Bill Text: NY A01011 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the education law, in relation to requiring licensing of rehabilitation counselors
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Introduced - Dead) 2010-05-17 - held for consideration in higher education [A01011 Detail]
Download: New_York-2009-A01011-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1011 2009-2010 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2009 ___________ Introduced by M. of A. KELLNER, EDDINGTON, JAFFEE, BROOK-KRASNY, MARKEY, WEISENBERG, McDONOUGH -- Multi-Sponsored by -- M. of A. PHEFFER -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to requiring licensing of rehabilitation counselors THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The education law is amended by adding a new article 152 to 2 read as follows: 3 ARTICLE 152 4 REHABILITATION COUNSELING 5 SECTION 7550. INTRODUCTION. 6 7551. DEFINITION OF THE PRACTICE OF "REHABILITATION COUNSELING". 7 7552. PRACTICE OF REHABILITATION COUNSELING AND USE OF THE 8 TITLES "REHABILITATION COUNSELOR" AND "LICENSED REHABIL- 9 ITATION COUNSELOR". 10 7553. STATE BOARD FOR REHABILITATION COUNSELING. 11 7554. REQUIREMENTS FOR A PROFESSIONAL LICENSE. 12 7555. LIMITED PERMITS. 13 7556. EXEMPT PERSONS. 14 7557. SPECIAL PROVISIONS. 15 7558. SEPARABILITY. 16 S 7550. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF REHA- 17 BILITATION COUNSELING. THE GENERAL PROVISIONS FOR ALL PROFESSIONS 18 CONTAINED IN ARTICLE ONE HUNDRED THIRTY OF THIS TITLE SHALL APPLY TO 19 THIS ARTICLE. 20 S 7551. DEFINITION OF THE PRACTICE OF "REHABILITATION COUNSELING". THE 21 PRACTICE OF THE PROFESSION OF REHABILITATION COUNSELING IS DEFINED AS A 22 SYSTEMATIC PROCESS WHICH ASSISTS PERSONS WITH PHYSICAL, MENTAL, DEVELOP- 23 MENTAL, COGNITIVE, AND EMOTIONAL DISABILITIES TO ACHIEVE THEIR PERSONAL, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00005-01-9 A. 1011 2 1 CAREER, AND INDEPENDENT LIVING GOALS IN THE MOST INTEGRATED SETTING 2 POSSIBLE THROUGH THE APPLICATION OF THE COUNSELING PROCESS. THE COUN- 3 SELING PROCESS INVOLVES COMMUNICATION, GOAL SETTING, AND BENEFICIAL 4 GROWTH OR CHANGE THROUGH SELF-ADVOCACY, PSYCHOLOGICAL, VOCATIONAL, 5 SOCIAL, AND BEHAVIORAL INTERVENTIONS. THE SPECIFIC TECHNIQUES AND MODAL- 6 ITIES UTILIZED WITHIN THIS REHABILITATION COUNSELING PROCESS MAY 7 INCLUDE, BUT ARE NOT LIMITED TO: 8 1. ASSESSMENT AND APPRAISAL; 9 2. DIAGNOSIS AND TREATMENT PLANNING; 10 3. CAREER (VOCATIONAL) COUNSELING; 11 4. INDIVIDUAL AND GROUP COUNSELING TREATMENT INTERVENTIONS FOCUSED ON 12 FACILITATING ADJUSTMENTS TO THE MEDICAL AND PSYCHOSOCIAL IMPACT OF DISA- 13 BILITY; 14 5. CASE MANAGEMENT, REFERRAL, AND SERVICE COORDINATION; 15 6. PROGRAM EVALUATION AND RESEARCH; 16 7. INTERVENTIONS TO REMOVE ENVIRONMENTAL, EMPLOYMENT, AND ATTITUDINAL 17 BARRIERS; 18 8. CONSULTATION SERVICES AMONG MULTIPLE PARTIES AND REGULATORY 19 SYSTEMS; 20 9. JOB ANALYSIS, JOB DEVELOPMENT, AND PLACEMENT SERVICES, INCLUDING 21 ASSISTANCE WITH EMPLOYMENT AND JOB ACCOMMODATIONS; 22 10. THE PROVISION OF CONSULTATION ABOUT AND ACCESS TO REHABILITATION 23 TECHNOLOGY. 24 S 7552. PRACTICE OF REHABILITATION COUNSELING AND USE OF THE TITLES 25 "REHABILITATION COUNSELOR" AND "LICENSED REHABILITATION COUNSELOR". ONLY 26 A PERSON LICENSED OR EXEMPT UNDER THIS ARTICLE SHALL PRACTICE REHABILI- 27 TATION COUNSELING OR USE THE TITLE "REHABILITATION COUNSELOR". ONLY A 28 PERSON LICENSED UNDER THIS ARTICLE SHALL USE THE TITLE "LICENSED REHA- 29 BILITATION COUNSELOR" OR ANY OTHER DESIGNATION TENDING TO IMPLY THAT THE 30 PERSON IS LICENSED TO PRACTICE REHABILITATION COUNSELING. 