A01182 Summary:

BILL NOA01182
 
SAME ASSAME AS S04340
 
SPONSORRosenthal L (MS)
 
COSPNSRMiller MG, Otis, Stirpe, Cusick, Abinanti, Fahy, Benedetto, Zebrowski, Dickens, Paulin, Mikulin, De La Rosa, Walsh, Ortiz, Hevesi, Cruz, Reyes
 
MLTSPNSRBraunstein, Buchwald, Epstein, Galef, Lalor, Lupardo, McDonough, Montesano
 
Add Art 166-A §§8720 - 8727, amd §§6507, 6503-a & 7602, Ed L; amd §413, Soc Serv L
 
Provides for the licensure of school psychologists; authorizes the use of the title "school psychologist" to licensed or exempt individuals; defines practice of school psychology; 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.
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A01182 Actions:

BILL NOA01182
 
01/14/2019referred to higher education
01/08/2020referred to higher education
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A01182 Committee Votes:

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A01182 Floor Votes:

There are no votes for this bill in this legislative session.
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A01182 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1182
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2019
                                       ___________
 
        Introduced by M. of A. L. ROSENTHAL, M. G. MILLER, OTIS, STIRPE, CUSICK,
          ABINANTI,  FAHY,  BENEDETTO,  ZEBROWSKI,  DICKENS,  PAULIN, MIKULIN --
          Multi-Sponsored by -- M. of A.  BRAUNSTEIN,  BUCHWALD,  GALEF,  LALOR,
          LUPARDO, McDONOUGH, MONTESANO -- read once and referred to the Commit-
          tee on Higher Education

        AN  ACT  to  amend  the  education  law  and the social services law, in
          relation to the practice of  school  psychology,  and  establishing  a
          pilot program of multi-tiered system of support model of substance use
          prevention and intervention
 
          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 that
     2  while significant steps have been taken through legislation to implement
     3  the recommendations of executive and  legislative  task  forces  in  the
     4  joint  effort  to combat the heroin and opioid crises in New York state,
     5  much more must be done  to  identify  risk  factors,  develop  community
     6  response and support strategies and to increase access to treatment.
     7    The  legislature intends to build on the initial aggressive efforts of
     8  the executive and legislative by recognizing the significant role mental
     9  and behavioral health professionals  play  in  identifying  the  warning
    10  signs of heroin and opioid addiction in our children and the maladaptive
    11  behaviors  that  lead  to  early  drug  use  and  ultimately  abuse  and
    12  addiction. The legislature recognizes  that  certified  school  psychol-
    13  ogists  are  uniquely  qualified  to  identify  the  risk and protective
    14  factors, coupled with adverse childhood experiences which constitute the
    15  drug abuse  process.  However,  these  highly  trained  specialists  are
    16  constrained  to  provide  vital services to the school setting only. The
    17  legislature finds that the state's mission to  address  the  heroin  and
    18  opioid  crises  in  the  state will be advanced through the licensure of
    19  school psychologists and the meaningful  involvement  of  these  trained

