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S03278 Summary:

BILL NOS03278A
 
SAME ASSAME AS A01745-A
 
SPONSORBROUK
 
COSPNSRADDABBO, BAILEY, CLEARE, FAHY, HARCKHAM, HELMING, HOYLMAN-SIGAL, JACKSON, MATTERA, MAY, MURRAY, ORTT, PALUMBO, RHOADS, ROLISON, SCARCELLA-SPANTON, SKOUFIS
 
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; establishes mandatory continuing education requirements.
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S03278 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3278--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 24, 2025
                                       ___________
 
        Introduced  by  Sens.  BROUK,  ADDABBO,  BAILEY, CLEARE, FAHY, HARCKHAM,
          HELMING, JACKSON, MATTERA, MAY, MURRAY, ORTT, PALUMBO,  RHOADS,  ROLI-
          SON, SCARCELLA-SPANTON, SKOUFIS -- read twice and ordered printed, and
          when  printed  to be committed to the Committee on Higher Education --
          recommitted to the Committee on Higher Education  in  accordance  with
          Senate  Rule  6, sec. 8 -- 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-
    19  tions,  school  climate,  and  home/school/community  collaboration. The
    20  legislature therefore declares that by addressing the needs of  children
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04187-03-6

        S. 3278--A                          2
 
     1  through  prevention  services,  assessments  and/or  counseling,  school
     2  psychology professionals can contribute to their future success.  It  is
     3  important  that  school  psychology  professionals  are held to specific
     4  standards and requirements that will ensure competent services.
     5    §  2.  The  education  law is amended by adding a new article 153-A to
     6  read as follows:
     7                                ARTICLE 153-A
     8                   LICENSED SCHOOL PSYCHOLOGY PRACTITIONER
     9  Section 7620. Introduction.
    10          7621. Practice of licensed school  psychology  practitioner  and
    11                  use of the title "licensed school psychology practition-
    12                  er".
    13          7622. Definition of the practice of a licensed school psychology
    14                  practitioner.
    15          7623. Requirements for a professional license.
    16          7624. Boundaries of professional competency.
    17          7625. Limited permits.
    18          7626. Exemptions.
    19          7627. Special provisions.
    20          7628. Mandatory continuing education.
    21    § 7620. Introduction. This article applies to the profession and prac-
    22  tice  of a licensed school psychology practitioner and to the use of the
    23  title "licensed school psychology practitioner".  The general provisions
    24  for all professions contained in article  one  hundred  thirty  of  this
    25  title apply to this article.
    26    § 7621. Practice of licensed school psychology practitioner and use of
    27  the  title  "licensed  school  psychology practitioner".   Only a person
    28  licensed or exempt under this  article  shall  practice  as  a  licensed
    29  school  psychology  practitioner  or  use  the  title  "licensed  school
    30  psychology practitioner".
    31    § 7622. Definition of the practice of  a  licensed  school  psychology
    32  practitioner.  The practice of a licensed school psychology practitioner
    33  is:
    34    1. the assessment,  including  psycho-educational,  developmental  and
    35  vocational  assessment,  evaluation  and interpretation of intelligence,
    36  cognitive processes, aptitudes, interests, academic achievement, adjust-
    37  ment, personality factors and motivations, or any other  attributes,  to
    38  individuals  or  groups of preschool and school-age children and adoles-
    39  cents that relate to learning, education or adjustment needs;
    40    2.  the  development  and  implementation   of   educationally-related
    41  psychotherapeutic  and  behavioral approaches to increase school adjust-
    42  ment and academic  success,  counseling  and  interpretive  services  to
    43  reduce  education-related problems including, but not limited to, verbal
    44  interaction, interviewing, behavior techniques, developmental and  voca-
    45  tional intervention, environmental management and group processes;
    46    3.  consultation  with representatives of schools, agencies and organ-
    47  izations, families or individuals, including psycho-educational,  devel-
    48  opmental  and  vocational    assistance  or direct educational services,
    49  related to learning problems and adjustments to those  problems  to  the
    50  benefit  of  an individual or group of preschool and school-age children
    51  and adolescents; and
    52    4. the development of programming, including  designing,  implementing
    53  or  evaluating educationally and psychologically sound learning environ-
    54  ments and the facilitation of psycho-educational development of individ-
    55  uals, families or groups.

