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

                                 3069--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 29, 2013
                               ___________

Introduced  by  Sens. DeFRANCISCO, AVELLA, RANZENHOFER -- 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

AN ACT to amend the education law, in relation to requiring licensing of
  rehabilitation counselors

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

  Section 1. The education law is amended by adding a new article 152 to
read as follows:
                               ARTICLE 152
                        REHABILITATION COUNSELING
SECTION 7550. INTRODUCTION.
        7551. DEFINITION OF THE PRACTICE OF "REHABILITATION COUNSELING".
        7552. PRACTICE  OF  REHABILITATION  COUNSELING  AND  USE  OF THE
                TITLES "REHABILITATION COUNSELOR" AND "LICENSED REHABIL-
                ITATION COUNSELOR".
        7553. STATE BOARD FOR REHABILITATION COUNSELING.
        7554. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
        7555. LIMITED PERMITS.
        7556. EXEMPT PERSONS.
        7557. SPECIAL PROVISIONS.
        7558. MANDATORY CONTINUING EDUCATION.
        7559. SEPARABILITY.
  S 7550. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF  REHA-
BILITATION  COUNSELING.  THE  GENERAL  PROVISIONS  FOR  ALL  PROFESSIONS
CONTAINED IN ARTICLE ONE HUNDRED THIRTY OF THIS  TITLE  SHALL  APPLY  TO
THIS ARTICLE.
  S 7551. DEFINITION OF THE PRACTICE OF "REHABILITATION COUNSELING". THE
PRACTICE  OF THE PROFESSION OF REHABILITATION COUNSELING IS DEFINED AS A
SYSTEMATIC PROCESS WHICH ASSISTS PERSONS WITH PHYSICAL, MENTAL, DEVELOP-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02171-03-3
              

S. 3069--A                          2

MENTAL, COGNITIVE, AND EMOTIONAL DISABILITIES TO ACHIEVE THEIR PERSONAL,
CAREER, AND INDEPENDENT LIVING GOALS  IN  THE  MOST  INTEGRATED  SETTING
POSSIBLE  THROUGH  THE  APPLICATION OF THE COUNSELING PROCESS. THE COUN-
SELING  PROCESS  INVOLVES  COMMUNICATION,  GOAL  SETTING, AND BENEFICIAL
GROWTH  OR  CHANGE  THROUGH  SELF-ADVOCACY,  PSYCHOLOGICAL,  VOCATIONAL,
SOCIAL, AND BEHAVIORAL INTERVENTIONS. THE SPECIFIC TECHNIQUES AND MODAL-
ITIES   UTILIZED  WITHIN  THIS  REHABILITATION  COUNSELING  PROCESS  MAY
INCLUDE, BUT ARE NOT LIMITED TO:
  1. ASSESSMENT AND APPRAISAL;
  2. DIAGNOSIS AND TREATMENT PLANNING;
  3. CAREER (VOCATIONAL) COUNSELING;
  4. INDIVIDUAL AND GROUP COUNSELING TREATMENT INTERVENTIONS FOCUSED  ON
FACILITATING ADJUSTMENTS TO THE MEDICAL AND PSYCHOSOCIAL IMPACT OF DISA-
BILITY;
