S T A T E O F N E W Y O R K
________________________________________________________________________
6008--D
2021-2022 Regular Sessions
I N A S S E M B L Y
March 4, 2021
___________
Introduced by M. of A. BRONSON, GALLAGHER, LUNSFORD, McDONALD, BARRETT,
FORREST, CLARK, STECK, SANTABARBARA, DAVILA, MEEKS, ABINANTI, BURDICK,
GUNTHER, WALSH, REILLY, ZINERMAN, STERN, JACKSON, MITAYNES, O'DONNELL,
SIMON, HUNTER, HEVESI, JENSEN, STIRPE -- Multi-Sponsored by -- M. of
A. BYRNES, SILLITTI -- read once and referred to the Committee on
Higher Education -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee -- recommitted to the
Committee on Higher Education in accordance with Assembly Rule 3, sec.
2 -- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- again reported from said commit-
tee with amendments, ordered reprinted as amended and recommitted to
said committee
AN ACT to amend the education law, in relation to education requirements
and authorization to develop assessment-based treatment plans for
certain mental health practitioners and other mental health profes-
sionals
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 and two new subdi-
visions 1-a and 4 are added 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09892-08-2
A. 6008--D 2
(b) the use of assessment instruments [and], ASSESSMENT-BASED TREAT-
MENT PLANS, mental health counseling and psychotherapy to identify,
evaluate and treat dysfunctions and disorders for purposes of providing
appropriate mental health counseling services.
1-A. MENTAL HEALTH DIAGNOSES. (A) "DIAGNOSIS" IN THE CONTEXT OF
LICENSED MENTAL HEALTH COUNSELING PRACTICE SHALL MEAN 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
THEIR SIMILAR AND UNIQUE CHARACTERISTICS CONSISTENT WITH ACCEPTED CLAS-
SIFICATION SYSTEMS.
(B) "DEVELOPMENT OF ASSESSMENT-BASED TREATMENT PLANS" IN THE CONTEXT
OF LICENSED MENTAL HEALTH COUNSELING PRACTICE SHALL MEAN THE DEVELOPMENT
OF AN INTEGRATED PLAN OF PRIORITIZED INTERVENTIONS, THAT IS BASED ON THE
DIAGNOSIS AND PSYCHOSOCIAL ASSESSMENT OF A CLIENT, TO ADDRESS MENTAL,
EMOTIONAL, BEHAVIORAL, DEVELOPMENTAL AND ADDICTIVE DISORDERS, IMPAIR-
MENTS AND DISABILITIES, REACTIONS TO ILLNESSES, INJURIES, DISABILITIES
AND IMPAIRMENTS, AND SOCIAL PROBLEMS.
(C) NOTHING IN THIS SUBDIVISION OR IN SUBDIVISION ONE OR FOUR OF THIS
SECTION SHALL BE CONSTRUED TO LIMIT THE SCOPE OF MENTAL HEALTH COUN-
SELING PRACTICE AS AUTHORIZED PRIOR TO THE EFFECTIVE DATE OF THIS SUBDI-
VISION. THE AUTHORITY TO DIAGNOSE SHALL BE AUTHORIZED ONLY IN ACCORDANCE
WITH THE PROVISIONS OF THIS ARTICLE AND REGULATIONS PROMULGATED BY THE
COMMISSIONER.
4. CERTIFICATE TO DIAGNOSE. THE COMMISSIONER SHALL ISSUE APPROPRIATE
CERTIFICATES TO DIAGNOSE IN ACCORDANCE WITH THE PROVISIONS OF THIS
SUBDIVISION TO THOSE MENTAL HEALTH COUNSELORS WHO HAVE SATISFACTORILY
COMPLETED THE FOLLOWING:
(A) STANDARD PATHWAY. A MENTAL HEALTH COUNSELOR WHO HAS COMPLETED THE
STANDARD PATHWAY SHALL HAVE:
(I) RECEIVED A MASTER'S OR HIGHER DEGREE IN MENTAL HEALTH COUNSELING
FROM A PROGRAM REGISTERED BY THE DEPARTMENT OR DETERMINED BY THE DEPART-
MENT TO BE THE SUBSTANTIAL EQUIVALENT THEREOF, WHICH SHALL INCLUDE THE
COMPLETION OF AT LEAST TWELVE CREDIT HOURS OF CLINICAL COURSES, IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. A PERSON WHO HAS
RECEIVED A MASTER'S, OR EQUIVALENT DEGREE IN COUNSELING, DURING WHICH
THEY DID NOT COMPLETE ALL TWELVE CREDIT HOURS OF CLINICAL COURSES, MAY
SATISFY SUCH REQUIREMENT BY COMPLETING ANY REMAINING EQUIVALENT POST-
GRADUATE CLINICAL COURSES, IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
