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.
              

                                                            LBD09892-01-1

 A. 6008                             2
 
 EDUCATION REQUIREMENT 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 ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT COMPLI-
 ANCE.
   (C) A LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERAPIST,
 PSYCHOANALYST, AND CREATIVE ARTS THERAPIST 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  MENTAL HEALTH COUNSELING, MARRIAGE AND FAMILY THERAPY, PSYCHO-
 ANALYSIS, OR CREATIVE ARTS THERAPY  DURING  THE  TRIENNIAL  REGISTRATION
 PERIOD  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 AS A LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THER-
 APIST, PSYCHOANALYST, AND CREATIVE ARTS THERAPIST SHALL COMPLETE A MINI-
 MUM OF THIRTY-SIX HOURS OF ACCEPTABLE  FORMAL  CONTINUING  EDUCATION  AS
 SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION, A MAXIMUM OF TWELVE HOURS
 OF WHICH MAY BE SELF-INSTRUCTIONAL COURSE WORK ACCEPTABLE TO THE DEPART-
 MENT.  ANY  LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERA-
 PIST, PSYCHOANALYST, AND CREATIVE ARTS THERAPIST WHOSE  FIRST  REGISTRA-
 TION  DATE FOLLOWING THE EFFECTIVE DATE OF THIS SECTION OCCURS LESS THAN
 THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR  AFTER  JUNE  THIRTIETH,
 TWO  THOUSAND TWENTY-TWO, SHALL COMPLETE CONTINUING EDUCATION HOURS ON A
 PRORATED BASIS AT THE RATE OF ONE-HALF HOUR PER  MONTH  FOR  THE  PERIOD
 BEGINNING JUNE THIRTIETH, TWO THOUSAND TWENTY-TWO UP TO THE FIRST REGIS-
 TRATION  DATE THEREAFTER. A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY
 CONTINUING EDUCATION REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGIS-
 TRATION CERTIFICATE BY THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS  AND
 UNTIL  A  CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR
 IN SUBDIVISION THREE OF THIS SECTION. CONTINUING EDUCATION  HOURS  TAKEN
 DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
   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 EDUCATION
 WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL  REGIS-
 TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
 NIAL  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 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 FORMAL
 CONTINUING EDUCATION"  SHALL  MEAN  FORMAL  COURSES  OF  LEARNING  WHICH
 CONTRIBUTE   TO  PROFESSIONAL  PRACTICE  IN  MENTAL  HEALTH  COUNSELING,
 MARRIAGE AND FAMILY THERAPY, PSYCHOANALYSIS, OR  CREATIVE  ARTS  THERAPY
 AND  WHICH  MEET  THE STANDARDS PRESCRIBED BY REGULATIONS OF THE COMMIS-
 SIONER. SUCH FORMAL COURSES OF LEARNING SHALL INCLUDE, BUT NOT BE LIMIT-
 ED TO, COLLEGIATE LEVEL  CREDIT  AND  NON-CREDIT  COURSES,  PROFESSIONAL
 DEVELOPMENT  PROGRAMS  AND TECHNICAL SESSIONS OFFERED BY NATIONAL, STATE
 AND LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER  ORGANIZATIONS  ACCEPTABLE

 A. 6008                             3
 
 TO  THE  DEPARTMENT,  AND  ANY OTHER ORGANIZED EDUCATIONAL AND TECHNICAL
 PROGRAMS ACCEPTABLE TO  THE  DEPARTMENT.  THE  DEPARTMENT  MAY,  IN  ITS
 DISCRETION  AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF THE
 PUBLIC,  REQUIRE  THE  COMPLETION  OF  CONTINUING  EDUCATION  COURSES IN
 SPECIFIC  SUBJECTS  TO  FULFILL  THIS  MANDATORY  CONTINUING   EDUCATION
 REQUIREMENT.  COURSES  MUST  BE  TAKEN  FROM  A  SPONSOR APPROVED BY THE
 DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
   5. LICENSED MENTAL HEALTH COUNSELORS, MARRIAGE AND FAMILY  THERAPISTS,
 PSYCHOANALYSTS,  AND  CREATIVE  ARTS  THERAPISTS SHALL MAINTAIN ADEQUATE
 DOCUMENTATION OF COMPLETION OF ACCEPTABLE  FORMAL  CONTINUING  EDUCATION
 AND  SHALL  PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT.
 FAILURE TO PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF THE DEPARTMENT
 SHALL BE AN ACT OF MISCONDUCT SUBJECT TO DISCIPLINARY PROCEEDINGS PURSU-
 ANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   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 SIXTY-SEVEN HUNDRED THIRTY-FOUR OF THIS TITLE.
   §  2.  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.
   §  3.  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:
   (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]

 A. 6008                             4
 
   (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.
   § 4.  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.
   §  5.  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
 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.
   § 6.   This act shall  take  effect  immediately;  provided,  however,
 section  one  of  this  act  shall take effect June 30, 2022.  Effective
 immediately, the addition, amendment and/or repeal of any rule or  regu-
 lation  necessary  for  the  implementation of this act on its effective
 date are authorized and directed to be made and completed by  the  state
 education department.

                            
 
                     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
              

 A. 6008--A                          2
 
 and paragraph (c) as amended by chapter 130 of the  laws  of  2010,  are
 amended to read as follows:
   (b)  Education:  Have  received  an education, including a master's or
 higher degree in counseling from a program registered by the  department
 or  determined by the department to be the substantial equivalent there-
 of, WHICH SHALL INCLUDE THE COMPLETION OF AT LEAST TWELVE  CREDIT  HOURS
 OF  CLINICAL COURSES, in accordance with the commissioner's regulations.
 A PERSON WHO HAS RECEIVED A MASTER'S,  OR  EQUIVALENT  DEGREE  IN  COUN-
 SELING,  DURING  WHICH  THEY DID NOT COMPLETE ALL TWELVE CREDIT HOURS OF
 CLINICAL COURSES, MAY SATISFY SUCH REQUIREMENT BY COMPLETING ANY REMAIN-
 ING EQUIVALENT POST-GRADUATE CLINICAL COURSES, IN  ACCORDANCE  WITH  THE
 COMMISSIONER'S  REGULATIONS.  The graduate coursework shall include, but
 not be limited to, the following areas:
   (i) human growth and development;
   (ii) social and cultural foundations of counseling;
   (iii) counseling theory and practice and psychopathology;
   (iv) group dynamics;
   (v) lifestyle and career development;
   (vi) assessment and appraisal of individuals, couples and families and
 groups;
   (vii) research and program evaluation;
   (viii) professional orientation and ethics;
   (ix) foundations of mental health counseling and consultation;
   (x) clinical instruction; and
   (xi) completion of a minimum one year supervised internship or practi-
 cum in mental health counseling;
   (c) Experience: An applicant shall complete a minimum of  three  thou-
 sand  hours of post-master's supervised experience relevant to the prac-
 tice of mental health counseling, TWO  THOUSAND  HOURS  OF  WHICH  SHALL
 INCLUDE  DIAGNOSIS, PSYCHOTHERAPY, AND ASSESSMENT-BASED TREATMENT PLANS,
 satisfactory to the board and  in  accordance  with  the  commissioner's
 regulations.  Satisfactory  experience  obtained  in an entity operating
 under a waiver issued by the department pursuant to  section  sixty-five
 hundred  three-a  of  this  title  may  be  accepted  by the department,
 notwithstanding that such experience may have been obtained prior to the
 effective date of such section sixty-five hundred three-a  and/or  prior
 to  the  entity  having  obtained a waiver. The department may, for good
 cause shown, accept satisfactory  experience  that  was  obtained  in  a
 setting  that  would  have  been eligible for a waiver but which has not
 obtained a waiver from the department or experience that was obtained in
 good faith by the applicant under the belief that  appropriate  authori-
 zation  had been obtained for the experience, provided that such experi-
 ence meets all other requirements for acceptable experience;
   § 4.  The education law is amended by adding a new section  8402-a  to
 read as follows:
   § 8402-A. DIAGNOSIS PRIVILEGE; MENTAL HEALTH COUNSELING. 1. APPLICANTS
 FOR  LICENSURE AS A MENTAL HEALTH COUNSELOR WHO HAVE MET THE REQUIREMENT
 OF SECTION EIGHTY-FOUR HUNDRED TWO OF THIS ARTICLE SHALL  BE  AUTHORIZED
 TO DIAGNOSE AND DEVELOP ASSESSMENT-BASED TREATMENT PLANS WITHOUT MEETING
 ANY ADDITIONAL REQUIREMENTS.
   2.  APPLICANTS  FOR LICENSE AS A MENTAL HEALTH COUNSELOR WHO HAVE BEEN
 ISSUED  A  LIMITED PERMIT AND HAVE SUCCESSFULLY COMPLETED TWELVE  CREDIT
 HOURS  OF  CLINICAL COURSES, OF WHICH MAY BE COMPLETED POST-GRADUATE, IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS, SHALL BE  AUTHORIZED  TO
 DIAGNOSE AND DEVELOP ASSESSMENT-BASED TREATMENT PLANS WHILE UNDER SUPER-
 VISION.

 A. 6008--A                          3
 
   3.  MENTAL  HEALTH  COUNSELORS  LICENSED  PRIOR TO JUNE THIRTIETH, TWO
 THOUSAND TWENTY-SIX, SHALL BE GRANTED  THE  PRIVILEGE  TO  DIAGNOSE  AND
 DEVELOP  ASSESSMENT-BASED  TREATMENT PLANS IF SUCH MENTAL HEALTH COUNSE-
 LOR:
   (A) FILES AN APPLICATION WITH THE DEPARTMENT;
   (B) IS LICENSED AND REGISTERED AS A MENTAL HEALTH COUNSELOR; AND:
   (I)  PROVIDES  VERIFICATION  OF TWELVE CREDIT HOURS OF CLINICAL COURSE
 WORK AS DEFINED BY THE DEPARTMENT FROM A COLLEGE OR UNIVERSITY  ACCEPTA-
 BLE TO THE DEPARTMENT;
   (II)  PROVIDES VERIFICATION OF A MINIMUM OF TWO YEARS OF EMPLOYMENT AS
 A LICENSED MENTAL HEALTH COUNSELOR BY A LICENSED SUPERVISOR OR COLLEAGUE
 ON FORMS ACCEPTABLE TO THE DEPARTMENT, IN A PROGRAM OR SERVICE OPERATED,
 REGULATED, FUNDED, OR APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE,  THE
 OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES, THE OFFICE OF TEMPORARY AND
 DISABILITY ASSISTANCE,  THE  DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY
 SUPERVISION,  THE  STATE OFFICE FOR THE AGING, THE DEPARTMENT OF HEALTH,
 OR A LOCAL GOVERNMENTAL UNIT AS SUCH TERM IS DEFINED IN  ARTICLE  FORTY-
 ONE  OF THE MENTAL HYGIENE LAW, OR A SOCIAL SERVICES DISTRICT AS DEFINED
 IN SECTION SIXTY-ONE OF THE SOCIAL SERVICES LAW; OR
   (III) PROVIDES VERIFICATION OF BEING LICENSED AS A MENTAL HEALTH COUN-
 SELOR FOR A MINIMUM OF TWO YEARS; AND
   (1) PROVIDES DOCUMENTATION OF AT LEAST SIX CREDIT  HOURS  OF  CLINICAL
 COURSEWORK  AS  DEFINED  BY  THE DEPARTMENT FROM A COLLEGE OR UNIVERSITY
 ACCEPTABLE TO THE DEPARTMENT; OR
   (2) PROVIDES DOCUMENTATION OF AT  LEAST  TWELVE  HOURS  OF  CONTINUING
 EDUCATION  IN CLINICAL COURSEWORK SUBJECT TO SECTION EIGHTY-FOUR HUNDRED
 TWELVE-A OF THIS ARTICLE; AND
   (C) PAYS A FEE TO THE DEPARTMENT OF TWO HUNDRED TWENTY DOLLARS.
   4. A PRIVILEGE TO DIAGNOSE ISSUED UNDER THIS SECTION  SHALL  BE  VALID
 FOR  THE  LIFE  OF THE HOLDER, UNLESS REVOKED, ANNULLED, OR SUSPENDED BY
 THE BOARD OF REGENTS. SUCH PRIVILEGE SHALL BE SUBJECT TO THE SAME  OVER-
 SIGHT AND DISCIPLINARY PROVISIONS AS LICENSES ISSUED UNDER THIS TITLE.
   §  5.    Section  8403 of the education law is amended by adding a new
 subdivision 4 to read as follows:
   4. LICENSED MARRIAGE AND FAMILY THERAPISTS LICENSED AFTER JUNE THIRTI-
 ETH, TWO THOUSAND TWENTY-SIX AND MARRIAGE AND FAMILY THERAPISTS WHO HAVE
 SATISFIED THE REQUIREMENTS UNDER SECTION EIGHTY-FOUR HUNDRED THREE-A  OF
 THIS ARTICLE MAY DIAGNOSE AND DEVELOP ASSESSMENT-BASED TREATMENT PLANS.
   §  6.  Paragraphs  (b) and (c) of subdivision 3 of section 8403 of the
 education law, paragraph (b) as added by chapter 676 of the laws of 2002
 and paragraph (c) as amended by chapter 130 of the  laws  of  2010,  are
 amended to read as follows:
   (b) Education: Have received a master's or doctoral degree in marriage
 and  family  therapy  from  a  program  registered by the department, or
 determined by the department to be  the  substantial  equivalent,  WHICH
 SHALL INCLUDE THE COMPLETION OF AT LEAST TWELVE CREDIT HOURS OF CLINICAL
 COURSEWORK, in accordance with the commissioner's regulations or a grad-
 uate  degree in an allied field from a program registered by the depart-
 ment and graduate level coursework determined to be equivalent  to  that
 required  in  a  program registered by the department.  A PERSON WHO HAS
 RECEIVED A MASTER'S OR EQUIVALENT DEGREE IN MARRIAGE AND FAMILY  THERAPY
 DURING  WHICH  THEY DID NOT COMPLETE ALL TWELVE CREDIT HOURS OF CLINICAL
 COURSES, MAY SATISFY THIS REQUIREMENT BY COMPLETING ANY REMAINING EQUIV-
 ALENT POST-GRADUATE CLINICAL COURSES, IN ACCORDANCE WITH THE COMMISSION-
 ER'S REGULATIONS. This coursework shall include, but not be limited to:

