Bill Text: NY A02033 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides for the licensure of school psychologists; authorizes the use of the title "school psychologist" to licensed or exempt individuals; defines practice of school psychology; sets forth requirements for professional licensure (including educational attainment, experience, exam and fee); provides for issuance of limited permits under specified circumstances; identifies exempt persons.
Spectrum: Moderate Partisan Bill (Democrat 35-5)
Status: (Introduced) 2024-01-03 - referred to higher education [A02033 Detail]
Download: New_York-2023-A02033-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2033 2023-2024 Regular Sessions IN ASSEMBLY January 23, 2023 ___________ Introduced by M. of A. L. ROSENTHAL, OTIS, STIRPE, BENEDETTO, FAHY, ZEBROWSKI, DICKENS, PAULIN, HEVESI, CRUZ, REYES, GALLAGHER, JONES, KELLES, LUPARDO, MIKULIN, WALSH, BURGOS, ZINERMAN, AUBRY, SEAWRIGHT, DINOWITZ, SAYEGH, BICHOTTE HERMELYN, GUNTHER, CLARK, SMITH, FORREST, JACKSON, HYNDMAN, CARROLL, SILLITTI -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, EPSTEIN, McDONOUGH -- read once and referred to the Committee on Higher Education AN ACT to amend the education law and the social services law, in relation to the practice of school psychology 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 2 that the ever-growing social and emotional needs of children and youth 3 have only been intensified by the COVID-19 pandemic. The legislature 4 acknowledges that the U.S. Surgeon General has declared a national emer- 5 gency in relation to children's mental health, and that parents and 6 professionals are calling for greater access to mental health services 7 for children. The legislature therefore intends, as we emerge from the 8 pandemic, that we ensure services are available for children, youth, and 9 their parents to seek the help they need by allowing school psychol- 10 ogists to assist these individuals outside of a traditional setting. The 11 legislature finds that increasing the number of trained professionals 12 who are able to provide mental health services outside of an educational 13 setting will be positive for the children, parents, school, and society. 14 School psychologists are trained and educated in psychopathology, the 15 psychology of learning, motivation and human development in order to 16 address the many factors influencing their adjustment in school and 17 life. Accordingly, these factors may include trauma, social and 18 emotional adjustment, inequitable and historically marginalized communi- 19 ty conditions, school climate, and home/school/community collaboration. 20 The legislature therefore declares that by addressing the needs of chil- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05604-02-3A. 2033 2 1 dren through prevention services, assessments and/or counseling, school 2 psychologists can contribute to their future success. It is important 3 that school psychologists are held to specific standards and require- 4 ments that will ensure competent services. 5 § 2. The education law is amended by adding a new article 166-A to 6 read as follows: 7 ARTICLE 166-A 8 SCHOOL PSYCHOLOGY 9 Section 8720. Introduction. 10 8721. Practice of school psychology and use of the title 11 "licensed school psychologist". 12 8722. Definition of the practice of school psychology. 13 8723. Requirements for a professional license. 14 8724. Boundaries of professional competency. 15 8725. Limited permits. 16 8726. Exemptions. 17 8727. Special provisions. 18 § 8720. Introduction. This article applies to the profession and prac- 19 tice of school psychology and to the use of the title "licensed school 20 psychologist". The general provisions for all professions contained in 21 article one hundred thirty of this title apply to this article. 22 § 8721. Practice of school psychology and use of the title "licensed 23 school psychologist". Only a person licensed or exempt under this arti- 24 cle shall practice school psychology or use the title "licensed school 25 psychologist". 26 § 8722. Definition of the practice of school psychology. The practice 27 of school psychology is: 28 1. the assessment, including psycho-educational, developmental and 29 vocational assessment, evaluation and interpretation of intelligence, 30 cognitive processes, aptitudes, interests, academic achievement, 31 adjustment, personality factors and motivations, or any other attri- 32 butes, to individuals or groups of individuals aged birth to twenty-five 33 years that relate to learning, education or adjustment needs; 34 2. the development and implementation of educationally-related 35 psychotherapeutic and behavioral approaches to increase school adjust- 36 ment and academic success, counseling and interpretive services to 37 reduce education-related problems including, but not limited to, verbal 38 interaction, interviewing, behavior techniques, developmental and voca- 39 tional intervention, environmental management and group processes; 40 3. consultation with representatives of schools, agencies and organ- 41 izations, families or individuals, including psycho-educational, devel- 42 opmental and vocational assistance or direct educational services, 43 related to learning problems and adjustments to those problems to the 44 benefit of an individual or group of individuals age birth to twenty- 45 five years; and 46 4. the development of programming, including designing, implementing 47 or evaluating educationally and psychologically sound learning environ- 48 ments and the facilitation of psycho-educational development of individ- 49 uals, families or groups. 