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.
STATE OF NEW YORK
________________________________________________________________________
2033
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. L. ROSENTHAL, OTIS, STIRPE, BENEDETTO, FAHY,
ZEBROWSKI, DICKENS, PAULIN, HEVESI, CRUZ, REYES, GALLAGHER, JONES,
KELLES, LUPARDO, MIKULIN, WALSH, BURGOS, ZINERMAN, AUBRY, SEAWRIGHT,
DINOWITZ, SAYEGH, BICHOTTE HERMELYN, GUNTHER, CLARK, SMITH, FORREST,
JACKSON, HYNDMAN, CARROLL, SILLITTI -- Multi-Sponsored by -- M. of A.
BRAUNSTEIN, EPSTEIN, McDONOUGH -- read once and referred to the
Committee on Higher Education
AN ACT to amend the education law and the social services law, in
relation to the practice of school psychology
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, as we emerge from the
8 pandemic, that we ensure services are available for children, youth, and
9 their parents to seek the help they need by allowing school psychol-
10 ogists to assist these individuals outside of a traditional setting. The
11 legislature finds that increasing the number of trained professionals
12 who are able to provide mental health services outside of an educational
13 setting will be positive for the children, parents, school, and society.
14 School psychologists are trained and educated in psychopathology, the
15 psychology of learning, motivation and human development in order to
16 address the many factors influencing their adjustment in school and
17 life. Accordingly, these factors may include trauma, social and
18 emotional adjustment, inequitable and historically marginalized communi-
19 ty conditions, school climate, and home/school/community collaboration.
20 The legislature therefore declares that by addressing the needs of chil-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05604-02-3
A. 2033 2
1 dren through prevention services, assessments and/or counseling, school
2 psychologists can contribute to their future success. It is important
3 that school psychologists are held to specific standards and require-
4 ments that will ensure competent services.
5 § 2. The education law is amended by adding a new article 166-A to
6 read as follows:
7 ARTICLE 166-A
8 SCHOOL PSYCHOLOGY
9 Section 8720. Introduction.
10 8721. Practice of school psychology and use of the title
11 "licensed school psychologist".
12 8722. Definition of the practice of school psychology.
13 8723. Requirements for a professional license.
14 8724. Boundaries of professional competency.
15 8725. Limited permits.
16 8726. Exemptions.
17 8727. Special provisions.
18 § 8720. Introduction. This article applies to the profession and prac-
19 tice of school psychology and to the use of the title "licensed school
20 psychologist". The general provisions for all professions contained in
21 article one hundred thirty of this title apply to this article.
22 § 8721. Practice of school psychology and use of the title "licensed
23 school psychologist". Only a person licensed or exempt under this arti-
24 cle shall practice school psychology or use the title "licensed school
25 psychologist".
26 § 8722. Definition of the practice of school psychology. The practice
27 of school psychology is:
28 1. the assessment, including psycho-educational, developmental and
29 vocational assessment, evaluation and interpretation of intelligence,
30 cognitive processes, aptitudes, interests, academic achievement,
31 adjustment, personality factors and motivations, or any other attri-
32 butes, to individuals or groups of individuals aged birth to twenty-five
33 years that relate to learning, education or adjustment needs;
34 2. the development and implementation of educationally-related
35 psychotherapeutic and behavioral approaches to increase school adjust-
36 ment and academic success, counseling and interpretive services to
37 reduce education-related problems including, but not limited to, verbal
38 interaction, interviewing, behavior techniques, developmental and voca-
39 tional intervention, environmental management and group processes;
40 3. consultation with representatives of schools, agencies and organ-
41 izations, families or individuals, including psycho-educational, devel-
42 opmental and vocational assistance or direct educational services,
43 related to learning problems and adjustments to those problems to the
44 benefit of an individual or group of individuals age birth to twenty-
45 five years; and
46 4. the development of programming, including designing, implementing
47 or evaluating educationally and psychologically sound learning environ-
48 ments and the facilitation of psycho-educational development of individ-
49 uals, families or groups.
50 § 8723. Requirements for a professional license. To qualify for a
51 license as a licensed school psychologist, an applicant shall fulfill
52 the following requirements:
53 1. Application: File an application with the department;
54 2. Education: Complete a minimum of sixty graduate semester hours in
55 psychology credits including a master's degree and fulfill the require-
56 ments of an advanced certificate in school psychology or its equivalent
A. 2033 3
1 or doctoral degree in school psychology from a program registered by the
2 department, or determined by the department to be the substantial equiv-
3 alent in accordance with the commissioner's regulations. The graduate
4 coursework shall include, but not be limited to, the following areas:
5 (i) biological, social and cultural bases of development;
6 (ii) psychopathology and exceptionality in learning and behavior;
7 (iii) assessment and appraisal of learners in home and school
8 contexts;
9 (iv) consultation and collaboration in family, school and community
10 systems;
11 (v) effective instruction and development of cognitive and academic
12 skills;
13 (vi) prevention and treatment of behavioral and emotional disorders
14 and deficits;
15 (vii) school organization, curriculum, policy and law;
16 (viii) research and program evaluation;
17 (ix) professional and ethical practice of psychology in schools; and
18 (x) completion of a twelve hundred hour supervised internship in
19 school psychology, with no less than six hundred hours completed within
20 a school setting.
