S03036 Summary:

BILL NOS03036A
 
SAME ASSAME AS A02033-A
 
SPONSORBROUK
 
COSPNSRADDABBO, BAILEY, HELMING, HOYLMAN-SIGAL, JACKSON, MAY, ORTT, PALUMBO, ROLISON, SCARCELLA-SPANTON, SKOUFIS
 
MLTSPNSR
 
Add Art 153-A §§7620 - 7627, amd §§6507, 6503-a & 7602, Ed L; amd §413, Soc Serv L
 
Provides for the licensure of school psychology practitioners; authorizes the use of the title "licensed school psychology practitioner" to licensed or exempt individuals; defines practice of licensed school psychology practitioners; 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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S03036 Actions:

BILL NOS03036A
 
01/26/2023REFERRED TO EDUCATION
05/16/2023REFERENCE CHANGED TO HIGHER EDUCATION
06/01/2023COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/01/2023ORDERED TO THIRD READING CAL.1469
06/06/2023PASSED SENATE
06/06/2023DELIVERED TO ASSEMBLY
06/06/2023referred to higher education
01/03/2024died in assembly
01/03/2024returned to senate
01/03/2024REFERRED TO HIGHER EDUCATION
05/21/20241ST REPORT CAL.1330
05/22/20242ND REPORT CAL.
05/23/2024ADVANCED TO THIRD READING
05/28/2024AMENDED ON THIRD READING (T) 3036A
06/03/2024PASSED SENATE
06/03/2024DELIVERED TO ASSEMBLY
06/03/2024referred to higher education
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S03036 Committee Votes:

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S03036 Floor Votes:

There are no votes for this bill in this legislative session.
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S03036 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3036--A
            Cal. No. 1330
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    January 26, 2023
                                       ___________
 
        Introduced  by  Sens.  BROUK,  ADDABBO,  BAILEY, HELMING, HOYLMAN-SIGAL,
          JACKSON, MAY, ORTT, PALUMBO, SCARCELLA-SPANTON, SKOUFIS -- read  twice
          and ordered printed, and when printed to be committed to the Committee
          on  Education  --  recommitted to the Committee on Higher Education in
          accordance with Senate Rule 6, sec. 8 -- 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  and the social services law, in
          relation to the practice of a licensed school psychology practitioner
 
          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 to ensure  services  are
     8  available  for  children, youth, and their parents to seek the help they
     9  need by allowing school psychology professionals to assist  these  indi-
    10  viduals  outside  of  a  traditional setting. The legislature finds that
    11  increasing the number of trained professionals who are able  to  provide
    12  mental  health  services outside of an educational setting will be posi-
    13  tive for the children, parents, school, and society.  School  psychology
    14  professionals  are trained and educated in psychopathology, the psychol-
    15  ogy of learning, motivation and human development in  order  to  address
    16  the  many  factors  influencing  their  adjustment  in  school and life.
    17  Accordingly, these factors may  include  trauma,  social  and  emotional
    18  adjustment,  inequitable  and historically marginalized community condi-
    19  tions, school  climate,  and  home/school/community  collaboration.  The
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05604-04-4

