senate Bill S2923B

2013-2014 Legislative Session

Provides for licensure of school psychologists

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 04, 2014 print number 2923b
amend and recommit to higher education
Jan 08, 2014 referred to higher education
Nov 22, 2013 print number 2923a
amend and recommit to finance
Jun 05, 2013 reported and committed to finance
Jan 25, 2013 referred to higher education

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S2923 - Bill Details

See Assembly Version of this Bill:
A3570B
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Add Art 166-A §§8720 - 8727, amd §§6507 & 7602, Ed L; amd §413, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5676, A233
2009-2010: A418, S6358A, A418A

S2923 - Bill Texts

view summary

Provides for the licensure of school psychologists; authorizes the use of the title "school psychologist" to licensed or exempt individuals; defines practice as a school psychologist; sets forth requirements for professional licensure (including educational attainment, experience, exam and fee); provides for issuance of limited permits under specified circumstances; identifies exempt persons.

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BILL NUMBER:S2923

TITLE OF BILL: An act to amend the education law and the social
services law, in relation to the practice of school psychology

PURPOSE OR GENERAL IDEA: This act provides for licensure of school
psychologists and defines the educational and experiential qualifica-
tions necessary for licensure and continued practice.

SUMMARY OF PROVISIONS:;

Section one of the bill adds a new Article 167 to the Education Law and
Provides for the following:

§ 8721 authorizes use of the title school psychologist to those individ-
uals licensed under this article or otherwise exempted.

§ 8722 provides a definition of the practice of school psychology.

§ 8723 defines the requirements for professional licensure as a school
psychologist including educational attainment, experiences, examination
requirements, licensure fees ($155.00 for triennial registration and
$115.00 for examination administration) and continuing education
requirements.

§ 8724 provides for the treatment of individuals with serious mental
illness upon a physician's evaluation and consultation.

§ 8725 provides authority for the state Education Department to issue
limited permits to practice as school psychologists under specific
circumstances.

§ 8726 identifies persons exempted from the provisions of this article,
including those involved with state and local agencies as well as
students, residents and interns under certain circumstances.

Section six of the bill provides the effective date.

JUSTIFICATION: School psychologists are trained and educated in the
psychology of learning, motivation and human development in order to
address the many factors influencing the performance of students, These
factors may include school diversity, school climate and
home/school/community collaboration. By addressing the needs of students
through prevention services, assessments and/or counseling, school
psychologists can contribute to the future success of students, it is
important that school psychologists are held to specific standards and
requirements that will ensure competent services for school children and
their families. This bill is necessary to provide schools with a frame-
work in which they can be assured they are employing licensed school
psychologists.

LEGISLATIVE HISTORY: 2011-12: S.5676 Flanagan - Referred to Higher
Education 2009-10: S.5358A Foley - Referred to Higher Education 2007-08:
S.908E Volker - Referred to Higher Education 2005-06: S.6678 Volker -
Referred to Higher Education 2003-04: S.3238 Volker - Referred to Higher
Education 2001-02: S.1235A Volker - Referred to Higher Education

FISCAL IMPLICATIONS: Positive to the state as it will generate license
fees.

EFFECTIVE DATE: This act shall take effect on January 1, 2014 , howev-
er, will not be enforced until 2015.

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

                                  2923

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 25, 2013
                               ___________

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

AN ACT to amend the education  law  and  the  social  services  law,  in
  relation to the practice of school psychology

  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 167 to
read as follows:
                                ARTICLE 167
                            SCHOOL PSYCHOLOGY
SECTION 8720. INTRODUCTION.
        8721. PRACTICE OF SCHOOL PSYCHOLOGY AND USE OF THE TITLE "SCHOOL
                PSYCHOLOGIST".
        8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY.
        8723. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
        8724. BOUNDARIES OF PROFESSIONAL COMPETENCY.
        8725. LIMITED PERMITS.
        8726. EXEMPTIONS.
        8727. SPECIAL PROVISIONS.
  S 8720. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION AND PRAC-
TICE OF SCHOOL  PSYCHOLOGY AND TO THE USE OF THE TITLE "LICENSED  SCHOOL
PSYCHOLOGIST".   THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN
ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
  S 8721. PRACTICE OF SCHOOL PSYCHOLOGY AND USE  OF  THE  TITLE  "SCHOOL
PSYCHOLOGIST".    ONLY  A  PERSON  LICENSED OR EXEMPT UNDER THIS ARTICLE
SHALL PRACTICE SCHOOL PSYCHOLOGY  OR  USE  THE  TITLE  "LICENSED  SCHOOL
PSYCHOLOGIST".
  S  8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY. THE PRACTICE
OF SCHOOL PSYCHOLOGY IS:
  1. THE ASSESSMENT,  INCLUDING  PSYCHO-EDUCATIONAL,  DEVELOPMENTAL  AND
VOCATIONAL    ASSESSMENT, EVALUATION AND INTERPRETATION OF INTELLIGENCE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03598-03-3

S. 2923                             2

COGNITIVE  PROCESSES,  APTITUDES,    INTERESTS,  ACADEMIC   ACHIEVEMENT,
ADJUSTMENT,  PERSONALITY  FACTORS  AND  MOTIVATIONS, OR ANY OTHER ATTRI-
BUTES, IN INDIVIDUALS OR GROUPS, THAT RELATE TO LEARNING,  EDUCATION  OR
ADJUSTMENT NEEDS;
  2.   THE   DEVELOPMENT  AND  IMPLEMENTATION  OF  EDUCATIONALLY-RELATED
PSYCHOTHERAPEUTIC AND BEHAVIORAL APPROACHES TO INCREASE  SCHOOL  ADJUST-
MENT  AND  ACADEMIC  SUCCESS,  COUNSELING  AND  INTERPRETIVE SERVICES TO
REDUCE EDUCATION-RELATED PROBLEMS INCLUDING, BUT NOT LIMITED TO,  VERBAL
INTERACTION,  INTERVIEWING, BEHAVIOR TECHNIQUES, DEVELOPMENTAL AND VOCA-
TIONAL INTERVENTION, ENVIRONMENTAL MANAGEMENT AND GROUP PROCESSES;
  3. CONSULTATION WITH REPRESENTATIVES OF SCHOOLS, AGENCIES  AND  ORGAN-
IZATIONS,  FAMILIES OR INDIVIDUALS, INCLUDING PSYCHO-EDUCATIONAL, DEVEL-
OPMENTAL AND VOCATIONAL   ASSISTANCE  OR  DIRECT  EDUCATIONAL  SERVICES,
RELATED TO LEARNING PROBLEMS AND ADJUSTMENTS TO  THOSE PROBLEMS; AND
  4.  THE  DEVELOPMENT OF PROGRAMMING, INCLUDING DESIGNING, IMPLEMENTING
OR EVALUATING EDUCATIONALLY AND PSYCHOLOGICALLY SOUND LEARNING  ENVIRON-
MENTS AND THE FACILITATION OF PSYCHO-EDUCATIONAL DEVELOPMENT OF INDIVID-
UALS, FAMILIES OR GROUPS.
  S  8723.    REQUIREMENTS  FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A
LICENSE AS A LICENSED SCHOOL PSYCHOLOGIST, AN  APPLICANT  SHALL  FULFILL
THE FOLLOWING REQUIREMENTS:
  1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  2. EDUCATION: COMPLETE A MINIMUM OF SIXTY GRADUATE CREDITS AND FULFILL
THE  REQUIREMENTS  OF A MASTER'S OR DOCTORAL DEGREE IN SCHOOL PSYCHOLOGY
FROM A PROGRAM REGISTERED  BY  THE  DEPARTMENT,  OR  DETERMINED  BY  THE
DEPARTMENT  TO  BE  THE  SUBSTANTIAL  EQUIVALENT  IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATIONS. THE GRADUATE COURSEWORK SHALL  INCLUDE,  BUT
NOT BE LIMITED TO, THE FOLLOWING AREAS:
  (I) BIOLOGICAL, SOCIAL AND CULTURAL BASES OF DEVELOPMENT;
  (II) PSYCHOPATHOLOGY AND EXCEPTIONALITY IN LEARNING AND BEHAVIOR;
  (III)  ASSESSMENT  AND  APPRAISAL  OF  LEARNERS  IN  HOME  AND  SCHOOL
CONTEXTS;
  (IV) CONSULTATION AND COLLABORATION IN FAMILY,  SCHOOL  AND  COMMUNITY
SYSTEMS;
  (V)  EFFECTIVE  INSTRUCTION  AND DEVELOPMENT OF COGNITIVE AND ACADEMIC
SKILLS;
  (VI) PREVENTION AND TREATMENT OF BEHAVIORAL  AND  EMOTIONAL  DISORDERS
AND DEFICITS;
  (VII) SCHOOL ORGANIZATION, CURRICULUM, POLICY AND LAW;
  (VIII) RESEARCH AND PROGRAM EVALUATION;
  (IX) PROFESSION AND ETHICAL PRACTICE OF PSYCHOLOGY IN SCHOOLS; AND
  (X)  COMPLETION  OF  A  TWELVE  HUNDRED  HOUR SUPERVISED INTERNSHIP IN
SCHOOL PSYCHOLOGY, WITH NO LESS THAN SIX HUNDRED HOURS COMPLETED  WITHIN
A SCHOOL SETTING.
  3.  EXPERIENCE:  COMPLETE A MINIMUM OF TWO THOUSAND FOUR HUNDRED HOURS
OF POST-MASTER'S SUPERVISED  EXPERIENCE  RELEVANT  TO  THE  PRACTICE  OF
SCHOOL  PSYCHOLOGY  SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATIONS, SUCH SUPERVISED EXPERIENCE WHICH MAY INCLUDE
ONE THOUSAND TWO HUNDRED HOURS COMPLETED AS PART OF A PROGRAM IN  SCHOOL
PSYCHOLOGY;
  4.  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
MENT; AND

