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PROFESSIONS CONTAINED IN ARTICLE ONE HUNDRED THIRTY OF THIS TITLE SHALL
APPLY TO THIS ARTICLE.
S 8801. DEFINITION OF THE PRACTICE OF BEHAVIORAL HEALTH SERVICES. THE
PRACTICE OF BEHAVIORAL HEALTH SERVICES IS DEFINED AS THE APPLICATION OF
THE SCIENTIFIC COMPONENTS OF PSYCHOLOGICAL AND MENTAL HEALTH PRINCIPLES
IN ORDER TO:
1. FACILITATE HUMAN DEVELOPMENT AND ADJUSTMENT THROUGHOUT THE LIFE
SPAN,
2. PREVENT, DIAGNOSE, OR TREAT MENTAL, EMOTIONAL, OR BEHAVIORAL DISOR-
DERS OR ASSOCIATED DISTRESS WHICH INTERFERE WITH HUMAN MENTAL HEALTH,
AND
3. CONDUCT ASSESSMENTS OR DIAGNOSES FOR THE PURPOSE OF ESTABLISHING
TREATMENT GOALS AND OBJECTIVES, AND PLAN, IMPLEMENT, OR EVALUATE TREAT-
MENT PLANS CONCERNING HUMAN DEVELOPMENT USING BEHAVIORAL TREATMENT
INTERVENTIONS.
BEHAVIORAL HEALTH SERVICES MAY BE PROVIDED TO INDIVIDUAL CHILDREN OR
ADULTS, FAMILIES, GROUPS OR ORGANIZATIONS AS PART OF EITHER A DIRECT
THERAPEUTIC RELATIONSHIP, THE SUPERVISION OF UNLICENSED PERSONNEL OR THE
LICENSED PRACTITIONER'S ROLE AS A CONSULTANT. BEHAVIORAL HEALTH SERVICES
MAY BE PROVIDED IN A VARIETY OF RESIDENTIAL SETTINGS, INCLUDING BUT NOT
LIMITED TO, PSYCHIATRIC HOSPITALS, CORRECTIONAL FACILITIES, RESIDENTIAL
TREATMENT CENTERS FOR THE DEVELOPMENTALLY DISABLED, DRUG/ALCOHOL TREAT-
MENT CENTERS AS WELL AS ANY COMMUNITY-BASED RESIDENTIAL SETTINGS SERVING
THOSE SAME POPULATIONS. IN ADDITION, BEHAVIORAL HEALTH SERVICES MAY BE
PROVIDED ON AN OUTPATIENT BASIS OR AS PART OF AN INDEPENDENT PRACTICE IN
A CLINIC SETTING.
S 8802. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "BEHAVIORAL TREATMENT INTERVENTIONS" SHALL MEAN THE APPLICATION OF
EMPIRICALLY VALIDATED TREATMENT MODALITIES, INCLUDING, BUT NOT LIMITED
TO, OPERANT AND CLASSICAL CONDITIONING TECHNIQUES, ADHERENCE/COMPLIANCE
METHODS, HABIT REVERSAL PROCEDURES, COGNITIVE THERAPY, BIOFEEDBACK
PROCEDURES AND PARENT TRAINING. SUCH INTERVENTIONS ARE SPECIFICALLY
IMPLEMENTED IN THE CONTEXT OF A PROFESSIONAL THERAPEUTIC RELATIONSHIP.
2. "BOARD" SHALL MEAN THE NEW YORK STATE ADVISORY BOARD FOR BEHAVIORAL
HEALTH SERVICES ESTABLISHED BY SECTION EIGHTY-EIGHT HUNDRED FOUR OF THIS
ARTICLE.
S 8803. USE OF THE TITLE "LICENSED BEHAVIORAL HEALTH PRACTITIONER" OR
"LBHP". ONLY A PERSON LICENSED OR OTHERWISE AUTHORIZED UNDER THIS ARTI-
CLE SHALL USE THE TITLE LICENSED BEHAVIORAL HEALTH PRACTITIONER OR THE
LETTERS "LBHP" TO REPRESENT SUCH TITLE.
S 8804. NEW YORK STATE ADVISORY BOARD FOR BEHAVIORAL HEALTH SERVICES.