        S. 3036--A                          2
 
     1  legislature  therefore declares that by addressing the needs of children
     2  through  prevention  services,  assessments  and/or  counseling,  school
     3  psychology  professionals  can contribute to their future success. It is
     4  important  that  school  psychology  professionals  are held to specific
     5  standards and requirements that will ensure competent services.
     6    § 2. The education law is amended by adding a  new  article  153-A  to
     7  read as follows:
     8                                ARTICLE 153-A
     9                   LICENSED SCHOOL PSYCHOLOGY PRACTITIONER
    10  Section 7620. Introduction.
    11          7621. Practice  of  licensed  school psychology practitioner and
    12                  use of the title "licensed school psychology practition-
    13                  er".
    14          7622. Definition of the practice of a licensed school psychology
    15                  practitioner.
    16          7623. Requirements for a professional license.
    17          7624. Boundaries of professional competency.
    18          7625. Limited permits.
    19          7626. Exemptions.
    20          7627. Special provisions.
    21    § 7620. Introduction. This article applies to the profession and prac-
    22  tice of a licensed school psychology practitioner and to the use of  the
    23  title "licensed school psychology practitioner".  The general provisions
    24  for  all  professions  contained  in  article one hundred thirty of this
    25  title apply to this article.
    26    § 7621. Practice of licensed school psychology practitioner and use of
    27  the title "licensed school psychology  practitioner".    Only  a  person
    28  licensed  or  exempt  under  this  article  shall practice as a licensed
    29  school  psychology  practitioner  or  use  the  title  "licensed  school
    30  psychology practitioner".
    31    §  7622.  Definition  of  the practice of a licensed school psychology
    32  practitioner. The practice of a licensed school psychology  practitioner
    33  is:
    34    1.  the  assessment,  including  psycho-educational, developmental and
    35  vocational assessment, evaluation and  interpretation  of  intelligence,
    36  cognitive processes, aptitudes, interests, academic achievement, adjust-
    37  ment,  personality  factors and motivations, or any other attributes, to
    38  individuals or groups of individuals aged birth to twenty-two years that
    39  relate to learning, education or adjustment needs;
    40    2.  the  development  and  implementation   of   educationally-related
    41  psychotherapeutic  and  behavioral approaches to increase school adjust-
    42  ment and academic  success,  counseling  and  interpretive  services  to
    43  reduce  education-related problems including, but not limited to, verbal
    44  interaction, interviewing, behavior techniques, developmental and  voca-
    45  tional intervention, environmental management and group processes;
    46    3.  consultation  with representatives of schools, agencies and organ-
    47  izations, families or individuals, including psycho-educational,  devel-
    48  opmental  and  vocational    assistance  or direct educational services,
    49  related to learning problems and adjustments to those  problems  to  the
    50  benefit  of  an individual or group of individuals aged birth to twenty-
    51  two years; and
    52    4. the development of programming, including  designing,  implementing
    53  or  evaluating educationally and psychologically sound learning environ-
    54  ments and the facilitation of psycho-educational development of individ-
    55  uals, families or groups.

        S. 3036--A                          3
 
     1    § 7623.  Requirements for a professional license.  To  qualify  for  a
     2  license as a licensed school psychology practitioner, an applicant shall
     3  fulfill the following requirements:
     4    1. Application: File an application with the department;
     5    2.  Education:  Complete a minimum of sixty graduate semester hours in
     6  psychology credits including a master's degree and fulfill the  require-
     7  ments  of  an  advanced degree in school psychology or its equivalent or
     8  doctoral degree in school psychology from a program  registered  by  the
     9  department, or determined by the department to be the substantial equiv-
    10  alent  in  accordance with the commissioner's regulations.  The graduate
    11  coursework shall reflect the training and credentialing standards estab-
    12  lished by a national certifying body having  school  psychology  certif-
    13  ication  or  regional  standards  acceptable  to  the  commissioner  and
    14  include, but not be limited to, the following areas:
    15    (i) biological, social and cultural bases of development;
    16    (ii) psychopathology and exceptionality in learning and behavior;
    17    (iii)  assessment  and  appraisal  of  learners  in  home  and  school
    18  contexts;
    19    (iv)  consultation  and  collaboration in family, school and community
    20  systems;
    21    (v) effective instruction and development of  cognitive  and  academic
    22  skills;
    23    (vi)  prevention  and  treatment of behavioral and emotional disorders
    24  and deficits;
    25    (vii) school organization, curriculum, policy and law;
    26    (viii) research and program evaluation;
    27    (ix) professional and ethical practice of psychology in schools; and
    28    (x) completion of a  twelve  hundred  hour  supervised  internship  in
    29  school  psychology, with no less than six hundred hours completed within
    30  a school setting  or  such  other  setting  otherwise  governed  by  the
    31  provisions  of  section sixty-five hundred three-a or sixty-five hundred
    32  three-b of this title relating to waivers for entities providing profes-
    33  sional services.
    34    3. Experience: Complete a minimum of two thousand four  hundred  hours
    35  of  post-master's  supervised  experience  relevant  to  the practice of
    36  school psychology satisfactory to the board and in accordance  with  the
    37  commissioner's regulations, such supervised experience which may include
    38  one  thousand two hundred hours completed as part of a program in school
    39  psychology. Satisfactory experience  obtained  in  an  entity  operating
    40  under  a  waiver issued by the department pursuant to section sixty-five
    41  hundred three-a of  this  title  may  be  accepted  by  the  department,
    42  notwithstanding that such experience may have been obtained prior to the
    43  effective  date  of such section sixty-five hundred three-a and/or prior
    44  to the entity having obtained a waiver. The  department  may,  for  good
    45  cause  shown,  accept  satisfactory  experience  that  was obtained in a
    46  setting that would have been eligible for a waiver  but  which  has  not
    47  obtained a waiver from the department or experience that was obtained in
    48  good  faith  by the applicant under the belief that appropriate authori-
    49  zation had been obtained for the experience, provided that such  experi-
    50  ence meets all other requirements for acceptable experience;
    51    4.  Examination:  Pass an examination satisfactory to the board and in
    52  accordance with the commissioner's regulations;
    53    5. Age: Be at least twenty-one years of age;
    54    6. Character: Be of good moral character as determined by the  depart-
    55  ment; and