 A. 6008--A                          4
 
   (i) the study of human development, including  individual,  child  and
 family development;
   (ii) psychopathology;
   (iii) marital and family therapy;
   (iv) family law;
   (v) research;
   (vi) professional ethics; and
   (vii) a practicum of at least three hundred client contact hours;
   (c)  Experience:  The  completion of at least [one] TWO thousand [five
 hundred] client contact hours  of  supervised  clinical  experience,  by
 persons  holding  a  degree  from a master's or doctoral program, or the
 substantial equivalent, in  accordance  with  the  commissioner's  regu-
 lations  or the completion of at least [one] TWO thousand [five hundred]
 client CONTACT hours of supervised post-master's clinical experience  in
 marriage and family therapy satisfactory to the department in accordance
 with  the  commissioner's regulations.  SUCH TWO THOUSAND CLIENT CONTACT
 HOURS SHALL INCLUDE DIAGNOSIS, PSYCHOTHERAPY AND ASSESSMENT-BASED TREAT-
 MENT PLANS. Satisfactory experience  obtained  in  an  entity  operating
 under  a  waiver issued by the department pursuant to section sixty-five
 hundred three-a of  this  title  may  be  accepted  by  the  department,
 notwithstanding that such experience may have been obtained prior to the
 effective  date  of such section sixty-five hundred three-a and/or prior
 to the entity having obtained a waiver. The  department  may,  for  good
 cause  shown,  accept  satisfactory  experience  that  was obtained in a
 setting that would have been eligible for a waiver  but  which  has  not
 obtained a waiver from the department or experience that was obtained in
 good  faith  by the applicant under the belief that appropriate authori-
 zation had been obtained for the experience, provided that such  experi-
 ence meets all other requirements for acceptable experience;
   §  7.  The  education law is amended by adding a new section 8403-a to
 read as follows:
   § 8403-A. DIAGNOSIS  PRIVILEGE;  MARRIAGE  AND  FAMILY  THERAPIST.  1.
 APPLICANTS FOR LICENSURE AS A MARRIAGE AND FAMILY COUNSELOR WHO HAVE MET
 THE  REQUIREMENTS  OF  SECTION EIGHTY-FOUR HUNDRED THREE OF THIS ARTICLE
 SHALL BE AUTHORIZED TO DIAGNOSE AND DEVELOP  ASSESSMENT-BASED  TREATMENT
 PLANS WITHOUT MEETING ANY ADDITIONAL REQUIREMENTS.
   2.  APPLICANTS FOR LICENSE AS A MARRIAGE AND FAMILY THERAPIST WHO HAVE
 BEEN ISSUED A LIMITED PERMIT  AND  HAVE  SUCCESSFULLY  COMPLETED  TWELVE
 CREDIT  HOURS OF CLINICAL COURSES, IN ACCORDANCE WITH THE COMMISSIONER'S
 REGULATIONS, SHALL BE AUTHORIZED TO  DIAGNOSE  AND  DEVELOP  ASSESSMENT-
 BASED TREATMENT PLANS WHILE UNDER SUPERVISION.
   3. A MARRIAGE AND FAMILY THERAPIST LICENSED BEFORE JUNE THIRTIETH, TWO
 THOUSAND TWENTY-SIX, SHALL BE AUTHORIZED TO DIAGNOSE AND DEVELOP ASSESS-
 MENT-BASED TREATMENT PLANS IF SUCH MARRIAGE AND FAMILY THERAPIST:
   (A) FILES AN APPLICATION WITH THE DEPARTMENT;
   (B)  IS  LICENSED  AND  REGISTERED AS A MARRIAGE AND FAMILY THERAPIST;
 AND:
   (I) PROVIDES VERIFICATION OF TWELVE CREDIT HOURS OF  CLINICAL  COURSE-
 WORK  AS DEFINED BY THE DEPARTMENT FROM A COLLEGE OR UNIVERSITY ACCEPTA-
 BLE TO THE DEPARTMENT;
   (II) PROVIDES VERIFICATION OF A MINIMUM OF TWO YEARS OF EMPLOYMENT  AS
 A  LICENSED  MARRIAGE  AND  FAMILY THERAPIST BY A LICENSED SUPERVISOR OR
 COLLEAGUE ON FORMS ACCEPTABLE TO THE DEPARTMENT, IN A PROGRAM OR SERVICE
 OPERATED, REGULATED, FUNDED, OR APPROVED BY  THE  DEPARTMENT  OF  MENTAL
 HYGIENE,  THE  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES, THE OFFICE OF
 TEMPORARY AND DISABILITY ASSISTANCE, THE DEPARTMENT OF  CORRECTIONS  AND

 A. 6008--A                          5
 
 COMMUNITY SUPERVISION, THE STATE OFFICE FOR THE AGING, THE DEPARTMENT OF
 HEALTH, OR A LOCAL GOVERNMENTAL UNIT AS  SUCH TERM IS DEFINED BY ARTICLE
 FORTY-ONE  OF  THE  MENTAL HYGIENE LAW, OR A SOCIAL SERVICES DISTRICT AS
 DEFINED IN SECTION SIXTY-ONE OF THE SOCIAL SERVICES LAW; OR
   (III)  PROVIDES  VERIFICATION OF BEING LICENSED AS A LICENSED MARRIAGE
 AND FAMILY THERAPIST FOR A MINIMUM OF TWO YEARS; AND:
   (1) PROVIDES DOCUMENTATION OF AT LEAST SIX CREDIT  HOURS  OF  CLINICAL
 COURSEWORK  AS  DEFINED  BY  THE DEPARTMENT FROM A COLLEGE OR UNIVERSITY
 ACCEPTABLE TO THE DEPARTMENT; OR
   (2) PROVIDES DOCUMENTATION OF AT  LEAST  TWELVE  HOURS  OF  CONTINUING
 EDUCATION  IN CLINICAL COURSEWORK SUBJECT TO SECTION EIGHTY-FOUR HUNDRED
 TWELVE-A OF THIS ARTICLE; AND
   (C) PAYS A FEE TO THE DEPARTMENT OF TWO HUNDRED TWENTY DOLLARS.
   4. A PRIVILEGE TO DIAGNOSE ISSUED UNDER THIS SECTION  SHALL  BE  VALID
 FOR  THE  LIFE  OF THE HOLDER, UNLESS REVOKED, ANNULLED, OR SUSPENDED BY
 THE BOARD OF REGENTS. SUCH A PRIVILEGE SHALL  BE  SUBJECT  TO  THE  SAME
 OVERSIGHT  AND  DISCIPLINARY  PROVISIONS  AS  LICENSES ISSUED UNDER THIS
 TITLE.
   § 8. Section 8405 of the education law is  amended  by  adding  a  new
 subdivision 4 to read as follows:
   4. LICENSED PSYCHOANALYSTS LICENSED AFTER JUNE THIRTIETH, TWO THOUSAND
 TWENTY-SIX  AND PSYCHOANALYSTS WHO HAVE SATISFIED THE REQUIREMENTS UNDER
 SECTION EIGHTY-FOUR HUNDRED FIVE-A OF  THIS  ARTICLE  MAY  DIAGNOSE  AND
 DEVELOP ASSESSMENT-BASED TREATMENT PLANS.
   §  9.  Paragraphs  (b) and (c) of subdivision 3 of section 8405 of the
 education law, paragraph (b) as added by chapter 676 of the laws of 2002
 and paragraph (c) as amended by chapter 130 of the  laws  of  2010,  are
 amended to read as follows:
   (b)  Education:  Have  received  a  master's  degree  or higher from a
 degree-granting program registered by the department or the  substantial
 equivalent  and  have  completed  a  program  of study registered by the
 department in a psychoanalytic  institute  chartered  by  the  board  of
 regents  or  the substantial equivalent as determined by the department.
 The program of study in a psychoanalytic institute shall include course-
 work substantially equivalent to  coursework  required  for  a  master's
 degree  in  a  health  or  mental  health  field of study AND SHALL ALSO
 INCLUDE THE COMPLETION OF AT  LEAST  TWELVE  CREDIT  HOURS  OF  CLINICAL
 COURSES.  AN  INDIVIDUAL  WHO  HAS  COMPLETED  A  LICENSED PSYCHOANALYST
 PROGRAM THAT DID NOT INCLUDE TWELVE CREDIT HOURS OF CLINICAL COURSES MAY
 SATISFY SUCH REQUIREMENT BY COMPLETING ANY  REMAINING  EQUIVALENT  POST-
 GRADUATE  CLINICAL  COURSES, IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
 LATIONS. The coursework shall  include,  but  not  be  limited  to,  the
 following areas:
   (i) personality development;
   (ii) psychoanalytic theory of psychopathology;
   (iii) psychoanalytic theory of psychodiagnosis;
   (iv) sociocultural influence on growth and psychopathology;
   (v) practice technique (including dreams and symbolic processes);
   (vi) analysis of resistance, transference, and countertransference;
   (vii) case seminars on clinical practice;
   (viii) practice in psychopathology and psychodiagnosis;
   (ix) professional ethics and psychoanalytic research methodology; and
   (x)  a  minimum  of  three  hundred hours of personal analysis and one
 hundred fifty hours of supervised analysis;
   (c) Experience: Have completed a  minimum  of  [fifteen  hundred]  TWO
 THOUSAND hours of supervised clinical practice WHICH SHALL INCLUDE DIAG-

 A. 6008--A                          6
 
 NOSIS,  PSYCHOTHERAPY, AND ASSESSMENT-BASED TREATMENT PLANS satisfactory
 to the department and in accordance with the commissioner's regulations.
 Satisfactory experience obtained in an entity operating under  a  waiver
 issued  by the department pursuant to section sixty-five hundred three-a
 of this title may be accepted by the  department,  notwithstanding  that
 such  experience  may  have been obtained prior to the effective date of
 such section sixty-five hundred  three-a  and/or  prior  to  the  entity
 having  obtained  a  waiver.  The  department may, for good cause shown,
 accept satisfactory experience that was obtained in a setting that would
 have been eligible for a waiver but which has not obtained a waiver from
 the department or experience that was obtained  in  good  faith  by  the
 applicant  under  the  belief  that  appropriate  authorization had been
 obtained for the experience, provided that  such  experience  meets  all
 other requirements for acceptable experience;
   §  10.  The education law is amended by adding a new section 8405-a to
 read as follows:
   § 8405-A. DIAGNOSIS PRIVILEGE;  PSYCHOANALYSTS.    1.  APPLICANTS  FOR
 LICENSURE  AS  A  PSYCHOANALYST  WHO HAVE MET THE REQUIREMENT OF SECTION
 EIGHTY-FOUR HUNDRED FIVE OF THIS ARTICLE SHALL BE AUTHORIZED TO DIAGNOSE
 AND DEVELOP ASSESSMENT-BASED TREATMENT PLANS WITHOUT MEETING  ANY  ADDI-
 TIONAL REQUIREMENTS.
   2.  APPLICANTS FOR LICENSE AS A PSYCHOTHERAPIST WHO HAVE BEEN ISSUED A
 LIMITED PERMIT AND HAVE SUCCESSFULLY COMPLETED TWELVE  CREDIT  HOURS  OF
 CLINICAL COURSES, OF WHICH MAY BE COMPLETED POST-GRADUATE, IN ACCORDANCE
 WITH THE COMMISSIONER'S REGULATIONS, SHALL BE AUTHORIZED TO DIAGNOSE AND
 DEVELOP ASSESSMENT-BASED TREATMENT PLANS WHILE UNDER SUPERVISION.
   3.  A  PSYCHOANALYST  LICENSED  PRIOR  TO JUNE THIRTIETH, TWO THOUSAND
 TWENTY-SIX, SHALL BE GRANTED  THE  PRIVILEGE  TO  DIAGNOSE  AND  DEVELOP
 ASSESSMENT-BASED TREATMENT PLANS IF SUCH PSYCHOANALYST:
   (A) FILES AN APPLICATION WITH THE DEPARTMENT;
   (B) IS LICENSED AND REGISTERED AS A PSYCHOANALYST; AND:
   (I)  PROVIDES  VERIFICATION OF TWELVE CREDIT HOURS OF CLINICAL COURSE-
 WORK AS DEFINED BY THE DEPARTMENT FROM A COLLEGE, UNIVERSITY, OR  INSTI-
 TUTE ACCEPTABLE TO THE DEPARTMENT;
   (II)  PROVIDES VERIFICATION OF A MINIMUM OF TWO YEARS OF EMPLOYMENT AS
 A LICENSED PSYCHOANALYST BY A LICENSED SUPERVISOR OR COLLEAGUE ON  FORMS
 ACCEPTABLE  TO THE DEPARTMENT, IN A PROGRAM OR  SERVICE  OPERATED, REGU-
 LATED, FUNDED, OR  APPROVED  BY  THE DEPARTMENT OF MENTAL  HYGIENE,  THE
 OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES, THE OFFICE OF TEMPORARY AND
 DISABILITY  ASSISTANCE, THE   DEPARTMENT OF  CORRECTIONS  AND  COMMUNITY
 SUPERVISION, THE STATE OFFICE FOR THE AGING, THE DEPARTMENT  OF  HEALTH,
 OR  A  LOCAL GOVERNMENTAL UNIT AS SUCH TERM IS DEFINED BY ARTICLE FORTY-
 ONE OF THE MENTAL HYGIENE LAW, OR A SOCIAL SERVICES DISTRICT AS  DEFINED
 BY SECTION SIXTY-ONE OF THE SOCIAL SERVICES LAW; OR
   (III) PROVIDES VERIFICATION OF BEING LICENSED AS A LICENSED PSYCHOANA-
 LYST FOR A MINIMUM OF THREE YEARS; AND
   (1)  PROVIDES  DOCUMENTATION  OF AT LEAST SIX CREDIT HOURS OF CLINICAL
 COURSEWORK AS DEFINED BY THE DEPARTMENT FROM A COLLEGE,  UNIVERSITY,  OR
 INSTITUTE ACCEPTABLE TO THE DEPARTMENT; OR
   (2)  PROVIDES  DOCUMENTATION  OF  AT  LEAST TWELVE HOURS OF CONTINUING
 EDUCATION IN CLINICAL COURSEWORK SUBJECT TO SECTION EIGHTY-FOUR  HUNDRED
 TWELVE-A OF THIS ARTICLE; AND
   (C) PAYS A FEE TO THE DEPARTMENT OF TWO HUNDRED TWENTY DOLLARS.
   4.  A  PRIVILEGE  TO DIAGNOSE ISSUED UNDER THIS SECTION SHALL BE VALID
 FOR THE LIFE OF THE HOLDER, UNLESS REVOKED, ANNULLED,  OR  SUSPENDED  BY
 THE  BOARD  OF  REGENTS.  SUCH  A PRIVILEGE SHALL BE SUBJECT TO THE SAME

 A. 6008--A                          7
 
 OVERSIGHT AND DISCIPLINARY PROVISIONS  AS  LICENSES  ISSUED  UNDER  THIS
 TITLE.
   §  11.  Subdivision 2 of section 8409 of the education law, as amended
 by chapter 485 of the laws of 2013, is amended to read as follows:
   2. Limited permits shall  be  for  [two]  THREE  years;  such  limited
 permits  may  be renewed, at the discretion of the department, for up to
 two additional one year periods.
   § 12. Subparagraph (i) of paragraph (c) of subdivision  8  of  section
 8410  of the education law, as amended by section 5 of part Y of chapter
 57 of the laws of 2018, is amended to read as follows:
   (i) Prevent a person without a license from participating as a  member
 of  a  multi-disciplinary team to assist in the development of or imple-
 mentation of a behavioral health services or  treatment  plan;  provided
 that  such  team  shall include one or more professionals licensed under
 this article or articles one hundred  thirty-one,  one  hundred  thirty-
 nine,  one  hundred fifty-three or one hundred fifty-four of this [chap-
 ter] TITLE; and provided, further,  that  the  activities  performed  by
 members  of  the team shall be consistent with the scope of practice for
 each team member licensed or authorized under THIS title [VIII  of  this
 chapter],  and  those  who  are  not so authorized may not engage in the
 following restricted practices:  the  diagnosis  of  mental,  emotional,
 behavioral,  addictive  and  developmental  disorders  and disabilities;
 patient assessment and evaluating; the  provision  of  psychotherapeutic
 treatment;  the  provision  of  treatment  other  than psychotherapeutic
 treatment; or independently developing and implementing assessment-based
 treatment plans as defined in  section  seventy-seven  hundred  one  AND
 SECTION EIGHT THOUSAND ONE of this [chapter] TITLE.
   §  13.  Subparagraph  (i) of paragraph (c) of subdivision 7 of section
 7706 of the education law, as amended by section 4 of part Y of  chapter
 57 of the laws of 2018, is amended to read as follows:
   (i)  Prevent a person without a license from participating as a member
 of a multi-disciplinary team to assist in the development of  or  imple-
 mentation  of  a  behavioral health services or treatment plan; provided
 that such team shall include one or more  professionals  licensed  under
 this  article  or  articles  one hundred thirty-one, one hundred thirty-
 nine, one hundred fifty-three or one hundred sixty-three of this  [chap-
 ter]  TITLE;  and  provided,  further,  that the activities performed by
 members of the team shall be consistent with the scope of  practice  for
 each  team  member licensed or authorized under THIS title [VIII of this
 chapter], and those who are not so authorized  may  not  engage  in  the
 following  restricted  practices:  the  diagnosis  of mental, emotional,
 behavioral, addictive  and  developmental  disorders  and  disabilities;
 patient  assessment  and  evaluating; the provision of psychotherapeutic
 treatment; the  provision  of  treatment  other  than  psychotherapeutic
 treatment; or independently developing and implementing assessment-based
 treatment  plans as defined in section seventy-seven hundred one of this
 article AND SECTION EIGHT THOUSAND ONE OF THIS TITLE.
   § 14. Subparagraph (i) of paragraph (c) of subdivision 10  of  section
 7605  of the education law, as amended by section 2 of part Y of chapter
 57 of the laws of 2018, is amended to read as follows:
   (i) A person without a license from participating as  a  member  of  a
 multi-disciplinary  team  to assist in the development of or implementa-
 tion of a behavioral health services or treatment  plan;  provided  that
 such  team  shall  include one or more professionals licensed under this
 article or articles one hundred thirty-one, one hundred thirty-nine, one
 hundred fifty-four or one hundred sixty-three of this  [chapter]  TITLE;