THE NEW YORK STATE ADVISORY BOARD FOR BEHAVIORAL HEALTH SERVICES SHALL
BE APPOINTED BY THE BOARD OF REGENTS ON RECOMMENDATION OF THE COMMIS-
SIONER FOR THE PURPOSE OF ASSISTING THE BOARD OF REGENTS AND THE DEPART-
MENT ON MATTERS OF LICENSURE AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH
SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE.
1. THE BOARD SHALL BE COMPOSED OF SEVEN MEMBERS, FOUR OF WHOM SHALL BE
LICENSED BEHAVIORAL HEALTH PRACTITIONERS SELECTED FROM RECOMMENDATIONS
MADE BY THE EXECUTIVE BOARD OF THE NORTH AMERICAN ASSOCIATION OF MASTERS
IN PSYCHOLOGY, ACTING IN CONJUNCTION WITH THE EXECUTIVE BOARD OF THE NEW
YORK STATE ASSOCIATION OF MASTERS IN PSYCHOLOGY. TWO MEMBERS OF THE
BOARD SHALL BE PERSONS REPRESENTING THE PUBLIC AT LARGE AND WHO DO NOT
ENGAGE IN THE DELIVERY OF BEHAVIORAL HEALTH SERVICES AND DO NOT HAVE ANY
FINANCIAL INTEREST IN ANY INDIVIDUAL OR BUSINESS OR ENTERPRISE ENGAGED
IN THE PROVISION OF BEHAVIORAL HEALTH SERVICES. ONE MEMBER OF THE BOARD
SHALL BE A LICENSED MENTAL HEALTH PROFESSIONAL OTHER THAN A LICENSED
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BEHAVIORAL HEALTH PRACTITIONER AND SHALL BE CHOSEN FROM A LIST OF QUALI-
FIED CANDIDATES SUBMITTED BY THE NORTH AMERICAN ASSOCIATION OF MASTERS
IN PSYCHOLOGY.
2. NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE, THE MEMBERS OF THE
FIRST BOARD ESTABLISHED PURSUANT TO THIS SECTION WHO ARE BEHAVIORAL
HEALTH PRACTITIONERS NEED NOT BE LICENSED PRIOR TO THEIR APPOINTMENT TO
THE BOARD, PROVIDED, HOWEVER, SUCH PERSONS ARE CERTIFIED BY THE NORTH
AMERICAN ASSOCIATION OF MASTERS OF PSYCHOLOGY, AND SHALL RECEIVE
LICENSES PURSUANT TO THIS ARTICLE WITHIN ONE YEAR OF APPOINTMENT TO THE
BOARD. THE TERM OF OFFICE OF THE MEMBERS OF THE BOARD SHALL BE FIVE
YEARS. ANY VACANCY ON THE BOARD SHALL BE FILLED BY APPOINTMENT FOR THE
REMAINDER OF SUCH VACATING MEMBER'S TERM IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION.
3. THIS ARTICLE SHALL NOT BE CONSTRUED TO AFFECT OR PREVENT A STUDENT
STUDYING PSYCHOLOGY OR A RELATED FIELD FROM ENGAGING IN CLINICAL PRAC-
TICE UNDER THE SUPERVISION OF A LICENSED OR CERTIFIED PSYCHOLOGIST OR
OTHER MENTAL HEALTH PROFESSIONAL AS PART OF A PROGRAM CONDUCTED IN AN
APPROVED AGENCY AFFILIATED WITH A REGIONALLY ACCREDITED COLLEGE OR
UNIVERSITY.
4. THE BOARD SHALL HOLD AT LEAST FOUR REGULAR MEETINGS EACH YEAR.
MEETINGS SHALL BE HELD AT SUCH TIME AND PLACE AS THE BOARD MAY PROVIDE.
THE BOARD SHALL ELECT ANNUALLY THE FOLLOWING OFFICERS: A CHAIR, A VICE-
CHAIR, AND A SECRETARY. FOUR MEMBERS OF THE BOARD SHALL CONSTITUTE A
QUORUM.