LATIONS. THE GRADUATE COURSEWORK SHALL INCLUDE, BUT NOT BE LIMITED TO,
THE FOLLOWING AREAS:
(A) HUMAN GROWTH AND DEVELOPMENT;
(B) SOCIAL AND CULTURAL FOUNDATIONS OF COUNSELING;
(C) COUNSELING THEORY, DIAGNOSIS, PRACTICE AND PSYCHOPATHOLOGY;
(D) GROUP DYNAMICS;
(E) LIFESTYLE AND CAREER DEVELOPMENT;
(F) ASSESSMENT AND APPRAISAL OF INDIVIDUALS, COUPLES AND FAMILIES AND
GROUPS;
(G) RESEARCH AND PROGRAM EVALUATION;
(H) PROFESSIONAL ORIENTATION AND ETHICS;
(I) FOUNDATION OF MENTAL HEALTH COUNSELING AND CONSULTATION;
(J) CLINICAL INSTRUCTION; AND
(K) COMPLETION OF A MINIMUM ONE YEAR SUPERVISED INTERNSHIP OR PRACTI-
CUM IN MENTAL HEALTH COUNSELING; AND
(II) COMPLETED A MINIMUM OF THREE THOUSAND HOURS OF POST-MASTER'S
SUPERVISED EXPERIENCE RELEVANT TO THE PRACTICE OF MENTAL HEALTH COUN-
A. 6008--D 3
SELING, OF WHICH TWO THOUSAND HOURS SHALL BE DIRECT CLIENT CONTACT HOURS
THAT INCLUDE DIAGNOSIS, PSYCHOTHERAPY, AND ASSESSMENT-BASED TREATMENT
PLANS, SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE COMMISSION-
ER'S REGULATIONS. SATISFACTORY EXPERIENCE OBTAINED IN AN ENTITY OPERAT-
ING 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; OR
(B) ALTERNATIVE PATHWAY. THE COMMISSIONER SHALL ISSUE APPROPRIATE
CERTIFICATES TO MENTAL HEALTH COUNSELORS LICENSED PRIOR TO THE EFFECTIVE
DATE OF THIS SUBDIVISION WHO HAVE COMPLETED TWELVE CREDIT HOURS OF CLIN-
ICAL COURSES OF WHICH A MINIMUM OF THREE CREDIT HOURS SHALL INCLUDE
CONTENT IN DIAGNOSIS IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
§ 2. Paragraph (g) of subdivision 3 of section 8402 of the education
law, as amended by chapter 210 of the laws of 2004, is amended to read
as follows:
(g) Fees: Pay a fee of one hundred seventy-five dollars for an initial
license [and], a fee of one hundred seventy dollars for each triennial
registration period, AND FOR THE ADDITIONAL AUTHORIZATION FOR THE
PURPOSE OF DIAGNOSING, A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS.
§ 3. Subdivision 1 of section 8403 of the education law, as added by
chapter 676 of the laws of 2002, is amended and two new subdivisions 1-a
and 4 are added to read as follows:
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 DIAGNOSIS, assessment 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, AND ASSESSMENT-BASED TREATMENT PLANS to identify and
evaluate AND TREAT dysfunctions and disorders for purposes of providing
appropriate marriage and family therapy services.
1-A. DIAGNOSES. (A) "DIAGNOSIS" IN THE CONTEXT OF LICENSED MARRIAGE
AND FAMILY THERAPY PRACTICE SHALL MEAN THE PROCESS OF DISTINGUISHING,
BEYOND A GENERAL ASSESSMENT, 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.
A. 6008--D 4
(B) "DEVELOPMENT OF ASSESSMENT-BASED TREATMENT PLANS" IN THE CONTEXT
OF LICENSED MARRIAGE AND FAMILY THERAPY PRACTICE SHALL MEAN THE DEVELOP-
MENT OF AN INTEGRATED PLAN OF PRIORITIZED INTERVENTIONS, THAT IS BASED
ON THE DIAGNOSIS AND PSYCHOSOCIAL ASSESSMENT OF A CLIENT, TO ADDRESS
MENTAL, EMOTIONAL, BEHAVIORAL, DEVELOPMENTAL AND ADDICTIVE DISORDERS,
IMPAIRMENTS AND DISABILITIES, REACTIONS TO ILLNESSES, INJURIES, DISABIL-
ITIES AND IMPAIRMENTS, AND SOCIAL PROBLEMS.
(C) NOTHING IN THIS SUBDIVISION OR IN SUBDIVISION ONE OR FOUR OF THIS
SECTION SHALL BE CONSTRUED TO LIMIT THE SCOPE OF MARRIAGE AND FAMILY
THERAPY PRACTICE AS AUTHORIZED PRIOR TO THE EFFECTIVE DATE OF THIS
SUBDIVISION. THE AUTHORITY TO DIAGNOSE SHALL BE AUTHORIZED ONLY IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE AND REGULATIONS PROMUL-
GATED BY THE COMMISSIONER.
