S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    545
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. L. ROSENTHAL, OTIS, STIRPE, BENEDETTO, CUSICK,
   ABINANTI, FAHY, ZEBROWSKI, DICKENS, PAULIN, DE LA ROSA, HEVESI,  CRUZ,
   REYES,  MIKULIN,  WALSH  -- Multi-Sponsored by -- M. of A. BRAUNSTEIN,
   EPSTEIN, GALEF, LALOR, LUPARDO, McDONOUGH, MONTESANO -- read once  and
   referred 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,  and  establishing  a
   pilot program of multi-tiered system of support model of substance use
   prevention and intervention
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent and findings. The legislature finds that
 while significant steps have been taken through legislation to implement
 the recommendations of executive and  legislative  task  forces  in  the
 joint  effort  to combat the heroin and opioid crises in New York state,
 much more must be done  to  identify  risk  factors,  develop  community
 response and support strategies and to increase access to treatment.
   The  legislature intends to build on the initial aggressive efforts of
 the executive and legislative by recognizing the significant role mental
 and behavioral health professionals  play  in  identifying  the  warning
 signs of heroin and opioid addiction in our children and the maladaptive
 behaviors  that  lead  to  early  drug  use  and  ultimately  abuse  and
 addiction. The legislature recognizes  that  certified  school  psychol-
 ogists  are  uniquely  qualified  to  identify  the  risk and protective
 factors, coupled with adverse childhood experiences which constitute the
 drug abuse  process.  However,  these  highly  trained  specialists  are
 constrained  to  provide  vital services to the school setting only. The
 legislature finds that the state's mission to  address  the  heroin  and
 opioid  crises  in  the  state will be advanced through the licensure of
 school psychologists and the meaningful  involvement  of  these  trained
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00531-01-1

 A. 545                              2
 
 practitioners in the development of a school and community based strate-
 gy of response and support.
   §  2.  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.
   § 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.
   § 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".
   §  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 INDIVIDUALS OR GROUPS OF INDIVIDUALS AGED BIRTH TO TWENTY-FIVE
 YEARS 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 OR GROUP OF INDIVIDUALS AGE BIRTH TO TWENTY-
 FIVE YEARS; 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.
   § 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 SEMESTER  HOURS  IN
 PSYCHOLOGY  CREDITS INCLUDING A MASTER'S DEGREE AND FULFILL THE REQUIRE-
 MENTS OF AN ADVANCED CERTIFICATE IN SCHOOL PSYCHOLOGY OR ITS  EQUIVALENT
 OR DOCTORAL DEGREE IN SCHOOL PSYCHOLOGY FROM A PROGRAM REGISTERED BY THE
 DEPARTMENT, OR DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIV-

 A. 545                              3
 
 ALENT  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.  SATISFACTORY  EXPERIENCE  OBTAINED  IN  AN ENTITY OPERATING
 UNDER A WAIVER ISSUED BY THE DEPARTMENT PURSUANT TO  SECTION  SIXTY-FIVE
 HUNDRED  THREE-A  OF  THIS  TITLE  MAY  BE  ACCEPTED  BY THE DEPARTMENT,
 NOTWITHSTANDING THAT SUCH EXPERIENCE MAY HAVE BEEN OBTAINED PRIOR TO THE
 EFFECTIVE DATE OF SUCH SECTION SIXTY-FIVE HUNDRED THREE-A  AND/OR  PRIOR
 TO  THE  ENTITY  HAVING  OBTAINED A WAIVER. THE DEPARTMENT MAY, FOR GOOD
 CAUSE SHOWN, ACCEPT SATISFACTORY  EXPERIENCE  THAT  WAS  OBTAINED  IN  A
 SETTING  THAT  WOULD  HAVE  BEEN ELIGIBLE FOR A WAIVER BUT WHICH HAS NOT
 OBTAINED A WAIVER FROM THE DEPARTMENT OR EXPERIENCE THAT WAS OBTAINED IN
 GOOD FAITH BY THE APPLICANT UNDER THE BELIEF THAT  APPROPRIATE  AUTHORI-
 ZATION  HAD BEEN OBTAINED FOR THE EXPERIENCE, PROVIDED THAT SUCH EXPERI-
 ENCE MEETS ALL OTHER REQUIREMENTS FOR ACCEPTABLE EXPERIENCE;
   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 ONE HUNDRED SEVENTY-FIVE DOLLARS TO THE  DEPART-
 MENT  FOR  ADMISSION  TO  A  DEPARTMENT CONDUCTED EXAMINATION AND FOR AN
 INITIAL LICENSE AND A FEE OF ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIEN-
 NIAL REGISTRATION PERIOD.
   § 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

