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
________________________________________________________________________
545--B
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. L. ROSENTHAL, OTIS, STIRPE, BENEDETTO, CUSICK,
ABINANTI, FAHY, ZEBROWSKI, DICKENS, PAULIN, HEVESI, CRUZ, REYES, MIKU-
LIN, WALSH, GALLAGHER, JONES, KELLES, FERNANDEZ, LUPARDO, BURGOS,
ZINERMAN, AUBRY, SEAWRIGHT, DINOWITZ, SAYEGH, BICHOTTE HERMELYN,
GUNTHER, ENGLEBRIGHT, CLARK, GOTTFRIED, NIOU, SMITH, ABBATE, FORREST,
JACKSON, HYNDMAN -- Multi-Sponsored by -- M. of A. BRAUNSTEIN,
EPSTEIN, GALEF, LALOR, McDONOUGH, MONTESANO -- read once and referred
to the Committee on Higher Education -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- recommitted to the Committee on Higher Education in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the education law and the social services law, in
relation to the practice of school psychology, and establishing a
pilot program of a multi-tiered system of support to address the
social and emotional needs of students
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 that
2 while significant steps have been taken to address the social and
3 emotional needs of students that have been intensified by the COVID-19
4 pandemic, much more must be done to identify risk factors, develop
5 community response and support strategies and to increase access to
6 mental health services.
7 The legislature intends to build on the initial aggressive efforts of
8 the executive and legislative by recognizing the significant role mental
9 and behavioral health professionals play in identifying the warning
10 signs of social and emotional distress in our children and the maladap-
11 tive behaviors that contribute to mental health crises and suicide. The
12 legislature recognizes that certified school psychologists are uniquely
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00531-07-2
A. 545--B 2
1 qualified to identify the risk and protective factors, coupled with
2 adverse childhood experiences which contribute to the intensified mental
3 health needs in children during the isolation of the COVID-19 pandemic.
4 However, these highly trained specialists are constrained to provide
5 vital services to the school setting only, despite many school psychol-
6 ogists successfully working with students virtually outside of the
7 school setting during the COVID-19 pandemic, a time when students were
8 in great need of support. The legislature finds that the state's
9 mission to address the ever-growing social and emotional needs of
10 students, which have only been intensified by the COVID-19 pandemic,
11 will be advanced through the licensure of school psychologists and the
12 meaningful involvement of these trained practitioners in the development
13 of a school and community based strategy of response and support.
14 § 2. The education law is amended by adding a new article 166-A to
15 read as follows:
16 ARTICLE 166-A
17 SCHOOL PSYCHOLOGY
18 Section 8720. Introduction.
19 8721. Practice of school psychology and use of the title "school
20 psychologist".
21 8722. Definition of the practice of school psychology.
22 8723. Requirements for a professional license.
23 8724. Boundaries of professional competency.
24 8725. Limited permits.
25 8726. Exemptions.
26 8727. Special provisions.
27 § 8720. Introduction. This article applies to the profession and prac-
28 tice of school psychology and to the use of the title "licensed school
29 psychologist". The general provisions for all professions contained in
30 article one hundred thirty of this title apply to this article.
31 § 8721. Practice of school psychology and use of the title "school
32 psychologist". Only a person licensed or exempt under this article
33 shall practice school psychology or use the title "licensed school
34 psychologist".
35 § 8722. Definition of the practice of school psychology. The practice
36 of school psychology is:
37 1. the assessment, including psycho-educational, developmental and
38 vocational assessment, evaluation and interpretation of intelligence,
39 cognitive processes, aptitudes, interests, academic achievement,
40 adjustment, personality factors and motivations, or any other attri-
41 butes, to individuals or groups of individuals aged birth to twenty-five
42 years that relate to learning, education or adjustment needs;
43 2. the development and implementation of educationally-related
44 psychotherapeutic and behavioral approaches to increase school adjust-
45 ment and academic success, counseling and interpretive services to
46 reduce education-related problems including, but not limited to, verbal
47 interaction, interviewing, behavior techniques, developmental and voca-
48 tional intervention, environmental management and group processes;
49 3. consultation with representatives of schools, agencies and organ-
50 izations, families or individuals, including psycho-educational, devel-
51 opmental and vocational assistance or direct educational services,
52 related to learning problems and adjustments to those problems to the
53 benefit of an individual or group of individuals age birth to twenty-
54 five years; and
55 4. the development of programming, including designing, implementing
56 or evaluating educationally and psychologically sound learning environ-
A. 545--B 3
1 ments and the facilitation of psycho-educational development of individ-
2 uals, families or groups.
