•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A01745 Summary:

BILL NOA01745A
 
SAME ASNo Same As
 
SPONSORRosenthal
 
COSPNSROtis, Stirpe, Benedetto, Paulin, Hevesi, Cruz, Reyes, Gallagher, Jones, Kelles, Lupardo, Zinerman, Seawright, Dinowitz, Sayegh, Bichotte Hermelyn, Clark, Smith, Forrest, Jackson, Carroll R, Cunningham, Shimsky, Simon, Mikulin, Walsh, Slater, Eachus, Shrestha, Berger, Steck
 
MLTSPNSR
 
Add Art 153-A §§7620 - 7628, amd §§6507, 7602 & 6503-a, Ed L; amd §413, Soc Serv L
 
Provides for the licensure of school psychology practitioners; authorizes the use of the title "licensed school psychology practitioner" to licensed or exempt individuals; defines practice of licensed school psychology practitioners; 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; mandatory continuing education requirements.
Go to top

A01745 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1745--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2025
                                       ___________
 
        Introduced by M. of A. ROSENTHAL, OTIS, STIRPE, BENEDETTO, PAULIN, HEVE-
          SI,  CRUZ,  REYES,  GALLAGHER,  KELLES,  LUPARDO, ZINERMAN, SEAWRIGHT,
          DINOWITZ, SAYEGH, BICHOTTE HERMELYN, CLARK, SMITH,  FORREST,  JACKSON,
          R. CARROLL,   CUNNINGHAM,  SHIMSKY,  SIMON,  MIKULIN,  WALSH,  SLATER,
          EACHUS, SHRESTHA, BERGER, STECK --  read  once  and  referred  to  the
          Committee on Higher Education -- recommitted to the Committee on High-
          er  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 a licensed school psychology practitioner
 
          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
     2  that  the  ever-growing social and emotional needs of children and youth
     3  have only been intensified by the COVID-19 pandemic.    The  legislature
     4  acknowledges that the U.S. Surgeon General has declared a national emer-
     5  gency  in  relation  to  children's  mental health, and that parents and
     6  professionals are calling for greater access to mental  health  services
     7  for  children.  The legislature therefore intends to ensure services are
     8  available for children, youth, and their parents to seek the  help  they
     9  need  by  allowing school psychology professionals to assist these indi-
    10  viduals outside of a traditional setting.  The  legislature  finds  that
    11  increasing  the  number of trained professionals who are able to provide
    12  mental health services outside of an educational setting will  be  posi-
    13  tive  for  the children, parents, school, and society. School psychology
    14  professionals are trained and educated in psychopathology, the  psychol-
    15  ogy  of  learning,  motivation and human development in order to address
    16  the many factors  influencing  their  adjustment  in  school  and  life.
    17  Accordingly,  these  factors  may  include  trauma, social and emotional
    18  adjustment, inequitable and historically marginalized  community  condi-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04187-02-6

