A01132 Summary:

BILL NOA01132C
 
SAME ASSAME AS S00692-C
 
SPONSORRosenthal L
 
COSPNSRMiller MG, Otis, Skoufis, Stirpe, Cusick, Abinanti, Benedetto, Fahy, Zebrowski
 
MLTSPNSRBraunstein, Buchwald, Galef, Lalor, Lupardo, Mayer, McDonough, Montesano, Paulin, Skartados, Woerner
 
Add Art 166-A 8720 - 8727, amd 6507, 6503-a & 7602, Ed L; amd 413, Soc Serv L
 
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.
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A01132 Actions:

BILL NOA01132C
 
01/10/2017referred to higher education
02/10/2017amend and recommit to higher education
02/10/2017print number 1132a
06/13/2017amend (t) and recommit to higher education
06/13/2017print number 1132b
01/03/2018referred to higher education
01/31/2018amend and recommit to higher education
01/31/2018print number 1132c
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A01132 Committee Votes:

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A01132 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1132C
 
SPONSOR: Rosenthal L (MS)
  TITLE OF BILL: An act to amend the education law and the social services law, in relation to the practice of school psychology, and establishing a pilot program of multi-tiered system of support model of substance use prevention and intervention   PURPOSE: This bill provides for licensure of school psychologists and defines the educational and experiential qualifications necessary for licensure and continued practice.   SUMMARY OF SPECIFIC PROVISIONS: Section one is legislative intent. Section two amends the education law by adding a new Article 166-A. Section three amends paragraph (a) of subdivision 3 of section 6507 of the education law, to include licensed school psychologist in require- ment of licensed professionals having mandatory training in the iden- tification and reporting of child abuse and maltreatment. Section four amends section 7602 of the education law to include school psychologists within the State board of psychology. Section five amends paragraph (a) of subdivision I of section 413 of the social services law, to include school psychologists as a mandatory reporters. Section six creates a multi-agency, multi-tiered pilot program aimed at dealing with the heroin and opioid addiction problem in children. Section seven amends subdivision 1 of Section 6503-a of the education law. Section eight is a severability clause. Section nine sets forth the effective date.   JUSTIFICATION: With an increasing heroin epidemic threatening our children we must work to ensure that enough support is available for these students and their parents to seek the help they need, by allowing school psychologists to assist children outside of a traditional setting. Increasing the number of trained individuals who are able to assist students outside of an educational setting will be a positive to the children, parents, school, and society. School psychologists are trained and educated in the psychology of learning, motivation and human development in order to address the many factors influencing the performance of students. These factors may include school diversity, school climate and home/school/community collaboration. By addressing the needs of students through prevention services, assessments and/or counseling, school psychologists can contribute to the future success of students, it is important that school psychologists are held to specific standards and requirements that will ensure competent services for school children and their families. This bill is necessary to provide schools with a frame- work in which they can be assured they are employing licensed school psychologists.   LEGISLATIVE HISTORY: 2015-16: A.420 - Referred to Higher Education; S.6587 - Referred to Higher Education 2013-14: A.3570-B - Referred to Higher Education; S.2923-B - Referred to Higher Education   FISCAL IMPLICATIONS: Positive to the state as it will generate license fees.   EFFECTIVE DATE: This act shall take effect 12 months after it shall have become law.
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A01132 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1132--C
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 10, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  L. ROSENTHAL,  M. G. MILLER,  OTIS, SKOUFIS,
          STIRPE, CUSICK, ABINANTI, BENEDETTO, FAHY,  ZEBROWSKI  --  Multi-Spon-
          sored  by  --  M. of A.   BRAUNSTEIN, BUCHWALD, GALEF, LALOR, LUPARDO,
          MAYER, McDONOUGH, MONTESANO, PAULIN, SKARTADOS, WOERNER --  read  once
          and  referred  to  the  Committee  on  Higher  Education  -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- again reported from said  committee  with  amend-
          ments,  ordered reprinted as amended and recommitted to said committee
          -- 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 committee
 