50 § 8723. Requirements for a professional license. To qualify for a 51 license as a licensed school psychologist, an applicant shall fulfill 52 the following requirements: 53 1. Application: File an application with the department; 54 2. Education: Complete a minimum of sixty graduate semester hours in 55 psychology credits including a master's degree and fulfill the require- 56 ments of an advanced certificate in school psychology or its equivalentA. 2033 3 1 or doctoral degree in school psychology from a program registered by the 2 department, or determined by the department to be the substantial equiv- 3 alent in accordance with the commissioner's regulations. The graduate 4 coursework shall include, but not be limited to, the following areas: 5 (i) biological, social and cultural bases of development; 6 (ii) psychopathology and exceptionality in learning and behavior; 7 (iii) assessment and appraisal of learners in home and school 8 contexts; 9 (iv) consultation and collaboration in family, school and community 10 systems; 11 (v) effective instruction and development of cognitive and academic 12 skills; 13 (vi) prevention and treatment of behavioral and emotional disorders 14 and deficits; 15 (vii) school organization, curriculum, policy and law; 16 (viii) research and program evaluation; 17 (ix) professional and ethical practice of psychology in schools; and 18 (x) completion of a twelve hundred hour supervised internship in 19 school psychology, with no less than six hundred hours completed within 20 a school setting. 21 3. Experience: Complete a minimum of two thousand four hundred hours 22 of post-master's supervised experience relevant to the practice of 23 school psychology satisfactory to the board and in accordance with the 24 commissioner's regulations, such supervised experience which may include 25 one thousand two hundred hours completed as part of a program in school 26 psychology. Satisfactory experience obtained in an entity operating 27 under a waiver issued by the department pursuant to section sixty-five 28 hundred three-a of this title may be accepted by the department, 29 notwithstanding that such experience may have been obtained prior to the 30 effective date of such section sixty-five hundred three-a and/or prior 31 to the entity having obtained a waiver. The department may, for good 32 cause shown, accept satisfactory experience that was obtained in a 33 setting that would have been eligible for a waiver but which has not 34 obtained a waiver from the department or experience that was obtained in 35 good faith by the applicant under the belief that appropriate authori- 36 zation had been obtained for the experience, provided that such experi- 37 ence meets all other requirements for acceptable experience; 38 4. Examination: Pass an examination satisfactory to the board and in 39 accordance with the commissioner's regulations; 40 5. Age: Be at least twenty-one years of age; 41 6. Character: Be of good moral character as determined by the depart- 42 ment; and 43 7. Fees: Pay a fee of one hundred seventy-five dollars to the depart- 44 ment for admission to a department conducted examination and for an 45 initial license and a fee of one hundred seventy dollars for each trien- 46 nial registration period. 47 § 8724. Boundaries of professional competency. 1. It shall be deemed 48 practicing outside the boundaries of his or her professional competence 49 for a person licensed pursuant to this article, in the case of treatment 50 of any serious mental illness, to provide any mental health services 51 for such illness on a continuous and sustained basis without a medical 52 evaluation of the illness by, and consultation with, a physician regard- 53 ing such illness. Such medical evaluation and consultation shall be to 54 determine and advise whether any medical care is indicated for such 55 illness. For purposes of this section, "serious mental illness" means 56 schizophrenia, schizoaffective disorder, bipolar disorder, majorA. 2033 4 1 depressive disorder, panic disorder and obsessive-compulsive disorder. 2 Nothing in this section shall be construed to prevent, limit or impair 3 consultation with any other health or mental health professional. Noth- 4 ing herein contained shall limit, modify, restrict or otherwise affect 5 the definition of the practice of school psychology as provided in 6 section eighty-seven hundred twenty-two of this article. 