Assembly Bill A6008E

Signed By Governor
2021-2022 Legislative Session

Relates to required clinical education for certain mental health practitioners and other mental health professionals

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Sponsored By

Archive: Last Bill Status Via S9449 - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2021-A6008 - Details

See Senate Version of this Bill:
S9449
Law Section:
Education Law
Laws Affected:
Amd §§8401, 8407, 8409 & 8410, add §8401-a, Ed L
Versions Introduced in Other Legislative Sessions:
2011-2012: A10142
2013-2014: A3652
2015-2016: A4219
2017-2018: A3436
2019-2020: A3888

2021-A6008 - Summary

Requires clinical experience for certain mental health practitioners and other mental health professionals; allows such practitioners to make assessment-based treatment plans; makes related provisions.

2021-A6008 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6008
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2021
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Higher Education
 
 AN ACT to amend the education law, in relation to  mandatory  continuing
   education  for mental health practitioners and clarifies authorization
   to practice
 
   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 section 8413
 to read as follows:
   § 8413. MANDATORY CONTINUING EDUCATION. 1. REQUIREMENT  OF  CONTINUING
 EDUCATION.
   (A)  EACH LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERA-
 PIST, PSYCHOANALYST, AND CREATIVE ARTS  THERAPIST  REQUIRED  UNDER  THIS
 ARTICLE  TO  REGISTER TRIENNIALLY 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.
 LICENSED  MENTAL  HEALTH  COUNSELORS,  MARRIAGE  AND  FAMILY THERAPISTS,
 PSYCHOANALYSTS AND CREATIVE ARTS  THERAPISTS  WHO  DO  NOT  SATISFY  THE
 MANDATORY  CONTINUING  EDUCATION  REQUIREMENTS  SHALL NOT PRACTICE UNTIL
 THEY HAVE MET SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED  A  REGISTRA-
 TION  CERTIFICATE,  EXCEPT  THAT  A  LICENSED  MENTAL  HEALTH COUNSELOR,
 MARRIAGE AND FAMILY THERAPIST, PSYCHOANALYST, AND CREATIVE  ARTS  THERA-
 PIST  MAY  PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS
 ISSUED A CONDITIONAL REGISTRATION CERTIFICATE  PURSUANT  TO  SUBDIVISION
 THREE OF THIS SECTION.
   (B)  EACH LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERA-
 PIST, PSYCHOANALYST, AND CREATIVE ARTS THERAPIST SHALL  BE  EXEMPT  FROM
 THE  MANDATORY CONTINUING EDUCATION REQUIREMENT FOR THE TRIENNIAL REGIS-
 TRATION PERIOD DURING WHICH THEY ARE FIRST LICENSED. IN ACCORDANCE  WITH
 THE  INTENT  OF  THIS  SECTION,  ADJUSTMENT  TO THE MANDATORY CONTINUING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

multi-Sponsors

2021-A6008A - Details

See Senate Version of this Bill:
S9449
Law Section:
Education Law
Laws Affected:
Amd §§8401, 8407, 8409 & 8410, add §8401-a, Ed L
Versions Introduced in Other Legislative Sessions:
2011-2012: A10142
2013-2014: A3652
2015-2016: A4219
2017-2018: A3436
2019-2020: A3888

2021-A6008A - Summary

Requires clinical experience for certain mental health practitioners and other mental health professionals; allows such practitioners to make assessment-based treatment plans; makes related provisions.

2021-A6008A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6008--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2021
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee 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 education requirements
   and authorization to  develop  assessment-based  treatment  plans  for
   certain  mental  health practitioners; and providing for the repeal of
   certain provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 8401 of the education law is amended by adding two
 new subdivisions 3 and 4 to read as follows:
   3. "DIAGNOSIS" OR "DIAGNOSE"  MEANS  THE  PROCESS  OF  DISTINGUISHING,
 BEYOND  A  GENERAL ASSESSMENT, 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.
   4. "ASSESSMENT-BASED TREATMENT PLAN" REFERS TO AN INTEGRATED  PLAN  OF
 PRIORITIZED  INTERVENTIONS, THAT IS BASED ON THE DIAGNOSIS AND PSYCHOSO-
 CIAL ASSESSMENT OF A CLIENT, TO ADDRESS MENTAL,  EMOTIONAL,  BEHAVIORAL,
 DEVELOPMENTAL  AND  ADDICTIVE  DISORDERS,  IMPAIRMENTS AND DISABILITIES,
 REACTIONS TO ILLNESSES,  INJURIES,  DISABILITIES  AND  IMPAIRMENTS,  AND
 SOCIAL PROBLEMS.
   §  2.  Section  8402  of  the education law is amended by adding a new
 subdivision 4 to read as follows:
   4. LICENSED MENTAL HEALTH COUNSELORS LICENSED  AFTER  JUNE  THIRTIETH,
 TWO THOUSAND TWENTY-SIX, AND MENTAL HEALTH COUNSELORS WHO HAVE SATISFIED
 THE REQUIREMENTS UNDER SECTION EIGHTY-FOUR HUNDRED TWO-A OF THIS ARTICLE
 MAY DIAGNOSE AND DEVELOP ASSESSMENT-BASED TREATMENT PLANS.
   §  3.  Paragraphs  (b) and (c) of subdivision 3 of section 8402 of the
 education law, paragraph (b) as added by chapter 676 of the laws of 2002
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09892-02-1
              

