Bill Text: NY A04383 | 2019-2020 | General Assembly | Amended
Bill Title: Relates to requirements for licensure of mental health counselors and marriage and family therapists and providing mental health counselors and marriage and family therapists authority to give diagnosis.
Spectrum: Slight Partisan Bill (Democrat 9-4)
Status: (Introduced - Dead) 2020-02-14 - print number 4383a [A04383 Detail]
Download: New_York-2019-A04383-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4383--A 2019-2020 Regular Sessions IN ASSEMBLY February 4, 2019 ___________ Introduced by M. of A. DenDEKKER, FINCH, WOERNER, STIRPE, JAFFEE, DARLING, ABINANTI, JOHNS, ASHBY -- Multi-Sponsored by -- M. of A. MORINELLO, THIELE -- read once and referred to the Committee on Higher Education -- recommitted to the Committee on Higher Education in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the education law, in relation to requirements for licensure of certain mental health practitioners and providing certain mental health practitioners authority to give diagnosis The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 8401 of the education law is amended by adding a 2 new subdivision 3 to read as follows: 3 3. "Diagnosis" means the process of distinguishing, beyond a general 4 assessment, between similar mental, emotional, behavioral, developmental 5 and addictive disorders, impairments and disabilities within a psychoso- 6 cial framework on the basis of their similar and unique characteristics 7 consistent with accepted classification systems. 8 § 2. Subdivision 2 of section 8402 of the education law, as added by 9 chapter 676 of the laws of 2002, is amended to read as follows: 10 2. Practice of mental health counseling and use of the titles "mental 11 health counselor" and "licensed mental health counselor". (a) Only a 12 person licensed or exempt under this article shall practice mental 13 health counseling or use the title "mental health counselor". Only a 14 person licensed under this article shall use the title "licensed mental 15 health counselor" or any other designation tending to imply that the 16 person is licensed to practice mental health counseling. 17 (b) Mental health counselors who have obtained the diagnosis privilege 18 set forth in section eighty-four hundred two-a of this article may diag- 19 nose mental, emotional, behavioral, addictive and developmental disor- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04941-02-0A. 4383--A 2 1 ders and disabilities and of the psychosocial aspects of illness, inju- 2 ry, disability and impairment undertaken within a psychosocial 3 framework. 4 § 3. Paragraphs (b) and (c) of subdivision 3 of section 8402 of the 5 education law, paragraph (b) as added by chapter 676 of the laws of 2002 6 and paragraph (c) as amended by chapter 130 of the laws of 2010, are 7 amended to read as follows: 8 (b) Education: Have received an education, including a master's or 9 higher degree in counseling from a program registered by the department 10 or determined by the department to be the substantial equivalent there- 11 of, which includes the completion of at least twelve credit hours of 12 clinical courses, in accordance with the commissioner's regulations. A 13 person who has received a master's, or equivalent degree in counseling, 14 during which they did not complete all twelve credit hours of clinical 15 courses, may satisfy this requirement by completing any remaining equiv- 16 alent post-graduate clinical courses, in accordance with the commission- 17 er's regulations. The graduate coursework shall include, but not be 18 limited to, the following areas: 19 (i) human growth and development; 20 (ii) social and cultural foundations of counseling; 21 (iii) counseling theory and practice and psychopathology; 22 (iv) group dynamics; 23 (v) lifestyle and career development; 24 (vi) assessment and appraisal of individuals, couples and families and 25 groups; 26 (vii) research and program evaluation; 27 (viii) professional orientation and ethics; 28 (ix) foundations of mental health counseling and consultation; 29 (x) clinical instruction; and 30 (xi) completion of a minimum one year supervised internship or practi- 31 cum in mental health counseling; 32 (c) Experience: An applicant shall complete a minimum of three thou- 33 sand hours of post-master's supervised experience relevant to the prac- 34 tice of mental health counseling, two thousand hours of which shall 35 include diagnosis, psychotherapy, and assessment-based treatment plans, 36 satisfactory to the board and in accordance with the commissioner's 37 regulations. Satisfactory experience obtained in an entity operating 38 under a waiver issued by the department pursuant to section sixty-five 39 hundred three-a of this title may be accepted by the department, 40 notwithstanding that such experience may have been obtained prior to the 41 effective date of such section sixty-five hundred three-a and/or prior 42 to the entity having obtained a waiver. The department may, for good 43 cause shown, accept satisfactory experience that was obtained in a 44 setting that would have been eligible for a waiver but which has not 45 obtained a waiver from the department or experience that was obtained in 46 good faith by the applicant under the belief that appropriate authori- 47 zation had been obtained for the experience, provided that such experi- 48 ence meets all other requirements for acceptable experience; 49 § 4. The education law is amended by adding a new section 8402-a to 50 read as follows: 51 § 8402-a. Diagnosis privilege; mental health counseling. 