Bill Text: NY S03476 | 2009-2010 | General Assembly | Introduced
Bill Title: Provides for the licensure of rehabilitation counselors who treat emotional, cognitive and other disorders, by the department of education; provides for the establishment of a state board therefor; exempts certain persons.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO HIGHER EDUCATION [S03476 Detail]
Download: New_York-2009-S03476-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3476 2009-2010 Regular Sessions I N S E N A T E March 19, 2009 ___________ Introduced by Sens. MORAHAN, LARKIN, PADAVAN, VOLKER -- read twice and ordered printed, and when printed to be committed 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, 24 CAREER, AND INDEPENDENT LIVING GOALS IN THE MOST INTEGRATED SETTING EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00005-01-9 S. 3476 2 1 POSSIBLE THROUGH THE APPLICATION OF THE COUNSELING PROCESS. THE COUN- 2 SELING PROCESS INVOLVES COMMUNICATION, GOAL SETTING, AND BENEFICIAL 3 GROWTH OR CHANGE THROUGH SELF-ADVOCACY, PSYCHOLOGICAL, VOCATIONAL, 4 SOCIAL, AND BEHAVIORAL INTERVENTIONS. THE SPECIFIC TECHNIQUES AND MODAL- 5 ITIES UTILIZED WITHIN THIS REHABILITATION COUNSELING PROCESS MAY 6 INCLUDE, BUT ARE NOT LIMITED TO: 7 1. ASSESSMENT AND APPRAISAL; 8 2. DIAGNOSIS AND TREATMENT PLANNING; 9 3. CAREER (VOCATIONAL) COUNSELING; 10 4. INDIVIDUAL AND GROUP COUNSELING TREATMENT INTERVENTIONS FOCUSED ON 11 FACILITATING ADJUSTMENTS TO THE MEDICAL AND PSYCHOSOCIAL IMPACT OF DISA- 12 BILITY; 13 5. CASE MANAGEMENT, REFERRAL, AND SERVICE COORDINATION; 14 6. PROGRAM EVALUATION AND RESEARCH; 15 7. INTERVENTIONS TO REMOVE ENVIRONMENTAL, EMPLOYMENT, AND ATTITUDINAL 16 BARRIERS; 17 8. CONSULTATION SERVICES AMONG MULTIPLE PARTIES AND REGULATORY 18 SYSTEMS; 19 9. JOB ANALYSIS, JOB DEVELOPMENT, AND PLACEMENT SERVICES, INCLUDING 20 ASSISTANCE WITH EMPLOYMENT AND JOB ACCOMMODATIONS; 21 10. THE PROVISION OF CONSULTATION ABOUT AND ACCESS TO REHABILITATION 22 TECHNOLOGY. 23 S 7552. PRACTICE OF REHABILITATION COUNSELING AND USE OF THE TITLES 24 "REHABILITATION COUNSELOR" AND "LICENSED REHABILITATION COUNSELOR". ONLY 25 A PERSON LICENSED OR EXEMPT UNDER THIS ARTICLE SHALL PRACTICE REHABILI- 26 TATION COUNSELING OR USE THE TITLE "REHABILITATION COUNSELOR". ONLY A 27 PERSON LICENSED UNDER THIS ARTICLE SHALL USE THE TITLE "LICENSED REHA- 28 BILITATION COUNSELOR" OR ANY OTHER DESIGNATION TENDING TO IMPLY THAT THE 29 PERSON IS LICENSED TO PRACTICE REHABILITATION COUNSELING. 30 S 7553. STATE BOARD FOR REHABILITATION COUNSELING. 1. A STATE BOARD 31 FOR REHABILITATION COUNSELING SHALL BE APPOINTED BY THE BOARD OF REGENTS 32 ON RECOMMENDATION OF THE COMMISSIONER FOR THE PURPOSE OF ASSISTING THE 33 BOARD OF REGENTS AND THE DEPARTMENT ON MATTERS OF LICENSING AND REGU- 34 LATION. THE BOARD SHALL BE COMPOSED OF AT LEAST THREE REHABILITATION 35 COUNSELORS LICENSED PURSUANT TO THIS ARTICLE AND AT LEAST ONE PUBLIC 36 REPRESENTATIVE WHO DOES NOT HOLD INTERESTS IN THE ORGANIZATION, FINANC- 37 ING, OR DELIVERY OF REHABILITATION COUNSELING SERVICES. MEMBERS OF THE 38 FIRST BOARD NEED NOT BE LICENSED PRIOR TO THEIR APPOINTMENT TO THE 39 BOARD. AN EXECUTIVE SECRETARY TO THE BOARD SHALL BE APPOINTED BY THE 40 BOARD OF REGENTS ON RECOMMENDATION OF THE COMMISSIONER. 