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A06008 Summary:

BILL NOA06008E
 
SAME ASSAME AS S09449
 
SPONSORBronson
 
COSPNSRGallagher, Lunsford, McDonald, Barrett, Forrest, Clark, Richardson, Steck, Santabarbara, Davila, Pichardo, Meeks, Abinanti, Burdick, Gunther, Walsh, Reilly, Zinerman, Stern, Jackson, Mitaynes, O'Donnell, Simon, Hunter, Hevesi, Jensen, Stirpe, Wallace, Anderson, Jean-Pierre, McMahon, Fahy, Galef, Burke, Lupardo, Jones, Woerner, Buttenschon
 
MLTSPNSRByrnes, Sillitti
 
Amd §§8401, 8407, 8409 & 8410, add §8401-a, Ed L
 
Requires clinical experience for certain mental health practitioners and other mental health professionals; allows such practitioners to make assessment-based treatment plans; makes related provisions.
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A06008 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6008--E
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 4, 2021
                                       ___________
 
        Introduced  by M. of A. BRONSON, GALLAGHER, LUNSFORD, McDONALD, BARRETT,
          FORREST, CLARK, STECK, SANTABARBARA, DAVILA, MEEKS, ABINANTI, BURDICK,
          GUNTHER, WALSH, REILLY, ZINERMAN, STERN, JACKSON, MITAYNES, O'DONNELL,
          SIMON, HUNTER, HEVESI, JENSEN, STIRPE, WALLACE, ANDERSON, JEAN-PIERRE,
          McMAHON, FAHY, GALEF, BURKE -- Multi-Sponsored by -- M. of A.  BYRNES,
          SILLITTI  --  read once and referred to the Committee on Higher Educa-
          tion -- committee  discharged,  bill  amended,  ordered  reprinted  as
          amended  and recommitted to said committee -- again reported from said
          committee with amendments, ordered reprinted as amended and  recommit-
          ted to said committee -- recommitted to the Committee on Higher Educa-
          tion  in  accordance  with  Assembly  Rule  3,  sec.  2  --  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, in relation to diagnostic  privilege;
          and  providing  for  the  repeal of certain provisions upon expiration
          thereof
 
          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 two
     2  new subdivisions 3 and 4 to read as follows:
     3    3. "Diagnosis" means the process of distinguishing, beyond  a  general
     4  assessment,  between  similar  mental,  emotional,  behavioral, develop-
     5  mental, and addictive disorders, impairments, and disabilities within  a
     6  psychosocial  framework on the basis of their similar and unique charac-
     7  teristics consistent with accepted classification systems.
     8    4. "Development of assessment-based treatment plans" means the  devel-
     9  opment of an integrated plan of prioritized interventions, that is based
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09892-18-2

