Relates to the delivery of services that are clinical in nature by persons serving in programs under the jurisdiction of the department of mental hygiene, while under a level of supervision by a licensed professional as determined by the appropriate mental hygiene commissioner.
STATE OF NEW YORK
________________________________________________________________________
5384
2025-2026 Regular Sessions
IN SENATE
February 21, 2025
___________
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to the delivery of
services that are clinical in nature
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Clause 14 of subparagraph (ii) of paragraph (c) of subdivi-
2 sion 10 of section 7605 of the education law, as amended by section 2 of
3 part Y of chapter 57 of the laws of 2018, is amended to read as follows:
4 (14) directly delivering services outlined in the service plan that
5 are not clinical in nature but have been tailored to an individual based
6 on any diagnoses such individual may have received from a licensed
7 professional, provided, however, such services that are clinical in
8 nature may be delivered by persons serving in programs under the juris-
9 diction of the department of mental hygiene, while under a level of
10 supervision by a licensed professional as determined by the appropriate
11 mental hygiene commissioner; and
12 § 2. Clause 14 of subparagraph (ii) of paragraph (c) of subdivision 7
13 of section 7706 of the education law, as amended by section 4 of part Y
14 of chapter 57 of the laws of 2018, is amended to read as follows:
15 (14) directly delivering services outlined in the service plan that
16 are not clinical in nature but have been tailored to an individual based
17 on any diagnoses such individual may have received from a licensed
18 professional, provided, however, such services that are clinical in
19 nature may be delivered by persons serving in programs under the juris-
20 diction of the department of mental hygiene, while under a level of
21 supervision by a licensed professional as determined by the appropriate
22 mental hygiene commissioner; and
23 § 3. Clause 14 of subparagraph (ii) of paragraph (c) of subdivision 8
24 of section 8410 of the education law, as amended by section 5 of part Y
25 of chapter 57 of the laws of 2018, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10085-01-5
S. 5384 2
1 (14) directly delivering services outlined in the service plan that
2 are not clinical in nature but have been tailored to an individual based
3 on any diagnoses such individual may have received from a licensed
4 professional, provided, however, such services that are clinical in
5 nature may be delivered by persons serving in programs under the juris-
6 diction of the department of mental hygiene, while under a level of
7 supervision by a licensed professional as determined by the appropriate
8 mental hygiene commissioner; and
9 § 4. This act shall take effect June 24, 2025.