1. Applicants 52 licensed on January first, two thousand twenty-five or thereafter are 53 authorized to diagnose, as provided in paragraph (b) of subdivision two 54 of section eighty-four hundred two of this article, and as defined in 55 subdivision three of section eighty-four hundred one of this article 56 without meeting any additional requirements.A. 4383--A 3 1 2. Applicants for license as a mental health counselor who have been 2 issued a limited permit after successfully completing the requirements 3 of paragraph (b) of subdivision three of section eighty-four hundred two 4 of this article, which includes twelve credit hours of clinical courses, 5 are authorized to diagnose as provided in paragraph (b) of subdivision 6 two of section eighty-four hundred two of this article, and as defined 7 in subdivision three of section eighty-four hundred one of this article, 8 while under supervision. 9 3. Those licensed prior to January first, two thousand twenty-four, 10 shall be granted the privilege to diagnose as provided in paragraph (b) 11 of subdivision two of section eighty-four hundred two of this article, 12 and as defined in subdivision three of section eighty-four hundred one 13 of this article, if the licensee fulfills the following requirements: 14 (a) Files an application with the department; 15 (b) Is licensed and registered as a mental health counselor; and: 16 (i) Provides verification of twelve credit hours of clinical course 17 work as defined by the department from a college or university accepta- 18 ble to the department; or 19 (ii) Provides verification of a minimum of two years of employment as 20 a licensed mental health counselor by a licensed supervisor or colleague 21 on forms acceptable to the department, in a program or service operated, 22 regulated, funded, or approved by the department of mental hygiene, the 23 office of children and family services, the office of temporary and 24 disability assistance, the department of corrections and community 25 supervision, the state office for the aging, the department of health, 26 or a local governmental unit as that term is defined in article forty- 27 one of the mental hygiene law or a social services district as defined 28 in section sixty-one of the social services law; or 29 (iii) Provides verification of being licensed as a licensed mental 30 health counselor for a minimum of two years; and 31 (1) Provides documentation of at least six credit hours of clinical 32 coursework as defined by the department from a college or university 33 acceptable to the department; or 34 (2) Provides documentation of at least twelve hours of continuing 35 education in clinical coursework subject to section eighty-four hundred 36 twelve-a of this article; and 37 (c) Pays a fee to the department of two hundred twenty dollars. 38 4. A privilege to diagnose issued under this section shall be valid 39 for the life of the holder, unless revoked, annulled, or suspended by 40 the board of regents. Such a privilege shall be subject to the same 41 oversight and disciplinary provisions as licenses issued under this 42 title. 43 § 5. Subdivision 2 of section 8403 of the education law, as added by 44 chapter 676 of the laws of 2002, is amended to read as follows: 45 2. Practice of marriage and family therapy and use of the titles 46 "marriage and family therapist" and "licensed marriage and family thera- 47 pist". (a) Only a person licensed or exempt under this article shall 48 practice marriage and family therapy or use the title "marriage and 49 family therapist". Only a person licensed under this article shall use 50 the titles "licensed marriage and family therapist", "licensed marriage 51 therapist", "licensed family therapist" or any other designation tending 52 to imply that the person is licensed to practice marriage and family 53 therapy. 54 (b) Marriage and family therapists who have obtained the diagnosis 55 privilege set forth in section eighty-four hundred three-a of this arti- 56 cle may diagnose mental, emotional, behavioral, addictive and develop-A. 4383--A 4 1 mental disorders and disabilities and of the psychosocial aspects of 2 illness, injury, disability and impairment undertaken within a psychoso- 3 cial framework. 