        A. 1745--A                          2
 
     1  tions,  school  climate,  and  home/school/community  collaboration. The
     2  legislature therefore declares that by addressing the needs of  children
     3  through  prevention  services,  assessments  and/or  counseling,  school
     4  psychology  professionals  can contribute to their future success. It is
     5  important that school psychology  professionals  are  held  to  specific
     6  standards and requirements that will ensure competent services.
     7    §  2.  The  education  law is amended by adding a new article 153-A to
     8  read as follows:
     9                                ARTICLE 153-A
    10                   LICENSED SCHOOL PSYCHOLOGY PRACTITIONER
    11  Section 7620. Introduction.
    12          7621. Practice of licensed school  psychology  practitioner  and
    13                  use of the title "licensed school psychology practition-
    14                  er".
    15          7622. Definition of the practice of a licensed school psychology
    16                  practitioner.
    17          7623. Requirements for a professional license.
    18          7624. Boundaries of professional competency.
    19          7625. Limited permits.
    20          7626. Exemptions.
    21          7627. Special provisions.
    22          7628. Mandatory continuing education.
    23    § 7620. Introduction. This article applies to the profession and prac-
    24  tice  of a licensed school psychology practitioner and to the use of the
    25  title "licensed school psychology practitioner".  The general provisions
    26  for all professions contained in article  one  hundred  thirty  of  this
    27  title apply to this article.
    28    § 7621. Practice of licensed school psychology practitioner and use of
    29  the  title  "licensed  school  psychology practitioner".   Only a person
    30  licensed or exempt under this  article  shall  practice  as  a  licensed
    31  school  psychology  practitioner  or  use  the  title  "licensed  school
    32  psychology practitioner".
    33    § 7622. Definition of the practice of  a  licensed  school  psychology
    34  practitioner.  The practice of a licensed school psychology practitioner
    35  is:
    36    1. the assessment,  including  psycho-educational,  developmental  and
    37  vocational  assessment,  evaluation  and interpretation of intelligence,
    38  cognitive processes, aptitudes, interests, academic achievement, adjust-
    39  ment, personality factors and motivations, or any other  attributes,  to
    40  individuals  or  groups of preschool and school-age children and adoles-
    41  cents that relate to learning, education or adjustment needs;
    42    2.  the  development  and  implementation   of   educationally-related
    43  psychotherapeutic  and  behavioral approaches to increase school adjust-
    44  ment and academic  success,  counseling  and  interpretive  services  to
    45  reduce  education-related problems including, but not limited to, verbal
    46  interaction, interviewing, behavior techniques, developmental and  voca-
    47  tional intervention, environmental management and group processes;
    48    3.  consultation  with representatives of schools, agencies and organ-
    49  izations, families or individuals, including psycho-educational,  devel-
    50  opmental  and  vocational    assistance  or direct educational services,
    51  related to learning problems and adjustments to those  problems  to  the
    52  benefit  of  an individual or group of preschool and school-age children
    53  and adolescents; and
    54    4. the development of programming, including  designing,  implementing
    55  or  evaluating educationally and psychologically sound learning environ-

        A. 1745--A                          3
 
     1  ments and the facilitation of psycho-educational development of individ-
     2  uals, families or groups.
     3    §  7623.    Requirements  for a professional license. To qualify for a
     4  license as a licensed school psychology practitioner, an applicant shall
     5  fulfill the following requirements:
     6    1. Application: File an application with the department;
     7    2. Education: Complete a minimum of sixty graduate semester  hours  in
     8  psychology  credits including a master's degree and fulfill the require-
     9  ments of an advanced degree in school psychology or  its  equivalent  or
    10  doctoral  degree  in  school psychology from a program registered by the
    11  department, or determined by the department to be the substantial equiv-
    12  alent in accordance with the commissioner's regulations.   The  graduate
    13  coursework shall reflect the training and credentialing standards estab-
    14  lished  by  a  national certifying body having school psychology certif-
    15  ication  or  regional  standards  acceptable  to  the  commissioner  and
    16  include, but not be limited to, the following areas:
    17    (i) biological, social and cultural bases of development;
    18    (ii) psychopathology and exceptionality in learning and behavior;
    19    (iii)  assessment  and  appraisal  of  learners  in  home  and  school
    20  contexts;
    21    (iv) consultation and collaboration in family,  school  and  community
    22  systems;
    23    (v)  effective  instruction  and development of cognitive and academic
    24  skills;
    25    (vi) prevention and treatment of behavioral  and  emotional  disorders
    26  and deficits;
    27    (vii) school organization, curriculum, policy and law;
    28    (viii) research and program evaluation;
    29    (ix) professional and ethical practice of psychology in schools; and
    30    (x)  completion  of  a  twelve  hundred  hour supervised internship in
    31  school psychology, with no less than six hundred hours completed  within
    32  a  school  setting  or  such  other  setting  otherwise  governed by the
    33  provisions of section sixty-five hundred three-a or  sixty-five  hundred
    34  three-b of this title relating to waivers for entities providing profes-
    35  sional services.
    36    3.  Experience:  Complete  a  minimum of three thousand hours of post-
    37  master's supervised  experience  relevant  to  the  practice  of  school
    38  psychology  satisfactory to the board and in accordance with the commis-
    39  sioner's regulations, such supervised experience which may  include  one
    40  thousand  two  hundred  hours  completed  as part of a program in school
    41  psychology. Satisfactory experience  obtained  in  an  entity  operating
    42  under  a  waiver issued by the department pursuant to section sixty-five
    43  hundred three-a of  this  title  may  be  accepted  by  the  department,
    44  notwithstanding that such experience may have been obtained prior to the
    45  effective  date  of such section sixty-five hundred three-a and/or prior
    46  to the entity having obtained a waiver. The  department  may,  for  good
    47  cause  shown,  accept  satisfactory  experience  that  was obtained in a
    48  setting that would have been eligible for a waiver  but  which  has  not
    49  obtained a waiver from the department or experience that was obtained in
    50  good  faith  by the applicant under the belief that appropriate authori-
    51  zation had been obtained for the experience, provided that such  experi-
    52  ence meets all other requirements for acceptable experience;
    53    4.  Examination:  Pass an examination satisfactory to the board and in
    54  accordance with the commissioner's regulations;
    55    5. Age: Be at least twenty-one years of age;

