Amd SS7600, 7601, 7604, 6507 & 6909, add SS7601-a, 7606, Art 163 SS8400 - 8411, rpld & add S7605sub 3, Ed L;
amd S413, Soc Serv L; amd S1503, BC L; amd SS1203, 1207 & 1301, Lim Lil L; amdSS121-1500 & 121-1502, Partn L
Defines the practice of the profession psychology in order to clarify those licensed persons who are permitted to use the title psychologist, psychology or psychological in connection with their practice; provides for the licensing of mental health counsellors, marriage and family therapists, creative arts therapists and psychoanalysts.
STATE OF NEW YORK
________________________________________________________________________
S. 7727 A. 11769
SENATE - ASSEMBLY
June 17, 2002
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Rules
IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M. of
A. Sanders) -- read once and referred to the Committee on Higher
Education
AN ACT to amend the education law, in relation to defining the practice
of psychology; and repealing certain provisions of such law relating
thereto; to amend the education law and the social services law, in
relation to licensing mental health practitioners; and to amend the
business corporation law, the limited liability company law and the
partnership law, in relation to the practices of creative arts thera-
py, marriage and family therapy, mental health counseling and psycho-
analysis
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 7600 of the education law, as added by chapter 987
2 of the laws of 1971, is amended to read as follows:
3 § 7600. Introduction. This article applies to the profession and
4 practice of psychology and to the use of the title "psychologist". The
5 general provisions for all professions contained in article one hundred
6 thirty of this title apply to this article.
7 § 2. Section 7601 of the education law, as added by chapter 987 of the
8 laws of 1971, is amended to read as follows:
9 § 7601. [Use] Practice of psychology and use of the title "psychol-
10 ogist". Only a person licensed or otherwise authorized under this arti-
11 cle shall be authorized to practice psychology or to use the title
12 "psychologist" or to describe his or her services by use of the words
13 "psychologist", "psychology" or "psychological" in connection with his
14 or her practice.
15 § 3. The education law is amended by adding a new section 7601-a to
16 read as follows:
17 § 7601-a. Definition of the practice of psychology. 1. The practice
18 of psychology is the observation, description, evaluation, interpreta-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16539-02-2
S. 7727 2 A. 11769
1 tion, and modification of behavior for the purpose of preventing or
2 eliminating symptomatic, maladaptive or undesired behavior; enhancing
3 interpersonal relationships, personal, group or organizational effec-
4 tiveness and work and/or life adjustment; and improving behavioral
5 health and/or mental health. The practice includes, but is not limited
6 to psychological (including neuropsychological) testing and counseling;
7 psychoanalysis; psychotherapy; the diagnosis and treatment of mental,
8 nervous, emotional, cognitive or behavioral disorders, disabilities,
9 ailments or illnesses, alcoholism, substance abuse, disorders of habit
10 or conduct, the psychological aspects of physical illness, accident,
11 injury or disability, psychological aspects of learning (including
12 learning disorders); and the use of accepted classification systems.
13 2. The term "diagnosis and treatment" means the appropriate psycholog-
14 ical diagnosis and the ordering or providing of treatment according to
15 need. Treatment includes, but is not limited to counseling, psychothera-
16 py, marital or family therapy, psychoanalysis, and other psychological
17 interventions, including verbal, behavioral, or other appropriate means
18 as defined in regulations promulgated by the commissioner.
19 § 4. Section 7604 of the education law is amended by adding a new
20 subdivision 1-a to read as follows:
21 1-a. On the recommendation of the board, the department may issue a
22 limited permit valid for an aggregate of three years to a person who has
23 completed the doctoral dissertation and other doctoral degree require-
24 ments and is gaining supervised experience to meet the experience
25 requirements for licensure. This permit may be re-issued for a maximum
26 period of one year for good cause, as determined by the department.
27 § 5. Subdivision 3 of section 7605 of the education law is REPEALED,
28 subdivision 4 is renumbered subdivision 8, and five new subdivisions 3,
29 4, 5, 6 and 7 are added to read as follows:
30 3. The practice, conduct, activities or services by any person
31 licensed or otherwise authorized to practice medicine within the state
32 pursuant to article one hundred thirty-one of this title or by any
33 person registered to perform services as a physician assistant within
34 the state pursuant to article one hundred thirty-one-B of this title.
35 4. The practice, conduct, activities, or services by any person
36 licensed or otherwise authorized to practice nursing as a registered
37 professional nurse within the state pursuant to article one hundred
38 thirty-nine of this title or by any person licensed or otherwise author-
39 ized to practice as a certified social worker within the state pursuant
40 to article one hundred fifty-four of this title, or by any person
41 licensed or otherwise authorized to practice mental health counseling,
42 marriage and family therapy, creative arts therapy, or psychoanalysis
43 within the state pursuant to article one hundred sixty-three of this
44 title, or any individual who is credentialed under any law, including
45 attorneys, rape crisis counselors, certified alcoholism counselors, and
46 certified substance abuse counselors from providing mental health
47 services within their respective established authorities.
48 5. The conduct, activities, or services of any member of the clergy or
49 Christian Science practitioner, in the provision of pastoral counseling
50 services within the context of his or her ministerial charge or obli-
51 gation.
52 6. The conduct, activities, or services of individuals, churches,
53 schools, teachers, organizations, or not-for-profit businesses in
54 providing instruction, advice, support, encouragement, or information to
55 individuals, families, and relational groups.
S. 7727 3 A. 11769
1 7. The practice, conduct, activities, or services of an occupational
2 therapist from performing work consistent with article one hundred
3 fifty-six of this title.