 A. 6008--A                          8
 
 and  provided,  further, that the activities performed by members of the
 team shall be consistent with the scope of practice for each team member
 licensed or authorized under THIS title  [VIII  of  this  chapter],  and
 those  who  are  not  so  authorized  may  not  engage  in the following
 restricted practices: the diagnosis of  mental,  emotional,  behavioral,
 addictive  and developmental disorders and disabilities; patient assess-
 ment and evaluating; the provision of psychotherapeutic  treatment;  the
 provision  of treatment other than psychotherapeutic treatment; or inde-
 pendently developing and implementing assessment-based  treatment  plans
 as  defined in section seventy-seven hundred one AND SECTION EIGHT THOU-
 SAND ONE of this title.
   § 15. Section 8410 of the education law is amended  by  adding  a  new
 subdivision 11 to read as follows:
   11.  PROHIBIT  OR  LIMIT THE ACTIVITIES OR SERVICES ON THE PART OF ANY
 PERSON IN THE EMPLOY OF A PROGRAM OR SERVICE OPERATED, REGULATED,  FUND-
 ED, OR APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE OFFICE OF CHIL-
 DREN AND FAMILY SERVICES, THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
 ANCE, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, THE STATE
 OFFICE  FOR THE AGING, THE DEPARTMENT OF HEALTH, OR A LOCAL GOVERNMENTAL
 UNIT AS SUCH TERM IS DEFINED IN ARTICLE FORTY-ONE OF THE MENTAL  HYGIENE
 LAW,  OR  A  SOCIAL SERVICES DISTRICT AS DEFINED IN SECTION SIXTY-ONE OF
 THE SOCIAL SERVICES LAW, PROVIDED, HOWEVER, THIS SUBDIVISION  SHALL  NOT
 AUTHORIZE THE USE OF ANY LICENSE AUTHORIZED PURSUANT TO THIS ARTICLE.
   §  16.  Section  7706  of the education law is amended by adding a new
 subdivision 9 to read as follows:
   9. PROHIBIT OR LIMIT THE ACTIVITIES OR SERVICES ON  THE  PART  OF  ANY
 PERSON  IN THE EMPLOY OF A PROGRAM OR SERVICE OPERATED, REGULATED, FUND-
 ED, OR APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE OFFICE OF CHIL-
 DREN AND FAMILY SERVICES, THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
 ANCE, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, THE STATE
 OFFICE FOR THE AGING, THE DEPARTMENT OF HEALTH, OR A LOCAL  GOVERNMENTAL
 UNIT  AS SUCH TERM IS DEFINED IN ARTICLE FORTY-ONE OF THE MENTAL HYGIENE
 LAW, OR A SOCIAL SERVICES DISTRICT AS DEFINED IN  SECTION  SIXTY-ONE  OF
 THE  SOCIAL  SERVICES LAW, PROVIDED, HOWEVER, THIS SUBDIVISION SHALL NOT
 AUTHORIZE THE USE OF ANY LICENSE  AUTHORIZED  PURSUANT  TO  ARTICLE  ONE
 HUNDRED SIXTY-THREE OF THIS TITLE.
   §  17.  Section  7605  of the education law is amended by adding a new
 subdivision 14 to read as follows:
   14. THE ACTIVITIES OR SERVICES ON THE PART OF ANY PERSON IN THE EMPLOY
 OF A PROGRAM OR SERVICE OPERATED, REGULATED, FUNDED, OR APPROVED BY  THE
 DEPARTMENT  OF  MENTAL  HYGIENE,  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES, THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, THE DEPART-
 MENT OF CORRECTIONS AND COMMUNITY SUPERVISION, THE STATE OFFICE FOR  THE
 AGING,  THE  DEPARTMENT  OF HEALTH, OR A LOCAL GOVERNMENTAL UNIT AS SUCH
 TERM IS DEFINED IN ARTICLE FORTY-ONE OF THE MENTAL  HYGIENE  LAW,  OR  A
 SOCIAL  SERVICES  DISTRICT AS DEFINED IN SECTION SIXTY-ONE OF THE SOCIAL
 SERVICES LAW, PROVIDED, HOWEVER, THIS SUBDIVISION  SHALL  NOT  AUTHORIZE
 THE  USE  OF  ANY  LICENSE  AUTHORIZED  PURSUANT  TO ARTICLE ONE HUNDRED
 SIXTY-THREE OF THIS TITLE.
   § 18. The education law is amended by adding a new section  8412-a  to
 read as follows:
   § 8412-A. CONTINUING EDUCATION FOR DIAGNOSIS PRIVILEGE. 1.  CONTINUING
 EDUCATION  REQUIRED  UNDER CLAUSE TWO OF SUBPARAGRAPH (III) OF PARAGRAPH
 (B) OF SUBDIVISION THREE OF SECTION EIGHTY-FOUR HUNDRED  TWO-A  OF  THIS
 ARTICLE SHALL:

 A. 6008--A                          9
 
   (A)  BE  OFFERED  BY A PROVIDER APPROVED BY THE DEPARTMENT PURSUANT TO
 PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION EIGHTY-FOUR HUNDRED TWELVE
 OF THIS ARTICLE; AND
   (B)  BE  DETERMINED BY THE DEPARTMENT AS PROVIDING CLINICAL CONTENT IN
 THE FOLLOWING AREAS:
   (I) DIAGNOSIS IN CLINICAL PRACTICE;
   (II) ASSESSMENT BASED TREATMENT; OR
   (III) CLINICAL PRACTICE WITH GENERAL AND SPECIAL POPULATIONS.
   2. THE DEPARTMENT  SHALL  MAINTAIN  A  LIST  OF  CONTINUING  EDUCATION
 APPROVED BY THE DEPARTMENT AS MEETING THE REQUIREMENTS OF THIS SECTION.
   3. A SEPARATE CONTINUING EDUCATION APPROVAL APPLICATION FEE, AS DETER-
 MINED  BY THE DEPARTMENT, SHALL BE APPLIED TO PROVIDERS SEEKING APPROVAL
 OF CONTINUING EDUCATION THAT MEETS THE REQUIREMENTS OF THIS SECTION.
   § 19. This act shall take effect one year after it shall have become a
 law, provided, however, that:
   (a) sections three, six and nine of this act shall  take  effect  June
 30, 2026; and
   (b)  sections  fifteen,  sixteen  and seventeen of this act shall take
 effect June 24, 2021 and shall expire January 1,  2024  when  upon  such
 date the provisions of such sections shall be deemed repealed.
   Effective  immediately,  the  addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this  act  on  or
 before  its effective date are authorized to be made and completed on or
 before such effective date.

                             
                     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
              

 A. 6008--C                          2
 
 evaluate  and treat dysfunctions and disorders for purposes of providing
 appropriate mental health counseling services.
   1-A.  MENTAL  HEALTH  DIAGNOSES.  (A)  "DIAGNOSIS"  IN  THE CONTEXT OF
 LICENSED MENTAL HEALTH COUNSELING PRACTICE SHALL  MEAN  THE  PROCESS  OF
 DISTINGUISHING,  BEYOND  A  GENERAL  ASSESSMENT, 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.
   (B)  "DEVELOPMENT  OF ASSESSMENT-BASED TREATMENT PLANS" IN THE CONTEXT
 OF LICENSED MENTAL HEALTH COUNSELING PRACTICE SHALL MEAN THE DEVELOPMENT
 OF AN INTEGRATED PLAN OF PRIORITIZED INTERVENTIONS, THAT IS BASED ON THE
 DIAGNOSIS AND PSYCHOSOCIAL ASSESSMENT OF A CLIENT,  TO  ADDRESS  MENTAL,
 EMOTIONAL,  BEHAVIORAL,  DEVELOPMENTAL  AND ADDICTIVE DISORDERS, IMPAIR-
 MENTS AND DISABILITIES, REACTIONS TO ILLNESSES,  INJURIES,  DISABILITIES
 AND IMPAIRMENTS, AND SOCIAL PROBLEMS.
   (C)  NOTHING IN THIS SUBDIVISION OR IN SUBDIVISION ONE OR FOUR OF THIS
 SECTION SHALL BE CONSTRUED TO LIMIT THE SCOPE  OF  MENTAL  HEALTH  COUN-
 SELING PRACTICE AS AUTHORIZED PRIOR TO THE EFFECTIVE DATE OF THIS SUBDI-
 VISION. THE AUTHORITY TO DIAGNOSE SHALL BE AUTHORIZED ONLY IN ACCORDANCE
 WITH  THE  PROVISIONS OF THIS ARTICLE AND REGULATIONS PROMULGATED BY THE
 COMMISSIONER.
   4. CERTIFICATE TO DIAGNOSE. (A) CERTIFICATE.  THE  COMMISSIONER  SHALL
 ISSUE  APPROPRIATE  CERTIFICATES  TO  DIAGNOSE  IN  ACCORDANCE  WITH THE
 PROVISIONS OF THIS SUBDIVISION TO THOSE  MENTAL  HEALTH  COUNSELORS  WHO
 HAVE SATISFACTORILY COMPLETED THE FOLLOWING:
   (I)  STANDARD PATHWAY. A MENTAL HEALTH COUNSELOR WHO HAS COMPLETED THE
 STANDARD PATHWAY SHALL HAVE:
   (1) RECEIVED A MASTER'S OR HIGHER DEGREE IN MENTAL  HEALTH  COUNSELING
 FROM A PROGRAM REGISTERED BY THE DEPARTMENT OR DETERMINED BY THE DEPART-
 MENT  TO  BE THE SUBSTANTIAL EQUIVALENT THEREOF, WHICH SHALL INCLUDE THE
 COMPLETION OF AT LEAST TWELVE  CREDIT  HOURS  OF  CLINICAL  COURSES,  IN
 ACCORDANCE  WITH  THE  COMMISSIONER'S  REGULATIONS.  A  PERSON  WHO  HAS
 RECEIVED A MASTER'S, OR EQUIVALENT DEGREE IN  COUNSELING,  DURING  WHICH
 THEY  DID  NOT COMPLETE ALL TWELVE CREDIT HOURS OF CLINICAL COURSES, MAY
 SATISFY SUCH REQUIREMENT BY COMPLETING ANY  REMAINING  EQUIVALENT  POST-
 GRADUATE  CLINICAL  COURSES, IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
 LATIONS. THE GRADUATE COURSEWORK SHALL INCLUDE, BUT NOT BE  LIMITED  TO,
 THE FOLLOWING AREAS:
   (A) HUMAN GROWTH AND DEVELOPMENT;
   (B) SOCIAL AND CULTURAL FOUNDATIONS OF COUNSELING;
   (C) COUNSELING THEORY, DIAGNOSIS, PRACTICE AND PSYCHOPATHOLOGY;
   (D) GROUP DYNAMICS;
   (E) LIFESTYLE AND CAREER DEVELOPMENT;
   (F)  ASSESSMENT AND APPRAISAL OF INDIVIDUALS, COUPLES AND FAMILIES AND
 GROUPS;
   (G) RESEARCH AND PROGRAM EVALUATION;
   (H) PROFESSIONAL ORIENTATION AND ETHICS;
   (I) FOUNDATION OF MENTAL HEALTH COUNSELING AND CONSULTATION;
   (J) CLINICAL INSTRUCTION; AND
   (K) COMPLETION OF A MINIMUM ONE YEAR SUPERVISED INTERNSHIP OR  PRACTI-
 CUM IN MENTAL HEALTH COUNSELING; AND
   (2)  COMPLETED  A  MINIMUM  OF  THREE  THOUSAND HOURS OF POST-MASTER'S
 SUPERVISED EXPERIENCE RELEVANT TO THE PRACTICE OF  MENTAL  HEALTH  COUN-
 SELING, OF WHICH TWO THOUSAND HOURS SHALL BE DIRECT CLIENT CONTACT HOURS
 THAT  INCLUDE  DIAGNOSIS,  PSYCHOTHERAPY, AND ASSESSMENT-BASED TREATMENT
 A. 6008--C                          3
 
 PLANS, SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE  COMMISSION-
 ER'S  REGULATIONS. SATISFACTORY EXPERIENCE OBTAINED IN AN ENTITY OPERAT-
 ING UNDER A WAIVER ISSUED BY THE DEPARTMENT PURSUANT TO  SECTION  SIXTY-
 FIVE  HUNDRED  THREE-A  OF THIS TITLE MAY BE ACCEPTED BY THE DEPARTMENT,
 NOTWITHSTANDING THAT SUCH EXPERIENCE MAY HAVE BEEN OBTAINED PRIOR TO THE
 EFFECTIVE DATE OF SUCH SECTION SIXTY-FIVE HUNDRED THREE-A  AND/OR  PRIOR
 TO  THE  ENTITY  HAVING  OBTAINED A WAIVER. THE DEPARTMENT MAY, FOR GOOD
 CAUSE SHOWN, ACCEPT SATISFACTORY  EXPERIENCE  THAT  WAS  OBTAINED  IN  A
 SETTING  THAT  WOULD  HAVE  BEEN ELIGIBLE FOR A WAIVER BUT WHICH HAS NOT
 OBTAINED A WAIVER FROM THE DEPARTMENT OR EXPERIENCE THAT WAS OBTAINED IN
 GOOD FAITH BY THE APPLICANT UNDER THE BELIEF THAT  APPROPRIATE  AUTHORI-
 ZATION  HAD BEEN OBTAINED FOR THE EXPERIENCE, PROVIDED THAT SUCH EXPERI-
 ENCE MEETS ALL OTHER REQUIREMENTS FOR ACCEPTABLE EXPERIENCE; OR
   (II) ALTERNATIVE PATHWAY. THE  COMMISSIONER  SHALL  ISSUE  APPROPRIATE
 CERTIFICATES TO MENTAL HEALTH COUNSELORS LICENSED PRIOR TO THE EFFECTIVE
 DATE OF THIS SUBDIVISION WHO HAVE COMPLETED TWELVE CREDIT HOURS OF CLIN-
 ICAL  COURSES  OF  WHICH  A  MINIMUM OF THREE CREDIT HOURS SHALL INCLUDE
 CONTENT IN DIAGNOSIS IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   § 2. Paragraph (g) of subdivision 3 of section 8402 of  the  education
 law,  as  amended by chapter 210 of the laws of 2004, is amended to read
 as follows:
   (g) Fees: Pay a fee of one hundred seventy-five dollars for an initial
 license [and], a fee of one hundred seventy dollars for  each  triennial
 registration  period,  AND  FOR  THE  ADDITIONAL  AUTHORIZATION  FOR THE
 PURPOSE OF DIAGNOSING, A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS.
   § 3. Subdivision 1 of section 8403 of the education law, as  added  by
 chapter 676 of the laws of 2002, is amended and two new subdivisions 1-a
 and 4 are added 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:
   (a) the DIAGNOSIS, assessment 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, AND ASSESSMENT-BASED TREATMENT PLANS to identify  and
 evaluate  AND TREAT dysfunctions and disorders for purposes of providing
 appropriate marriage and family therapy services.
   1-A. DIAGNOSES. (A) "DIAGNOSIS" IN THE CONTEXT  OF  LICENSED  MARRIAGE
 AND  FAMILY  THERAPY  PRACTICE SHALL MEAN 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.
   (B)  "DEVELOPMENT  OF ASSESSMENT-BASED TREATMENT PLANS" IN THE CONTEXT
 OF LICENSED MARRIAGE AND FAMILY THERAPY PRACTICE SHALL MEAN THE DEVELOP-
 MENT OF AN INTEGRATED PLAN OF PRIORITIZED INTERVENTIONS, THAT  IS  BASED
 A. 6008--C                          4
 
