S T A T E   O F   N E W   Y O R K
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                                  1751

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2009
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
  Committee on Higher Education

AN ACT to amend the education law, in relation to neuro-psychology tech-
  nicians employed by psychologists

  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 7603-a
to read as follows:
  S  7603-A.  NEURO-PSYCHOLOGY TECHNICIANS EMPLOYED BY PSYCHOLOGISTS. 1.
EMPLOYMENT OF NEURO-PSYCHOLOGY TECHNICIANS. (A)  AN  INDIVIDUAL  MAY  BE
EMPLOYED AS A NEURO-PSYCHOLOGY TECHNICIAN BY A QUALIFIED PSYCHOLOGIST TO
PROVIDE SUPPORTIVE SERVICES RELATING TO NEURO-PSYCHOLOGICAL TESTING. FOR
THE  PURPOSES  OF  THIS SECTION, A "QUALIFIED PSYCHOLOGIST" SHALL MEAN A
PSYCHOLOGIST LICENSED UNDER THIS ARTICLE  WHO  HAS  ADEQUATE  EDUCATION,
TRAINING,  AND  EXPERIENCE  IN  NEURO-PSYCHOLOGICAL  TESTING AND WHO HAS
ADEQUATE TRAINING, KNOWLEDGE AND SKILL TO SUPERVISE  AND  RENDER  COMPE-
TENTLY  ANY  NEURO-PSYCHOLOGICAL TEST WHICH AN EMPLOYED NEURO-PSYCHOLOGY
TECHNICIAN UNDERTAKES. FOR THE PURPOSES OF THIS SECTION,  "NEURO-PSYCHO-
LOGICAL  TESTING"  SHALL MEAN AN EVALUATION THE PRIMARY PURPOSE OF WHICH
IS  THE  DIAGNOSIS  OF  NEURO-DEVELOPMENTAL,   NEURO-DEGENERATIVE,   AND
ACQUIRED DISORDERS OF BRAIN FUNCTION, INTELLECTUAL COMPROMISE, COGNITIVE
AND  NEURO-BEHAVIORAL  DYSFUNCTION  THAT INVOLVE, BUT ARE NOT RESTRICTED
TO, MEMORY DEFICITS, LANGUAGE DISORDERS, LEARNING  DISABILITIES,  PERVA-
SIVE  DEVELOPMENTAL DISORDERS, IMPAIRMENTS OF ORGANIZATION AND PLANNING,
DIFFICULTY WITH COGNITION, AND PERCEPTUAL ABNORMALITIES,  CONSISTING  OF
THE  ADMINISTRATION  OF  STANDARDIZED  TESTS THAT ARE RELIABLE AND VALID
WITH RESPECT TO ASSESSING IMPAIRMENTS IN BRAIN FUNCTION.
  (B) A NEURO-PSYCHOLOGY TECHNICIAN'S ACTIVITIES SHALL BE RESTRICTED  TO
THE  ADMINISTRATION  AND  SCORING  OF STANDARDIZED OBJECTIVE TESTS WHICH
HAVE  SPECIFIED  MECHANICAL  ADMINISTRATION  PROCEDURES  AND  WHICH,  AS
PROVIDED  IN  THE  TEST  MANUAL  OR  OTHER  MATERIALS PROMULGATED BY THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00796-01-9
              