4 § 6. The education law is amended by adding a new section 7606 to read
5 as follows:
6 § 7606. Prohibitions. Any individual whose license or authority to
7 practice derives from the provisions of this article shall be prohibited
8 from:
9 1. prescribing or administering drugs as defined in this chapter as a
10 treatment, therapy, or professional service in the practice of his or
11 her profession; or
12 2. using invasive procedures as a treatment, therapy, or professional
13 service in the practice of his or her profession. For purposes of this
14 subdivision, "invasive procedure" means any procedure in which human
15 tissue is cut, altered, or otherwise infiltrated by mechanical or other
16 means. Invasive procedure includes surgery, lasers, ionizing radiation,
17 therapeutic ultrasound, or electroconvulsive therapy.
18 § 7. Legislative intent. The practices of mental health counseling,
19 marriage and family therapy, creative arts therapy, and psychoanalysis
20 within the state of New York affects the public safety and welfare of
21 its citizens. The legislature finds it is in the public interest to
22 regulate and control these practices in order to protect the public from
23 unprofessional, improper, unauthorized and unqualified practice of coun-
24 seling and psychotherapy. The statutory framework proposed by this act
25 includes exemptions to assure that those individuals, including regis-
26 tered professional nurses, physicians, social workers and psychologists
27 who are licensed and authorized under title 8 of the education law,
28 continue to have authorization to provide mental health services without
29 any change in their practice; similarly, the exemptions are designed to
30 allow those who are newly licensed with a legally defined scope of prac-
31 tice to practice to the full extent permitted by their own scope of
32 practice. Individuals who are credentialed under any other law, such as
33 attorneys, rape crisis counselors, certified alcoholism counselors and
34 certified substance abuse counselors, shall continue to provide services
35 within their respective established authorities.
36 § 8. The education law is amended by adding a new article 163 to read
37 as follows:
38 ARTICLE 163
39 MENTAL HEALTH PRACTITIONERS
40 Section 8400. Introduction.
41 8401. Definitions.
42 8402. Mental health counseling.
43 8403. Marriage and family therapy.
44 8404. Creative arts therapy.
45 8405. Psychoanalysis.
46 8406. State board for mental health practitioners.
47 8407. Boundaries of professional competency.
48 8408. Hospital privileges.
49 8409. Limited permits.
50 8410. Exemptions.
51 8411. Special provisions.
52 § 8400. Introduction. This article applies to the professions of
53 mental health counseling, marriage and family therapy, creative arts
54 therapy, and psychoanalysis and provides for the licensing of such prac-
55 titioners. The general provisions for all professions contained in arti-
56 cle one hundred thirty of this title apply to this article.
S. 7727 4 A. 11769
1 § 8401. Definitions. For purposes of this article, the following terms
2 shall have the following meanings:
3 1. "Board" means the state board for mental health practitioners
4 authorized by section eighty-four hundred six of this article.
5 2. "Psychotherapy" means the treatment of mental, nervous, emotional,
6 behavioral and addictive disorders, and ailments by the use of both
7 verbal and behavioral methods of intervention in interpersonal relation-
8 ships with the intent of assisting the persons to modify attitudes,
9 thinking, affect, and behavior which are intellectually, socially and
10 emotionally maladaptive.
11 § 8402. Mental health counseling. 1. Definition of the practice of
12 mental health counseling. The practice of the profession of mental
13 health counseling is defined as:
14 (a) the evaluation, assessment, amelioration, treatment, modification,
15 or adjustment to a disability, problem, or disorder of behavior, charac-
16 ter, development, emotion, personality or relationships by the use of
17 verbal or behavioral methods with individuals, couples, families or
18 groups in private practice, group, or organized settings; and
19 (b) the use of assessment instruments and mental health counseling and
20 psychotherapy to identify, evaluate and treat dysfunctions and disorders
21 for purposes of providing appropriate mental health counseling services.
22 2. Practice of mental health counseling and use of the titles "mental
23 health counselor" and "licensed mental health counselor". Only a person
24 licensed or exempt under this article shall practice mental health coun-
25 seling or use the title "mental health counselor". Only a person
26 licensed under this article shall use the title "licensed mental health
27 counselor" or any other designation tending to imply that the person is
28 licensed to practice mental health counseling.
29 3. Requirements for a professional license. To qualify for a license
30 as a "licensed mental health counselor", an applicant shall fulfill the
31 following requirements:
32 (a) Application: File an application with the department;
33 (b) Education: Have received an education, including a master's or
34 higher degree in counseling from a program registered by the department
35 or determined by the department to be the substantial equivalent there-
36 of, in accordance with the commissioner's regulations. The graduate
37 coursework shall include, but not be limited to, the following areas:
38 (i) human growth and development;
39 (ii) social and cultural foundations of counseling;
40 (iii) counseling theory and practice and psychopathology;
41 (iv) group dynamics;
42 (v) lifestyle and career development;
43 (vi) assessment and appraisal of individuals, couples and families and
44 groups;
45 (vii) research and program evaluation;
46 (viii) professional orientation and ethics;
47 (ix) foundations of mental health counseling and consultation;
48 (x) clinical instruction; and
49 (xi) completion of a minimum one year supervised internship or practi-
50 cum in mental health counseling;
51 (c) Experience: An applicant shall complete a minimum of three thou-
52 sand hours of post-master's supervised experience relevant to the prac-
53 tice of mental health counseling satisfactory to the board and in
54 accordance with the commissioner's regulations;
55 (d) Examination: Pass an examination satisfactory to the board and in
56 accordance with the commissioner's regulations;
S. 7727 5 A. 11769
1 (e) Age: Be at least twenty-one years of age;
2 (f) Character: Be of good moral character as determined by the depart-
3 ment; and
4 (g) Fees: Pay a fee of two hundred forty dollars to the department for
5 admission to a department conducted examination and for an initial
6 license; a fee of eighty-five dollars for each reexamination; a fee of
7 one hundred seventy-five dollars for an initial license for persons not
8 requiring admission to a department conducted examination and a fee of
9 one hundred seventy dollars for each triennial registration period.