3 § 8723. Requirements for a professional license. To qualify for a
4 license as a licensed school psychologist, an applicant shall fulfill
5 the following requirements:
6 1. Application: File an application with the department;
7 2. Education: Complete a minimum of sixty graduate semester hours in
8 psychology credits including a master's degree and fulfill the require-
9 ments of an advanced certificate in school psychology or its equivalent
10 or doctoral degree in school psychology from a program registered by the
11 department, or determined by the department to be the substantial equiv-
12 alent in accordance with the commissioner's regulations. The graduate
13 coursework shall include, but not be limited to, the following areas:
14 (i) biological, social and cultural bases of development;
15 (ii) psychopathology and exceptionality in learning and behavior;
16 (iii) assessment and appraisal of learners in home and school
17 contexts;
18 (iv) consultation and collaboration in family, school and community
19 systems;
20 (v) effective instruction and development of cognitive and academic
21 skills;
22 (vi) prevention and treatment of behavioral and emotional disorders
23 and deficits;
24 (vii) school organization, curriculum, policy and law;
25 (viii) research and program evaluation;
26 (ix) profession and ethical practice of psychology in schools; and
27 (x) completion of a twelve hundred hour supervised internship in
28 school psychology, with no less than six hundred hours completed within
29 a school setting.
30 3. Experience: Complete a minimum of two thousand four hundred hours
31 of post-master's supervised experience relevant to the practice of
32 school psychology satisfactory to the board and in accordance with the
33 commissioner's regulations, such supervised experience which may include
34 one thousand two hundred hours completed as part of a program in school
35 psychology. Satisfactory experience obtained in an entity operating
36 under a waiver issued by the department pursuant to section sixty-five
37 hundred three-a of this title may be accepted by the department,
38 notwithstanding that such experience may have been obtained prior to the
39 effective date of such section sixty-five hundred three-a and/or prior
40 to the entity having obtained a waiver. The department may, for good
41 cause shown, accept satisfactory experience that was obtained in a
42 setting that would have been eligible for a waiver but which has not
43 obtained a waiver from the department or experience that was obtained in
44 good faith by the applicant under the belief that appropriate authori-
45 zation had been obtained for the experience, provided that such experi-
46 ence meets all other requirements for acceptable experience;
47 4. Examination: Pass an examination satisfactory to the board and in
48 accordance with the commissioner's regulations;
49 5. Age: Be at least twenty-one years of age;
50 6. Character: Be of good moral character as determined by the depart-
51 ment; and
52 7. Fees: Pay a fee of one hundred seventy-five dollars to the depart-
53 ment for admission to a department conducted examination and for an
54 initial license and a fee of one hundred seventy dollars for each trien-
55 nial registration period.
A. 545--B 4
1 § 8724. Boundaries of professional competency. 1. It shall be deemed
2 practicing outside the boundaries of his or her professional competence
3 for a person licensed pursuant to this article, in the case of treatment
4 of any serious mental illness, to provide any mental health services
5 for such illness on a continuous and sustained basis without a medical
6 evaluation of the illness by, and consultation with, a physician regard-
7 ing such illness. Such medical evaluation and consultation shall be to
8 determine and advise whether any medical care is indicated for such
9 illness. For purposes of this section, "serious mental illness" means
10 schizophrenia, schizoaffective disorder, bipolar disorder, major
11 depressive disorder, panic disorder and obsessive-compulsive disorder.
12 Nothing in this section shall be construed to prevent, limit or impair
13 consultation with any other health or mental health professional. Noth-
14 ing herein contained shall limit, modify, restrict or otherwise affect
15 the definition of the practice of school psychology as provided in
16 section eighty-seven hundred twenty-two of this article.
17 2. Any individual whose license or authority to practice derives from
18 the provisions of this article shall be prohibited from:
19 (a) prescribing or administering drugs as defined in this chapter as a
20 treatment, therapy, or professional service in the practice of his or
21 her profession; or
22 (b) using invasive procedures as a treatment, therapy, or professional
23 service in the practice of his or her profession. For purposes of this
24 subdivision, "invasive procedure" means any procedure in which human
25 tissue is cut, altered, or otherwise infiltrated by mechanical or other
26 means. Invasive procedure includes surgery, lasers, ionizing radiation,
27 therapeutic ultrasound, or electroconvulsive therapy; or
28 (c) engaging in dual setting practice, or otherwise offering or
29 providing private practice services to a student of a school or special
30 education program where the practitioner is currently employed or under
31 contract with such school or program.