        A. 1745--A                          4

     1    6. Character: Be of good moral character as determined by the  depart-
     2  ment; and
     3    7.  Fees:  Pay  a  fee of two hundred dollars to the department for an
     4  initial license and a fee of one hundred seventy dollars for each trien-
     5  nial registration period.
     6    § 7624. Boundaries of professional competency. 1.  It shall be  deemed
     7  practicing  outside the boundaries of a person's professional competence
     8  for a person licensed pursuant to this article, in the case of treatment
     9  of any serious mental illness, to provide   any mental  health  services
    10  for  such illness on a continuous and sustained basis without a  medical
    11  evaluation of the illness by, and consultation with, a physician regard-
    12  ing such  illness.  Such medical evaluation and consultation shall be to
    13  determine and advise whether any medical  care  is  indicated  for  such
    14  illness.  For  purposes of this section,  "serious mental illness" means
    15  schizophrenia,  schizoaffective  disorder,  bipolar  disorder,     major
    16  depressive  disorder,  panic disorder and obsessive-compulsive disorder.
    17  Nothing in this section shall be construed to prevent, limit  or  impair
    18  consultation with any other health or mental health professional.
    19    2.  Any individual whose license or authority to practice derives from
    20  the provisions of this article shall be prohibited from:
    21    (a) prescribing or administering drugs as defined in this chapter as a
    22  treatment, therapy, or professional service  in  the  practice  of  such
    23  individual's profession;
    24    (b) using invasive procedures as a treatment, therapy, or professional
    25  service in the practice of such individual's profession. For purposes of
    26  this  subdivision,  "invasive  procedure"  means  any procedure in which
    27  human tissue is cut, altered, or otherwise infiltrated by mechanical  or
    28  other  means.    Invasive  procedure  includes surgery, lasers, ionizing
    29  radiation, therapeutic ultrasound, or electroconvulsive therapy; or
    30    (c) engaging in  dual  setting  practice,  or  otherwise  offering  or
    31  providing  private practice services to a student of a school or special
    32  education program where the practitioner is currently employed or  under
    33  contract with such school or program.
    34    3.  Nothing  in  this  article  shall be deemed to authorize, grant or
    35  extend hospital privileges to individuals licensed under this article.
    36    § 7625. Limited permits.  1. The department may issue a limited permit
    37  to an applicant who meets all qualifications for licensure,  except  the
    38  examination  and/or  experience  requirements,  in accordance with regu-
    39  lations promulgated therefor.
    40    2. Limited permits shall be for one year; such limited permits may  be
    41  renewed, at the discretion of the department, for one additional year.
    42    3.  The  fee  for  each  limited  permit and for each renewal shall be
    43  seventy dollars.
    44    4. A limited permit holder shall practice only  under  supervision  as
    45  determined in accordance with the commissioner's regulations.
    46    §  7626.  Exemptions.  Nothing  contained  in  this  article  shall be
    47  construed to:
    48    1. apply to the practice, conduct, activities, services or use of  any
    49  title  by  any person licensed or otherwise authorized to practice medi-
    50  cine within the state pursuant to article one hundred thirty-one of this
    51  title or by any person registered to perform  services  as  a  physician
    52  assistant  within the state pursuant to article one hundred thirty-one-B
    53  of this title or by any person licensed or otherwise authorized to prac-
    54  tice psychology within  this  state  pursuant  to  article  one  hundred
    55  fifty-three of this title or by any person licensed or otherwise author-
    56  ized  to practice as a licensed clinical social worker within this state

