Bill Text: NY A03570 | 2013-2014 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides for the licensure of school psychologists; authorizes the use of the title "school psychologist" to licensed or exempt individuals; defines practice as a school psychologist; 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: Strong Partisan Bill (Democrat 10-1)

Status: (Introduced - Dead) 2014-06-05 - print number 3570b [A03570 Detail]

Download: New_York-2013-A03570-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3570--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2013
                                      ___________
       Introduced  by  M.  of A. ROSENTHAL, MILLER -- read once and referred to
         the Committee  on  Higher  Education  --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee
       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. The education law is amended by adding a new article 167 to
    2  read as follows:
    3                                  ARTICLE 167
    4                              SCHOOL PSYCHOLOGY
    5  SECTION 8720. INTRODUCTION.
    6          8721. PRACTICE OF SCHOOL PSYCHOLOGY AND USE OF THE TITLE "SCHOOL
    7                  PSYCHOLOGIST".
    8          8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY.
    9          8723. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
   10          8724. BOUNDARIES OF PROFESSIONAL COMPETENCY.
   11          8725. LIMITED PERMITS.
   12          8726. EXEMPTIONS.
   13          8727. SPECIAL PROVISIONS.
   14    S 8720. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION AND PRAC-
   15  TICE OF SCHOOL  PSYCHOLOGY AND TO THE USE OF THE TITLE "LICENSED  SCHOOL
   16  PSYCHOLOGIST".   THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN
   17  ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
   18    S 8721. PRACTICE OF SCHOOL PSYCHOLOGY AND USE  OF  THE  TITLE  "SCHOOL
   19  PSYCHOLOGIST".    ONLY  A  PERSON  LICENSED OR EXEMPT UNDER THIS ARTICLE
   20  SHALL PRACTICE SCHOOL PSYCHOLOGY  OR  USE  THE  TITLE  "LICENSED  SCHOOL
   21  PSYCHOLOGIST".
   22    S  8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY. THE PRACTICE
   23  OF SCHOOL PSYCHOLOGY IS:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03598-05-3
       A. 3570--A                          2
    1    1. THE ASSESSMENT,  INCLUDING  PSYCHO-EDUCATIONAL,  DEVELOPMENTAL  AND
    2  VOCATIONAL    ASSESSMENT, EVALUATION AND INTERPRETATION OF INTELLIGENCE,
    3  COGNITIVE  PROCESSES,  APTITUDES,    INTERESTS,  ACADEMIC   ACHIEVEMENT,
    4  ADJUSTMENT,  PERSONALITY  FACTORS  AND  MOTIVATIONS, OR ANY OTHER ATTRI-
    5  BUTES,  IN  INDIVIDUALS OR GROUPS, THAT RELATE TO LEARNING, EDUCATION OR
    6  ADJUSTMENT NEEDS;
    7    2.  THE  DEVELOPMENT  AND  IMPLEMENTATION   OF   EDUCATIONALLY-RELATED
    8  PSYCHOTHERAPEUTIC  AND  BEHAVIORAL APPROACHES TO INCREASE SCHOOL ADJUST-
    9  MENT AND ACADEMIC  SUCCESS,  COUNSELING  AND  INTERPRETIVE  SERVICES  TO
   10  REDUCE  EDUCATION-RELATED PROBLEMS INCLUDING, BUT NOT LIMITED TO, VERBAL
   11  INTERACTION, INTERVIEWING, BEHAVIOR TECHNIQUES, DEVELOPMENTAL AND  VOCA-
   12  TIONAL INTERVENTION, ENVIRONMENTAL MANAGEMENT AND GROUP PROCESSES;