 A. 545                              4
 
 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.
   § 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.
   § 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
 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 THIS ARTICLE; 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,  LICENSED PSYCHOANALYST OR LICENSED
 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-

 A. 545                              5
 
 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.
   §  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 AS AUTHORIZED BY ARTICLE ONE HUNDRED FIFTY-THREE  OF
 THIS TITLE OR ANY OTHER PROVISION OF LAW, FOR TWO OF THE PAST FIVE YEARS
 PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE; OR
   (B)  PERFORMED  THE  DUTIES  OF A SCHOOL PSYCHOLOGIST AS AUTHORIZED BY
 ARTICLE ONE HUNDRED FIFTY-THREE OF THIS TITLE OR ANY OTHER PROVISION  OF
 LAW,  FOR  AT LEAST FIVE YEARS PRIOR TO THE EFFECTIVE DATE OF THIS ARTI-
 CLE.
   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.

 A. 545                              6
 
   §  3.  Paragraph  a  of subdivision 3 of section 6507 of the education
 law, as amended by chapter 672 of the laws of 2019, 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  disabili-
 ties and voluntary reporting of abused or neglected adults to the office
 for people with developmental disabilities or the local adult protective
 services unit. Each applicant shall provide the department with documen-
 tation  showing  that he or she has completed the required training. The
 department shall provide an exemption from the child abuse and maltreat-
 ment training  requirements  to  any  applicant  who  requests  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;
   § 4. Section 7602 of the education law, as added by chapter 987 of the
 laws of 1971, is amended to read as follows:
   § 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.
   §  5.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
 services law, as amended by section 7 of part C of  chapter  57  of  the
 laws of 2018, is amended to read as follows:

 A. 545                              7
 
   (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; LICENSED SCHOOL  PSYCHOLOGIST;  registered  nurse;  social
 worker;  emergency medical technician; licensed creative arts therapist;
 licensed marriage and family therapist; licensed mental  health  counse-
 lor; licensed psychoanalyst; licensed behavior analyst; certified behav-
 ior  analyst  assistant;  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;
 full  or part-time compensated school employee required to hold a tempo-
 rary coaching  license  or  professional  coaching  certificate;  social
 services  worker;  employee  of  a publicly-funded emergency shelter for
 families with children; 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;  employee or volunteer in a residential care facility
 for children that is licensed, certified or operated by  the  office  of
 children  and  family  services;  or any other child care or foster care
 worker; mental health professional; substance abuse counselor;  alcohol-
 ism counselor; all persons credentialed by the office of [alcoholism and
 substance  abuse]  ADDICTION  services  AND SUPPORTS; employees, who are
 expected to have regular and substantial contact  with  children,  of  a
 health  home  or  health  home care management agency contracting with a
 health home as designated by the department  of  health  and  authorized
 under section three hundred sixty-five-l of this chapter or such employ-
 ees  who provide home and community based services under a demonstration
 program pursuant to section eleven hundred fifteen of the federal social
 security act who are expected to have regular  and  substantial  contact
 with  children;  peace  officer;  police  officer;  district attorney or
 assistant district attorney; investigator employed in the  office  of  a
 district attorney; or other law enforcement official.
   §  6.  The  education  department,  the  office of children and family
 services, the office of  mental  health  and  the  office  of  addiction
 services  and  supports  are hereby directed to establish a multi-tiered
 system of support (MTSS) model of substance use  prevention  and  inter-
 vention  utilizing  tiered  levels  of  primary  prevention services and
 secondary and tertiary intervention services and to pilot such model  in
 communities  with occurrences of heroin and opioid addiction in children
 under the age of twenty-five in New York  state.  Such  model  shall  be
 designed  with  the  meaningful  participation  of mental and behavioral
 health practitioners whose training focuses on  the  needs  of  children
 under  the  age  of  twenty-five  including,  but not limited to, school