        A. 1745--A                          5
 
     1  pursuant to article one hundred fifty-four of  this  title,  or  by  any
     2  person  licensed or otherwise authorized to practice nursing as a regis-
     3  tered professional nurse within this state  pursuant    to  article  one
     4  hundred  thirty-nine  of this title, or by any person licensed or other-
     5  wise authorized to practice mental health counseling, marriage and fami-
     6  ly therapy, creative  arts therapy, or psychoanalysis within the  state,
     7  or  by  any  person licensed or otherwise authorized to practice applied
     8  behavior analysis within the state pursuant to this  article;  provided,
     9  however,  that  no  physician, physician's assistant, registered profes-
    10  sional nurse, psychologist, licensed clinical  social  worker,  licensed
    11  mental   health  counselor,  licensed  marriage  and  family  therapist,
    12  licensed creative arts therapist,  licensed  psychoanalyst  or  licensed
    13  applied  behavior  analyst  may use the title unless licensed under this
    14  article;
    15    2. prohibit or limit any individual who is credentialed under any law,
    16  including attorneys, rape crisis counselors, certified alcoholism  coun-
    17  selors  and  certified  substance abuse counselors from providing mental
    18  health services within their respective established authorities;
    19    3. prohibit or limit the  practice of a profession  licensed  pursuant
    20  to this article by a student, intern or resident in, and as a part of, a
    21  supervised educational program in an institution approved by the depart-
    22  ment;
    23    4.  prohibit or limit the provision of pastoral counseling services by
    24  any member of the clergy or Christian Science practitioner,  within  the
    25  context of such member of the clergy or Christian Science practitioner's
    26  ministerial  charge or obligation;
    27    5.  prohibit or limit individuals, churches, schools, teachers, organ-
    28  izations, or  not-for-profit  businesses,  from  providing  instruction,
    29  advice, support, encouragement, or information to individuals, families,
    30  and relational groups;
    31    6.  prohibit  or  limit an occupational therapist from performing work
    32  consistent with article one hundred fifty-six of this title;
    33    7. affect or prevent the activities or  services  on  the  part  of  a
    34  person  in  the employ of a federal, state, county, or municipal agency,
    35  other political subdivision, or  a  chartered  elementary  or  secondary
    36  school or degree-granting educational institution insofar as such activ-
    37  ities  and  services  are a part of the duties of such person's salaried
    38  position; or
    39    8. impair or affect the conduct, activities or services of  a  techni-
    40  cian  to  administer  and  score standardized objective (non-projective)
    41  psychological or neuropsychological tests which have specific  predeter-
    42  mined  and  manualized  administrative procedures which entail observing
    43  and describing test behavior  and  test  responses,  and  which  do  not
    44  require  evaluation,  interpretation  or  other judgments as provided in
    45  subdivision eleven of section seventy-six hundred five of this title.
    46    § 7627. Special provisions. 1. Any  nonexempt  person  practicing  the
    47  profession  of licensed school psychology practitioner shall apply for a
    48  license of such profession within one year of the effective date of this
    49  section.
    50    (a) If such person does not meet the requirements for a license estab-
    51  lished within this article, such person may  meet  alternative  criteria
    52  determined  by  the  department to be the substantial equivalent of such
    53  criteria.
    54    (b) If such person meets the requirements for  a  license  established
    55  within  this  article, except for examination, and has been certified or
    56  registered by a national certifying or registering body  having  certif-