   13    3.  CONSULTATION  WITH REPRESENTATIVES OF SCHOOLS, AGENCIES AND ORGAN-
   14  IZATIONS, FAMILIES OR INDIVIDUALS, INCLUDING PSYCHO-EDUCATIONAL,  DEVEL-
   15  OPMENTAL  AND  VOCATIONAL    ASSISTANCE  OR DIRECT EDUCATIONAL SERVICES,
   16  RELATED TO LEARNING PROBLEMS AND ADJUSTMENTS TO  THOSE PROBLEMS; AND
   17    4. THE DEVELOPMENT OF PROGRAMMING, INCLUDING  DESIGNING,  IMPLEMENTING
   18  OR  EVALUATING EDUCATIONALLY AND PSYCHOLOGICALLY SOUND LEARNING ENVIRON-
   19  MENTS AND THE FACILITATION OF PSYCHO-EDUCATIONAL DEVELOPMENT OF INDIVID-
   20  UALS, FAMILIES OR GROUPS.
   21    S 8723.  REQUIREMENTS FOR A PROFESSIONAL LICENSE.  TO  QUALIFY  FOR  A
   22  LICENSE  AS  A  LICENSED SCHOOL PSYCHOLOGIST, AN APPLICANT SHALL FULFILL
   23  THE FOLLOWING REQUIREMENTS:
   24    1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   25    2. EDUCATION: COMPLETE A MINIMUM OF SIXTY GRADUATE CREDITS AND FULFILL
   26  THE REQUIREMENTS OF A MASTER'S OR DOCTORAL DEGREE IN  SCHOOL  PSYCHOLOGY
   27  FROM  A  PROGRAM  REGISTERED  BY  THE  DEPARTMENT,  OR DETERMINED BY THE
   28  DEPARTMENT TO BE THE  SUBSTANTIAL  EQUIVALENT  IN  ACCORDANCE  WITH  THE
   29  COMMISSIONER'S  REGULATIONS.  THE GRADUATE COURSEWORK SHALL INCLUDE, BUT
   30  NOT BE LIMITED TO, THE FOLLOWING AREAS:
   31    (I) BIOLOGICAL, SOCIAL AND CULTURAL BASES OF DEVELOPMENT;
   32    (II) PSYCHOPATHOLOGY AND EXCEPTIONALITY IN LEARNING AND BEHAVIOR;
   33    (III)  ASSESSMENT  AND  APPRAISAL  OF  LEARNERS  IN  HOME  AND  SCHOOL
   34  CONTEXTS;
   35    (IV)  CONSULTATION  AND  COLLABORATION IN FAMILY, SCHOOL AND COMMUNITY
   36  SYSTEMS;
   37    (V) EFFECTIVE INSTRUCTION AND DEVELOPMENT OF  COGNITIVE  AND  ACADEMIC
   38  SKILLS;
   39    (VI)  PREVENTION  AND  TREATMENT OF BEHAVIORAL AND EMOTIONAL DISORDERS
   40  AND DEFICITS;
   41    (VII) SCHOOL ORGANIZATION, CURRICULUM, POLICY AND LAW;
   42    (VIII) RESEARCH AND PROGRAM EVALUATION;
   43    (IX) PROFESSION AND ETHICAL PRACTICE OF PSYCHOLOGY IN SCHOOLS; AND
   44    (X) COMPLETION OF A  TWELVE  HUNDRED  HOUR  SUPERVISED  INTERNSHIP  IN
   45  SCHOOL  PSYCHOLOGY, WITH NO LESS THAN SIX HUNDRED HOURS COMPLETED WITHIN
   46  A SCHOOL SETTING.
   47    3. EXPERIENCE: COMPLETE A MINIMUM OF TWO THOUSAND FOUR  HUNDRED  HOURS
   48  OF  POST-MASTER'S  SUPERVISED  EXPERIENCE  RELEVANT  TO  THE PRACTICE OF
   49  SCHOOL PSYCHOLOGY SATISFACTORY TO THE BOARD AND IN ACCORDANCE  WITH  THE
   50  COMMISSIONER'S REGULATIONS, SUCH SUPERVISED EXPERIENCE WHICH MAY INCLUDE
   51  ONE  THOUSAND TWO HUNDRED HOURS COMPLETED AS PART OF A PROGRAM IN SCHOOL
   52  PSYCHOLOGY;
   53    4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD  AND  IN
   54  ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   55    5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
       A. 3570--A                          3
    1    6.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
    2  MENT; AND
    3    7.  FEES: PAY A FEE OF TWO HUNDRED FORTY DOLLARS TO THE DEPARTMENT FOR
    4  ADMISSION TO A DEPARTMENT  CONDUCTED  EXAMINATION  AND  FOR  AN  INITIAL
    5  LICENSE;  A FEE OF EIGHTY-FIVE  DOLLARS FOR EACH REEXAMINATION; A FEE OF
    6  ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL  LICENSE FOR PERSONS NOT
