Relates to requirements for licensure of mental health counselors and marriage and family therapists and providing mental health counselors and marriage and family therapists authority to give diagnosis.
STATE OF NEW YORK
________________________________________________________________________
5751
2021-2022 Regular Sessions
IN ASSEMBLY
February 24, 2021
___________
Introduced by M. of A. SIMON -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation to requirements for
licensure of certain mental health practitioners and providing certain
mental health practitioners authority to give diagnosis
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 8401 of the education law is amended by adding a
2 new subdivision 3 to read as follows:
3 3. "Diagnosis" means the process of distinguishing, beyond a general
4 assessment, between similar mental, emotional, behavioral, developmental
5 and addictive disorders, impairments and disabilities within a psychoso-
6 cial framework on the basis of their similar and unique characteristics
7 consistent with accepted classification systems.
8 § 2. Subdivision 2 of section 8402 of the education law, as added by
9 chapter 676 of the laws of 2002, is amended to read as follows:
10 2. Practice of mental health counseling and use of the titles "mental
11 health counselor" and "licensed mental health counselor". (a) Only a
12 person licensed or exempt under this article shall practice mental
13 health counseling or use the title "mental health counselor". Only a
14 person licensed under this article shall use the title "licensed mental
15 health counselor" or any other designation tending to imply that the
16 person is licensed to practice mental health counseling.
17 (b) Mental health counselors who have obtained the diagnosis privilege
18 set forth in section eighty-four hundred two-a of this article may diag-
19 nose mental, emotional, behavioral, addictive and developmental disor-
20 ders and disabilities and of the psychosocial aspects of illness, inju-
21 ry, disability and impairment undertaken within a psychosocial
22 framework.
23 § 3. Paragraphs (b) and (c) of subdivision 3 of section 8402 of the
24 education law, paragraph (b) as added by chapter 676 of the laws of 2002
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07110-01-1
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1 and paragraph (c) as amended by chapter 130 of the laws of 2010, are
2 amended to read as follows:
3 (b) Education: Have received an education, including a master's or
4 higher degree in counseling from a program registered by the department
5 or determined by the department to be the substantial equivalent there-
6 of, which includes the completion of at least twelve credit hours of
7 clinical courses, in accordance with the commissioner's regulations. A
8 person who has received a master's, or equivalent degree in counseling,
9 during which they did not complete all twelve credit hours of clinical
10 courses, may satisfy this requirement by completing any remaining equiv-
11 alent post-graduate clinical courses, in accordance with the commission-
12 er's regulations. The graduate coursework shall include, but not be
13 limited to, the following areas:
14 (i) human growth and development;
15 (ii) social and cultural foundations of counseling;
16 (iii) counseling theory and practice and psychopathology;
17 (iv) group dynamics;
18 (v) lifestyle and career development;
19 (vi) assessment and appraisal of individuals, couples and families and
20 groups;
21 (vii) research and program evaluation;
22 (viii) professional orientation and ethics;
23 (ix) foundations of mental health counseling and consultation;
24 (x) clinical instruction; and
25 (xi) completion of a minimum one year supervised internship or practi-
26 cum in mental health counseling;
27 (c) Experience: An applicant shall complete a minimum of three thou-
28 sand hours of post-master's supervised experience relevant to the prac-
29 tice of mental health counseling, two thousand hours of which shall
30 include diagnosis, psychotherapy, and assessment-based treatment plans,
31 satisfactory to the board and in accordance with the commissioner's
32 regulations. Satisfactory experience obtained in an entity operating
33 under a waiver issued by the department pursuant to section sixty-five
34 hundred three-a of this title may be accepted by the department,
35 notwithstanding that such experience may have been obtained prior to the
36 effective date of such section sixty-five hundred three-a and/or prior
37 to the entity having obtained a waiver. The department may, for good
38 cause shown, accept satisfactory experience that was obtained in a
39 setting that would have been eligible for a waiver but which has not
40 obtained a waiver from the department or experience that was obtained in
41 good faith by the applicant under the belief that appropriate authori-
42 zation had been obtained for the experience, provided that such experi-
43 ence meets all other requirements for acceptable experience;
44 § 4. The education law is amended by adding a new section 8402-a to
45 read as follows:
46 § 8402-a. Diagnosis privilege; mental health counseling. 1. Applicants
47 licensed on January first, two thousand twenty-six or thereafter are
48 authorized to diagnose, as provided in paragraph (b) of subdivision two
49 of section eighty-four hundred two of this article, and as defined in
50 subdivision three of section eighty-four hundred one of this article
51 without meeting any additional requirements.