7 2. Any individual whose license or authority to practice derives from 8 the provisions of this article shall be prohibited from: 9 (a) prescribing or administering drugs as defined in this chapter as a 10 treatment, therapy, or professional service in the practice of his or 11 her profession; or 12 (b) using invasive procedures as a treatment, therapy, or professional 13 service in the practice of his or her profession. For purposes of this 14 subdivision, "invasive procedure" means any procedure in which human 15 tissue is cut, altered, or otherwise infiltrated by mechanical or other 16 means. Invasive procedure includes surgery, lasers, ionizing radiation, 17 therapeutic ultrasound, or electroconvulsive therapy; or 18 (c) engaging in dual setting practice, or otherwise offering or 19 providing private practice services to a student of a school or special 20 education program where the practitioner is currently employed or under 21 contract with such school or program. 22 3. Nothing in this article shall be deemed to authorize, grant or 23 extend hospital privileges to individuals licensed under this article. 24 § 8725. Limited permits. 1. The department may issue a limited permit 25 to an applicant whose qualifications have been approved for admission to 26 the examination in accordance with regulations promulgated therefor. 27 2. Limited permits shall be for one year and be renewed, at the 28 discretion of the department, for one additional year. 29 3. The fee for each limited permit and for each renewal shall be 30 seventy dollars. 31 § 8726. Exemptions. Nothing contained in this article shall be 32 construed to: 33 1. apply to the practice, conduct, activities, services or use of any 34 title by any person licensed or otherwise authorized to practice medi- 35 cine within the state pursuant to article one hundred thirty-one of this 36 title or by any person registered to perform services as a physician 37 assistant within the state pursuant to article one hundred thirty-one-B 38 of this title or by any person licensed or otherwise authorized to prac- 39 tice psychology within this state pursuant to article one hundred 40 fifty-three of this title or by any person licensed or otherwise author- 41 ized to practice as a licensed clinical social worker within this state 42 pursuant to article one hundred fifty-four of this title, or by any 43 person licensed or otherwise authorized to practice nursing as a regis- 44 tered professional nurse within this state pursuant to article one 45 hundred thirty-nine of this title, or by any person licensed or other- 46 wise authorized to practice mental health counseling, marriage and fami- 47 ly therapy, creative arts therapy, or psychoanalysis within the state, 48 or by any person licensed or otherwise authorized to practice applied 49 behavior analysis within the state pursuant to this article; provided, 50 however, that no physician, physician's assistant, registered profes- 51 sional nurse, psychologist, licensed clinical social worker, licensed 52 mental health counselor, licensed marriage and family therapist, 53 licensed creative arts therapist, licensed psychoanalyst or licensed 54 applied behavior analyst may use the title unless licensed under this 55 article;A. 2033 5 1 2. prohibit or limit any individual who is credentialed under any law, 2 including attorneys, rape crisis counselors, certified alcoholism coun- 3 selors and certified substance abuse counselors from providing mental 4 health services within their respective established authorities; 5 3. prohibit or limit the practice of a profession licensed pursuant 6 to this article by a student, intern or resident in, and as a part of, a 7 supervised educational program in an institution approved by the depart- 8 ment; 9 4. prohibit or limit the provision of pastoral counseling services by 10 any member of the clergy or Christian Science practitioner, within the 11 context of his or her ministerial charge or obligation; 12 5. prohibit or limit individuals, churches, schools, teachers, organ- 13 izations, or not-for-profit businesses, from providing instruction, 14 advice, support, encouragement, or information to individuals, families, 15 and relational groups; 16 6. prohibit or limit an occupational therapist from performing work 17 consistent with article one hundred fifty-six of this title; or 18 7. affect or prevent the activities or services on the part of a 19 person in the employ of a federal, state, county, or municipal agency, 20 other political subdivision, or a chartered elementary or secondary 21 school or degree-granting educational institution insofar as such activ- 22 ities and services are a part of the duties of such person's salaried 23 position. 24 § 8727. Special provisions. 1. Any nonexempt person practicing the 25 profession of school psychology shall apply for a license of such 26 profession within one year of the effective date of this section. 27 (a) If such person does not meet the requirements for a license estab- 28 lished within this article, such person may meet alternative criteria 29 determined by the department to be the substantial equivalent of such 30 criteria. 