    7  REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND A  FEE  OF
    8  ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
    9    S  8724. BOUNDARIES OF PROFESSIONAL COMPETENCY. 1.  IT SHALL BE DEEMED
   10  PRACTICING OUTSIDE THE BOUNDARIES OF HIS OR HER PROFESSIONAL  COMPETENCE
   11  FOR A PERSON LICENSED PURSUANT TO THIS ARTICLE, IN THE CASE OF TREATMENT
   12  OF  ANY  SERIOUS  MENTAL ILLNESS, TO PROVIDE  ANY MENTAL HEALTH SERVICES
   13  FOR SUCH ILLNESS ON A CONTINUOUS AND SUSTAINED BASIS WITHOUT A   MEDICAL
   14  EVALUATION OF THE ILLNESS BY, AND CONSULTATION WITH, A PHYSICIAN REGARD-
   15  ING SUCH  ILLNESS.  SUCH MEDICAL EVALUATION AND CONSULTATION SHALL BE TO
   16  DETERMINE  AND  ADVISE  WHETHER  ANY  MEDICAL CARE IS INDICATED FOR SUCH
   17  ILLNESS. FOR PURPOSES OF THIS SECTION,  "SERIOUS MENTAL  ILLNESS"  MEANS
   18  SCHIZOPHRENIA,   SCHIZOAFFECTIVE  DISORDER,  BIPOLAR  DISORDER,    MAJOR
   19  DEPRESSIVE DISORDER, PANIC DISORDER AND  OBSESSIVE-COMPULSIVE  DISORDER.
   20  NOTHING  IN  THIS SECTION SHALL BE CONSTRUED TO PREVENT, LIMIT OR IMPAIR
   21  CONSULTATION WITH ANY OTHER HEALTH OR MENTAL HEALTH PROFESSIONAL.  NOTH-
   22  ING HEREIN CONTAINED SHALL LIMIT, MODIFY, RESTRICT OR  OTHERWISE  AFFECT
   23  THE  DEFINITION  OF  THE  PRACTICE  OF  SCHOOL PSYCHOLOGY AS PROVIDED IN
   24  SECTION EIGHTY-SEVEN HUNDRED TWENTY-TWO OF THIS ARTICLE.
   25    2. ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES  FROM
   26  THE PROVISIONS OF THIS ARTICLE SHALL BE PROHIBITED FROM:
   27    (A) PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER AS A
   28  TREATMENT,  THERAPY,  OR  PROFESSIONAL SERVICE IN THE PRACTICE OF HIS OR
   29  HER PROFESSION; OR
   30    (B) USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
   31  SERVICE IN THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES  OF  THIS
   32  SUBDIVISION,  "INVASIVE  PROCEDURE"  MEANS  ANY PROCEDURE IN WHICH HUMAN
   33  TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR  OTHER
   34  MEANS.  INVASIVE PROCEDURE INCLUDES SURGERY, LASERS, IONIZING RADIATION,
   35  THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY.
   36    3.  NOTHING  IN  THIS  ARTICLE  SHALL BE DEEMED TO AUTHORIZE, GRANT OR
   37  EXTEND HOSPITAL PRIVILEGES TO INDIVIDUALS LICENSED UNDER THIS ARTICLE.
   38    S 8725. LIMITED PERMITS.  1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT
   39  TO AN APPLICANT WHOSE QUALIFICATIONS HAVE BEEN APPROVED FOR ADMISSION TO
   40  THE EXAMINATION IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
   41    2. LIMITED PERMITS SHALL BE FOR  ONE  YEAR  AND  BE  RENEWED,  AT  THE
   42  DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
   43    3.  THE  FEE  FOR  EACH  LIMITED  PERMIT AND FOR EACH RENEWAL SHALL BE
   44  SEVENTY DOLLARS.
   45    S 8726.  EXEMPTIONS.  NOTHING  CONTAINED  IN  THIS  ARTICLE  SHALL  BE
   46  CONSTRUED TO:
   47    1.  APPLY TO THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF ANY
   48  TITLE BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO  PRACTICE  MEDI-
   49  CINE WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS
   50  TITLE  OR  BY  ANY  PERSON REGISTERED TO PERFORM SERVICES AS A PHYSICIAN
   51  ASSISTANT WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED  THIRTY-ONE-B
   52  OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRAC-
   53  TICE  PSYCHOLOGY  WITHIN  THIS  STATE  PURSUANT  TO  ARTICLE ONE HUNDRED
   54  FIFTY-THREE OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHOR-
   55  IZED TO PRACTICE AS A LICENSED CLINICAL SOCIAL WORKER WITHIN THIS  STATE
   56  PURSUANT  TO  ARTICLE  ONE  HUNDRED  FIFTY-FOUR OF THIS TITLE, OR BY ANY
       A. 3570--A                          4
