Exempts certain persons who administer and score objective psychological tests from provisions of law relating to the practice of the profession of psychology.
STATE OF NEW YORK
________________________________________________________________________
1865--B
Cal. No. 1286
2015-2016 Regular Sessions
IN SENATE
January 15, 2015
___________
Introduced by Sens. VALESKY, AVELLA, CARLUCCI, DeFRANCISCO, FUNKE,
RITCHIE, ROBACH -- read twice and ordered printed, and when printed to
be committed to the Committee on Higher Education -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- reported favorably from said committee, ordered
to first and second report, ordered to a third reading, amended and
ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the education law, in relation to exempt persons under
the profession of psychology
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 7605 of the education law is amended by adding a
2 new subdivision 11 to read as follows:
3 11. The conduct, activities or services of a technician to administer
4 and score standardized objective (non-projective) psychological or
5 neuropsychological tests which have specific predetermined and manual-
6 ized administrative procedures which entail observing and describing
7 test behavior and test responses, and which do not require evaluation,
8 interpretation or other judgments; provided, however, that such techni-
9 cian shall: (i) hold no less than a Bachelor's degree in psychology or a
10 related field; (ii) undergo a process of regular training by a licensed
11 psychologist, which shall include, but not be limited to a minimum of
12 eighty total hours of (a) professional ethics, (b) studying and master-
13 ing information from test manuals, and (c) direct observation of a
14 licensed psychologist or trained technician administering and scoring
15 tests, in addition to a minimum of forty total hours of administering
16 and scoring tests in the presence of a licensed psychologist or trained
17 technician, provided such interaction with the licensed psychologist
18 equals or exceeds fifty percent of the total training time; (iii) be
19 under the direct and ongoing supervision of a licensed psychologist in
20 no greater than a 3:1 ratio or the part time equivalent thereto; (iv)
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07643-03-5
S. 1865--B 2
1 not be employed within a school setting and (v) not select tests,
2 analyze patient data or communicate results to patients. The supervising
3 licensed psychologist must submit, pursuant to a form to be prescribed
4 and developed within ninety days of the effective date of this subdivi-
5 sion by the department, a sworn statement detailing compliance with the
6 above requirements. The licensed psychologist's use of such individual
7 pursuant to the terms of this subdivision shall be undertaken only with
8 special care and professional judgment in order to ensure the safety and
9 well-being of the patient considering the severity of the symptoms, the
10 age of the patient and the length of the examination process, and shall
11 include appropriate ongoing contact with the licensed psychologist at
12 appropriate intervals. Such use shall be subject to the full discipli-
13 nary and regulatory authority of the board of regents and the department
14 pursuant to this title. The licensed psychologist must notify the
15 patient or designated health care surrogate that the licensed psychol-
16 ogist may utilize the services of a technician to administer certain
17 exams, and must provide the patient or designated health care surrogate
18 the opportunity to object to the licensed psychologist's plan to utilize
19 a technician.
20 § 2. This act shall take effect immediately.