21 3. Experience: Complete a minimum of two thousand four hundred hours
22 of post-master's supervised experience relevant to the practice of
23 school psychology satisfactory to the board and in accordance with the
24 commissioner's regulations, such supervised experience which may include
25 one thousand two hundred hours completed as part of a program in school
26 psychology. Satisfactory experience obtained in an entity operating
27 under a waiver issued by the department pursuant to section sixty-five
28 hundred three-a of this title may be accepted by the department,
29 notwithstanding that such experience may have been obtained prior to the
30 effective date of such section sixty-five hundred three-a and/or prior
31 to the entity having obtained a waiver. The department may, for good
32 cause shown, accept satisfactory experience that was obtained in a
33 setting that would have been eligible for a waiver but which has not
34 obtained a waiver from the department or experience that was obtained in
35 good faith by the applicant under the belief that appropriate authori-
36 zation had been obtained for the experience, provided that such experi-
37 ence meets all other requirements for acceptable experience;
38 4. Examination: Pass an examination satisfactory to the board and in
39 accordance with the commissioner's regulations;
40 5. Age: Be at least twenty-one years of age;
41 6. Character: Be of good moral character as determined by the depart-
42 ment; and
43 7. Fees: Pay a fee of one hundred seventy-five dollars to the depart-
44 ment for admission to a department conducted examination and for an
45 initial license and a fee of one hundred seventy dollars for each trien-
46 nial registration period.
47 § 8724. Boundaries of professional competency. 1. It shall be deemed
48 practicing outside the boundaries of his or her professional competence
49 for a person licensed pursuant to this article, in the case of treatment
50 of any serious mental illness, to provide any mental health services
51 for such illness on a continuous and sustained basis without a medical
52 evaluation of the illness by, and consultation with, a physician regard-
53 ing such illness. Such medical evaluation and consultation shall be to
54 determine and advise whether any medical care is indicated for such
55 illness. For purposes of this section, "serious mental illness" means
56 schizophrenia, schizoaffective disorder, bipolar disorder, major
A. 2033 4
1 depressive disorder, panic disorder and obsessive-compulsive disorder.
2 Nothing in this section shall be construed to prevent, limit or impair
3 consultation with any other health or mental health professional. Noth-
4 ing herein contained shall limit, modify, restrict or otherwise affect
5 the definition of the practice of school psychology as provided in
6 section eighty-seven hundred twenty-two of this article.
7 2. Any individual whose license or authority to practice derives from
8 the provisions of this article shall be prohibited from:
9 (a) 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 (b) 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; or
18 (c) engaging in dual setting practice, or otherwise offering or
19 providing private practice services to a student of a school or special
20 education program where the practitioner is currently employed or under
21 contract with such school or program.
22 3. Nothing in this article shall be deemed to authorize, grant or
23 extend hospital privileges to individuals licensed under this article.
24 § 8725. Limited permits. 1. The department may issue a limited permit
25 to an applicant whose qualifications have been approved for admission to
26 the examination in accordance with regulations promulgated therefor.
27 2. Limited permits shall be for one year and be renewed, at the
28 discretion of the department, for one additional year.
29 3. The fee for each limited permit and for each renewal shall be
30 seventy dollars.