    1  PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE NURSING AS A  REGIS-
    2  TERED  PROFESSIONAL  NURSE  WITHIN  THIS STATE PURSUANT   TO ARTICLE ONE
    3  HUNDRED THIRTY-NINE OF THIS TITLE, OR BY ANY PERSON LICENSED  OR  OTHER-
    4  WISE AUTHORIZED TO PRACTICE MENTAL HEALTH COUNSELING, MARRIAGE AND FAMI-
    5  LY  THERAPY, CREATIVE   ARTS THERAPY, OR PSYCHOANALYSIS WITHIN THE STATE
    6  PURSUANT TO ARTICLE ONE HUNDRED SIXTY-THREE  OF  THIS  TITLE;  PROVIDED,
    7  HOWEVER,  THAT  NO  PHYSICIAN, PHYSICIAN'S ASSISTANT, REGISTERED PROFES-
    8  SIONAL NURSE, PSYCHOLOGIST, LICENSED CLINICAL  SOCIAL  WORKER,  LICENSED
    9  MENTAL   HEALTH  COUNSELOR,  LICENSED  MARRIAGE  AND  FAMILY  THERAPIST,
   10  LICENSED CREATIVE ARTS THERAPIST OR LICENSED PSYCHOANALYST MAY  USE  THE
   11  TITLE UNLESS LICENSED UNDER THIS ARTICLE;
   12    2. PROHIBIT OR LIMIT ANY INDIVIDUAL WHO IS CREDENTIALED UNDER ANY LAW,
   13  INCLUDING  ATTORNEYS, RAPE CRISIS COUNSELORS, CERTIFIED ALCOHOLISM COUN-
   14  SELORS AND CERTIFIED SUBSTANCE ABUSE COUNSELORS  FROM  PROVIDING  MENTAL
   15  HEALTH SERVICES WITHIN THEIR RESPECTIVE ESTABLISHED AUTHORITIES;
   16    3.  PROHIBIT  OR LIMIT THE  PRACTICE OF A PROFESSION LICENSED PURSUANT
   17  TO THIS ARTICLE BY A STUDENT, INTERN OR RESIDENT IN, AND AS A PART OF, A
   18  SUPERVISED EDUCATIONAL PROGRAM IN AN INSTITUTION APPROVED BY THE DEPART-
   19  MENT;
   20    4. PROHIBIT OR LIMIT THE PROVISION OF PASTORAL COUNSELING SERVICES  BY
   21  ANY  MEMBER  OF THE CLERGY OR CHRISTIAN SCIENCE PRACTITIONER, WITHIN THE
   22  CONTEXT OF HIS OR HER MINISTERIAL  CHARGE OR OBLIGATION;
   23    5. PROHIBIT OR LIMIT INDIVIDUALS, CHURCHES, SCHOOLS, TEACHERS,  ORGAN-
   24  IZATIONS,  OR  NOT-FOR-PROFIT  BUSINESSES,  FROM  PROVIDING INSTRUCTION,
   25  ADVICE, SUPPORT, ENCOURAGEMENT, OR INFORMATION TO INDIVIDUALS, FAMILIES,
   26  AND RELATIONAL GROUPS; OR
   27    6. PROHIBIT OR LIMIT AN OCCUPATIONAL THERAPIST  FROM  PERFORMING  WORK
   28  CONSISTENT WITH ARTICLE ONE HUNDRED FIFTY-SIX OF THIS TITLE.
   29    S  8727.  SPECIAL  PROVISIONS.  1. ANY NONEXEMPT PERSON PRACTICING THE
   30  PROFESSION OF SCHOOL PSYCHOLOGY  SHALL  APPLY  FOR  A  LICENSE  OF  SUCH
   31  PROFESSION WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
   32    (A) IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB-
   33  LISHED  WITHIN  THIS  ARTICLE, SUCH PERSON MAY MEET ALTERNATIVE CRITERIA
   34  DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL  EQUIVALENT  OF  SUCH
   35  CRITERIA.
   36    (B)  IF  SUCH  PERSON MEETS THE REQUIREMENTS FOR A LICENSE ESTABLISHED
   37  WITHIN THIS  ARTICLE, EXCEPT FOR EXAMINATION, AND HAS BEEN CERTIFIED  OR
   38  REGISTERED  BY  A NATIONAL CERTIFYING OR REGISTERING BODY HAVING CERTIF-
   39  ICATION OR REGISTRATION STANDARDS ACCEPTABLE TO   THE COMMISSIONER,  THE
   40  DEPARTMENT SHALL LICENSE WITHOUT EXAMINATION.
   41    2.  NOTWITHSTANDING  THE  REQUIREMENTS OF SECTION EIGHTY-SEVEN HUNDRED
   42  TWENTY-THREE OF THIS ARTICLE, AND FOR A PERIOD OF TIME NOT TO EXCEED TWO
   43  YEARS FROM THE EFFECTIVE DATE OF THIS  ARTICLE,  AN  INDIVIDUAL  MAY  BE
   44  LICENSED AS A SCHOOL PSYCHOLOGIST PROVIDED SUCH PERSON HAS EITHER:
   45    (A) MET THE EDUCATIONAL REQUIREMENTS AS DEFINED IN SECTION EIGHTY-SEV-
   46  EN  HUNDRED  TWENTY-THREE  OF THIS ARTICLE AND PERFORMED THE DUTIES OF A
   47  SCHOOL PSYCHOLOGIST FOR TWO OF THE PAST FIVE YEARS PRIOR TO  THE  EFFEC-
   48  TIVE DATE OF THIS ARTICLE; OR
   49    (B)  PERFORMED  THE  DUTIES OF A SCHOOL PSYCHOLOGIST FOR AT LEAST FIVE
   50  YEARS PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE.
   51    3. ANY PERSON LICENSED PURSUANT TO THIS ARTICLE MAY USE ACCEPTED CODES