S. 2923                             3

  7.  FEES: PAY A FEE OF TWO HUNDRED FORTY DOLLARS TO THE DEPARTMENT FOR
ADMISSION TO A DEPARTMENT  CONDUCTED  EXAMINATION  AND  FOR  AN  INITIAL
LICENSE;  A FEE OF EIGHTY-FIVE  DOLLARS FOR EACH REEXAMINATION; A FEE OF
ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL  LICENSE FOR PERSONS NOT
REQUIRING  ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND A  FEE OF
ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
  S 8724. BOUNDARIES OF PROFESSIONAL COMPETENCY. 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  SERVICES
FOR  SUCH ILLNESS ON A CONTINUOUS AND SUSTAINED BASIS WITHOUT A  MEDICAL
EVALUATION OF THE ILLNESS BY, AND CONSULTATION WITH, A PHYSICIAN REGARD-
ING SUCH  ILLNESS.  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 AND OBSESSIVE-COMPULSIVE DISORDER.
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT, LIMIT  OR  IMPAIR
CONSULTATION WITH ANY OTHER HEALTH OR MENTAL HEALTH PROFESSIONAL.  NOTH-
ING  HEREIN  CONTAINED SHALL LIMIT, MODIFY, RESTRICT OR OTHERWISE AFFECT
THE DEFINITION OF THE PRACTICE  OF  SCHOOL  PSYCHOLOGY  AS  PROVIDED  IN
SECTION EIGHTY-SEVEN HUNDRED TWENTY-TWO OF THIS ARTICLE.
  2.  ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM
THE PROVISIONS OF THIS ARTICLE SHALL BE PROHIBITED FROM:
  (A) PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER AS A
TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE  OF  HIS  OR
HER PROFESSION; OR
  (B) USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
SERVICE  IN  THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES OF THIS
SUBDIVISION, "INVASIVE PROCEDURE" MEANS ANY  PROCEDURE  IN  WHICH  HUMAN
TISSUE  IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR OTHER
MEANS.  INVASIVE PROCEDURE INCLUDES SURGERY, LASERS, IONIZING RADIATION,
THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY.
  3. NOTHING IN THIS ARTICLE SHALL BE  DEEMED  TO  AUTHORIZE,  GRANT  OR
EXTEND HOSPITAL PRIVILEGES TO INDIVIDUALS LICENSED UNDER THIS ARTICLE.
  S 8725. LIMITED PERMITS.  1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT
TO AN APPLICANT WHOSE QUALIFICATIONS HAVE BEEN APPROVED FOR ADMISSION TO
THE EXAMINATION IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
  2.  LIMITED  PERMITS  SHALL  BE  FOR  ONE  YEAR AND BE RENEWED, AT THE
DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
  3. THE FEE FOR EACH LIMITED PERMIT  AND  FOR  EACH  RENEWAL  SHALL  BE
SEVENTY DOLLARS.
  S  8726.  EXEMPTIONS.  NOTHING  CONTAINED  IN  THIS  ARTICLE  SHALL BE
CONSTRUED TO:
  1. APPLY TO THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF  ANY
TITLE  BY  ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDI-
CINE WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS
TITLE OR BY ANY PERSON REGISTERED TO PERFORM  SERVICES  AS  A  PHYSICIAN
ASSISTANT  WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B
OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRAC-
TICE PSYCHOLOGY WITHIN  THIS  STATE  PURSUANT  TO  ARTICLE  ONE  HUNDRED
FIFTY-THREE OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHOR-
IZED  TO PRACTICE AS A LICENSED CLINICAL SOCIAL WORKER WITHIN THIS STATE
PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FOUR OF  THIS  TITLE,  OR  BY  ANY
PERSON  LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE NURSING AS A REGIS-
TERED PROFESSIONAL NURSE WITHIN THIS STATE  PURSUANT    TO  ARTICLE  ONE

S. 2923                             4

HUNDRED  THIRTY-NINE  OF THIS TITLE, OR BY ANY PERSON LICENSED OR OTHER-
WISE AUTHORIZED TO PRACTICE MENTAL HEALTH COUNSELING, MARRIAGE AND FAMI-
LY THERAPY, CREATIVE  ARTS THERAPY, OR PSYCHOANALYSIS WITHIN  THE  STATE
PURSUANT  TO  ARTICLE  ONE  HUNDRED SIXTY-THREE OF THIS TITLE; PROVIDED,
HOWEVER, THAT NO PHYSICIAN, PHYSICIAN'S  ASSISTANT,  REGISTERED  PROFES-
SIONAL  NURSE,  PSYCHOLOGIST,  LICENSED CLINICAL SOCIAL WORKER, LICENSED
MENTAL  HEALTH  COUNSELOR,  LICENSED  MARRIAGE  AND  FAMILY   THERAPIST,
LICENSED  CREATIVE  ARTS THERAPIST OR LICENSED PSYCHOANALYST MAY USE THE
TITLE UNLESS LICENSED UNDER THIS ARTICLE;
  2. PROHIBIT OR LIMIT ANY INDIVIDUAL WHO IS CREDENTIALED UNDER ANY LAW,
INCLUDING ATTORNEYS, RAPE CRISIS COUNSELORS, CERTIFIED ALCOHOLISM  COUN-
SELORS  AND  CERTIFIED  SUBSTANCE ABUSE COUNSELORS FROM PROVIDING MENTAL
HEALTH SERVICES WITHIN THEIR RESPECTIVE ESTABLISHED AUTHORITIES;
  3. PROHIBIT OR LIMIT THE  PRACTICE OF A PROFESSION  LICENSED  PURSUANT
TO THIS ARTICLE BY A STUDENT, INTERN OR RESIDENT IN, AND AS A PART OF, A
SUPERVISED EDUCATIONAL PROGRAM IN AN INSTITUTION APPROVED BY THE DEPART-
MENT;
  4.  PROHIBIT OR LIMIT THE PROVISION OF PASTORAL COUNSELING SERVICES BY
ANY MEMBER OF THE CLERGY OR CHRISTIAN SCIENCE PRACTITIONER,  WITHIN  THE
CONTEXT OF HIS OR HER MINISTERIAL  CHARGE OR OBLIGATION;
  5.  PROHIBIT OR LIMIT INDIVIDUALS, CHURCHES, SCHOOLS, TEACHERS, ORGAN-
IZATIONS, OR  NOT-FOR-PROFIT  BUSINESSES,  FROM  PROVIDING  INSTRUCTION,
ADVICE, SUPPORT, ENCOURAGEMENT, OR INFORMATION TO INDIVIDUALS, FAMILIES,
AND RELATIONAL GROUPS; OR
  6.  PROHIBIT  OR  LIMIT AN OCCUPATIONAL THERAPIST FROM PERFORMING WORK
CONSISTENT WITH ARTICLE ONE HUNDRED FIFTY-SIX OF THIS TITLE.
  S 8727. SPECIAL PROVISIONS. 1. ANY  NONEXEMPT  PERSON  PRACTICING  THE
PROFESSION  OF  SCHOOL  PSYCHOLOGY  SHALL  APPLY  FOR  A LICENSE OF SUCH
PROFESSION WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
  (A) IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB-
LISHED WITHIN THIS ARTICLE, SUCH PERSON MAY  MEET  ALTERNATIVE  CRITERIA
DETERMINED  BY  THE  DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT OF SUCH
CRITERIA.
  (B) IF SUCH PERSON MEETS THE REQUIREMENTS FOR  A  LICENSE  ESTABLISHED
WITHIN  THIS  ARTICLE, EXCEPT FOR EXAMINATION, AND HAS BEEN CERTIFIED OR
REGISTERED BY A NATIONAL CERTIFYING OR REGISTERING BODY  HAVING  CERTIF-
ICATION  OR  REGISTRATION STANDARDS ACCEPTABLE TO  THE COMMISSIONER, THE
DEPARTMENT SHALL LICENSE WITHOUT EXAMINATION.
  2. NOTWITHSTANDING THE REQUIREMENTS OF  SECTION  EIGHTY-SEVEN  HUNDRED
TWENTY-THREE OF THIS ARTICLE, AND FOR A PERIOD OF TIME NOT TO EXCEED TWO
YEARS  FROM  THE  EFFECTIVE  DATE  OF THIS ARTICLE, AN INDIVIDUAL MAY BE
LICENSED AS A SCHOOL PSYCHOLOGIST PROVIDED SUCH PERSON HAS EITHER:
  (A) MET THE EDUCATIONAL REQUIREMENTS AS DEFINED IN SECTION EIGHTY-SEV-
EN HUNDRED TWENTY-THREE OF THIS ARTICLE AND PERFORMED THE  DUTIES  OF  A
SCHOOL  PSYCHOLOGIST  FOR TWO OF THE PAST FIVE YEARS PRIOR TO THE EFFEC-
TIVE DATE OF THIS ARTICLE; OR
  (B) PERFORMED THE DUTIES OF A SCHOOL PSYCHOLOGIST FOR  AT  LEAST  FIVE
YEARS PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE.
  3. ANY PERSON LICENSED PURSUANT TO THIS ARTICLE MAY USE ACCEPTED CLAS-
SIFICATIONS  OF SIGNS, SYMPTOMS, DYSFUNCTIONS AND DISORDERS, AS APPROVED
IN ACCORDANCE WITH REGULATIONS  PROMULGATED BY THE  DEPARTMENT,  IN  THE
PRACTICE OF SUCH LICENSED PROFESSION.
  S  2.  Paragraph  a  of subdivision 3 of section 6507 of the education
law, as amended by chapter 356 of the laws of 2006, is amended  to  read
as follows:

S. 2923                             5

  a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the
commissioner shall establish standards requiring that all persons apply-
ing,  on or after January first, nineteen hundred ninety-one, initially,
or for the renewal of, a license, registration or limited permit to be a
physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
trist,   psychiatrist,   psychologist,   LICENSED  SCHOOL  PSYCHOLOGIST,
licensed master social worker, licensed clinical social worker, licensed
creative  arts  therapist,  licensed  marriage  and  family   therapist,
licensed  mental  health  counselor,  licensed  psychoanalyst, or dental
hygienist shall, in addition to all the other  licensure,  certification
or permit requirements, have completed two hours of coursework or train-
ing  regarding  the  identification  and  reporting  of  child abuse and
maltreatment. The coursework or  training  shall  be  obtained  from  an
institution  or  provider  which  has been approved by the department to
provide such coursework or training. The coursework  or  training  shall
include  information regarding the physical and behavioral indicators of
child abuse and maltreatment and the  statutory  reporting  requirements
set out in sections four hundred thirteen through four hundred twenty of
the  social  services  law, including but not limited to, when and how a
report must be made, what other actions  the  reporter  is  mandated  or
authorized  to  take,  the legal protections afforded reporters, and the
consequences for failing to report. Such coursework or training may also
include information regarding the physical and behavioral indicators  of
the abuse of individuals with mental retardation and other developmental
disabilities  and  voluntary  reporting of abused or neglected adults to
the office of mental retardation and developmental disabilities  or  the
local  adult  protective services unit. Each applicant shall provide the
department with documentation showing that he or she has  completed  the
required  training.  The  department shall provide an exemption from the
child abuse and maltreatment training requirements to any applicant  who
requests  such an exemption and who shows, to the department's satisfac-
tion, that there would be no need because of the nature of  his  or  her
practice for him or her to complete such training;
  S  3.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
services law, as amended by section 3 of part D of chapter  501  of  the
laws of 2012, is amended to read as follows:
  (a)  The  following  persons  and  officials are required to report or
cause a report to be made in accordance with this title when  they  have
reasonable  cause  to  suspect  that a child coming before them in their
professional or official capacity is an abused or maltreated  child,  or
when  they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or  other  person
legally  responsible  for  such child comes before them in their profes-
sional or official capacity and states from  personal  knowledge  facts,
conditions or circumstances which, if correct, would render the child an
abused  or maltreated child: any physician; registered physician assist-
ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
psychologist; SCHOOL  PSYCHOLOGIST;  registered  nurse;  social  worker;
emergency medical technician; licensed creative arts therapist; licensed
marriage   and  family  therapist;  licensed  mental  health  counselor;
licensed psychoanalyst; hospital personnel  engaged  in  the  admission,
examination,  care  or treatment of persons; a Christian Science practi-
tioner; school official, which includes but is  not  limited  to  school

S. 2923                             6

teacher,  school  guidance counselor, school psychologist, school social
worker, school nurse, school administrator  or  other  school  personnel
required  to  hold  a teaching or administrative license or certificate;
social  services worker; director of a children's overnight camp, summer
day camp or traveling summer day camp, as  such  camps  are  defined  in
section  thirteen  hundred ninety-two of the public health law; day care
center worker; school-age child care worker; provider of family or group
family day care; or any other child care or foster care  worker;  mental
health  professional;  substance  abuse counselor; alcoholism counselor;
all persons credentialed by the office of alcoholism and substance abuse
services; peace officer; police officer; district attorney or  assistant
district  attorney;  investigator  employed  in the office of a district
attorney; or other law enforcement official.
  S 4. Section 7602 of the education law, as added by chapter 987 of the
laws of 1971, is amended to read as follows:
  S 7602. State board for psychology.   A  state  board  for  psychology
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 professional licensing and professional conduct
in  accordance with section sixty-five hundred eight of this title.  The
board shall be composed of not less than eleven [psychologists  licensed
in  this  state]  MEMBERS,  A  NUMBER  OF  WHOM SHALL BE LICENSED SCHOOL
PSYCHOLOGISTS SUFFICIENT TO ASSURE  MEANINGFUL  PARTICIPATION  IN  BOARD
ACTIVITIES.    An executive secretary to the board shall be appointed by
the board of regents upon the recommendation  of  the  commissioner  and
shall be a psychologist, licensed in this state.
  S 5. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid, the judgment shall not affect,  impair,  or  invalidate  the
remainder thereof, but shall be confined in its operation to the clause,
sentence,  paragraph,  section  or part thereof directly involved in the
controversy in which the judgment shall have been rendered.
  S 6. This act shall take effect January 1,  2014;  provided,  however,
that if section 3 of part D of chapter 501 of the laws of 2012 is not in
effect on such effective date, then the amendments made to paragraph (a)
of  subdivision  1  of section 413 of the social services law by section
three of this act shall take effect on the same date and same manner  as
section  3  of  part  D  of chapter 501 of the laws of 2012, as amended,
takes effect; provided that the department of education is authorized to
promulgate any and all rules and regulations and take any other  measure
necessary to implement this act on or before its effective date, includ-
ing, but not limited to, the appointment of the state board for psychol-
ogy, the acceptance and processing of applications for licensure and the
issuance  of  licenses;  provided further that the provisions of article
167 of the education law, as added by section one of this act, requiring
a license or limited permit to practice under such article shall not  be
enforced until January 1, 2015.

Co-Sponsors

S2923A - Bill Details

See Assembly Version of this Bill:
A3570B
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Add Art 166-A §§8720 - 8727, amd §§6507 & 7602, Ed L; amd §413, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5676, A233
2009-2010: A418, S6358A, A418A

S2923A - Bill Texts

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Provides for the licensure of school psychologists; authorizes the use of the title "school psychologist" to licensed or exempt individuals; defines practice as a school psychologist; sets forth requirements for professional licensure (including educational attainment, experience, exam and fee); provides for issuance of limited permits under specified circumstances; identifies exempt persons.

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BILL NUMBER:S2923A

TITLE OF BILL: An act to amend the education law and the social
services law, in relation to the practice of school psychology

PURPOSE OR GENERAL IDEA:

This act provides for licensure of school psychologists and defines
the educational and experiential qualifications necessary for
licensure and continued practice.

SUMMARY OF PROVISIONS:

Section one of the bill adds a new Article 167 to the Education Law
and provides for the following:

§ 8721 authorizes use of the title school psychologist to those
individuals licensed under this article or otherwise exempted.

§ 8722 provides a definition of the practice of school psychology.

§ 8723 defines the requirements for professional licensure as a school
psychologist including educational attainment, experiences,
examination requirements, licensure fees ($155.00 for triennial
registration and $115.00 for examination administration) and
continuing education requirements.

§ 8724 provides for the treatment of individuals with serious mental
illness upon a physician's evaluation and consultation.

§ 8725 provides authority for the state Education Department to issue
limited permits to practice as school psychologists under specific
circumstances.

§ 8726 identifies persons exempted from the provisions of this
article, including those involved with state and local agencies as
well as students, residents and interns under certain circumstances.

Section six of the bill provides the effective date.

JUSTIFICATION:

School psychologists are trained and educated in the psychology of
learning, motivation and human development in order to address the
many factors influencing the performance of students, These factors
may include school diversity, school climate and home/school/community
collaboration. By addressing the needs of students through prevention
services, assessments and/or counseling, school psychologists can
contribute to the future success of students, it is important that
school psychologists are held to specific standards and requirements
that will ensure competent services for school children and their
families,. This bill is necessary to provide schools with a framework
in which they can be assured they are employing licensed school
psychologists.

LEGISLATIVE HISTORY:


2013: Senate/Assembly: Referred to Higher Education
2011-12: S.5676 Flanagan - Referred to Higher Education
2009-10: S.5358A Foley - Referred to Higher Education
2007-08: S.908E Volker - Referred to Higher Education
2005-06: S.6678 Volker Referred to Higher Education
2003-04: S.3238 Volker - Referred to Higher Education
2001-02: S.1235A Volker - Referred to Higher Education

FISCAL IMPLICATIONS:

Positive to the state as it will generate license fees.

EFFECTIVE DATE:

This act shall take effect on January 1, 2015, however, will not be
enforced until 2016.

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

                                 2923--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 25, 2013
                               ___________

Introduced by Sens. FLANAGAN, LATIMER -- read twice and ordered printed,
  and  when printed to be committed to the Committee on Higher Education
  -- reported favorably from said committee and committed to the Commit-
  tee  on  Finance  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  education  law  and the social services law, in
  relation to the practice of school psychology

  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 167 to
read as follows:
                                ARTICLE 167
                            SCHOOL PSYCHOLOGY
SECTION 8720. INTRODUCTION.
        8721. PRACTICE OF SCHOOL PSYCHOLOGY AND USE OF THE TITLE "SCHOOL
                PSYCHOLOGIST".
        8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY.
        8723. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
        8724. BOUNDARIES OF PROFESSIONAL COMPETENCY.
        8725. LIMITED PERMITS.
        8726. EXEMPTIONS.
        8727. SPECIAL PROVISIONS.
  S 8720. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION AND PRAC-
TICE  OF SCHOOL  PSYCHOLOGY AND TO THE USE OF THE TITLE "LICENSED SCHOOL
PSYCHOLOGIST".  THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED  IN
ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
  S  8721.  PRACTICE  OF  SCHOOL PSYCHOLOGY AND USE OF THE TITLE "SCHOOL
PSYCHOLOGIST".   ONLY A PERSON LICENSED OR  EXEMPT  UNDER  THIS  ARTICLE
SHALL  PRACTICE  SCHOOL  PSYCHOLOGY  OR  USE  THE TITLE "LICENSED SCHOOL
PSYCHOLOGIST".