31 § 8726. Exemptions. Nothing contained in this article shall be
32 construed to:
33 1. apply to the practice, conduct, activities, services or use of any
34 title by any person licensed or otherwise authorized to practice medi-
35 cine within the state pursuant to article one hundred thirty-one of this
36 title or by any person registered to perform services as a physician
37 assistant within the state pursuant to article one hundred thirty-one-B
38 of this title or by any person licensed or otherwise authorized to prac-
39 tice psychology within this state pursuant to article one hundred
40 fifty-three of this title or by any person licensed or otherwise author-
41 ized to practice as a licensed clinical social worker within this state
42 pursuant to article one hundred fifty-four of this title, or by any
43 person licensed or otherwise authorized to practice nursing as a regis-
44 tered professional nurse within this state pursuant to article one
45 hundred thirty-nine of this title, or by any person licensed or other-
46 wise authorized to practice mental health counseling, marriage and fami-
47 ly therapy, creative arts therapy, or psychoanalysis within the state,
48 or by any person licensed or otherwise authorized to practice applied
49 behavior analysis within the state pursuant to this article; provided,
50 however, that no physician, physician's assistant, registered profes-
51 sional nurse, psychologist, licensed clinical social worker, licensed
52 mental health counselor, licensed marriage and family therapist,
53 licensed creative arts therapist, licensed psychoanalyst or licensed
54 applied behavior analyst may use the title unless licensed under this
55 article;
A. 2033 5
1 2. prohibit or limit any individual who is credentialed under any law,
2 including attorneys, rape crisis counselors, certified alcoholism coun-
3 selors and certified substance abuse counselors from providing mental
4 health services within their respective established authorities;
5 3. prohibit or limit the practice of a profession licensed pursuant
6 to this article by a student, intern or resident in, and as a part of, a
7 supervised educational program in an institution approved by the depart-
8 ment;
9 4. prohibit or limit the provision of pastoral counseling services by
10 any member of the clergy or Christian Science practitioner, within the
11 context of his or her ministerial charge or obligation;
12 5. prohibit or limit individuals, churches, schools, teachers, organ-
13 izations, or not-for-profit businesses, from providing instruction,
14 advice, support, encouragement, or information to individuals, families,
15 and relational groups;
16 6. prohibit or limit an occupational therapist from performing work
17 consistent with article one hundred fifty-six of this title; or
18 7. affect or prevent the activities or services on the part of a
19 person in the employ of a federal, state, county, or municipal agency,
20 other political subdivision, or a chartered elementary or secondary
21 school or degree-granting educational institution insofar as such activ-
22 ities and services are a part of the duties of such person's salaried
23 position.
24 § 8727. Special provisions. 1. Any nonexempt person practicing the
25 profession of school psychology shall apply for a license of such
26 profession within one year of the effective date of this section.
27 (a) If such person does not meet the requirements for a license estab-
28 lished within this article, such person may meet alternative criteria
29 determined by the department to be the substantial equivalent of such
30 criteria.
31 (b) If such person meets the requirements for a license established
32 within this article, except for examination, and has been certified or
33 registered by a national certifying or registering body having certif-
34 ication or registration standards acceptable to the commissioner, the
35 department shall license without examination.
36 2. Notwithstanding the requirements of section eighty-seven hundred
37 twenty-three of this article, and for a period of time not to exceed two
38 years from the effective date of this article, an individual may be
39 licensed as a school psychologist provided such person has either:
40 (a) met the educational requirements as defined in section eighty-sev-
41 en hundred twenty-three of this article and performed the duties of a
42 school psychologist as authorized by article one hundred fifty-three of
43 this title or any other provision of law, for two of the past five years
44 prior to the effective date of this article; or
45 (b) performed the duties of a school psychologist as authorized by
46 article one hundred fifty-three of this title or any other provision of
47 law, for at least five years prior to the effective date of this arti-
48 cle.
49 3. Any person licensed pursuant to this article may use accepted codes
50 and classifications of signs, symptoms, dysfunctions and disorders, as
51 approved in accordance with regulations promulgated by the department,
52 in the practice of such licensed profession.
53 4. Nothing in this article shall be deemed to alter, modify or affect
54 the provisions of section three thousand twelve or twenty-five hundred
55 ten of this chapter or otherwise affect the certification of a school
56 psychologist.
A. 2033 6
1 § 3. Paragraph a of subdivision 3 of section 6507 of the education
2 law, as amended by chapter 479 of the laws of 2022, 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 licensed
12 master social worker, licensed clinical social worker, licensed creative
13 arts therapist, licensed marriage and family therapist, licensed mental
14 health counselor, licensed psychoanalyst, dental hygienist, licensed
15 behavior analyst, or certified behavior analyst assistant shall, in
16 addition to all the other licensure, certification or permit require-
17 ments, have completed two hours of coursework or training regarding the
18 identification and reporting of child abuse and maltreatment. The
19 coursework or training shall be obtained from an institution or provider
20 which has been approved by the department to provide such coursework or
21 training. The coursework or training shall include information regarding
22 the physical and behavioral indicators of child abuse and maltreatment
23 and the statutory reporting requirements set out in sections four
24 hundred thirteen through four hundred twenty of the social services law,
25 including but not limited to, when and how a report must be made, what
26 other actions the reporter is mandated or authorized to take, the legal
27 protections afforded reporters, and the consequences for failing to
28 report. Such coursework or training may also include information regard-
29 ing the physical and behavioral indicators of the abuse of individuals
30 with developmental disabilities and voluntary reporting of abused or
31 neglected adults to the office for people with developmental disabili-
32 ties or the local adult protective services unit. Each applicant shall
33 provide the department with documentation showing that he or she has
34 completed the required training. The department shall provide an
35 exemption from the child abuse and maltreatment training requirements to
36 any applicant who requests such an exemption and who shows, to the
37 department's satisfaction, that there would be no need because of the
38 nature of his or her practice for him or her to complete such training;
39 § 4. Section 7602 of the education law, as added by chapter 987 of the
40 laws of 1971, is amended to read as follows:
41 § 7602. State board for psychology. A state board for psychology
42 shall be appointed by the board of regents on recommendation of the
43 commissioner for the purpose of assisting the board of regents and the
44 department on matters of professional licensing and professional conduct
45 in accordance with section sixty-five hundred eight of this title. The
46 board shall be composed of not less than eleven [psychologists licensed
47 in this state] members, a number of whom shall be licensed school
48 psychologists sufficient to assure meaningful participation in board
49 activities. An executive secretary to the board shall be appointed by
50 the board of regents upon the recommendation of the commissioner and
51 shall be a psychologist, licensed in this state.