   52  AND CLASSIFICATIONS OF SIGNS, SYMPTOMS, DYSFUNCTIONS AND  DISORDERS,  AS
   53  APPROVED  IN ACCORDANCE WITH REGULATIONS  PROMULGATED BY THE DEPARTMENT,
   54  IN THE PRACTICE OF SUCH LICENSED PROFESSION.
       A. 3570--A                          5
    1    S 2. Paragraph a of subdivision 3 of section  6507  of  the  education
    2  law,  as  amended by chapter 356 of the laws of 2006, 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,
   12  licensed master social worker, licensed clinical social worker, licensed
   13  creative  arts  therapist,  licensed  marriage  and  family   therapist,
   14  licensed  mental  health  counselor,  licensed  psychoanalyst, or dental
   15  hygienist shall, in addition to all the other  licensure,  certification
   16  or permit requirements, have completed two hours of coursework or train-
   17  ing  regarding  the  identification  and  reporting  of  child abuse and
   18  maltreatment. The coursework or  training  shall  be  obtained  from  an
   19  institution  or  provider  which  has been approved by the department to
   20  provide such coursework or training. The coursework  or  training  shall
   21  include  information regarding the physical and behavioral indicators of
   22  child abuse and maltreatment and the  statutory  reporting  requirements
   23  set out in sections four hundred thirteen through four hundred twenty of
   24  the  social  services  law, including but not limited to, when and how a
   25  report must be made, what other actions  the  reporter  is  mandated  or
   26  authorized  to  take,  the legal protections afforded reporters, and the
   27  consequences for failing to report. Such coursework or training may also
   28  include information regarding the physical and behavioral indicators  of
   29  the abuse of individuals with mental retardation and other developmental
   30  disabilities  and  voluntary  reporting of abused or neglected adults to
   31  the office of mental retardation and developmental disabilities  or  the
   32  local  adult  protective services unit. Each applicant shall provide the
   33  department with documentation showing that he or she has  completed  the
   34  required  training.  The  department shall provide an exemption from the
   35  child abuse and maltreatment training requirements to any applicant  who
   36  requests  such an exemption and who shows, to the department's satisfac-
   37  tion, that there would be no need because of the nature of  his  or  her
   38  practice for him or her to complete such training;
   39    S  3.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
   40  services law, as amended by section 3 of part D of chapter  501  of  the
   41  laws of 2012, is amended to read as follows:
   42    (a)  The  following  persons  and  officials are required to report or
   43  cause a report to be made in accordance with this title when  they  have
   44  reasonable  cause  to  suspect  that a child coming before them in their
   45  professional or official capacity is an abused or maltreated  child,  or
   46  when  they have reasonable cause to suspect that a child is an abused or
   47  maltreated child where the parent, guardian, custodian or  other  person
   48  legally  responsible  for  such child comes before them in their profes-
   49  sional or official capacity and states from  personal  knowledge  facts,
   50  conditions or circumstances which, if correct, would render the child an
   51  abused  or maltreated child: any physician; registered physician assist-
   52  ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
   53  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