 A. 545                              8
 
 psychologists, such practitioners being uniquely qualified to  implement
 the  model  to the fullest extent possible. Such pilot shall be designed
 for implementation by September 1, 2020.
   §  7.  Subparagraph  (i)  of  paragraph  a of subdivision 1 of section
 6503-a of the education law, as amended by chapter 554 of  the  laws  of
 2013, is amended to read as follows:
   (i)  services  provided  under  article  one  hundred  fifty-four, one
 hundred sixty-three [or], one hundred sixty-seven OR ONE HUNDRED  SIXTY-
 SIX-A of this title for which licensure would be required, or
   § 8. 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.
   § 9. This act shall take effect twelve  months  after  it  shall  have
 become  a law; provided, however, that effective immediately the depart-
 ment 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;  and
 provided, further, that the provisions of article 166-A of the education
 law, as added by section two of this act, requiring a license or limited
 permit  to practice under such article shall not be enforced until twen-
 ty-four months after the effective date of this act.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  545--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. L. ROSENTHAL, OTIS, STIRPE, BENEDETTO, CUSICK,
   ABINANTI, FAHY, ZEBROWSKI, DICKENS, PAULIN, DE LA ROSA, HEVESI,  CRUZ,
   REYES,  MIKULIN,  WALSH  -- Multi-Sponsored by -- M. of A. BRAUNSTEIN,
   EPSTEIN, GALEF, LALOR, LUPARDO, McDONOUGH, MONTESANO -- read once  and
   referred to the Committee on Higher Education -- 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, and establishing a
   pilot program of a multi-tiered  system  of  support  to  address  the
   social and emotional needs of students
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent and findings. The legislature finds that
 while significant steps have  been  taken  to  address  the  social  and
 emotional  needs  of students that have been intensified by the COVID-19
 pandemic, much more must be  done  to  identify  risk  factors,  develop
 community  response  and  support  strategies  and to increase access to
 mental health services.
   The legislature intends to build on the initial aggressive efforts  of
 the executive and legislative by recognizing the significant role mental
 and  behavioral  health  professionals  play  in identifying the warning
 signs of social and emotional distress in our children and the  maladap-
 tive behaviors that contribute to mental health crises and suicide.  The
 legislature  recognizes that certified school psychologists are uniquely
 qualified to identify the risk  and  protective  factors,  coupled  with
 adverse childhood experiences which contribute to the intensified mental
 health  needs in children during the isolation of the COVID-19 pandemic.
 However, these highly trained specialists  are  constrained  to  provide
 vital  services to the school setting only, despite many school psychol-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00531-04-1

 A. 545--A                           2
 
 ogists successfully working  with  students  virtually  outside  of  the
 school  setting  during the COVID-19 pandemic, a time when students were
 in great need of support.    The  legislature  finds  that  the  state's
 mission  to  address  the  ever-growing  social  and  emotional needs of
 students, which have only been intensified  by  the  COVID-19  pandemic,
 will  be  advanced through the licensure of school psychologists and the
 meaningful involvement of these trained practitioners in the development
 of a school and community based strategy of response and support.
   § 2. 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.
   § 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.
   §  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".
   § 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 INDIVIDUALS OR GROUPS OF INDIVIDUALS AGED BIRTH TO TWENTY-FIVE
 YEARS 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 OR GROUP OF INDIVIDUALS AGE  BIRTH  TO  TWENTY-
 FIVE YEARS; 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.
   §  8723.    REQUIREMENTS  FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A
 LICENSE AS A LICENSED SCHOOL PSYCHOLOGIST, AN  APPLICANT  SHALL  FULFILL
 THE FOLLOWING REQUIREMENTS:

 A. 545--A                           3
 
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2.  EDUCATION:  COMPLETE A MINIMUM OF SIXTY GRADUATE SEMESTER HOURS IN
 PSYCHOLOGY CREDITS INCLUDING A MASTER'S DEGREE AND FULFILL THE  REQUIRE-
 MENTS  OF AN ADVANCED CERTIFICATE IN SCHOOL PSYCHOLOGY OR ITS EQUIVALENT
 OR DOCTORAL DEGREE IN SCHOOL PSYCHOLOGY FROM A PROGRAM REGISTERED BY THE
 DEPARTMENT, OR DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIV-
 ALENT 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.  SATISFACTORY  EXPERIENCE  OBTAINED  IN  AN ENTITY OPERATING
 UNDER A WAIVER ISSUED BY THE DEPARTMENT PURSUANT TO  SECTION  SIXTY-FIVE
 HUNDRED  THREE-A  OF  THIS  TITLE  MAY  BE  ACCEPTED  BY THE DEPARTMENT,
 NOTWITHSTANDING THAT SUCH EXPERIENCE MAY HAVE BEEN OBTAINED PRIOR TO THE
 EFFECTIVE DATE OF SUCH SECTION SIXTY-FIVE HUNDRED THREE-A  AND/OR  PRIOR
 TO  THE  ENTITY  HAVING  OBTAINED A WAIVER. THE DEPARTMENT MAY, FOR GOOD
 CAUSE SHOWN, ACCEPT SATISFACTORY  EXPERIENCE  THAT  WAS  OBTAINED  IN  A
 SETTING  THAT  WOULD  HAVE  BEEN ELIGIBLE FOR A WAIVER BUT WHICH HAS NOT
 OBTAINED A WAIVER FROM THE DEPARTMENT OR EXPERIENCE THAT WAS OBTAINED IN
 GOOD FAITH BY THE APPLICANT UNDER THE BELIEF THAT  APPROPRIATE  AUTHORI-
 ZATION  HAD BEEN OBTAINED FOR THE EXPERIENCE, PROVIDED THAT SUCH EXPERI-
 ENCE MEETS ALL OTHER REQUIREMENTS FOR ACCEPTABLE EXPERIENCE;
   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 ONE HUNDRED SEVENTY-FIVE DOLLARS TO THE  DEPART-
 MENT  FOR  ADMISSION  TO  A  DEPARTMENT CONDUCTED EXAMINATION AND FOR AN
 INITIAL LICENSE AND A FEE OF ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIEN-
 NIAL REGISTRATION PERIOD.
   § 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-

 A. 545--A                           4
 
 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.
   § 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.
   §  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
 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 THIS  ARTICLE;  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,

 A. 545--A                           5
 
 LICENSED CREATIVE ARTS THERAPIST,  LICENSED  PSYCHOANALYST  OR  LICENSED
 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.
   §  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 AS AUTHORIZED BY ARTICLE ONE HUNDRED FIFTY-THREE  OF
 THIS TITLE OR ANY OTHER PROVISION OF LAW, FOR TWO OF THE PAST FIVE YEARS
 PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE; OR
   (B)  PERFORMED  THE  DUTIES  OF A SCHOOL PSYCHOLOGIST AS AUTHORIZED BY
 ARTICLE ONE HUNDRED FIFTY-THREE OF THIS TITLE OR ANY OTHER PROVISION  OF
 LAW,  FOR  AT LEAST FIVE YEARS PRIOR TO THE EFFECTIVE DATE OF THIS ARTI-
 CLE.
   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.

