senate Bill S4176B

Exempts certain persons who administer and score objective psychological tests from provisions of law relating to the practice of the profession of psychology

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 13 / Mar / 2013
    • REFERRED TO HIGHER EDUCATION
  • 06 / May / 2013
    • AMEND AND RECOMMIT TO HIGHER EDUCATION
  • 06 / May / 2013
    • PRINT NUMBER 4176A
  • 08 / Jan / 2014
    • REFERRED TO HIGHER EDUCATION
  • 12 / May / 2014
    • AMEND AND RECOMMIT TO HIGHER EDUCATION
  • 12 / May / 2014
    • PRINT NUMBER 4176B

Summary

Exempts certain persons who administer and score objective psychological tests from provisions of law relating to the practice of the profession of psychology.

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Bill Details

See Assembly Version of this Bill:
A6948A
Versions:
S4176
S4176A
S4176B
Legislative Cycle:
2013-2014
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Amd ยง7605, Ed L

Sponsor Memo

BILL NUMBER:S4176B

TITLE OF BILL: An act to amend the education law, in relation to
exempt persons under the profession of psychology

PURPOSE OR GENERAL IDEA OF BILL:

To allow testing technicians to administer and score standardized
objective psychological or neuropsychological tests.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends Section 7605 of the education law by adding a new
paragraph 10, which would allow testing technicians to administer and
score standardized objective psychological or neuropsychological tests
which involve specific predetermined and manualized procedures.

Section 2. Effective Date

JUSTIFICATION:

Prior to enactment of the psychology scope of practice law (Chapter
676 of the Laws of 2002), testing technicians routinely and
successfully administered and scored standardized objective
psychological and neuropsychological tests. The legislative intent of
the psychology scope of practice law was to not change the practice of
psychology. In 2003, the State Education Department issued a letter
interpreting the 2002 statute as excluding the use of testing
technicians for administering and scoring neuropsychological tests, on
the grounds that test administration and scoring was captured within
the scope of practice of psychology. The proposed legislation would
reverse the negative impact of the 2003 interpretive letter, which
severely limited access to these critically needed services,
particularly for ethnic minority patients and those from low
socioeconomic backgrounds.

The legislation would require that testing technicians have a
Bachelor's degree in psychology or a related field; be trained by a
licensed psychologist in a non-school setting where the ratio of
technician to licensed psychologist does not exceed 3:1; and also
requires that technicians not provide opinions or interpret data.

The practice of employing non-doctoral level technicians for
objective, standardized psychological and neuropsychological testing
had been a standard practice in New York until the promulgation of the
interpretative letter of 2003, is widespread nationally in the
profession, and is supported by all professional organizations
including the American Psychological Association (APA), the
Neuropsychology Division of the APA, the American Academy of Clinical
Neuropsychology, the American. Board of Professional Neuropsychology,
the National Academy of Neuropsychology and the International
Neuropsychology Society. Additionally, current Medicare regulations
allow for the use of testing technicians when diagnostic psychological
testing is furnished under the supervision of a physician or clinical
psychologist. This is represented by the CPT code 96119. The Veterans
Administration continues to use testing technicians in
neuropsychological practice throughout the country, including in New


York State. Although psychologists have been restricted from using
testing technicians as a result of the interpretive letter in 2002,
physicians have continued unrestricted use of testing technicians.
This is an important division of labor in a psychologist's practice,
which would allow the licensed psychologist to focus more directly on
aspects of their practice which require the highest degree of
training, clinical judgment and the ability to diagnose and treat
individuals in their practices. Moreover, use of technicians is a cost
efficient means of providing this clinical service which is
particularly important in the midst of healthcare reform.

The time has come to revise New York's laws to more accurately reflect
current and common practices in the field of neuropsychology.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4176--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 13, 2013
                               ___________

Introduced  by  Sens.  VALESKY, AVELLA, 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  --  recommitted  to  the
  Committee on Higher Education in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

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:

  Section 1. Section 7605 of the education law is amended  by  adding  a
new subdivision 11 to read as follows:
  11. THE CONDUCT, ACTIVITIES OR SERVICES OF AN INDIVIDUAL TO ADMINISTER
AND  SCORE  STANDARDIZED  OBJECTIVE  (NON-PROJECTIVE)  PSYCHOLOGICAL  OR
NEUROPSYCHOLOGICAL TESTS WHICH HAVE SPECIFIC PREDETERMINED  AND  MANUAL-
IZED  ADMINISTRATIVE  PROCEDURES  WHICH  ENTAIL OBSERVING AND DESCRIBING
TEST BEHAVIOR AND TEST RESPONSES, AND WHICH DO NOT  REQUIRE  EVALUATION,
INTERPRETATION OR OTHER JUDGMENTS; PROVIDED, HOWEVER, THAT SUCH INDIVID-
UAL  SHALL: (I) HOLD NO LESS THAN A BACHELOR'S DEGREE IN PSYCHOLOGY OR A
RELATED FIELD; (II) UNDERGO A PROCESS OF TRAINING BY A LICENSED PSYCHOL-
OGIST, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO A  MINIMUM  OF  EIGHTY
HOURS  OF  STUDYING  AND MASTERING INFORMATION FROM TEST MANUALS, DIRECT
OBSERVATION OF A LICENSED PSYCHOLOGIST OR TRAINED TECHNICIAN ADMINISTER-
ING AND SCORING TESTS, ADMINISTERING AND SCORING TESTS IN  THE  PRESENCE
OF  A  LICENSED  PSYCHOLOGIST  OR  TRAINED  TECHNICIAN, AND PROFESSIONAL
ETHICS; (III) BE UNDER THE DIRECT SUPERVISION OF A LICENSED PSYCHOLOGIST
IN A NON-SCHOOL SETTING IN NO GREATER THAN A 3AGING RATIO  OR  THE  PART
TIME EQUIVALENT THERETO; AND (IV) NOT SELECT TESTS, ANALYZE PATIENT DATA
OR  COMMUNICATE  RESULTS  TO PATIENTS. THE SUPERVISING LICENSED PSYCHOL-
OGIST MUST SUBMIT, PURSUANT TO A FORM TO  BE  PRESCRIBED  AND  DEVELOPED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09826-05-4

S. 4176--B                          2

WITHIN  NINETY  DAYS  OF  THE  EFFECTIVE DATE OF THIS SUBDIVISION BY THE
DEPARTMENT, A  SWORN  STATEMENT  DETAILING  COMPLIANCE  WITH  THE  ABOVE
REQUIREMENTS.  THE LICENSED PSYCHOLOGIST'S USE OF SUCH INDIVIDUAL PURSU-
ANT TO THE TERMS OF THIS SUBDIVISION SHALL BE SUBJECT TO THE FULL DISCI-
PLINARY AND REGULATORY AUTHORITY OF THE BOARD OF REGENTS AND THE DEPART-
MENT PURSUANT TO THIS TITLE.
  S 2. This act shall take effect immediately.

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