31 (b) If such person meets the requirements for a license established 32 within this article, except for examination, and has been certified or 33 registered by a national certifying or registering body having certif- 34 ication or registration standards acceptable to the commissioner, the 35 department shall license without examination. 36 2. Notwithstanding the requirements of section eighty-seven hundred 37 twenty-three of this article, and for a period of time not to exceed two 38 years from the effective date of this article, an individual may be 39 licensed as a school psychologist provided such person has either: 40 (a) met the educational requirements as defined in section eighty-sev- 41 en hundred twenty-three of this article and performed the duties of a 42 school psychologist as authorized by article one hundred fifty-three of 43 this title or any other provision of law, for two of the past five years 44 prior to the effective date of this article; or 45 (b) performed the duties of a school psychologist as authorized by 46 article one hundred fifty-three of this title or any other provision of 47 law, for at least five years prior to the effective date of this arti- 48 cle. 49 3. Any person licensed pursuant to this article may use accepted codes 50 and classifications of signs, symptoms, dysfunctions and disorders, as 51 approved in accordance with regulations promulgated by the department, 52 in the practice of such licensed profession. 53 4. Nothing in this article shall be deemed to alter, modify or affect 54 the provisions of section three thousand twelve or twenty-five hundred 55 ten of this chapter or otherwise affect the certification of a school 56 psychologist.A. 2033 6 1 § 3. Paragraph a of subdivision 3 of section 6507 of the education 2 law, as amended by chapter 479 of the laws of 2022, is amended to read 3 as follows: 4 a. Establish standards for preprofessional and professional education, 5 experience and licensing examinations as required to implement the arti- 6 cle for each profession. Notwithstanding any other provision of law, the 7 commissioner shall establish standards requiring that all persons apply- 8 ing, on or after January first, nineteen hundred ninety-one, initially, 9 or for the renewal of, a license, registration or limited permit to be a 10 physician, chiropractor, dentist, registered nurse, podiatrist, optome- 11 trist, psychiatrist, psychologist, licensed school psychologist licensed 12 master social worker, licensed clinical social worker, licensed creative 13 arts therapist, licensed marriage and family therapist, licensed mental 14 health counselor, licensed psychoanalyst, dental hygienist, licensed 15 behavior analyst, or certified behavior analyst assistant shall, in 16 addition to all the other licensure, certification or permit require- 17 ments, have completed two hours of coursework or training regarding the 18 identification and reporting of child abuse and maltreatment. The 19 coursework or training shall be obtained from an institution or provider 20 which has been approved by the department to provide such coursework or 21 training. The coursework or training shall include information regarding 22 the physical and behavioral indicators of child abuse and maltreatment 23 and the statutory reporting requirements set out in sections four 24 hundred thirteen through four hundred twenty of the social services law, 25 including but not limited to, when and how a report must be made, what 26 other actions the reporter is mandated or authorized to take, the legal 27 protections afforded reporters, and the consequences for failing to 28 report. Such coursework or training may also include information regard- 29 ing the physical and behavioral indicators of the abuse of individuals 30 with developmental disabilities and voluntary reporting of abused or 31 neglected adults to the office for people with developmental disabili- 32 ties or the local adult protective services unit. Each applicant shall 33 provide the department with documentation showing that he or she has 34 completed the required training. The department shall provide an 35 exemption from the child abuse and maltreatment training requirements to 36 any applicant who requests such an exemption and who shows, to the 37 department's satisfaction, that there would be no need because of the 38 nature of his or her practice for him or her to complete such training; 39 § 4. Section 7602 of the education law, as added by chapter 987 of the 40 laws of 1971, is amended to read as follows: 41 § 7602. State board for psychology. A state board for psychology 42 shall be appointed by the board of regents on recommendation of the 43 commissioner for the purpose of assisting the board of regents and the 44 department on matters of professional licensing and professional conduct 45 in accordance with section sixty-five hundred eight of this title. The 46 board shall be composed of not less than eleven [psychologists licensed47in this state] members, a number of whom shall be licensed school 48 psychologists sufficient to assure meaningful participation in board 49 activities. An executive secretary to the board shall be appointed by 50 the board of regents upon the recommendation of the commissioner and 51 shall be a psychologist, licensed in this state. 