32 3. Nothing in this article shall be deemed to authorize, grant or
33 extend hospital privileges to individuals licensed under this article.
34 § 8725. Limited permits. 1. The department may issue a limited permit
35 to an applicant whose qualifications have been approved for admission to
36 the examination in accordance with regulations promulgated therefor.
37 2. Limited permits shall be for one year and be renewed, at the
38 discretion of the department, for one additional year.
39 3. The fee for each limited permit and for each renewal shall be
40 seventy dollars.
41 § 8726. Exemptions. Nothing contained in this article shall be
42 construed to:
43 1. apply to the practice, conduct, activities, services or use of any
44 title by any person licensed or otherwise authorized to practice medi-
45 cine within the state pursuant to article one hundred thirty-one of this
46 title or by any person registered to perform services as a physician
47 assistant within the state pursuant to article one hundred thirty-one-B
48 of this title or by any person licensed or otherwise authorized to prac-
49 tice psychology within this state pursuant to article one hundred
50 fifty-three of this title or by any person licensed or otherwise author-
51 ized to practice as a licensed clinical social worker within this state
52 pursuant to article one hundred fifty-four of this title, or by any
53 person licensed or otherwise authorized to practice nursing as a regis-
54 tered professional nurse within this state pursuant to article one
55 hundred thirty-nine of this title, or by any person licensed or other-
56 wise authorized to practice mental health counseling, marriage and fami-
A. 545--B 5
1 ly therapy, creative arts therapy, or psychoanalysis within the state,
2 or by any person licensed or otherwise authorized to practice applied
3 behavior analysis within the state pursuant to this article; provided,
4 however, that no physician, physician's assistant, registered profes-
5 sional nurse, psychologist, licensed clinical social worker, licensed
6 mental health counselor, licensed marriage and family therapist,
7 licensed creative arts therapist, licensed psychoanalyst or licensed
8 applied behavior analyst may use the title unless licensed under this
9 article;
10 2. prohibit or limit any individual who is credentialed under any law,
11 including attorneys, rape crisis counselors, certified alcoholism coun-
12 selors and certified substance abuse counselors from providing mental
13 health services within their respective established authorities;
14 3. prohibit or limit the practice of a profession licensed pursuant
15 to this article by a student, intern or resident in, and as a part of, a
16 supervised educational program in an institution approved by the depart-
17 ment;
18 4. prohibit or limit the provision of pastoral counseling services by
19 any member of the clergy or Christian Science practitioner, within the
20 context of his or her ministerial charge or obligation;
21 5. prohibit or limit individuals, churches, schools, teachers, organ-
22 izations, or not-for-profit businesses, from providing instruction,
23 advice, support, encouragement, or information to individuals, families,
24 and relational groups;
25 6. prohibit or limit an occupational therapist from performing work
26 consistent with article one hundred fifty-six of this title; or
27 7. affect or prevent the activities or services on the part of a
28 person in the employ of a federal, state, county, or municipal agency,
29 other political subdivision, or a chartered elementary or secondary
30 school or degree-granting educational institution insofar as such activ-
31 ities and services are a part of the duties of such person's salaried
32 position.
33 § 8727. Special provisions. 1. Any nonexempt person practicing the
34 profession of school psychology shall apply for a license of such
35 profession within one year of the effective date of this section.
36 (a) If such person does not meet the requirements for a license estab-
37 lished within this article, such person may meet alternative criteria
38 determined by the department to be the substantial equivalent of such
39 criteria.
40 (b) If such person meets the requirements for a license established
41 within this article, except for examination, and has been certified or
42 registered by a national certifying or registering body having certif-
43 ication or registration standards acceptable to the commissioner, the
44 department shall license without examination.