10 § 8403. Marriage and family therapy. 1. Definition of the practice of
11 marriage and family therapy. The practice of the profession of marriage
12 and family therapy is defined as:
13 (a) the assessment and treatment of nervous and mental disorders,
14 whether affective, cognitive or behavioral, which results in dysfunc-
15 tional interpersonal family relationships including, but not limited to
16 familial relationships, marital/couple relationships, parent-child
17 relationships, pre-marital and other personal relationships;
18 (b) the use of mental health counseling, psychotherapy and therapeutic
19 techniques to evaluate and treat marital, relational, and family
20 systems, and individuals in relationship to these systems;
21 (c) the use of mental health counseling and psychotherapeutic tech-
22 niques to treat mental, emotional and behavioral disorders and ailments
23 within the context of marital, relational and family systems to prevent
24 and ameliorate dysfunction; and
25 (d) the use of assessment instruments and mental health counseling and
26 psychotherapy to identify and evaluate dysfunctions and disorders for
27 purposes of providing appropriate marriage and family therapy services.
28 2. Practice of marriage and family therapy and use of the titles
29 "marriage and family therapist" and "licensed marriage and family thera-
30 pist". Only a person licensed or exempt under this article shall prac-
31 tice marriage and family therapy or use the title "marriage and family
32 therapist". Only a person licensed under this article shall use the
33 titles "licensed marriage and family therapist", "licensed marriage
34 therapist", "licensed family therapist" or any other designation tending
35 to imply that the person is licensed to practice marriage and family
36 therapy.
37 3. Requirements for a professional license. To qualify for a license
38 as a "licensed marriage and family therapist", an applicant shall
39 fulfill the following requirements:
40 (a) Application: File an application with the department;
41 (b) Education: Have received a master's or doctoral degree in marriage
42 and family therapy from a program registered by the department, or
43 determined by the department to be the substantial equivalent, in
44 accordance with the commissioner's regulations or a graduate degree in
45 an allied field from a program registered by the department and graduate
46 level coursework determined to be equivalent to that required in a
47 program registered by the department. This coursework shall include, but
48 not be limited to:
49 (i) the study of human development, including individual, child and
50 family development;
51 (ii) psychopathology;
52 (iii) marital and family therapy;
53 (iv) family law;
54 (v) research;
55 (vi) professional ethics; and
56 (vii) a practicum of at least three hundred client contact hours;
S. 7727 6 A. 11769
1 (c) Experience: The completion of at least one thousand five hundred
2 client contact hours of supervised clinical experience, by persons hold-
3 ing a degree from a master's or doctoral program, or the substantial
4 equivalent, in accordance with the commissioner's regulations or the
5 completion of at least one thousand five hundred client hours of super-
6 vised post-master's clinical experience in marriage and family therapy
7 satisfactory to the department in accordance with the commissioner's
8 regulations;
9 (d) Examination: Pass an examination satisfactory to the board and in
10 accordance with the commissioner's regulations;
11 (e) Age: Be at least twenty-one years of age;
12 (f) Character: Be of good moral character as determined by the depart-
13 ment; and
14 (g) Fees: Pay a fee of two hundred forty dollars to the department for
15 admission to a department conducted examination and for an initial
16 license; a fee of eighty-five dollars for each reexamination; a fee of
17 one hundred seventy-five dollars for an initial license for persons not
18 requiring admission to a department conducted examination and a fee of
19 one hundred seventy dollars for each triennial registration period.
20 § 8404. Creative arts therapy. 1. Definition of the practice of crea-
21 tive arts therapy. The practice of the profession of creative arts ther-
22 apy is defined as:
23 (a) the assessment, evaluation, and the therapeutic intervention and
24 treatment, which may be either primary, parallel or adjunctive, of
25 mental, emotional, developmental and behavioral disorders through the
26 use of the arts as approved by the department; and
27 (b) the use of assessment instruments and mental health counseling and
28 psychotherapy to identify, evaluate and treat dysfunctions and disorders
29 for purposes of providing appropriate creative arts therapy services.
30 2. Practice of creative arts therapy and use of the titles "creative
31 arts therapist" and "licensed creative arts therapist". Only a person
32 licensed or exempt under this article shall practice creative arts ther-
33 apy or use the title "creative arts therapist". Only a person licensed
34 under this article shall use the title "licensed creative arts thera-
35 pist" or any other designation tending to imply that the person is
36 licensed to practice creative arts therapy.
37 3. Requirements for a professional license. To qualify for a license
38 as a "licensed creative arts therapist", an applicant shall fulfill the
39 following requirements:
40 (a) Application: File an application with the department;
41 (b) Education: Have received an education, including a master's or
42 higher degree in creative arts therapy from a program registered by the
43 department or determined by the department to be the substantial equiv-
44 alent thereof, in accordance with the commissioner's regulations. The
45 graduate coursework shall include, but not be limited to, the following
46 areas:
47 (i) human growth and development;
48 (ii) theories in therapy;
49 (iii) group dynamics;
50 (iv) assessment and appraisal of individuals and groups;
51 (v) research and program evaluation;
52 (vi) professional orientation and ethics;
53 (vii) foundations of creative arts therapy and psychopathology; and
54 (viii) clinical instruction;
55 (c) Experience: Have completed at least fifteen hundred hours of post-
56 master's supervised experience in one or more creative arts therapies
S. 7727 7 A. 11769
1 satisfactory to the department and in accordance with the commissioner's
2 regulations;
3 (d) Examination: Pass an examination in creative arts therapy satis-
4 factory to the department and in accordance with the commissioner's
5 regulations;
6 (e) Age: Be at least twenty-one years of age;
7 (f) Character: Be of good moral character as determined by the depart-
8 ment; and
9 (g) Fees: Pay a fee of two hundred forty dollars to the department for
10 admission to a department conducted examination and for an initial
11 license; a fee of eighty-five dollars for each reexamination; a fee of
12 one hundred seventy-five dollars for an initial license for persons not
13 requiring admission to a department conducted examination and a fee of
14 one hundred seventy dollars for each triennial registration period.