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03598-04-3

S. 2923--A                          2

  S 8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY. THE  PRACTICE
OF SCHOOL PSYCHOLOGY IS:
  1.  THE  ASSESSMENT,  INCLUDING  PSYCHO-EDUCATIONAL, DEVELOPMENTAL AND
VOCATIONAL  ASSESSMENT, EVALUATION AND INTERPRETATION  OF  INTELLIGENCE,
COGNITIVE   PROCESSES,  APTITUDES,    INTERESTS,  ACADEMIC  ACHIEVEMENT,
ADJUSTMENT, PERSONALITY FACTORS AND MOTIVATIONS,  OR  ANY  OTHER  ATTRI-
BUTES,  IN  INDIVIDUALS OR GROUPS, THAT RELATE TO LEARNING, EDUCATION OR
ADJUSTMENT NEEDS;
  2.  THE  DEVELOPMENT  AND  IMPLEMENTATION   OF   EDUCATIONALLY-RELATED
PSYCHOTHERAPEUTIC  AND  BEHAVIORAL APPROACHES TO INCREASE SCHOOL ADJUST-
MENT AND ACADEMIC  SUCCESS,  COUNSELING  AND  INTERPRETIVE  SERVICES  TO
REDUCE  EDUCATION-RELATED PROBLEMS INCLUDING, BUT NOT LIMITED TO, VERBAL
INTERACTION, INTERVIEWING, BEHAVIOR TECHNIQUES, DEVELOPMENTAL AND  VOCA-
TIONAL INTERVENTION, ENVIRONMENTAL MANAGEMENT AND GROUP PROCESSES;
  3.  CONSULTATION  WITH REPRESENTATIVES OF SCHOOLS, AGENCIES AND ORGAN-
IZATIONS, FAMILIES OR INDIVIDUALS, INCLUDING PSYCHO-EDUCATIONAL,  DEVEL-
OPMENTAL  AND  VOCATIONAL    ASSISTANCE  OR DIRECT EDUCATIONAL SERVICES,
RELATED TO LEARNING PROBLEMS AND ADJUSTMENTS TO  THOSE PROBLEMS; AND
  4. THE DEVELOPMENT OF PROGRAMMING, INCLUDING  DESIGNING,  IMPLEMENTING
OR  EVALUATING EDUCATIONALLY AND PSYCHOLOGICALLY SOUND LEARNING ENVIRON-
MENTS AND THE FACILITATION OF PSYCHO-EDUCATIONAL DEVELOPMENT OF INDIVID-
UALS, FAMILIES OR GROUPS.
  S 8723.  REQUIREMENTS FOR A PROFESSIONAL LICENSE.  TO  QUALIFY  FOR  A
LICENSE  AS  A  LICENSED SCHOOL PSYCHOLOGIST, AN APPLICANT SHALL FULFILL
THE FOLLOWING REQUIREMENTS:
  1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  2. EDUCATION: COMPLETE A MINIMUM OF SIXTY GRADUATE CREDITS AND FULFILL
THE REQUIREMENTS OF A MASTER'S OR DOCTORAL DEGREE IN  SCHOOL  PSYCHOLOGY
FROM  A  PROGRAM  REGISTERED  BY  THE  DEPARTMENT,  OR DETERMINED BY THE
DEPARTMENT TO BE THE  SUBSTANTIAL  EQUIVALENT  IN  ACCORDANCE  WITH  THE
COMMISSIONER'S  REGULATIONS.  THE GRADUATE COURSEWORK SHALL INCLUDE, BUT
NOT BE LIMITED TO, THE FOLLOWING AREAS:
  (I) BIOLOGICAL, SOCIAL AND CULTURAL BASES OF DEVELOPMENT;
  (II) PSYCHOPATHOLOGY AND EXCEPTIONALITY IN LEARNING AND BEHAVIOR;
  (III)  ASSESSMENT  AND  APPRAISAL  OF  LEARNERS  IN  HOME  AND  SCHOOL
CONTEXTS;
  (IV)  CONSULTATION  AND  COLLABORATION IN FAMILY, SCHOOL AND COMMUNITY
SYSTEMS;
  (V) EFFECTIVE INSTRUCTION AND DEVELOPMENT OF  COGNITIVE  AND  ACADEMIC
SKILLS;
  (VI)  PREVENTION  AND  TREATMENT OF BEHAVIORAL AND EMOTIONAL DISORDERS
AND DEFICITS;
  (VII) SCHOOL ORGANIZATION, CURRICULUM, POLICY AND LAW;
  (VIII) RESEARCH AND PROGRAM EVALUATION;
  (IX) PROFESSION AND ETHICAL PRACTICE OF PSYCHOLOGY IN SCHOOLS; AND
  (X) COMPLETION OF A  TWELVE  HUNDRED  HOUR  SUPERVISED  INTERNSHIP  IN
SCHOOL  PSYCHOLOGY, WITH NO LESS THAN SIX HUNDRED HOURS COMPLETED WITHIN
A SCHOOL SETTING.
  3. EXPERIENCE: COMPLETE A MINIMUM OF TWO THOUSAND FOUR  HUNDRED  HOURS
OF  POST-MASTER'S  SUPERVISED  EXPERIENCE  RELEVANT  TO  THE PRACTICE OF
SCHOOL PSYCHOLOGY SATISFACTORY TO THE BOARD AND IN ACCORDANCE  WITH  THE
COMMISSIONER'S REGULATIONS, SUCH SUPERVISED EXPERIENCE WHICH MAY INCLUDE
ONE  THOUSAND TWO HUNDRED HOURS COMPLETED AS PART OF A PROGRAM IN SCHOOL
PSYCHOLOGY;
  4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD  AND  IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;

S. 2923--A                          3

  5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  6.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
  7. FEES: PAY A FEE OF TWO HUNDRED FORTY DOLLARS TO THE DEPARTMENT  FOR
ADMISSION  TO  A  DEPARTMENT  CONDUCTED  EXAMINATION  AND FOR AN INITIAL
LICENSE; A FEE OF EIGHTY-FIVE  DOLLARS FOR EACH REEXAMINATION; A FEE  OF
ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL  LICENSE FOR PERSONS NOT
REQUIRING  ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND A  FEE OF
ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
  S 8724. BOUNDARIES OF PROFESSIONAL COMPETENCY. 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  SERVICES
FOR  SUCH ILLNESS ON A CONTINUOUS AND SUSTAINED BASIS WITHOUT A  MEDICAL
EVALUATION OF THE ILLNESS BY, AND CONSULTATION WITH, A PHYSICIAN REGARD-
ING SUCH  ILLNESS.  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 AND OBSESSIVE-COMPULSIVE DISORDER.
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT, LIMIT  OR  IMPAIR
CONSULTATION WITH ANY OTHER HEALTH OR MENTAL HEALTH PROFESSIONAL.  NOTH-
ING  HEREIN  CONTAINED SHALL LIMIT, MODIFY, RESTRICT OR OTHERWISE AFFECT
THE DEFINITION OF THE PRACTICE  OF  SCHOOL  PSYCHOLOGY  AS  PROVIDED  IN
SECTION EIGHTY-SEVEN HUNDRED TWENTY-TWO OF THIS ARTICLE.
  2.  ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM
THE PROVISIONS OF THIS ARTICLE SHALL BE PROHIBITED FROM:
  (A) PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER AS A
TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE  OF  HIS  OR
HER PROFESSION; OR
  (B) USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
SERVICE  IN  THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES OF THIS
SUBDIVISION, "INVASIVE PROCEDURE" MEANS ANY  PROCEDURE  IN  WHICH  HUMAN
TISSUE  IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR OTHER
MEANS.  INVASIVE PROCEDURE INCLUDES SURGERY, LASERS, IONIZING RADIATION,
THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY.
  3. NOTHING IN THIS ARTICLE SHALL BE  DEEMED  TO  AUTHORIZE,  GRANT  OR
EXTEND HOSPITAL PRIVILEGES TO INDIVIDUALS LICENSED UNDER THIS ARTICLE.
  S 8725. LIMITED PERMITS.  1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT
TO AN APPLICANT WHOSE QUALIFICATIONS HAVE BEEN APPROVED FOR ADMISSION TO
THE EXAMINATION IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
  2.  LIMITED  PERMITS  SHALL  BE  FOR  ONE  YEAR AND BE RENEWED, AT THE
DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
  3. THE FEE FOR EACH LIMITED PERMIT  AND  FOR  EACH  RENEWAL  SHALL  BE
SEVENTY DOLLARS.
  S  8726.  EXEMPTIONS.  NOTHING  CONTAINED  IN  THIS  ARTICLE  SHALL BE
CONSTRUED TO:
  1. APPLY TO THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF  ANY
TITLE  BY  ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDI-
CINE WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS
TITLE OR BY ANY PERSON REGISTERED TO PERFORM  SERVICES  AS  A  PHYSICIAN
ASSISTANT  WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B
OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRAC-
TICE PSYCHOLOGY WITHIN  THIS  STATE  PURSUANT  TO  ARTICLE  ONE  HUNDRED
FIFTY-THREE OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHOR-
IZED  TO PRACTICE AS A LICENSED CLINICAL SOCIAL WORKER WITHIN THIS STATE