52 2. Applicants for license as a mental health counselor who have been
53 issued a limited permit after successfully completing the requirements
54 of paragraph (b) of subdivision three of section eighty-four hundred two
55 of this article, which includes twelve credit hours of clinical courses,
56 are authorized to diagnose as provided in paragraph (b) of subdivision
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1 two of section eighty-four hundred two of this article, and as defined
2 in subdivision three of section eighty-four hundred one of this article,
3 while under supervision.
4 3. Those licensed prior to January first, two thousand twenty-five,
5 shall be granted the privilege to diagnose as provided in paragraph (b)
6 of subdivision two of section eighty-four hundred two of this article,
7 and as defined in subdivision three of section eighty-four hundred one
8 of this article, if the licensee fulfills the following requirements:
9 (a) Files an application with the department;
10 (b) Is licensed and registered as a mental health counselor; and:
11 (i) Provides verification of twelve credit hours of clinical course
12 work as defined by the department from a college or university accepta-
13 ble to the department; or
14 (ii) Provides verification of a minimum of two years of employment as
15 a licensed mental health counselor by a licensed supervisor or colleague
16 on forms acceptable to the department, in a program or service operated,
17 regulated, funded, or approved by the department of mental hygiene, the
18 office of children and family services, the office of temporary and
19 disability assistance, the department of corrections and community
20 supervision, the state office for the aging, the department of health,
21 or a local governmental unit as that term is defined in article forty-
22 one of the mental hygiene law or a social services district as defined
23 in section sixty-one of the social services law; or
24 (iii) Provides verification of being licensed as a licensed mental
25 health counselor for a minimum of two years; and
26 (1) Provides documentation of at least six credit hours of clinical
27 coursework as defined by the department from a college or university
28 acceptable to the department; or
29 (2) Provides documentation of at least twelve hours of continuing
30 education in clinical coursework subject to section eighty-four hundred
31 twelve-a of this article; and
32 (c) Pays a fee to the department of two hundred twenty dollars.
33 4. A privilege to diagnose issued under this section shall be valid
34 for the life of the holder, unless revoked, annulled, or suspended by
35 the board of regents. Such a privilege shall be subject to the same
36 oversight and disciplinary provisions as licenses issued under this
37 title.
38 § 5. Subdivision 2 of section 8403 of the education law, as added by
39 chapter 676 of the laws of 2002, is amended to read as follows:
40 2. Practice of marriage and family therapy and use of the titles
41 "marriage and family therapist" and "licensed marriage and family thera-
42 pist". (a) Only a person licensed or exempt under this article shall
43 practice marriage and family therapy or use the title "marriage and
44 family therapist". Only a person licensed under this article shall use
45 the titles "licensed marriage and family therapist", "licensed marriage
46 therapist", "licensed family therapist" or any other designation tending
47 to imply that the person is licensed to practice marriage and family
48 therapy.
49 (b) Marriage and family therapists who have obtained the diagnosis
50 privilege set forth in section eighty-four hundred three-a of this arti-
51 cle may diagnose mental, emotional, behavioral, addictive and develop-
52 mental disorders and disabilities and of the psychosocial aspects of
53 illness, injury, disability and impairment undertaken within a psychoso-
54 cial framework.