        A. 1745--A                          6
 
     1  ication  or  registration standards acceptable to  the commissioner, the
     2  department shall license without examination.
     3    2.  Notwithstanding  the  requirements  of section seventy-six hundred
     4  twenty-three of this article, and for a period of time not to exceed two
     5  years from the effective date of this  article,  an  individual  may  be
     6  licensed  as  a  school psychology practitioner provided such person has
     7  either:
     8    (a) met the educational requirements as defined in section seventy-six
     9  hundred twenty-three of this article  and  performed  the  duties  of  a
    10  school  psychologist as authorized by article one hundred fifty-three of
    11  this title or any other provision of law, for two of the past five years
    12  prior to the effective date of this article; or
    13    (b) performed the duties of a school  psychologist  as  authorized  by
    14  article  one hundred fifty-three of this title or any other provision of
    15  law, for at least five years prior to the effective date of  this  arti-
    16  cle.
    17    3. Any person licensed pursuant to this article may use accepted codes
    18  and  classifications  of signs, symptoms, dysfunctions and disorders, as
    19  approved in accordance with regulations  promulgated by the  department,
    20  in the practice of such licensed profession.
    21    4.  Nothing in this article shall be deemed to alter, modify or affect
    22  the provisions of section three thousand twelve or  twenty-five  hundred
    23  ten  of  this  chapter or otherwise affect the certification of a school
    24  psychologist.
    25    § 7628. Mandatory continuing education. 1.  (a) Each  licensed  school
    26  psychology practitioner required under this article to register trienni-
    27  ally  with  the  department to practice in this state, shall comply with
    28  the provisions of mandatory continuing education requirements prescribed
    29  in subdivision two of this section, except as set  forth  in  paragraphs
    30  (b)  and (c) of this subdivision. Licensed school psychology practition-
    31  ers who do not satisfy the mandatory continuing  education  requirements
    32  shall  not practice until they have met such requirements, and they have
    33  been issued a registration certificate, except that  a  licensed  school
    34  psychology  practitioner  may  practice without having met such require-
    35  ments if they are issued a conditional registration certificate pursuant
    36  to subdivision three of this section.
    37    (b) Each licensed school psychology practitioner shall be exempt  from
    38  the mandatory continuing education requirements for the triennial regis-
    39  tration  period during which they are first licensed. In accordance with
    40  the intent of this  section,  adjustment  to  the  mandatory  continuing
    41  education  requirement  may  be granted by the department for reasons of
    42  health that are certified by an appropriate  health  care  professional,
    43  for  extended active duty with the armed forces of the United States, or
    44  for other good cause acceptable to  the  department  which  may  prevent
    45  compliance.
    46    (c) A licensed school psychology practitioner shall be exempt from the
    47  mandatory  continuing  education requirement upon the filing of a state-
    48  ment with the department declaring such status. Any licensee who returns
    49  to the practice of  licensed  school  psychology  during  the  triennial
    50  registration  period shall notify the department prior to reentering the
    51  profession and shall meet such mandatory education requirements as shall
    52  be prescribed by regulations of the commissioner.
    53    2. During each triennial registration period an applicant  for  regis-
    54  tration  as  a  licensed school psychology practitioner shall complete a
    55  minimum of thirty-six hours of acceptable formal continuing education, a
    56  maximum of twelve hours of which may be self-instructional  course  work

        A. 1745--A                          7
 
     1  acceptable  to the department. A licensed school psychology practitioner
     2  whose first registration date  following  the  effective  date  of  this
     3  section occurs less than three years from such effective date, but on or
     4  after  January  first,  two thousand thirty up to the first registration
     5  date thereafter. A licensee who has not satisfied the mandatory continu-
     6  ing education requirement shall not be issued a  triennial  registration
     7  certificate  by the department and shall not practice unless and until a
     8  conditional registration certificate is issued as provided for in subdi-
     9  vision three of this section. Continuing education  hours  taken  during
    10  one triennium may not be transferred to the subsequent triennium.
    11    3.  (a)  The  department,  in  its discretion, may issue a conditional
    12  registration to a licensee who fails to meet  the  continuing  education
    13  requirements  established  in  subdivision  two  of this section but who
    14  agrees to make up any deficiencies and complete any additional education
    15  which the department may require. The fee for such a conditional  regis-
    16  tration shall be the same as, and in addition to, the fee for the trien-
    17  nial  registration.  The duration of such conditional registration shall
    18  be determined by the department but  shall  not  exceed  one  year.  Any
    19  licensee  who  is  notified of the denial of registration for failure to
    20  submit evidence, satisfactory to the department, of required  continuing
    21  education  and who practices without such registration may be subject to
    22  disciplinary proceedings pursuant to this title.
    23    (b) For purposes of this section "acceptable formal  education"  shall
    24  mean  formal  courses of learning which contribute to professional prac-
    25  tice in school psychology and which meet  the  standards  prescribed  by
    26  regulations  of  the commissioner. Such formal courses of learning shall
    27  include, but not be limited to, collegiate level credit  and  non-credit
    28  courses,   professional  development  programs  and  technical  sessions
    29  offered by national, state and local professional associations and other
    30  organizations acceptable to the  department,  and  any  other  organized
    31  educational and technical programs acceptable to the department. Contin-
    32  uing  education  courses  must  be  taken  from  a provider who has been
    33  approved by the department, based upon an application and fee,  pursuant
    34  to  the  regulations  of  the  commissioner.  The department may, in its
    35  discretion and as needed to contribute to the health and welfare of  the
    36  public,  require  the  completion  of  continuing  education  courses in
    37  specific  subjects  to  fulfill  this  mandatory  continuing   education
    38  requirement.  Licensed  school  psychology  practitioners shall maintain
    39  adequate documentation of completion  of  acceptable  formal  continuing
    40  education  and  shall  provide  such documentation at the request of the
    41  department. Failure to provide such documentation upon  the  request  of
    42  the  department  shall  be  an act of misconduct subject to disciplinary
    43  proceedings pursuant to this title.
    44    (c) The mandatory continuing education fee shall be determined by  the
    45  department. Such fee shall be payable on or before the first day of each
    46  triennial  registration  period,  and  shall  be paid in addition to the
    47  triennial registration fees as required by law.
    48    § 3. Paragraph a of subdivision 3 of section  6507  of  the  education
    49  law,  as  amended by chapter 733 of the laws of 2023, is amended to read
    50  as follows:
    51    a. Establish standards for preprofessional and professional education,
    52  experience and licensing examinations as required to implement the arti-
    53  cle for each profession. Notwithstanding any other provision of law, the
    54  commissioner shall establish standards requiring that all persons apply-
    55  ing, on or after January first, nineteen hundred ninety-one,  initially,
    56  or for the renewal of, a license, registration or limited permit to be a

