Requires clinical experience for certain mental health practitioners; allows such practitioners to make assessment-based treatment plans; makes related provisions.
STATE OF NEW YORK
________________________________________________________________________
5389
2023-2024 Regular Sessions
IN SENATE
March 3, 2023
___________
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to education requirements
and authorization to develop assessment-based treatment plans for
certain mental health practitioners; and providing for the repeal of
such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 8410 of the education law is amended by adding a
2 new subdivision 12 to read as follows:
3 12. Prohibit or limit the activities or services on the part of any
4 person in the employ of a program or service operated, regulated, fund-
5 ed, or approved by the department of mental hygiene, the office of chil-
6 dren and family services, the office of temporary and disability assist-
7 ance, the department of corrections and community supervision, the state
8 office for the aging, the department of health, or a local governmental
9 unit as such term is defined in article forty-one of the mental hygiene
10 law, or a social services district as defined in section sixty-one of
11 the social services law, provided, however, this subdivision shall not
12 authorize the use of any license authorized pursuant to this article.
13 § 2. Section 7706 of the education law is amended by adding a new
14 subdivision 9 to read as follows:
15 9. Prohibit or limit the activities or services on the part of any
16 person in the employ of a program or service operated, regulated, fund-
17 ed, or approved by the department of mental hygiene, the office of chil-
18 dren and family services, the office of temporary and disability assist-
19 ance, the department of corrections and community supervision, the state
20 office for the aging, the department of health, or a local governmental
21 unit as such term is defined in article forty-one of the mental hygiene
22 law, or a social services district as defined in section sixty-one of
23 the social services law, provided, however, this subdivision shall not
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08659-01-3
S. 5389 2
1 authorize the use of any license authorized pursuant to article one
2 hundred sixty-three of this title.
3 § 3. Section 7605 of the education law is amended by adding a new
4 subdivision 14 to read as follows:
5 14. The activities or services on the part of any person in the employ
6 of a program or service operated, regulated, funded, or approved by the
7 department of mental hygiene, the office of children and family
8 services, the office of temporary and disability assistance, the depart-
9 ment of corrections and community supervision, the state office for the
10 aging, the department of health, or a local governmental unit as such
11 term is defined in article forty-one of the mental hygiene law, or a
12 social services district as defined in section sixty-one of the social
13 services law, provided, however, this subdivision shall not authorize
14 the use of any license authorized pursuant to article one hundred
15 sixty-three of this title.
16 § 4. This act shall take effect June 24, 2023 and shall expire January
17 1, 2026 when upon such date the provisions of this act shall be deemed
18 repealed. Effective immediately, the addition, amendment and/or repeal
19 of any rule or regulation necessary for the implementation of this act
20 on or before its effective date are authorized to be made and completed
21 on or before such effective date.