S. 2923--A                          4

PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FOUR OF  THIS  TITLE,  OR  BY  ANY
PERSON  LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE NURSING AS A REGIS-
TERED PROFESSIONAL NURSE WITHIN THIS STATE  PURSUANT    TO  ARTICLE  ONE
HUNDRED  THIRTY-NINE  OF THIS TITLE, OR BY ANY PERSON LICENSED OR OTHER-
WISE AUTHORIZED TO PRACTICE MENTAL HEALTH COUNSELING, MARRIAGE AND FAMI-
LY THERAPY, CREATIVE  ARTS THERAPY, OR PSYCHOANALYSIS WITHIN  THE  STATE
PURSUANT  TO  ARTICLE  ONE  HUNDRED SIXTY-THREE OF THIS TITLE; PROVIDED,
HOWEVER, THAT NO PHYSICIAN, PHYSICIAN'S  ASSISTANT,  REGISTERED  PROFES-
SIONAL  NURSE,  PSYCHOLOGIST,  LICENSED CLINICAL SOCIAL WORKER, LICENSED
MENTAL  HEALTH  COUNSELOR,  LICENSED  MARRIAGE  AND  FAMILY   THERAPIST,
LICENSED  CREATIVE  ARTS THERAPIST OR LICENSED PSYCHOANALYST MAY USE THE
TITLE UNLESS LICENSED UNDER THIS ARTICLE;
  2. PROHIBIT OR LIMIT ANY INDIVIDUAL WHO IS CREDENTIALED UNDER ANY LAW,
INCLUDING ATTORNEYS, RAPE CRISIS COUNSELORS, CERTIFIED ALCOHOLISM  COUN-
SELORS  AND  CERTIFIED  SUBSTANCE ABUSE COUNSELORS FROM PROVIDING MENTAL
HEALTH SERVICES WITHIN THEIR RESPECTIVE ESTABLISHED AUTHORITIES;
  3. PROHIBIT OR LIMIT THE  PRACTICE OF A PROFESSION  LICENSED  PURSUANT
TO THIS ARTICLE BY A STUDENT, INTERN OR RESIDENT IN, AND AS A PART OF, A
SUPERVISED EDUCATIONAL PROGRAM IN AN INSTITUTION APPROVED BY THE DEPART-
MENT;
  4.  PROHIBIT OR LIMIT THE PROVISION OF PASTORAL COUNSELING SERVICES BY
ANY MEMBER OF THE CLERGY OR CHRISTIAN SCIENCE PRACTITIONER,  WITHIN  THE
CONTEXT OF HIS OR HER MINISTERIAL  CHARGE OR OBLIGATION;
  5.  PROHIBIT OR LIMIT INDIVIDUALS, CHURCHES, SCHOOLS, TEACHERS, ORGAN-
IZATIONS, OR  NOT-FOR-PROFIT  BUSINESSES,  FROM  PROVIDING  INSTRUCTION,
ADVICE, SUPPORT, ENCOURAGEMENT, OR INFORMATION TO INDIVIDUALS, FAMILIES,
AND RELATIONAL GROUPS; OR
  6.  PROHIBIT  OR  LIMIT AN OCCUPATIONAL THERAPIST FROM PERFORMING WORK
CONSISTENT WITH ARTICLE ONE HUNDRED FIFTY-SIX OF THIS TITLE.
  S 8727. SPECIAL PROVISIONS. 1. ANY  NONEXEMPT  PERSON  PRACTICING  THE
PROFESSION  OF  SCHOOL  PSYCHOLOGY  SHALL  APPLY  FOR  A LICENSE OF SUCH
PROFESSION WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
  (A) IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB-
LISHED WITHIN THIS ARTICLE, SUCH PERSON MAY  MEET  ALTERNATIVE  CRITERIA
DETERMINED  BY  THE  DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT OF SUCH
CRITERIA.
  (B) IF SUCH PERSON MEETS THE REQUIREMENTS FOR  A  LICENSE  ESTABLISHED
WITHIN  THIS  ARTICLE, EXCEPT FOR EXAMINATION, AND HAS BEEN CERTIFIED OR
REGISTERED BY A NATIONAL CERTIFYING OR REGISTERING BODY  HAVING  CERTIF-
ICATION  OR  REGISTRATION STANDARDS ACCEPTABLE TO  THE COMMISSIONER, THE
DEPARTMENT SHALL LICENSE WITHOUT EXAMINATION.
  2. NOTWITHSTANDING THE REQUIREMENTS OF  SECTION  EIGHTY-SEVEN  HUNDRED
TWENTY-THREE OF THIS ARTICLE, AND FOR A PERIOD OF TIME NOT TO EXCEED TWO
YEARS  FROM  THE  EFFECTIVE  DATE  OF THIS ARTICLE, AN INDIVIDUAL MAY BE
LICENSED AS A SCHOOL PSYCHOLOGIST PROVIDED SUCH PERSON HAS EITHER:
  (A) MET THE EDUCATIONAL REQUIREMENTS AS DEFINED IN SECTION EIGHTY-SEV-
EN HUNDRED TWENTY-THREE OF THIS ARTICLE AND PERFORMED THE  DUTIES  OF  A
SCHOOL  PSYCHOLOGIST  FOR TWO OF THE PAST FIVE YEARS PRIOR TO THE EFFEC-
TIVE DATE OF THIS ARTICLE; OR
  (B) PERFORMED THE DUTIES OF A SCHOOL PSYCHOLOGIST FOR  AT  LEAST  FIVE
YEARS PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE.
  3. ANY PERSON LICENSED PURSUANT TO THIS ARTICLE MAY USE ACCEPTED CODES
AND  CLASSIFICATIONS  OF SIGNS, SYMPTOMS, DYSFUNCTIONS AND DISORDERS, AS
APPROVED IN ACCORDANCE WITH REGULATIONS  PROMULGATED BY THE  DEPARTMENT,
IN THE PRACTICE OF SUCH LICENSED PROFESSION.

S. 2923--A                          5

  S  2.  Paragraph  a  of subdivision 3 of section 6507 of the education
law, as amended by chapter 356 of the laws of 2006, is amended  to  read
as follows:
  a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the
commissioner shall establish standards requiring that all persons apply-
ing,  on or after January first, nineteen hundred ninety-one, initially,
or for the renewal of, a license, registration or limited permit to be a
physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
trist,   psychiatrist,   psychologist,   LICENSED  SCHOOL  PSYCHOLOGIST,
licensed master social worker, licensed clinical social worker, licensed
creative  arts  therapist,  licensed  marriage  and  family   therapist,
licensed  mental  health  counselor,  licensed  psychoanalyst, or dental
hygienist shall, in addition to all the other  licensure,  certification
or permit requirements, have completed two hours of coursework or train-
ing  regarding  the  identification  and  reporting  of  child abuse and
maltreatment. The coursework or  training  shall  be  obtained  from  an
institution  or  provider  which  has been approved by the department to
provide such coursework or training. The coursework  or  training  shall
include  information regarding the physical and behavioral indicators of
child abuse and maltreatment and the  statutory  reporting  requirements
set out in sections four hundred thirteen through four hundred twenty of
the  social  services  law, including but not limited to, when and how a
report must be made, what other actions  the  reporter  is  mandated  or
authorized  to  take,  the legal protections afforded reporters, and the
consequences for failing to report. Such coursework or training may also
include information regarding the physical and behavioral indicators  of
the abuse of individuals with mental retardation and other developmental
disabilities  and  voluntary  reporting of abused or neglected adults to
the office of mental retardation and developmental disabilities  or  the
local  adult  protective services unit. Each applicant shall provide the
department with documentation showing that he or she has  completed  the
required  training.  The  department shall provide an exemption from the
child abuse and maltreatment training requirements to any applicant  who
requests  such an exemption and who shows, to the department's satisfac-
tion, that there would be no need because of the nature of  his  or  her
practice for him or her to complete such training;
  S  3.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
services law, as amended by section 3 of part D of chapter  501  of  the
laws of 2012, is amended to read as follows:
  (a)  The  following  persons  and  officials are required to report or
cause a report to be made in accordance with this title when  they  have
reasonable  cause  to  suspect  that a child coming before them in their
professional or official capacity is an abused or maltreated  child,  or
when  they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or  other  person
legally  responsible  for  such child comes before them in their profes-
sional or official capacity and states from  personal  knowledge  facts,
conditions or circumstances which, if correct, would render the child an
abused  or maltreated child: any physician; registered physician assist-
ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
psychologist; SCHOOL  PSYCHOLOGIST;  registered  nurse;  social  worker;
emergency medical technician; licensed creative arts therapist; licensed
marriage   and  family  therapist;  licensed  mental  health  counselor;

S. 2923--A                          6

licensed psychoanalyst; hospital personnel  engaged  in  the  admission,
examination,  care  or treatment of persons; a Christian Science practi-
tioner; school official, which includes but is  not  limited  to  school
teacher,  school  guidance counselor, school psychologist, school social
worker, school nurse, school administrator  or  other  school  personnel
required  to  hold  a teaching or administrative license or certificate;
social services worker; director of a children's overnight camp,  summer
day  camp  or  traveling  summer  day camp, as such camps are defined in
section thirteen hundred ninety-two of the public health law;  day  care
center worker; school-age child care worker; provider of family or group
family  day  care; or any other child care or foster care worker; mental
health professional; substance abuse  counselor;  alcoholism  counselor;
all persons credentialed by the office of alcoholism and substance abuse
services;  peace officer; police officer; district attorney or assistant
district attorney; investigator employed in the  office  of  a  district
attorney; or other law enforcement official.
  S 4. Section 7602 of the education law, as added by chapter 987 of the
laws of 1971, is amended to read as follows:
  S 7602. State  board  for  psychology.    A state board for psychology
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 professional licensing and professional conduct
in accordance with section sixty-five hundred eight of this title.   The
board  shall be composed of not less than eleven [psychologists licensed
in this state] MEMBERS, A  NUMBER  OF  WHOM  SHALL  BE  LICENSED  SCHOOL
PSYCHOLOGISTS  SUFFICIENT  TO  ASSURE  MEANINGFUL PARTICIPATION IN BOARD
ACTIVITIES.  An executive secretary to the board shall be  appointed  by
the  board  of  regents  upon the recommendation of the commissioner and
shall be a psychologist, licensed in this state.
  S 5. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction  to
be  invalid,  the  judgment  shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly  involved  in  the
controversy in which the judgment shall have been rendered.
  S  6.  This  act  shall take effect January 1, 2015; provided that the
department of education is authorized to promulgate any  and  all  rules
and  regulations  and take any other measure necessary to implement this
act on or before its effective date, including, but not limited to,  the
appointment  of the state board for psychology, the acceptance and proc-
essing of applications for  licensure  and  the  issuance  of  licenses;
provided  further  that  the  provisions of article 167 of the education
law, as added by section one of this act, requiring a license or limited
permit to practice under such article shall not be enforced until  Janu-
ary 1, 2016.