52 § 5. Paragraph (a) of subdivision 1 of section 413 of the social
53 services law, as amended by section 7 of part C of chapter 57 of the
54 laws of 2018, is amended to read as follows:
55 (a) The following persons and officials are required to report or
56 cause a report to be made in accordance with this title when they have
A. 2033 7
1 reasonable cause to suspect that a child coming before them in their
2 professional or official capacity is an abused or maltreated child, or
3 when they have reasonable cause to suspect that a child is an abused or
4 maltreated child where the parent, guardian, custodian or other person
5 legally responsible for such child comes before them in their profes-
6 sional or official capacity and states from personal knowledge facts,
7 conditions or circumstances which, if correct, would render the child an
8 abused or maltreated child: any physician; registered physician assist-
9 ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
10 osteopath; optometrist; chiropractor; podiatrist; resident; intern;
11 psychologist; licensed school psychologist; registered nurse; social
12 worker; emergency medical technician; licensed creative arts therapist;
13 licensed marriage and family therapist; licensed mental health counse-
14 lor; licensed psychoanalyst; licensed behavior analyst; certified behav-
15 ior analyst assistant; hospital personnel engaged in the admission,
16 examination, care or treatment of persons; a Christian Science practi-
17 tioner; school official, which includes but is not limited to school
18 teacher, school guidance counselor, school psychologist, school social
19 worker, school nurse, school administrator or other school personnel
20 required to hold a teaching or administrative license or certificate;
21 full or part-time compensated school employee required to hold a tempo-
22 rary coaching license or professional coaching certificate; social
23 services worker; employee of a publicly-funded emergency shelter for
24 families with children; director of a children's overnight camp, summer
25 day camp or traveling summer day camp, as such camps are defined in
26 section thirteen hundred ninety-two of the public health law; day care
27 center worker; school-age child care worker; provider of family or group
28 family day care; employee or volunteer in a residential care facility
29 for children that is licensed, certified or operated by the office of
30 children and family services; or any other child care or foster care
31 worker; mental health professional; substance abuse counselor; alcohol-
32 ism counselor; all persons credentialed by the office of [alcoholism and
33 substance abuse] addiction services and supports; employees, who are
34 expected to have regular and substantial contact with children, of a
35 health home or health home care management agency contracting with a
36 health home as designated by the department of health and authorized
37 under section three hundred sixty-five-l of this chapter or such employ-
38 ees who provide home and community based services under a demonstration
39 program pursuant to section eleven hundred fifteen of the federal social
40 security act who are expected to have regular and substantial contact
41 with children; peace officer; police officer; district attorney or
42 assistant district attorney; investigator employed in the office of a
43 district attorney; or other law enforcement official.
44 § 6. Subparagraph (i) of paragraph a of subdivision 1 of section
45 6503-a of the education law, as amended by chapter 554 of the laws of
46 2013, is amended to read as follows:
47 (i) services provided under article one hundred fifty-four, one
48 hundred sixty-three [or], one hundred sixty-seven or one hundred sixty-
49 six-A of this title for which licensure would be required, or
50 § 7. Severability. If any clause, sentence, paragraph, section or part
51 of this act shall be adjudged by any court of competent jurisdiction to
52 be invalid, the judgment shall not affect, impair, or invalidate the
53 remainder thereof, but shall be confined in its operation to the clause,
54 sentence, paragraph, section or part thereof directly involved in the
55 controversy in which the judgment shall have been rendered.
A. 2033 8
1 § 8. This act shall take effect twelve months after it shall have
2 become a law; provided, however, that effective immediately the depart-
3 ment of education is authorized to promulgate any and all rules and
4 regulations and take any other measure necessary to implement this act
5 on or before its effective date, including, but not limited to, the
6 appointment of the state board for psychology, the acceptance and proc-
7 essing of applications for licensure and the issuance of licenses; and
8 provided, further, that the provisions of article 166-A of the education
9 law, as added by section two of this act, requiring a license or limited
10 permit to practice under such article shall not be enforced until twen-
11 ty-four months after the effective date of this act.