        A. 6008--E                          2
 
     1  on  the  diagnosis and psychosocial assessment of the client, to address
     2  mental, emotional, behavioral, developmental, and  addictive  disorders,
     3  impairments, and disabilities.
     4    §  2.  The  education law is amended by adding a new section 8401-a to
     5  read as follows:
     6    § 8401-a. Diagnostic privilege. 1. For  issuance  of  a  privilege  to
     7  diagnose  and  develop  assessment-based  treatment plans, as defined in
     8  section eighty-four hundred one of this  article,  the  applicant  shall
     9  fulfill the following requirements:
    10    (a) Application: File an application with the department;
    11    (b)  License: Be licensed and registered as a mental health counselor,
    12  marriage and family therapist, or a psychoanalyst in the state;
    13    (c) Education:   Verify  the  completion  of  a  sixty  semester  hour
    14  master's degree or higher, or the clock hour equivalent program of study
    15  in  a  psychoanalytic  institute,  that  includes  completion  of a core
    16  curriculum which includes at least twelve semester hours or  clock  hour
    17  equivalent  of  clinical courses that prepares the applicant to diagnose
    18  and develop assessment-based treatment plans acceptable to  the  depart-
    19  ment. A person who has received a master's or higher degree during which
    20  they  did  not complete the required hours, may satisfy such requirement
    21  by completing the equivalent post-graduate courses  in  accordance  with
    22  the commissioner's regulations;
    23    (d)  Experience:  (i)  Have  completed  at least two thousand hours of
    24  supervised, direct client contact that shall include, but not be limited
    25  to, diagnosis, psychotherapy and  the  development  of  assessment-based
    26  treatment  plans,  as defined in section eighty-four hundred one of this
    27  article, satisfactory to the department.
    28    (ii) Subparagraph (i) of this paragraph shall not apply  to  a  mental
    29  health  counselor,  marriage  and family therapist, or psychoanalyst who
    30  was licensed prior to June twenty-fourth, two thousand twenty-four,  and
    31  who provides attestation, on a form prescribed by the department, from a
    32  supervisor in a facility setting or other supervised setting approved by
    33  the  department  under supervision in accordance with the commissioner's
    34  regulations, that such licensee has at least three years  of  experience
    35  engaged in direct client contact that shall include diagnosis, psychoth-
    36  erapy  and  the  development  of assessment-based treatment plans.  Such
    37  licensee shall submit an application to the  department    within  three
    38  years of the effective date of this section.
    39    (e) Fee: Pay a fee of one hundred seventy-five dollars for issuance of
    40  a privilege to diagnose and develop assessment-based treatment plans.
    41    2. A mental health counselor, marriage and family therapist or psycho-
    42  analyst who engages in diagnosis and the development of assessment-based
    43  treatment  plans  without  a  privilege may be charged with professional
    44  misconduct under section sixty-five hundred nine of this title.
    45    3. A privilege issued under this section shall be valid for  the  life
    46  of  the  holder,  unless revoked, annulled, or suspended by the board of
    47  regents. Such a privilege shall be subject to  the  same  oversight  and
    48  disciplinary  provisions as licenses issued under this title. The holder
    49  of a privilege issued under this section shall register with the depart-
    50  ment as a privilege holder in the same manner and subject  to  the  same
    51  provisions  as  required  of  a  licensee pursuant to section sixty-five
    52  hundred two of this title, provided that, at the time of each  registra-
    53  tion,  the  privilege  holder  shall certify that he or she continues to
    54  meet the requirements for the privilege set forth in this  section.  The
    55  fee for such registration shall be one hundred seventy-five dollars. The

        A. 6008--E                          3
 
     1  registration period for a privilege holder shall be coterminous with his
     2  or her registration under this article.
     3    §  3.  Subdivision 1 of section 8407 of the education law, as added by
     4  chapter 676 of the laws of 2002, is amended to read as follows:
     5    1. It shall be deemed practicing outside the boundaries of his or  her
     6  professional  competence for a person licensed pursuant to this article,
     7  in the case of treatment of any serious mental illness, to  provide  any
     8  mental  health  service  for  such illness on a continuous and sustained
     9  basis without a medical evaluation of the illness by,  and  consultation
    10  with,  a  physician regarding such illness, unless such licensed profes-
    11  sional has been issued a privilege to diagnosis and develop  assessment-
    12  based  treatment  plans  by  the department. Such medical evaluation and
    13  consultation shall be to determine and advise whether any  medical  care
    14  is  indicated  for  such illness. For purposes of this section, "serious
    15  mental illness" means schizophrenia, schizoaffective  disorder,  bipolar
    16  disorder,  major  depressive disorder, panic disorder, obsessive-compul-
    17  sive disorder, attention-deficit hyperactivity disorder and autism.
    18    § 4. Subdivision 1 of section 8409 of the education law, as amended by
    19  chapter 210 of the laws of 2004, is amended to read as follows:
    20    1. The department may issue a limited permit to an applicant who meets
    21  all qualifications for licensure, except the examination and/or  experi-
    22  ence  requirements, or to an applicant who is gaining experience for the
    23  diagnostic privilege, in accordance with regulations promulgated  there-
    24  for.
    25    §  5.  Section  8410  of  the education law is amended by adding a new
    26  subdivision 11 to read as follows:
    27    11. Prohibit or limit a mental health counselor, marriage  and  family
    28  therapist,  or  psychoanalyst  licensed  and registered pursuant to this
    29  article from engaging in diagnosis and the  development  of  assessment-
    30  based  treatment plans, as defined in section eighty-four hundred one of
    31  this article,  in  a  facility  setting  or  other  supervised  settings
    32  approved  by  the  department  under  supervision in accordance with the
    33  commissioner's regulations.
    34    § 6. This act shall take effect June 24, 2022; provided however,  that
    35  sections  two  and  three  of  this act shall take effect June 24, 2024;
    36  provided, further, that the provisions of section five of this act shall
    37  expire and be deemed repealed June 24, 2025. Effective immediately,  the
    38  addition,  amendment  and/or  repeal of any rule or regulation necessary
    39  for the implementation of this act on its effective date are  authorized
    40  to be made and completed on or before such effective date.
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