41 2. THE TERMS OF OFFICE OF THE MEMBERS OF THE BOARD SHALL BE FIVE 42 YEARS; PROVIDED, HOWEVER, THAT OF THE MEMBERS FIRST APPOINTED, ONE SHALL 43 BE APPOINTED FOR THREE YEARS, ONE SHALL BE APPOINTED FOR FOUR YEARS, AND 44 TWO SHALL BE APPOINTED FOR FIVE YEARS. ANY VACANCY ON THE BOARD SHALL BE 45 FILLED BY APPOINTMENT FOR THE REMAINDER OF SUCH MEMBER'S TERM IN ACCORD- 46 ANCE WITH THE PROVISIONS OF THIS SECTION. 47 S 7554. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A 48 LICENSE AS A "LICENSED REHABILITATION COUNSELOR", AN APPLICANT SHALL 49 FULFILL THE FOLLOWING REQUIREMENTS: 50 1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT; 51 2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A MASTER'S OR 52 HIGHER DEGREE IN REHABILITATION COUNSELING FROM AN ACCREDITED PROGRAM 53 REGISTERED BY THE DEPARTMENT OR DETERMINED BY THE DEPARTMENT TO BE THE 54 SUBSTANTIAL EQUIVALENT THEREOF, IN ACCORDANCE WITH THE COMMISSIONER'S 55 REGULATIONS. THE GRADUATE COURSEWORK SHALL INCLUDE, BUT NOT BE LIMITED 56 TO, THE FOLLOWING AREAS: S. 3476 3 1 (A) THEORIES AND TECHNIQUES OF COUNSELING, 2 (B) ASSESSMENT, 3 (C) OCCUPATIONAL INFORMATION, 4 (D) JOB PLACEMENT, 5 (E) MEDICAL ASPECTS OF DISABILITY, 6 (F) PSYCHOSOCIAL ASPECTS OF DISABILITY, 7 (G) COMMUNITY RESOURCES, 8 (H) DELIVERY OF REHABILITATION SERVICES, 9 (I) COMPLETION OF A MINIMUM ONE HUNDRED HOURS OF SUPERVISED PRACTICUM 10 AND ONE YEAR (SIX HUNDRED HOURS) SUPERVISED INTERNSHIP IN REHABILITATION 11 COUNSELING; 12 3. EXPERIENCE: THE COMPLETION OF AT LEAST SEVEN HUNDRED CLIENT CONTACT 13 HOURS OF SUPERVISED CLINICAL EXPERIENCE, BY PERSONS HOLDING A DEGREE 14 FROM A MASTER'S OR DOCTORAL PROGRAM, OR THE SUBSTANTIAL EQUIVALENT, IN 15 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS, OR THE COMPLETION OF AT 16 LEAST SEVEN HUNDRED CLIENT HOURS OF SUPERVISED POST-MASTER'S CLINICAL 17 EXPERIENCE IN REHABILITATION COUNSELING SATISFACTORY TO THE DEPARTMENT, 18 IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; 19 4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN 20 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; 21 5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE; 22 6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART- 23 MENT; AND 24 7. FEES: PAY A FEE OF TWO HUNDRED FIFTY DOLLARS TO THE DEPARTMENT FOR 25 ADMISSION TO A DEPARTMENT-CONDUCTED EXAMINATION AND FOR AN INITIAL 26 LICENSE; A FEE OF EIGHTY-FIVE DOLLARS FOR EACH REEXAMINATION; A FEE OF 27 ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT 28 REQUIRING ADMISSION TO A DEPARTMENT-CONDUCTED EXAMINATION, AND A FEE OF 29 ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD. 30 S 7555. LIMITED PERMITS. THE FOLLOWING REQUIREMENTS FOR A LIMITED 31 PERMIT SHALL APPLY TO THE PROFESSION LICENSED PURSUANT TO THIS ARTICLE: 32 1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHOSE 33 QUALIFICATIONS HAVE BEEN APPROVED FOR ADMISSION TO THE EXAMINATION IN 34 ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR. 35 2. LIMITED PERMITS SHALL BE FOR ONE YEAR AND MAY BE RENEWED, AT THE 36 DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR. 37 3. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL THEREOF SHALL 38 BE SEVENTY DOLLARS. 39 S 7556. EXEMPT PERSONS. 1. THIS ARTICLE SHALL NOT BE CONSTRUED TO 40 AFFECT OR PREVENT QUALIFIED PHYSICIANS, NURSES, PHYSICAL OR OCCUPATIONAL 41 THERAPISTS, PSYCHOLOGISTS, COUNSELORS, CREATIVE ARTS THERAPISTS, PSYCHO- 42 ANALYSTS, SOCIAL WORKERS OR MEMBERS OF THE CLERGY FROM PERFORMING THE 43 WORK OF A REHABILITATION COUNSELOR WHERE INCIDENT TO THE PRACTICE OF 44 THEIR PROFESSIONS, PROVIDED THEY DO NOT HOLD THEMSELVES OUT TO THE 45 PUBLIC BY ANY TITLE AS BEING ENGAGED IN THE PRACTICE OF REHABILITATION 46 COUNSELING. 47 2. THIS ARTICLE SHALL NOT BE CONSTRUED TO AFFECT OR PREVENT A REHABIL- 48 ITATION COUNSELING STUDENT FROM ENGAGING IN CLINICAL PRACTICE UNDER THE 49 SUPERVISION OF A LICENSED OR CERTIFIED REHABILITATION COUNSELOR AS PART 50 OF A PROGRAM CONDUCTED IN AN APPROVED AGENCY AFFILIATED WITH AN ACCRED- 51 ITED SCHOOL OF REHABILITATION COUNSELING WHICH IS APPROVED BY THE 52 DEPARTMENT. 53 S 7557. SPECIAL PROVISIONS. 1. ANY NONEXEMPT PERSON PRACTICING THE 54 PROFESSION TO BE LICENSED PURSUANT TO THIS ARTICLE SHALL APPLY FOR A 55 LICENSE FOR PRACTICE OF SUCH PROFESSION WITHIN ONE YEAR OF THE EFFECTIVE 56 DATE OF SUCH PROFESSION. S. 3476 4 1 (A) IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB- 2 LISHED WITHIN THIS ARTICLE, SUCH PERSON MAY MEET ALTERNATIVE CRITERIA 3 DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT OF SUCH 4 CRITERIA. 5 (B) IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB- 6 LISHED WITHIN THIS ARTICLE, BUT HAS BEEN CERTIFIED OR REGISTERED BY A 7 NATIONAL CERTIFYING OR REGISTERING BODY HAVING CERTIFICATION OR REGIS- 8 TRATION STANDARDS ACCEPTABLE TO THE COMMISSIONER, THE DEPARTMENT SHALL 9 LICENSE WITHOUT EXAMINATION. 10 (C) IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB- 11 LISHED WITHIN THIS ARTICLE, THE DEPARTMENT SHALL LICENSE WITHOUT EXAM- 12 INATION IF THE APPLICANT SUBMITS EVIDENCE SATISFACTORY TO THE DEPARTMENT 13 OF HAVING BEEN ENGAGED IN THE PRACTICE OF SUCH PROFESSION FOR AT LEAST 14 FIVE OF THE IMMEDIATELY PRECEDING EIGHT YEARS. 15 2. THE COMMISSIONER SHALL ESTABLISH BY RULES AND REGULATIONS ALL FEES 16 AUTHORIZED PURSUANT TO THIS ARTICLE. SUCH FEES SHALL BE SET IN AMOUNTS 17 SUFFICIENT TO MEET THE EXPENSES OF ADMINISTERING THE PROVISIONS OF THIS 18 ARTICLE. 19 3. THE DEPARTMENT SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY 20 TO ESTABLISH PROFESSIONAL STANDARDS OF REHABILITATION COUNSELORS AND ANY 21 OTHER RULES AND REGULATIONS NECESSARY TO ADMINISTER THE PROVISIONS OF 22 THIS ARTICLE. 23 S 7558. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF, 24 SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID, 25 SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OF 26 ANY OTHER SECTION OR PART THEREOF. 27 S 2. This act shall take effect on the five hundred forty-fifth day 28 after it shall have become a law; provided, however, that any rules and 29 regulations necessary to implement the provisions of this act on its 30 effective date are authorized and directed to be promulgated, amended 31 and repealed on or before such date.