        AN ACT to amend the education  law  and  the  social  services  law,  in
          relation  to  the  practice  of  school psychology, and establishing a
          pilot program of multi-tiered system of support model of substance use
          prevention and intervention
 
          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 that
     2  while significant steps have been taken through legislation to implement
     3  the  recommendations  of  executive  and  legislative task forces in the
     4  joint effort to combat the heroin and opioid crises in New  York  state,
     5  much  more  must  be  done  to  identify risk factors, develop community
     6  response and support strategies and to increase access to treatment.
     7    The legislature intends to build on the initial aggressive efforts  of
     8  the executive and legislative by recognizing the significant role mental
     9  and  behavioral  health  professionals  play  in identifying the warning
    10  signs of heroin and opioid addiction in our children and the maladaptive
    11  behaviors  that  lead  to  early  drug  use  and  ultimately  abuse  and
    12  addiction.  The  legislature  recognizes  that certified school psychol-
    13  ogists are uniquely  qualified  to  identify  the  risk  and  protective
    14  factors, coupled with adverse childhood experiences which constitute the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04588-13-8

        A. 1132--C                          2
 
     1  drug  abuse  process.  However,  these  highly  trained  specialists are
     2  constrained to provide vital services to the school  setting  only.  The
     3  legislature  finds  that  the  state's mission to address the heroin and
     4  opioid  crises  in  the  state will be advanced through the licensure of
     5  school psychologists and the meaningful  involvement  of  these  trained
     6  practitioners in the development of a school and community based strate-
     7  gy of response and support.
     8    §  2.  The  education  law is amended by adding a new article 166-A to
     9  read as follows:
    10                                ARTICLE 166-A
    11                              SCHOOL PSYCHOLOGY
    12  Section 8720. Introduction.
    13          8721. Practice of school psychology and use of the title "school
    14                  psychologist".
    15          8722. Definition of the practice of school psychology.
    16          8723. Requirements for a professional license.
    17          8724. Boundaries of professional competency.
    18          8725. Limited permits.
    19          8726. Exemptions.
    20          8727. Special provisions.
    21    § 8720. Introduction. This article applies to the profession and prac-
    22  tice of school  psychology and to the use of the title "licensed  school
    23  psychologist".   The general provisions for all professions contained in
    24  article one hundred thirty of this title apply to this article.
    25    § 8721. Practice of school psychology and use  of  the  title  "school
    26  psychologist".    Only  a  person  licensed or exempt under this article
    27  shall practice school psychology  or  use  the  title  "licensed  school
    28  psychologist".
    29    §  8722. Definition of the practice of school psychology. The practice
    30  of school psychology is:
    31    1. the assessment,  including  psycho-educational,  developmental  and
    32  vocational    assessment, evaluation and interpretation of intelligence,
    33  cognitive  processes,  aptitudes,    interests,  academic   achievement,
    34  adjustment,  personality  factors  and  motivations, or any other attri-
    35  butes, to individuals or groups of individuals aged birth to  twenty-one
    36  years that relate to learning, education or adjustment needs;
    37    2.   the   development  and  implementation  of  educationally-related
    38  psychotherapeutic and behavioral approaches to increase  school  adjust-
    39  ment  and  academic  success,  counseling  and  interpretive services to
    40  reduce education-related problems including, but not limited to,  verbal
    41  interaction,  interviewing, behavior techniques, developmental and voca-
    42  tional intervention, environmental management and group processes;
    43    3. consultation with representatives of schools, agencies  and  organ-
    44  izations,  families or individuals, including psycho-educational, devel-
    45  opmental and vocational   assistance  or  direct  educational  services,
    46  related  to  learning  problems and adjustments to those problems to the
    47  benefit of an individual or group of individuals age birth to twenty-one
    48  years; and
    49    4. the development of programming, including  designing,  implementing
    50  or  evaluating educationally and psychologically sound learning environ-
    51  ments and the facilitation of psycho-educational development of individ-
    52  uals, families or groups.
    53    § 8723.  Requirements for a professional license.  To  qualify  for  a
    54  license  as  a  licensed school psychologist, an applicant shall fulfill
    55  the following requirements:
    56    1. Application: File an application with the department;