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01019-01-9

        A. 1182                             2
 
     1  practitioners in the development of a school and community based strate-
     2  gy of response and support.
     3    §  2.  The  education  law is amended by adding a new article 166-A to
     4  read as follows:
     5                                ARTICLE 166-A
     6                              SCHOOL PSYCHOLOGY
     7  Section 8720. Introduction.
     8          8721. Practice of school psychology and use of the title "school
     9                  psychologist".
    10          8722. Definition of the practice of school psychology.
    11          8723. Requirements for a professional license.
    12          8724. Boundaries of professional competency.
    13          8725. Limited permits.
    14          8726. Exemptions.
    15          8727. Special provisions.
    16    § 8720. Introduction. This article applies to the profession and prac-
    17  tice of school  psychology and to the use of the title "licensed  school
    18  psychologist".   The general provisions for all professions contained in
    19  article one hundred thirty of this title apply to this article.
    20    § 8721. Practice of school psychology and use  of  the  title  "school
    21  psychologist".    Only  a  person  licensed or exempt under this article
    22  shall practice school psychology  or  use  the  title  "licensed  school
    23  psychologist".
    24    §  8722. Definition of the practice of school psychology. The practice
    25  of school psychology is:
    26    1. the assessment,  including  psycho-educational,  developmental  and
    27  vocational    assessment, evaluation and interpretation of intelligence,
    28  cognitive  processes,  aptitudes,    interests,  academic   achievement,
    29  adjustment,  personality  factors  and  motivations, or any other attri-
    30  butes, to individuals or groups of individuals aged birth to twenty-five
    31  years that relate to learning, education or adjustment needs;
    32    2.  the  development  and  implementation   of   educationally-related
    33  psychotherapeutic  and  behavioral approaches to increase school adjust-
    34  ment and academic  success,  counseling  and  interpretive  services  to
    35  reduce  education-related problems including, but not limited to, verbal
    36  interaction, interviewing, behavior techniques, developmental and  voca-
    37  tional intervention, environmental management and group processes;
    38    3.  consultation  with representatives of schools, agencies and organ-
    39  izations, families or individuals, including psycho-educational,  devel-
    40  opmental  and  vocational    assistance  or direct educational services,
    41  related to learning problems and adjustments to those  problems  to  the
    42  benefit  of  an  individual or group of individuals age birth to twenty-
    43  five years; and
    44    4. the development of programming, including  designing,  implementing
    45  or  evaluating educationally and psychologically sound learning environ-
    46  ments and the facilitation of psycho-educational development of individ-
    47  uals, families or groups.
    48    § 8723.  Requirements for a professional license.  To  qualify  for  a
    49  license  as  a  licensed school psychologist, an applicant shall fulfill
    50  the following requirements:
    51    1. Application: File an application with the department;
    52    2. Education: Complete a minimum of sixty graduate semester  hours  in
    53  psychology  credits including a master's degree and fulfill the require-
    54  ments of an advanced certificate in school psychology or its  equivalent
    55  or doctoral degree in school psychology from a program registered by the
    56  department, or determined by the department to be the substantial equiv-

        A. 1182                             3
 
     1  alent  in  accordance with the commissioner's regulations.  The graduate
     2  coursework shall include, but not be limited to, the following areas:
     3    (i) biological, social and cultural bases of development;
     4    (ii) psychopathology and exceptionality in learning and behavior;
     5    (iii)  assessment  and  appraisal  of  learners  in  home  and  school
     6  contexts;
     7    (iv) consultation and collaboration in family,  school  and  community
     8  systems;
     9    (v)  effective  instruction  and development of cognitive and academic
    10  skills;
    11    (vi) prevention and treatment of behavioral  and  emotional  disorders
    12  and deficits;
    13    (vii) school organization, curriculum, policy and law;
    14    (viii) research and program evaluation;
    15    (ix) profession and ethical practice of psychology in schools; and
    16    (x)  completion  of  a  twelve  hundred  hour supervised internship in
    17  school psychology, with no less than six hundred hours completed  within
    18  a school setting.
    19    3.  Experience:  Complete a minimum of two thousand four hundred hours
    20  of post-master's supervised  experience  relevant  to  the  practice  of
    21  school  psychology  satisfactory to the board and in accordance with the
    22  commissioner's regulations, such supervised experience which may include
    23  one thousand two hundred hours completed as part of a program in  school
    24  psychology.  Satisfactory  experience  obtained  in  an entity operating
    25  under a waiver issued by the department pursuant to  section  sixty-five
    26  hundred  three-a  of  this  title  may  be  accepted  by the department,
    27  notwithstanding that such experience may have been obtained prior to the
    28  effective date of such section sixty-five hundred three-a  and/or  prior
    29  to  the  entity  having  obtained a waiver. The department may, for good
    30  cause shown, accept satisfactory  experience  that  was  obtained  in  a
    31  setting  that  would  have  been eligible for a waiver but which has not
    32  obtained a waiver from the department or experience that was obtained in
    33  good faith by the applicant under the belief that  appropriate  authori-
    34  zation  had been obtained for the experience, provided that such experi-
    35  ence meets all other requirements for acceptable experience;
    36    4. Examination: Pass an examination satisfactory to the board  and  in
    37  accordance with the commissioner's regulations;
    38    5. Age: Be at least twenty-one years of age;
    39    6.  Character: Be of good moral character as determined by the depart-
    40  ment; and
    41    7. Fees: Pay a fee of one hundred seventy-five dollars to the  depart-
    42  ment  for  admission  to  a  department conducted examination and for an
    43  initial license and a fee of one hundred seventy dollars for each trien-
    44  nial registration period.
    45    § 8724. Boundaries of professional competency. 1.  It shall be  deemed
    46  practicing  outside the boundaries of his or her professional competence
    47  for a person licensed pursuant to this article, in the case of treatment
    48  of any serious mental illness, to provide   any mental  health  services
    49  for  such illness on a continuous and sustained basis without a  medical
    50  evaluation of the illness by, and consultation with, a physician regard-
    51  ing such  illness.  Such medical evaluation and consultation shall be to
    52  determine and advise whether any medical  care  is  indicated  for  such
    53  illness.  For  purposes of this section,  "serious mental illness" means
    54  schizophrenia,  schizoaffective  disorder,  bipolar  disorder,     major
    55  depressive  disorder,  panic disorder and obsessive-compulsive disorder.
    56  Nothing in this section shall be construed to prevent, limit  or  impair