5. THE DEPARTMENT SHALL, WITH CONSIDERATION OF THE RECOMMENDATIONS OF
THE BOARD, HAVE THE AUTHORITY TO:
A. PRESCRIBE, ADOPT, AND PROMULGATE RULES AND REGULATIONS TO IMPLEMENT
AND ENFORCE THE PROVISIONS OF THIS ARTICLE;
B. ADOPT AND ESTABLISH RULES OF PROFESSIONAL CONDUCT;
C. SET LICENSE AND EXAMINATION FEES AS REQUIRED BY THIS ARTICLE;
D. SEEK INJUNCTIVE RELIEF;
E. REQUEST THE DISTRICT ATTORNEY OR OTHER APPROPRIATE LAW ENFORCEMENT
OFFICIAL TO BRING AN ACTION TO ENFORCE THE PROVISIONS OF THIS ARTICLE;
F. ISSUE, RENEW, REVOKE, DENY, SUSPEND AND PLACE ON PROBATION LICENSES
TO PRACTICE BEHAVIORAL HEALTH PURSUANT TO THE PROVISIONS OF THIS ARTI-
CLE;
G. EXAMINE ALL QUALIFIED APPLICANTS FOR LICENSES TO PRACTICE BEHAV-
IORAL HEALTH; AND
H. INVESTIGATE COMPLAINTS AND POSSIBLE VIOLATIONS OF THIS ARTICLE.
S 8805. REQUIREMENTS FOR PROFESSIONAL LICENSURE. TO QUALIFY FOR LICEN-
SURE AS A BEHAVIORAL HEALTH PRACTITIONER PURSUANT TO THIS ARTICLE, AN
APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: HAVE MET ONE OF THE TWO FOLLOWING CONDITIONS:
A. RECEIVED A MASTER'S DEGREE FROM A PROGRAM IN PSYCHOLOGY FROM A
REGIONALLY ACCREDITED COLLEGE OR UNIVERSITY, OR
B. HAVE SUCCESSFULLY COMPLETED AT LEAST SIXTY GRADUATE SEMESTER HOURS,
OR THE EQUIVALENT GRADUATE QUARTER HOURS IN A PROGRAM LEADING TO A
DOCTORAL DEGREE IN PSYCHOLOGY FROM A REGIONALLY ACCREDITED COLLEGE OR
UNIVERSITY;
3. EXPERIENCE: HAVE TWO YEARS OF SUPERVISED FULL-TIME EXPERIENCE IN
THE DELIVERY OF PROFESSIONAL BEHAVIORAL HEALTH OR PSYCHOLOGICAL SERVICES
SUBJECT TO THE SUPERVISION OF A LICENSED MENTAL HEALTH PROFESSIONAL
PURSUANT TO CONDITIONS ESTABLISHED BY THE BOARD;
4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; EXAMINATIONS FOR LICEN-
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SURE SHALL BE HELD AT SUCH TIMES, AT SUCH PLACE, AND IN SUCH MANNER AS
THE DEPARTMENT SHALL DIRECT. SUCH EXAMINATIONS SHALL BE HELD, AT LEAST,
ANNUALLY. THE DEPARTMENT SHALL DETERMINE THE GRADING SYSTEM FOR SUCH
EXAMINATIONS. EXAMINATIONS SHALL COVER TECHNICAL, PROFESSIONAL, AND
PRACTICAL SUBJECT MATTERS RELATED TO THE PRACTICE OF BEHAVIOR SCIENCE.
IF AN APPLICANT FAILS TO PASS SUCH EXAMINATION, SUCH APPLICANT MAY REAP-
PLY TO TAKE THE EXAMINATION;
5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
6. CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR AN
ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES;
7. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT;
8. FEES: PAY A FEE OF ONE HUNDRED FIFTY DOLLARS TO THE DEPARTMENT FOR
ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
LICENSE, A FEE OF SEVENTY-FIVE DOLLARS FOR EACH REEXAMINATION, A FEE OF
ONE HUNDRED DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING
ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, AND A FEE OF ONE
HUNDRED DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
S 8806. LIMITED PERMITS. ON RECOMMENDATION OF THE BOARD, THE DEPART-
MENT MAY ISSUE BEFORE JANUARY FIRST, TWO THOUSAND TWELVE, A LIMITED
PERMIT TO PRACTICE BEHAVIORAL HEALTH SERVICES TO AN APPLICANT CURRENTLY
EMPLOYED TO PROVIDE BEHAVIORAL HEALTH SERVICES AND WHO MEETS THE EXPERI-
ENCE REQUIREMENTS FOR LICENSURE. SUCH LIMITED PERMIT SHALL BE VALID FOR
A PERIOD OF NO MORE THAN THREE YEARS, DURING WHICH TIME SUCH APPLICANT
SHALL COMPLETE THE REQUIREMENTS FOR ADMISSION TO THE LICENSURE EXAMINA-
TION. UPON SUCCESSFUL PASSAGE OF THE EXAMINATION SUCH APPLICANT SHALL
BECOME ELIGIBLE FOR LICENSURE PURSUANT TO THIS ARTICLE. THE FEE FOR EACH
LIMITED PERMIT SHALL BE ONE HUNDRED DOLLARS.