        S. 3278--A                          3
 
     1    § 7623.  Requirements for a professional license.  To  qualify  for  a
     2  license as a licensed school psychology practitioner, an applicant shall
     3  fulfill the following requirements:
     4    1. Application: File an application with the department;
     5    2.  Education:  Complete a minimum of sixty graduate semester hours in
     6  psychology credits including a master's degree and fulfill the  require-
     7  ments  of  an  advanced degree in school psychology or its equivalent or
     8  doctoral degree in school psychology from a program  registered  by  the
     9  department, or determined by the department to be the substantial equiv-
    10  alent  in  accordance with the commissioner's regulations.  The graduate
    11  coursework shall reflect the training and credentialing standards estab-
    12  lished by a national certifying body having  school  psychology  certif-
    13  ication  or  regional  standards  acceptable  to  the  commissioner  and
    14  include, but not be limited to, the following areas:
    15    (i) biological, social and cultural bases of development;
    16    (ii) psychopathology and exceptionality in learning and behavior;
    17    (iii)  assessment  and  appraisal  of  learners  in  home  and  school
    18  contexts;
    19    (iv)  consultation  and  collaboration in family, school and community
    20  systems;
    21    (v) effective instruction and development of  cognitive  and  academic
    22  skills;
    23    (vi)  prevention  and  treatment of behavioral and emotional disorders
    24  and deficits;
    25    (vii) school organization, curriculum, policy and law;
    26    (viii) research and program evaluation;
    27    (ix) professional and ethical practice of psychology in schools; and
    28    (x) completion of a  twelve  hundred  hour  supervised  internship  in
    29  school  psychology, with no less than six hundred hours completed within
    30  a school setting  or  such  other  setting  otherwise  governed  by  the
    31  provisions  of  section sixty-five hundred three-a or sixty-five hundred
    32  three-b of this title relating to waivers for entities providing profes-
    33  sional services.
    34    3. Experience: Complete a minimum of three  thousand  hours  of  post-
    35  master's  supervised  experience  relevant  to  the  practice  of school
    36  psychology satisfactory to the board and in accordance with the  commis-
    37  sioner's  regulations,  such supervised experience which may include one
    38  thousand two hundred hours completed as part  of  a  program  in  school
    39  psychology.  Satisfactory  experience  obtained  in  an entity operating
    40  under a waiver issued by the department pursuant to  section  sixty-five
    41  hundred  three-a  of  this  title  may  be  accepted  by the department,
    42  notwithstanding that such experience may have been obtained prior to the
    43  effective date of such section sixty-five hundred three-a  and/or  prior
    44  to  the  entity  having  obtained a waiver. The department may, for good
    45  cause shown, accept satisfactory  experience  that  was  obtained  in  a
    46  setting  that  would  have  been eligible for a waiver but which has not
    47  obtained a waiver from the department or experience that was obtained in
    48  good faith by the applicant under the belief that  appropriate  authori-
    49  zation  had been obtained for the experience, provided that such experi-
    50  ence meets all other requirements for acceptable experience;
    51    4. Examination: Pass an examination satisfactory to the board  and  in
    52  accordance with the commissioner's regulations;
    53    5. Age: Be at least twenty-one years of age;
    54    6.  Character: Be of good moral character as determined by the depart-
    55  ment; and