        A. 1182                             4
 
     1  consultation with any other health or mental health professional.  Noth-
     2  ing  herein  contained shall limit, modify, restrict or otherwise affect
     3  the definition of the practice  of  school  psychology  as  provided  in
     4  section eighty-seven hundred twenty-two of this article.
     5    2.  Any individual whose license or authority to practice derives from
     6  the provisions of this article shall be prohibited from:
     7    (a) prescribing or administering drugs as defined in this chapter as a
     8  treatment, therapy, or professional service in the practice  of  his  or
     9  her profession; or
    10    (b) using invasive procedures as a treatment, therapy, or professional
    11  service  in  the practice of his or her profession. For purposes of this
    12  subdivision, "invasive procedure" means any  procedure  in  which  human
    13  tissue  is cut, altered, or otherwise infiltrated by mechanical or other
    14  means.  Invasive procedure includes surgery, lasers, ionizing radiation,
    15  therapeutic ultrasound, or electroconvulsive therapy; or
    16    (c) engaging in  dual  setting  practice,  or  otherwise  offering  or
    17  providing  private practice services to a student of a school or special
    18  education program where the practitioner is currently employed or  under
    19  contract with such school or program.
    20    3.  Nothing  in  this  article  shall be deemed to authorize, grant or
    21  extend hospital privileges to individuals licensed under this article.
    22    § 8725. Limited permits.  1. The department may issue a limited permit
    23  to an applicant whose qualifications have been approved for admission to
    24  the examination in accordance with regulations promulgated therefor.
    25    2. Limited permits shall be for  one  year  and  be  renewed,  at  the
    26  discretion of the department, for one additional year.
    27    3.  The  fee  for  each  limited  permit and for each renewal shall be
    28  seventy dollars.
    29    § 8726.  Exemptions.  Nothing  contained  in  this  article  shall  be
    30  construed to:
    31    1.  apply to the practice, conduct, activities, services or use of any
    32  title by any person licensed or otherwise authorized to  practice  medi-
    33  cine within the state pursuant to article one hundred thirty-one of this
    34  title  or  by  any  person registered to perform services as a physician
    35  assistant within the state pursuant to article one hundred  thirty-one-B
    36  of this title or by any person licensed or otherwise authorized to prac-
    37  tice  psychology  within  this  state  pursuant  to  article one hundred
    38  fifty-three of this title or by any person licensed or otherwise author-
    39  ized to practice as a licensed clinical social worker within this  state
    40  pursuant  to  article  one  hundred  fifty-four of this title, or by any
    41  person licensed or otherwise authorized to practice nursing as a  regis-
    42  tered  professional  nurse  within  this state pursuant   to article one
    43  hundred thirty-nine of this title, or by any person licensed  or  other-
    44  wise authorized to practice mental health counseling, marriage and fami-
    45  ly  therapy, creative  arts therapy, or psychoanalysis within the state,
    46  or by any person licensed or otherwise authorized  to  practice  applied
    47  behavior  analysis  within the state pursuant to this article; provided,
    48  however, that no physician, physician's  assistant,  registered  profes-
    49  sional  nurse,  psychologist,  licensed clinical social worker, licensed
    50  mental  health  counselor,  licensed  marriage  and  family   therapist,
    51  licensed  creative  arts  therapist,  licensed psychoanalyst or licensed
    52  applied behavior analyst may use the title unless  licensed  under  this
    53  article;
    54    2. prohibit or limit any individual who is credentialed under any law,
    55  including  attorneys, rape crisis counselors, certified alcoholism coun-