 ON  THE  DIAGNOSIS  AND  PSYCHOSOCIAL ASSESSMENT OF A CLIENT, TO ADDRESS
 MENTAL, EMOTIONAL, BEHAVIORAL, DEVELOPMENTAL  AND  ADDICTIVE  DISORDERS,
 IMPAIRMENTS AND DISABILITIES, REACTIONS TO ILLNESSES, INJURIES, DISABIL-
 ITIES AND IMPAIRMENTS, AND SOCIAL PROBLEMS.
   (C)  NOTHING IN THIS SUBDIVISION OR IN SUBDIVISION ONE OR FOUR OF THIS
 SECTION SHALL BE CONSTRUED TO LIMIT THE SCOPE  OF  MARRIAGE  AND  FAMILY
 THERAPY  PRACTICE  AS  AUTHORIZED  PRIOR  TO  THE EFFECTIVE DATE OF THIS
 SUBDIVISION. THE AUTHORITY TO  DIAGNOSE  SHALL  BE  AUTHORIZED  ONLY  IN
 ACCORDANCE  WITH  THE PROVISIONS OF THIS ARTICLE AND REGULATIONS PROMUL-
 GATED BY THE COMMISSIONER.
   4. CERTIFICATE TO DIAGNOSE. (A) CERTIFICATE.  THE  COMMISSIONER  SHALL
 ISSUE  APPROPRIATE  CERTIFICATES  TO  DIAGNOSE  IN  ACCORDANCE  WITH THE
 PROVISIONS OF THIS SUBDIVISION TO THOSE MARRIAGE AND  FAMILY  COUNSELORS
 WHO HAVE SATISFACTORILY COMPLETED THE FOLLOWING:
   (I)  STANDARD  PATHWAY.  A  MARRIAGE  AND  FAMILY  COUNSELOR  WHO  HAS
 COMPLETED THE STANDARD PATHWAY SHALL HAVE:
   (1) RECEIVED A MASTER'S OR DOCTORAL DEGREE WITH  A  MINIMUM  OF  SIXTY
 CREDIT HOURS IN MARRIAGE AND FAMILY THERAPY FROM A PROGRAM REGISTERED BY
 THE  DEPARTMENT,  OR  DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL
 EQUIVALENT, WHICH SHALL INCLUDE THE COMPLETION OF AT LEAST TWELVE CREDIT
 HOURS OF CLINICAL COURSEWORK,  IN  ACCORDANCE  WITH  THE  COMMISSIONER'S
 REGULATIONS  OR  A  GRADUATE  DEGREE  IN  AN ALLIED FIELD FROM A PROGRAM
 REGISTERED BY THE DEPARTMENT AND GRADUATE LEVEL COURSEWORK DETERMINED TO
 BE EQUIVALENT TO THAT REQUIRED IN A PROGRAM REGISTERED  BY  THE  DEPART-
 MENT.  A  PERSON  WHO  HAS  RECEIVED  A MASTER'S OR EQUIVALENT DEGREE IN
 MARRIAGE AND FAMILY THERAPY DURING  WHICH  THEY  DID  NOT  COMPLETE  ALL
 TWELVE CREDIT HOURS OF CLINICAL COURSES, MAY SATISFY SUCH REQUIREMENT BY
 COMPLETING  ANY  REMAINING EQUIVALENT POST-GRADUATE CLINICAL COURSES, IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.  SUCH  COURSEWORK  SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (A)  THE  STUDY  OF HUMAN DEVELOPMENT, INCLUDING INDIVIDUAL, CHILD AND
 FAMILY DEVELOPMENT;
   (B) DIAGNOSIS AND PSYCHOPATHOLOGY;
   (C) MARITAL AND FAMILY THERAPY;
   (D) FAMILY LAW;
   (E) RESEARCH;
   (F) PROFESSIONAL ETHICS; AND
   (G) A PRACTICUM OF AT LEAST THREE HUNDRED CLIENT CONTACT HOURS; AND
   (2) COMPLETED A MINIMUM OF TWO THOUSAND HOURS OF POST-MASTER'S  SUPER-
 VISED EXPERIENCE RELEVANT TO THE PRACTICE OF MARRIAGE AND FAMILY THERAPY
 COMPRISED  OF DIRECT CLIENT CONTACT HOURS INCLUDING DIAGNOSIS, PSYCHOTH-
 ERAPY AND  ASSESSMENT-BASED  TREATMENT  PLANS.  SATISFACTORY  EXPERIENCE
 OBTAINED  IN AN ENTITY OPERATING UNDER A WAIVER ISSUED BY THE DEPARTMENT
 PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A  OF  THIS  TITLE  MAY  BE
 ACCEPTED  BY  THE  DEPARTMENT,  NOTWITHSTANDING THAT SUCH EXPERIENCE MAY
 HAVE BEEN OBTAINED PRIOR TO THE EFFECTIVE DATE OF  SUCH  SECTION  SIXTY-
 FIVE  HUNDRED THREE-A AND/OR PRIOR TO THE ENTITY HAVING OBTAINED A WAIV-
 ER. THE DEPARTMENT MAY, FOR GOOD CAUSE SHOWN, ACCEPT SATISFACTORY  EXPE-
 RIENCE  THAT WAS OBTAINED IN A SETTING THAT WOULD HAVE BEEN ELIGIBLE FOR
 A WAIVER BUT WHICH HAS NOT OBTAINED A  WAIVER  FROM  THE  DEPARTMENT  OR
 EXPERIENCE  THAT  WAS  OBTAINED IN GOOD FAITH BY THE APPLICANT UNDER THE
 BELIEF THAT APPROPRIATE AUTHORIZATION HAD BEEN OBTAINED FOR THE  EXPERI-
 ENCE,  PROVIDED  THAT  SUCH  EXPERIENCE MEETS ALL OTHER REQUIREMENTS FOR
 ACCEPTABLE EXPERIENCE;
   (II) ALTERNATIVE PATHWAY. THE  COMMISSIONER  SHALL  ISSUE  APPROPRIATE
 CERTIFICATES  TO  MARRIAGE  AND  FAMILY THERAPISTS LICENSED PRIOR TO THE
 A. 6008--C                          5
 
 EFFECTIVE DATE OF THIS SUBDIVISION  WHO  HAVE  COMPLETED  TWELVE  CREDIT
 HOURS OF CLINICAL COURSES OF WHICH A MINIMUM OF THREE CREDIT HOURS SHALL
 INCLUDE CONTENT IN DIAGNOSIS IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
 LATIONS.
   §  4.  Paragraph (g) of subdivision 3 of section 8403 of the education
 law, as amended by chapter 210 of the laws of 2004, is amended  to  read
 as follows:
   (g) Fees: Pay a fee of one hundred seventy-five dollars for an initial
 license  [and],  a fee of one hundred seventy dollars for each triennial
 registration period,  AND  FOR  THE  ADDITIONAL  AUTHORIZATION  FOR  THE
 PURPOSE OF DIAGNOSING, A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS.
   §  5.  Subdivision 1 of section 8405 of the education law, as added by
 chapter 676 of the laws of 2002, is amended and two new subdivisions 1-a
 and 4 are added 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, DIAGNOSIS and interpre-
 tation 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  interpersonal  relationships
 and  emotional  development,  to  facilitate  changes in personality and
 behavior through the use of verbal and nonverbal cognitive and emotional
 communication, and to develop adaptive functioning; and
   (b) the use of assessment instruments [and], mental health  counseling
 and  psychotherapy,  AND  ASSESSMENT-BASED  TREATMENT PLANS to identify,
 evaluate and treat dysfunctions and disorders for purposes of  providing
 appropriate psychoanalytic services.
   1-A. DIAGNOSES. (A) "DIAGNOSIS" IN THE CONTEXT OF LICENSED PSYCHOANAL-
 YSIS PRACTICE SHALL MEAN THE PROCESS OF DISTINGUISHING, BEYOND A GENERAL
 PSYCHOANALYSIS  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.
   (B) "DEVELOPMENT OF ASSESSMENT-BASED TREATMENT PLANS" IN  THE  CONTEXT
 OF  LICENSED  PSYCHOANALYSIS  PRACTICE  SHALL MEAN THE DEVELOPMENT OF AN
 INTEGRATED PLAN OF PRIORITIZED INTERVENTIONS, THAT IS BASED ON THE DIAG-
 NOSIS AND PSYCHOSOCIAL  ASSESSMENT  OF  A  CLIENT,  TO  ADDRESS  MENTAL,
 EMOTIONAL,  BEHAVIORAL,  DEVELOPMENTAL  AND ADDICTIVE DISORDERS, IMPAIR-
 MENTS AND DISABILITIES, REACTIONS TO ILLNESSES,  INJURIES,  DISABILITIES
 AND IMPAIRMENTS, AND SOCIAL PROBLEMS.
   (C)  NOTHING IN THIS SUBDIVISION OR IN SUBDIVISION ONE OR FOUR OF THIS
 SECTION SHALL BE CONSTRUED TO LIMIT THE SCOPE OF LICENSED PSYCHOANALYSIS
 PRACTICE AS AUTHORIZED PRIOR TO THE EFFECTIVE DATE OF THIS  SUBDIVISION.
 THE  AUTHORITY  TO  DIAGNOSE SHALL BE AUTHORIZED ONLY IN ACCORDANCE WITH
 THE PROVISIONS OF  THIS  ARTICLE  AND  REGULATIONS  PROMULGATED  BY  THE
 COMMISSIONER.
   4.  CERTIFICATE  TO  DIAGNOSE. (A) CERTIFICATE. THE COMMISSIONER SHALL
 ISSUE APPROPRIATE  CERTIFICATES  TO  DIAGNOSE  IN  ACCORDANCE  WITH  THE
 PROVISION OF THIS SUBDIVISION TO THOSE PSYCHOANALYSTS WHO HAVE SATISFAC-
 TORILY COMPLETED THE FOLLOWING:
   (I)  STANDARD  PATHWAY. A PSYCHOANALYST WHO HAS COMPLETED THE STANDARD
 PATHWAY SHALL HAVE:
   (1) RECEIVED A  MASTER'S  DEGREE  OR  HIGHER  FROM  A  DEGREE-GRANTING
 PROGRAM  REGISTERED  BY THE DEPARTMENT OR THE SUBSTANTIAL EQUIVALENT AND
 HAVE COMPLETED A PROGRAM OF STUDY REGISTERED  BY  THE  DEPARTMENT  IN  A
 PSYCHOANALYTIC  INSTITUTE  CHARTERED  BY  THE  BOARD  OF  REGENTS OR THE
 A. 6008--C                          6
 
 SUBSTANTIAL EQUIVALENT AS DETERMINED BY THE DEPARTMENT.  THE PROGRAM  OF
 STUDY  IN  A  PSYCHOANALYTIC INSTITUTE SHALL INCLUDE COURSEWORK SUBSTAN-
 TIALLY EQUIVALENT TO COURSEWORK REQUIRED FOR  A  MASTER'S  DEGREE  IN  A
 HEALTH  OR  MENTAL  HEALTH  FIELD  OF STUDY WHICH SHALL ALSO INCLUDE THE
 COMPLETION OF AT LEAST TWELVE CREDIT HOURS, OR  THE  SUBSTANTIAL  EQUIV-
 ALENT, OF CLINICAL COURSES, AS DETERMINED BY THE DEPARTMENT. AN INDIVID-
 UAL  WHO  HAS  COMPLETED  A  LICENSED PSYCHOANALYST PROGRAM THAT DID NOT
 INCLUDE TWELVE CREDIT HOURS, OR THE SUBSTANTIAL EQUIVALENT, OF  CLINICAL
 COURSES  MAY SATISFY SUCH REQUIREMENT BY COMPLETING ANY REMAINING EQUIV-
 ALENT POST-GRADUATE CLINICAL COURSES, IN ACCORDANCE WITH THE COMMISSION-
 ER'S REGULATIONS. THE COURSEWORK SHALL INCLUDE, BUT NOT BE  LIMITED  TO,
 THE FOLLOWING AREAS:
   (A) PERSONALITY DEVELOPMENT;
   (B)_PSYCHOANALYTIC THEORY OF PSYCHOPATHOLOGY;
   (C) DIAGNOSIS, AND PSYCHOANALYTIC THEORY OF PSYCHODIAGNOSIS;
   (D) SOCIOCULTURAL INFLUENCE ON GROWTH AND PSYCHOPATHOLOGY;
   (E) PRACTICE TECHNIQUE (INCLUDING DREAMS AND SYMBOLIC PROCESSES);
   (F) ANALYSIS OF RESISTANCE, TRANSFERENCE, AND COUNTERTRANSFERENCE;
   (G) CASE SEMINARS ON CLINICAL PRACTICE;
   (H) PRACTICE IN PSYCHOPATHOLOGY AND PSYCHODIAGNOSIS;
   (I) PROFESSIONAL ETHICS AND PSYCHOANALYTIC RESEARCH METHODOLOGY; AND
   (J)  A  MINIMUM  OF  THREE  HUNDRED HOURS OF PERSONAL ANALYSIS AND ONE
 HUNDRED FIFTY HOURS OF SUPERVISED ANALYSIS; AND
   (2) COMPLETED A MINIMUM OF TWO THOUSAND HOURS OF  SUPERVISED  CLINICAL
 PRACTICE  RELEVANT TO THE PRACTICE OF PSYCHOANALYSIS COMPRISED OF DIRECT
 CLIENT CONTACT HOURS INCLUDING  DIAGNOSIS,  PSYCHOTHERAPY,  AND  ASSESS-
 MENT-BASED TREATMENT PLANS SATISFACTORY TO THE DEPARTMENT AND IN ACCORD-
 ANCE WITH THE COMMISSIONER'S REGULATIONS. THIS SUPERVISED CLINICAL PRAC-
 TICE  MAY  NOT  BEGIN PRIOR TO THE SUCCESSFUL COMPLETION OF TWO YEARS OF
 COURSEWORK THAT INCLUDES TWELVE CREDIT HOURS, OR THE SUBSTANTIAL  EQUIV-
 ALENT,  OF  CLINICAL COURSEWORK, AS DETERMINED BY THE DEPARTMENT. SATIS-
 FACTORY EXPERIENCE OBTAINED IN AN ENTITY OPERATING UNDER A WAIVER ISSUED
 BY THE DEPARTMENT PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS
 TITLE MAY BE ACCEPTED BY THE DEPARTMENT, NOTWITHSTANDING THAT SUCH EXPE-
 RIENCE MAY HAVE BEEN OBTAINED  PRIOR  TO  THE  EFFECTIVE  DATE  OF  SUCH
 SECTION  SIXTY-FIVE  HUNDRED  THREE-A  AND/OR PRIOR TO THE ENTITY HAVING
 OBTAINED A WAIVER.  THE DEPARTMENT MAY, FOR  GOOD  CAUSE  SHOWN,  ACCEPT
 SATISFACTORY  EXPERIENCE  THAT WAS OBTAINED IN A SETTING THAT WOULD HAVE
 BEEN ELIGIBLE FOR A WAIVER BUT WHICH HAS NOT OBTAINED A WAIVER FROM  THE
 DEPARTMENT  OR  EXPERIENCE THAT WAS OBTAINED IN GOOD FAITH BY THE APPLI-
 CANT UNDER THE BELIEF THAT APPROPRIATE AUTHORIZATION HAD  BEEN  OBTAINED
 FOR  THE  EXPERIENCE,  PROVIDED  THAT  SUCH  EXPERIENCE  MEETS ALL OTHER
 REQUIREMENTS FOR ACCEPTABLE EXPERIENCE; OR
   (II) ALTERNATIVE PATHWAY. THE  COMMISSIONER  SHALL  ISSUE  APPROPRIATE
 CERTIFICATES  TO  PSYCHOANALYSTS LICENSED PRIOR TO THE EFFECTIVE DATE OF
 THIS SUBDIVISION WHO HAVE COMPLETED TWELVE CREDIT HOURS, OR THE SUBSTAN-
 TIAL EQUIVALENT, OF CLINICAL COURSES OF WHICH A MINIMUM OF THREE  CREDIT
 HOURS, OR THE SUBSTANTIAL EQUIVALENT, SHALL INCLUDE CONTENT IN DIAGNOSIS
 IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   §  6.  Paragraph (g) of subdivision 3 of section 8405 of the education
 law, as amended by chapter 210 of the laws of 2004, is amended  to  read
 as follows:
   (g) Fees: Pay a fee of one hundred seventy-five dollars for an initial
 license  [and],  a fee of one hundred seventy dollars for each triennial
 registration period,  AND  FOR  THE  ADDITIONAL  AUTHORIZATION  FOR  THE
 PURPOSE OF DIAGNOSING, A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS.
 A. 6008--C                          7
 