31 S 7553. STATE BOARD FOR REHABILITATION COUNSELING. 1. A STATE BOARD 32 FOR REHABILITATION COUNSELING SHALL BE APPOINTED BY THE BOARD OF REGENTS 33 ON RECOMMENDATION OF THE COMMISSIONER FOR THE PURPOSE OF ASSISTING THE 34 BOARD OF REGENTS AND THE DEPARTMENT ON MATTERS OF LICENSING AND REGU- 35 LATION. THE BOARD SHALL BE COMPOSED OF AT LEAST THREE REHABILITATION 36 COUNSELORS LICENSED PURSUANT TO THIS ARTICLE AND AT LEAST ONE PUBLIC 37 REPRESENTATIVE WHO DOES NOT HOLD INTERESTS IN THE ORGANIZATION, FINANC- 38 ING, OR DELIVERY OF REHABILITATION COUNSELING SERVICES. MEMBERS OF THE 39 FIRST BOARD NEED NOT BE LICENSED PRIOR TO THEIR APPOINTMENT TO THE 40 BOARD. AN EXECUTIVE SECRETARY TO THE BOARD SHALL BE APPOINTED BY THE 41 BOARD OF REGENTS ON RECOMMENDATION OF THE COMMISSIONER. 42 2. THE TERMS OF OFFICE OF THE MEMBERS OF THE BOARD SHALL BE FIVE 43 YEARS; PROVIDED, HOWEVER, THAT OF THE MEMBERS FIRST APPOINTED, ONE SHALL 44 BE APPOINTED FOR THREE YEARS, ONE SHALL BE APPOINTED FOR FOUR YEARS, AND 45 TWO SHALL BE APPOINTED FOR FIVE YEARS. ANY VACANCY ON THE BOARD SHALL BE 46 FILLED BY APPOINTMENT FOR THE REMAINDER OF SUCH MEMBER'S TERM IN ACCORD- 47 ANCE WITH THE PROVISIONS OF THIS SECTION. 48 S 7554. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A 49 LICENSE AS A "LICENSED REHABILITATION COUNSELOR", AN APPLICANT SHALL 50 FULFILL THE FOLLOWING REQUIREMENTS: 51 1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT; 52 2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A MASTER'S OR 53 HIGHER DEGREE IN REHABILITATION COUNSELING FROM AN ACCREDITED PROGRAM 54 REGISTERED BY THE DEPARTMENT OR DETERMINED BY THE DEPARTMENT TO BE THE 55 SUBSTANTIAL EQUIVALENT THEREOF, IN ACCORDANCE WITH THE COMMISSIONER'S A. 1011 3 1 REGULATIONS. THE GRADUATE COURSEWORK SHALL INCLUDE, BUT NOT BE LIMITED 2 TO, THE FOLLOWING AREAS: 3 (A) THEORIES AND TECHNIQUES OF COUNSELING, 4 (B) ASSESSMENT, 5 (C) OCCUPATIONAL INFORMATION, 6 (D) JOB PLACEMENT, 7 (E) MEDICAL ASPECTS OF DISABILITY, 8 (F) PSYCHOSOCIAL ASPECTS OF DISABILITY, 9 (G) COMMUNITY RESOURCES, 10 (H) DELIVERY OF REHABILITATION SERVICES, 11 (I) COMPLETION OF A MINIMUM ONE HUNDRED HOURS OF SUPERVISED PRACTICUM 12 AND ONE YEAR (SIX HUNDRED HOURS) SUPERVISED INTERNSHIP IN REHABILITATION 13 COUNSELING; 14 3. EXPERIENCE: THE COMPLETION OF AT LEAST SEVEN HUNDRED CLIENT CONTACT 15 HOURS OF SUPERVISED CLINICAL EXPERIENCE, BY PERSONS HOLDING A DEGREE 16 FROM A MASTER'S OR DOCTORAL PROGRAM, OR THE SUBSTANTIAL EQUIVALENT, IN 17 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS, OR THE COMPLETION OF AT 18 LEAST SEVEN HUNDRED CLIENT HOURS OF SUPERVISED POST-MASTER'S CLINICAL 19 EXPERIENCE IN REHABILITATION COUNSELING SATISFACTORY TO THE DEPARTMENT, 20 IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; 21 4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN 22 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; 23 5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE; 24 6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART- 25 MENT; AND 26 7. FEES: PAY A FEE OF TWO HUNDRED FIFTY DOLLARS TO THE DEPARTMENT FOR 27 ADMISSION TO A DEPARTMENT-CONDUCTED EXAMINATION AND FOR AN INITIAL 28 LICENSE; A FEE OF EIGHTY-FIVE DOLLARS FOR EACH REEXAMINATION; A FEE OF 29 ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT 30 REQUIRING ADMISSION TO A DEPARTMENT-CONDUCTED EXAMINATION, AND A FEE OF 31 ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD. 32 S 7555. LIMITED PERMITS. THE FOLLOWING REQUIREMENTS FOR A LIMITED 33 PERMIT SHALL APPLY TO THE PROFESSION LICENSED PURSUANT TO THIS ARTICLE: 34 1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHOSE 35 QUALIFICATIONS HAVE BEEN APPROVED FOR ADMISSION TO THE EXAMINATION IN 36 ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR. 37 2. LIMITED PERMITS SHALL BE FOR ONE YEAR AND MAY BE RENEWED, AT THE 38 DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR. 39 3. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL THEREOF SHALL 40 BE SEVENTY DOLLARS. 41 S 7556. EXEMPT PERSONS. 1. THIS ARTICLE SHALL NOT BE CONSTRUED TO 42 AFFECT OR PREVENT QUALIFIED PHYSICIANS, NURSES, PHYSICAL OR OCCUPATIONAL 43 THERAPISTS, PSYCHOLOGISTS, COUNSELORS, CREATIVE ARTS THERAPISTS, PSYCHO- 44 ANALYSTS, SOCIAL WORKERS OR MEMBERS OF THE CLERGY FROM PERFORMING THE 45 WORK OF A REHABILITATION COUNSELOR WHERE INCIDENT TO THE PRACTICE OF 46 THEIR PROFESSIONS, PROVIDED THEY DO NOT HOLD THEMSELVES OUT TO THE 47 PUBLIC BY ANY TITLE AS BEING ENGAGED IN THE PRACTICE OF REHABILITATION 48 COUNSELING. 49 2. THIS ARTICLE SHALL NOT BE CONSTRUED TO AFFECT OR PREVENT A REHABIL- 50 ITATION COUNSELING STUDENT FROM ENGAGING IN CLINICAL PRACTICE UNDER THE 51 SUPERVISION OF A LICENSED OR CERTIFIED REHABILITATION COUNSELOR AS PART 52 OF A PROGRAM CONDUCTED IN AN APPROVED AGENCY AFFILIATED WITH AN ACCRED- 53 ITED SCHOOL OF REHABILITATION COUNSELING WHICH IS APPROVED BY THE 54 DEPARTMENT. 55 S 7557. SPECIAL PROVISIONS. 1. ANY NONEXEMPT PERSON PRACTICING THE 56 PROFESSION TO BE LICENSED PURSUANT TO THIS ARTICLE SHALL APPLY FOR A A. 1011 4 1 LICENSE FOR PRACTICE OF SUCH PROFESSION WITHIN ONE YEAR OF THE EFFECTIVE 2 DATE OF SUCH PROFESSION. 3 (A) IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB- 4 LISHED WITHIN THIS ARTICLE, SUCH PERSON MAY MEET ALTERNATIVE CRITERIA 5 DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT OF SUCH 6 CRITERIA. 7 (B) IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB- 8 LISHED WITHIN THIS ARTICLE, BUT HAS BEEN CERTIFIED OR REGISTERED BY A 9 NATIONAL CERTIFYING OR REGISTERING BODY HAVING CERTIFICATION OR REGIS- 10 TRATION STANDARDS ACCEPTABLE TO THE COMMISSIONER, THE DEPARTMENT SHALL 11 LICENSE WITHOUT EXAMINATION. 12 (C) IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB- 13 LISHED WITHIN THIS ARTICLE, THE DEPARTMENT SHALL LICENSE WITHOUT EXAM- 14 INATION IF THE APPLICANT SUBMITS EVIDENCE SATISFACTORY TO THE DEPARTMENT 15 OF HAVING BEEN ENGAGED IN THE PRACTICE OF SUCH PROFESSION FOR AT LEAST 16 FIVE OF THE IMMEDIATELY PRECEDING EIGHT YEARS. 17 2. THE COMMISSIONER SHALL ESTABLISH BY RULES AND REGULATIONS ALL FEES 18 AUTHORIZED PURSUANT TO THIS ARTICLE. SUCH FEES SHALL BE SET IN AMOUNTS 19 SUFFICIENT TO MEET THE EXPENSES OF ADMINISTERING THE PROVISIONS OF THIS 20 ARTICLE. 21 3. THE DEPARTMENT SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY 22 TO ESTABLISH PROFESSIONAL STANDARDS OF REHABILITATION COUNSELORS AND ANY 23 OTHER RULES AND REGULATIONS NECESSARY TO ADMINISTER THE PROVISIONS OF 24 THIS ARTICLE. 25 S 7558. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF, 26 SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID, 27 SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OF 28 ANY OTHER SECTION OR PART THEREOF. 29 S 2. This act shall take effect on the five hundred forty-fifth day 30 after it shall have become a law; provided, however, that any rules and 31 regulations necessary to implement the provisions of this act on its 32 effective date are authorized and directed to be promulgated, amended 33 and repealed on or before such date.