        S. 3278--A                          4
 
     1    7. Fees: Pay a fee of two hundred dollars to  the  department  for  an
     2  initial license and a fee of one hundred seventy dollars for each trien-
     3  nial registration period.
     4    §  7624. Boundaries of professional competency. 1.  It shall be deemed
     5  practicing outside the boundaries of a person's professional  competence
     6  for a person licensed pursuant to this article, in the case of treatment
     7  of  any  serious  mental illness, to provide  any mental health services
     8  for such illness on a continuous and sustained basis without a   medical
     9  evaluation of the illness by, and consultation with, a physician regard-
    10  ing such  illness.  Such medical evaluation and consultation shall be to
    11  determine  and  advise  whether  any  medical care is indicated for such
    12  illness. For purposes of this section,  "serious mental  illness"  means
    13  schizophrenia,   schizoaffective  disorder,  bipolar  disorder,    major
    14  depressive disorder, panic disorder and  obsessive-compulsive  disorder.
    15  Nothing  in  this section shall be construed to prevent, limit or impair
    16  consultation with any other health or mental health professional.
    17    2. Any individual whose license or authority to practice derives  from
    18  the provisions of this article shall be prohibited from:
    19    (a) prescribing or administering drugs as defined in this chapter as a
    20  treatment,  therapy,  or  professional  service  in the practice of such
    21  individual's profession;
    22    (b) using invasive procedures as a treatment, therapy, or professional
    23  service in the practice of such individual's profession. For purposes of
    24  this subdivision, "invasive procedure"  means  any  procedure  in  which
    25  human  tissue is cut, altered, or otherwise infiltrated by mechanical or
    26  other means.   Invasive procedure  includes  surgery,  lasers,  ionizing
    27  radiation, therapeutic ultrasound, or electroconvulsive therapy; or
    28    (c)  engaging  in  dual  setting  practice,  or  otherwise offering or
    29  providing private practice services to a student of a school or  special
    30  education  program where the practitioner is currently employed or under
    31  contract with such school or program.
    32    3. Nothing in this article shall be  deemed  to  authorize,  grant  or
    33  extend hospital privileges to individuals licensed under this article.
    34    § 7625. Limited permits.  1. The department may issue a limited permit
    35  to  an  applicant who meets all qualifications for licensure, except the
    36  examination and/or experience requirements,  in  accordance  with  regu-
    37  lations promulgated therefor.
    38    2.  Limited permits shall be for one year; such limited permits may be
    39  renewed, at the discretion of the department, for one additional year.
    40    3. The fee for each limited permit  and  for  each  renewal  shall  be
    41  seventy dollars.
    42    4.  A  limited  permit holder shall practice only under supervision as
    43  determined in accordance with the commissioner's regulations.
    44    § 7626.  Exemptions.  Nothing  contained  in  this  article  shall  be
    45  construed to:
    46    1.  apply to the practice, conduct, activities, services or use of any
    47  title by any person licensed or otherwise authorized to  practice  medi-
    48  cine within the state pursuant to article one hundred thirty-one of this
    49  title  or  by  any  person registered to perform services as a physician
    50  assistant within the state pursuant to article one hundred  thirty-one-B
    51  of this title or by any person licensed or otherwise authorized to prac-
    52  tice  psychology  within  this  state  pursuant  to  article one hundred
    53  fifty-three of this title or by any person licensed or otherwise author-
    54  ized to practice as a licensed clinical social worker within this  state
    55  pursuant  to  article  one  hundred  fifty-four of this title, or by any
    56  person licensed or otherwise authorized to practice nursing as a  regis-