   54  psychologist; SCHOOL  PSYCHOLOGIST;  registered  nurse;  social  worker;
   55  emergency medical technician; licensed creative arts therapist; licensed
   56  marriage   and  family  therapist;  licensed  mental  health  counselor;
       A. 3570--A                          6
    1  licensed psychoanalyst; hospital personnel  engaged  in  the  admission,
    2  examination,  care  or treatment of persons; a Christian Science practi-
    3  tioner; school official, which includes but is  not  limited  to  school
    4  teacher,  school  guidance counselor, school psychologist, school social
    5  worker, school nurse, school administrator  or  other  school  personnel
    6  required  to  hold  a teaching or administrative license or certificate;
    7  social services worker; director of a children's overnight camp,  summer
    8  day  camp  or  traveling  summer  day camp, as such camps are defined in
    9  section thirteen hundred ninety-two of the public health law;  day  care
   10  center worker; school-age child care worker; provider of family or group
   11  family  day  care; or any other child care or foster care worker; mental
   12  health professional; substance abuse  counselor;  alcoholism  counselor;
   13  all persons credentialed by the office of alcoholism and substance abuse
   14  services;  peace officer; police officer; district attorney or assistant
   15  district attorney; investigator employed in the  office  of  a  district
   16  attorney; or other law enforcement official.
   17    S 4. Section 7602 of the education law, as added by chapter 987 of the
   18  laws of 1971, is amended to read as follows:
   19    S 7602. State  board  for  psychology.    A state board for psychology
   20  shall be appointed by the board of  regents  on  recommendation  of  the
   21  commissioner  for  the purpose of assisting the board of regents and the
   22  department on matters of professional licensing and professional conduct
   23  in accordance with section sixty-five hundred eight of this title.   The
   24  board  shall be composed of not less than eleven [psychologists licensed
   25  in this state] MEMBERS, A  NUMBER  OF  WHOM  SHALL  BE  LICENSED  SCHOOL
   26  PSYCHOLOGISTS  SUFFICIENT  TO  ASSURE  MEANINGFUL PARTICIPATION IN BOARD
   27  ACTIVITIES.  An executive secretary to the board shall be  appointed  by
   28  the  board  of  regents  upon the recommendation of the commissioner and
   29  shall be a psychologist, licensed in this state.
   30    S 5. Severability. If any clause, sentence, paragraph, section or part
   31  of this act shall be adjudged by any court of competent jurisdiction  to
   32  be  invalid,  the  judgment  shall not affect, impair, or invalidate the
   33  remainder thereof, but shall be confined in its operation to the clause,
   34  sentence, paragraph, section or part thereof directly  involved  in  the
   35  controversy in which the judgment shall have been rendered.
   36    S  6.  This  act  shall take effect January 1, 2015; provided that the
   37  department of education is authorized to promulgate any  and  all  rules
   38  and  regulations  and take any other measure necessary to implement this
   39  act on or before its effective date, including, but not limited to,  the
   40  appointment  of the state board for psychology, the acceptance and proc-
   41  essing of applications for  licensure  and  the  issuance  of  licenses;
   42  provided  further  that  the  provisions of article 167 of the education
   43  law, as added by section one of this act, requiring a license or limited
   44  permit to practice under such article shall not be enforced until  Janu-
   45  ary 1, 2016.
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