co-Sponsors

multi-Sponsors

2021-A6008B - Details

See Senate Version of this Bill:
S9449
Law Section:
Education Law
Laws Affected:
Amd §§8401, 8407, 8409 & 8410, add §8401-a, Ed L
Versions Introduced in Other Legislative Sessions:
2011-2012: A10142
2013-2014: A3652
2015-2016: A4219
2017-2018: A3436
2019-2020: A3888

2021-A6008B - Summary

Requires clinical experience for certain mental health practitioners and other mental health professionals; allows such practitioners to make assessment-based treatment plans; makes related provisions.

2021-A6008B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6008--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2021
                                ___________
 
 Introduced  by M. of A. BRONSON, GALLAGHER, LUNSFORD, McDONALD, BARRETT,
   FORREST,  CLARK,  RICHARDSON,  STECK,  SANTABARBARA,  DAVILA,   MEEKS,
   ABINANTI,  BURDICK,  GUNTHER, WALSH, REILLY, ZINERMAN, STERN, JACKSON,
   MITAYNES, O'DONNELL, SIMON, HUNTER, HEVESI, JENSEN --  Multi-Sponsored
   by  -- M. of A. SILLITTI -- read once and referred to the Committee on
   Higher  Education  --  committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended and recommitted to said committee
 
 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
   certain provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 8401 of the education law is amended by adding  two
 new subdivisions 3 and 4 to read as follows:
   3.  "DIAGNOSIS"  OR  "DIAGNOSE"  MEANS  THE PROCESS OF DISTINGUISHING,
 BEYOND A GENERAL ASSESSMENT, 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.
   4.  "ASSESSMENT-BASED  TREATMENT PLAN" REFERS TO AN INTEGRATED PLAN OF
 PRIORITIZED INTERVENTIONS, THAT IS BASED ON THE DIAGNOSIS AND  PSYCHOSO-
 CIAL  ASSESSMENT  OF A CLIENT, TO ADDRESS MENTAL, EMOTIONAL, BEHAVIORAL,
 DEVELOPMENTAL AND ADDICTIVE  DISORDERS,  IMPAIRMENTS  AND  DISABILITIES,
 REACTIONS  TO  ILLNESSES,  INJURIES,  DISABILITIES  AND IMPAIRMENTS, AND
 SOCIAL PROBLEMS.
   § 2. Section 8402 of the education law is  amended  by  adding  a  new
 subdivision 4 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09892-04-1
 A. 6008--B                          2
              

co-Sponsors

multi-Sponsors

2021-A6008C - Details

See Senate Version of this Bill:
S9449
Law Section:
Education Law
Laws Affected:
Amd §§8401, 8407, 8409 & 8410, add §8401-a, Ed L
Versions Introduced in Other Legislative Sessions:
2011-2012: A10142
2013-2014: A3652
2015-2016: A4219
2017-2018: A3436
2019-2020: A3888

2021-A6008C - Summary

Requires clinical experience for certain mental health practitioners and other mental health professionals; allows such practitioners to make assessment-based treatment plans; makes related provisions.

2021-A6008C - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6008--C
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2021
                                ___________
 
 Introduced  by M. of A. BRONSON, GALLAGHER, LUNSFORD, McDONALD, BARRETT,
   FORREST, CLARK, STECK, SANTABARBARA, DAVILA, MEEKS, ABINANTI, BURDICK,
   GUNTHER, WALSH, REILLY, ZINERMAN, STERN, JACKSON, MITAYNES, O'DONNELL,
   SIMON, HUNTER, HEVESI, JENSEN, STIRPE -- Multi-Sponsored by --  M.  of
   A.    SILLITTI  --  read  once and referred to the Committee on Higher
   Education -- committee discharged, bill amended, ordered reprinted  as
   amended  and recommitted to said committee -- again reported from said
   committee with amendments, ordered reprinted as amended and  recommit-
   ted to said committee -- recommitted to the Committee on Higher Educa-
   tion  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, in relation to education requirements
   and authorization to  develop  assessment-based  treatment  plans  for
   certain  mental  health  practitioners and other mental health profes-
   sionals
 