        S. 3278--A                          5
 
     1  tered  professional  nurse  within  this state pursuant   to article one
     2  hundred thirty-nine of this title, or by any person licensed  or  other-
     3  wise authorized to practice mental health counseling, marriage and fami-
     4  ly  therapy, creative  arts therapy, or psychoanalysis within the state,
     5  or by any person licensed or otherwise authorized  to  practice  applied
     6  behavior  analysis  within the state pursuant to this article; provided,
     7  however, that no physician, physician's  assistant,  registered  profes-
     8  sional  nurse,  psychologist,  licensed clinical social worker, licensed
     9  mental  health  counselor,  licensed  marriage  and  family   therapist,
    10  licensed  creative  arts  therapist,  licensed psychoanalyst or licensed
    11  applied behavior analyst may use the title unless  licensed  under  this
    12  article;
    13    2. prohibit or limit any individual who is credentialed under any law,
    14  including  attorneys, rape crisis counselors, certified alcoholism coun-
    15  selors and certified substance abuse counselors  from  providing  mental
    16  health services within their respective established authorities;
    17    3.  prohibit  or limit the  practice of a profession licensed pursuant
    18  to this article by a student, intern or resident in, and as a part of, a
    19  supervised educational program in an institution approved by the depart-
    20  ment;
    21    4. prohibit or limit the provision of pastoral counseling services  by
    22  any  member  of the clergy or Christian Science practitioner, within the
    23  context of such member of the clergy or Christian Science practitioner's
    24  ministerial  charge or obligation;
    25    5. prohibit or limit individuals, churches, schools, teachers,  organ-
    26  izations,  or  not-for-profit  businesses,  from  providing instruction,
    27  advice, support, encouragement, or information to individuals, families,
    28  and relational groups;
    29    6. prohibit or limit an occupational therapist  from  performing  work
    30  consistent with article one hundred fifty-six of this title;
    31    7.  affect  or  prevent  the  activities  or services on the part of a
    32  person in the employ of a federal, state, county, or  municipal  agency,
    33  other  political  subdivision,  or  a  chartered elementary or secondary
    34  school or degree-granting educational institution insofar as such activ-
    35  ities and services are a part of the duties of  such  person's  salaried
    36  position; or
    37    8.  impair  or affect the conduct, activities or services of a techni-
    38  cian to administer and  score  standardized  objective  (non-projective)
    39  psychological  or neuropsychological tests which have specific predeter-
    40  mined and manualized administrative procedures  which  entail  observing
    41  and  describing  test  behavior  and  test  responses,  and which do not
    42  require evaluation, interpretation or other  judgments  as  provided  in
    43  subdivision eleven of section seventy-six hundred five of this title.
    44    §  7627.  Special  provisions.  1. Any nonexempt person practicing the
    45  profession of licensed school psychology practitioner shall apply for  a
    46  license of such profession within one year of the effective date of this
    47  section.
    48    (a) If such person does not meet the requirements for a license estab-
    49  lished  within  this  article, such person may meet alternative criteria
    50  determined by the department to be the substantial  equivalent  of  such
    51  criteria.
    52    (b)  If  such  person meets the requirements for a license established
    53  within this  article, except for examination, and has been certified  or
    54  registered  by  a national certifying or registering body having certif-
    55  ication or registration standards acceptable to   the commissioner,  the
    56  department shall license without examination.