15 § 8405. Psychoanalysis. 1. Definition of the practice of psychoanal-
16 ysis. The practice of the profession of psychoanalysis is defined as:
17 (a) the observation, description, evaluation, and interpretation of
18 dynamic unconscious mental processes that contribute to the formation of
19 personality and behavior in order to identify and resolve unconscious
20 psychic problems which affect interpersonal relationships and emotional
21 development, to facilitate changes in personality and behavior through
22 the use of verbal and nonverbal cognitive and emotional communication,
23 and to develop adaptive functioning; and
24 (b) the use of assessment instruments and mental health counseling and
25 psychotherapy to identify, evaluate and treat dysfunctions and disorders
26 for purposes of providing appropriate psychoanalytic services.
27 2. Practice of psychoanalysis and use of the titles "psychoanalyst"
28 and "licensed psychoanalyst". Only a person licensed or exempt under
29 this article shall practice psychoanalysis or use the title "psychoana-
30 lyst". Only a person licensed under this article shall use the title
31 "licensed psychoanalyst" or any other designation tending to imply that
32 the person is licensed to practice psychoanalysis.
33 3. Requirements for a professional license. To qualify for a license
34 as a "licensed psychoanalyst", an applicant shall fulfill the following
35 requirements:
36 (a) Application: File an application with the department;
37 (b) Education: Have received a master's degree or higher from a
38 degree-granting program registered by the department or the substantial
39 equivalent and have completed a program of study registered by the
40 department in a psychoanalytic institute chartered by the board of
41 regents or the substantial equivalent as determined by the department.
42 The program of study in a psychoanalytic institute shall include course-
43 work substantially equivalent to coursework required for a master's
44 degree in a health or mental health field of study. The coursework shall
45 include, but not be limited to, the following areas:
46 (i) personality development;
47 (ii) psychoanalytic theory of psychopathology;
48 (iii) psychoanalytic theory of psychodiagnosis;
49 (iv) sociocultural influence on growth and psychopathology;
50 (v) practice technique (including dreams and symbolic processes);
51 (vi) analysis of resistance, transference, and countertransference;
52 (vii) case seminars on clinical practice;
53 (viii) practice in psychopathology and psychodiagnosis;
54 (ix) professional ethics and psychoanalytic research methodology; and
55 (x) a minimum of three hundred hours of personal analysis and one
56 hundred fifty hours of supervised analysis;
S. 7727 8 A. 11769
1 (c) Experience: Have completed a minimum of fifteen hundred hours of
2 supervised clinical practice satisfactory to the department and in
3 accordance with the commissioner's regulations;
4 (d) Examination: Pass an examination in psychoanalysis satisfactory to
5 the department and in accordance with the commissioner's regulations;
6 (e) Age: Be at least twenty-one years of age;
7 (f) Character: Be of good moral character as determined by the depart-
8 ment; and
9 (g) Fees: Pay a fee of two hundred forty dollars to the department for
10 admission to a department conducted examination and for an initial
11 license; a fee of eighty-five dollars for each reexamination; a fee of
12 one hundred seventy-five dollars for an initial license for persons not
13 requiring admission to a department conducted examination and a fee of
14 one hundred seventy dollars for each triennial registration period.
15 § 8406. State board for mental health practitioners. A state board for
16 mental health practitioners shall be appointed by the board of regents
17 on the recommendation of the commissioner for the purpose of assisting
18 the board of regents and the department on matters of licensing and
19 regulation. The board shall be composed of at least three licensed
20 members from each profession licensed pursuant to this article and at
21 least three public representatives who do not hold interests in the
22 organization, financing, or delivery of mental health services. Addi-
23 tionally, the board shall contain one physician who shall be a psychia-
24 trist. Members of the first board need not be licensed prior to their
25 appointment to the board. The terms of the first appointed members
26 shall be staggered so that five are appointed for three years, five are
27 appointed for four years, and six are appointed for five years. An
28 executive secretary to the board shall be appointed by the board of
29 regents on recommendation of the commissioner.
30 § 8407. Boundaries of professional competency. 1. It shall be deemed
31 practicing outside the boundaries of his or her professional competence
32 for a person licensed pursuant to this article, in the case of treatment
33 of any serious mental illness, to provide any mental health service for
34 such illness on a continuous and sustained basis without a medical eval-
35 uation of the illness by, and consultation with, a physician regarding
36 such illness. Such medical evaluation and consultation shall be to
37 determine and advise whether any medical care is indicated for such
38 illness. For purposes of this section, "serious mental illness" means
39 schizophrenia, schizoaffective disorder, bipolar disorder, major depres-
40 sive disorder, panic disorder, obsessive-compulsive disorder, atten-
41 tion-deficit hyperactivity disorder and autism.
42 2. Any individual whose license or authority to practice derives from
43 the provisions of this article shall be prohibited from:
44 (a) prescribing or administering drugs as defined in this chapter as a
45 treatment, therapy, or professional service in the practice of his or
46 her profession; or
47 (b) using invasive procedures as a treatment, therapy, or professional
48 service in the practice of his or her profession. For purposes of this
49 subdivision, "invasive procedure" means any procedure in which human
50 tissue is cut, altered, or otherwise infiltrated by mechanical or other
51 means. Invasive procedure includes surgery, lasers, ionizing radiation,
52 therapeutic ultrasound, or electroconvulsive therapy.