        S. 3036--A                          4
 
     1    7.  Fees: Pay a fee of one hundred seventy-five dollars to the depart-
     2  ment for admission to a department  conducted  examination  and  for  an
     3  initial license and a fee of one hundred seventy dollars for each trien-
     4  nial registration period.
     5    §  7624. Boundaries of professional competency. 1.  It shall be deemed
     6  practicing outside the boundaries of a person's professional  competence
     7  for a person licensed pursuant to this article, in the case of treatment
     8  of  any  serious  mental illness, to provide  any mental health services
     9  for such illness on a continuous and sustained basis without a   medical
    10  evaluation of the illness by, and consultation with, a physician regard-
    11  ing such  illness.  Such medical evaluation and consultation shall be to
    12  determine  and  advise  whether  any  medical care is indicated for such
    13  illness. For purposes of this section,  "serious mental  illness"  means
    14  schizophrenia,   schizoaffective  disorder,  bipolar  disorder,    major
    15  depressive disorder, panic disorder and  obsessive-compulsive  disorder.
    16  Nothing  in  this section shall be construed to prevent, limit or impair
    17  consultation with any other health or mental health professional.  Noth-
    18  ing herein contained shall limit, modify, restrict or  otherwise  affect
    19  the  definition  of the practice of a licensed school psychology practi-
    20  tioner as provided in section seventy-six  hundred  twenty-two  of  this
    21  article.
    22    2.  Any individual whose license or authority to practice derives from
    23  the provisions of this article shall be prohibited from:
    24    (a) prescribing or administering drugs as defined in this chapter as a
    25  treatment, therapy, or professional service  in  the  practice  of  such
    26  individual's profession;
    27    (b) using invasive procedures as a treatment, therapy, or professional
    28  service in the practice of such individual's profession. For purposes of
    29  this  subdivision,  "invasive  procedure"  means  any procedure in which
    30  human tissue is cut, altered, or otherwise infiltrated by mechanical  or
    31  other  means.    Invasive  procedure  includes surgery, lasers, ionizing
    32  radiation, therapeutic ultrasound, or electroconvulsive therapy; or
    33    (c) engaging in  dual  setting  practice,  or  otherwise  offering  or
    34  providing  private practice services to a student of a school or special
    35  education program where the practitioner is currently employed or  under
    36  contract with such school or program.
    37    3.  Nothing  in  this  article  shall be deemed to authorize, grant or
    38  extend hospital privileges to individuals licensed under this article.
    39    § 7625. Limited permits.  1. The department may issue a limited permit
    40  to an applicant whose qualifications have been approved for admission to
    41  the examination in accordance with regulations promulgated therefor.
    42    2. Limited permits shall be for two  years  and  be  renewed,  at  the
    43  discretion of the department, for one additional year.
    44    3.  The  fee  for  each  limited  permit and for each renewal shall be
    45  seventy dollars.
    46    § 7626.  Exemptions.  Nothing  contained  in  this  article  shall  be
    47  construed to:
    48    1.  apply to the practice, conduct, activities, services or use of any
    49  title by any person licensed or otherwise authorized to  practice  medi-
    50  cine within the state pursuant to article one hundred thirty-one of this
    51  title  or  by  any  person registered to perform services as a physician
    52  assistant within the state pursuant to article one hundred  thirty-one-B
    53  of this title or by any person licensed or otherwise authorized to prac-
    54  tice  psychology  within  this  state  pursuant  to  article one hundred
    55  fifty-three of this title or by any person licensed or otherwise author-
    56  ized to practice as a licensed clinical social worker within this  state