   § 7. Subdivision 2 of section 8409 of the education law, as amended by
 chapter 485 of the laws of 2013, is amended to read as follows:
   2.  Limited  permits  shall  be  for  [two]  THREE years; such limited
 permits may be renewed, at the discretion of the department, for  up  to
 two additional one year periods.
   §  8.  Subparagraph  (i)  of paragraph (c) of subdivision 8 of section
 8410 of the education law, as amended by section 5 of part Y of  chapter
 57 of the laws of 2018, is amended to read as follows:
   (i)  Prevent a person without a license from participating as a member
 of a multi-disciplinary team to assist in the development of  or  imple-
 mentation  of  a  behavioral health services or treatment plan; provided
 that such team shall include one or more  professionals  licensed  under
 this  article  or  articles  one hundred thirty-one, one hundred thirty-
 nine, one hundred fifty-three or one hundred fifty-four of this chapter;
 and provided, further, that the activities performed by members  of  the
 team shall be consistent with the scope of practice for each team member
 licensed  or  authorized  under  THIS  title [VIII of this chapter], and
 those who are  not  so  authorized  may  not  engage  in  the  following
 restricted  practices:  the  diagnosis of mental, emotional, behavioral,
 addictive and developmental disorders and disabilities; patient  assess-
 ment  and  evaluating; the provision of psychotherapeutic treatment; the
 provision of treatment other than psychotherapeutic treatment; or  inde-
 pendently  developing  and implementing assessment-based treatment plans
 [as defined in section seventy-seven hundred one of this chapter].
   § 9. Subparagraph (i) of paragraph (c) of  subdivision  7  of  section
 7706  of the education law, as amended by section 4 of part Y of chapter
 57 of the laws of 2018, is amended to read as follows:
   (i) Prevent a person without a license from participating as a  member
 of  a  multi-disciplinary team to assist in the development of or imple-
 mentation of a behavioral health services or  treatment  plan;  provided
 that  such  team  shall include one or more professionals licensed under
 this article or articles one hundred  thirty-one,  one  hundred  thirty-
 nine,  one  hundred fifty-three or one hundred sixty-three of this chap-
 ter; and provided, further, that the activities performed by members  of
 the  team  shall  be consistent with the scope of practice for each team
 member licensed or authorized under THIS title [VIII of  this  chapter],
 and  those  who  are  not  so authorized may not engage in the following
 restricted practices: the diagnosis of  mental,  emotional,  behavioral,
 addictive  and developmental disorders and disabilities; patient assess-
 ment and evaluating; the provision of psychotherapeutic  treatment;  the
 provision  of treatment other than psychotherapeutic treatment; or inde-
 pendently developing and implementing assessment-based  treatment  plans
 [as defined in section seventy-seven hundred one of this article].
   §  10.  Subparagraph (i) of paragraph (c) of subdivision 10 of section
 7605 of the education law, as amended by section 2 of part Y of  chapter
 57 of the laws of 2018, is amended to read as follows:
   (i)  A  person  without  a license from participating as a member of a
 multi-disciplinary team to assist in the development of  or  implementa-
 tion  of  a  behavioral health services or treatment plan; provided that
 such team shall include one or more professionals  licensed  under  this
 article or articles one hundred thirty-one, one hundred thirty-nine, one
 hundred  fifty-four  or  one  hundred  sixty-three  of this chapter; and
 provided, further, that the activities performed by members of the  team
 shall  be  consistent  with  the  scope of practice for each team member
 licensed or authorized under THIS title  [VIII  of  this  chapter],  and
 those  who  are  not  so  authorized  may  not  engage  in the following
 A. 6008--C                          8
 
 restricted practices: the diagnosis of  mental,  emotional,  behavioral,
 addictive  and developmental disorders and disabilities; patient assess-
 ment and evaluating; the provision of psychotherapeutic  treatment;  the
 provision  of treatment other than psychotherapeutic treatment; or inde-
 pendently developing and implementing assessment-based  treatment  plans
 [as defined in section seventy-seven hundred one of this title].
   §  11.  Subdivision 9 of section 8410 of the education law, as amended
 by chapter 159 of the laws of 2021, is amended to read as follows:
   9. Notwithstanding any other provision of law to the contrary, nothing
 in this article shall be construed to prohibit or limit  the  activities
 or services provided under this article by any person who is employed or
 who  commences  employment  in a program or service operated, regulated,
 funded, or approved by the department of mental hygiene, the  office  of
 children and family services, the department of corrections and communi-
 ty  supervision,  the office of temporary and disability assistance, the
 state office for the aging and the  department  of  health  or  a  local
 governmental unit as that term is defined in section 41.03 of the mental
 hygiene  law  or a social services district as defined in section sixty-
 one of the social services law on or before two years from the date that
 the regulations issued in accordance with section six of part Y of chap-
 ter fifty-seven of the laws of two thousand eighteen appear in the state
 register or are adopted, whichever is later. Such prohibitions or  limi-
 tations  shall  not  apply  to such employees for as long as they remain
 employed by such programs or services and whether they  remain  employed
 by  the  same  or  other  employers providing such programs or services.
 Provided however, that any  person  who  commences  employment  in  such
 program  or  service  after  such  date  and  performs services that are
 restricted under this article shall be appropriately licensed or author-
 ized under this article. Each state oversight agency  shall  create  and
 maintain  a  process  to verify employment history of individuals exempt
 under this subdivision.   PROVIDED, HOWEVER,  THAT  NOTWITHSTANDING  ANY
 OTHER  PROVISION  OF LAW TO THE CONTRARY, LICENSED MENTAL HEALTH COUNSE-
 LOR, LICENSED MARRIAGE AND FAMILY THERAPIST, AND LICENSED  PSYCHOANALYST
 EMPLOYED  IN  A  PROGRAM  OR  SERVICE  OPERATED,  REGULATED,  FUNDED, OR
 APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE OFFICE OF CHILDREN AND
 FAMILY SERVICES, THE DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPER-
 VISION,  THE  OFFICE  OF  TEMPORARY AND DISABILITY ASSISTANCE, THE STATE
 OFFICE FOR THE AGING AND THE DEPARTMENT OF HEALTH  OR  A  LOCAL  GOVERN-
 MENTAL  UNIT  AS DEFINED BY SECTION 41.03 OF THE MENTAL HYGIENE LAW OR A
 SOCIAL SERVICES DISTRICT AS DEFINED BY SECTION SIXTY-ONE OF  THE  SOCIAL
 SERVICES  LAW  PRIOR  TO JUNE TWENTY-FOURTH, TWO THOUSAND TWENTY-TWO MAY
 DIAGNOSE AND DEVELOP ASSESSMENT-BASED TREATMENT PLANS AS  LONG  AS  THEY
 REMAIN EMPLOYED BY SUCH PROGRAMS, PROVIDED HOWEVER, SUCH LICENSED MENTAL
 HEALTH  COUNSELOR,  LICENSED  MARRIAGE AND FAMILY THERAPIST AND LICENSED
 PSYCHOANALYST IS REQUIRED TO HOLD  A  CERTIFICATE  TO  DIAGNOSE  BY  THE
 COMMISSIONER  TWO  YEARS  AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE
 LAWS OF TWO THOUSAND TWENTY-TWO THAT AMENDED THIS SUBDIVISION.
   § 12. Subdivision 8 of section 7706 of the education law,  as  amended
 by chapter 159 of the laws of 2021, is amended to read as follows:
   8. Notwithstanding any other provision of law to the contrary, nothing
 in  this  article shall be construed to prohibit or limit the activities
 or services provided under this article by any person who is employed or
 who commences employment in a program or  service  operated,  regulated,
 funded,  or  approved by the department of mental hygiene, the office of
 children and family services, the department of corrections and communi-
 ty supervision, the office of temporary and disability  assistance,  the
 A. 6008--C                          9
 
 state  office  for  the  aging  and  the department of health or a local
 governmental unit as that term is defined in section 41.03 of the mental
 hygiene law or a social services district as defined in  section  sixty-
 one of the social services law on or before two years from the date that
 the regulations issued in accordance with section six of part Y of chap-
 ter fifty-seven of the laws of two thousand eighteen appear in the state
 register  or are adopted, whichever is later. Such prohibitions or limi-
 tations shall not apply to such employees for as  long  as  they  remain
 employed  by  such programs or services and whether they remain employed
 by the same or other employers  providing  such  programs  or  services.
 Provided  however,  that  any  person  who  commences employment in such
 program or service after  such  date  and  performs  services  that  are
 restricted under this article shall be appropriately licensed or author-
 ized  under  this  article. Each state oversight agency shall create and
 maintain a process to verify employment history  of  individuals  exempt
 under  this  subdivision.  PROVIDED,  HOWEVER,  THAT NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW TO THE CONTRARY, LICENSED MENTAL  HEALTH  COUNSE-
 LOR,  LICENSED MARRIAGE AND FAMILY THERAPIST, AND LICENSED PSYCHOANALYST
 EMPLOYED IN  A  PROGRAM  OR  SERVICE  OPERATED,  REGULATED,  FUNDED,  OR
 APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE OFFICE OF CHILDREN AND
 FAMILY  SERVICES,  THE  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPER-
 VISION, THE OFFICE OF TEMPORARY AND  DISABILITY  ASSISTANCE,  THE  STATE
 OFFICE  FOR  THE  AGING  AND THE DEPARTMENT OF HEALTH OR A LOCAL GOVERN-
 MENTAL UNIT AS DEFINED IN SECTION 41.03 OF THE MENTAL HYGIENE LAW  OR  A
 SOCIAL  SERVICES  DISTRICT AS DEFINED IN SECTION SIXTY-ONE OF THE SOCIAL
 SERVICES LAW PRIOR TO JUNE TWENTY-FOURTH, TWO  THOUSAND  TWENTY-TWO  MAY
 DIAGNOSE  AND  DEVELOP  ASSESSMENT-BASED TREATMENT PLANS AS LONG AS THEY
 REMAIN EMPLOYED BY SUCH PROGRAMS, PROVIDED HOWEVER, SUCH LICENSED MENTAL
 HEALTH COUNSELOR, LICENSED MARRIAGE AND FAMILY  THERAPIST  AND  LICENSED
 PSYCHOANALYST  IS  REQUIRED  TO  HOLD  A  CERTIFICATE TO DIAGNOSE BY THE
 COMMISSIONER TWO YEARS AFTER THE EFFECTIVE DATE OF THE  CHAPTER  OF  THE
 LAWS OF TWO THOUSAND TWENTY-TWO THAT AMENDED THIS SUBDIVISION.
   §  13. Subdivision 12 of section 7605 of the education law, as amended
 by chapter 159 of the laws of 2021, is amended to read as follows:
   12. Notwithstanding any other provision of law to the contrary,  noth-
 ing  in  this article shall be construed to prohibit or limit the activ-
 ities or services provided under this  article  by  any  person  who  is
 employed  or  who commences employment in a program or service operated,
 regulated, funded, or approved by the department of mental hygiene,  the
 office  of children and family services, or a local governmental unit as
 that term is defined in section 41.03 of the mental  hygiene  law  or  a
 social  services  district as defined in section sixty-one of the social
 services law on or before two years from the date that  the  regulations
 issued  in  accordance with section six of part Y of chapter fifty-seven
 of the laws of two thousand eighteen appear in the state register or are
 adopted, whichever is later. Such prohibitions or limitations shall  not
 apply  to  such  employees  for  as long as they remain employed by such
 programs or services and whether they remain employed  by  the  same  or
 other  employers providing such programs or services. Provided, however,
 that any person who commences employment  in  such  program  or  service
 after  such  date  and  performs services that are restricted under this
 article shall be appropriately licensed or authorized under  this  arti-
 cle.  Each state oversight agency shall create and maintain a process to
 verify employment history of individuals exempt under this  subdivision.
 PROVIDED,  HOWEVER,  THAT  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO
 THE CONTRARY, LICENSED MENTAL HEALTH COUNSELOR,  LICENSED  MARRIAGE  AND
 A. 6008--C                         10
 
 FAMILY  THERAPIST,  AND  LICENSED PSYCHOANALYST EMPLOYED IN A PROGRAM OR
 SERVICE OPERATED, REGULATED, FUNDED, OR APPROVED BY  THE  DEPARTMENT  OF
 MENTAL  HYGIENE, THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE DEPART-
 MENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION, THE OFFICE OF TEMPORARY
 AND DISABILITY ASSISTANCE, THE  STATE  OFFICE  FOR  THE  AGING  AND  THE
 DEPARTMENT  OF HEALTH OR A LOCAL GOVERNMENTAL UNIT AS DEFINED IN SECTION
 41.03 OF THE MENTAL HYGIENE LAW OR A SOCIAL SERVICES DISTRICT AS DEFINED
 IN SECTION SIXTY-ONE OF THE SOCIAL SERVICES LAW PRIOR  TO  JUNE  TWENTY-
 FOURTH,  TWO  THOUSAND  TWENTY-TWO  MAY DIAGNOSE AND DEVELOP ASSESSMENT-
 BASED TREATMENT PLANS AS LONG AS THEY REMAIN EMPLOYED BY  SUCH  PROGRAMS
 OR  SERVICES  AND  WHETHER  THEY  REMAIN  EMPLOYED  BY THE SAME OR OTHER
 EMPLOYERS PROVIDING SUCH PROGRAMS OR SERVICES,  PROVIDED  HOWEVER,  SUCH
 LICENSED MENTAL HEALTH COUNSELOR, LICENSED MARRIAGE AND FAMILY THERAPIST
 AND LICENSED PSYCHOANALYST IS REQUIRED TO HOLD A CERTIFICATE TO DIAGNOSE
 BY THE COMMISSIONER TWO YEARS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF
 THE LAWS OF TWO THOUSAND TWENTY-TWO THAT AMENDED THIS SUBDIVISION.
   §  14.  This act shall take effect on first day of the eighteenth full
 month after it shall have become a law; provided, however that  sections
 fourteen, fifteen, and sixteen of this act shall take effect on June 24,
 2022.  Effective  immediately,  the addition, amendment and/or repeal of
 any rule or regulation necessary for the implementation of this  act  on
 or  before its effective date are authorized to be made and completed on
 or before such effective date.