53 § 8408. Hospital privileges. Nothing herein contained shall be deemed
54 to authorize, grant, or extend hospital privileges to individuals
55 licensed under this article.
S. 7727 9 A. 11769
1 § 8409. Limited permits. The following requirements for a limited
2 permit shall apply to all professions licensed pursuant to this article:
3 1. The department may issue a limited permit to an applicant whose
4 qualifications have been approved for admission to the examination in
5 accordance with regulations promulgated therefor.
6 2. Limited permits shall be for one year and be renewed, at the
7 discretion of the department, for one additional year.
8 3. The fee for each limited permit and for each renewal shall be
9 seventy dollars.
10 § 8410. Exemptions. Nothing contained in this article shall be
11 construed to:
12 1. Apply to the practice, conduct, activities, services or use of any
13 title by any person licensed or otherwise authorized to practice medi-
14 cine within the state pursuant to article one hundred thirty-one of this
15 title or by any person registered to perform services as a physician
16 assistant within the state pursuant to article one hundred thirty-one-B
17 of this title or by any person licensed or otherwise authorized to prac-
18 tice psychology within this state pursuant to article one hundred
19 fifty-three of this title or by any person licensed or otherwise author-
20 ized to practice as a certified social worker within this state pursuant
21 to article one hundred fifty-four of this title, or by any person
22 licensed or otherwise authorized to practice nursing as a registered
23 professional nurse within this state pursuant to article one hundred
24 thirty-nine of this title; provided, however, that no physician, physi-
25 cian's assistant, registered professional nurse, psychologist, or certi-
26 fied social worker may use the titles "licensed mental health counse-
27 lor", "licensed marriage and family therapist", "licensed creative arts
28 therapist", or "licensed psychoanalyst", unless licensed under this
29 article.
30 2. Prohibit or limit any individual who is credentialed under any law,
31 including attorneys, rape crisis counselors, certified alcoholism coun-
32 selors and certified substance abuse counselors from providing mental
33 health services within their respective established authorities.
34 3. Prohibit or limit the practice of a profession licensed pursuant to
35 this article by a student, intern or resident in, and as part of, a
36 supervised educational program in an institution approved by the depart-
37 ment.
38 4. Prohibit or limit the provision of pastoral counseling services by
39 any member of the clergy or Christian Science practitioner, within the
40 context of his or her ministerial charge or obligation.
41 5. Prohibit or limit individuals, churches, schools, teachers, organ-
42 izations, or not-for-profit businesses, from providing instruction,
43 advice, support, encouragement, or information to individuals, families,
44 and relational groups.
45 6. Prohibit or limit an occupational therapist from performing work
46 consistent with article one hundred fifty-six of this title.
47 § 8411. Special provisions. 1. This section shall apply to all
48 professions licensed pursuant to this article, unless otherwise
49 provided.
50 2. Any nonexempt person practicing a profession to be licensed pursu-
51 ant to this article shall apply for a license of said profession within
52 one year of the effective date of the specified profession.
53 (a) If such person does not meet the requirements for a license estab-
54 lished within this article, such person may meet alternative criteria
55 determined by the department to be the substantial equivalent of such
56 criteria.
S. 7727 10 A. 11769
1 (b) If such person meets the requirements for a license established
2 within this article, except for examination, and has been certified or
3 registered by a national certifying or registering body having certif-
4 ication or registration standards acceptable to the commissioner, the
5 department shall license without examination.
6 (c) If such person meets the requirements for a license established
7 within this article, except for examination, and there exists no
8 national certifying or registering body having certification or regis-
9 tration standards acceptable to the commissioner, the department shall
10 license without examination if the applicant submits evidence satisfac-
11 tory to the department of having been engaged in the practice of the
12 specified profession for at least five of the immediately preceding
13 eight years.
14 3. Any person licensed pursuant to this article may use accepted clas-
15 sifications of signs, symptoms, dysfunctions and disorders, as approved
16 in accordance with regulations promulgated by the department, in the
17 practice of such licensed profession.
18 § 9. Paragraph a of subdivision 3 of section 6507 of the education
19 law, as amended by chapter 194 of the laws of 1989, is amended to read
20 as follows:
21 a. Establish standards for preprofessional and professional education,
22 experience and licensing examinations as required to implement the arti-
23 cle for each profession. Notwithstanding any other provision of law, the
24 commissioner shall establish standards requiring that all persons apply-
25 ing, on or after January first, nineteen hundred ninety-one, initially,
26 or for the renewal of, a license, registration or limited permit to be a
27 physician, chiropractor, dentist, registered nurse, podiatrist, optome-
28 trist, psychiatrist, psychologist, licensed creative arts therapist,
29 licensed marriage and family therapist, licensed mental health counse-
30 lor, licensed psychoanalyst, or dental hygienist shall, in addition to
31 all the other licensure, certification or permit requirements, have
32 completed two hours of coursework or training regarding the identifica-
33 tion and reporting of child abuse and maltreatment. The coursework or
34 training shall be obtained from an institution or provider which has
35 been approved by the department to provide such coursework or training.