        S. 3278--A                          6
 
     1    2.  Notwithstanding  the  requirements  of section seventy-six hundred
     2  twenty-three of this article, and for a period of time not to exceed two
     3  years from the effective date of this  article,  an  individual  may  be
     4  licensed  as  a  school psychology practitioner provided such person has
     5  either:
     6    (a) met the educational requirements as defined in section seventy-six
     7  hundred  twenty-three  of  this  article  and  performed the duties of a
     8  school psychologist as authorized by article one hundred fifty-three  of
     9  this title or any other provision of law, for two of the past five years
    10  prior to the effective date of this article; or
    11    (b)  performed  the  duties  of a school psychologist as authorized by
    12  article one hundred fifty-three of this title or any other provision  of
    13  law,  for  at least five years prior to the effective date of this arti-
    14  cle.
    15    3. Any person licensed pursuant to this article may use accepted codes
    16  and classifications of signs, symptoms, dysfunctions and  disorders,  as
    17  approved  in accordance with regulations  promulgated by the department,
    18  in the practice of such licensed profession.
    19    4. Nothing in this article shall be deemed to alter, modify or  affect
    20  the  provisions  of section three thousand twelve or twenty-five hundred
    21  ten of this chapter or otherwise affect the certification  of  a  school
    22  psychologist.
    23    §  7628.  Mandatory continuing education. 1.  (a) Each licensed school
    24  psychology practitioner required under this article to register trienni-
    25  ally with the department to practice in this state,  shall  comply  with
    26  the provisions of mandatory continuing education requirements prescribed
    27  in  subdivision  two  of this section, except as set forth in paragraphs
    28  (b) and (c) of this subdivision. Licensed school psychology  practition-
    29  ers  who  do not satisfy the mandatory continuing education requirements
    30  shall not practice until they have met such requirements, and they  have
    31  been  issued  a  registration certificate, except that a licensed school
    32  psychology practitioner may practice without having  met  such  require-
    33  ments if they are issued a conditional registration certificate pursuant
    34  to subdivision three of this section.
    35    (b)  Each licensed school psychology practitioner shall be exempt from
    36  the mandatory continuing education requirements for the triennial regis-
    37  tration period during which they are first licensed. In accordance  with
    38  the  intent  of  this  section,  adjustment  to the mandatory continuing
    39  education requirement may be granted by the department  for  reasons  of
    40  health  that  are  certified by an appropriate health care professional,
    41  for extended active duty with the armed forces of the United States,  or
    42  for  other  good  cause  acceptable  to the department which may prevent
    43  compliance.
    44    (c) A licensed school psychology practitioner shall be exempt from the
    45  mandatory continuing education requirement upon the filing of  a  state-
    46  ment with the department declaring such status. Any licensee who returns
    47  to  the  practice  of  licensed  school  psychology during the triennial
    48  registration period shall notify the department prior to reentering  the
    49  profession and shall meet such mandatory education requirements as shall
    50  be prescribed by regulations of the commissioner.
    51    2.  During  each triennial registration period an applicant for regis-
    52  tration as a licensed school psychology practitioner  shall  complete  a
    53  minimum of thirty-six hours of acceptable formal continuing education, a
    54  maximum  of  twelve hours of which may be self-instructional course work
    55  acceptable to the department. A licensed school psychology  practitioner
    56  whose  first  registration  date  following  the  effective date of this

        S. 3278--A                          7
 
     1  section occurs less than three years from such effective date, but on or
     2  after January first, two thousand thirty up to  the  first  registration
     3  date thereafter. A licensee who has not satisfied the mandatory continu-
     4  ing  education  requirement shall not be issued a triennial registration
     5  certificate by the department and shall not practice unless and until  a
     6  conditional registration certificate is issued as provided for in subdi-
     7  vision  three  of  this section. Continuing education hours taken during
     8  one triennium may not be transferred to the subsequent triennium.
     9    3. (a) The department, in its  discretion,  may  issue  a  conditional
    10  registration  to  a  licensee who fails to meet the continuing education
    11  requirements established in subdivision two  of  this  section  but  who
    12  agrees to make up any deficiencies and complete any additional education
    13  which  the department may require. The fee for such a conditional regis-
    14  tration shall be the same as, and in addition to, the fee for the trien-
    15  nial registration. The duration of such conditional  registration  shall
    16  be  determined  by  the  department  but  shall not exceed one year. Any
    17  licensee who is notified of the denial of registration  for  failure  to
    18  submit  evidence, satisfactory to the department, of required continuing
    19  education and who practices without such registration may be subject  to
    20  disciplinary proceedings pursuant to this title.
    21    (b)  For  purposes of this section "acceptable formal education" shall
    22  mean formal courses of learning which contribute to  professional  prac-
    23  tice  in  school  psychology  and which meet the standards prescribed by
    24  regulations of the commissioner. Such formal courses of  learning  shall
    25  include,  but  not be limited to, collegiate level credit and non-credit
    26  courses,  professional  development  programs  and  technical   sessions
    27  offered by national, state and local professional associations and other
    28  organizations  acceptable  to  the  department,  and any other organized
    29  educational and technical programs acceptable to the department. Contin-
    30  uing education courses must be  taken  from  a  provider  who  has  been
    31  approved  by the department, based upon an application and fee, pursuant
    32  to the regulations of the  commissioner.  The  department  may,  in  its
    33  discretion  and as needed to contribute to the health and welfare of the
    34  public, require  the  completion  of  continuing  education  courses  in
    35  specific   subjects  to  fulfill  this  mandatory  continuing  education
    36  requirement. Licensed school  psychology  practitioners  shall  maintain
    37  adequate  documentation  of  completion  of acceptable formal continuing
    38  education and shall provide such documentation at  the  request  of  the
    39  department.  Failure  to  provide such documentation upon the request of
    40  the department shall be an act of  misconduct  subject  to  disciplinary
    41  proceedings pursuant to this title.
    42    (c)  The mandatory continuing education fee shall be determined by the
    43  department. Such fee shall be payable on or before the first day of each
    44  triennial registration period, and shall be  paid  in  addition  to  the
    45  triennial registration fees as required by law.
    46    §  3.  Paragraph  a  of subdivision 3 of section 6507 of the education
    47  law, as amended by chapter 733 of the laws of 2023, is amended  to  read
    48  as follows:
    49    a. Establish standards for preprofessional and professional education,
    50  experience and licensing examinations as required to implement the arti-
    51  cle for each profession. Notwithstanding any other provision of law, the
    52  commissioner shall establish standards requiring that all persons apply-
    53  ing,  on or after January first, nineteen hundred ninety-one, initially,
    54  or for the renewal of, a license, registration or limited permit to be a
    55  physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
    56  trist,  psychiatrist,  psychologist,  licensed school psychology practi-