Co-Sponsors

view additional co-sponsors

S2923B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A3570B
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Add Art 166-A §§8720 - 8727, amd §§6507 & 7602, Ed L; amd §413, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5676, A233
2009-2010: A418, S6358A, A418A

S2923B (ACTIVE) - Bill Texts

view summary

Provides for the licensure of school psychologists; authorizes the use of the title "school psychologist" to licensed or exempt individuals; defines practice as a school psychologist; sets forth requirements for professional licensure (including educational attainment, experience, exam and fee); provides for issuance of limited permits under specified circumstances; identifies exempt persons.

view sponsor memo
BILL NUMBER:S2923B

TITLE OF BILL: An act to amend the education law and the social
services law, in relation to the practice of school psychology

PURPOSE OR GENERAL IDEA: This act provides for licensure of school
psychologists and defines the educational and experiential
qualifications necessary for licensure and continued practice.

SUMMARY OF PROVISIONS:

Section one of the bill adds a new Article 166-A to the Education Law
and provides for the following:

§ 8721 authorizes use of the title school psychologist to those
individuals licensed under this article or otherwise exempted.

§ 8722 provides a definition of the practice of school psychology.

§ 8723 defines the requirements for professional licensure as a school
Psychologist.

§ 8724 provides for the boundaries of professional competency and the
penalties for individuals who do so.

§ 8725 provides authority for the state Education Department to issue
limited permits to practice as school psychologists under specific
circumstances.

§ 8726 identifies persons exempted from the provisions of this
article, including those involved with state and local agencies as
well as students, residents and interns under certain circumstances.

Section two amends paragraph a of subdivision 3 of section 6507 of the
education law, as amended by chapter 554 of the laws of 2013, by
including licensed school psychologist in requirement of licensed
professionals having mandatory training in the identification and
reporting of child abuse and maltreatment.

Section three amends paragraph (a) of subdivision 1 of section 413 of
the social service law, as amended by section 554 of the laws of 2013,
by including school psychologist as a mandatory reporter.

Section 4 amends section 7602 of the education law, as added by
chapter 987 of the laws of 1971.

Section five is a severability section.

Section six provides the effective date.

JUSTIFICATION: School psychologists are trained and educated in the
psychology of learning, motivation and human development in order to
address the many factors influencing the performance of students,
These factors may include school diversity, school climate and
home/school/community collaboration. By addressing the needs of
students through prevention services, assessments and/or counseling,
school psychologists can contribute to the future success of students,


it is important that school psychologists are held to specific
standards and requirements that will ensure competent services for
school children and their families,. This bill is necessary to provide
schools with a framework in which they can be assured they are
employing licensed school psychologists.

LEGISLATIVE HISTORY: 2013: Senate/Assembly: Referred to Higher
Education 2011-12: S.5676 Flanagan - Referred to Higher Education
2009-10: S.5358A Foley - Referred to Higher Education 2007-08: S.908E
Volker - Referred to Higher Education 2005-06: S.6678 Volker Referred
to Higher Education 2003-04: S.3238 Volker - Referred to Higher
Education 2001-02: S.1235A Volker - Referred to Higher Education

FISCAL IMPLICATIONS: Positive to the state as it will generate
license fees.

EFFECTIVE DATE: This act shall take effect on January 1, 2016.

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

                                 2923--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 25, 2013
                               ___________

Introduced  by  Sens.  FLANAGAN, CARLUCCI, LATIMER, PARKER -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Higher Education -- reported  favorably  from  said  committee  and
  committed  to  the  Committee on Finance -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  -- recommitted to the Committee on Higher Education in accordance
  with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  education  law  and the social services law, in
  relation to the practice of school psychology

  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 166-A
to read as follows:
                               ARTICLE 166-A
                            SCHOOL PSYCHOLOGY
SECTION 8720. INTRODUCTION.
        8721. PRACTICE OF SCHOOL PSYCHOLOGY AND USE OF THE TITLE "SCHOOL
                PSYCHOLOGIST".
        8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY.
        8723. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
        8724. BOUNDARIES OF PROFESSIONAL COMPETENCY.
        8725. LIMITED PERMITS.
        8726. EXEMPTIONS.
        8727. SPECIAL PROVISIONS.
  S 8720. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION AND PRAC-
TICE OF SCHOOL  PSYCHOLOGY AND TO THE USE OF THE TITLE "LICENSED  SCHOOL
PSYCHOLOGIST".   THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN
ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
  S 8721. PRACTICE OF SCHOOL PSYCHOLOGY AND USE  OF  THE  TITLE  "SCHOOL
PSYCHOLOGIST".    ONLY  A  PERSON  LICENSED OR EXEMPT UNDER THIS ARTICLE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03598-06-4

S. 2923--B                          2

SHALL PRACTICE SCHOOL PSYCHOLOGY  OR  USE  THE  TITLE  "LICENSED  SCHOOL
PSYCHOLOGIST".
  S  8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY. THE PRACTICE
OF SCHOOL PSYCHOLOGY IS:
  1. THE ASSESSMENT,  INCLUDING  PSYCHO-EDUCATIONAL,  DEVELOPMENTAL  AND
VOCATIONAL    ASSESSMENT, EVALUATION AND INTERPRETATION OF INTELLIGENCE,
COGNITIVE  PROCESSES,  APTITUDES,    INTERESTS,  ACADEMIC   ACHIEVEMENT,
ADJUSTMENT,  PERSONALITY  FACTORS  AND  MOTIVATIONS, OR ANY OTHER ATTRI-
BUTES, TO INDIVIDUAL STUDENTS OR  GROUPS  OF  STUDENTS  THAT  RELATE  TO
LEARNING, EDUCATION OR ADJUSTMENT NEEDS;
  2.   THE   DEVELOPMENT  AND  IMPLEMENTATION  OF  EDUCATIONALLY-RELATED
PSYCHOTHERAPEUTIC AND BEHAVIORAL APPROACHES TO INCREASE  SCHOOL  ADJUST-
MENT  AND  ACADEMIC  SUCCESS,  COUNSELING  AND  INTERPRETIVE SERVICES TO
REDUCE EDUCATION-RELATED PROBLEMS INCLUDING, BUT NOT LIMITED TO,  VERBAL
INTERACTION,  INTERVIEWING, BEHAVIOR TECHNIQUES, DEVELOPMENTAL AND VOCA-
TIONAL INTERVENTION, ENVIRONMENTAL MANAGEMENT AND GROUP PROCESSES;
  3. CONSULTATION WITH REPRESENTATIVES OF SCHOOLS, AGENCIES  AND  ORGAN-
IZATIONS,  FAMILIES OR INDIVIDUALS, INCLUDING PSYCHO-EDUCATIONAL, DEVEL-
OPMENTAL AND VOCATIONAL   ASSISTANCE  OR  DIRECT  EDUCATIONAL  SERVICES,
RELATED  TO  LEARNING  PROBLEMS AND ADJUSTMENTS TO THOSE PROBLEMS TO THE
BENEFIT OF AN INDIVIDUAL STUDENT OR GROUP OF STUDENTS; AND
  4. THE DEVELOPMENT OF PROGRAMMING, INCLUDING  DESIGNING,  IMPLEMENTING
OR  EVALUATING EDUCATIONALLY AND PSYCHOLOGICALLY SOUND LEARNING ENVIRON-
MENTS AND THE FACILITATION OF PSYCHO-EDUCATIONAL DEVELOPMENT OF INDIVID-
UALS, FAMILIES OR GROUPS.
  S 8723.  REQUIREMENTS FOR A PROFESSIONAL LICENSE.  TO  QUALIFY  FOR  A
LICENSE  AS  A  LICENSED SCHOOL PSYCHOLOGIST, AN APPLICANT SHALL FULFILL
THE FOLLOWING REQUIREMENTS:
  1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  2. EDUCATION: COMPLETE A MINIMUM OF SIXTY GRADUATE CREDITS AND FULFILL
THE REQUIREMENTS OF A MASTER'S OR DOCTORAL DEGREE IN  SCHOOL  PSYCHOLOGY
FROM  A  PROGRAM  REGISTERED  BY  THE  DEPARTMENT,  OR DETERMINED BY THE
DEPARTMENT TO BE THE  SUBSTANTIAL  EQUIVALENT  IN  ACCORDANCE  WITH  THE
COMMISSIONER'S  REGULATIONS.  THE GRADUATE COURSEWORK SHALL INCLUDE, BUT
NOT BE LIMITED TO, THE FOLLOWING AREAS:
  (I) BIOLOGICAL, SOCIAL AND CULTURAL BASES OF DEVELOPMENT;
  (II) PSYCHOPATHOLOGY AND EXCEPTIONALITY IN LEARNING AND BEHAVIOR;
  (III)  ASSESSMENT  AND  APPRAISAL  OF  LEARNERS  IN  HOME  AND  SCHOOL
CONTEXTS;
  (IV)  CONSULTATION  AND  COLLABORATION IN FAMILY, SCHOOL AND COMMUNITY
SYSTEMS;
  (V) EFFECTIVE INSTRUCTION AND DEVELOPMENT OF  COGNITIVE  AND  ACADEMIC
SKILLS;
  (VI)  PREVENTION  AND  TREATMENT OF BEHAVIORAL AND EMOTIONAL DISORDERS
AND DEFICITS;
  (VII) SCHOOL ORGANIZATION, CURRICULUM, POLICY AND LAW;
  (VIII) RESEARCH AND PROGRAM EVALUATION;
  (IX) PROFESSION AND ETHICAL PRACTICE OF PSYCHOLOGY IN SCHOOLS; AND
  (X) COMPLETION OF A  TWELVE  HUNDRED  HOUR  SUPERVISED  INTERNSHIP  IN
SCHOOL  PSYCHOLOGY, WITH NO LESS THAN SIX HUNDRED HOURS COMPLETED WITHIN
A SCHOOL SETTING.
  3. EXPERIENCE: COMPLETE A MINIMUM OF TWO THOUSAND FOUR  HUNDRED  HOURS
OF  POST-MASTER'S  SUPERVISED  EXPERIENCE  RELEVANT  TO  THE PRACTICE OF
SCHOOL PSYCHOLOGY SATISFACTORY TO THE BOARD AND IN ACCORDANCE  WITH  THE
COMMISSIONER'S REGULATIONS, SUCH SUPERVISED EXPERIENCE WHICH MAY INCLUDE

