Bill Text: NY A04188 | 2019-2020 | General Assembly | Introduced


Bill Title: Clarifies the authorization to practice for mental health practitioners; includes the term "diagnosis" within the definition of the practice of mental health practitioners.

Spectrum: Slight Partisan Bill (Democrat 14-6)

Status: (Introduced) 2019-02-01 - referred to higher education [A04188 Detail]

Download: New_York-2019-A04188-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4188
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 1, 2019
                                       ___________
        Introduced  by M. of A. DenDEKKER, CUSICK, RODRIGUEZ, THIELE, McDONOUGH,
          DiPIETRO, ABBATE, SANTABARBARA, COLTON,  HEVESI,  ORTIZ,  BLANKENBUSH,
          RAIA,  SIMON, PHEFFER AMATO, DICKENS -- Multi-Sponsored by -- M. of A.
          BARCLAY, BUCHWALD, GALEF, HAWLEY -- read  once  and  referred  to  the
          Committee on Higher Education
        AN ACT to amend the education law, in relation to clarifying the author-
          ization to practice for mental health practitioners
          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 to read as follows:
     3    1.  Definition  of the practice of mental health counseling. The prac-
     4  tice of the profession of mental health counseling is defined as:
     5    (a) the evaluation, assessment,  diagnosis,  amelioration,  treatment,
     6  modification,  or  adjustment  to  a disability, problem, or disorder of
     7  behavior, character, development, emotion, personality or  relationships
     8  by  the  use  of verbal or behavioral methods with individuals, couples,
     9  families or groups in private practice, group,  or  organized  settings;
    10  [and]
    11    (b) the use of assessment instruments and mental health counseling and
    12  psychotherapy to identify, evaluate, diagnose and treat dysfunctions and
    13  disorders for purposes of providing appropriate mental health counseling
    14  services; and
    15    (c)  diagnosis  in  the  context  of licensed mental health counseling
    16  practice is  the  process  of  distinguishing  between  similar  mental,
    17  emotional,  behavioral,  developmental, and addictive disorders, impair-
    18  ments and disabilities within a psychosocial framework on the  basis  of
    19  their  similar and unique characteristics consistent with accepted clas-
    20  sification systems.
    21    § 2. Subdivision 1 of section 8403 of the education law, as  added  by
    22  chapter 676  of the laws of 2002, is amended to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07796-01-9

        A. 4188                             2
     1    1.  Definition  of  the  practice  of marriage and family therapy. The
     2  practice of the profession of marriage and family therapy is defined as:
     3    (a)  the  assessment,  diagnosis  and  treatment of nervous and mental
     4  disorders, whether affective, cognitive or behavioral, which results  in
     5  dysfunctional  interpersonal  family  relationships  including,  but not
     6  limited  to  familial   relationships,   marital/couple   relationships,
     7  parent-child  relationships,  pre-marital  and  other personal relation-
     8  ships;
     9    (b) the use of mental health counseling, psychotherapy and therapeutic
    10  techniques  to  evaluate  and  treat  marital,  relational,  and  family
    11  systems, and individuals in relationship to these systems;
    12    (c)  the  use  of mental health counseling and psychotherapeutic tech-
    13  niques to treat mental, emotional and behavioral disorders and  ailments
    14  within  the context of marital, relational and family systems to prevent
    15  and ameliorate dysfunction; [and]
    16    (d) the use of assessment instruments and mental health counseling and
    17  psychotherapy to identify [and], evaluate, diagnose and  treat  dysfunc-
    18  tions  and  disorders for purposes of providing appropriate marriage and
    19  family therapy services; and
    20    (e) diagnosis in the context of licensed marriage and  family  therapy
    21  practice  is  the  process  of  distinguishing  between  similar mental,
    22  emotional, behavioral, developmental, and addictive  disorders,  impair-
    23  ments  and  disabilities within a psychosocial framework on the basis of
    24  their similar and unique characteristics consistent with accepted  clas-
    25  sification systems.
    26    §  3.  Subdivision 1 of section 8404 of the education law, as added by
    27  chapter 676 of the laws of 2002, is amended to read as follows:
    28    1. Definition of the practice of creative arts therapy.  The  practice
    29  of the profession of creative arts therapy is defined as:
    30    (a)  the  assessment, evaluation, diagnosis and the therapeutic inter-
    31  vention and treatment, which may be either primary, parallel or  adjunc-
    32  tive,  of  mental,  emotional,  developmental  and  behavioral disorders
    33  through the use of the arts as approved by the department; [and]
    34    (b) the use of assessment instruments and mental health counseling and
    35  psychotherapy to identify, evaluate, diagnose and treat dysfunctions and
    36  disorders for purposes of providing appropriate  creative  arts  therapy
    37  services; and
    38    (c)  diagnosis  in the context of licensed creative arts therapy prac-
    39  tice is the process of distinguishing between similar mental, emotional,
    40  behavioral, developmental,  and  addictive  disorders,  impairments  and
    41  disabilities within a psychosocial framework on the basis of their simi-
    42  lar  and  unique characteristics consistent with accepted classification
    43  systems.
    44    § 4. Subdivision 1 of section 8405 of the education law, as  added  by
    45  chapter 676 of the laws of 2002, is amended to read as follows:
    46    1.  Definition of the practice of psychoanalysis.  The practice of the
    47  profession of psychoanalysis is defined as:
    48    (a) the observation, description,  evaluation,  [and]  interpretation,
    49  diagnosis  and  treatment  of  dynamic unconscious mental processes that
    50  contribute to the formation of personality  and  behavior  in  order  to
    51  identify and resolve unconscious psychic problems which affect interper-
    52  sonal  relationships and emotional development, to facilitate changes in
    53  personality and behavior through the use of verbal and nonverbal  cogni-
    54  tive  and  emotional communication, and to develop adaptive functioning;
    55  [and]

        A. 4188                             3
     1    (b) the use of assessment instruments and mental health counseling and
     2  psychotherapy to identify, evaluate, diagnose and treat dysfunctions and
     3  disorders for purposes of providing appropriate psychoanalytic services;
     4  and
     5    (c)  diagnosis  in  the context of licensed psychoanalysis practice is
     6  the process of distinguishing between similar mental, emotional,  behav-
     7  ioral, developmental, and addictive disorders, impairments and disabili-
     8  ties  within  a psychosocial framework on the basis of their similar and
     9  unique characteristics consistent with accepted classification systems.
    10    § 5. This act shall take effect immediately.
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