senate Bill S4977

Includes the term "diagnosis" within the definition of the practice of mental health practitioners

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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

  • 02 / May / 2013
    • REFERRED TO HIGHER EDUCATION
  • 08 / Jan / 2014
    • REFERRED TO HIGHER EDUCATION

Summary

Clarifies the authorization to practice for mental health practitioners; includes the term "diagnosis" within the definition of the practice of mental health practitioners.

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Bill Details

See Assembly Version of this Bill:
A7608
Versions:
S4977
Legislative Cycle:
2013-2014
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Amd ยงยง8402, 8403, 8404 & 8405, Ed L

Sponsor Memo

BILL NUMBER:S4977

TITLE OF BILL: An act to amend the education law, in relation to
clarifying the authorization to practice for mental health
practitioners

PURPOSE: To amend the definitions of these professions to clarify that
these individuals are qualified to diagnose within the practice of
each profession.

SUMMARY OF PROVISIONS: The education law is amended from section 8402
to section 8405 to include and define diagnosis within the practices
of mental health counseling, marriage and family therapy,
psychoanalysis and creative arts therapy.

JUSTIFICATION: In February 2012, The State Education Department's
Mental Health practitioner Board released a report noting the need to
amend the scopes of the Education Law Article 163 professions to
clarify that these individuals are qualified to "diagnose" within the
practice of each profession. These professions include mental health
counselors, marriage and family therapists, creative arts therapists
and psychoanalysts. The lack of the specific term "diagnosis" in the
scope of practices for each of these professions has led some to
conclude that these professions may not diagnose in New York. This
conclusion does not conform with evidence in both the statute and the
implementing regulations that support the professions authority to
diagnose.

This bill remedies this problem by adding and defining the
authorization to diagnosis within the scope of each of the Article 163
professions.

LEGISLATIVE HISTORY: 2013 Referred to Higher Education

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately

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

                                  4977

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 2, 2013
                               ___________

Introduced  by  Sen.  ROBACH -- 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 clarifying the author-
  ization to practice for mental health practitioners

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of  section 8402 of the education law, as
added by chapter 676 of the laws of 2002, is amended to read as follows:
  1. Definition of the practice of mental health counseling.  The  prac-
tice of the profession of mental health counseling is defined as:
  (a)  the  evaluation,  assessment, DIAGNOSIS, amelioration, treatment,
modification, or adjustment to a disability,  problem,  or  disorder  of
behavior,  character, development, emotion, personality or relationships
by the use of verbal or behavioral methods  with  individuals,  couples,
families  or  groups  in private practice, group, or organized settings;
[and]
  (b) the use of assessment instruments and mental health counseling and
psychotherapy to identify, evaluate, DIAGNOSE and treat dysfunctions and
disorders for purposes of providing appropriate mental health counseling
services; AND
  (C) DIAGNOSIS IN THE CONTEXT  OF  LICENSED  MENTAL  HEALTH  COUNSELING
PRACTICE  IS  THE  PROCESS  OF  DISTINGUISHING  BETWEEN  SIMILAR MENTAL,
EMOTIONAL, BEHAVIORAL, DEVELOPMENTAL, AND ADDICTIVE  DISORDERS,  IMPAIR-
MENTS  AND  DISABILITIES WITHIN A PSYCHOSOCIAL FRAMEWORK ON THE BASIS OF
THEIR SIMILAR AND UNIQUE CHARACTERISTICS CONSISTENT WITH ACCEPTED  CLAS-
SIFICATION SYSTEMS.
  S  2.  Subdivision 1 of section 8403 of the education law, as added by
chapter 676  of the laws of 2002, is amended to read as follows:
  1. Definition of the practice of  marriage  and  family  therapy.  The
practice of the profession of marriage and family therapy is defined as:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10741-01-3