55 § 6. Paragraphs (b) and (c) of subdivision 3 of section 8403 of the
56 education law, paragraph (b) as added by chapter 676 of the laws of 2002
A. 5751 4
1 and paragraph (c) as amended by chapter 130 of the laws of 2010, are
2 amended to read as follows:
3 (b) Education: Have received a master's or doctoral degree in marriage
4 and family therapy from a program registered by the department, or
5 determined by the department to be the substantial equivalent, which
6 includes the completion of at least twelve credit hours of clinical
7 coursework in accordance with the commissioner's regulations or a gradu-
8 ate degree in an allied field from a program registered by the depart-
9 ment and graduate level coursework determined to be equivalent to that
10 required in a program registered by the department. A person who has
11 received a master's, or equivalent degree in marriage and family thera-
12 py, during which they did not complete all twelve credit hours of clin-
13 ical courses, may satisfy this requirement by completing any remaining
14 equivalent post-graduate clinical courses, in accordance with the
15 commissioner's regulations. This coursework shall include, but not be
16 limited to:
17 (i) the study of human development, including individual, child and
18 family development;
19 (ii) psychopathology;
20 (iii) marital and family therapy;
21 (iv) family law;
22 (v) research;
23 (vi) professional ethics; and
24 (vii) a practicum of at least three hundred client contact hours;
25 (c) Experience: The completion of at least [one] two thousand [five
26 hundred] client contact hours of supervised clinical experience, by
27 persons holding a degree from a master's or doctoral program, or the
28 substantial equivalent, in accordance with the commissioner's regu-
29 lations or the completion of at least [one] two thousand [five hundred]
30 client contact hours of supervised post-master's clinical experience in
31 marriage and family therapy satisfactory to the department in accordance
32 with the commissioner's regulations. The two thousand client contact
33 hours shall include diagnosis, psychotherapy and assessment based treat-
34 ment plans. Satisfactory experience obtained in an entity operating
35 under a waiver issued by the department pursuant to section sixty-five
36 hundred three-a of this title may be accepted by the department,
37 notwithstanding that such experience may have been obtained prior to the
38 effective date of such section sixty-five hundred three-a and/or prior
39 to the entity having obtained a waiver. The department may, for good
40 cause shown, accept satisfactory experience that was obtained in a
41 setting that would have been eligible for a waiver but which has not
42 obtained a waiver from the department or experience that was obtained in
43 good faith by the applicant under the belief that appropriate authori-
44 zation had been obtained for the experience, provided that such experi-
45 ence meets all other requirements for acceptable experience;
46 § 7. The education law is amended by adding a new section 8403-a to
47 read as follows:
48 § 8403-a. Diagnosis privilege; marriage and family therapist. 1.
49 Applicants for license as a marriage and family therapist who were
50 licensed on January first, two thousand twenty-six or thereafter are
51 authorized to diagnose, as provided in paragraph (b) of subdivision two
52 of section eighty-four hundred three of this article, and as defined in
53 subdivision three of section eighty-four hundred one of this article
54 without meeting any additional requirements.
55 2. Applicants for license as a marriage and family therapist who have
56 been issued a limited permit after successfully completing the require-
A. 5751 5
1 ments of paragraph (b) of subdivision three of section eighty-four
2 hundred three of this article, which includes twelve credit hours of
3 clinical courses, are authorized to diagnose as provided in paragraph
4 (b) of subdivision two of section eighty-four hundred three of this
5 article, and as defined in subdivision three of section eighty-four
6 hundred one of this article, while under supervision.
7 3. Those licensed as a marriage and family therapist prior to January
8 first, two thousand twenty-six, shall be granted the privilege to diag-
9 nose as provided in paragraph (b) of subdivision two of section eighty-
10 four hundred three of this article, and as defined in subdivision three
11 of section eighty-four hundred one of this article, if the licensee
12 fulfills the following requirements:
13 (a) Files an application with the department;
14 (b) Is licensed and registered as a marriage and family therapist;
15 and:
16 (i) Provides verification of twelve credit hours of clinical
17 coursework as defined by the department from a college or university
18 acceptable to the department; or
19 (ii) Provides verification of a minimum of two years of employment as
20 a licensed marriage and family therapist by a licensed supervisor or
21 colleague on forms acceptable to the department, in a program or service
22 operated, regulated, funded, or approved by the department of mental
23 hygiene, the office of children and family services, the office of
24 temporary and disability assistance, the department of corrections
25 and community supervision, the state office for the aging, the
26 department of health, or a local governmental unit as that term is
27 defined in article forty-one of the mental hygiene law or a social
28 services district as defined in section sixty-one of the social services
29 law; or
30 (iii) Provides verification of being licensed as a licensed marriage
31 and family therapist for a minimum of two years and:
32 (1) Provides documentation of at least six credit hours of clinical
33 coursework as defined by the department from a college or university
34 acceptable to the department; or
35 (2) Provides documentation of at least twelve hours of continuing
36 education in clinical coursework subject to section eighty-four hundred
37 twelve-a of this article; and
38 (c) Pays a fee to the department of two hundred twenty dollars.
39 4. A privilege to diagnose issued under this section shall be valid
40 for the life of the holder, unless revoked, annulled, or suspended by
41 the board of regents. Such a privilege shall be subject to the same
42 oversight and disciplinary provisions as licenses issued under this
43 title.