        S. 3036--A                          5
 
     1  pursuant  to  article  one  hundred  fifty-four of this title, or by any
     2  person licensed or otherwise authorized to practice nursing as a  regis-
     3  tered  professional  nurse  within  this state pursuant   to article one
     4  hundred  thirty-nine  of this title, or by any person licensed or other-
     5  wise authorized to practice mental health counseling, marriage and fami-
     6  ly therapy, creative  arts therapy, or psychoanalysis within the  state,
     7  or  by  any  person licensed or otherwise authorized to practice applied
     8  behavior analysis within the state pursuant to this  article;  provided,
     9  however,  that  no  physician, physician's assistant, registered profes-
    10  sional nurse, psychologist, licensed clinical  social  worker,  licensed
    11  mental   health  counselor,  licensed  marriage  and  family  therapist,
    12  licensed creative arts therapist,  licensed  psychoanalyst  or  licensed
    13  applied  behavior  analyst  may use the title unless licensed under this
    14  article;
    15    2. prohibit or limit any individual who is credentialed under any law,
    16  including attorneys, rape crisis counselors, certified alcoholism  coun-
    17  selors  and  certified  substance abuse counselors from providing mental
    18  health services within their respective established authorities;
    19    3. prohibit or limit the  practice of a profession  licensed  pursuant
    20  to this article by a student, intern or resident in, and as a part of, a
    21  supervised educational program in an institution approved by the depart-
    22  ment;
    23    4.  prohibit or limit the provision of pastoral counseling services by
    24  any member of the clergy or Christian Science practitioner,  within  the
    25  context of such member of the clergy or Christian Science practitioner's
    26  ministerial  charge or obligation;
    27    5.  prohibit or limit individuals, churches, schools, teachers, organ-
    28  izations, or  not-for-profit  businesses,  from  providing  instruction,
    29  advice, support, encouragement, or information to individuals, families,
    30  and relational groups;
    31    6.  prohibit  or  limit an occupational therapist from performing work
    32  consistent with article one hundred fifty-six of this title;
    33    7. affect or prevent the activities or  services  on  the  part  of  a
    34  person  in  the employ of a federal, state, county, or municipal agency,
    35  other political subdivision, or  a  chartered  elementary  or  secondary
    36  school or degree-granting educational institution insofar as such activ-
    37  ities  and  services  are a part of the duties of such person's salaried
    38  position; or
    39    8. impair or affect the conduct, activities or services of  a  techni-
    40  cian  to  administer  and  score standardized objective (non-projective)
    41  psychological or neuropsychological tests which have specific  predeter-
    42  mined  and  manualized  administrative procedures which entail observing
    43  and describing test behavior  and  test  responses,  and  which  do  not
    44  require  evaluation,  interpretation  or  other judgments as provided in
    45  subdivision eleven of section seventy-six hundred five of this title.
    46    § 7627. Special provisions. 1. Any  nonexempt  person  practicing  the
    47  profession  of licensed school psychology practitioner shall apply for a
    48  license of such profession within one year of the effective date of this
    49  section.
    50    (a) If such person does not meet the requirements for a license estab-
    51  lished within this article, such person may  meet  alternative  criteria
    52  determined  by  the  department to be the substantial equivalent of such
    53  criteria.
    54    (b) If such person meets the requirements for  a  license  established
    55  within  this  article, except for examination, and has been certified or
    56  registered by a national certifying or registering body  having  certif-