        A. 1132--C                          3
 
     1    2. Education: Complete a minimum of sixty graduate credits and fulfill
     2  the requirements of an advanced specialist degree or its  equivalent  or
     3  doctoral  degree  in  school psychology from a program registered by the
     4  department, or determined by the department to be the substantial equiv-
     5  alent  in  accordance with the commissioner's regulations.  The graduate
     6  coursework shall include, but not be limited to, the following areas:
     7    (i) biological, social and cultural bases of development;
     8    (ii) psychopathology and exceptionality in learning and behavior;
     9    (iii)  assessment  and  appraisal  of  learners  in  home  and  school
    10  contexts;
    11    (iv)  consultation  and  collaboration in family, school and community
    12  systems;
    13    (v) effective instruction and development of  cognitive  and  academic
    14  skills;
    15    (vi)  prevention  and  treatment of behavioral and emotional disorders
    16  and deficits;
    17    (vii) school organization, curriculum, policy and law;
    18    (viii) research and program evaluation;
    19    (ix) profession and ethical practice of psychology in schools; and
    20    (x) completion of a  twelve  hundred  hour  supervised  internship  in
    21  school  psychology, with no less than six hundred hours completed within
    22  a school setting.
    23    3. Experience: Complete a minimum of two thousand four  hundred  hours
    24  of  post-master's  supervised  experience  relevant  to  the practice of
    25  school psychology satisfactory to the board and in accordance  with  the
    26  commissioner's regulations, such supervised experience which may include
    27  one  thousand two hundred hours completed as part of a program in school
    28  psychology. Satisfactory experience  obtained  in  an  entity  operating
    29  under  a  waiver issued by the department pursuant to section sixty-five
    30  hundred three-a of  this  title  may  be  accepted  by  the  department,
    31  notwithstanding that such experience may have been obtained prior to the
    32  effective  date  of such section sixty-five hundred three-a and/or prior
    33  to the entity having obtained a waiver. The  department  may,  for  good
    34  cause  shown,  accept  satisfactory  experience  that  was obtained in a
    35  setting that would have been eligible for a waiver  but  which  has  not
    36  obtained a waiver from the department or experience that was obtained in
    37  good  faith  by the applicant under the belief that appropriate authori-
    38  zation had been obtained for the experience, provided that such  experi-
    39  ence meets all other requirements for acceptable experience;
    40    4.  Examination:  Pass an examination satisfactory to the board and in
    41  accordance with the commissioner's regulations;
    42    5. Age: Be at least twenty-one years of age;
    43    6. Character: Be of good moral character as determined by the  depart-
    44  ment; and
    45    7.  Fees: Pay a fee of one hundred seventy-five dollars to the depart-
    46  ment for admission to a department  conducted  examination  and  for  an
    47  initial license and a fee of one hundred seventy dollars for each trien-
    48  nial registration period.
    49    §  8724. Boundaries of professional competency. 1.  It shall be deemed
    50  practicing outside the boundaries of his or her professional  competence
    51  for a person licensed pursuant to this article, in the case of treatment
    52  of  any  serious  mental illness, to provide  any mental health services
    53  for such illness on a continuous and sustained basis without a   medical
    54  evaluation of the illness by, and consultation with, a physician regard-
    55  ing such  illness.  Such medical evaluation and consultation shall be to
    56  determine  and  advise  whether  any  medical care is indicated for such