        A. 1182                             5
 
     1  selors and certified substance abuse counselors  from  providing  mental
     2  health services within their respective established authorities;
     3    3.  prohibit  or limit the  practice of a profession licensed pursuant
     4  to this article by a student, intern or resident in, and as a part of, a
     5  supervised educational program in an institution approved by the depart-
     6  ment;
     7    4. prohibit or limit the provision of pastoral counseling services  by
     8  any  member  of the clergy or Christian Science practitioner, within the
     9  context of his or her ministerial  charge or obligation;
    10    5. prohibit or limit individuals, churches, schools, teachers,  organ-
    11  izations,  or  not-for-profit  businesses,  from  providing instruction,
    12  advice, support, encouragement, or information to individuals, families,
    13  and relational groups;
    14    6. prohibit or limit an occupational therapist  from  performing  work
    15  consistent with article one hundred fifty-six of this title; or
    16    7.  affect  or  prevent  the  activities  or services on the part of a
    17  person in the employ of a federal, state, county, or  municipal  agency,
    18  other  political  subdivision,  or  a  chartered elementary or secondary
    19  school or degree-granting educational institution insofar as such activ-
    20  ities and services are a part of the duties of  such  person's  salaried
    21  position.
    22    §  8727.  Special  provisions.  1. Any nonexempt person practicing the
    23  profession of school psychology  shall  apply  for  a  license  of  such
    24  profession within one year of the effective date of this section.
    25    (a) If such person does not meet the requirements for a license estab-
    26  lished  within  this  article, such person may meet alternative criteria
    27  determined by the department to be the substantial  equivalent  of  such
    28  criteria.
    29    (b)  If  such  person meets the requirements for a license established
    30  within this  article, except for examination, and has been certified  or
    31  registered  by  a national certifying or registering body having certif-
    32  ication or registration standards acceptable to   the commissioner,  the
    33  department shall license without examination.
    34    2.  Notwithstanding  the  requirements of section eighty-seven hundred
    35  twenty-three of this article, and for a period of time not to exceed two
    36  years from the effective date of this  article,  an  individual  may  be
    37  licensed as a school psychologist provided such person has either:
    38    (a) met the educational requirements as defined in section eighty-sev-
    39  en  hundred  twenty-three  of this article and performed the duties of a
    40  school psychologist as authorized by article one hundred fifty-three  of
    41  this title or any other provision of law, for two of the past five years
    42  prior to the effective date of this article; or
    43    (b)  performed  the  duties  of a school psychologist as authorized by
    44  article one hundred fifty-three of this title or any other provision  of
    45  law,  for  at least five years prior to the effective date of this arti-
    46  cle.
    47    3. Any person licensed pursuant to this article may use accepted codes
    48  and classifications of signs, symptoms, dysfunctions and  disorders,  as
    49  approved  in accordance with regulations  promulgated by the department,
    50  in the practice of such licensed profession.
    51    4. Nothing in this article shall be deemed to alter, modify or  affect
    52  the  provisions  of section three thousand twelve or twenty-five hundred
    53  ten of this chapter or otherwise affect the certification  of  a  school
    54  psychologist.