A. 1751                             2

PUBLISHER, DO NOT REQUIRE OR PERMIT INTERPRETATION, QUERYING  OF  EXAMI-
NEES  ABOUT INDIVIDUAL ITEMS, OR OTHER JUDGMENTS.  SPECIFICALLY EXCLUDED
FROM THE SCOPE OF ACTIVITIES OF THE NEURO-PSYCHOLOGY TECHNICIAN ARE  THE
ADMINISTRATION  AND  SCORING  OF  INDIVIDUALLY ADMINISTERED INTELLIGENCE
TESTS AND THE ADMINISTRATION AND SCORING OF PROJECTIVE TESTS  AND  TECH-
NIQUES.  THE ROLE OF THE NEURO-PSYCHOLOGY TECHNICIAN IS STRICTLY LIMITED
TO THE ADMINISTRATION AND SCORING OF TESTS THAT ARE SELECTED AND  INTER-
PRETED  BY  THE  QUALIFIED  PSYCHOLOGIST,  AND  THE RESULTS OF WHICH ARE
COMMUNICATED BY THE QUALIFIED PSYCHOLOGIST. TEST SELECTION, DATA  ANALY-
SIS, INTERPRETATION AND COMMUNICATION OF RESULTS ARE PROFESSIONAL ACTIV-
ITIES  PERFORMED  ONLY  BY  THE  QUALIFIED  PSYCHOLOGIST. EXCEPT FOR THE
ADMINISTRATION AND SCORING OF SUCH TESTS AS PROVIDED FOR IN  THIS  PARA-
GRAPH,  NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO ALLOW A NEURO-
PSYCHOLOGY TECHNICIAN TO PROVIDE ANY OTHER SERVICE WHICH CONSTITUTES THE
PRACTICE OF PSYCHOLOGY AS DEFINED IN THIS ARTICLE.
  (C) THE QUALIFIED  PSYCHOLOGIST  SHALL  HAVE  SUFFICIENT  FACE-TO-FACE
CONTACT  IN  CONDUCTING  PATIENT AND COLLATERAL INTERVIEWS, AND PERSONAL
ADMINISTRATION OF THE TESTING PROCEDURES, SO THAT THE QUALIFIED PSYCHOL-
OGIST  MAY  FORMULATE  DIAGNOSTIC  AND/OR  EVALUATIVE  CONCLUSIONS.  FOR
NEURO-PSYCHOLOGICAL  EVALUATIONS  THAT FORM THE BASIS FOR SPECIAL EDUCA-
TION ELIGIBILITY DETERMINATION, EDUCATIONAL PLACEMENT OR  PLANNING,  THE
QUALIFIED  PSYCHOLOGIST  SHALL HAVE CONDUCTED SUFFICIENT OBSERVATION AND
PERSONAL  ADMINISTRATION  OF  ASSESSMENT  MEASURES  TO  FORM  DIAGNOSTIC
CONCLUSIONS  AND  RECOMMENDATIONS  INDEPENDENTLY  OF  THE  DATA  THAT IS
OBTAINED BY THE  TECHNICIAN.  NEURO-PSYCHOLOGICAL  TESTS  SHALL  NOT  BE
ADMINISTERED  OR  SCORED BY A NEURO-PSYCHOLOGY TECHNICIAN FOR ANY SCHOOL
DISTRICT IN THIS STATE.
  2. SUPERVISION OF NEURO-PSYCHOLOGY TECHNICIANS. (A) THE ADMINISTRATION
AND SCORING OF NEURO-PSYCHOLOGICAL TESTS BY A  NEURO-PSYCHOLOGY  TECHNI-
CIAN SHALL BE PERFORMED ONLY UNDER THE DIRECT SUPERVISION OF A QUALIFIED
PSYCHOLOGIST.  IN  NO INSTANCE SHALL THE RATIO OF QUALIFIED PSYCHOLOGIST
TO NEURO-PSYCHOLOGY  TECHNICIAN  EXCEED  ONE  TO  THREE.  THE  QUALIFIED
PSYCHOLOGIST   SHALL  BE  ETHICALLY  AND  LEGALLY  RESPONSIBLE  FOR  THE
SELECTION AND INTERPRETATION OF NEURO-PSYCHOLOGICAL TESTS,  THE  PROFES-
SIONAL  ACTIVITIES  OF  THE NEURO-PSYCHOLOGY TECHNICIAN AND FOR THE CARE
AND TREATMENT OF THE PATIENT. PROVIDED FURTHER, A QUALIFIED PSYCHOLOGIST
MAY NOT PERMIT A NEURO-PSYCHOLOGY TECHNICIAN TO ENGAGE IN  ANY  PRACTICE
THAT  CANNOT  BE  PERFORMED AND SUPERVISED COMPETENTLY BY SUCH QUALIFIED
PSYCHOLOGIST. AT NO TIME SHALL A NEURO-PSYCHOLOGY TECHNICIAN  ENGAGE  IN
THE  SCOPE  OF  THEIR  ACTIVITIES, AS PROVIDED FOR IN SUBDIVISION ONE OF
THIS SECTION, WITHOUT THE DIRECT SUPERVISION OF A QUALIFIED PSYCHOLOGIST
AS DEFINED IN SUBDIVISION ONE OF THIS  SECTION.    PROVIDED  FURTHER,  A
QUALIFIED  PSYCHOLOGIST  SHALL INTERRUPT OR TERMINATE A NEURO-PSYCHOLOGY
TECHNICIAN'S ACTIVITIES WHENEVER NECESSARY TO ENSURE PATIENT SAFETY  AND
SHALL  PROVIDE  TWENTY-FOUR  HOUR  AVAILABILITY  TO THE NEURO-PSYCHOLOGY
TECHNICIAN AND TO THE PATIENT WHO IS BEING TESTED BY SUCH NEURO-PSYCHOL-
OGY TECHNICIAN FOR EMERGENCY CONSULTATION AND INTERVENTION.
  (B) THE EMPLOYING QUALIFIED PSYCHOLOGIST SHALL PROVIDE  AN  ACCEPTABLE
WORK  SETTING  FOR  A  NEURO-PSYCHOLOGY TECHNICIAN THAT PROVIDES ONGOING
NEURO-PSYCHOLOGICAL SERVICES OR SCIENTIFIC RESEARCH  IN  A  WELL-DEFINED
AND  ESTABLISHED  PROGRAM.  SUCH  WORK  SETTING SHALL MEET THE BROAD AND
SPECIALIZED NEEDS OF THE NEURO-PSYCHOLOGY TECHNICIAN THAT ARE  CONGRUENT
WITH   THE  NEURO-PSYCHOLOGY  TECHNICIAN'S  JOB  DESCRIPTION.  SUCH  JOB
DESCRIPTION SHALL BE DEVELOPED BY  THE  QUALIFIED  PSYCHOLOGIST  AT  THE
INCEPTION  OF THE NEURO-PSYCHOLOGY TECHNICIAN'S EMPLOYMENT, AND SHALL BE
A WRITTEN, INDIVIDUALIZED JOB DESCRIPTION THAT SPECIFIES THE ADMINISTRA-