        S. 3278--A                          8
 
     1  tioner, licensed master social worker, licensed clinical social  worker,
     2  licensed  creative  arts  therapist, licensed marriage and family thera-
     3  pist, licensed mental health counselor, licensed  psychoanalyst,  dental
     4  hygienist, licensed behavior analyst, certified behavior analyst assist-
     5  ant,  or athletic trainer shall, in addition to all the other licensure,
     6  certification or  permit  requirements,  have  completed  two  hours  of
     7  coursework  or  training  regarding  the identification and reporting of
     8  child abuse and  maltreatment.  The  coursework  or  training  shall  be
     9  obtained  from an institution or provider which has been approved by the
    10  department to provide such coursework or  training.  The  coursework  or
    11  training shall include information regarding the physical and behavioral
    12  indicators  of  child abuse and maltreatment and the statutory reporting
    13  requirements set out in sections  four  hundred  thirteen  through  four
    14  hundred twenty of the social services law, including but not limited to,
    15  when  and  how a report must be made, what other actions the reporter is
    16  mandated or authorized to take, the legal  protections  afforded  repor-
    17  ters,  and  the  consequences  for failing to report. Such coursework or
    18  training may also include information regarding the physical and  behav-
    19  ioral indicators of the abuse of individuals with developmental disabil-
    20  ities  and  voluntary  reporting  of  abused  or neglected adults to the
    21  office for people with developmental disabilities  or  the  local  adult
    22  protective  services unit.   Each applicant shall provide the department
    23  with documentation showing that [he or she] such applicant has completed
    24  the required training. The department shall provide  an  exemption  from
    25  the  child abuse and maltreatment training requirements to any applicant
    26  who requests such an exemption and who shows, to the department's satis-
    27  faction, that there would be no need because of the nature  of  [his  or
    28  her]  such  applicant's  practice  for  [him  or  her] such applicant to
    29  complete such training;
    30    § 4. Section 7602 of the education law, as added by chapter 987 of the
    31  laws of 1971, is amended to read as follows:
    32    § 7602. State board for psychology.   A  state  board  for  psychology
    33  shall  be  appointed  by  the  board of regents on recommendation of the
    34  commissioner for the purpose of assisting the board of regents  and  the
    35  department on matters of professional licensing and professional conduct
    36  in  accordance with section sixty-five hundred eight of this title.  The
    37  board shall be composed of not less than eleven [psychologists  licensed
    38  in  this  state] members, seven of whom shall be licensed psychologists,
    39  two of whom shall be licensed school psychology practitioners and two of
    40  whom shall be public members.  An executive secretary to the board shall
    41  be appointed by the board of regents  upon  the  recommendation  of  the
    42  commissioner and shall be a psychologist, licensed in this state.
    43    §  5.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
    44  services law, as amended by chapter 733 of the laws of 2023, is  amended
    45  to read as follows:
    46    (a)  The  following  persons  and  officials are required to report or
    47  cause a report to be made in accordance with this title when  they  have
    48  reasonable  cause  to  suspect  that a child coming before them in their
    49  professional or official capacity is an abused or maltreated  child,  or
    50  when  they have reasonable cause to suspect that a child is an abused or
    51  maltreated child where the parent, guardian, custodian or  other  person
    52  legally  responsible  for  such child comes before them in their profes-
    53  sional or official capacity and states from  personal  knowledge  facts,
    54  conditions or circumstances which, if correct, would render the child an
    55  abused  or maltreated child: any physician; registered physician assist-
    56  ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;