  5. CASE MANAGEMENT, REFERRAL, AND SERVICE COORDINATION;
  6. PROGRAM EVALUATION AND RESEARCH;
  7.  INTERVENTIONS TO REMOVE ENVIRONMENTAL, EMPLOYMENT, AND ATTITUDINAL
BARRIERS;
  8.  CONSULTATION  SERVICES  AMONG  MULTIPLE  PARTIES  AND   REGULATORY
SYSTEMS;
  9.  JOB  ANALYSIS,  JOB DEVELOPMENT, AND PLACEMENT SERVICES, INCLUDING
ASSISTANCE WITH EMPLOYMENT AND JOB ACCOMMODATIONS;
  10. THE PROVISION OF CONSULTATION ABOUT AND ACCESS  TO  REHABILITATION
TECHNOLOGY.
  S  7552.  PRACTICE  OF REHABILITATION COUNSELING AND USE OF THE TITLES
"REHABILITATION COUNSELOR" AND "LICENSED REHABILITATION COUNSELOR". ONLY
A PERSON LICENSED  OR EXEMPT UNDER THIS ARTICLE SHALL PRACTICE REHABILI-
TATION COUNSELING OR USE THE TITLE "REHABILITATION COUNSELOR".   ONLY  A
PERSON  LICENSED  UNDER THIS ARTICLE SHALL USE THE TITLE "LICENSED REHA-
BILITATION COUNSELOR" OR ANY OTHER DESIGNATION TENDING TO IMPLY THAT THE
PERSON IS LICENSED TO PRACTICE REHABILITATION COUNSELING.
  S 7553. STATE BOARD FOR REHABILITATION COUNSELING. 1.  A  STATE  BOARD
FOR REHABILITATION COUNSELING SHALL BE APPOINTED BY THE BOARD OF REGENTS
ON  RECOMMENDATION  OF THE COMMISSIONER FOR THE PURPOSE OF ASSISTING THE
BOARD OF REGENTS AND THE DEPARTMENT ON MATTERS OF  LICENSING  AND  REGU-
LATION.    THE  BOARD SHALL BE COMPOSED OF AT LEAST THREE REHABILITATION
COUNSELORS LICENSED PURSUANT TO THIS ARTICLE AND  AT  LEAST  ONE  PUBLIC
REPRESENTATIVE  WHO DOES NOT HOLD INTERESTS IN THE ORGANIZATION, FINANC-
ING, OR DELIVERY OF REHABILITATION COUNSELING SERVICES. MEMBERS  OF  THE
FIRST  BOARD  NEED  NOT  BE  LICENSED  PRIOR TO THEIR APPOINTMENT TO THE
BOARD. AN EXECUTIVE SECRETARY TO THE BOARD SHALL  BE  APPOINTED  BY  THE
BOARD OF REGENTS ON RECOMMENDATION OF THE COMMISSIONER.
  2.  THE  TERMS  OF  OFFICE  OF  THE MEMBERS OF THE BOARD SHALL BE FIVE
YEARS; PROVIDED, HOWEVER, THAT OF THE MEMBERS FIRST APPOINTED, ONE SHALL
BE APPOINTED FOR THREE YEARS, ONE SHALL BE APPOINTED FOR FOUR YEARS, AND
TWO SHALL BE APPOINTED FOR FIVE YEARS. ANY VACANCY ON THE BOARD SHALL BE
FILLED BY APPOINTMENT FOR THE REMAINDER OF SUCH MEMBER'S TERM IN ACCORD-
ANCE WITH THE PROVISIONS OF THIS SECTION.
  3. THE MEMBERS OF THE BOARD SHALL RECEIVE NO  COMPENSATION  FOR  THEIR
SERVICES  BUT EACH MEMBER SHALL BE ENTITLED TO RECEIVE HIS OR HER ACTUAL
AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF HIS OR HER DUTIES.
  S 7554. REQUIREMENTS FOR A PROFESSIONAL  LICENSE.  TO  QUALIFY  FOR  A
LICENSE  AS  A  "LICENSED  REHABILITATION COUNSELOR", AN APPLICANT SHALL
FULFILL THE FOLLOWING REQUIREMENTS:
  1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;