A. 1751                             3

TIVE POLICIES AND THE  ROLES,  GOALS,  OBJECTIVES,  AND  LIMITS  OF  THE
NEURO-PSYCHOLOGY  TECHNICIAN'S POSITION AND THE REQUIREMENTS OF THE WORK
SETTING.
  3. EDUCATION. THE MINIMUM EDUCATION REQUIREMENTS FOR A NEURO-PSYCHOLO-
GY TECHNICIAN SHALL BE A BACCALAUREATE DEGREE WITH A MAJOR IN PSYCHOLOGY
OR  RELATED  FIELD  FROM A REGIONALLY ACCREDITED INSTITUTION WHICH SHALL
INCLUDE THE SUCCESSFUL COMPLETION OF COURSEWORK IN:
  (A) ABNORMAL PSYCHOLOGY;
  (B) PERSONALITY;
  (C) PSYCHOLOGICAL STATISTICS; AND
  (D) PSYCHOLOGICAL TESTING OR THE THEORY AND PRINCIPLES  OF  PSYCHOLOG-
ICAL ASSESSMENT.
  4.  CERTIFICATION.  NEURO-PSYCHOLOGY TECHNICIANS SHALL BE CERTIFIED BY
THE DEPARTMENT PURSUANT TO REGULATIONS DULY ADOPTED AND  PROMULGATED  BY
THE COMMISSIONER.
  5. ADDITIONAL TRAINING. THE QUALIFIED PSYCHOLOGIST SHALL PROVIDE ADDI-
TIONAL TRAINING TO THE NEURO-PSYCHOLOGY TECHNICIAN WHICH SHALL INCLUDE:
  (A)  THE  GOALS  OF NEURO-PSYCHOLOGICAL EXAMINATION AND THE NEURO-PSY-
CHOLOGY TECHNICIAN'S ROLE IN ACHIEVING THOSE GOALS;
  (B) TRAINING IN INSTITUTIONAL EMERGENCY PROCEDURES TO DEAL WITH  VARI-
OUS  PATIENT  MEDICAL  EMERGENCIES  SUCH  AS  HEART  ATTACK, RESPIRATORY
ARREST, SEIZURES AND OTHER RELEVANT INFORMATION;
  (C) TRAINING AND INFORMATION ON  RECOMMENDED  PROCEDURES  FOR  DEALING
WITH  INCOMPETENT OR ADJUDICATED PATIENTS WHO ATTEMPT TO LEAVE THE TEST-
ING SETTING WITHOUT AUTHORIZATION;
  (D) TRAINING THE NEURO-PSYCHOLOGY TECHNICIAN TO BE SENSITIVE TO SUBTLE
OR OVERT SUICIDAL OR HOMICIDAL THREATS OR INNUENDOES MADE  DURING  TEST-
ING;
  (E) TRAINING ON HOW TO HANDLE AGGRESSIVE OR SEXUALLY EXPLICIT BEHAVIOR
ON THE PART OF THE PATIENT;
  (F)  CLEARLY  COMMUNICATING  THE  DELINEATION  OF  LINES  OF AUTHORITY
BETWEEN THE QUALIFIED PSYCHOLOGIST AND THE  NEURO-PSYCHOLOGY  TECHNICIAN
AND  MAKING  SURE  THAT  THE NEURO-PSYCHOLOGY TECHNICIAN HAS AN EXPLICIT
UNDERSTANDING OF THE LIMITED NATURE OF THE NEURO-PSYCHOLOGY TECHNICIAN'S
ROLE IN NEURO-PSYCHOLOGICAL TESTING;
  (G) EXPLICIT GUIDANCE  AND  TRAINING  REGARDING  ETHICAL  ISSUES  THAT
PERTAIN TO THE ACTIVITIES OF A NEURO-PSYCHOLOGY TECHNICIAN IN NEURO-PSY-
CHOLOGICAL TESTING WHICH SHALL INCLUDE:
  (I) PROTECTION OF PATIENT CONFIDENTIALITY;
  (II)  PROTECTION  OF THE CONFIDENTIALITY OF TEST INFORMATION REGARDING
PATIENTS;
  (III) MAINTENANCE AND PROTECTION OF TEST SECURITY;
  (IV) CONSTRAINTS REGARDING DUAL RELATIONSHIPS WITH PATIENTS OR  SUPER-
VISORS;
  (V) THE LIMITS OF THE NEURO-PSYCHOLOGY TECHNICIAN'S ROLE AND COMPETEN-
CY; AND
  (H)  TRAINING  IN THE ADMINISTRATION AND SCORING OF ESTABLISHED OBJEC-
TIVE TESTS, INCLUDING ANY AMENDMENTS OR REVISIONS TO THE TESTS,  AND  IN
THE ADMINISTRATION AND SCORING OF ANY TESTS WHICH ARE SUBSEQUENTLY ADDED
OR  INCLUDED  IN THE BATTERY OF TESTS SELECTED BY THE QUALIFIED PSYCHOL-
OGIST TO BE ADMINISTERED AND SCORED BY THE NEURO-PSYCHOLOGY TECHNICIAN.
  6. TRAINING QUALIFICATIONS. (A) THE QUALIFIED PSYCHOLOGIST MAY REQUIRE
THAT ANY OF THE TRAINING TO WHICH REFERENCE IS MADE IN SUBDIVISION  FIVE
OF THIS SECTION BE CARRIED OUT IN A FORMAL OR STRUCTURED SETTING INCLUD-
ING, WITHOUT LIMITATION, SPECIAL CLASSES AND ORGANIZED WORKSHOPS.