        A. 1132--C                          4
 
     1  illness. For purposes of this section,  "serious mental  illness"  means
     2  schizophrenia,   schizoaffective  disorder,  bipolar  disorder,    major
     3  depressive disorder, panic disorder and  obsessive-compulsive  disorder.
     4  Nothing  in  this section shall be construed to prevent, limit or impair
     5  consultation with any other health or mental health professional.  Noth-
     6  ing herein contained shall limit, modify, restrict or  otherwise  affect
     7  the  definition  of  the  practice  of  school psychology as provided in
     8  section eighty-seven hundred twenty-two of this article.
     9    2. Any individual whose license or authority to practice derives  from
    10  the provisions of this article shall be prohibited from:
    11    (a) prescribing or administering drugs as defined in this chapter as a
    12  treatment,  therapy,  or  professional service in the practice of his or
    13  her profession; or
    14    (b) using invasive procedures as a treatment, therapy, or professional
    15  service in the practice of his or her profession. For purposes  of  this
    16  subdivision,  "invasive  procedure"  means  any procedure in which human
    17  tissue is cut, altered, or otherwise infiltrated by mechanical or  other
    18  means.  Invasive procedure includes surgery, lasers, ionizing radiation,
    19  therapeutic ultrasound, or electroconvulsive therapy; or
    20    (c)  engaging  in  dual  setting  practice,  or  otherwise offering or
    21  providing private practice services to a student of a school or  special
    22  education  program where the practitioner is currently employed or under
    23  contract with such school or program.
    24    3. Nothing in this article shall be  deemed  to  authorize,  grant  or
    25  extend hospital privileges to individuals licensed under this article.
    26    § 8725. Limited permits.  1. The department may issue a limited permit
    27  to an applicant whose qualifications have been approved for admission to
    28  the examination in accordance with regulations promulgated therefor.
    29    2.  Limited  permits  shall  be  for  one  year and be renewed, at the
    30  discretion of the department, for one additional year.
    31    3. The fee for each limited permit  and  for  each  renewal  shall  be
    32  seventy dollars.
    33    §  8726.  Exemptions.  Nothing  contained  in  this  article  shall be
    34  construed to:
    35    1. apply to the practice, conduct, activities, services or use of  any
    36  title  by  any person licensed or otherwise authorized to practice medi-
    37  cine within the state pursuant to article one hundred thirty-one of this
    38  title or by any person registered to perform  services  as  a  physician
    39  assistant  within the state pursuant to article one hundred thirty-one-B
    40  of this title or by any person licensed or otherwise authorized to prac-
    41  tice psychology within  this  state  pursuant  to  article  one  hundred
    42  fifty-three of this title or by any person licensed or otherwise author-
    43  ized  to practice as a licensed clinical social worker within this state
    44  pursuant to article one hundred fifty-four of  this  title,  or  by  any
    45  person  licensed or otherwise authorized to practice nursing as a regis-
    46  tered professional nurse within this state  pursuant    to  article  one
    47  hundred  thirty-nine  of this title, or by any person licensed or other-
    48  wise authorized to practice mental health counseling, marriage and fami-
    49  ly therapy, creative  arts therapy, or psychoanalysis within the  state,
    50  or  by  any  person licensed or otherwise authorized to practice applied
    51  behavior analysis within the state pursuant to this  article;  provided,
    52  however,  that  no  physician, physician's assistant, registered profes-
    53  sional nurse, psychologist, licensed clinical  social  worker,  licensed
    54  mental   health  counselor,  licensed  marriage  and  family  therapist,
    55  licensed creative arts  therapist,  licensed  psychoanalyst  or  applied
    56  behavior analyst may use the title unless licensed under this article;

        A. 1132--C                          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 for two of the past five years prior to  the  effec-
    43  tive date of this article; or
    44    (b)  performed  the  duties of a school psychologist for at least five
    45  years prior to the effective date of this article.
    46    3. Any person licensed pursuant to this article may use accepted codes
    47  and classifications of signs, symptoms, dysfunctions and  disorders,  as
    48  approved  in accordance with regulations  promulgated by the department,
    49  in the practice of such licensed profession.
    50    4. Nothing in this article shall be deemed to alter, modify or  affect
    51  the  provisions  of section three thousand twelve or twenty-five hundred
    52  ten of this chapter or otherwise affect the certification  of  a  school
    53  psychologist.
    54    §  3.  Paragraph  a  of subdivision 3 of section 6507 of the education
    55  law, as amended by chapter 554 of the laws of 2013, is amended  to  read
    56  as follows:

        A. 1132--C                          6
 
     1    a. Establish standards for preprofessional and professional education,
     2  experience and licensing examinations as required to implement the arti-
     3  cle for each profession. Notwithstanding any other provision of law, the
     4  commissioner shall establish standards requiring that all persons apply-
     5  ing,  on or after January first, nineteen hundred ninety-one, initially,
     6  or for the renewal of, a license, registration or limited permit to be a
     7  physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
     8  trist,   psychiatrist,   psychologist,   licensed  school  psychologist,
     9  licensed master social worker, licensed clinical social worker, licensed
    10  creative  arts  therapist,  licensed  marriage  and  family   therapist,
    11  licensed mental health counselor, licensed psychoanalyst, dental hygien-
    12  ist,  licensed behavior analyst, or certified behavior analyst assistant
    13  shall, in addition to all the other licensure, certification  or  permit
    14  requirements, have completed two hours of coursework or training regard-
    15  ing  the  identification  and reporting of child abuse and maltreatment.
    16  The coursework or training shall be  obtained  from  an  institution  or
    17  provider  which  has  been  approved  by  the department to provide such
    18  coursework or training. The coursework or training shall include  infor-
    19  mation  regarding  the physical and behavioral indicators of child abuse
    20  and maltreatment and the statutory reporting  requirements  set  out  in
    21  sections four hundred thirteen through four hundred twenty of the social
    22  services  law,  including but not limited to, when and how a report must
    23  be made, what other actions the reporter is mandated  or  authorized  to
    24  take, the legal protections afforded reporters, and the consequences for
    25  failing to report. Such coursework or training may also include informa-
    26  tion  regarding  the  physical and behavioral indicators of the abuse of
    27  individuals with mental retardation and other developmental disabilities
    28  and voluntary reporting of abused or neglected adults to the  office  of
    29  mental  retardation  and  developmental  disabilities or the local adult
    30  protective services unit. Each applicant shall  provide  the  department
    31  with  documentation  showing  that  he or she has completed the required
    32  training. The department shall provide an exemption from the child abuse
    33  and maltreatment training requirements to  any  applicant  who  requests
    34  such  an exemption and who shows, to the department's satisfaction, that
    35  there would be no need because of the nature of his or her practice  for
    36  him or her to complete such training;
    37    § 4. Section 7602 of the education law, as added by chapter 987 of the
    38  laws of 1971, is amended to read as follows:
    39    § 7602. State  board  for  psychology.    A state board for psychology
    40  shall be appointed by the board of  regents  on  recommendation  of  the
    41  commissioner  for  the purpose of assisting the board of regents and the
    42  department on matters of professional licensing and professional conduct
    43  in accordance with section sixty-five hundred eight of this title.   The
    44  board  shall be composed of not less than eleven [psychologists licensed
    45  in this state] members, a  number  of  whom  shall  be  licensed  school
    46  psychologists  sufficient  to  assure  meaningful participation in board
    47  activities.  An executive secretary to the board shall be  appointed  by
    48  the  board  of  regents  upon the recommendation of the commissioner and
    49  shall be a psychologist, licensed in this state.
    50    § 5. Paragraph (a) of subdivision 1  of  section  413  of  the  social
    51  services  law,  as  amended  by section 2 of part Q of chapter 56 of the
    52  laws of 2017, is amended to read as follows:
    53    (a) The following persons and officials  are  required  to  report  or
    54  cause  a  report to be made in accordance with this title when they have
    55  reasonable cause to suspect that a child coming  before  them  in  their
    56  professional  or  official capacity is an abused or maltreated child, or

