Senate Bill S4176B

                                BILL NUMBER:S4176

TITLE OF BILL:  An act to amend the education law, in relation to
exempt persons under the profession of psychology

PURPOSE OR GENERAL IDEA OF BILL:  To allow testing technicians to
administer and score standardized objective psychological or
neuropsychological tests.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends Section 7605 of the education law by adding a new
paragraph 10, which would allow testing technicians to administer and
score standardized objective psychological or neuropsychological tests
which involve specific predetermined and manualized procedures.

Section 2. Effective Date

JUSTIFICATION:  Prior to enactment of the psychology scope of practice
law (Chapter 676 of the Laws of 2002), testing technicians routinely
and successfully administered and scored standardized objective
psychological and neuropsychological tests. The legislative intent of
the psychology scope of practice law was to not change the practice of
psychology. In 2003, the State Education Department issued a letter
interpreting the 2002 statute as excluding the use of testing
technicians for administering and scoring neuropsychological tests, on
              

the grounds that test administration and scoring was captured within
the scope of practice of psychology. The proposed legislation would
reverse the negative impact of the 2003 interpretive letter, which
severely limited access to these critically needed services,
particularly for ethnic minority patients and those from low
socioeconomic backgrounds.

The legislation would require that testing technicians have a
Bachelor's degree in psychology or a related field; be trained by a
licensed psychologist in a non-school setting where the ratio of
technician to licensed psychologist does not exceed 3:1; and also
requires that technicians not provide opinions or interpret data.

The practice of employing non-doctoral level technicians for
objective, standardized psychological and neuropsychological testing
had been a standard practice in New York until the promulgation of the
interpretative letter of 2003, is widespread nationally in the
profession, and is supported by all professional organizations
including the American Psychological Association (APA), the
Neuropsychology Division of the APA, the American Academy of Clinical
Neuropsychology, the American Board of Professional Neuropsychology,
the National Academy of Neuropsychology and the International
Neuropsychology Society. Additionally, current Medicare regulations
allow for the use of testing technicians when diagnostic psychological
testing is furnished under the supervision of a physician or clinical
psychologist. This is represented by the CPT code 96119. The Veterans
Administration continues to use testing technicians in
neuropsychological practice throughout the country, including in New
York State. Although psychologists have been restricted from using


testing technicians as a result of the interpretive letter in 2002,
physicians have continued unrestricted use of testing technicians.

This is an important division of labor in a psychologist's practice,
which would allow the licensed psychologist to focus more directly on
aspects of their practice which require the highest degree of
training, clinical judgment and the ability to diagnose and treat
individuals in their practices. Moreover, use of technicians is a cost
efficient means of providing this clinical service which is
particularly important in the midst of healthcare reform.

The time has come to revise New York's laws to more accurately reflect
current and common practices in the field of neuropsychology.

PRIOR LEGISLATIVE HISTORY:  New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  Immediately.

                                BILL NUMBER:S4176A

TITLE OF BILL:  An act to amend the education law, in relation to
exempt persons under the profession of psychology

PURPOSE OR GENERAL IDEA OF BILL:

To allow testing technicians to administer and score standardized
objective psychological or neuropsychological tests.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends Section 7605 of the education law by adding a new
paragraph 10, which would allow testing technicians to administer and
score standardized objective psychological or neuropsychological tests
which involve specific predetermined and manualized procedures.

Section 2. Effective Date

JUSTIFICATION:

Prior to enactment of the psychology scope of practice law (Chapter
676 of the Laws of 2002), testing technicians routinely and
successfully administered and scored standardized objective
psychological and neuropsychological tests. The legislative intent of
the psychology scope of practice law was to not change the practice of
              

psychology. In 2003, the State Education Department issued a letter
interpreting the 2002 statute as excluding the use of testing
technicians for administering and scoring neuropsychological tests, on
the grounds that test administration and scoring was captured within
the scope of practice of psychology. The proposed legislation would
reverse the negative impact of the 2003 interpretive letter, which
severely limited access to these critically needed services,
particularly for ethnic minority patients and those from low
socioeconomic backgrounds.

The legislation would require that testing technicians have a
Bachelor's degree in psychology or a related field; be trained by a
licensed psychologist in a non-school setting where the ratio of
technician to licensed psychologist does not exceed 3:1; and also
requires that technicians not provide opinions or interpret data.

The practice of employing non-doctoral level technicians for
objective, standardized psychological and neuropsychological testing
had been a standard practice in New York until the promulgation of the
interpretative letter of 2003, is widespread nationally in the
profession, and is supported by all professional organizations
including the American Psychological Association (APA), the
Neuropsychology Division of the APA, the American Academy of Clinical
Neuropsychology, the American. Board of Professional Neuropsychology,
the National Academy of Neuropsychology and the International
Neuropsychology Society. Additionally, current Medicare regulations
allow for the use of testing technicians when diagnostic psychological
testing is furnished under the supervision of a physician or clinical
psychologist. This is represented by the CPT code 96119. The Veterans
Administration continues to use testing technicians in
neuropsychological practice throughout the country, including in New


York State. Although psychologists have been restricted from using
testing technicians as a result of the interpretive letter in 2002,
physicians have continued unrestricted use of testing technicians.

This is an important division of labor in a psychologist's practice,
which would allow the licensed psychologist to focus more directly on
aspects of their practice which require the highest degree of
training, clinical judgment and the ability to diagnose and treat
individuals in their practices. Moreover, use of technicians is a cost
efficient means of providing this clinical service which is
particularly important in the midst of healthcare reform.

The time has come to revise New York's laws to more accurately reflect
current and common practices in the field of neuropsychology.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.