        A. 1182                             6
 
     1    §  3.  Paragraph  a  of subdivision 3 of section 6507 of the education
     2  law, as amended by chapter 554 of the laws of 2013, is amended  to  read
     3  as follows:
     4    a. Establish standards for preprofessional and professional education,
     5  experience and licensing examinations as required to implement the arti-
     6  cle for each profession. Notwithstanding any other provision of law, the
     7  commissioner shall establish standards requiring that all persons apply-
     8  ing,  on or after January first, nineteen hundred ninety-one, initially,
     9  or for the renewal of, a license, registration or limited permit to be a
    10  physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
    11  trist,   psychiatrist,   psychologist,   licensed  school  psychologist,
    12  licensed master social worker, licensed clinical social worker, licensed
    13  creative  arts  therapist,  licensed  marriage  and  family   therapist,
    14  licensed mental health counselor, licensed psychoanalyst, dental hygien-
    15  ist,  licensed behavior analyst, or certified behavior analyst assistant
    16  shall, in addition to all the other licensure, certification  or  permit
    17  requirements, have completed two hours of coursework or training regard-
    18  ing  the  identification  and reporting of child abuse and maltreatment.
    19  The coursework or training shall be  obtained  from  an  institution  or
    20  provider  which  has  been  approved  by  the department to provide such
    21  coursework or training. The coursework or training shall include  infor-
    22  mation  regarding  the physical and behavioral indicators of child abuse
    23  and maltreatment and the statutory reporting  requirements  set  out  in
    24  sections four hundred thirteen through four hundred twenty of the social
    25  services  law,  including but not limited to, when and how a report must
    26  be made, what other actions the reporter is mandated  or  authorized  to
    27  take, the legal protections afforded reporters, and the consequences for
    28  failing to report. Such coursework or training may also include informa-
    29  tion  regarding  the  physical and behavioral indicators of the abuse of
    30  individuals with [mental retardation and other] developmental  disabili-
    31  ties and voluntary reporting of abused or neglected adults to the office
    32  [of  mental  retardation and] for people with developmental disabilities
    33  or the local  adult  protective  services  unit.  Each  applicant  shall
    34  provide  the  department  with  documentation showing that he or she has
    35  completed  the  required  training.  The  department  shall  provide  an
    36  exemption from the child abuse and maltreatment training requirements to
    37  any  applicant  who  requests  such  an  exemption and who shows, to the
    38  department's satisfaction, that there would be no need  because  of  the
    39  nature of his or her practice for him or her to complete such training;
    40    § 4. Section 7602 of the education law, as added by chapter 987 of the
    41  laws of 1971, is amended to read as follows:
    42    § 7602. State  board  for  psychology.    A state board for psychology
    43  shall be appointed by the board of  regents  on  recommendation  of  the
    44  commissioner  for  the purpose of assisting the board of regents and the
    45  department on matters of professional licensing and professional conduct
    46  in accordance with section sixty-five hundred eight of this title.   The
    47  board  shall be composed of not less than eleven [psychologists licensed
    48  in this state] members, a  number  of  whom  shall  be  licensed  school
    49  psychologists  sufficient  to  assure  meaningful participation in board
    50  activities.  An executive secretary to the board shall be  appointed  by
    51  the  board  of  regents  upon the recommendation of the commissioner and
    52  shall be a psychologist, licensed in this state.
    53    § 5. Paragraph (a) of subdivision 1  of  section  413  of  the  social
    54  services  law,  as  amended  by section 7 of part C of chapter 57 of the
    55  laws of 2018, is amended to read as follows:

        A. 1182                             7
 
     1    (a) The following persons and officials  are  required  to  report  or
     2  cause  a  report to be made in accordance with this title when they have
     3  reasonable cause to suspect that a child coming  before  them  in  their
     4  professional  or  official capacity is an abused or maltreated child, or
     5  when  they have reasonable cause to suspect that a child is an abused or
     6  maltreated child where the parent, guardian, custodian or  other  person
     7  legally  responsible  for  such child comes before them in their profes-
     8  sional or official capacity and states from  personal  knowledge  facts,
     9  conditions or circumstances which, if correct, would render the child an
    10  abused  or maltreated child: any physician; registered physician assist-
    11  ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
    12  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
    13  psychologist; licensed school  psychologist;  registered  nurse;  social
    14  worker;  emergency medical technician; licensed creative arts therapist;
    15  licensed marriage and family therapist; licensed mental  health  counse-
    16  lor; licensed psychoanalyst; licensed behavior analyst; certified behav-
    17  ior  analyst  assistant;  hospital  personnel  engaged in the admission,
    18  examination, care or treatment of persons; a Christian  Science  practi-
    19  tioner;  school  official,  which  includes but is not limited to school
    20  teacher, school guidance counselor, school psychologist,  school  social
    21  worker,  school  nurse,  school  administrator or other school personnel
    22  required to hold a teaching or administrative  license  or  certificate;
    23  full  or part-time compensated school employee required to hold a tempo-
    24  rary coaching  license  or  professional  coaching  certificate;  social
    25  services  worker;  employee  of  a publicly-funded emergency shelter for
    26  families with children; director of a children's overnight camp,  summer
    27  day  camp  or  traveling  summer  day camp, as such camps are defined in
    28  section thirteen hundred ninety-two of the public health law;  day  care
    29  center worker; school-age child care worker; provider of family or group
    30  family  day  care;  employee or volunteer in a residential care facility
    31  for children that is licensed, certified or operated by  the  office  of
    32  children  and  family  services;  or any other child care or foster care
    33  worker; mental health professional; substance abuse counselor;  alcohol-
    34  ism  counselor; all persons credentialed by the office of alcoholism and
    35  substance abuse services; employees, who are expected  to  have  regular
    36  and  substantial  contact with children, of a health home or health home
    37  care management agency contracting with a health home as  designated  by
    38  the  department  of  health  and  authorized under section three hundred
    39  sixty-five-l of this chapter or such  employees  who  provide  home  and
    40  community  based  services  under  a  demonstration  program pursuant to
    41  section eleven hundred fifteen of the federal social  security  act  who
    42  are  expected  to  have  regular  and substantial contact with children;
    43  peace officer; police officer; district attorney or  assistant  district
    44  attorney; investigator employed in the office of a district attorney; or
    45  other law enforcement official.
    46    §  6.  The  education  department,  the  office of children and family
    47  services, the office of mental health and the office of  alcoholism  and
    48  substance abuse services are hereby directed to establish a multi-tiered
    49  system  of  support  (MTSS) model of substance use prevention and inter-
    50  vention utilizing tiered  levels  of  primary  prevention  services  and
    51  secondary  and tertiary intervention services and to pilot such model in
    52  communities with occurrences of heroin and opioid addiction in  children
    53  under  the  age  of  twenty-five  in New York state. Such model shall be
    54  designed with the meaningful  participation  of  mental  and  behavioral
    55  health  practitioners  whose  training  focuses on the needs of children
    56  under the age of twenty-five  including,  but  not  limited  to,  school

        A. 1182                             8
 
     1  psychologists,  such practitioners being uniquely qualified to implement
     2  the model to the fullest extent possible. Such pilot shall  be  designed
     3  for implementation by September 1, 2020.
     4    §  7.  Subparagraph  (i)  of  paragraph  a of subdivision 1 of section
     5  6503-a of the education law, as amended by chapter 554 of  the  laws  of
     6  2013, is amended to read as follows:
     7    (i)  services  provided  under  article  one  hundred  fifty-four, one
     8  hundred sixty-three [or], one hundred sixty-seven or one hundred  sixty-
     9  six-A of this title for which licensure would be required, or
    10    § 8. Severability. If any clause, sentence, paragraph, section or part
    11  of  this act shall be adjudged by any court of competent jurisdiction to
    12  be invalid, the judgment shall not affect,  impair,  or  invalidate  the
    13  remainder thereof, but shall be confined in its operation to the clause,
    14  sentence,  paragraph,  section  or part thereof directly involved in the
    15  controversy in which the judgment shall have been rendered.
    16    § 9. This act shall take effect twelve  months  after  it  shall  have
    17  become  a law; provided, however, that effective immediately the depart-
    18  ment of education is authorized to promulgate  any  and  all  rules  and
    19  regulations  and  take any other measure necessary to implement this act
    20  on or before its effective date, including,  but  not  limited  to,  the
    21  appointment  of the state board for psychology, the acceptance and proc-
    22  essing of applications for licensure and the issuance of  licenses;  and
    23  provided, further, that the provisions of article 166-A of the education
    24  law, as added by section two of this act, requiring a license or limited
    25  permit  to practice under such article shall not be enforced until twen-
    26  ty-four months after the effective date of this act.
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