44 § 8. Subdivision 2 of section 8405 of the education law, as added by
45 chapter 676 of the laws of 2002, is amended to read as follows:
46 2. Practice of psychoanalysis and use of the titles "psychoanalyst"
47 and "licensed psychoanalyst". (a) Only a person licensed or exempt under
48 this article shall practice psychoanalysis or use the title "psychoana-
49 lyst". Only a person licensed under this article shall use the title
50 "licensed psychoanalyst" or any other designation tending to imply that
51 the person is licensed to practice psychoanalysis.
52 (b) Psychoanalysts who have obtained the diagnosis privilege as set
53 forth in section eighty-four hundred five-a of this article may diagnose
54 mental, emotional, behavioral, addictive and developmental disorders and
55 disabilities and of the psychosocial aspects of illness, injury, disa-
56 bility and impairment undertaken within a psychosocial framework.
A. 5751 6
1 § 9. Paragraphs (b) and (c) of subdivision 3 of section 8405 of the
2 education law, paragraph (b) as added by chapter 676 of the laws of 2002
3 and paragraph (c) as amended by chapter 130 of the laws of 2010, are
4 amended to read as follows:
5 (b) Education: Have received a master's degree or higher from a
6 degree-granting program registered by the department or the substantial
7 equivalent and have completed a program of study registered by the
8 department in a psychoanalytic institute chartered by the board of
9 regents or the substantial equivalent as determined by the department.
10 The program of study in a psychoanalytic institute shall include course-
11 work substantially equivalent to coursework required for a master's
12 degree in a health or mental health field of study and shall also
13 include the completion of at least twelve credit hours of clinical
14 courses. An individual who has completed a licensed psychoanalyst
15 program that did not include twelve credit hours of clinical courses may
16 satisfy this requirement by completing any remaining equivalent post-
17 graduate clinical courses, in accordance with the commissioner's regu-
18 lations. The coursework shall include, but not be limited to, the
19 following areas:
20 (i) personality development;
21 (ii) psychoanalytic theory of psychopathology;
22 (iii) psychoanalytic theory of psychodiagnosis;
23 (iv) sociocultural influence on growth and psychopathology;
24 (v) practice technique (including dreams and symbolic processes);
25 (vi) analysis of resistance, transference, and countertransference;
26 (vii) case seminars on clinical practice;
27 (viii) practice in psychopathology and psychodiagnosis;
28 (ix) professional ethics and psychoanalytic research methodology; and
29 (x) a minimum of three hundred hours of personal analysis and one
30 hundred fifty hours of supervised analysis;
31 (c) Experience: Have completed a minimum of [fifteen hundred] two
32 thousand hours of supervised clinical practice which shall include diag-
33 nosis, psychotherapy, and assessment-based treatment plans satisfactory
34 to the department and in accordance with the commissioner's regulations.
35 Satisfactory experience obtained in an entity operating under a waiver
36 issued by the department pursuant to section sixty-five hundred three-a
37 of this title may be accepted by the department, notwithstanding that
38 such experience may have been obtained prior to the effective date of
39 such section sixty-five hundred three-a and/or prior to the entity
40 having obtained a waiver. The department may, for good cause shown,
41 accept satisfactory experience that was obtained in a setting that would
42 have been eligible for a waiver but which has not obtained a waiver from
43 the department or experience that was obtained in good faith by the
44 applicant under the belief that appropriate authorization had been
45 obtained for the experience, provided that such experience meets all
46 other requirements for acceptable experience;
47 § 10. The education law is amended by adding a new section 8405-a to
48 read as follows:
49 § 8405-a. Diagnosis privilege. 1. Applicants licensed on January
50 first, two thousand twenty-five or thereafter are authorized to diagnose
51 as provided in paragraph (b) of subdivision two of section eighty-four
52 hundred five of this article and further defined in subdivision three of
53 section eighty-four hundred one of this article without meeting any
54 additional requirements.
55 2. Applicants for license as a psychoanalyst who have been issued a
56 limited permit after successfully completing the requirements of para-
A. 5751 7
1 graph (b) of subdivision two of section eighty-four hundred five of this
2 article, which includes twelve credit hours of clinical courses are
3 authorized to diagnose as provided in paragraph (b) of subdivision three
4 of section eighty-four hundred five of this article, and as defined in
5 subdivision three of section eighty-four hundred one of this article
6 while under supervision.