S. 2923--B                          3

ONE  THOUSAND TWO HUNDRED HOURS COMPLETED AS PART OF A PROGRAM IN SCHOOL
PSYCHOLOGY;
  4.  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
MENT; AND
  7.  FEES: PAY A FEE OF TWO HUNDRED FORTY DOLLARS TO THE DEPARTMENT FOR
ADMISSION TO A DEPARTMENT  CONDUCTED  EXAMINATION  AND  FOR  AN  INITIAL
LICENSE;  A FEE OF EIGHTY-FIVE  DOLLARS FOR EACH REEXAMINATION; A FEE OF
ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL  LICENSE FOR PERSONS NOT
REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND A  FEE  OF
ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
  S  8724. BOUNDARIES OF PROFESSIONAL COMPETENCY. 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 SERVICES
FOR SUCH ILLNESS ON A CONTINUOUS AND SUSTAINED BASIS WITHOUT A   MEDICAL
EVALUATION OF THE ILLNESS BY, AND CONSULTATION WITH, A PHYSICIAN REGARD-
ING SUCH  ILLNESS.  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 AND  OBSESSIVE-COMPULSIVE  DISORDER.
NOTHING  IN  THIS SECTION SHALL BE CONSTRUED TO PREVENT, LIMIT OR IMPAIR
CONSULTATION WITH ANY OTHER HEALTH OR MENTAL HEALTH PROFESSIONAL.  NOTH-
ING HEREIN CONTAINED SHALL LIMIT, MODIFY, RESTRICT OR  OTHERWISE  AFFECT
THE  DEFINITION  OF  THE  PRACTICE  OF  SCHOOL PSYCHOLOGY AS PROVIDED IN
SECTION EIGHTY-SEVEN HUNDRED TWENTY-TWO OF THIS ARTICLE.
  2. ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES  FROM
THE PROVISIONS OF THIS ARTICLE SHALL BE PROHIBITED FROM:
  (A) PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER AS A
TREATMENT,  THERAPY,  OR  PROFESSIONAL SERVICE IN THE PRACTICE OF HIS OR
HER PROFESSION; OR
  (B) USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
SERVICE IN THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES  OF  THIS
SUBDIVISION,  "INVASIVE  PROCEDURE"  MEANS  ANY PROCEDURE IN WHICH HUMAN
TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR  OTHER
MEANS.  INVASIVE PROCEDURE INCLUDES SURGERY, LASERS, IONIZING RADIATION,
THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY; OR
  (C)  ENGAGING  IN  DUAL  SETTING  PRACTICE,  OR  OTHERWISE OFFERING OR
PROVIDING PRIVATE PRACTICE SERVICES TO A STUDENT OF A SCHOOL OR  SPECIAL
EDUCATION  PROGRAM WHERE THE PRACTITIONER IS CURRENTLY EMPLOYED OR UNDER
CONTRACT WITH SUCH SCHOOL OR PROGRAM.
  3. NOTHING IN THIS ARTICLE SHALL BE  DEEMED  TO  AUTHORIZE,  GRANT  OR
EXTEND HOSPITAL PRIVILEGES TO INDIVIDUALS LICENSED UNDER THIS ARTICLE.
  S 8725. LIMITED PERMITS.  1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT
TO AN APPLICANT WHOSE QUALIFICATIONS HAVE BEEN APPROVED FOR ADMISSION TO
THE EXAMINATION IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
  2.  LIMITED  PERMITS  SHALL  BE  FOR  ONE  YEAR AND BE RENEWED, AT THE
DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
  3. THE FEE FOR EACH LIMITED PERMIT  AND  FOR  EACH  RENEWAL  SHALL  BE
SEVENTY DOLLARS.
  S  8726.  EXEMPTIONS.  NOTHING  CONTAINED  IN  THIS  ARTICLE  SHALL BE
CONSTRUED TO:

S. 2923--B                          4

  1. APPLY TO THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF  ANY
TITLE  BY  ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDI-
CINE WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS
TITLE OR BY ANY PERSON REGISTERED TO PERFORM  SERVICES  AS  A  PHYSICIAN
ASSISTANT  WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B
OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRAC-
TICE PSYCHOLOGY WITHIN  THIS  STATE  PURSUANT  TO  ARTICLE  ONE  HUNDRED
FIFTY-THREE OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHOR-
IZED  TO PRACTICE AS A LICENSED CLINICAL SOCIAL WORKER WITHIN THIS STATE
PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FOUR OF  THIS  TITLE,  OR  BY  ANY
PERSON  LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE NURSING AS A REGIS-
TERED PROFESSIONAL NURSE WITHIN THIS STATE  PURSUANT    TO  ARTICLE  ONE
HUNDRED  THIRTY-NINE  OF THIS TITLE, OR BY ANY PERSON LICENSED OR OTHER-
WISE AUTHORIZED TO PRACTICE MENTAL HEALTH COUNSELING, MARRIAGE AND FAMI-
LY THERAPY, CREATIVE  ARTS THERAPY, OR PSYCHOANALYSIS WITHIN THE  STATE,
OR  BY  ANY  PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE APPLIED
BEHAVIOR ANALYSIS WITHIN THE  STATE  PURSUANT  TO  ARTICLE  ONE  HUNDRED
SIXTY-SIX-A  OF THIS TITLE; PROVIDED, HOWEVER, THAT NO PHYSICIAN, PHYSI-
CIAN'S ASSISTANT, REGISTERED PROFESSIONAL NURSE, PSYCHOLOGIST,  LICENSED
CLINICAL  SOCIAL  WORKER,  LICENSED  MENTAL  HEALTH  COUNSELOR, LICENSED
MARRIAGE  AND  FAMILY  THERAPIST,  LICENSED  CREATIVE  ARTS   THERAPIST,
LICENSED  PSYCHOANALYST  OR  APPLIED  BEHAVIOR ANALYST MAY USE THE TITLE
UNLESS LICENSED UNDER THIS ARTICLE;
  2. PROHIBIT OR LIMIT ANY INDIVIDUAL WHO IS CREDENTIALED UNDER ANY LAW,
INCLUDING ATTORNEYS, RAPE CRISIS COUNSELORS, CERTIFIED ALCOHOLISM  COUN-
SELORS  AND  CERTIFIED  SUBSTANCE ABUSE COUNSELORS FROM PROVIDING MENTAL
HEALTH SERVICES WITHIN THEIR RESPECTIVE ESTABLISHED AUTHORITIES;
  3. PROHIBIT OR LIMIT THE  PRACTICE OF A PROFESSION  LICENSED  PURSUANT
TO THIS ARTICLE BY A STUDENT, INTERN OR RESIDENT IN, AND AS A PART OF, A
SUPERVISED EDUCATIONAL PROGRAM IN AN INSTITUTION APPROVED BY THE DEPART-
MENT;
  4.  PROHIBIT OR LIMIT THE PROVISION OF PASTORAL COUNSELING SERVICES BY
ANY MEMBER OF THE CLERGY OR CHRISTIAN SCIENCE PRACTITIONER,  WITHIN  THE
CONTEXT OF HIS OR HER MINISTERIAL  CHARGE OR OBLIGATION;
  5.  PROHIBIT OR LIMIT INDIVIDUALS, CHURCHES, SCHOOLS, TEACHERS, ORGAN-
IZATIONS, OR  NOT-FOR-PROFIT  BUSINESSES,  FROM  PROVIDING  INSTRUCTION,
ADVICE, SUPPORT, ENCOURAGEMENT, OR INFORMATION TO INDIVIDUALS, FAMILIES,
AND RELATIONAL GROUPS;
  6.  PROHIBIT  OR  LIMIT AN OCCUPATIONAL THERAPIST FROM PERFORMING WORK
CONSISTENT WITH ARTICLE ONE HUNDRED FIFTY-SIX OF THIS TITLE; OR
  7. AFFECT OR PREVENT THE ACTIVITIES OR  SERVICES  ON  THE  PART  OF  A
PERSON  IN  THE EMPLOY OF A FEDERAL, STATE, COUNTY, OR MUNICIPAL AGENCY,
OTHER POLITICAL SUBDIVISION, OR  A  CHARTERED  ELEMENTARY  OR  SECONDARY
SCHOOL OR DEGREE-GRANTING EDUCATIONAL INSTITUTION INSOFAR AS SUCH ACTIV-
ITIES  AND  SERVICES  ARE A PART OF THE DUTIES OF SUCH PERSON'S SALARIED
POSITION.
  S 8727. SPECIAL PROVISIONS. 1. ANY  NONEXEMPT  PERSON  PRACTICING  THE
PROFESSION  OF  SCHOOL  PSYCHOLOGY  SHALL  APPLY  FOR  A LICENSE OF SUCH
PROFESSION WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
  (A) IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB-
LISHED WITHIN THIS ARTICLE, SUCH PERSON MAY  MEET  ALTERNATIVE  CRITERIA
DETERMINED  BY  THE  DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT OF SUCH
CRITERIA.
  (B) IF SUCH PERSON MEETS THE REQUIREMENTS FOR  A  LICENSE  ESTABLISHED
WITHIN  THIS  ARTICLE, EXCEPT FOR EXAMINATION, AND HAS BEEN CERTIFIED OR
REGISTERED BY A NATIONAL CERTIFYING OR REGISTERING BODY  HAVING  CERTIF-