4 § 6. Paragraphs (b) and (c) of subdivision 3 of section 8403 of the 5 education law, paragraph (b) as added by chapter 676 of the laws of 2002 6 and paragraph (c) as amended by chapter 130 of the laws of 2010, are 7 amended to read as follows: 8 (b) Education: Have received a master's or doctoral degree in marriage 9 and family therapy from a program registered by the department, or 10 determined by the department to be the substantial equivalent, which 11 includes the completion of at least twelve credit hours of clinical 12 coursework in accordance with the commissioner's regulations or a gradu- 13 ate degree in an allied field from a program registered by the depart- 14 ment and graduate level coursework determined to be equivalent to that 15 required in a program registered by the department. A person who has 16 received a master's, or equivalent degree in marriage and family thera- 17 py, during which they did not complete all twelve credit hours of clin- 18 ical courses, may satisfy this requirement by completing any remaining 19 equivalent post-graduate clinical courses, in accordance with the 20 commissioner's regulations. This coursework shall include, but not be 21 limited to: 22 (i) the study of human development, including individual, child and 23 family development; 24 (ii) psychopathology; 25 (iii) marital and family therapy; 26 (iv) family law; 27 (v) research; 28 (vi) professional ethics; and 29 (vii) a practicum of at least three hundred client contact hours; 30 (c) Experience: The completion of at least [one] two thousand [five31hundred] client contact hours of supervised clinical experience, by 32 persons holding a degree from a master's or doctoral program, or the 33 substantial equivalent, in accordance with the commissioner's regu- 34 lations or the completion of at least [one] two thousand [five hundred] 35 client contact hours of supervised post-master's clinical experience in 36 marriage and family therapy satisfactory to the department in accordance 37 with the commissioner's regulations. The two thousand client contact 38 hours shall include diagnosis, psychotherapy and assessment based treat- 39 ment plans. Satisfactory experience obtained in an entity operating 40 under a waiver issued by the department pursuant to section sixty-five 41 hundred three-a of this title may be accepted by the department, 42 notwithstanding that such experience may have been obtained prior to the 43 effective date of such section sixty-five hundred three-a and/or prior 44 to the entity having obtained a waiver. The department may, for good 45 cause shown, accept satisfactory experience that was obtained in a 46 setting that would have been eligible for a waiver but which has not 47 obtained a waiver from the department or experience that was obtained in 48 good faith by the applicant under the belief that appropriate authori- 49 zation had been obtained for the experience, provided that such experi- 50 ence meets all other requirements for acceptable experience; 51 § 7. The education law is amended by adding a new section 8403-a to 52 read as follows: 53 § 8403-a. Diagnosis privilege; marriage and family therapist. 1. 54 Applicants for license as a marriage and family therapist who were 55 licensed on January first, two thousand twenty-five or thereafter are 56 authorized to diagnose, as provided in paragraph (b) of subdivision twoA. 4383--A 5 1 of section eighty-four hundred three of this article, and as defined in 2 subdivision three of section eighty-four hundred one of this article 3 without meeting any additional requirements. 4 2. Applicants for license as a marriage and family therapist who have 5 been issued a limited permit after successfully completing the require- 6 ments of paragraph (b) of subdivision three of section eighty-four 7 hundred three of this article, which includes twelve credit hours of 8 clinical courses, are authorized to diagnose as provided in paragraph 9 (b) of subdivision two of section eighty-four hundred three of this 10 article, and as defined in subdivision three of section eighty-four 11 hundred one of this article, while under supervision. 12 3. Those licensed as a marriage and family therapist prior to January 13 first, two thousand twenty-five, shall be granted the privilege to diag- 14 nose as provided in paragraph (b) of subdivision two of section eighty- 15 four hundred three of this article, and as defined in subdivision three 16 of section eighty-four hundred one of this article, if the licensee 17 fulfills the following requirements: 18 (a) Files an application with the department; 19 (b) Is licensed and registered as a marriage and family therapist; 20 and: 21 (i) Provides verification of twelve credit hours of clinical 22 coursework as defined by the department from a college or university 23 acceptable to the department; or 24 (ii) Provides verification of a minimum of two years of employment as 25 a licensed marriage and family therapist by a licensed supervisor or 26 colleague on forms acceptable to the department, in a program or service 27 operated, regulated, funded, or approved by the department of mental 28 hygiene, the office of children and family services, the office of 29 temporary and disability assistance, the department of corrections 30 and community supervision, the state office for the aging, the 31 department of health, or a local governmental unit as that term is 32 defined in article forty-one of the mental hygiene law or a social 33 services district as defined in section sixty-one of the social services 34 law; or 35 (iii) Provides verification of being licensed as a licensed marriage 36 and family therapist for a minimum of two years and: 37 (1) Provides documentation of at least six credit hours of clinical 38 coursework as defined by the department from a college or university 39 acceptable to the department; or 40 (2) Provides documentation of at least twelve hours of continuing 41 education in clinical coursework subject to section eighty-four hundred 42 twelve-a of this article; and 43 (c) Pays a fee to the department of two hundred twenty dollars. 