S T A T E O F N E W Y O R K
________________________________________________________________________
4188
2019-2020 Regular Sessions
I N A S S E M B L Y
February 1, 2019
___________
Introduced by M. of A. DenDEKKER, CUSICK, RODRIGUEZ, THIELE, McDONOUGH,
DiPIETRO, ABBATE, SANTABARBARA, COLTON, HEVESI, ORTIZ, BLANKENBUSH,
RAIA, SIMON, PHEFFER AMATO, DICKENS -- Multi-Sponsored by -- M. of A.
BARCLAY, BUCHWALD, GALEF, HAWLEY -- read once and referred to the
Committee on Higher Education
AN ACT to amend the education law, in relation to clarifying the author-
ization to practice for mental health practitioners
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 8402 of the education law, as
added by chapter 676 of the laws of 2002, is amended to read as follows:
1. Definition of the practice of mental health counseling. The prac-
tice of the profession of mental health counseling is defined as:
(a) the evaluation, assessment, DIAGNOSIS, amelioration, treatment,
modification, or adjustment to a disability, problem, or disorder of
behavior, character, development, emotion, personality or relationships
by the use of verbal or behavioral methods with individuals, couples,
families or groups in private practice, group, or organized settings;
[and]
(b) the use of assessment instruments and mental health counseling and
psychotherapy to identify, evaluate, DIAGNOSE and treat dysfunctions and
disorders for purposes of providing appropriate mental health counseling
services; AND
(C) DIAGNOSIS IN THE CONTEXT OF LICENSED MENTAL HEALTH COUNSELING
PRACTICE IS THE PROCESS OF DISTINGUISHING BETWEEN SIMILAR MENTAL,
EMOTIONAL, BEHAVIORAL, DEVELOPMENTAL, AND ADDICTIVE DISORDERS, IMPAIR-
MENTS AND DISABILITIES WITHIN A PSYCHOSOCIAL FRAMEWORK ON THE BASIS OF
THEIR SIMILAR AND UNIQUE CHARACTERISTICS CONSISTENT WITH ACCEPTED CLAS-
SIFICATION SYSTEMS.
§ 2. Subdivision 1 of section 8403 of the education law, as added by
chapter 676 of the laws of 2002, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07796-01-9
A. 4188 2
1. Definition of the practice of marriage and family therapy. The
practice of the profession of marriage and family therapy is defined as:
(a) the assessment, DIAGNOSIS and treatment of nervous and mental
disorders, whether affective, cognitive or behavioral, which results in
dysfunctional interpersonal family relationships including, but not
limited to familial relationships, marital/couple relationships,
parent-child relationships, pre-marital and other personal relation-
ships;
(b) the use of mental health counseling, psychotherapy and therapeutic
techniques to evaluate and treat marital, relational, and family
systems, and individuals in relationship to these systems;
(c) the use of mental health counseling and psychotherapeutic tech-
niques to treat mental, emotional and behavioral disorders and ailments
within the context of marital, relational and family systems to prevent
and ameliorate dysfunction; [and]
(d) the use of assessment instruments and mental health counseling and
psychotherapy to identify [and], evaluate, DIAGNOSE AND TREAT dysfunc-
tions and disorders for purposes of providing appropriate marriage and
family therapy services; AND
(E) DIAGNOSIS IN THE CONTEXT OF LICENSED MARRIAGE AND FAMILY THERAPY
PRACTICE IS THE PROCESS OF DISTINGUISHING BETWEEN SIMILAR MENTAL,
EMOTIONAL, BEHAVIORAL, DEVELOPMENTAL, AND ADDICTIVE DISORDERS, IMPAIR-
MENTS AND DISABILITIES WITHIN A PSYCHOSOCIAL FRAMEWORK ON THE BASIS OF
THEIR SIMILAR AND UNIQUE CHARACTERISTICS CONSISTENT WITH ACCEPTED CLAS-
SIFICATION SYSTEMS.
§ 3. Subdivision 1 of section 8404 of the education law, as added by
chapter 676 of the laws of 2002, is amended to read as follows:
1. Definition of the practice of creative arts therapy. The practice
of the profession of creative arts therapy is defined as:
(a) the assessment, evaluation, DIAGNOSIS and the therapeutic inter-
vention and treatment, which may be either primary, parallel or adjunc-
tive, of mental, emotional, developmental and behavioral disorders
through the use of the arts as approved by the department; [and]
(b) the use of assessment instruments and mental health counseling and
psychotherapy to identify, evaluate, DIAGNOSE and treat dysfunctions and
disorders for purposes of providing appropriate creative arts therapy
services; AND
(C) DIAGNOSIS IN THE CONTEXT OF LICENSED CREATIVE ARTS THERAPY PRAC-
TICE IS THE PROCESS OF DISTINGUISHING BETWEEN SIMILAR MENTAL, EMOTIONAL,
BEHAVIORAL, DEVELOPMENTAL, AND ADDICTIVE DISORDERS, IMPAIRMENTS AND
DISABILITIES WITHIN A PSYCHOSOCIAL FRAMEWORK ON THE BASIS OF THEIR SIMI-
LAR AND UNIQUE CHARACTERISTICS CONSISTENT WITH ACCEPTED CLASSIFICATION
SYSTEMS.
§ 4. Subdivision 1 of section 8405 of the education law, as added by
chapter 676 of the laws of 2002, is amended to read as follows:
1. Definition of the practice of psychoanalysis. The practice of the
profession of psychoanalysis is defined as:
(a) the observation, description, evaluation, [and] interpretation,
DIAGNOSIS AND TREATMENT of dynamic unconscious mental processes that
contribute to the formation of personality and behavior in order to
identify and resolve unconscious psychic problems which affect interper-
sonal relationships and emotional development, to facilitate changes in
personality and behavior through the use of verbal and nonverbal cogni-
tive and emotional communication, and to develop adaptive functioning;
[and]
A. 4188 3
(b) the use of assessment instruments and mental health counseling and
psychotherapy to identify, evaluate, DIAGNOSE and treat dysfunctions and
disorders for purposes of providing appropriate psychoanalytic services;
AND
(C) DIAGNOSIS IN THE CONTEXT OF LICENSED PSYCHOANALYSIS PRACTICE IS
THE PROCESS OF DISTINGUISHING BETWEEN SIMILAR MENTAL, EMOTIONAL, BEHAV-
IORAL, DEVELOPMENTAL, AND ADDICTIVE DISORDERS, IMPAIRMENTS AND DISABILI-
TIES WITHIN A PSYCHOSOCIAL FRAMEWORK ON THE BASIS OF THEIR SIMILAR AND
UNIQUE CHARACTERISTICS CONSISTENT WITH ACCEPTED CLASSIFICATION SYSTEMS.
§ 5. This act shall take effect immediately.