S. 2923--B                          5

ICATION  OR  REGISTRATION STANDARDS ACCEPTABLE TO  THE COMMISSIONER, THE
DEPARTMENT SHALL LICENSE WITHOUT EXAMINATION.
  2.  NOTWITHSTANDING  THE  REQUIREMENTS OF SECTION EIGHTY-SEVEN HUNDRED
TWENTY-THREE OF THIS ARTICLE, AND FOR A PERIOD OF TIME NOT TO EXCEED TWO
YEARS FROM THE EFFECTIVE DATE OF THIS  ARTICLE,  AN  INDIVIDUAL  MAY  BE
LICENSED AS A SCHOOL PSYCHOLOGIST PROVIDED SUCH PERSON HAS EITHER:
  (A) MET THE EDUCATIONAL REQUIREMENTS AS DEFINED IN SECTION EIGHTY-SEV-
EN  HUNDRED  TWENTY-THREE  OF THIS ARTICLE AND PERFORMED THE DUTIES OF A
SCHOOL PSYCHOLOGIST FOR TWO OF THE PAST FIVE YEARS PRIOR TO  THE  EFFEC-
TIVE DATE OF THIS ARTICLE; OR
  (B)  PERFORMED  THE  DUTIES OF A SCHOOL PSYCHOLOGIST FOR AT LEAST FIVE
YEARS PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE.
  3. ANY PERSON LICENSED PURSUANT TO THIS ARTICLE MAY USE ACCEPTED CODES
AND CLASSIFICATIONS OF SIGNS, SYMPTOMS, DYSFUNCTIONS AND  DISORDERS,  AS
APPROVED  IN ACCORDANCE WITH REGULATIONS  PROMULGATED BY THE DEPARTMENT,
IN THE PRACTICE OF SUCH LICENSED PROFESSION.
  4. NOTHING IN THIS ARTICLE SHALL BE DEEMED TO ALTER, MODIFY OR  AFFECT
THE  PROVISIONS  OF SECTION THREE THOUSAND TWELVE OR TWENTY-FIVE HUNDRED
TEN OF THIS CHAPTER OR OTHERWISE AFFECT THE CERTIFICATION  OF  A  SCHOOL
PSYCHOLOGIST.
  S  2.  Paragraph  a  of subdivision 3 of section 6507 of the education
law, as amended by chapter 554 of the laws of 2013, is amended  to  read
as follows:
  a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the
commissioner shall establish standards requiring that all persons apply-
ing,  on or after January first, nineteen hundred ninety-one, initially,
or for the renewal of, a license, registration or limited permit to be a
physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
trist,   psychiatrist,   psychologist,   LICENSED  SCHOOL  PSYCHOLOGIST,
licensed master social worker, licensed clinical social worker, licensed
creative  arts  therapist,  licensed  marriage  and  family   therapist,
licensed mental health counselor, licensed psychoanalyst, dental hygien-
ist,  licensed behavior analyst, or certified behavior analyst assistant
shall, in addition to all the other licensure, certification  or  permit
requirements, have completed two hours of coursework or training regard-
ing  the  identification  and reporting of child abuse and maltreatment.
The coursework or training shall be  obtained  from  an  institution  or
provider  which  has  been  approved  by  the department to provide such
coursework or training. The coursework or training shall include  infor-
mation  regarding  the physical and behavioral indicators of child abuse
and maltreatment and the statutory reporting  requirements  set  out  in
sections four hundred thirteen through four hundred twenty of the social
services  law,  including but not limited to, when and how a report must
be made, what other actions the reporter is mandated  or  authorized  to
take, the legal protections afforded reporters, and the consequences for
failing to report. Such coursework or training may also include informa-
tion  regarding  the  physical and behavioral indicators of the abuse of
individuals with mental retardation and other developmental disabilities
and voluntary reporting of abused or neglected adults to the  office  of
mental  retardation  and  developmental  disabilities or the local adult
protective services unit. Each applicant shall  provide  the  department
with  documentation  showing  that  he or she has completed the required
training. The department shall provide an exemption from the child abuse
and maltreatment training requirements to  any  applicant  who  requests

S. 2923--B                          6

such  an exemption and who shows, to the department's satisfaction, that
there would be no need because of the nature of his or her practice  for
him or her to complete such training;
  S  3.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
services law, as amended by chapter 554 of the laws of 2013, is  amended
to read as follows:
  (a)  The  following  persons  and  officials are required to report or
cause a report to be made in accordance with this title when  they  have
reasonable  cause  to  suspect  that a child coming before them in their
professional or official capacity is an abused or maltreated  child,  or
when  they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or  other  person
legally  responsible  for  such child comes before them in their profes-
sional or official capacity and states from  personal  knowledge  facts,
conditions or circumstances which, if correct, would render the child an
abused  or maltreated child: any physician; registered physician assist-
ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
psychologist; SCHOOL  PSYCHOLOGIST;  registered  nurse;  social  worker;
emergency medical technician; licensed creative arts therapist; licensed
marriage   and  family  therapist;  licensed  mental  health  counselor;
licensed psychoanalyst; licensed behavior  analyst;  certified  behavior
analyst assistant; hospital personnel engaged in the admission, examina-
tion,  care  or  treatment of persons; a Christian Science practitioner;
school official, which includes but is not limited  to  school  teacher,
school  guidance  counselor,  school psychologist, school social worker,
school nurse, school administrator or other school personnel required to
hold  a  teaching  or  administrative  license  or  certificate;  social
services  worker;  director  of  a children's overnight camp, summer day
camp or traveling summer day camp, as such camps are defined in  section
thirteen  hundred  ninety-two  of the public health law; day care center
worker; school-age child care worker; provider of family or group family
day care; or any other child care or foster care worker;  mental  health
professional;  substance  abuse  counselor;  alcoholism  counselor;  all
persons credentialed by the office of  alcoholism  and  substance  abuse
services;  peace officer; police officer; district attorney or assistant
district attorney; investigator employed in the  office  of  a  district
attorney; or other law enforcement official.
  S 4. Section 7602 of the education law, as added by chapter 987 of the
laws of 1971, is amended to read as follows:
  S 7602. State  board  for  psychology.    A state board for psychology
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 professional licensing and professional conduct
in accordance with section sixty-five hundred eight of this title.   The
board  shall be composed of not less than eleven [psychologists licensed
in this state] MEMBERS, A  NUMBER  OF  WHOM  SHALL  BE  LICENSED  SCHOOL
PSYCHOLOGISTS  SUFFICIENT  TO  ASSURE  MEANINGFUL PARTICIPATION IN BOARD
ACTIVITIES.  An executive secretary to the board shall be  appointed  by
the  board  of  regents  upon the recommendation of the commissioner and
shall be a psychologist, licensed in this state.
  S 5. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction  to
be  invalid,  the  judgment  shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,

S. 2923--B                          7

sentence, paragraph, section or part thereof directly  involved  in  the
controversy in which the judgment shall have been rendered.
  S  6.  This  act  shall  take effect January 1, 2016; provided that if
section 11 of chapter 554 of the laws  of  2013  shall  not  have  taken
effect  on  or before such date, then section two of this act shall take
effect on the same date and in the same manner as such section 11  takes
effect;  provided  that if section 12 of chapter 554 of the laws of 2013
shall not have taken effect on or before such date then section three of
this act shall take effect on the same date and in the  same  manner  as
such  section  12  takes effect; provided further that the department of
education is authorized to promulgate any and all rules and  regulations
and  take any other measure necessary to implement this act on or before
its effective date, including, but not limited to,  the  appointment  of
the  state board for psychology, the acceptance and processing of appli-
cations for licensure and the issuance  of  licenses;  provided  further
that  the  provisions of article 166-A of the education law, as added by
section one of this act, requiring a license or limited permit to  prac-
tice under such article shall not be enforced until January 1, 2017.

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