45 2. Notwithstanding the requirements of section eighty-seven hundred
46 twenty-three of this article, and for a period of time not to exceed two
47 years from the effective date of this article, an individual may be
48 licensed as a school psychologist provided such person has either:
49 (a) met the educational requirements as defined in section eighty-sev-
50 en hundred twenty-three of this article and performed the duties of a
51 school psychologist as authorized by article one hundred fifty-three of
52 this title or any other provision of law, for two of the past five years
53 prior to the effective date of this article; or
54 (b) performed the duties of a school psychologist as authorized by
55 article one hundred fifty-three of this title or any other provision of
A. 545--B 6
1 law, for at least five years prior to the effective date of this arti-
2 cle.
3 3. Any person licensed pursuant to this article may use accepted codes
4 and classifications of signs, symptoms, dysfunctions and disorders, as
5 approved in accordance with regulations promulgated by the department,
6 in the practice of such licensed profession.
7 4. Nothing in this article shall be deemed to alter, modify or affect
8 the provisions of section three thousand twelve or twenty-five hundred
9 ten of this chapter or otherwise affect the certification of a school
10 psychologist.
11 § 3. Paragraph a of subdivision 3 of section 6507 of the education
12 law, as amended by chapter 672 of the laws of 2019, is amended to read
13 as follows:
14 a. Establish standards for preprofessional and professional education,
15 experience and licensing examinations as required to implement the arti-
16 cle for each profession. Notwithstanding any other provision of law, the
17 commissioner shall establish standards requiring that all persons apply-
18 ing, on or after January first, nineteen hundred ninety-one, initially,
19 or for the renewal of, a license, registration or limited permit to be a
20 physician, chiropractor, dentist, registered nurse, podiatrist, optome-
21 trist, psychiatrist, psychologist, licensed school psychologist,
22 licensed master social worker, licensed clinical social worker, licensed
23 creative arts therapist, licensed marriage and family therapist,
24 licensed mental health counselor, licensed psychoanalyst, dental hygien-
25 ist, licensed behavior analyst, or certified behavior analyst assistant
26 shall, in addition to all the other licensure, certification or permit
27 requirements, have completed two hours of coursework or training regard-
28 ing the identification and reporting of child abuse and maltreatment.
29 The coursework or training shall be obtained from an institution or
30 provider which has been approved by the department to provide such
31 coursework or training. The coursework or training shall include infor-
32 mation regarding the physical and behavioral indicators of child abuse
33 and maltreatment and the statutory reporting requirements set out in
34 sections four hundred thirteen through four hundred twenty of the social
35 services law, including but not limited to, when and how a report must
36 be made, what other actions the reporter is mandated or authorized to
37 take, the legal protections afforded reporters, and the consequences for
38 failing to report. Such coursework or training may also include informa-
39 tion regarding the physical and behavioral indicators of the abuse of
40 individuals with [mental retardation and other] developmental disabili-
41 ties and voluntary reporting of abused or neglected adults to the office
42 for people with developmental disabilities or the local adult protective
43 services unit. Each applicant shall provide the department with documen-
44 tation showing that he or she has completed the required training. The
45 department shall provide an exemption from the child abuse and maltreat-
46 ment training requirements to any applicant who requests such an
47 exemption and who shows, to the department's satisfaction, that there
48 would be no need because of the nature of his or her practice for him or
49 her to complete such training;
50 § 4. Section 7602 of the education law, as added by chapter 987 of the
51 laws of 1971, is amended to read as follows:
52 § 7602. State board for psychology. A state board for psychology
53 shall be appointed by the board of regents on recommendation of the
54 commissioner for the purpose of assisting the board of regents and the
55 department on matters of professional licensing and professional conduct
56 in accordance with section sixty-five hundred eight of this title. The
A. 545--B 7
1 board shall be composed of not less than eleven [psychologists licensed
2 in this state] members, a number of whom shall be licensed school
3 psychologists sufficient to assure meaningful participation in board
4 activities. An executive secretary to the board shall be appointed by
5 the board of regents upon the recommendation of the commissioner and
6 shall be a psychologist, licensed in this state.