S 8807. EXEMPT PERSONS. 1. PERSONS APPLYING FOR LICENSURE AS BEHAV-
IORAL HEALTH PRACTITIONERS PURSUANT TO THIS ARTICLE, BEFORE JANUARY
FIRST, TWO THOUSAND TWELVE, SHALL BE DEEMED TO HAVE MET ALL THE QUALI-
FICATIONS FOR LICENSURE AND BE EXEMPT FROM THE REQUIREMENT FOR EXAMINA-
TION, IF SUCH PERSONS HAVE BEEN EMPLOYED TO PROVIDE BEHAVIORAL HEALTH OR
PSYCHOLOGICAL SERVICES OR TO SUPERVISE PROVIDERS OF SUCH SERVICES, FOR
AT LEAST TWO YEARS DURING THE FIVE YEAR PERIOD IMMEDIATELY PRECEDING
SUCH PERSONS' APPLICATIONS OR IF SUCH PERSONS ARE CREDENTIALED AS
NATIONALLY CERTIFIED PSYCHOLOGISTS.
2. THIS ARTICLE SHALL NOT BE CONSTRUED TO AFFECT OR PREVENT QUALIFIED
PHYSICIANS, NURSES, PHYSICAL OR OCCUPATIONAL THERAPISTS, PSYCHOLOGISTS,
MENTAL HEALTH COUNSELORS, CREATIVE ARTS THERAPISTS, PSYCHOANALYSTS,
SOCIAL WORKERS, MEMBERS OF THE CLERGY, MARRIAGE AND FAMILY THERAPISTS,
REHABILITATION COUNSELORS, ALCOHOL AND DRUG COUNSELORS OR ANY OTHER
LICENSED OR CERTIFIED PROFESSIONAL FROM PERFORMING THE WORK OF A BEHAV-
IORAL HEALTH PRACTITIONER WHERE INCIDENT TO THE PRACTICE OF SUCH
PROFESSIONS, PROVIDED THAT ANY SUCH PROFESSIONAL DOES NOT USE THE TITLE
"LICENSED BEHAVIORAL HEALTH PRACTITIONER" OR "LBHP" OR REPRESENT TO THE
PUBLIC, BY ANY TITLE, THAT HE OR SHE IS ENGAGED IN THE PRACTICE OF
BEHAVIORAL HEALTH SERVICES.
3. THIS ARTICLE SHALL NOT BE CONSTRUED TO AFFECT OR PREVENT STUDENTS
STUDYING PSYCHOLOGY OR A RELATED FIELD FROM ENGAGING IN CLINICAL PRAC-
TICE UNDER THE SUPERVISION OF A LICENSED OR CERTIFIED PSYCHOLOGIST OR
OTHER MENTAL HEALTH PROFESSIONAL AS PART OF A PROGRAM CONDUCTED IN AN
APPROVED AGENCY AFFILIATED WITH A REGIONALLY ACCREDITED COLLEGE OR
UNIVERSITY.
4. THE BEHAVIORAL HEALTH SERVICES PROVIDED BY A PERSON IN THE EMPLOY
OF ANY STATE, COUNTY OR MUNICIPAL GOVERNMENT AGENCY, OR IN THE EMPLOY OF
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A NON-PROFIT AGENCY CONTRACTED WITH ANY STATE, COUNTY OR MUNICIPAL
GOVERNMENT, SHALL BE EXEMPT FROM THE LICENSURE REQUIREMENT OF THIS ARTI-
CLE, IF SUCH SERVICES ARE RENDERED AS PART OF THE OFFICIAL DUTIES OF
SUCH PERSON WITH SUCH EMPLOYING AGENCY PROVIDED THAT:
A. ANY PERSON WHO IS UNLICENSED AND PROVIDING SERVICES UNDER THE
EXEMPTION SPECIFIED IN THIS SUBDIVISION, SHALL NOT USE THE TITLE OF
"LICENSED BEHAVIORAL HEALTH PRACTITIONER" OR THE LETTERS "LBHP"; AND
B. THE EXEMPTION PROVIDED IN THIS SUBDIVISION SHALL APPLY ONLY WHILE
THE UNLICENSED INDIVIDUAL IS OPERATING UNDER THE AUSPICES OF SUCH
EMPLOYER, AND IT IS NOT APPLICABLE TO OTHER EMPLOYMENT OR NONEMPLOYMENT
SETTINGS.