        A. 1132--C                          7
 
     1  when they have reasonable cause to suspect that a child is an abused  or
     2  maltreated  child  where the parent, guardian, custodian or other person
     3  legally responsible for such child comes before them  in  their  profes-
     4  sional  or  official  capacity and states from personal knowledge facts,
     5  conditions or circumstances which, if correct, would render the child an
     6  abused or maltreated child: any physician; registered physician  assist-
     7  ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
     8  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
     9  psychologist;  licensed  school  psychologist;  registered nurse; social
    10  worker; emergency medical technician; licensed creative arts  therapist;
    11  licensed  marriage  and family therapist; licensed mental health counse-
    12  lor; licensed psychoanalyst; licensed behavior analyst; certified behav-
    13  ior analyst assistant; hospital  personnel  engaged  in  the  admission,
    14  examination,  care  or treatment of persons; a Christian Science practi-
    15  tioner; school official, which includes but is  not  limited  to  school
    16  teacher,  school  guidance counselor, school psychologist, school social
    17  worker, school nurse, school administrator  or  other  school  personnel
    18  required  to  hold  a teaching or administrative license or certificate;
    19  full or part-time compensated school employee required to hold a  tempo-
    20  rary  coaching  license  or  professional  coaching  certificate; social
    21  services worker; employee of a  publicly-funded  emergency  shelter  for
    22  families  with children; director of a children's overnight camp, summer
    23  day camp or traveling summer day camp, as  such  camps  are  defined  in
    24  section  thirteen  hundred ninety-two of the public health law; day care
    25  center worker; school-age child care worker; provider of family or group
    26  family day care; employee or volunteer in a  residential  care  facility
    27  for  children  that  is licensed, certified or operated by the office of
    28  children and family services; or any other child  care  or  foster  care
    29  worker;  mental health professional; substance abuse counselor; alcohol-
    30  ism counselor; all persons credentialed by the office of alcoholism  and
    31  substance abuse services; peace officer; police officer; district attor-
    32  ney  or assistant district attorney; investigator employed in the office
    33  of a district attorney; or other law enforcement official.
    34    § 6. The education department,  the  office  of  children  and  family
    35  services,  the  office of mental health and the office of alcoholism and
    36  substance abuse services are hereby directed to establish a multi-tiered
    37  system of support (MTSS) model of substance use  prevention  and  inter-
    38  vention  utilizing  tiered  levels  of  primary  prevention services and
    39  secondary and tertiary intervention services and to pilot such model  in
    40  communities  with occurrences of heroin and opioid addiction in children
    41  under the age of twenty-one in New  York  state.  Such  model  shall  be
    42  designed  with  the  meaningful  participation  of mental and behavioral
    43  health practitioners whose training focuses on  the  needs  of  children
    44  under  the  age  of  twenty-one  including,  but  not limited to, school
    45  psychologists, such practitioners being uniquely qualified to  implement
    46  the  model  to the fullest extent possible. Such pilot shall be designed
    47  for implementation by September 1, 2018.
    48    § 7. Subparagraph (i) of paragraph  a  of  subdivision  1  of  section
    49  6503-a  of  the  education law, as amended by chapter 554 of the laws of
    50  2013, is amended to read as follows:
    51    (i) services  provided  under  article  one  hundred  fifty-four,  one
    52  hundred  sixty-three [or], one hundred sixty-seven or one hundred sixty-
    53  six-A of this title for which licensure would be required, or
    54    § 8. Severability. If any clause, sentence, paragraph, section or part
    55  of this act shall be adjudged by any court of competent jurisdiction  to
    56  be  invalid,  the  judgment  shall not affect, impair, or invalidate the

        A. 1132--C                          8
 
     1  remainder thereof, but shall be confined in its operation to the clause,
     2  sentence, paragraph, section or part thereof directly  involved  in  the
     3  controversy in which the judgment shall have been rendered.
     4    §  9.  This  act  shall  take effect twelve months after it shall have
     5  become a law; provided, however, that effective immediately the  depart-
     6  ment  of  education  is  authorized  to promulgate any and all rules and
     7  regulations and take any other measure necessary to implement  this  act
     8  on  or  before  its  effective  date, including, but not limited to, the
     9  appointment of the state board for psychology, the acceptance and  proc-
    10  essing  of  applications for licensure and the issuance of licenses; and
    11  provided, further, that the provisions of article 166-A of the education
    12  law, as added by section two of this act, requiring a license or limited
    13  permit to practice under such article shall not be enforced until  twen-
    14  ty-four months after the effective date of this act.
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