        A. 1745--A                          8
 
     1  physician,  chiropractor, dentist, registered nurse, podiatrist, optome-
     2  trist, psychiatrist, psychologist, licensed  school  psychology  practi-
     3  tioner,  licensed master social worker, licensed clinical social worker,
     4  licensed  creative  arts  therapist, licensed marriage and family thera-
     5  pist, licensed mental health counselor, licensed  psychoanalyst,  dental
     6  hygienist, licensed behavior analyst, certified behavior analyst assist-
     7  ant,  or athletic trainer shall, in addition to all the other licensure,
     8  certification or  permit  requirements,  have  completed  two  hours  of
     9  coursework  or  training  regarding  the identification and reporting of
    10  child abuse and  maltreatment.  The  coursework  or  training  shall  be
    11  obtained  from an institution or provider which has been approved by the
    12  department to provide such coursework or  training.  The  coursework  or
    13  training shall include information regarding the physical and behavioral
    14  indicators  of  child abuse and maltreatment and the statutory reporting
    15  requirements set out in sections  four  hundred  thirteen  through  four
    16  hundred twenty of the social services law, including but not limited to,
    17  when  and  how a report must be made, what other actions the reporter is
    18  mandated or authorized to take, the legal  protections  afforded  repor-
    19  ters,  and  the  consequences  for failing to report. Such coursework or
    20  training may also include information regarding the physical and  behav-
    21  ioral indicators of the abuse of individuals with developmental disabil-
    22  ities  and  voluntary  reporting  of  abused  or neglected adults to the
    23  office for people with developmental disabilities  or  the  local  adult
    24  protective  services unit.   Each applicant shall provide the department
    25  with documentation showing that [he or she] such applicant has completed
    26  the required training. The department shall provide  an  exemption  from
    27  the  child abuse and maltreatment training requirements to any applicant
    28  who requests such an exemption and who shows, to the department's satis-
    29  faction, that there would be no need because of the nature  of  [his  or
    30  her]  such  applicant's  practice  for  [him  or  her] such applicant to
    31  complete such training;
    32    § 4. Section 7602 of the education law, as added by chapter 987 of the
    33  laws of 1971, is amended to read as follows:
    34    § 7602. State board for psychology.   A  state  board  for  psychology
    35  shall  be  appointed  by  the  board of regents on recommendation of the
    36  commissioner for the purpose of assisting the board of regents  and  the
    37  department on matters of professional licensing and professional conduct
    38  in  accordance with section sixty-five hundred eight of this title.  The
    39  board shall be composed of not less than eleven [psychologists  licensed
    40  in  this  state] members, seven of whom shall be licensed psychologists,
    41  two of whom shall be licensed school psychology practitioners and two of
    42  whom shall be public members.  An executive secretary to the board shall
    43  be appointed by the board of regents  upon  the  recommendation  of  the
    44  commissioner and shall be a psychologist, licensed in this state.
    45    §  5.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
    46  services law, as amended by chapter 733 of the laws of 2023, is  amended
    47  to read as follows:
    48    (a)  The  following  persons  and  officials are required to report or
    49  cause a report to be made in accordance with this title when  they  have
    50  reasonable  cause  to  suspect  that a child coming before them in their
    51  professional or official capacity is an abused or maltreated  child,  or
    52  when  they have reasonable cause to suspect that a child is an abused or
    53  maltreated child where the parent, guardian, custodian or  other  person
    54  legally  responsible  for  such child comes before them in their profes-
    55  sional or official capacity and states from  personal  knowledge  facts,
    56  conditions or circumstances which, if correct, would render the child an