7 3. For those licensed prior to January first, two thousand twenty-
8 five, shall be granted the privilege to diagnose as provided in para-
9 graph (c) of subdivision one of section eighty-four hundred five of this
10 article, and further defined in subdivision three of section eighty-four
11 hundred one of this article if the licensee fulfills the following
12 requirements:
13 (a) Files an application with the department;
14 (b) Is licensed and registered as a psychoanalyst; and
15 (i) Provides verification of twelve credit hours of clinical course
16 work as defined by the department from a college, university, or insti-
17 tute acceptable to the department; or
18 (ii) Provides verification of a minimum of two years of employment as
19 a licensed psychoanalyst by a licensed supervisor or colleague on forms
20 acceptable to the department, in a program or service operated, regu-
21 lated, funded, or approved by the department of mental hygiene, the
22 office of children and family services, the office of temporary and
23 disability assistance, the department of corrections and community
24 supervision, the state office for the aging, the department of health,
25 or a local governmental unit as that term is defined in article forty-
26 one of the mental hygiene law or a social services district as defined
27 in section sixty-one of the social services law; or
28 (iii) Provides verification of being licensed as a licensed psychoana-
29 lyst for a minimum of three years; and
30 (1) Provides documentation of at least six credit hours of clinical
31 coursework as defined by the department from a college, university, or
32 institute acceptable to the department; or
33 (2) Provides documentation of at least twelve hours of continuing
34 education in clinical coursework subject to section eighty-four hundred
35 twelve-a of this article; and
36 (c) Pays a fee to the department of two hundred twenty dollars.
37 4. A privilege to diagnose issued under this section shall be valid
38 for the life of the holder, unless revoked, annulled, or suspended by
39 the board of regents. Such a privilege shall be subject to the same
40 oversight and disciplinary provisions as licenses issued under this
41 title.
42 § 11. Subdivision 2 of section 8409 of the education law, as amended
43 by chapter 485 of the laws of 2013, is amended to read as follows:
44 2. Limited permits shall be for [two] three years; such limited
45 permits may be renewed, at the discretion of the department, for up to
46 two additional one year periods.
47 § 12. Section 8410 of the education law is amended by adding a new
48 subdivision 11 to read as follows:
49 11. Notwithstanding any provision of law to the contrary, nothing in
50 this section shall be construed to prohibit or limit the activities or
51 services provided under this article on the part of any person who, upon
52 the effective date of this subdivision, is in the employ of a program or
53 service, as defined in this article, for the period during which such
54 person maintains employment in such program or service. This section
55 shall not authorize the use of any title authorized pursuant to this
56 article by any such employed person, except as otherwise provided by
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1 this article respectively. Provided however, that any person who
2 commences employment in such program or service on or after July first,
3 two thousand twenty-one and performs services that are restricted under
4 this article shall be appropriately licensed or authorized under this
5 article.
6 § 13. The education law is amended by adding a new section 8412-a to
7 read as follows:
8 § 8412-a. Continuing education for diagnosis privilege. 1. Continuing
9 education required in clause two of subparagraph (iii) of paragraph (b)
10 of subdivision three of section eighty-four hundred two-a of this arti-
11 cle shall:
12 (a) Be offered by a provider approved by the department pursuant to
13 paragraph (b) of subdivision three of section eighty-four hundred twelve
14 of this article; and
15 (b) In addition to meeting the standards set forth in paragraph (a) of
16 subdivision three of section eighty-four hundred twelve of this article,
17 be determined by the department as providing clinical content in the
18 following areas:
19 (i) Diagnosis in clinical practice;
20 (ii) Assessment based treatment; or
21 (iii) Clinical practice with general and special populations.
22 2. The department shall maintain a list of continuing education
23 approved by the department as meeting the requirements of this section.
24 3. A separate continuing education approval application fee, as deter-
25 mined by the department, shall be applied to providers seeking approval
26 of continuing education that meets the requirements of this section.
27 § 14. This act shall take effect one year after it shall have become a
28 law, provided that sections four, seven and ten of this act shall take
29 effect January 1, 2026. Effective immediately, the addition, amendment
30 and/or repeal of any rule or regulation necessary for the implementation
31 of this act on its effective date are authorized to be made and
32 completed on or before such effective date.