        S. 3278--A                          9
 
     1  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
     2  athletic trainer; psychologist; licensed school psychology practitioner;
     3  registered nurse; social worker; emergency medical technician;  licensed
     4  creative   arts  therapist;  licensed  marriage  and  family  therapist;
     5  licensed  mental  health  counselor;  licensed  psychoanalyst;  licensed
     6  behavior analyst; certified behavior analyst assistant; hospital person-
     7  nel engaged in the admission, examination, care or treatment of persons;
     8  a Christian Science practitioner; school official, which includes but is
     9  not  limited  to  school  teacher,  school  guidance  counselor,  school
    10  psychologist, school social worker, school nurse,  school  administrator
    11  or  other school personnel required to hold a teaching or administrative
    12  license or certificate; full or part-time  compensated  school  employee
    13  required  to  hold a temporary coaching license or professional coaching
    14  certificate; social services worker; employee of a publicly-funded emer-
    15  gency shelter for families with children; director of a children's over-
    16  night camp, summer day camp or traveling summer day camp, as such  camps
    17  are  defined in section thirteen hundred ninety-two of the public health
    18  law; day care center worker; school-age child care worker;  provider  of
    19  family  or group family day care; employee or volunteer in a residential
    20  care facility for children that is licensed, certified  or  operated  by
    21  the  office  of children and family services; or any other child care or
    22  foster care worker; mental health professional; substance abuse  counse-
    23  lor;  alcoholism  counselor;  all  persons credentialed by the office of
    24  [alcoholism  and  substance  abuse]  addiction  services  and  supports;
    25  employees, who are expected to have regular and substantial contact with
    26  children,  of  a  health  home  or  health  home  care management agency
    27  contracting with a health home as designated by the department of health
    28  and authorized under section three hundred sixty-five-l of this  chapter
    29  or  such employees who provide home and community based services under a
    30  demonstration program pursuant to section eleven hundred fifteen of  the
    31  federal  social  security  act  who  are  expected  to  have regular and
    32  substantial  contact  with  children;  peace  officer;  police  officer;
    33  district  attorney or assistant district attorney; investigator employed
    34  in the office of a district attorney; or other law enforcement official.
    35    § 6. Subparagraph (i) of paragraph  a  of  subdivision  1  of  section
    36  6503-a  of  the  education law, as amended by chapter 554 of the laws of
    37  2013, is amended to read as follows:
    38    (i) services provided under article  one  hundred  fifty-three-A,  one
    39  hundred  fifty-four,  one hundred sixty-three or one hundred sixty-seven
    40  of this title for which licensure would be required, or
    41    § 7. Severability. If any clause, sentence, paragraph, section or part
    42  of this act shall be adjudged by any court of competent jurisdiction  to
    43  be  invalid,  the  judgment  shall not affect, impair, or invalidate the
    44  remainder thereof, but shall be confined in its operation to the clause,
    45  sentence, paragraph, section or part thereof directly  involved  in  the
    46  controversy in which the judgment shall have been rendered.
    47    §  8.  This  act shall take effect eighteen months after it shall have
    48  become a law. Effective  immediately  the  department  of  education  is
    49  authorized  to promulgate any and all rules and regulations and take any
    50  other measure necessary to implement this act on or before its effective
    51  date, including, but not limited to, the appointment of the state  board
    52  for psychology, the acceptance and processing of applications for licen-
    53  sure and the issuance of licenses.
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