shall not 45 apply to such employees for as long as they remain employed by such 46 programs or services and whether they remain employed by the same or 47 other employers providing such programs or services. Provided, however, 48 that any person who commences employment in such program or service 49 after such date and performs services that are restricted under this 50 article shall be appropriately licensed or authorized under this arti- 51 cle. Each state oversight agency shall create and maintain a process to 52 verify employment history of individuals exempt under this subdivision. 53 Provided, however, that notwithstanding any other provision of law to 54 the contrary, licensed mental health counselor, licensed marriage and 55 family therapist, and licensed psychoanalyst employed in a program or 56 service operated, regulated, funded, or approved by the department ofS. 5301--B 10 1 mental hygiene, the office of children and family services, the depart- 2 ment of corrections and community supervision, the office of temporary 3 and disability assistance, the state office for the aging and the 4 department of health or a local governmental unit as defined in section 5 41.03 of the mental hygiene law or a social services district as defined 6 in section sixty-one of the social services law prior to June twenty- 7 fourth, two thousand twenty-two may diagnose and develop assessment- 8 based treatment plans as long as they remain employed by such programs 9 or services and whether they remain employed by the same or other 10 employers providing such programs or services, provided however, such 11 licensed mental health counselor, licensed marriage and family therapist 12 and licensed psychoanalyst is required to hold a certificate to diagnose 13 by the commissioner two years after the effective date of the chapter of 14 the laws of two thousand twenty-two that amended this subdivision. 15 § 14. This act shall take effect on first day of the eighteenth full 16 month after it shall have become a law; provided, however that sections 17 eleven, twelve and thirteen of this act shall take effect on June 24, 18 2022. Effective immediately, the addition, amendment and/or repeal of 19 any rule or regulation necessary for the implementation of this act on 20 or before its effective date are authorized to be made and completed on 21 or before such effective date.