7 § 5. Paragraph (a) of subdivision 1 of section 413 of the social
8 services law, as amended by section 7 of part C of chapter 57 of the
9 laws of 2018, is amended to read as follows:
10 (a) The following persons and officials are required to report or
11 cause a report to be made in accordance with this title when they have
12 reasonable cause to suspect that a child coming before them in their
13 professional or official capacity is an abused or maltreated child, or
14 when they have reasonable cause to suspect that a child is an abused or
15 maltreated child where the parent, guardian, custodian or other person
16 legally responsible for such child comes before them in their profes-
17 sional or official capacity and states from personal knowledge facts,
18 conditions or circumstances which, if correct, would render the child an
19 abused or maltreated child: any physician; registered physician assist-
20 ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
21 osteopath; optometrist; chiropractor; podiatrist; resident; intern;
22 psychologist; licensed school psychologist; registered nurse; social
23 worker; emergency medical technician; licensed creative arts therapist;
24 licensed marriage and family therapist; licensed mental health counse-
25 lor; licensed psychoanalyst; licensed behavior analyst; certified behav-
26 ior analyst assistant; hospital personnel engaged in the admission,
27 examination, care or treatment of persons; a Christian Science practi-
28 tioner; school official, which includes but is not limited to school
29 teacher, school guidance counselor, school psychologist, school social
30 worker, school nurse, school administrator or other school personnel
31 required to hold a teaching or administrative license or certificate;
32 full or part-time compensated school employee required to hold a tempo-
33 rary coaching license or professional coaching certificate; social
34 services worker; employee of a publicly-funded emergency shelter for
35 families with children; director of a children's overnight camp, summer
36 day camp or traveling summer day camp, as such camps are defined in
37 section thirteen hundred ninety-two of the public health law; day care
38 center worker; school-age child care worker; provider of family or group
39 family day care; employee or volunteer in a residential care facility
40 for children that is licensed, certified or operated by the office of
41 children and family services; or any other child care or foster care
42 worker; mental health professional; substance abuse counselor; alcohol-
43 ism counselor; all persons credentialed by the office of [alcoholism and
44 substance abuse] addiction services and supports; employees, who are
45 expected to have regular and substantial contact with children, of a
46 health home or health home care management agency contracting with a
47 health home as designated by the department of health and authorized
48 under section three hundred sixty-five-l of this chapter or such employ-
49 ees who provide home and community based services under a demonstration
50 program pursuant to section eleven hundred fifteen of the federal social
51 security act who are expected to have regular and substantial contact
52 with children; peace officer; police officer; district attorney or
53 assistant district attorney; investigator employed in the office of a
54 district attorney; or other law enforcement official.
55 § 6. The education department, the office of children and family
56 services, and the office of mental health are hereby directed to estab-
A. 545--B 8
1 lish a multi-tiered system of support (MTSS) model of prevention and
2 intervention utilizing tiered levels of universal support services and
3 secondary and tertiary intervention services to address the social and
4 emotional needs of students, that have been intensified by the COVID-19
5 pandemic, and to pilot such model in communities determined to be mental
6 health professional shortage areas for children under the age of twen-
7 ty-five in New York state. Such model shall be designed with the mean-
8 ingful participation of mental and behavioral health practitioners whose
9 training focuses on the needs of children under the age of twenty-five
10 including, but not limited to, school psychologists, such practitioners
11 being uniquely qualified to implement the model to the fullest extent
12 possible. Such pilot shall be designed for implementation by September
13 1, 2022.
14 § 7. Subparagraph (i) of paragraph a of subdivision 1 of section
15 6503-a of the education law, as amended by chapter 554 of the laws of
16 2013, is amended to read as follows:
17 (i) services provided under article one hundred fifty-four, one
18 hundred sixty-three [or], one hundred sixty-seven or one hundred sixty-
19 six-A of this title for which licensure would be required, or
20 § 8. Severability. If any clause, sentence, paragraph, section or part
21 of this act shall be adjudged by any court of competent jurisdiction to
22 be invalid, the judgment shall not affect, impair, or invalidate the
23 remainder thereof, but shall be confined in its operation to the clause,
24 sentence, paragraph, section or part thereof directly involved in the
25 controversy in which the judgment shall have been rendered.
26 § 9. This act shall take effect twelve months after it shall have
27 become a law; provided, however, that effective immediately the depart-
28 ment of education is authorized to promulgate any and all rules and
29 regulations and take any other measure necessary to implement this act
30 on or before its effective date, including, but not limited to, the
31 appointment of the state board for psychology, the acceptance and proc-
32 essing of applications for licensure and the issuance of licenses; and
33 provided, further, that the provisions of article 166-A of the education
34 law, as added by section two of this act, requiring a license or limited
35 permit to practice under such article shall not be enforced until twen-
36 ty-four months after the effective date of this act.
