Senate Bill S6184

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

                                  6184

                            I N  S E N A T E

                            January 11, 2012
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

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

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

  Section 1. The education law is amended by adding a new article 152 to
read as follows:
                               ARTICLE 152
                        REHABILITATION COUNSELING
SECTION 7550. INTRODUCTION.
        7551. DEFINITION OF THE PRACTICE OF "REHABILITATION COUNSELING".
        7552. PRACTICE  OF  REHABILITATION  COUNSELING  AND  USE  OF THE
                TITLES "REHABILITATION COUNSELOR" AND "LICENSED REHABIL-
                ITATION COUNSELOR".
        7553. STATE BOARD FOR REHABILITATION COUNSELING.
        7554. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
        7555. LIMITED PERMITS.
        7556. EXEMPT PERSONS.
        7557. SPECIAL PROVISIONS.
        7558. SEPARABILITY.
  S 7550. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF  REHA-
BILITATION  COUNSELING.  THE  GENERAL  PROVISIONS  FOR  ALL  PROFESSIONS
CONTAINED IN ARTICLE ONE HUNDRED THIRTY OF THIS  TITLE  SHALL  APPLY  TO
THIS ARTICLE.
  S 7551. DEFINITION OF THE PRACTICE OF "REHABILITATION COUNSELING". THE
PRACTICE  OF THE PROFESSION OF REHABILITATION COUNSELING IS DEFINED AS A
SYSTEMATIC PROCESS WHICH ASSISTS PERSONS WITH PHYSICAL, MENTAL, DEVELOP-
MENTAL, COGNITIVE, AND EMOTIONAL DISABILITIES TO ACHIEVE THEIR PERSONAL,
CAREER, AND INDEPENDENT LIVING GOALS  IN  THE  MOST  INTEGRATED  SETTING
POSSIBLE  THROUGH  THE  APPLICATION OF THE COUNSELING PROCESS. THE COUN-
SELING PROCESS INVOLVES  COMMUNICATION,  GOAL  SETTING,  AND  BENEFICIAL
GROWTH  OR  CHANGE  THROUGH  SELF-ADVOCACY,  PSYCHOLOGICAL,  VOCATIONAL,
SOCIAL, AND BEHAVIORAL INTERVENTIONS. THE SPECIFIC TECHNIQUES AND MODAL-