   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 and two new  subdi-
 visions 1-a and 4 are added 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], ASSESSMENT-BASED TREAT-
 MENT PLANS, mental health  counseling  and  psychotherapy  to  identify,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09892-06-2
              

co-Sponsors

multi-Sponsors

2021-A6008D - Details

See Senate Version of this Bill:
S9449
Law Section:
Education Law
Laws Affected:
Amd §§8401, 8407, 8409 & 8410, add §8401-a, Ed L
Versions Introduced in Other Legislative Sessions:
2011-2012: A10142
2013-2014: A3652
2015-2016: A4219
2017-2018: A3436
2019-2020: A3888

2021-A6008D - Summary

Requires clinical experience for certain mental health practitioners and other mental health professionals; allows such practitioners to make assessment-based treatment plans; makes related provisions.

2021-A6008D - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6008--D
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2021
                                ___________
 
 Introduced  by M. of A. BRONSON, GALLAGHER, LUNSFORD, McDONALD, BARRETT,
   FORREST, CLARK, STECK, SANTABARBARA, DAVILA, MEEKS, ABINANTI, BURDICK,
   GUNTHER, WALSH, REILLY, ZINERMAN, STERN, JACKSON, MITAYNES, O'DONNELL,
   SIMON, HUNTER, HEVESI, JENSEN, STIRPE -- Multi-Sponsored by --  M.  of
   A.  BYRNES,  SILLITTI  --  read  once and referred to the Committee on
   Higher  Education  --  committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended  and  recommitted  to  said  committee  --  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 -- again reported from said commit-
   tee with amendments, ordered reprinted as amended and  recommitted  to
   said committee
 
 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 other  mental  health  profes-
   sionals

   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 and two new subdi-
 visions 1-a and 4 are added 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09892-08-2
              

co-Sponsors

multi-Sponsors

2021-A6008E (ACTIVE) - Details

See Senate Version of this Bill:
S9449
Law Section:
Education Law
Laws Affected:
Amd §§8401, 8407, 8409 & 8410, add §8401-a, Ed L
Versions Introduced in Other Legislative Sessions:
2011-2012: A10142
2013-2014: A3652
2015-2016: A4219
2017-2018: A3436
2019-2020: A3888

2021-A6008E (ACTIVE) - Summary

Requires clinical experience for certain mental health practitioners and other mental health professionals; allows such practitioners to make assessment-based treatment plans; makes related provisions.

2021-A6008E (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6008--E
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2021
                                ___________
 
 Introduced  by M. of A. BRONSON, GALLAGHER, LUNSFORD, McDONALD, BARRETT,
   FORREST, CLARK, STECK, SANTABARBARA, DAVILA, MEEKS, ABINANTI, BURDICK,
   GUNTHER, WALSH, REILLY, ZINERMAN, STERN, JACKSON, MITAYNES, O'DONNELL,
   SIMON, HUNTER, HEVESI, JENSEN, STIRPE, WALLACE, ANDERSON, JEAN-PIERRE,
   McMAHON, FAHY, GALEF, BURKE -- Multi-Sponsored by -- M. of A.  BYRNES,
   SILLITTI  --  read once and referred to the Committee on Higher Educa-
   tion -- committee  discharged,  bill  amended,  ordered  reprinted  as
   amended  and recommitted to said committee -- again reported from said
   committee with amendments, ordered reprinted as amended and  recommit-
   ted to said committee -- recommitted to the Committee on Higher Educa-
   tion  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- again reported from said  committee  with  amend-
   ments,  ordered reprinted as amended and recommitted to said committee
   -- 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, in relation to diagnostic  privilege;
   and  providing  for  the  repeal of certain provisions upon expiration
   thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 8401 of the education law is amended by adding two
 new subdivisions 3 and 4 to read as follows:
   3. "DIAGNOSIS" MEANS THE PROCESS OF DISTINGUISHING, BEYOND  A  GENERAL
 ASSESSMENT,  BETWEEN  SIMILAR  MENTAL,  EMOTIONAL,  BEHAVIORAL, DEVELOP-
 MENTAL, AND ADDICTIVE DISORDERS, IMPAIRMENTS, AND DISABILITIES WITHIN  A
 PSYCHOSOCIAL  FRAMEWORK ON THE BASIS OF THEIR SIMILAR AND UNIQUE CHARAC-
 TERISTICS CONSISTENT WITH ACCEPTED CLASSIFICATION SYSTEMS.
   4. "DEVELOPMENT OF ASSESSMENT-BASED TREATMENT PLANS" MEANS THE  DEVEL-
 OPMENT OF AN INTEGRATED PLAN OF PRIORITIZED INTERVENTIONS, THAT IS BASED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09892-18-2
              

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