 A. 545--A                           6
 
   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.
   §  3.  Paragraph  a  of subdivision 3 of section 6507 of the education
 law, as amended by chapter 672 of the laws of 2019, 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  disabili-
 ties and voluntary reporting of abused or neglected adults to the office
 for people with developmental disabilities or the local adult protective
 services unit. Each applicant shall provide the department with documen-
 tation  showing  that he or she has completed the required training. The
 department shall provide an exemption from the child abuse and maltreat-
 ment training  requirements  to  any  applicant  who  requests  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;
   § 4. Section 7602 of the education law, as added by chapter 987 of the
 laws of 1971, is amended to read as follows:
   § 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.

 A. 545--A                           7
 
   §  5.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
 services law, as amended by section 7 of part C of  chapter  57  of  the
 laws of 2018, 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; LICENSED SCHOOL  PSYCHOLOGIST;  registered  nurse;  social
 worker;  emergency medical technician; licensed creative arts therapist;
 licensed marriage and family therapist; licensed mental  health  counse-
 lor; licensed psychoanalyst; licensed behavior analyst; certified behav-
 ior  analyst  assistant;  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;
 full  or part-time compensated school employee required to hold a tempo-
 rary coaching  license  or  professional  coaching  certificate;  social
 services  worker;  employee  of  a publicly-funded emergency shelter for
 families with children; 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;  employee or volunteer in a residential care facility
 for children that is licensed, certified or operated by  the  office  of
 children  and  family  services;  or any other child care or foster care
 worker; mental health professional; substance abuse counselor;  alcohol-
 ism counselor; all persons credentialed by the office of [alcoholism and
 substance  abuse]  ADDICTION  services  AND SUPPORTS; employees, who are
 expected to have regular and substantial contact  with  children,  of  a
 health  home  or  health  home care management agency contracting with a
 health home as designated by the department  of  health  and  authorized
 under section three hundred sixty-five-l of this chapter or such employ-
 ees  who provide home and community based services under a demonstration
 program pursuant to section eleven hundred fifteen of the federal social
 security act who are expected to have regular  and  substantial  contact
 with  children;  peace  officer;  police  officer;  district attorney or
 assistant district attorney; investigator employed in the  office  of  a
 district attorney; or other law enforcement official.
   §  6.  The  education  department,  the  office of children and family
 services, and the office of mental health are hereby directed to  estab-
 lish  a  multi-tiered  system  of support (MTSS) model of prevention and
 intervention utilizing tiered levels of universal support  services  and
 secondary  and  tertiary intervention services to address the social and
 emotional needs of students, that have been intensified by the  COVID-19
 pandemic, and to pilot such model in communities determined to be mental
 health  professional  shortage areas for children under the age of twen-

 A. 545--A                           8
 
 ty-five in New York state. Such model shall be designed with  the  mean-
 ingful participation of mental and behavioral health practitioners whose
 training  focuses  on the needs of children under the age of twenty-five
 including,  but not limited to, school psychologists, such practitioners
 being uniquely qualified to implement the model to  the  fullest  extent
 possible.  Such  pilot shall be designed for implementation by September
 1, 2021.
   § 7. Subparagraph (i) of paragraph  a  of  subdivision  1  of  section
 6503-a  of  the  education law, as amended by chapter 554 of the laws of
 2013, is amended to read as follows:
   (i) services  provided  under  article  one  hundred  fifty-four,  one
 hundred  sixty-three [or], one hundred sixty-seven OR ONE HUNDRED SIXTY-
 SIX-A of this title for which licensure would be required, or
   § 8. 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.
   §  9.  This  act  shall  take effect twelve months after it shall have
 become a law; provided, however, that effective immediately the  depart-
 ment  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; and
 provided, further, that the provisions of article 166-A of the education
 law, as added by section two of this act, requiring a license or limited
 permit to practice under such article shall not be enforced until  twen-
 ty-four months after the effective date of this act.