S 8808. RENEWAL OF LICENSURE AND CONTINUING EDUCATION. BEHAVIORAL
HEALTH PRACTITIONERS LICENSED UNDER THIS ARTICLE SHALL BE REQUIRED TO
SUBMIT TRIENNIALLY AT THE TIME OF RENEWAL, A LICENSURE RENEWAL FEE OF
ONE HUNDRED DOLLARS. NO LICENSE SHALL BE RENEWED UNLESS THE RENEWAL
REQUEST IS ACCOMPANIED BY EVIDENCE SATISFACTORY TO THE BOARD OF THE
COMPLETION OF RELEVANT PROFESSIONAL CONTINUING EDUCATION EXPERIENCES.
THE CONTINUING EDUCATION REQUIREMENTS OF THE BOARD SHALL BE MAILED TO
EACH LICENSED BEHAVIORAL HEALTH PRACTITIONER ONE YEAR PRIOR TO THE
RENEWAL DATE OF SUCH PRACTITIONER'S LICENSE. RENEWAL OF LICENSURE IS
ACCOMPLISHED BY PAYING THE RENEWAL FEE AND SUBMITTING EVIDENCE OF
CONTINUING EDUCATION. NO EXAMINATION IS REQUIRED. A PRACTITIONER'S
REQUEST FOR LICENSE RENEWAL SHALL BE MAILED THREE MONTHS PRIOR TO THE
EXPIRATION DATE OF SUCH PRACTITIONER'S LICENSE. FAILURE TO RENEW SUCH
LICENSE SHALL RESULT IN FORFEITURE OF THE RIGHTS AND PRIVILEGES GRANTED
BY SUCH LICENSE. A PERSON WHOSE LICENSE HAS EXPIRED MAY MAKE APPLICATION
WITHIN ONE YEAR FOLLOWING SUCH EXPIRATION, IN WRITING, TO THE DEPARTMENT
REQUESTING REINSTATEMENT IN A MANNER PRESCRIBED BY THE DEPARTMENT AND
PAYMENT OF THE FEES REQUIRED BY THE PROVISIONS OF THIS ARTICLE. A PERSON
WHOSE LICENSE HAS EXPIRED FOR MORE THAN ONE YEAR SHALL NOT BE REINSTATED
AND MAY APPLY FOR A NEW LICENSE AS PROVIDED IN SECTION EIGHTY-EIGHT
HUNDRED FIVE OF THIS ARTICLE.
S 8809. RECIPROCITY; ENDORSEMENT. 1. THE DEPARTMENT MAY ENTER INTO A
RECIPROCAL AGREEMENT WITH ANY STATE THAT CREDENTIALS BEHAVIORAL HEALTH
PRACTITIONERS, IF THE BOARD FINDS THAT SUCH OTHER STATE HAS SUBSTANTIAL-
LY THE SAME OR HIGHER LICENSURE REQUIREMENTS AS NEW YORK STATE.
2. THE DEPARTMENT MAY LICENSE ANY RESIDENT OF THE STATE WHO IS
CURRENTLY CREDENTIALED IN ANOTHER JURISDICTION OF THE UNITED STATES, IF
SUCH RESIDENT HAS MET THE SAME OR HIGHER LICENSURE REQUIREMENTS AS
REQUIRED BY NEW YORK STATE.
3. THE DEPARTMENT SHALL DELINEATE, BY RULES AND REGULATIONS, THE
PROCEDURES REGARDING THE VERIFICATION OF AN APPLICANT'S CREDENTIALS FROM
ANOTHER JURISDICTION.