44 4. A privilege to diagnose issued under this section shall be valid 45 for the life of the holder, unless revoked, annulled, or suspended by 46 the board of regents. Such a privilege shall be subject to the same 47 oversight and disciplinary provisions as licenses issued under this 48 title. 49 § 8. Subdivision 2 of section 8405 of the education law, as added by 50 chapter 676 of the laws of 2002, is amended to read as follows: 51 2. Practice of psychoanalysis and use of the titles "psychoanalyst" 52 and "licensed psychoanalyst". (a) Only a person licensed or exempt under 53 this article shall practice psychoanalysis or use the title "psychoana- 54 lyst". Only a person licensed under this article shall use the title 55 "licensed psychoanalyst" or any other designation tending to imply that 56 the person is licensed to practice psychoanalysis.A. 4383--A 6 1 (b) Psychoanalysts who have obtained the diagnosis privilege as set 2 forth in section eighty-four hundred five-a of this article may diagnose 3 mental, emotional, behavioral, addictive and developmental disorders and 4 disabilities and of the psychosocial aspects of illness, injury, disa- 5 bility and impairment undertaken within a psychosocial framework. 6 § 9. Paragraphs (b) and (c) of subdivision 3 of section 8405 of the 7 education law, paragraph (b) as added by chapter 676 of the laws of 2002 8 and paragraph (c) as amended by chapter 130 of the laws of 2010, are 9 amended to read as follows: 10 (b) Education: Have received a master's degree or higher from a 11 degree-granting program registered by the department or the substantial 12 equivalent and have completed a program of study registered by the 13 department in a psychoanalytic institute chartered by the board of 14 regents or the substantial equivalent as determined by the department. 15 The program of study in a psychoanalytic institute shall include course- 16 work substantially equivalent to coursework required for a master's 17 degree in a health or mental health field of study and shall also 18 include the completion of at least twelve credit hours of clinical 19 courses. An individual who has completed a licensed psychoanalyst 20 program that did not include twelve credit hours of clinical courses may 21 satisfy this requirement by completing any remaining equivalent post- 22 graduate clinical courses, in accordance with the commissioner's regu- 23 lations. The coursework shall include, but not be limited to, the 24 following areas: 25 (i) personality development; 26 (ii) psychoanalytic theory of psychopathology; 27 (iii) psychoanalytic theory of psychodiagnosis; 28 (iv) sociocultural influence on growth and psychopathology; 29 (v) practice technique (including dreams and symbolic processes); 30 (vi) analysis of resistance, transference, and countertransference; 31 (vii) case seminars on clinical practice; 32 (viii) practice in psychopathology and psychodiagnosis; 33 (ix) professional ethics and psychoanalytic research methodology; and 34 (x) a minimum of three hundred hours of personal analysis and one 35 hundred fifty hours of supervised analysis; 36 (c) Experience: Have completed a minimum of [fifteen hundred] two 37 thousand hours of supervised clinical practice which shall include diag- 38 nosis, psychotherapy, and assessment-based treatment plans satisfactory 39 to the department and in accordance with the commissioner's regulations. 40 Satisfactory experience obtained in an entity operating under a waiver 41 issued by the department pursuant to section sixty-five hundred three-a 42 of this title may be accepted by the department, notwithstanding that 43 such experience may have been obtained prior to the effective date of 44 such section sixty-five hundred three-a and/or prior to the entity 45 having obtained a waiver. The department may, for good cause shown, 46 accept satisfactory experience that was obtained in a setting that would 47 have been eligible for a waiver but which has not obtained a waiver from 48 the department or experience that was obtained in good faith by the 49 applicant under the belief that appropriate authorization had been 50 obtained for the experience, provided that such experience meets all 51 other requirements for acceptable experience; 52 § 10. The education law is amended by adding a new section 8405-a to 53 read as follows: 54 § 8405-a. Diagnosis privilege. 1. Applicants licensed on January 55 first, two thousand twenty-four or thereafter are authorized to diagnose 56 as provided in paragraph (b) of subdivision two of section eighty-fourA. 4383--A 7 1 hundred five of this article and further defined in subdivision three of 2 section eighty-four hundred one of this article without meeting any 3 additional requirements. 4 2. Applicants for license as a psychoanalyst who have been issued a 5 limited permit after successfully completing the requirements of para- 6 graph (b) of subdivision two of section eighty-four hundred five of this 7 article, which includes twelve credit hours of clinical courses are 8 authorized to diagnose as provided in paragraph (b) of subdivision three 9 of section eighty-four hundred five of this article, and as defined in 10 subdivision three of section eighty-four hundred one of this article 11 while under supervision. 