S T A T E   O F   N E W   Y O R K
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                                  10284

                          I N  A S S E M B L Y

                              May 20, 2016
                               ___________

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

AN ACT to amend the education law, in relation to granting mental health
  practitioners the authority  to  diagnose  in  certain  United  States
  veterans  administration  facilities;  and providing for the repeal of
  such provisions upon expiration thereof

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

  Section1. Section 8411 of the education law is amended by adding a new
subdivision 4 to read as follows:
  4.  A  PROGRAM  OR  FACILITY  OPERATED, FUNDED, OR ADMINISTERED BY THE
UNITED STATES VETERANS ADMINISTRATION IN  THE  STATE  OF  NEW  YORK  MAY
PARTICIPATE  IN  A PILOT PROGRAM THAT ALLOWS EMPLOYEES LICENSED PURSUANT
TO THIS ARTICLE TO DIAGNOSE MENTAL, EMOTIONAL, BEHAVIORAL, ADDICTIVE AND
DEVELOPMENTAL DISORDERS AND DISABILITIES AS WELL AS DIAGNOSE THE PSYCHO-
SOCIAL ASPECTS OF  ILLNESS,  INJURY,  DISABILITY  AND  IMPAIRMENT  WHILE
ENGAGED IN THE PERFORMANCE OF HIS OR HER DUTIES.
  (A) TO PARTICIPATE IN THE PILOT PROGRAM, THE PROGRAM OR FACILITY OPER-
ATED,  FUNDED,  OR  ADMINISTERED  BY THE UNITED STATES VETERANS ADMINIS-
TRATION MUST NOTIFY THE DEPARTMENT ON  A  FORM  TO  BE  CREATED  BY  THE
DEPARTMENT.
  (B)  FOR  THE  PURPOSE  OF  THIS  ARTICLE, DIAGNOSIS IS THE PROCESS OF
DISTINGUISHING, BEYOND A GENERAL  ASSESSMENT,  BETWEEN  SIMILAR  MENTAL,
EMOTIONAL,  BEHAVIORAL,  DEVELOPMENTAL  AND ADDICTIVE DISORDERS, IMPAIR-
MENTS AND DISABILITIES WITHIN A PSYCHOSOCIAL FRAMEWORK ON THE  BASIS  OF
SIMILAR  AND UNIQUE CHARACTERISTICS CONSISTENT WITH ACCEPTED CLASSIFICA-
TION SYSTEMS.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have  become  a law and shall remain in full force and effect until July
1, 2018, when upon such  date  this  act  shall  expire  and  be  deemed
repealed;  provided however, that effective immediately the commissioner
of education is authorized to take any actions  necessary  to  implement
this act on or before its effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15256-01-6