4. THE BOARD WILL NOT LICENSE BY RECIPROCITY OR ENDORSEMENT ANY APPLI-
CANT WHO IS UNDER INVESTIGATION IN THIS OR ANOTHER JURISDICTION FOR AN
ACT WHICH WOULD CONSTITUTE A VIOLATION OF THIS ARTICLE UNTIL SUCH A TIME
AS THE INVESTIGATION IS COMPLETE. WHEN DECIDING SUCH A CASE, THE BOARD
WILL DETERMINE WHAT, IF ANY, RULES OR DISCIPLINE SHALL APPLY.
S 8810. GROUNDS FOR DENIAL, SUSPENSION OR REVOCATION OF PROFESSIONAL
LICENSURE. GROUNDS FOR DENIAL, SUSPENSION OR REVOCATION OF A LICENSE
GRANTED UNDER THIS ARTICLE INCLUDE, BUT ARE NOT LIMITED TO:
1. USE OF DRUGS OR ALCOHOL OR BOTH, TO AN EXTENT THAT SUBSTANTIALLY
IMPAIRS THE INDIVIDUAL'S ABILITY TO ENGAGE IN THE PRACTICE OF BEHAVIORAL
HEALTH SERVICES;
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2. CONVICTION OF A FELONY AND, AFTER INVESTIGATION, A FINDING BY THE
BOARD THAT THE INDIVIDUAL HAS NOT BEEN SUFFICIENTLY REHABILITATED TO
MERIT THE PUBLIC TRUST;
3. USE OF FRAUD, DECEPTION, MISREPRESENTATION OR BRIBERY IN SECURING
ANY LICENSE ISSUED UNDER THIS ARTICLE OR IN OBTAINING PERMISSION TO TAKE
AN EXAMINATION GIVEN OR REQUIRED PURSUANT TO THE PROVISIONS OF THIS
ARTICLE;
4. OBTAINING OR ATTEMPTING TO OBTAIN ANY FEE, CHARGE, TUITION OR OTHER
COMPENSATION BY FRAUD, DECEPTION OR MISREPRESENTATION;
5. INCOMPETENCE, GROSS MISCONDUCT OR FRAUD IN THE PERFORMANCE OF THE
FUNCTIONS OR DUTIES OF A LICENSED BEHAVIORAL HEALTH PRACTITIONER;
6. VIOLATION OF, OR ASSISTING OR ENABLING ANY INDIVIDUAL TO VIOLATE,
ANY PROVISION OF THIS ARTICLE OR ANY RULE OR REGULATION ADOPTED PURSUANT
TO THIS ARTICLE;
7. IMPERSONATION OF ANY PERSON HOLDING A LICENSE OR ALLOWING ANY INDI-
VIDUAL TO USE A LICENSE OR DIPLOMA FROM ANY SCHOOL TO OBTAIN LICENSURE
UNDER THIS ARTICLE;
8. REVOCATION OR SUSPENSION OF A LICENSE OR OTHER AUTHORIZATION TO
PRACTICE BEHAVIORAL HEALTH SERVICES GRANTED BY ANOTHER STATE, TERRITORY,
FEDERAL AGENCY OR COUNTRY UPON GROUNDS FOR WHICH REVOCATION OR SUSPEN-
SION IS AUTHORIZED BY THIS ARTICLE;
9. MENTAL ILLNESS OR PHYSICAL DISABILITY TO AN EXTENT THAT SUBSTAN-
TIALLY PREVENTS THE INDIVIDUAL FROM ENGAGING IN THE PRACTICE OF BEHAV-
IORAL HEALTH SERVICES;
10. ASSISTING OR ENABLING ANY PERSON TO REPRESENT HIMSELF OR HERSELF
TO THE PUBLIC AT LARGE AS A LICENSED BEHAVIORAL HEALTH PRACTITIONER
WITHIN THIS STATE AND WHO IS NOT LICENSED UNDER THE PROVISIONS OF THIS
ARTICLE;
11. ISSUANCE OF A LICENSE PURSUANT TO THIS ARTICLE BASED UPON A
PURPOSEFUL, INTENTIONAL AND MATERIAL MISTAKE OF FACT;
12. VIOLATION OF ANY PROFESSIONAL TRUST OR CONFIDENCE;
13. USE OF ANY ADVERTISEMENT OR SOLICITATION WHICH IS FALSE, MISLEAD-
ING, OR DECEPTIVE TO THE GENERAL PUBLIC OR PERSON TO WHOM THE ADVERTISE-
MENT IS PRIMARILY DIRECTED;
14. FAILING TO RESPOND WITHIN THIRTY DAYS TO A WRITTEN COMMUNICATION
FROM THE BOARD CONCERNING ANY INVESTIGATION BY THE BOARD, OR FAILING TO
MAKE AVAILABLE ANY RELEVANT RECORDS WITH RESPECT TO ANY INVESTIGATION
ABOUT ANY LICENSEE'S CONDUCT OR BACKGROUND UPON KNOWLEDGE OF SUCH INVES-
TIGATION.