        A. 1745--A                          9
 
     1  abused  or maltreated child: any physician; registered physician assist-
     2  ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
     3  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
     4  athletic trainer; psychologist; licensed school psychology practitioner;
     5  registered  nurse; social worker; emergency medical technician; licensed
     6  creative  arts  therapist;  licensed  marriage  and  family   therapist;
     7  licensed  mental  health  counselor;  licensed  psychoanalyst;  licensed
     8  behavior analyst; certified behavior analyst assistant; hospital person-
     9  nel engaged in the admission, examination, care or treatment of persons;
    10  a Christian Science practitioner; school official, which includes but is
    11  not  limited  to  school  teacher,  school  guidance  counselor,  school
    12  psychologist,  school  social worker, school nurse, school administrator
    13  or other school personnel required to hold a teaching or  administrative
    14  license  or  certificate;  full or part-time compensated school employee
    15  required to hold a temporary coaching license or  professional  coaching
    16  certificate; social services worker; employee of a publicly-funded emer-
    17  gency shelter for families with children; director of a children's over-
    18  night  camp, summer day camp or traveling summer day camp, as such camps
    19  are defined in section thirteen hundred ninety-two of the public  health
    20  law;  day  care center worker; school-age child care worker; provider of
    21  family or group family day care; employee or volunteer in a  residential
    22  care  facility  for  children that is licensed, certified or operated by
    23  the office of children and family services; or any other child  care  or
    24  foster  care worker; mental health professional; substance abuse counse-
    25  lor; alcoholism counselor; all persons credentialed  by  the  office  of
    26  [alcoholism  and  substance  abuse]  addiction  services  and  supports;
    27  employees, who are expected to have regular and substantial contact with
    28  children, of a  health  home  or  health  home  care  management  agency
    29  contracting with a health home as designated by the department of health
    30  and  authorized under section three hundred sixty-five-l of this chapter
    31  or such employees who provide home and community based services under  a
    32  demonstration  program pursuant to section eleven hundred fifteen of the
    33  federal social security  act  who  are  expected  to  have  regular  and
    34  substantial  contact  with  children;  peace  officer;  police  officer;
    35  district attorney or assistant district attorney; investigator  employed
    36  in the office of a district attorney; or other law enforcement official.
    37    §  6.  Subparagraph  (i)  of  paragraph  a of subdivision 1 of section
    38  6503-a of the education law, as amended by chapter 554 of  the  laws  of
    39  2013, is amended to read as follows:
    40    (i)  services  provided  under  article one hundred fifty-three-A, one
    41  hundred fifty-four, one hundred sixty-three or one  hundred  sixty-seven
    42  of this title for which licensure would be required, or
    43    § 7. Severability. If any clause, sentence, paragraph, section or part
    44  of  this act shall be adjudged by any court of competent jurisdiction to
    45  be invalid, the judgment shall not affect,  impair,  or  invalidate  the
    46  remainder thereof, but shall be confined in its operation to the clause,
    47  sentence,  paragraph,  section  or part thereof directly involved in the
    48  controversy in which the judgment shall have been rendered.
    49    § 8. This act shall take effect eighteen months after  it  shall  have
    50  become  a  law.  Effective  immediately  the  department of education is
    51  authorized to promulgate any and all rules and regulations and take  any
    52  other measure necessary to implement this act on or before its effective
    53  date,  including, but not limited to, the appointment of the state board
    54  for psychology, the acceptance and processing of applications for licen-
    55  sure and the issuance of licenses.
Go to top