S. 4977                             2

  (a)  the  assessment,  DIAGNOSIS  and  treatment of nervous and mental
disorders, whether affective, cognitive or behavioral, which results  in
dysfunctional  interpersonal  family  relationships  including,  but not
limited  to  familial   relationships,   marital/couple   relationships,
parent-child  relationships,  pre-marital  and  other personal relation-
ships;
  (b) the use of mental health counseling, psychotherapy and therapeutic
techniques  to  evaluate  and  treat  marital,  relational,  and  family
systems, and individuals in relationship to these systems;
  (c)  the  use  of mental health counseling and psychotherapeutic tech-
niques to treat mental, emotional and behavioral disorders and  ailments
within  the context of marital, relational and family systems to prevent
and ameliorate dysfunction; [and]
  (d) the use of assessment instruments and mental health counseling and
psychotherapy to identify [and], evaluate, DIAGNOSE AND  TREAT  dysfunc-
tions  and  disorders for purposes of providing appropriate marriage and
family therapy services; AND
  (E) DIAGNOSIS IN THE CONTEXT OF LICENSED MARRIAGE AND  FAMILY  THERAPY
PRACTICE  IS  THE  PROCESS  OF  DISTINGUISHING  BETWEEN  SIMILAR MENTAL,
EMOTIONAL, BEHAVIORAL, DEVELOPMENTAL, AND ADDICTIVE  DISORDERS,  IMPAIR-
MENTS  AND  DISABILITIES WITHIN A PSYCHOSOCIAL FRAMEWORK ON THE BASIS OF
THEIR SIMILAR AND UNIQUE CHARACTERISTICS CONSISTENT WITH ACCEPTED  CLAS-
SIFICATION SYSTEMS.
  S  3.  Subdivision 1 of section 8404 of the education law, as added by
chapter 676 of the laws of 2002, is amended to read as follows:
  1. Definition of the practice of creative arts therapy.  The  practice
of the profession of creative arts therapy is defined as:
  (a)  the  assessment, evaluation, DIAGNOSIS and the therapeutic inter-
vention and treatment, which may be either primary, parallel or  adjunc-
tive,  of  mental,  emotional,  developmental  and  behavioral disorders
through the use of the arts as approved by the department; [and]
  (b) the use of assessment instruments and mental health counseling and
psychotherapy to identify, evaluate, DIAGNOSE and treat dysfunctions and
disorders for purposes of providing appropriate  creative  arts  therapy
services; AND
  (C)  DIAGNOSIS  IN THE CONTEXT OF LICENSED CREATIVE ARTS THERAPY PRAC-
TICE IS THE PROCESS OF DISTINGUISHING BETWEEN SIMILAR MENTAL, EMOTIONAL,
BEHAVIORAL, DEVELOPMENTAL,  AND  ADDICTIVE  DISORDERS,  IMPAIRMENTS  AND
DISABILITIES WITHIN A PSYCHOSOCIAL FRAMEWORK ON THE BASIS OF THEIR SIMI-
LAR  AND  UNIQUE CHARACTERISTICS CONSISTENT WITH ACCEPTED CLASSIFICATION
SYSTEMS.
  S 4. Subdivision 1 of section 8405 of the education law, as  added  by
chapter 676 of the laws of 2002, is amended to read as follows:
  1.  Definition of the practice of psychoanalysis.  The practice of the
profession of psychoanalysis is defined as:
  (a) the observation, description,  evaluation,  [and]  interpretation,
DIAGNOSIS  AND  TREATMENT  of  dynamic unconscious mental processes that
contribute to the formation of personality  and  behavior  in  order  to
identify and resolve unconscious psychic problems which affect interper-
sonal  relationships and emotional development, to facilitate changes in
personality and behavior through the use of verbal and nonverbal  cogni-
tive  and  emotional communication, and to develop adaptive functioning;
[and]
  (b) the use of assessment instruments and mental health counseling and
psychotherapy to identify, evaluate, DIAGNOSE and treat dysfunctions and

S. 4977                             3

disorders for purposes of providing appropriate psychoanalytic services;
AND
  (C)  DIAGNOSIS  IN  THE CONTEXT OF LICENSED PSYCHOANALYSIS PRACTICE IS
THE PROCESS OF DISTINGUISHING BETWEEN SIMILAR MENTAL, EMOTIONAL,  BEHAV-
IORAL, DEVELOPMENTAL, AND ADDICTIVE DISORDERS, IMPAIRMENTS AND DISABILI-
TIES  WITHIN  A PSYCHOSOCIAL FRAMEWORK ON THE BASIS OF THEIR SIMILAR AND
UNIQUE CHARACTERISTICS CONSISTENT WITH ACCEPTED CLASSIFICATION SYSTEMS.
  S 5. This act shall take effect immediately.

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