                             
                     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
              

 A. 6008--D                          2
 
   (b) the use of assessment instruments [and],  ASSESSMENT-BASED  TREAT-
 MENT  PLANS,  mental  health  counseling  and psychotherapy to identify,
 evaluate and treat dysfunctions and disorders for purposes of  providing
 appropriate mental health counseling services.
   1-A.  MENTAL  HEALTH  DIAGNOSES.  (A)  "DIAGNOSIS"  IN  THE CONTEXT OF
 LICENSED MENTAL HEALTH COUNSELING PRACTICE SHALL  MEAN  THE  PROCESS  OF
 DISTINGUISHING,  BEYOND  A  GENERAL  ASSESSMENT, 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.
   (B)  "DEVELOPMENT  OF ASSESSMENT-BASED TREATMENT PLANS" IN THE CONTEXT
 OF LICENSED MENTAL HEALTH COUNSELING PRACTICE SHALL MEAN THE DEVELOPMENT
 OF AN INTEGRATED PLAN OF PRIORITIZED INTERVENTIONS, THAT IS BASED ON THE
 DIAGNOSIS AND PSYCHOSOCIAL ASSESSMENT OF A CLIENT,  TO  ADDRESS  MENTAL,
 EMOTIONAL,  BEHAVIORAL,  DEVELOPMENTAL  AND ADDICTIVE DISORDERS, IMPAIR-
 MENTS AND DISABILITIES, REACTIONS TO ILLNESSES,  INJURIES,  DISABILITIES
 AND IMPAIRMENTS, AND SOCIAL PROBLEMS.
   (C)  NOTHING IN THIS SUBDIVISION OR IN SUBDIVISION ONE OR FOUR OF THIS
 SECTION SHALL BE CONSTRUED TO LIMIT THE SCOPE  OF  MENTAL  HEALTH  COUN-
 SELING PRACTICE AS AUTHORIZED PRIOR TO THE EFFECTIVE DATE OF THIS SUBDI-
 VISION. THE AUTHORITY TO DIAGNOSE SHALL BE AUTHORIZED ONLY IN ACCORDANCE
 WITH  THE  PROVISIONS OF THIS ARTICLE AND REGULATIONS PROMULGATED BY THE
 COMMISSIONER.
   4. CERTIFICATE TO DIAGNOSE. THE COMMISSIONER SHALL  ISSUE  APPROPRIATE
 CERTIFICATES  TO  DIAGNOSE  IN  ACCORDANCE  WITH  THE PROVISIONS OF THIS
 SUBDIVISION TO THOSE MENTAL HEALTH COUNSELORS  WHO  HAVE  SATISFACTORILY
 COMPLETED THE FOLLOWING:
   (A)  STANDARD PATHWAY. A MENTAL HEALTH COUNSELOR WHO HAS COMPLETED THE
 STANDARD PATHWAY SHALL HAVE:
   (I) RECEIVED A MASTER'S OR HIGHER DEGREE IN MENTAL  HEALTH  COUNSELING
 FROM A PROGRAM REGISTERED BY THE DEPARTMENT OR DETERMINED BY THE DEPART-
 MENT  TO  BE THE SUBSTANTIAL EQUIVALENT THEREOF, WHICH SHALL INCLUDE THE
 COMPLETION OF AT LEAST TWELVE  CREDIT  HOURS  OF  CLINICAL  COURSES,  IN
 ACCORDANCE  WITH  THE  COMMISSIONER'S  REGULATIONS.  A  PERSON  WHO  HAS
 RECEIVED A MASTER'S, OR EQUIVALENT DEGREE IN  COUNSELING,  DURING  WHICH
 THEY  DID  NOT COMPLETE ALL TWELVE CREDIT HOURS OF CLINICAL COURSES, MAY
 SATISFY SUCH REQUIREMENT BY COMPLETING ANY  REMAINING  EQUIVALENT  POST-
 GRADUATE  CLINICAL  COURSES, IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
 LATIONS. THE GRADUATE COURSEWORK SHALL INCLUDE, BUT NOT BE  LIMITED  TO,
 THE FOLLOWING AREAS:
   (A) HUMAN GROWTH AND DEVELOPMENT;
   (B) SOCIAL AND CULTURAL FOUNDATIONS OF COUNSELING;
   (C) COUNSELING THEORY, DIAGNOSIS, PRACTICE AND PSYCHOPATHOLOGY;
   (D) GROUP DYNAMICS;
   (E) LIFESTYLE AND CAREER DEVELOPMENT;
   (F)  ASSESSMENT AND APPRAISAL OF INDIVIDUALS, COUPLES AND FAMILIES AND
 GROUPS;
   (G) RESEARCH AND PROGRAM EVALUATION;
   (H) PROFESSIONAL ORIENTATION AND ETHICS;
   (I) FOUNDATION OF MENTAL HEALTH COUNSELING AND CONSULTATION;
   (J) CLINICAL INSTRUCTION; AND
   (K) COMPLETION OF A MINIMUM ONE YEAR SUPERVISED INTERNSHIP OR  PRACTI-
 CUM IN MENTAL HEALTH COUNSELING; AND
   (II)  COMPLETED  A  MINIMUM  OF  THREE THOUSAND HOURS OF POST-MASTER'S
 SUPERVISED EXPERIENCE RELEVANT TO THE PRACTICE OF  MENTAL  HEALTH  COUN-
 A. 6008--D                          3
 
 SELING, OF WHICH TWO THOUSAND HOURS SHALL BE DIRECT CLIENT CONTACT HOURS
 THAT  INCLUDE  DIAGNOSIS,  PSYCHOTHERAPY, AND ASSESSMENT-BASED TREATMENT
 PLANS, SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE  COMMISSION-
 ER'S  REGULATIONS. SATISFACTORY EXPERIENCE OBTAINED IN AN ENTITY OPERAT-
 ING UNDER A WAIVER ISSUED BY THE DEPARTMENT PURSUANT TO  SECTION  SIXTY-
 FIVE  HUNDRED  THREE-A  OF THIS TITLE MAY BE ACCEPTED BY THE DEPARTMENT,
 NOTWITHSTANDING THAT SUCH EXPERIENCE MAY HAVE BEEN OBTAINED PRIOR TO THE
 EFFECTIVE DATE OF SUCH SECTION SIXTY-FIVE HUNDRED THREE-A  AND/OR  PRIOR
 TO  THE  ENTITY  HAVING  OBTAINED A WAIVER. THE DEPARTMENT MAY, FOR GOOD
 CAUSE SHOWN, ACCEPT SATISFACTORY  EXPERIENCE  THAT  WAS  OBTAINED  IN  A
 SETTING  THAT  WOULD  HAVE  BEEN ELIGIBLE FOR A WAIVER BUT WHICH HAS NOT
 OBTAINED A WAIVER FROM THE DEPARTMENT OR EXPERIENCE THAT WAS OBTAINED IN
 GOOD FAITH BY THE APPLICANT UNDER THE BELIEF THAT  APPROPRIATE  AUTHORI-
 ZATION  HAD BEEN OBTAINED FOR THE EXPERIENCE, PROVIDED THAT SUCH EXPERI-
 ENCE MEETS ALL OTHER REQUIREMENTS FOR ACCEPTABLE EXPERIENCE; OR
   (B) ALTERNATIVE PATHWAY.  THE  COMMISSIONER  SHALL  ISSUE  APPROPRIATE
 CERTIFICATES TO MENTAL HEALTH COUNSELORS LICENSED PRIOR TO THE EFFECTIVE
 DATE OF THIS SUBDIVISION WHO HAVE COMPLETED TWELVE CREDIT HOURS OF CLIN-
 ICAL  COURSES  OF  WHICH  A  MINIMUM OF THREE CREDIT HOURS SHALL INCLUDE
 CONTENT IN DIAGNOSIS IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   § 2. Paragraph (g) of subdivision 3 of section 8402 of  the  education
 law,  as  amended by chapter 210 of the laws of 2004, is amended to read
 as follows:
   (g) Fees: Pay a fee of one hundred seventy-five dollars for an initial
 license [and], a fee of one hundred seventy dollars for  each  triennial
 registration  period,  AND  FOR  THE  ADDITIONAL  AUTHORIZATION  FOR THE
 PURPOSE OF DIAGNOSING, A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS.
   § 3. Subdivision 1 of section 8403 of the education law, as  added  by
 chapter 676 of the laws of 2002, is amended and two new subdivisions 1-a
 and 4 are added 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:
   (a) the DIAGNOSIS, assessment 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, AND ASSESSMENT-BASED TREATMENT PLANS to identify  and
 evaluate  AND TREAT dysfunctions and disorders for purposes of providing
 appropriate marriage and family therapy services.
   1-A. DIAGNOSES. (A) "DIAGNOSIS" IN THE CONTEXT  OF  LICENSED  MARRIAGE
 AND  FAMILY  THERAPY  PRACTICE SHALL MEAN 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.
 A. 6008--D                          4
 
   (B)  "DEVELOPMENT  OF ASSESSMENT-BASED TREATMENT PLANS" IN THE CONTEXT
 OF LICENSED MARRIAGE AND FAMILY THERAPY PRACTICE SHALL MEAN THE DEVELOP-
 MENT OF AN INTEGRATED PLAN OF PRIORITIZED INTERVENTIONS, THAT  IS  BASED
 ON  THE  DIAGNOSIS  AND  PSYCHOSOCIAL ASSESSMENT OF A CLIENT, TO ADDRESS
 MENTAL,  EMOTIONAL,  BEHAVIORAL,  DEVELOPMENTAL AND ADDICTIVE DISORDERS,
 IMPAIRMENTS AND DISABILITIES, REACTIONS TO ILLNESSES, INJURIES, DISABIL-
 ITIES AND IMPAIRMENTS, AND SOCIAL PROBLEMS.
   (C) NOTHING IN THIS SUBDIVISION OR IN SUBDIVISION ONE OR FOUR OF  THIS
 SECTION  SHALL  BE  CONSTRUED  TO LIMIT THE SCOPE OF MARRIAGE AND FAMILY
 THERAPY PRACTICE AS AUTHORIZED PRIOR  TO  THE  EFFECTIVE  DATE  OF  THIS
 SUBDIVISION.  THE  AUTHORITY  TO  DIAGNOSE  SHALL  BE AUTHORIZED ONLY IN
 ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE AND  REGULATIONS  PROMUL-
 GATED BY THE COMMISSIONER.
   4.  CERTIFICATE  TO DIAGNOSE. THE COMMISSIONER SHALL ISSUE APPROPRIATE
 CERTIFICATES TO DIAGNOSE IN  ACCORDANCE  WITH  THE  PROVISIONS  OF  THIS
 SUBDIVISION  TO  THOSE MARRIAGE AND FAMILY COUNSELORS WHO HAVE SATISFAC-
 TORILY COMPLETED THE FOLLOWING:
   (A)  STANDARD  PATHWAY.  A  MARRIAGE  AND  FAMILY  COUNSELOR  WHO  HAS
 COMPLETED THE STANDARD PATHWAY SHALL HAVE:
   (I)  RECEIVED  A  MASTER'S  OR DOCTORAL DEGREE WITH A MINIMUM OF SIXTY
 CREDIT HOURS IN MARRIAGE AND FAMILY THERAPY FROM A PROGRAM REGISTERED BY
 THE DEPARTMENT, OR DETERMINED BY THE DEPARTMENT TO  BE  THE  SUBSTANTIAL
 EQUIVALENT, WHICH SHALL INCLUDE THE COMPLETION OF AT LEAST TWELVE CREDIT
 HOURS  OF  CLINICAL  COURSEWORK,  IN  ACCORDANCE WITH THE COMMISSIONER'S
 REGULATIONS OR A GRADUATE DEGREE IN  AN  ALLIED  FIELD  FROM  A  PROGRAM
 REGISTERED BY THE DEPARTMENT AND GRADUATE LEVEL COURSEWORK DETERMINED TO
 BE  EQUIVALENT  TO  THAT REQUIRED IN A PROGRAM REGISTERED BY THE DEPART-
 MENT. A PERSON WHO HAS RECEIVED  A  MASTER'S  OR  EQUIVALENT  DEGREE  IN
 MARRIAGE  AND  FAMILY  THERAPY  DURING  WHICH  THEY DID NOT COMPLETE ALL
 TWELVE CREDIT HOURS OF CLINICAL COURSES, MAY SATISFY SUCH REQUIREMENT BY
 COMPLETING ANY REMAINING EQUIVALENT POST-GRADUATE CLINICAL  COURSES,  IN
 ACCORDANCE  WITH  THE  COMMISSIONER'S REGULATIONS. SUCH COURSEWORK SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (A) THE STUDY OF HUMAN DEVELOPMENT, INCLUDING  INDIVIDUAL,  CHILD  AND
 FAMILY DEVELOPMENT;
   (B) DIAGNOSIS AND PSYCHOPATHOLOGY;
   (C) MARITAL AND FAMILY THERAPY;
   (D) FAMILY LAW;
   (E) RESEARCH;
   (F) PROFESSIONAL ETHICS; AND
   (G) A PRACTICUM OF AT LEAST THREE HUNDRED CLIENT CONTACT HOURS; AND
   (II) COMPLETED A MINIMUM OF TWO THOUSAND HOURS OF POST-MASTER'S SUPER-
 VISED EXPERIENCE RELEVANT TO THE PRACTICE OF MARRIAGE AND FAMILY THERAPY
 COMPRISED  OF DIRECT CLIENT CONTACT HOURS INCLUDING DIAGNOSIS, PSYCHOTH-
 ERAPY AND  ASSESSMENT-BASED  TREATMENT  PLANS.  SATISFACTORY  EXPERIENCE
 OBTAINED  IN AN ENTITY OPERATING UNDER A WAIVER ISSUED BY THE DEPARTMENT
 PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A  OF  THIS  TITLE  MAY  BE
 ACCEPTED  BY  THE  DEPARTMENT,  NOTWITHSTANDING THAT SUCH EXPERIENCE MAY
 HAVE BEEN OBTAINED PRIOR TO THE EFFECTIVE DATE OF  SUCH  SECTION  SIXTY-
 FIVE  HUNDRED THREE-A AND/OR PRIOR TO THE ENTITY HAVING OBTAINED A WAIV-
 ER. THE DEPARTMENT MAY, FOR GOOD CAUSE SHOWN, ACCEPT SATISFACTORY  EXPE-
 RIENCE  THAT WAS OBTAINED IN A SETTING THAT WOULD HAVE BEEN ELIGIBLE FOR
 A WAIVER BUT WHICH HAS NOT OBTAINED A  WAIVER  FROM  THE  DEPARTMENT  OR
 EXPERIENCE  THAT  WAS  OBTAINED IN GOOD FAITH BY THE APPLICANT UNDER THE
 BELIEF THAT APPROPRIATE AUTHORIZATION HAD BEEN OBTAINED FOR THE  EXPERI-
 A. 6008--D                          5
 
 ENCE,  PROVIDED  THAT  SUCH  EXPERIENCE MEETS ALL OTHER REQUIREMENTS FOR
 ACCEPTABLE EXPERIENCE;
   (B)  ALTERNATIVE  PATHWAY.  THE  COMMISSIONER  SHALL ISSUE APPROPRIATE
 CERTIFICATES TO MARRIAGE AND FAMILY THERAPISTS  LICENSED  PRIOR  TO  THE
 EFFECTIVE  DATE  OF  THIS  SUBDIVISION  WHO HAVE COMPLETED TWELVE CREDIT
 HOURS OF CLINICAL COURSES OF WHICH A MINIMUM OF THREE CREDIT HOURS SHALL
 INCLUDE CONTENT IN DIAGNOSIS IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
 LATIONS.
   § 4. Paragraph (g) of subdivision 3 of section 8403 of  the  education
 law,  as  amended by chapter 210 of the laws of 2004, is amended to read
 as follows:
   (g) Fees: Pay a fee of one hundred seventy-five dollars for an initial
 license [and], a fee of one hundred seventy dollars for  each  triennial
 registration  period,  AND  FOR  THE  ADDITIONAL  AUTHORIZATION  FOR THE
 PURPOSE OF DIAGNOSING, A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS.
   § 5. Subdivision 1 of section 8405 of the education law, as  added  by
 chapter 676 of the laws of 2002, is amended and two new subdivisions 1-a
 and 4 are added 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, DIAGNOSIS and  interpre-
 tation  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 interpersonal relationships
 and emotional development, to  facilitate  changes  in  personality  and
 behavior through the use of verbal and nonverbal cognitive and emotional
 communication, and to develop adaptive functioning; and
   (b)  the use of assessment instruments [and], mental health counseling
 and psychotherapy, AND ASSESSMENT-BASED  TREATMENT  PLANS  to  identify,
 evaluate  and treat dysfunctions and disorders for purposes of providing
 appropriate psychoanalytic services.
   1-A. DIAGNOSES. (A) "DIAGNOSIS" IN THE CONTEXT OF LICENSED PSYCHOANAL-
 YSIS PRACTICE SHALL MEAN THE PROCESS OF DISTINGUISHING, BEYOND A GENERAL
 PSYCHOANALYSIS 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.
   (B)  "DEVELOPMENT  OF ASSESSMENT-BASED TREATMENT PLANS" IN THE CONTEXT
 OF LICENSED PSYCHOANALYSIS PRACTICE SHALL MEAN  THE  DEVELOPMENT  OF  AN
 INTEGRATED PLAN OF PRIORITIZED INTERVENTIONS, THAT IS BASED ON THE DIAG-
 NOSIS  AND  PSYCHOSOCIAL  ASSESSMENT  OF  A  CLIENT,  TO ADDRESS MENTAL,
 EMOTIONAL, BEHAVIORAL, DEVELOPMENTAL AND  ADDICTIVE  DISORDERS,  IMPAIR-
 MENTS  AND  DISABILITIES, REACTIONS TO ILLNESSES, INJURIES, DISABILITIES
 AND IMPAIRMENTS, AND SOCIAL PROBLEMS.
   (C) NOTHING IN THIS SUBDIVISION OR IN SUBDIVISION ONE OR FOUR OF  THIS
 SECTION SHALL BE CONSTRUED TO LIMIT THE SCOPE OF LICENSED PSYCHOANALYSIS
 PRACTICE  AS AUTHORIZED PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION.
 THE AUTHORITY TO DIAGNOSE SHALL BE AUTHORIZED ONLY  IN  ACCORDANCE  WITH
 THE  PROVISIONS  OF  THIS  ARTICLE  AND  REGULATIONS  PROMULGATED BY THE
 COMMISSIONER.
   4. CERTIFICATE TO DIAGNOSE. THE COMMISSIONER SHALL  ISSUE  APPROPRIATE
 CERTIFICATES TO DIAGNOSE IN ACCORDANCE WITH THE PROVISION OF THIS SUBDI-
 VISION  TO  THOSE  PSYCHOANALYSTS  WHO HAVE SATISFACTORILY COMPLETED THE
 FOLLOWING:
   (A) STANDARD PATHWAY. A PSYCHOANALYST WHO HAS COMPLETED  THE  STANDARD
 PATHWAY SHALL HAVE:
 A. 6008--D                          6
 