52 § 5. Paragraph (a) of subdivision 1 of section 413 of the social 53 services law, as amended by section 7 of part C of chapter 57 of the 54 laws of 2018, is amended to read as follows: 55 (a) The following persons and officials are required to report or 56 cause a report to be made in accordance with this title when they haveA. 2033 7 1 reasonable cause to suspect that a child coming before them in their 2 professional or official capacity is an abused or maltreated child, or 3 when they have reasonable cause to suspect that a child is an abused or 4 maltreated child where the parent, guardian, custodian or other person 5 legally responsible for such child comes before them in their profes- 6 sional or official capacity and states from personal knowledge facts, 7 conditions or circumstances which, if correct, would render the child an 8 abused or maltreated child: any physician; registered physician assist- 9 ant; surgeon; medical examiner; coroner; dentist; dental hygienist; 10 osteopath; optometrist; chiropractor; podiatrist; resident; intern; 11 psychologist; licensed school psychologist; registered nurse; social 12 worker; emergency medical technician; licensed creative arts therapist; 13 licensed marriage and family therapist; licensed mental health counse- 14 lor; licensed psychoanalyst; licensed behavior analyst; certified behav- 15 ior analyst assistant; hospital personnel engaged in the admission, 16 examination, care or treatment of persons; a Christian Science practi- 17 tioner; school official, which includes but is not limited to school 18 teacher, school guidance counselor, school psychologist, school social 19 worker, school nurse, school administrator or other school personnel 20 required to hold a teaching or administrative license or certificate; 21 full or part-time compensated school employee required to hold a tempo- 22 rary coaching license or professional coaching certificate; social 23 services worker; employee of a publicly-funded emergency shelter for 24 families with children; director of a children's overnight camp, summer 25 day camp or traveling summer day camp, as such camps are defined in 26 section thirteen hundred ninety-two of the public health law; day care 27 center worker; school-age child care worker; provider of family or group 28 family day care; employee or volunteer in a residential care facility 29 for children that is licensed, certified or operated by the office of 30 children and family services; or any other child care or foster care 31 worker; mental health professional; substance abuse counselor; alcohol- 32 ism counselor; all persons credentialed by the office of [alcoholism and33substance abuse] addiction services and supports; employees, who are 34 expected to have regular and substantial contact with children, of a 35 health home or health home care management agency contracting with a 36 health home as designated by the department of health and authorized 37 under section three hundred sixty-five-l of this chapter or such employ- 38 ees who provide home and community based services under a demonstration 39 program pursuant to section eleven hundred fifteen of the federal social 40 security act who are expected to have regular and substantial contact 41 with children; peace officer; police officer; district attorney or 42 assistant district attorney; investigator employed in the office of a 43 district attorney; or other law enforcement official. 44 § 6. Subparagraph (i) of paragraph a of subdivision 1 of section 45 6503-a of the education law, as amended by chapter 554 of the laws of 46 2013, is amended to read as follows: 47 (i) services provided under article one hundred fifty-four, one 48 hundred sixty-three [or], one hundred sixty-seven or one hundred sixty- 49 six-A of this title for which licensure would be required, or 50 § 7. Severability. If any clause, sentence, paragraph, section or part 51 of this act shall be adjudged by any court of competent jurisdiction to 52 be invalid, the judgment shall not affect, impair, or invalidate the 53 remainder thereof, but shall be confined in its operation to the clause, 54 sentence, paragraph, section or part thereof directly involved in the 55 controversy in which the judgment shall have been rendered.A. 2033 8 1 § 8. This act shall take effect twelve months after it shall have 2 become a law; provided, however, that effective immediately the depart- 3 ment of education is authorized to promulgate any and all rules and 4 regulations and take any other measure necessary to implement this act 5 on or before its effective date, including, but not limited to, the 6 appointment of the state board for psychology, the acceptance and proc- 7 essing of applications for licensure and the issuance of licenses; and 8 provided, further, that the provisions of article 166-A of the education 9 law, as added by section two of this act, requiring a license or limited 10 permit to practice under such article shall not be enforced until twen- 11 ty-four months after the effective date of this act.
