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.
LBD09892-10-2
S. 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 the
S. 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 mental
S. 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 of
S. 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.