   (I)  RECEIVED  A  MASTER'S  DEGREE  OR  HIGHER  FROM A DEGREE-GRANTING
 PROGRAM REGISTERED BY THE DEPARTMENT OR THE SUBSTANTIAL  EQUIVALENT  AND
 HAVE  COMPLETED  A  PROGRAM  OF  STUDY REGISTERED BY THE DEPARTMENT IN A
 PSYCHOANALYTIC INSTITUTE CHARTERED  BY  THE  BOARD  OF  REGENTS  OR  THE
 SUBSTANTIAL  EQUIVALENT AS DETERMINED BY THE DEPARTMENT.  THE PROGRAM OF
 STUDY IN A PSYCHOANALYTIC INSTITUTE SHALL  INCLUDE  COURSEWORK  SUBSTAN-
 TIALLY  EQUIVALENT  TO  COURSEWORK  REQUIRED  FOR A MASTER'S DEGREE IN A
 HEALTH OR MENTAL HEALTH FIELD OF STUDY  WHICH  SHALL  ALSO  INCLUDE  THE
 COMPLETION  OF  AT  LEAST TWELVE CREDIT HOURS, OR THE SUBSTANTIAL EQUIV-
 ALENT, OF CLINICAL COURSES, AS DETERMINED BY THE DEPARTMENT. AN INDIVID-
 UAL WHO HAS COMPLETED A LICENSED  PSYCHOANALYST  PROGRAM  THAT  DID  NOT
 INCLUDE  TWELVE CREDIT HOURS, OR THE SUBSTANTIAL EQUIVALENT, OF CLINICAL
 COURSES MAY SATISFY SUCH REQUIREMENT BY COMPLETING ANY REMAINING  EQUIV-
 ALENT POST-GRADUATE CLINICAL COURSES, IN ACCORDANCE WITH THE COMMISSION-
 ER'S  REGULATIONS.  THE COURSEWORK SHALL INCLUDE, BUT NOT BE LIMITED TO,
 THE FOLLOWING AREAS:
   (A) PERSONALITY DEVELOPMENT;
   (B)_PSYCHOANALYTIC THEORY OF PSYCHOPATHOLOGY;
   (C) DIAGNOSIS, AND PSYCHOANALYTIC THEORY OF PSYCHODIAGNOSIS;
   (D) SOCIOCULTURAL INFLUENCE ON GROWTH AND PSYCHOPATHOLOGY;
   (E) PRACTICE TECHNIQUE (INCLUDING DREAMS AND SYMBOLIC PROCESSES);
   (F) ANALYSIS OF RESISTANCE, TRANSFERENCE, AND COUNTERTRANSFERENCE;
   (G) CASE SEMINARS ON CLINICAL PRACTICE;
   (H) PRACTICE IN PSYCHOPATHOLOGY AND PSYCHODIAGNOSIS;
   (I) PROFESSIONAL ETHICS AND PSYCHOANALYTIC RESEARCH METHODOLOGY; AND
   (J) A MINIMUM OF THREE HUNDRED HOURS  OF  PERSONAL  ANALYSIS  AND  ONE
 HUNDRED FIFTY HOURS OF SUPERVISED ANALYSIS; AND
   (II)  COMPLETED A MINIMUM OF TWO THOUSAND HOURS OF SUPERVISED CLINICAL
 PRACTICE RELEVANT TO THE PRACTICE OF PSYCHOANALYSIS COMPRISED OF  DIRECT
 CLIENT  CONTACT  HOURS  INCLUDING  DIAGNOSIS, PSYCHOTHERAPY, AND ASSESS-
 MENT-BASED TREATMENT PLANS SATISFACTORY TO THE DEPARTMENT AND IN ACCORD-
 ANCE WITH THE COMMISSIONER'S REGULATIONS. THIS SUPERVISED CLINICAL PRAC-
 TICE MAY NOT BEGIN PRIOR TO THE SUCCESSFUL COMPLETION OF  TWO  YEARS  OF
 COURSEWORK  THAT INCLUDES TWELVE CREDIT HOURS, OR THE SUBSTANTIAL EQUIV-
 ALENT, OF CLINICAL COURSEWORK, AS DETERMINED BY THE  DEPARTMENT.  SATIS-
 FACTORY EXPERIENCE OBTAINED IN AN ENTITY OPERATING UNDER A WAIVER ISSUED
 BY THE DEPARTMENT PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS
 TITLE MAY BE ACCEPTED BY THE DEPARTMENT, NOTWITHSTANDING THAT SUCH EXPE-
 RIENCE  MAY  HAVE  BEEN  OBTAINED  PRIOR  TO  THE EFFECTIVE DATE OF SUCH
 SECTION SIXTY-FIVE HUNDRED THREE-A AND/OR PRIOR  TO  THE  ENTITY  HAVING
 OBTAINED  A  WAIVER.    THE DEPARTMENT MAY, FOR GOOD CAUSE SHOWN, ACCEPT
 SATISFACTORY EXPERIENCE THAT WAS OBTAINED IN A SETTING THAT  WOULD  HAVE
 BEEN  ELIGIBLE FOR A WAIVER BUT WHICH HAS NOT OBTAINED A WAIVER FROM THE
 DEPARTMENT OR EXPERIENCE THAT WAS OBTAINED IN GOOD FAITH BY  THE  APPLI-
 CANT  UNDER  THE BELIEF THAT APPROPRIATE AUTHORIZATION HAD BEEN OBTAINED
 FOR THE EXPERIENCE,  PROVIDED  THAT  SUCH  EXPERIENCE  MEETS  ALL  OTHER
 REQUIREMENTS FOR ACCEPTABLE EXPERIENCE; OR
   (B)  ALTERNATIVE  PATHWAY.  THE  COMMISSIONER  SHALL ISSUE APPROPRIATE
 CERTIFICATES TO PSYCHOANALYSTS LICENSED PRIOR TO THE EFFECTIVE  DATE  OF
 THIS SUBDIVISION WHO HAVE COMPLETED TWELVE CREDIT HOURS, OR THE SUBSTAN-
 TIAL  EQUIVALENT, OF CLINICAL COURSES OF WHICH A MINIMUM OF THREE CREDIT
 HOURS, OR THE SUBSTANTIAL EQUIVALENT, SHALL INCLUDE CONTENT IN DIAGNOSIS
 IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   § 6. Paragraph (g) of subdivision 3 of section 8405 of  the  education
 law,  as  amended by chapter 210 of the laws of 2004, is amended to read
 as follows:
 A. 6008--D                          7
 
   (g) Fees: Pay a fee of one hundred seventy-five dollars for an initial
 license [and], a fee of one hundred seventy dollars for  each  triennial
 registration  period,  AND  FOR  THE  ADDITIONAL  AUTHORIZATION  FOR THE
 PURPOSE OF DIAGNOSING, A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS.
   § 7. Subdivision 2 of section 8409 of the education law, as amended by
 chapter 485 of the laws of 2013, is amended to read as follows:
   2.  Limited  permits  shall  be  for  [two]  THREE years; such limited
 permits may be renewed, at the discretion of the department, for  up  to
 two additional one year periods.
   §  8.  Subparagraph  (i)  of paragraph (c) of subdivision 8 of section
 8410 of the education law, as amended by section 5 of part Y of  chapter
 57 of the laws of 2018, is amended to read as follows:
   (i)  Prevent a person without a license from participating as a member
 of a multi-disciplinary team to assist in the development of  or  imple-
 mentation  of  a  behavioral health services or treatment plan; provided
 that such team shall include one or more  professionals  licensed  under
 this  article  or  articles  one hundred thirty-one, one hundred thirty-
 nine, one hundred fifty-three or one hundred fifty-four of this chapter;
 and provided, further, that the activities performed by members  of  the
 team shall be consistent with the scope of practice for each team member
 licensed  or  authorized  under  THIS  title [VIII of this chapter], and
 those who are  not  so  authorized  may  not  engage  in  the  following
 restricted  practices:  the  diagnosis of mental, emotional, behavioral,
 addictive and developmental disorders and disabilities; patient  assess-
 ment  and  evaluating; the provision of psychotherapeutic treatment; the
 provision of treatment other than psychotherapeutic treatment; or  inde-
 pendently  developing  and implementing assessment-based treatment plans
 [as defined in section seventy-seven hundred one of this chapter].
   § 9. Subparagraph (i) of paragraph (c) of  subdivision  7  of  section
 7706  of the education law, as amended by section 4 of part Y of chapter
 57 of the laws of 2018, is amended to read as follows:
   (i) Prevent a person without a license from participating as a  member
 of  a  multi-disciplinary team to assist in the development of or imple-
 mentation of a behavioral health services or  treatment  plan;  provided
 that  such  team  shall include one or more professionals licensed under
 this article or articles one hundred  thirty-one,  one  hundred  thirty-
 nine,  one  hundred fifty-three or one hundred sixty-three of this chap-
 ter; and provided, further, that the activities performed by members  of
 the  team  shall  be consistent with the scope of practice for each team
 member licensed or authorized under THIS title [VIII of  this  chapter],
 and  those  who  are  not  so authorized may not engage in the following
 restricted practices: the diagnosis of  mental,  emotional,  behavioral,
 addictive  and developmental disorders and disabilities; patient assess-
 ment and evaluating; the provision of psychotherapeutic  treatment;  the
 provision  of treatment other than psychotherapeutic treatment; or inde-
 pendently developing and implementing assessment-based  treatment  plans
 [as defined in section seventy-seven hundred one of this article].
   §  10.  Subparagraph (i) of paragraph (c) of subdivision 10 of section
 7605 of the education law, as amended by section 2 of part Y of  chapter
 57 of the laws of 2018, is amended to read as follows:
   (i)  A  person  without  a license from participating as a member of a
 multi-disciplinary team to assist in the development of  or  implementa-
 tion  of  a  behavioral health services or treatment plan; provided that
 such team shall include one or more professionals  licensed  under  this
 article or articles one hundred thirty-one, one hundred thirty-nine, one
 hundred  fifty-four  or  one  hundred  sixty-three  of this chapter; and
 A. 6008--D                          8
 
 provided, further, that the activities performed by members of the  team
 shall  be  consistent  with  the  scope of practice for each team member
 licensed or authorized under THIS title  [VIII  of  this  chapter],  and
 those  who  are  not  so  authorized  may  not  engage  in the following
 restricted practices: the diagnosis of  mental,  emotional,  behavioral,
 addictive  and developmental disorders and disabilities; patient assess-
 ment and evaluating; the provision of psychotherapeutic  treatment;  the
 provision  of treatment other than psychotherapeutic treatment; or inde-
 pendently developing and implementing assessment-based  treatment  plans
 [as defined in section seventy-seven hundred one of this title].
   §  11.  Subdivision 9 of section 8410 of the education law, as amended
 by chapter 159 of the laws of 2021, is amended to read as follows:
   9. Notwithstanding any other provision of law to the contrary, nothing
 in this article shall be construed to prohibit or limit  the  activities
 or services provided under this article by any person who is employed or
 who  commences  employment  in a program or service operated, regulated,
 funded, or approved by the department of mental hygiene, the  office  of
 children and family services, the department of corrections and communi-
 ty  supervision,  the office of temporary and disability assistance, the
 state office for the aging and the  department  of  health  or  a  local
 governmental unit as that term is defined in section 41.03 of the mental
 hygiene  law  or a social services district as defined in section sixty-
 one of the social services law on or before two years from the date that
 the regulations issued in accordance with section six of part Y of chap-
 ter fifty-seven of the laws of two thousand eighteen appear in the state
 register or are adopted, whichever is later. Such prohibitions or  limi-
 tations  shall  not  apply  to such employees for as long as they remain
 employed by such programs or services and whether they  remain  employed
 by  the  same  or  other  employers providing such programs or services.
 Provided however, that any  person  who  commences  employment  in  such
 program  or  service  after  such  date  and  performs services that are
 restricted under this article shall be appropriately licensed or author-
 ized under this article. Each state oversight agency  shall  create  and
 maintain  a  process  to verify employment history of individuals exempt
 under this subdivision.   PROVIDED, HOWEVER,  THAT  NOTWITHSTANDING  ANY
 OTHER  PROVISION  OF LAW TO THE CONTRARY, LICENSED MENTAL HEALTH COUNSE-
 LOR, LICENSED MARRIAGE AND FAMILY THERAPIST, AND LICENSED  PSYCHOANALYST
 EMPLOYED  IN  A  PROGRAM  OR  SERVICE  OPERATED,  REGULATED,  FUNDED, OR
 APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE OFFICE OF CHILDREN AND
 FAMILY SERVICES, THE DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPER-
 VISION,  THE  OFFICE  OF  TEMPORARY AND DISABILITY ASSISTANCE, THE STATE
 OFFICE FOR THE AGING AND THE DEPARTMENT OF HEALTH  OR  A  LOCAL  GOVERN-
 MENTAL  UNIT  AS DEFINED BY SECTION 41.03 OF THE MENTAL HYGIENE LAW OR A
 SOCIAL SERVICES DISTRICT AS DEFINED BY SECTION SIXTY-ONE OF  THE  SOCIAL
 SERVICES  LAW  PRIOR  TO JUNE TWENTY-FOURTH, TWO THOUSAND TWENTY-TWO MAY
 DIAGNOSE AND DEVELOP ASSESSMENT-BASED TREATMENT PLANS AS  LONG  AS  THEY
 REMAIN EMPLOYED BY SUCH PROGRAMS, PROVIDED HOWEVER, SUCH LICENSED MENTAL
 HEALTH  COUNSELOR,  LICENSED  MARRIAGE AND FAMILY THERAPIST AND LICENSED
 PSYCHOANALYST IS REQUIRED TO HOLD  A  CERTIFICATE  TO  DIAGNOSE  BY  THE
 COMMISSIONER  TWO  YEARS  AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE
 LAWS OF TWO THOUSAND TWENTY-TWO THAT AMENDED THIS SUBDIVISION.
   § 12. Subdivision 8 of section 7706 of the education law,  as  amended
 by chapter 159 of the laws of 2021, is amended to read as follows:
   8. Notwithstanding any other provision of law to the contrary, nothing
 in  this  article shall be construed to prohibit or limit the activities
 or services provided under this article by any person who is employed or
 A. 6008--D                          9
 