NO LICENSE MAY BE DENIED, SUSPENDED, OR REVOKED UNDER ANY PROVISION OF
THIS SECTION WITHOUT PRIOR NOTICE AND OPPORTUNITY FOR A HEARING, EXCEPT
THAT THE BOARD MAY, WITHOUT PRIOR NOTICE OR HEARING, SUSPEND FOR UP TO
ONE YEAR THE LICENSE OF ANY PERSON CONVICTED OF A CRIME AS SET FORTH IN
SUBDIVISION TWO OF THIS SECTION. THE BURDEN OF PROOF SHALL BE ON THE
BOARD IN ANY PROCEEDING TO DENY, SUSPEND OR REVOKE A LICENSE. NO LICENSE
MAY BE DENIED, SUSPENDED, OR REVOKED UNDER ANY PROVISION OF THIS SECTION
WITHOUT PRIOR NOTICE AND OPPORTUNITY FOR A HEARING, EXCEPT BY MAJORITY
VOTE OF THE BOARD. NO BOARD MEMBER SHALL BE LIABLE IN A CIVIL ACTION FOR
ANY ACT PERFORMED IN GOOD FAITH AND IN THE EXECUTION OF HIS OR HER
DUTIES UNDER THIS ARTICLE.
ANY PERSON MAY FILE A COMPLAINT WITH THE BOARD SEEKING DENIAL, SUSPEN-
SION, OR REVOCATION OF A LICENSE ISSUED BY THE BOARD. SUCH A COMPLAINT
SHALL BE IN A FORM PRESCRIBED BY THE BOARD AND SHALL BE VERIFIED UNDER
OATH BY THE COMPLAINANT. IF THE BOARD DETERMINES THAT A COMPLAINT
ALLEGES FACTS, WHICH, IF TRUE, WOULD REQUIRE DENIAL, REVOCATION, OR
SUSPENSION OF A LICENSE, IT SHALL PROMPTLY INITIATE A HEARING. WHENEVER
A. 3263 7
THE BOARD IS OF THE OPINION THAT A COMPLAINT DOES NOT ALLEGE FACTS WHICH
WARRANT A HEARING, THE COMPLAINT MAY BE DISMISSED BY THE BOARD.
S 8811. PRIVILEGED COMMUNICATION. ANY COMMUNICATION MADE BY ANY PERSON
OR PERSONS TO A LICENSED BEHAVIORAL HEALTH PRACTITIONER IN THE COURSE OF
RECEIVING PROFESSIONAL SERVICES RENDERED BY SUCH LICENSED PRACTITIONER
SHALL BE DEEMED A PRIVILEGED COMMUNICATION. NO PERSON LICENSED UNDER
THIS ARTICLE, OR SUCH PERSON'S AGENT, MAY VOLUNTARILY DISCLOSE, OR BE
COMPELLED TO DISCLOSE, SUCH PRIVILEGED COMMUNICATION WITH THE FOLLOWING
SPECIFIED EXCEPTIONS:
1. WHEN THERE IS A CLEAR AND IMMEDIATE PROBABILITY OF PHYSICAL HARM TO
THE CLIENT, TO OTHER INDIVIDUALS, OR TO SOCIETY AND THE LICENSED BEHAV-
IORAL HEALTH PRACTITIONER COMMUNICATES SUCH PRIVILEGED INFORMATION ONLY
TO THE POTENTIAL VICTIM, APPROPRIATE FAMILY MEMBERS OF THE POTENTIAL
VICTIM, OR LAW ENFORCEMENT OR OTHER APPROPRIATE AUTHORITIES;
2. WITH THE WRITTEN CONSENT OF A CLIENT, OR IN THE CASE OF DEATH,
LEGAL INCOMPETENCE, OR A MINOR, OF HIS OR HER PARENT, A LEGAL GUARDIAN
OR CONSERVATOR OR OTHER PERSON AUTHORIZED BY THE COURTS;
3. WHEN THE CLIENT WAIVES SUCH PRIVILEGE BY BRINGING SUIT AGAINST THE
LICENSED BEHAVIORAL HEALTH PRACTITIONER;
4. WHEN THE LICENSED BEHAVIORAL HEALTH PRACTITIONER IS RENDERING
PROFESSIONAL COUNSELING SERVICES IN A COURT-APPOINTED CAPACITY;
5. WHEN THE CLIENT INTRODUCES MENTAL CONDITION AS A CLAIM OR DEFENSE
IN ANY CIVIL OR CRIMINAL ACTION; OR
6. WHEN TESTIFYING IN COURT HEARINGS OR MATTERS PERTAINING TO THE
WELFARE OF CHILDREN, INCLUDING CHILD ABUSE, CHILD NEGLECT AND ADOPTION.