36 The coursework or training shall include information regarding the phys-
37 ical and behavioral indicators of child abuse and maltreatment and the
38 statutory reporting requirements set out in sections four hundred thir-
39 teen through four hundred twenty of the social services law, including
40 but not limited to, when and how a report must be made, what other
41 actions the reporter is mandated or authorized to take, the legal
42 protections afforded reporters, and the consequences for failing to
43 report. Each applicant shall provide the department with documentation
44 showing that he or she has completed the required training. The depart-
45 ment shall provide an exemption from the child abuse and maltreatment
46 training requirements to any applicant who requests such an exemption
47 and who shows, to the department's satisfaction, that there would be no
48 need because of the nature of his or her practice for him or her to
49 complete such training;
50 § 10. Section 6909 of the education law is amended by adding a new
51 subdivision 6 to read as follows:
52 6. A registered professional nurse defined under subdivision one of
53 section sixty-nine hundred two of this article may use accepted classi-
54 fications of signs, symptoms, dysfunctions and disorders, including, but
55 not limited to, classifications used in the practice setting for the
56 purpose of providing mental health services.
S. 7727 11 A. 11769
1 § 11. Subdivision 1 of section 413 of the social services law, as
2 amended by chapter 432 of the laws of 2001, is amended to read as
3 follows:
4 1. The following persons and officials are required to report or cause
5 a report to be made in accordance with this title when they have reason-
6 able cause to suspect that a child coming before them in their profes-
7 sional or official capacity is an abused or maltreated child, or when
8 they have reasonable cause to suspect that a child is an abused or
9 maltreated child where the parent, guardian, custodian or other person
10 legally responsible for such child comes before them in their profes-
11 sional or official capacity and states from personal knowledge facts,
12 conditions or circumstances which, if correct, would render the child an
13 abused or maltreated child: any physician; registered physician assist-
14 ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
15 osteopath; optometrist; chiropractor; podiatrist; resident; intern;
16 psychologist; registered nurse; emergency medical technician; licensed
17 creative arts therapist; licensed marriage and family therapist;
18 licensed mental health counselor; licensed psychoanalyst; hospital
19 personnel engaged in the admission, examination, care or treatment of
20 persons; a Christian Science practitioner; school official; social
21 services worker; day care center worker; provider of family or group
22 family day care; employee or volunteer in a residential care facility
23 defined in subdivision seven of section four hundred twelve of this
24 [chapter] title or any other child care or foster care worker; mental
25 health professional; substance abuse counselor; alcoholism counselor;
26 peace officer; police officer; district attorney or assistant district
27 attorney; investigator employed in the office of a district attorney; or
28 other law enforcement official. Whenever such person is required to
29 report under this title in his or her capacity as a member of the staff
30 of a medical or other public or private institution, school, facility or
31 agency, he or she shall immediately notify the person in charge of such
32 institution, school, facility or agency, or his or her designated agent,
33 who then also shall become responsible to report or cause reports to be
34 made. However, nothing in this section or title is intended to require
35 more than one report from any such institution, school or agency. At the
36 time of the making of a report, or at any time thereafter, such person
37 or official may exercise the right to request, pursuant to paragraph (A)
38 of subdivision four of section four hundred twenty-two of this [article]
39 title, the findings of an investigation made pursuant to this title or
40 section 45.07 of the mental hygiene law.
41 § 12. Section 1503 of the business corporation law is amended by
42 adding a new paragraph (g) to read as follows:
43 (g) The practices of creative arts therapy, marriage and family thera-
44 py, mental health counseling, and psychoanalysis shall not be deemed the
45 same professional service for the purpose of paragraph (a) of this
46 section, notwithstanding that such practices are all licensed under
47 article one hundred sixty-three of the education law.
48 § 13. Subdivision (a) of section 1203 of the limited liability company
49 law, as amended by chapter 643 of the laws of 1995, is amended to read
50 as follows:
51 (a) Notwithstanding the education law or any other provision of law,
52 one or more professionals each of whom is authorized by law to render a
53 professional service within the state, or one or more professionals, at
54 least one of whom is authorized by law to render a professional service
55 within the state, may form, or cause to be formed, a professional
56 service limited liability company for pecuniary profit under this arti-
S. 7727 12 A. 11769
1 cle for the purpose of rendering the professional service or services as
2 such professionals are authorized to practice. With respect to a profes-
3 sional service limited liability company formed to provide medical
4 services as such services are defined in article 131 of the education
5 law, each member of such limited liability company must be licensed
6 pursuant to article 131 of the education law to practice medicine in
7 this state. With respect to a professional service limited liability
8 company formed to provide dental services as such services are defined
9 in article 133 of the education law, each member of such limited liabil-
10 ity company must be licensed pursuant to article 133 of the education
11 law to practice dentistry in this state. With respect to a professional
12 service limited liability company formed to provide veterinary services
13 as such services are defined in article 135 of the education law, each
14 member of such limited liability company shall be licensed pursuant to
15 article 135 of the education law to practice veterinary medicine. With
16 respect to a professional service limited liability company formed to
17 provide professional engineering, land surveying, architectural and/or
18 landscape architectural services as such services are defined in article
19 145, article 147 and article 148 of the education law, each member of
20 such limited liability company must be licensed pursuant to article 145,
21 article 147 and/or article 148 of the education law to practice one or
22 more of such professions in this state. With respect to a professional
23 service limited liability company formed to provide creative arts thera-
24 py services as such services are defined in article 163 of the education
25 law, each member of such limited liability company must be licensed
26 pursuant to article 163 of the education law to practice creative arts
27 therapy in this state. With respect to a professional service limited
28 liability company formed to provide marriage and family therapy services
29 as such services are defined in article 163 of the education law, each
30 member of such limited liability company must be licensed pursuant to
31 article 163 of the education law to practice marriage and family therapy
32 in this state. With respect to a professional service limited liability
33 company formed to provide mental health counseling services as such
34 services are defined in article 163 of the education law, each member of
35 such limited liability company must be licensed pursuant to article 163
36 of the education law to practice mental health counseling in this state.