 who commences employment in a program or  service  operated,  regulated,
 funded,  or  approved by the department of mental hygiene, the office of
 children and family services, the department of corrections and communi-
 ty  supervision,  the office of temporary and disability assistance, the
 state office for the aging and the  department  of  health  or  a  local
 governmental unit as that term is defined in section 41.03 of the mental
 hygiene  law  or a social services district as defined in section sixty-
 one of the social services law on or before two years from the date that
 the regulations issued in accordance with section six of part Y of chap-
 ter fifty-seven of the laws of two thousand eighteen appear in the state
 register or are adopted, whichever is later. Such prohibitions or  limi-
 tations  shall  not  apply  to such employees for as long as they remain
 employed by such programs or services and whether they  remain  employed
 by  the  same  or  other  employers providing such programs or services.
 Provided however, that any  person  who  commences  employment  in  such
 program  or  service  after  such  date  and  performs services that are
 restricted under this article shall be appropriately licensed or author-
 ized under this article. Each state oversight agency  shall  create  and
 maintain  a  process  to verify employment history of individuals exempt
 under this subdivision.  PROVIDED,  HOWEVER,  THAT  NOTWITHSTANDING  ANY
 OTHER  PROVISION  OF LAW TO THE CONTRARY, LICENSED MENTAL HEALTH COUNSE-
 LOR, LICENSED MARRIAGE AND FAMILY THERAPIST, AND LICENSED  PSYCHOANALYST
 EMPLOYED  IN  A  PROGRAM  OR  SERVICE  OPERATED,  REGULATED,  FUNDED, OR
 APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE OFFICE OF CHILDREN AND
 FAMILY SERVICES, THE DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPER-
 VISION,  THE  OFFICE  OF  TEMPORARY AND DISABILITY ASSISTANCE, THE STATE
 OFFICE FOR THE AGING AND THE DEPARTMENT OF HEALTH  OR  A  LOCAL  GOVERN-
 MENTAL  UNIT  AS DEFINED IN SECTION 41.03 OF THE MENTAL HYGIENE LAW OR A
 SOCIAL SERVICES DISTRICT AS DEFINED IN SECTION SIXTY-ONE OF  THE  SOCIAL
 SERVICES  LAW  PRIOR  TO JUNE TWENTY-FOURTH, TWO THOUSAND TWENTY-TWO MAY
 DIAGNOSE AND DEVELOP ASSESSMENT-BASED TREATMENT PLANS AS  LONG  AS  THEY
 REMAIN EMPLOYED BY SUCH PROGRAMS, PROVIDED HOWEVER, SUCH LICENSED MENTAL
 HEALTH  COUNSELOR,  LICENSED  MARRIAGE AND FAMILY THERAPIST AND LICENSED
 PSYCHOANALYST IS REQUIRED TO HOLD  A  CERTIFICATE  TO  DIAGNOSE  BY  THE
 COMMISSIONER  TWO  YEARS  AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE
 LAWS OF TWO THOUSAND TWENTY-TWO THAT AMENDED THIS SUBDIVISION.
   § 13. Subdivision 12 of section 7605 of the education law, as  amended
 by chapter 159 of the laws of 2021, is amended to read as follows:
   12.  Notwithstanding any other provision of law to the contrary, noth-
 ing in this article shall be construed to prohibit or limit  the  activ-
 ities  or  services  provided  under  this  article by any person who is
 employed or who commences employment in a program or  service  operated,
 regulated,  funded, or approved by the department of mental hygiene, the
 office of children and family services, or a local governmental unit  as
 that  term  is  defined  in section 41.03 of the mental hygiene law or a
 social services district as defined in section sixty-one of  the  social
 services  law  on or before two years from the date that the regulations
 issued in accordance with section six of part Y of  chapter  fifty-seven
 of the laws of two thousand eighteen appear in the state register or are
 adopted,  whichever is later. Such prohibitions or limitations shall not
 apply to such employees for as long as  they  remain  employed  by  such
 programs  or  services  and  whether they remain employed by the same or
 other employers providing such programs or services. Provided,  however,
 that  any  person  who  commences  employment in such program or service
 after such date and performs services that  are  restricted  under  this
 article  shall  be appropriately licensed or authorized under this arti-
 A. 6008--D                         10
 
 cle. Each state oversight agency shall create and maintain a process  to
 verify  employment history of individuals exempt under this subdivision.
 PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO
 THE  CONTRARY,  LICENSED  MENTAL HEALTH COUNSELOR, LICENSED MARRIAGE AND
 FAMILY THERAPIST, AND LICENSED PSYCHOANALYST EMPLOYED IN  A  PROGRAM  OR
 SERVICE  OPERATED,  REGULATED,  FUNDED, OR APPROVED BY THE DEPARTMENT OF
 MENTAL HYGIENE, THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE  DEPART-
 MENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION, THE OFFICE OF TEMPORARY
 AND DISABILITY ASSISTANCE, THE  STATE  OFFICE  FOR  THE  AGING  AND  THE
 DEPARTMENT  OF HEALTH OR A LOCAL GOVERNMENTAL UNIT AS DEFINED IN SECTION
 41.03 OF THE MENTAL HYGIENE LAW OR A SOCIAL SERVICES DISTRICT AS DEFINED
 IN SECTION SIXTY-ONE OF THE SOCIAL SERVICES LAW PRIOR  TO  JUNE  TWENTY-
 FOURTH,  TWO  THOUSAND  TWENTY-TWO  MAY DIAGNOSE AND DEVELOP ASSESSMENT-
 BASED TREATMENT PLANS AS LONG AS THEY REMAIN EMPLOYED BY  SUCH  PROGRAMS
 OR  SERVICES  AND  WHETHER  THEY  REMAIN  EMPLOYED  BY THE SAME OR OTHER
 EMPLOYERS PROVIDING SUCH PROGRAMS OR SERVICES,  PROVIDED  HOWEVER,  SUCH
 LICENSED MENTAL HEALTH COUNSELOR, LICENSED MARRIAGE AND FAMILY THERAPIST
 AND LICENSED PSYCHOANALYST IS REQUIRED TO HOLD A CERTIFICATE TO DIAGNOSE
 BY THE COMMISSIONER TWO YEARS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF
 THE LAWS OF TWO THOUSAND TWENTY-TWO THAT AMENDED THIS SUBDIVISION.
   §  14.  This act shall take effect on first day of the eighteenth full
 month after it shall have become a law; provided, however that  sections
 eleven,  twelve  and  thirteen of this act shall take effect on June 24,
 2022. Effective immediately, the addition, amendment  and/or  repeal  of
 any  rule  or regulation necessary for the implementation of this act on
 or before its effective date are authorized to be made and completed  on
 or before such effective date.

                             
                     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
              

 A. 6008--E                          2
 
 ON  THE  DIAGNOSIS AND PSYCHOSOCIAL ASSESSMENT OF THE CLIENT, TO ADDRESS
 MENTAL, EMOTIONAL, BEHAVIORAL, DEVELOPMENTAL, AND  ADDICTIVE  DISORDERS,
 IMPAIRMENTS, AND DISABILITIES.
   §  2.  The  education law is amended by adding a new section 8401-a to
 read as follows:
   § 8401-A. DIAGNOSTIC PRIVILEGE. 1. FOR  ISSUANCE  OF  A  PRIVILEGE  TO
 DIAGNOSE  AND  DEVELOP  ASSESSMENT-BASED  TREATMENT PLANS, AS DEFINED IN
 SECTION EIGHTY-FOUR HUNDRED ONE OF THIS  ARTICLE,  THE  APPLICANT  SHALL
 FULFILL THE FOLLOWING REQUIREMENTS:
   (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   (B)  LICENSE: BE LICENSED AND REGISTERED AS A MENTAL HEALTH COUNSELOR,
 MARRIAGE AND FAMILY THERAPIST, OR A PSYCHOANALYST IN THE STATE;
   (C) EDUCATION:   VERIFY  THE  COMPLETION  OF  A  SIXTY  SEMESTER  HOUR
 MASTER'S DEGREE OR HIGHER, OR THE CLOCK HOUR EQUIVALENT PROGRAM OF STUDY
 IN  A  PSYCHOANALYTIC  INSTITUTE,  THAT  INCLUDES  COMPLETION  OF A CORE
 CURRICULUM WHICH INCLUDES AT LEAST TWELVE SEMESTER HOURS OR  CLOCK  HOUR
 EQUIVALENT  OF  CLINICAL COURSES THAT PREPARES THE APPLICANT TO DIAGNOSE
 AND DEVELOP ASSESSMENT-BASED TREATMENT PLANS ACCEPTABLE TO  THE  DEPART-
 MENT. A PERSON WHO HAS RECEIVED A MASTER'S OR HIGHER DEGREE DURING WHICH
 THEY  DID  NOT COMPLETE THE REQUIRED HOURS, MAY SATISFY SUCH REQUIREMENT
 BY COMPLETING THE EQUIVALENT POST-GRADUATE COURSES  IN  ACCORDANCE  WITH
 THE COMMISSIONER'S REGULATIONS;
   (D)  EXPERIENCE:  (I)  HAVE  COMPLETED  AT LEAST TWO THOUSAND HOURS OF
 SUPERVISED, DIRECT CLIENT CONTACT THAT SHALL INCLUDE, BUT NOT BE LIMITED
 TO, DIAGNOSIS, PSYCHOTHERAPY AND  THE  DEVELOPMENT  OF  ASSESSMENT-BASED
 TREATMENT  PLANS,  AS DEFINED IN SECTION EIGHTY-FOUR HUNDRED ONE OF THIS
 ARTICLE, SATISFACTORY TO THE DEPARTMENT.
   (II) SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL NOT APPLY  TO  A  MENTAL
 HEALTH  COUNSELOR,  MARRIAGE  AND FAMILY THERAPIST, OR PSYCHOANALYST WHO
 WAS LICENSED PRIOR TO JUNE TWENTY-FOURTH, TWO THOUSAND TWENTY-FOUR,  AND
 WHO PROVIDES ATTESTATION, ON A FORM PRESCRIBED BY THE DEPARTMENT, FROM A
 SUPERVISOR IN A FACILITY SETTING OR OTHER SUPERVISED SETTING APPROVED BY
 THE  DEPARTMENT  UNDER SUPERVISION IN ACCORDANCE WITH THE COMMISSIONER'S
 REGULATIONS, THAT SUCH LICENSEE HAS AT LEAST THREE YEARS  OF  EXPERIENCE
 ENGAGED IN DIRECT CLIENT CONTACT THAT SHALL INCLUDE DIAGNOSIS, PSYCHOTH-
 ERAPY  AND  THE  DEVELOPMENT  OF ASSESSMENT-BASED TREATMENT PLANS.  SUCH
 LICENSEE SHALL SUBMIT AN APPLICATION TO THE  DEPARTMENT    WITHIN  THREE
 YEARS OF THE EFFECTIVE DATE OF THIS SECTION.
   (E) FEE: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR ISSUANCE OF
 A PRIVILEGE TO DIAGNOSE AND DEVELOP ASSESSMENT-BASED TREATMENT PLANS.
   2. A MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERAPIST OR PSYCHO-
 ANALYST WHO ENGAGES IN DIAGNOSIS AND THE DEVELOPMENT OF ASSESSMENT-BASED
 TREATMENT  PLANS  WITHOUT  A  PRIVILEGE MAY BE CHARGED WITH PROFESSIONAL
 MISCONDUCT UNDER SECTION SIXTY-FIVE HUNDRED NINE OF THIS TITLE.
   3. A PRIVILEGE ISSUED UNDER THIS SECTION SHALL BE VALID FOR  THE  LIFE
 OF  THE  HOLDER,  UNLESS REVOKED, ANNULLED, OR SUSPENDED BY THE BOARD OF
 REGENTS. SUCH A PRIVILEGE SHALL BE SUBJECT TO  THE  SAME  OVERSIGHT  AND
 DISCIPLINARY  PROVISIONS AS LICENSES ISSUED UNDER THIS TITLE. THE HOLDER
 OF A PRIVILEGE ISSUED UNDER THIS SECTION SHALL REGISTER WITH THE DEPART-
 MENT AS A PRIVILEGE HOLDER IN THE SAME MANNER AND SUBJECT  TO  THE  SAME
 PROVISIONS  AS  REQUIRED  OF  A  LICENSEE PURSUANT TO SECTION SIXTY-FIVE
 HUNDRED TWO OF THIS TITLE, PROVIDED THAT, AT THE TIME OF EACH  REGISTRA-
 TION,  THE  PRIVILEGE  HOLDER  SHALL CERTIFY THAT HE OR SHE CONTINUES TO
 MEET THE REQUIREMENTS FOR THE PRIVILEGE SET FORTH IN THIS  SECTION.  THE
 FEE FOR SUCH REGISTRATION SHALL BE ONE HUNDRED SEVENTY-FIVE DOLLARS. THE
 A. 6008--E                          3
 
 REGISTRATION PERIOD FOR A PRIVILEGE HOLDER SHALL BE COTERMINOUS WITH HIS
 OR HER REGISTRATION UNDER THIS ARTICLE.
   §  3.  Subdivision 1 of section 8407 of the education law, as added by
 chapter 676 of the laws of 2002, is amended to read as follows:
   1. It shall be deemed practicing outside the boundaries of his or  her
 professional  competence for a person licensed pursuant to this article,
 in the case of treatment of any serious mental illness, to  provide  any
 mental  health  service  for  such illness on a continuous and sustained
 basis without a medical evaluation of the illness by,  and  consultation
 with,  a  physician regarding such illness, UNLESS SUCH LICENSED PROFES-
 SIONAL HAS BEEN ISSUED A PRIVILEGE TO DIAGNOSIS AND DEVELOP  ASSESSMENT-
 BASED  TREATMENT  PLANS  BY  THE DEPARTMENT. Such medical evaluation and
 consultation shall be to determine and advise whether any  medical  care
 is  indicated  for  such illness. For purposes of this section, "serious
 mental illness" means schizophrenia, schizoaffective  disorder,  bipolar
 disorder,  major  depressive disorder, panic disorder, obsessive-compul-
 sive disorder, attention-deficit hyperactivity disorder and autism.
   § 4. Subdivision 1 of section 8409 of the education law, as amended by
 chapter 210 of the laws of 2004, is amended to read as follows:
   1. The department may issue a limited permit to an applicant who meets
 all qualifications for licensure, except the examination and/or  experi-
 ence  requirements, OR TO AN APPLICANT WHO IS GAINING EXPERIENCE FOR THE
 DIAGNOSTIC PRIVILEGE, in accordance with regulations promulgated  there-
 for.
   §  5.  Section  8410  of  the education law is amended by adding a new
 subdivision 11 to read as follows:
   11. PROHIBIT OR LIMIT A MENTAL HEALTH COUNSELOR, MARRIAGE  AND  FAMILY
 THERAPIST,  OR  PSYCHOANALYST  LICENSED  AND REGISTERED PURSUANT TO THIS
 ARTICLE FROM ENGAGING IN DIAGNOSIS AND THE  DEVELOPMENT  OF  ASSESSMENT-
 BASED  TREATMENT PLANS, AS DEFINED IN SECTION EIGHTY-FOUR HUNDRED ONE OF
 THIS ARTICLE,  IN  A  FACILITY  SETTING  OR  OTHER  SUPERVISED  SETTINGS
 APPROVED  BY  THE  DEPARTMENT  UNDER  SUPERVISION IN ACCORDANCE WITH THE
 COMMISSIONER'S REGULATIONS.
   § 6. This act shall take effect June 24, 2022; provided however,  that
 sections  two  and  three  of  this act shall take effect June 24, 2024;
 provided, further, that the provisions of section five of this act shall
 expire and be deemed repealed June 24, 2025. Effective immediately,  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made and completed on or before such effective date.