S. 3069--A                          3

  2. EXAMINATION: PASS THE EXAMINATION OF THE  COMMISSION  ON  REHABILI-
TATION  COUNSELING  CERTIFICATION (CRCC); BE CERTIFIED BY THAT BODY AS A
CERTIFIED REHABILITATION COUNSELOR (CRC);
  3. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  4.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
  5. FEES: PAY A FEE OF TWO HUNDRED FIFTY DOLLARS TO THE DEPARTMENT  FOR
ADMISSION  TO  LICENSURE  AND  FOR  AN INITIAL LICENSE; AND A FEE OF ONE
HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
  S 7555. LIMITED PERMITS. THE  FOLLOWING  REQUIREMENTS  FOR  A  LIMITED
PERMIT SHALL APPLY TO THE PROFESSION LICENSED PURSUANT TO THIS ARTICLE:
  1.  THE  DEPARTMENT  MAY  ISSUE A LIMITED PERMIT TO AN APPLICANT WHOSE
QUALIFICATIONS HAVE BEEN APPROVED FOR ADMISSION TO THE CRCC  EXAMINATION
IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
  2.  LIMITED  PERMITS  SHALL BE FOR ONE YEAR AND MAY BE RENEWED, AT THE
DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
  3. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL THEREOF  SHALL
BE SEVENTY DOLLARS.
  S  7556.  EXEMPT  PERSONS. 1.   THIS ARTICLE SHALL NOT BE CONSTRUED TO
AFFECT OR PREVENT QUALIFIED PHYSICIANS, NURSES, PHYSICAL OR OCCUPATIONAL
THERAPISTS, PSYCHOLOGISTS, COUNSELORS, CREATIVE ARTS THERAPISTS, PSYCHO-
ANALYSTS, SOCIAL WORKERS OR MEMBERS OF THE CLERGY  FROM  PERFORMING  THE
WORK  OF  A  REHABILITATION  COUNSELOR WHERE INCIDENT TO THE PRACTICE OF
THEIR PROFESSIONS, PROVIDED THEY DO  NOT  HOLD  THEMSELVES  OUT  TO  THE
PUBLIC  BY  ANY TITLE AS BEING ENGAGED IN THE PRACTICE OF REHABILITATION
COUNSELING.
  2. THIS ARTICLE SHALL NOT BE CONSTRUED TO AFFECT OR PREVENT A REHABIL-
ITATION COUNSELING STUDENT FROM ENGAGING IN CLINICAL PRACTICE UNDER  THE
SUPERVISION  OF A LICENSED OR CERTIFIED REHABILITATION COUNSELOR AS PART
OF A PROGRAM CONDUCTED IN AN APPROVED AGENCY AFFILIATED WITH AN  ACCRED-
ITED  SCHOOL  OF  REHABILITATION  COUNSELING  WHICH  IS  APPROVED BY THE
DEPARTMENT.
  S 7557. SPECIAL PROVISIONS. 1.   ANY NONEXEMPT PERSON  PRACTICING  THE
PROFESSION  TO  BE  LICENSED  PURSUANT TO THIS ARTICLE SHALL APPLY FOR A
LICENSE FOR PRACTICE OF SUCH PROFESSION WITHIN ONE YEAR OF THE EFFECTIVE
DATE OF THIS ARTICLE.  IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR
A LICENSE ESTABLISHED WITHIN THIS ARTICLE, THE DEPARTMENT SHALL  LICENSE
WITHOUT  EXAMINATION  IF  THE APPLICANT SUBMITS EVIDENCE SATISFACTORY TO
THE DEPARTMENT OF HAVING BEEN ENGAGED IN THE PRACTICE OF SUCH PROFESSION
FOR AT LEAST FIVE OF  THE  IMMEDIATELY  PRECEDING  EIGHT  YEARS.    SUCH
EXEMPTION  SHALL  BE IN EFFECT FOR ONLY ONE YEAR FOLLOWING THE EFFECTIVE
DATE OF THIS ARTICLE.
  2. THE COMMISSIONER SHALL APPROVE ALL FEES AUTHORIZED PURSUANT TO THIS
ARTICLE. SUCH FEES SHALL BE  SET  IN  AMOUNTS  SUFFICIENT  TO  MEET  THE
EXPENSES OF ADMINISTERING THE PROVISIONS OF THIS ARTICLE.
  3. THE DEPARTMENT SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY
TO ESTABLISH PROFESSIONAL STANDARDS OF REHABILITATION COUNSELORS AND ANY
OTHER  RULES  AND  REGULATIONS NECESSARY TO ADMINISTER THE PROVISIONS OF
THIS ARTICLE.
  S 7558. MANDATORY CONTINUING EDUCATION.  1.  (A)  EACH  REHABILITATION
COUNSELOR  LICENSED PURSUANT TO THIS ARTICLE REQUIRED TO REGISTER TRIEN-
NIALLY WITH THE DEPARTMENT TO PRACTICE IN THE STATE  SHALL  COMPLY  WITH
THE  PROVISIONS  OF  THE  MANDATORY  CONTINUING  EDUCATION  REQUIREMENTS
PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION EXCEPT  AS  SET  FORTH  IN
PARAGRAPHS  (B) AND (C) OF THIS SUBDIVISION. SUCH REHABILITATION COUNSE-
LORS  WHO DO NOT SATISFY THE MANDATORY CONTINUING EDUCATION REQUIREMENTS