37 With respect to a professional service limited liability company formed
38 to provide psychoanalysis services as such services are defined in arti-
39 cle 163 of the education law, each member of such limited liability
40 company must be licensed pursuant to article 163 of the education law to
41 practice psychoanalysis in this state. In addition to engaging in such
42 profession or professions, a professional service limited liability
43 company may engage in any other business or activities as to which a
44 limited liability company may be formed under section two hundred one of
45 this chapter. Notwithstanding any other provision of this section, a
46 professional service limited liability company (i) authorized to prac-
47 tice law may only engage in another profession or business or activities
48 or (ii) which is engaged in a profession or other business or activities
49 other than law may only engage in the practice of law, to the extent not
50 prohibited by any other law of this state or any rule adopted by the
51 appropriate appellate division of the supreme court or the court of
52 appeals.
53 § 14. Subdivision (b) of section 1207 of the limited liability company
54 law, as amended by chapter 170 of the laws of 1996, is amended to read
55 as follows:
S. 7727 13 A. 11769
1 (b) With respect to a professional service limited liability company
2 formed to provide medical services as such services are defined in arti-
3 cle 131 of the education law, each member of such limited liability
4 company must be licensed pursuant to article 131 of the education law to
5 practice medicine in this state. With respect to a professional service
6 limited liability company formed to provide dental services as such
7 services are defined in article 133 of the education law, each member of
8 such limited liability company must be licensed pursuant to article 133
9 of the education law to practice dentistry in this state. With respect
10 to a professional service limited liability company formed to provide
11 veterinary services as such services are defined in article 135 of the
12 education law, each member of such limited liability company must be
13 licensed pursuant to article 135 of the education law to practice veter-
14 inary medicine in this state. With respect to a professional service
15 limited liability company formed to provide professional engineering,
16 land surveying, architectural and/or landscape architectural services as
17 such services are defined in article 145, article 147 and article 148 of
18 the education law, each member of such limited liability company must be
19 licensed pursuant to article 145, article 147 and/or article 148 of the
20 education law to practice one or more of such professions in this state.
21 With respect to a professional service limited liability company formed
22 to provide creative arts therapy services as such services are defined
23 in article 163 of the education law, each member of such limited liabil-
24 ity company must be licensed pursuant to article 163 of the education
25 law to practice creative arts therapy in this state. With respect to a
26 professional service limited liability company formed to provide
27 marriage and family therapy services as such services are defined in
28 article 163 of the education law, each member of such limited liability
29 company must be licensed pursuant to article 163 of the education law to
30 practice marriage and family therapy in this state. With respect to a
31 professional service limited liability company formed to provide mental
32 health counseling services as such services are defined in article 163
33 of the education law, each member of such limited liability company must
34 be licensed pursuant to article 163 of the education law to practice
35 mental health counseling in this state. With respect to a professional
36 service limited liability company formed to provide psychoanalysis
37 services as such services are defined in article 163 of the education
38 law, each member of such limited liability company must be licensed
39 pursuant to article 163 of the education law to practice psychoanalysis
40 in this state.
41 § 15. Subdivision (a) of section 1301 of the limited liability company
42 law, as amended by chapter 643 of the laws of 1995, is amended to read
43 as follows:
44 (a) "Foreign professional service limited liability company" means a
45 professional service limited liability company, whether or not denomi-
46 nated as such, organized under the laws of a jurisdiction other than
47 this state, (i) each of whose members and managers, if any, is a profes-
48 sional authorized by law to render a professional service within this
49 state and who is or has been engaged in the practice of such profession
50 in such professional service limited liability company or a predecessor
51 entity, or will engage in the practice of such profession in the profes-
52 sional service limited liability company within thirty days of the date
53 such professional becomes a member, or each of whose members and manag-
54 ers, if any, is a professional at least one of such members is author-
55 ized by law to render a professional service within this state and who
56 is or has been engaged in the practice of such profession in such
S. 7727 14 A. 11769
1 professional service limited liability company or a predecessor entity,
2 or will engage in the practice of such profession in the professional
3 service limited liability company within thirty days of the date such
4 professional becomes a member, or (ii) authorized by, or holding a
5 license, certificate, registration or permit issued by the licensing
6 authority pursuant to, the education law to render a professional
7 service within this state; except that all members and managers, if any,
8 of a foreign professional service limited liability company that
9 provides health services in this state shall be licensed in this state.
10 With respect to a foreign professional service limited liability company
11 which provides veterinary services as such services are defined in arti-
12 cle 135 of the education law, each member of such foreign professional
13 service limited liability company shall be licensed pursuant to article
14 135 of the education law to practice veterinary medicine. With respect
15 to a foreign professional service limited liability company which
16 provides medical services as such services are defined in article 131 of
17 the education law, each member of such foreign professional service
18 limited liability company must be licensed pursuant to article 131 of
19 the education law to practice medicine in this state. With respect to a
20 foreign professional service limited liability company which provides
21 dental services as such services are defined in article 133 of the
22 education law, each member of such foreign professional service limited
23 liability company must be licensed pursuant to article 133 of the educa-
24 tion law to practice dentistry in this state. With respect to a foreign
25 professional service limited liability company which provides profes-
26 sional engineering, land surveying, architectural and/or landscape
27 architectural services as such services are defined in article 145,
28 article 147 and article 148 of the education law, each member of such
29 foreign professional service limited liability company must be licensed
30 pursuant to article 145, article 147 and/or article 148 of the education
31 law to practice one or more of such professions in this state. With
32 respect to a foreign professional service limited liability company
33 which provides creative arts therapy services as such services are
34 defined in article 163 of the education law, each member of such foreign
35 professional service limited liability company must be licensed pursuant
36 to article 163 of the education law to practice creative arts therapy in
37 this state. With respect to a foreign professional service limited
38 liability company which provides marriage and family therapy services as
39 such services are defined in article 163 of the education law, each
40 member of such foreign professional service limited liability company
41 must be licensed pursuant to article 163 of the education law to prac-
42 tice marriage and family therapy in this state. With respect to a
43 foreign professional service limited liability company which provides
44 mental health counseling services as such services are defined in arti-
45 cle 163 of the education law, each member of such foreign professional
46 service limited liability company must be licensed pursuant to article
47 163 of the education law to practice mental health counseling in this
48 state. With respect to a foreign professional service limited liability
49 company which provides psychoanalysis services as such services are
50 defined in article 163 of the education law, each member of such foreign
51 professional service limited liability company must be licensed pursuant
52 to article 163 of the education law to practice psychoanalysis in this
53 state.