A. 1751                             4

  (B)  WRITTEN  DOCUMENTATION  SHALL  BE  MAINTAINED  BY  THE  QUALIFIED
PSYCHOLOGIST DESCRIBING THE NATURE  AND  DURATION  OF  TRAINING  OF  THE
NEURO-PSYCHOLOGY TECHNICIAN, AND WHICH INDICATES THAT THE NEURO-PSYCHOL-
OGY TECHNICIAN HAS SUCCESSFULLY COMPLETED THE TRAINING.  SUCH DOCUMENTA-
TION  SHALL  IDENTIFY  THE  SPECIFIC TESTS IN WHICH THE NEURO-PSYCHOLOGY
TECHNICIAN HAS ATTAINED COMPETENCE IN ADMINISTRATION AND SCORING.
  7. REGISTRATION. EACH QUALIFIED PSYCHOLOGIST WHO EMPLOYS A  NEURO-PSY-
CHOLOGY  TECHNICIAN  SHALL  REGISTER EACH TECHNICIAN WITH THE DEPARTMENT
AND SUBMIT A STATEMENT OF SUPERVISION  OUTLINING  THE  PROCESS  USED  TO
SUPERVISE EVERY NEURO-PSYCHOLOGY TECHNICIAN UNDER THEIR EMPLOY.
  8. DISCLOSURE. A QUALIFIED PSYCHOLOGIST WHO EMPLOYS A NEURO-PSYCHOLOGY
TECHNICIAN  OR  TECHNICIANS  SHALL PROVIDE WRITTEN DISCLOSURE CONCERNING
THE LIMITED ROLE OF  NEURO-PSYCHOLOGY  TECHNICIANS  TO  PATIENTS,  LEGAL
GUARDIANS  OF MINORS AND TO THIRD-PARTY PAYORS. REPORTS OF NEURO-PSYCHO-
LOGICAL TESTING SHALL CLEARLY INDICATE WHICH TESTS WERE ADMINISTERED AND
SCORED BY THE NEURO-PSYCHOLOGY TECHNICIAN AND WHICH TESTS WERE  ADMINIS-
TERED AND SCORED BY THE QUALIFIED PSYCHOLOGIST.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.