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.