S 8812. UNLAWFUL PRACTICE. IT SHALL BE UNLAWFUL FOR ANY PERSON, OTHER
THAN PERSONS DESCRIBED IN THIS ARTICLE TO ENGAGE IN THE FOLLOWING ACTS:
1. ENGAGE IN THE PRACTICE OF BEHAVIORAL HEALTH SERVICES, OR TO ADVER-
TISE OR OTHERWISE OFFER TO PERFORM SUCH SERVICES, WITHOUT HOLDING A
VALID LICENSE AS REQUIRED BY THIS ARTICLE;
2. REPRESENT THEMSELVES BY THE TITLE "LICENSED BEHAVIORAL HEALTH PRAC-
TITIONER" OR THE LETTERS "LBHP" WITHOUT BEING DULY LICENSED ACCORDING TO
THE PROVISIONS OF THIS ARTICLE;
3. MAKE USE OF ANY TITLE, WORDS, LETTERS, OR ABBREVIATIONS WHICH MAY
REASONABLY BE CONFUSED WITH A DESIGNATION PROVIDED BY THIS ARTICLE TO
DENOTE A STANDARD OF PROFESSIONAL OR OCCUPATIONAL COMPETENCE, WITHOUT
BEING DULY LICENSED.
ANY PERSON WHO WILLFULLY ENGAGES IN ANY UNLAWFUL ACT ENUMERATED IN
THIS SECTION SHALL BE GUILTY OF A MISDEMEANOR AND UPON CONVICTION THERE-
OF SHALL BE PUNISHED BY A FINE FOR EACH OFFENSE, AND IN ADDITION MAY BE
IMPRISONED. THE THIRD OR ANY SUBSEQUENT CONVICTION FOR VIOLATION OF THIS
SECTION DURING A THIRTY-SIX MONTH PERIOD SHALL CONSTITUTE A FELONY. ALL
CLIENT FEES RECEIVED FOR PROFESSIONAL SERVICES RENDERED UNDER THESE
UNLAWFUL CONDITIONS OF PROFESSIONAL SERVICE SHALL BE REFUNDED TO THE
CLIENT BY THE GUILTY PARTY.
S 8813. SPECIAL PROVISIONS. 1. THE COMMISSIONER SHALL ESTABLISH BY
RULES AND REGULATIONS ALL FEES AUTHORIZED PURSUANT TO THIS ARTICLE.
SUCH FEES SHALL BE SET IN AMOUNTS SUFFICIENT TO MEET THE EXPENSES OF
ADMINISTERING THE PROVISIONS OF THIS ARTICLE.
2. THE DEPARTMENT SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY
TO ESTABLISH PROFESSIONAL STANDARDS OF BEHAVIORAL HEALTH PRACTITIONERS
AND ANY OTHER RULES AND REGULATIONS NECESSARY TO ADMINISTER THE
PROVISIONS OF THIS ARTICLE.
S 8814. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF,
SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
A. 3263 8
SUCH JUDGEMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OF
ANY OTHER SECTION OR PART OF THIS ARTICLE.
S 2. This act shall take effect January 1, 2010. Effective immediate-
ly, the commissioner of the department of education is authorized to
promulgate any rules and regulations required by this act and take any
other measures necessary to implement this act on or before such effec-
tive date.