12 3. For those licensed prior to January first, two thousand twenty- 13 four, shall be granted the privilege to diagnose as provided in para- 14 graph (c) of subdivision one of section eighty-four hundred five of this 15 article, and further defined in subdivision three of section eighty-four 16 hundred one of this article if the licensee fulfills the following 17 requirements: 18 (a) Files an application with the department; 19 (b) Is licensed and registered as a psychoanalyst; and 20 (i) Provides verification of twelve credit hours of clinical course 21 work as defined by the department from a college, university, or insti- 22 tute acceptable to the department; or 23 (ii) Provides verification of a minimum of two years of employment as 24 a licensed psychoanalyst by a licensed supervisor or colleague on forms 25 acceptable to the department, in a program or service operated, regu- 26 lated, funded, or approved by the department of mental hygiene, the 27 office of children and family services, the office of temporary and 28 disability assistance, the department of corrections and community 29 supervision, the state office for the aging, the department of health, 30 or a local governmental unit as that term is defined in article forty- 31 one of the mental hygiene law or a social services district as defined 32 in section sixty-one of the social services law; or 33 (iii) Provides verification of being licensed as a licensed psychoana- 34 lyst for a minimum of three years; and 35 (1) Provides documentation of at least six credit hours of clinical 36 coursework as defined by the department from a college, university, or 37 institute acceptable to the department; or 38 (2) Provides documentation of at least twelve hours of continuing 39 education in clinical coursework subject to section eighty-four hundred 40 twelve-a of this article; and 41 (c) Pays a fee to the department of two hundred twenty dollars. 42 4. A privilege to diagnose issued under this section shall be valid 43 for the life of the holder, unless revoked, annulled, or suspended by 44 the board of regents. Such a privilege shall be subject to the same 45 oversight and disciplinary provisions as licenses issued under this 46 title. 47 § 11. Subdivision 2 of section 8409 of the education law, as amended 48 by chapter 485 of the laws of 2013, is amended to read as follows: 49 2. Limited permits shall be for [two] three years; such limited 50 permits may be renewed, at the discretion of the department, for up to 51 two additional one year periods. 52 § 12. Section 8410 of the education law is amended by adding a new 53 subdivision 11 to read as follows: 54 11. Notwithstanding any provision of law to the contrary, nothing in 55 this section shall be construed to prohibit or limit the activities or 56 services provided under this article on the part of any person who, uponA. 4383--A 8 1 the effective date of this subdivision, is in the employ of a program or 2 service, as defined in this article, for the period during which such 3 person maintains employment in such program or service. This section 4 shall not authorize the use of any title authorized pursuant to this 5 article by any such employed person, except as otherwise provided by 6 this article respectively. Provided however, that any person who 7 commences employment in such program or service on or after July first, 8 two thousand twenty and performs services that are restricted under this 9 article shall be appropriately licensed or authorized under this arti- 10 cle. 11 § 13. The education law is amended by adding a new section 8412-a to 12 read as follows: 13 § 8412-a. Continuing education for diagnosis privilege. 1. Continuing 14 education required in clause two of subparagraph (iii) of paragraph (b) 15 of subdivision three of section eighty-four hundred two-a of this arti- 16 cle shall: 17 (a) Be offered by a provider approved by the department pursuant to 18 paragraph (b) of subdivision three of section eighty-four hundred twelve 19 of this article; and 20 (b) In addition to meeting the standards set forth in paragraph (a) of 21 subdivision three of section eighty-four hundred twelve of this article, 22 be determined by the department as providing clinical content in the 23 following areas: 24 (i) Diagnosis in clinical practice; 25 (ii) Assessment based treatment; or 26 (iii) Clinical practice with general and special populations. 27 2. The department shall maintain a list of continuing education 28 approved by the department as meeting the requirements of this section. 29 3. A separate continuing education approval application fee, as deter- 30 mined by the department, shall be applied to providers seeking approval 31 of continuing education that meets the requirements of this section. 32 § 14. This act shall take effect one year after it shall have become a 33 law, provided that sections four, seven and ten of this act shall take 34 effect January 1, 2025. Effective immediately, the addition, amendment 35 and/or repeal of any rule or regulation necessary for the implementation 36 of this act on its effective date are authorized to be made and 37 completed on or before such effective date.