        S. 3036--A                          6
 
     1  ication  or  registration standards acceptable to  the commissioner, the
     2  department shall license without examination.
     3    2.  Notwithstanding  the  requirements  of section seventy-six hundred
     4  twenty-three of this article, and for a period of time not to exceed two
     5  years from the effective date of this  article,  an  individual  may  be
     6  licensed  as  a  school psychology practitioner provided such person has
     7  either:
     8    (a) met the educational requirements as defined in section seventy-six
     9  hundred twenty-three of this article  and  performed  the  duties  of  a
    10  school  psychologist as authorized by article one hundred fifty-three of
    11  this title or any other provision of law, for two of the past five years
    12  prior to the effective date of this article; or
    13    (b) performed the duties of a school  psychologist  as  authorized  by
    14  article  one hundred fifty-three of this title or any other provision of
    15  law, for at least five years prior to the effective date of  this  arti-
    16  cle.
    17    3. Any person licensed pursuant to this article may use accepted codes
    18  and  classifications  of signs, symptoms, dysfunctions and disorders, as
    19  approved in accordance with regulations  promulgated by the  department,
    20  in the practice of such licensed profession.
    21    4.  Nothing in this article shall be deemed to alter, modify or affect
    22  the provisions of section three thousand twelve or  twenty-five  hundred
    23  ten  of  this  chapter or otherwise affect the certification of a school
    24  psychologist.
    25    § 3. Paragraph a of subdivision 3 of section  6507  of  the  education
    26  law,  as  amended by chapter 479 of the laws of 2022, is amended to read
    27  as follows:
    28    a. Establish standards for preprofessional and professional education,
    29  experience and licensing examinations as required to implement the arti-
    30  cle for each profession. Notwithstanding any other provision of law, the
    31  commissioner shall establish standards requiring that all persons apply-
    32  ing, on or after January first, nineteen hundred ninety-one,  initially,
    33  or for the renewal of, a license, registration or limited permit to be a
    34  physician,  chiropractor, dentist, registered nurse, podiatrist, optome-
    35  trist, psychiatrist, psychologist, licensed  school  psychology  practi-
    36  tioner,  licensed master social worker, licensed clinical social worker,
    37  licensed creative arts therapist, licensed marriage  and  family  thera-
    38  pist,  licensed  mental health counselor, licensed psychoanalyst, dental
    39  hygienist, licensed behavior  analyst,  or  certified  behavior  analyst
    40  assistant  shall,  in addition to all the other licensure, certification
    41  or permit requirements, have completed two hours of coursework or train-
    42  ing regarding the  identification  and  reporting  of  child  abuse  and
    43  maltreatment.  The  coursework  or  training  shall  be obtained from an
    44  institution or provider which has been approved  by  the  department  to
    45  provide  such  coursework  or training. The coursework or training shall
    46  include information regarding the physical and behavioral indicators  of
    47  child  abuse  and  maltreatment and the statutory reporting requirements
    48  set out in sections four hundred thirteen through four hundred twenty of
    49  the social services law, including but not limited to, when  and  how  a
    50  report  must  be  made,  what  other actions the reporter is mandated or
    51  authorized to take, the legal protections afforded  reporters,  and  the
    52  consequences for failing to report. Such coursework or training may also
    53  include  information regarding the physical and behavioral indicators of
    54  the abuse of individuals with developmental disabilities  and  voluntary
    55  reporting  of  abused  or neglected adults to the office for people with
    56  developmental disabilities or the local adult protective services  unit.

        S. 3036--A                          7
 
     1  Each  applicant  shall provide the department with documentation showing
     2  that [he or she] such applicant has completed the required training. The
     3  department shall provide an exemption from the child abuse and maltreat-
     4  ment  training  requirements  to  any  applicant  who  requests  such an
     5  exemption and who shows, to the department's  satisfaction,  that  there
     6  would  be no need because of the nature of [his or her] such applicant's
     7  practice for [him or her] such applicant to complete such training;
     8    § 4. Paragraph a of subdivision 3 of section  6507  of  the  education
     9  law,  as  amended by chapter 733 of the laws of 2023, is amended to read
    10  as follows:
    11    a. Establish standards for preprofessional and professional education,
    12  experience and licensing examinations as required to implement the arti-
    13  cle for each profession. Notwithstanding any other provision of law, the
    14  commissioner shall establish standards requiring that all persons apply-
    15  ing, on or after January first, nineteen hundred ninety-one,  initially,
    16  or for the renewal of, a license, registration or limited permit to be a
    17  physician,  chiropractor, dentist, registered nurse, podiatrist, optome-
    18  trist, psychiatrist, psychologist, licensed  school  psychology  practi-
    19  tioner,  licensed master social worker, licensed clinical social worker,
    20  licensed creative arts therapist, licensed marriage  and  family  thera-
    21  pist,  licensed  mental health counselor, licensed psychoanalyst, dental
    22  hygienist, licensed behavior analyst, certified behavior analyst assist-
    23  ant, or athletic trainer shall, in addition to all the other  licensure,
    24  certification  or  permit  requirements,  have  completed  two  hours of
    25  coursework or training regarding the  identification  and  reporting  of
    26  child  abuse  and  maltreatment.  The  coursework  or  training shall be
    27  obtained from an institution or provider which has been approved by  the
    28  department  to  provide  such  coursework or training. The coursework or
    29  training shall include information regarding the physical and behavioral
    30  indicators of child abuse and maltreatment and the  statutory  reporting
    31  requirements  set  out  in  sections  four hundred thirteen through four
    32  hundred twenty of the social services law, including but not limited to,
    33  when and how a report must be made, what other actions the  reporter  is
    34  mandated  or  authorized  to take, the legal protections afforded repor-
    35  ters, and the consequences for failing to  report.  Such  coursework  or
    36  training  may also include information regarding the physical and behav-
    37  ioral indicators of the abuse of individuals with developmental disabil-
    38  ities and voluntary reporting of  abused  or  neglected  adults  to  the
    39  office  for  people  with  developmental disabilities or the local adult
    40  protective services unit.  Each applicant shall provide  the  department
    41  with documentation showing that [he or she] such applicant has completed
    42  the  required  training.  The department shall provide an exemption from
    43  the child abuse and maltreatment training requirements to any  applicant
    44  who requests such an exemption and who shows, to the department's satis-
    45  faction,  that  there  would be no need because of the nature of [his or
    46  her] such applicant's practice  for  [him  or  her]  such  applicant  to
    47  complete such training;
    48    § 5. Section 7602 of the education law, as added by chapter 987 of the
    49  laws of 1971, is amended to read as follows:
    50    § 7602. State  board  for  psychology.    A state board for psychology
    51  shall be appointed by the board of  regents  on  recommendation  of  the
    52  commissioner  for  the purpose of assisting the board of regents and the
    53  department on matters of professional licensing and professional conduct
    54  in accordance with section sixty-five hundred eight of this title.   The
    55  board  shall be composed of not less than eleven [psychologists licensed
    56  in this state] members, seven of whom shall be  licensed  psychologists,