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

                                                           LBD00393-06-2

S. 6184                             2

ITIES  UTILIZED  WITHIN  THIS  REHABILITATION  COUNSELING  PROCESS   MAY
INCLUDE, BUT ARE NOT LIMITED TO:
  1. ASSESSMENT AND APPRAISAL;
  2. DIAGNOSIS AND TREATMENT PLANNING;
  3. CAREER (VOCATIONAL) COUNSELING;
  4.  INDIVIDUAL AND GROUP COUNSELING TREATMENT INTERVENTIONS FOCUSED ON
FACILITATING ADJUSTMENTS TO THE MEDICAL AND PSYCHOSOCIAL IMPACT OF DISA-
BILITY;
  5. CASE MANAGEMENT, REFERRAL, AND SERVICE COORDINATION;
  6. PROGRAM EVALUATION AND RESEARCH;
  7. INTERVENTIONS TO REMOVE ENVIRONMENTAL, EMPLOYMENT, AND  ATTITUDINAL
BARRIERS;
  8.   CONSULTATION  SERVICES  AMONG  MULTIPLE  PARTIES  AND  REGULATORY
SYSTEMS;
  9. JOB ANALYSIS, JOB DEVELOPMENT, AND  PLACEMENT  SERVICES,  INCLUDING
ASSISTANCE WITH EMPLOYMENT AND JOB ACCOMMODATIONS;
  10.  THE  PROVISION OF CONSULTATION ABOUT AND ACCESS TO REHABILITATION
TECHNOLOGY.
  S 7552. PRACTICE OF REHABILITATION COUNSELING AND USE  OF  THE  TITLES
"REHABILITATION COUNSELOR" AND "LICENSED REHABILITATION COUNSELOR". ONLY
A PERSON LICENSED  OR EXEMPT UNDER THIS ARTICLE SHALL PRACTICE REHABILI-
TATION  COUNSELING  OR USE THE TITLE "REHABILITATION COUNSELOR".  ONLY A
PERSON LICENSED UNDER THIS ARTICLE SHALL USE THE TITLE  "LICENSED  REHA-
BILITATION COUNSELOR" OR ANY OTHER DESIGNATION TENDING TO IMPLY THAT THE
PERSON IS LICENSED TO PRACTICE REHABILITATION COUNSELING.
  S  7553.  STATE  BOARD FOR REHABILITATION COUNSELING. 1. A STATE BOARD
FOR REHABILITATION COUNSELING SHALL BE APPOINTED BY THE BOARD OF REGENTS
ON RECOMMENDATION OF THE COMMISSIONER FOR THE PURPOSE OF  ASSISTING  THE
BOARD  OF  REGENTS  AND THE DEPARTMENT ON MATTERS OF LICENSING AND REGU-
LATION.  THE BOARD SHALL BE COMPOSED OF AT  LEAST  THREE  REHABILITATION
COUNSELORS  LICENSED  PURSUANT  TO  THIS ARTICLE AND AT LEAST ONE PUBLIC
REPRESENTATIVE WHO DOES NOT HOLD INTERESTS IN THE ORGANIZATION,  FINANC-
ING,  OR  DELIVERY OF REHABILITATION COUNSELING SERVICES. MEMBERS OF THE
FIRST BOARD NEED NOT BE LICENSED  PRIOR  TO  THEIR  APPOINTMENT  TO  THE
BOARD.  AN  EXECUTIVE  SECRETARY  TO THE BOARD SHALL BE APPOINTED BY THE
BOARD OF REGENTS ON RECOMMENDATION OF THE COMMISSIONER.
  2. THE TERMS OF OFFICE OF THE MEMBERS  OF  THE  BOARD  SHALL  BE  FIVE
YEARS; PROVIDED, HOWEVER, THAT OF THE MEMBERS FIRST APPOINTED, ONE SHALL
BE APPOINTED FOR THREE YEARS, ONE SHALL BE APPOINTED FOR FOUR YEARS, AND
TWO SHALL BE APPOINTED FOR FIVE YEARS. ANY VACANCY ON THE BOARD SHALL BE
FILLED BY APPOINTMENT FOR THE REMAINDER OF SUCH MEMBER'S TERM IN ACCORD-
ANCE WITH THE PROVISIONS OF THIS SECTION.
  S  7554.  REQUIREMENTS  FOR  A  PROFESSIONAL LICENSE. TO QUALIFY FOR A
LICENSE AS A "LICENSED REHABILITATION  COUNSELOR",  AN  APPLICANT  SHALL
FULFILL THE FOLLOWING REQUIREMENTS:
  1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  2.  EXAMINATION:  PASS  THE EXAMINATION OF THE COMMISSION ON REHABILI-
TATION COUNSELING CERTIFICATION (CRCC; BE CERTIFIED BY THAT  BODY  AS  A
CERTIFIED REHABILITATION COUNSELOR (CRC).
  3. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  4.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
  5. FEES: PAY A FEE OF TWO HUNDRED FIFTY DOLLARS TO THE DEPARTMENT  FOR
ADMISSION  TO  LICENSURE  AND  FOR  AN INITIAL LICENSE; AND A FEE OF ONE
HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.