S. 3069--A                          4

SHALL NOT PRACTICE UNTIL THEY HAVE MET SUCH REQUIREMENTS, THEY HAVE PAID
ALL APPLICABLE FEES, AND THEY HAVE BEEN ISSUED A REGISTRATION OR  CONDI-
TIONAL REGISTRATION CERTIFICATE.
  (B)  REHABILITATION  COUNSELORS  SHALL  BE  EXEMPT  FROM THE MANDATORY
CONTINUING EDUCATION REQUIREMENT FOR THE TRIENNIAL  REGISTRATION  PERIOD
DURING  WHICH  THEY ARE FIRST LICENSED. IN ACCORDANCE WITH THE INTENT OF
THIS SECTION, ADJUSTMENT TO THE MANDATORY CONTINUING EDUCATION  REQUIRE-
MENT MAY BE GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH CERTIFIED BY
AN  APPROPRIATE  HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH
THE ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD  CAUSE ACCEPTA-
BLE TO THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
  (C) A LICENSED REHABILITATION COUNSELOR NOT ENGAGED  IN  PRACTICE,  AS
DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTIN-
UING  EDUCATION  REQUIREMENT  UPON  THE  FILING  OF A STATEMENT WITH THE
DEPARTMENT DECLARING SUCH  STATUS. ANY LICENSEE WHO RETURNS TO THE PRAC-
TICE OF REHABILITATION COUNSELOR DURING THE TRIENNIAL REGISTRATION PERI-
OD SHALL NOTIFY THE DEPARTMENT PRIOR TO REENTERING  THE  PROFESSION  AND
SHALL  MEET SUCH MANDATORY EDUCATION REQUIREMENTS AS SHALL BE PRESCRIBED
BY REGULATIONS OF THE COMMISSIONER.
  2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT  FOR  REGIS-
TRATION  SHALL  COMPLETE  A  MINIMUM  OF TWENTY-FOUR HOURS OF ACCEPTABLE
CONTINUING EDUCATION, A MAXIMUM OF TWELVE HOURS OF WHICH MAY BE SELF-IN-
STRUCTIONAL COURSE WORK ACCEPTABLE TO THE DEPARTMENT. ANY REHABILITATION
COUNSELOR WHOSE FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE DATE  OF
THIS SECTION OCCURS LESS THAN THREE YEARS FROM  SUCH EFFECTIVE DATE, BUT
ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, SHALL COMPLETE CONTINU-
ING  EDUCATION  HOURS  ON  A  PRORATED BASIS AT THE RATE OF ONE HOUR PER
MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND SIXTEEN UP TO
THE FIRST REGISTRATION DATE THEREAFTER. A LICENSEE WHO HAS NOT SATISFIED
THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT  BE  ISSUED  A
TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND SHALL NOT PRAC-
TICE  UNLESS AND UNTIL A CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED,
AS PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION, OR UNTIL HE OR SHE
HAS OTHERWISE MET THE REQUIREMENTS OF THIS SECTION.
  3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A  CONDITIONAL  REGIS-
TRATION  TO  A  LICENSEE  WHO  FAILS  TO  MEET  THE CONTINUING EDUCATION
REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO  OF  THIS  SECTION  BUT  WHO
AGREES  TO  MAKE UP ANY DEFICIENCIES AND  COMPLETE ANY ADDITIONAL EDUCA-
TION WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR  SUCH  A  CONDITIONAL
REGISTRATION  SHALL  BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE
TRIENNIAL REGISTRATION. THE DURATION OF  SUCH  CONDITIONAL  REGISTRATION
SHALL BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT EXCEED ONE YEAR. ANY
LICENSEE  WHO  IS  NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO
SUBMIT  EVIDENCE,  SATISFACTORY  TO     THE  DEPARTMENT,   OF   REQUIRED
CONTINUING_EDUCATION AND WHO PRACTICES REHABILITATION COUNSELING WITHOUT
SUCH  REGISTRATION, MAY BE SUBJECT TO DISCIPLINARY PROCEEDINGS  PURSUANT
TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  4. AS USED IN SUBDIVISION TWO OF THIS SECTION, "ACCEPTABLE  CONTINUING
EDUCATION"  SHALL  MEAN  COURSES  OF LEARNING AND EDUCATIONAL ACTIVITIES
WHICH CONTRIBUTE TO PROFESSIONAL PRACTICE IN  REHABILITATION  COUNSELING
AND  WHICH  MEET  THE STANDARDS PRESCRIBED BY REGULATIONS OF THE COMMIS-
SIONER. THE DEPARTMENT MAY, IN  ITS DISCRETION AND AS NEEDED TO CONTRIB-
UTE TO THE HEALTH AND WELFARE OF THE PUBLIC, REQUIRE THE  COMPLETION  OF
CONTINUING EDUCATION COURSES IN SPECIFIC SUBJECTS.

S. 3069--A                          5

  5.  REHABILITATION COUNSELORS SHALL MAINTAIN ADEQUATE DOCUMENTATION OF
COMPLETION OF ACCEPTABLE CONTINUING EDUCATION AND EDUCATIONAL ACTIVITIES
AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT.
  6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
SHALL  BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
FEE REQUIRED BY SECTION SEVENTY-FIVE HUNDRED FIFTY-FOUR OF THIS ARTICLE.
  7. THE DEPARTMENT SHALL BE REQUIRED TO MAIL TO ALL LICENSED  REHABILI-
TATION COUNSELORS, PRIOR TO THE FIRST DAY OF EACH TRIENNIAL REGISTRATION
PERIOD,  INFORMATION   SETTING FORTH THE REQUIREMENTS FOR SUCH TRIENNIAL
REGISTRATION.
  S 7559. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF,
SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE  INVALID,
SUCH  JUDGMENT  SHALL  NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OF
ANY OTHER SECTION OR PART THEREOF.
  S 2. This act shall take effect on the five  hundred  forty-fifth  day
after  it shall have become a law; provided, however, that any rules and
regulations necessary to implement the provisions of  this  act  on  its
effective  date  are  authorized and directed to be promulgated, amended
and repealed on or before such date.