54 § 16. Subdivision (q) of section 121-1500 of the partnership law, as
55 amended by chapter 643 of the laws of 1995, is amended to read as
56 follows:
S. 7727 15 A. 11769
1 (q) Each partner of a registered limited liability partnership formed
2 to provide medical services in this state must be licensed pursuant to
3 article 131 of the education law to practice medicine in this state and
4 each partner of a registered limited liability partnership formed to
5 provide dental services in this state must be licensed pursuant to arti-
6 cle 133 of the education law to practice dentistry in this state. Each
7 partner of a registered limited liability partnership formed to provide
8 veterinary services in this state shall be licensed pursuant to article
9 135 of the education law to practice veterinary medicine in this state.
10 Each partner of a registered limited liability partnership formed to
11 provide professional engineering, land surveying, architectural and/or
12 landscape architectural services in this state must be licensed pursuant
13 to article 145, article 147 and/or article 148 of the education law to
14 practice one or more of such professions in this state. Each partner of
15 a registered limited liability partnership formed to provide creative
16 arts therapy services in this state must be licensed pursuant to article
17 163 of the education law to practice creative arts therapy in this
18 state. Each partner of a registered limited liability partnership formed
19 to provide marriage and family therapy services in this state must be
20 licensed pursuant to article 163 of the education law to practice
21 marriage and family therapy in this state. Each partner of a registered
22 limited liability partnership formed to provide mental health counseling
23 services in this state must be licensed pursuant to article 163 of the
24 education law to practice mental health counseling in this state. Each
25 partner of a registered limited liability partnership formed to provide
26 psychoanalysis services in this state must be licensed pursuant to arti-
27 cle 163 of the education law to practice psychoanalysis in this state.
28 § 17. Subdivision (q) of section 121-1502 of the partnership law, as
29 amended by chapter 643 of the laws of 1995, is amended to read as
30 follows:
31 (q) Each partner of a foreign limited liability partnership which
32 provides medical services in this state must be licensed pursuant to
33 article 131 of the education law to practice medicine in the state and
34 each partner of a foreign limited liability partnership which provides
35 dental services in the state must be licensed pursuant to article 133 of
36 the education law to practice dentistry in this state. Each partner of a
37 foreign limited liability partnership which provides veterinary service
38 in the state shall be licensed pursuant to article 135 of the education
39 law to practice veterinary medicine in this state. Each partner of a
40 foreign limited liability partnership which provides professional engi-
41 neering, land surveying, architectural and/or landscape architectural
42 services in this state must be licensed pursuant to article 145, article
43 147 and/or article 148 of the education law to practice one or more of
44 such professions. Each partner of a foreign limited liability partner-
45 ship which provides creative arts therapy services in this state must be
46 licensed pursuant to article 163 of the education law to practice crea-
47 tive arts therapy in this state. Each partner of a foreign limited
48 liability partnership which provides marriage and family therapy
49 services in this state must be licensed pursuant to article 163 of the
50 education law to practice marriage and family therapy in this state.
51 Each partner of a foreign limited liability partnership which provides
52 mental health counseling services in this state must be licensed pursu-
53 ant to article 163 of the education law to practice mental health coun-
54 seling in this state. Each partner of a foreign limited liability part-
55 nership which provides psychoanalysis services in this state must be
S. 7727 16 A. 11769
1 licensed pursuant to article 163 of the education law to practice
2 psychoanalysis in this state.
3 § 17-a. Nothing in this act shall prohibit or limit the activities or
4 services on the part of any person in the employ of a program or service
5 operated, regulated, funded, or approved by the department of mental
6 hygiene or a local government unit as that term is defined in article 41
7 of the mental hygiene law, provided, however, this section shall not
8 authorize the use of any title authorized pursuant to article 153 or 163
9 of the education law, except that this section shall be deemed repealed
10 on January 1, 2010.
11 § 18. Severability. If any clause, sentence, paragraph, section or
12 part of this act shall be adjudged by any court of competent jurisdic-
13 tion to be invalid, the judgment shall not affect, impair, or invalidate
14 the remainder thereof, but shall be confined in its operation to the
15 clause, sentence, paragraph, section or part thereof directly involved
16 in the controversy in which the judgment shall have been rendered.
17 § 19. This act shall take effect immediately; provided that:
18 1. Sections one through six of this act shall take effect September 1,
19 2003; provided, however, that the commissioner of education and the
20 board of regents are authorized to promulgate such rules and regulations
21 as may be necessary for the timely implementation of sections one
22 through six of this act; and
23 2. Sections seven through eighteen of this act shall take effect Janu-
24 ary 1, 2005; provided that the department of education is authorized to
25 promulgate any and all rules and regulations and take any other measures
26 necessary to implement sections seven through eighteen of this act on or
27 before their effective date, including but not limited to the appoint-
28 ment of the state board for mental health practitioners, the acceptance
29 and processing of applications for licensure, and the issuance of
30 licenses; provided further that the provisions of article 163 of the
31 education law requiring a license or limited permit to practice under
32 such article shall not be enforced until January 1, 2006.