        S. 3036--A                          8
 
     1  two of whom shall be licensed school psychology practitioners and two of
     2  whom shall be public members.  An executive secretary to the board shall
     3  be  appointed  by  the  board  of regents upon the recommendation of the
     4  commissioner and shall be a psychologist, licensed in this state.
     5    §  6.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
     6  services law, as amended by section 7 of part C of  chapter  57  of  the
     7  laws of 2018, is amended to read as follows:
     8    (a)  The  following  persons  and  officials are required to report or
     9  cause a report to be made in accordance with this title when  they  have
    10  reasonable  cause  to  suspect  that a child coming before them in their
    11  professional or official capacity is an abused or maltreated  child,  or
    12  when  they have reasonable cause to suspect that a child is an abused or
    13  maltreated child where the parent, guardian, custodian or  other  person
    14  legally  responsible  for  such child comes before them in their profes-
    15  sional or official capacity and states from  personal  knowledge  facts,
    16  conditions or circumstances which, if correct, would render the child an
    17  abused  or maltreated child: any physician; registered physician assist-
    18  ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
    19  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
    20  psychologist; licensed school psychology practitioner; registered nurse;
    21  social worker; emergency  medical  technician;  licensed  creative  arts
    22  therapist;  licensed  marriage  and  family  therapist;  licensed mental
    23  health counselor; licensed  psychoanalyst;  licensed  behavior  analyst;
    24  certified  behavior analyst assistant; hospital personnel engaged in the
    25  admission, examination,  care  or  treatment  of  persons;  a  Christian
    26  Science practitioner; school official, which includes but is not limited
    27  to  school  teacher,  school  guidance  counselor,  school psychologist,
    28  school social worker, school nurse, school administrator or other school
    29  personnel required to hold  a  teaching  or  administrative  license  or
    30  certificate;  full  or part-time compensated school employee required to
    31  hold a temporary coaching license or professional coaching  certificate;
    32  social  services worker; employee of a publicly-funded emergency shelter
    33  for families with children; director of  a  children's  overnight  camp,
    34  summer  day camp or traveling summer day camp, as such camps are defined
    35  in section thirteen hundred ninety-two of the  public  health  law;  day
    36  care  center worker; school-age child care worker; provider of family or
    37  group family day care; employee  or  volunteer  in  a  residential  care
    38  facility  for  children  that  is licensed, certified or operated by the
    39  office of children and family services;  or  any  other  child  care  or
    40  foster  care worker; mental health professional; substance abuse counse-
    41  lor; alcoholism counselor; all persons credentialed  by  the  office  of
    42  [alcoholism  and  substance  abuse]  addiction  services  and  supports;
    43  employees, who are expected to have regular and substantial contact with
    44  children, of a  health  home  or  health  home  care  management  agency
    45  contracting with a health home as designated by the department of health
    46  and  authorized under section three hundred sixty-five-l of this chapter
    47  or such employees who provide home and community based services under  a
    48  demonstration  program pursuant to section eleven hundred fifteen of the
    49  federal social security  act  who  are  expected  to  have  regular  and
    50  substantial  contact  with  children;  peace  officer;  police  officer;
    51  district attorney or assistant district attorney; investigator  employed
    52  in the office of a district attorney; or other law enforcement official.
    53    §  7.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
    54  services law, as amended by chapter 733 of the laws of 2023, is  amended
    55  to read as follows:

        S. 3036--A                          9
 
     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  athletic trainer; psychologist; licensed school psychology practitioner;
    14  registered nurse; social worker; emergency medical technician;  licensed
    15  creative   arts  therapist;  licensed  marriage  and  family  therapist;
    16  licensed  mental  health  counselor;  licensed  psychoanalyst;  licensed
    17  behavior analyst; certified behavior analyst assistant; hospital person-
    18  nel engaged in the admission, examination, care or treatment of persons;
    19  a Christian Science practitioner; school official, which includes but is
    20  not  limited  to  school  teacher,  school  guidance  counselor,  school
    21  psychologist, school social worker, school nurse,  school  administrator
    22  or  other school personnel required to hold a teaching or administrative
    23  license or certificate; full or part-time  compensated  school  employee
    24  required  to  hold a temporary coaching license or professional coaching
    25  certificate; social services worker; employee of a publicly-funded emer-
    26  gency shelter for families with children; director of a children's over-
    27  night camp, summer day camp or traveling summer day camp, as such  camps
    28  are  defined in section thirteen hundred ninety-two of the public health
    29  law; day care center worker; school-age child care worker;  provider  of
    30  family  or group family day care; employee or volunteer in a residential
    31  care facility for children that is licensed, certified  or  operated  by
    32  the  office  of children and family services; or any other child care or
    33  foster care worker; mental health professional; substance abuse  counse-
    34  lor;  alcoholism  counselor;  all  persons credentialed by the office of
    35  alcoholism and substance abuse services; employees, who are expected  to
    36  have  regular and substantial contact with children, of a health home or
    37  health home care management agency contracting with  a  health  home  as
    38  designated  by  the  department  of  health and authorized under section
    39  three hundred sixty-five-l of this chapter or such employees who provide
    40  home and community based services under a demonstration program pursuant
    41  to 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    § 8. Subparagraph (i) of paragraph  a  of  subdivision  1  of  section
    47  6503-a  of  the  education law, as amended by chapter 554 of the laws of
    48  2013, is amended to read as follows:
    49    (i) services provided under article  one  hundred  fifty-three-A,  one
    50  hundred  fifty-four,  one hundred sixty-three or one hundred sixty-seven
    51  of this title for which licensure would be required, or
    52    § 9. Severability. If any clause, sentence, paragraph, section or part
    53  of this act shall be adjudged by any court of competent jurisdiction  to
    54  be  invalid,  the  judgment  shall not affect, impair, or invalidate the
    55  remainder thereof, but shall be confined in its operation to the clause,

        S. 3036--A                         10
 
     1  sentence, paragraph, section or part thereof directly  involved  in  the
     2  controversy in which the judgment shall have been rendered.
     3    §  10.  This act shall take effect eighteen months after it shall have
     4  become a law; provided, however, that:
     5    (a) sections four and seven of this act shall take effect on the  same
     6  date  and in the same manner as sections 10 and 12 of chapter 733 of the
     7  laws of 2023 take effect;
     8    (b) effective immediately the department of education is authorized to
     9  promulgate any and all rules and regulations and take any other  measure
    10  necessary to implement this act on or before its effective date, includ-
    11  ing, but not limited to, the appointment of the state board for psychol-
    12  ogy, the acceptance and processing of applications for licensure and the
    13  issuance of licenses; and
    14    (c)  the provisions of article 153-A of the education law, as added by
    15  section two of this act, requiring a license or limited permit to  prac-
    16  tice  under  such article shall not be enforced until twenty-four months
    17  after the effective date of this act.
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