S. 6184                             3

  S 7555. LIMITED PERMITS. THE  FOLLOWING  REQUIREMENTS  FOR  A  LIMITED
PERMIT SHALL APPLY TO THE PROFESSION LICENSED PURSUANT TO THIS ARTICLE:
  1.  THE  DEPARTMENT  MAY  ISSUE A LIMITED PERMIT TO AN APPLICANT WHOSE
QUALIFICATIONS HAVE BEEN APPROVED FOR ADMISSION TO THE CRCC  EXAMINATION
IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
  2.  LIMITED  PERMITS  SHALL BE FOR ONE YEAR AND MAY BE RENEWED, AT THE
DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
  3. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL THEREOF  SHALL
BE SEVENTY DOLLARS.
  S  7556.  EXEMPT  PERSONS. 1.   THIS ARTICLE SHALL NOT BE CONSTRUED TO
AFFECT OR PREVENT QUALIFIED PHYSICIANS, NURSES, PHYSICAL OR OCCUPATIONAL
THERAPISTS, PSYCHOLOGISTS, COUNSELORS, CREATIVE ARTS THERAPISTS, PSYCHO-
ANALYSTS, SOCIAL WORKERS OR MEMBERS OF THE CLERGY  FROM  PERFORMING  THE
WORK  OF  A  REHABILITATION  COUNSELOR WHERE INCIDENT TO THE PRACTICE OF
THEIR PROFESSIONS, PROVIDED THEY DO  NOT  HOLD  THEMSELVES  OUT  TO  THE
PUBLIC  BY  ANY TITLE AS BEING ENGAGED IN THE PRACTICE OF REHABILITATION
COUNSELING.
  2. THIS ARTICLE SHALL NOT BE CONSTRUED TO AFFECT OR PREVENT A REHABIL-
ITATION COUNSELING STUDENT FROM ENGAGING IN CLINICAL PRACTICE UNDER  THE
SUPERVISION  OF A LICENSED OR CERTIFIED REHABILITATION COUNSELOR AS PART
OF A PROGRAM CONDUCTED IN AN APPROVED AGENCY AFFILIATED WITH AN  ACCRED-
ITED  SCHOOL  OF  REHABILITATION  COUNSELING  WHICH  IS  APPROVED BY THE
DEPARTMENT.
  S 7557. SPECIAL PROVISIONS. 1.   ANY NONEXEMPT PERSON  PRACTICING  THE
PROFESSION  TO  BE  LICENSED  PURSUANT TO THIS ARTICLE SHALL APPLY FOR A
LICENSE FOR PRACTICE OF SUCH PROFESSION WITHIN ONE YEAR OF THE EFFECTIVE
DATE OF SUCH PROFESSION.  IF SUCH PERSON DOES NOT MEET THE  REQUIREMENTS
FOR  A  LICENSE  ESTABLISHED  WITHIN  THIS ARTICLE, THE DEPARTMENT SHALL
LICENSE WITHOUT EXAMINATION IF THE APPLICANT SUBMITS EVIDENCE  SATISFAC-
TORY  TO  THE  DEPARTMENT OF HAVING BEEN ENGAGED IN THE PRACTICE OF SUCH
PROFESSION FOR AT LEAST FIVE OF THE IMMEDIATELY PRECEDING  EIGHT  YEARS.
SUCH EXEMPTION SHALL BE IN EFFECT FOR ONLY ONE YEAR FOLLOWING THE ENACT-
MENT  OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWELVE WHICH ADDED THIS
SECTION.
  2. THE COMMISSIONER SHALL APPROVE ALL FEES AUTHORIZED PURSUANT TO THIS
ARTICLE. SUCH FEES SHALL BE  SET  IN  AMOUNTS  SUFFICIENT  TO  MEET  THE
EXPENSES OF ADMINISTERING THE PROVISIONS OF THIS ARTICLE.
  3. THE DEPARTMENT SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY
TO ESTABLISH PROFESSIONAL STANDARDS OF REHABILITATION COUNSELORS AND ANY
OTHER  RULES  AND  REGULATIONS NECESSARY TO ADMINISTER THE PROVISIONS OF
THIS ARTICLE.
  S 7558. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF,
SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE  INVALID,
SUCH  JUDGMENT  SHALL  NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OF
ANY OTHER SECTION OR PART THEREOF.
  S 2. This act shall take effect on the five  hundred  forty-fifth  day
after  it shall have become a law; provided, however, that any rules and
regulations necessary to implement the provisions of  this  act  on  its
effective  date  are  authorized and directed to be promulgated, amended
and repealed on or before such date.