4. CERTIFICATE TO DIAGNOSE. THE COMMISSIONER SHALL ISSUE APPROPRIATE
CERTIFICATES TO DIAGNOSE IN ACCORDANCE WITH THE PROVISIONS OF THIS
SUBDIVISION TO THOSE MARRIAGE AND FAMILY COUNSELORS WHO HAVE SATISFAC-
TORILY COMPLETED THE FOLLOWING:
(A) STANDARD PATHWAY. A MARRIAGE AND FAMILY COUNSELOR WHO HAS
COMPLETED THE STANDARD PATHWAY SHALL HAVE:
(I) RECEIVED A MASTER'S OR DOCTORAL DEGREE WITH A MINIMUM OF SIXTY
CREDIT HOURS IN MARRIAGE AND FAMILY THERAPY FROM A PROGRAM REGISTERED BY
THE DEPARTMENT, OR DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL
EQUIVALENT, WHICH SHALL INCLUDE THE COMPLETION OF AT LEAST TWELVE CREDIT
HOURS OF CLINICAL COURSEWORK, IN ACCORDANCE WITH THE COMMISSIONER'S
REGULATIONS OR A GRADUATE DEGREE IN AN ALLIED FIELD FROM A PROGRAM
REGISTERED BY THE DEPARTMENT AND GRADUATE LEVEL COURSEWORK DETERMINED TO
BE EQUIVALENT TO THAT REQUIRED IN A PROGRAM REGISTERED BY THE DEPART-
MENT. A PERSON WHO HAS RECEIVED A MASTER'S OR EQUIVALENT DEGREE IN
MARRIAGE AND FAMILY THERAPY DURING WHICH THEY DID NOT COMPLETE ALL
TWELVE CREDIT HOURS OF CLINICAL COURSES, MAY SATISFY SUCH REQUIREMENT BY
COMPLETING ANY REMAINING EQUIVALENT POST-GRADUATE CLINICAL COURSES, IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. SUCH COURSEWORK SHALL
INCLUDE, BUT NOT BE LIMITED TO:
(A) THE STUDY OF HUMAN DEVELOPMENT, INCLUDING INDIVIDUAL, CHILD AND
FAMILY DEVELOPMENT;
(B) DIAGNOSIS AND PSYCHOPATHOLOGY;
(C) MARITAL AND FAMILY THERAPY;
(D) FAMILY LAW;
(E) RESEARCH;
(F) PROFESSIONAL ETHICS; AND
(G) A PRACTICUM OF AT LEAST THREE HUNDRED CLIENT CONTACT HOURS; AND
(II) COMPLETED A MINIMUM OF TWO THOUSAND HOURS OF POST-MASTER'S SUPER-
VISED EXPERIENCE RELEVANT TO THE PRACTICE OF MARRIAGE AND FAMILY THERAPY
COMPRISED OF DIRECT CLIENT CONTACT HOURS INCLUDING DIAGNOSIS, PSYCHOTH-
ERAPY AND ASSESSMENT-BASED TREATMENT PLANS. 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 WAIV-
ER. THE DEPARTMENT MAY, FOR GOOD CAUSE SHOWN, ACCEPT SATISFACTORY EXPE-
RIENCE 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 AUTHORIZATION HAD BEEN OBTAINED FOR THE EXPERI-
A. 6008--D 5
ENCE, PROVIDED THAT SUCH EXPERIENCE MEETS ALL OTHER REQUIREMENTS FOR
ACCEPTABLE EXPERIENCE;
(B) ALTERNATIVE PATHWAY. THE COMMISSIONER SHALL ISSUE APPROPRIATE
CERTIFICATES TO MARRIAGE AND FAMILY THERAPISTS LICENSED PRIOR TO THE
EFFECTIVE DATE OF THIS SUBDIVISION WHO HAVE COMPLETED TWELVE CREDIT
HOURS OF CLINICAL COURSES OF WHICH A MINIMUM OF THREE CREDIT HOURS SHALL
INCLUDE CONTENT IN DIAGNOSIS IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
LATIONS.
§ 4. Paragraph (g) of subdivision 3 of section 8403 of the education
law, as amended by chapter 210 of the laws of 2004, is amended to read
as follows:
(g) Fees: Pay a fee of one hundred seventy-five dollars for an initial
license [and], a fee of one hundred seventy dollars for each triennial
registration period, AND FOR THE ADDITIONAL AUTHORIZATION FOR THE
PURPOSE OF DIAGNOSING, A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS.
§ 5. Subdivision 1 of section 8405 of the education law, as added by
chapter 676 of the laws of 2002, is amended and two new subdivisions 1-a
and 4 are added 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, DIAGNOSIS and interpre-
tation 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 interpersonal relationships
and emotional development, to facilitate changes in personality and
behavior through the use of verbal and nonverbal cognitive and emotional
communication, and to develop adaptive functioning; and
(b) the use of assessment instruments [and], mental health counseling
and psychotherapy, AND ASSESSMENT-BASED TREATMENT PLANS to identify,
evaluate and treat dysfunctions and disorders for purposes of providing
appropriate psychoanalytic services.
1-A. DIAGNOSES. (A) "DIAGNOSIS" IN THE CONTEXT OF LICENSED PSYCHOANAL-
YSIS PRACTICE SHALL MEAN THE PROCESS OF DISTINGUISHING, BEYOND A GENERAL
PSYCHOANALYSIS ASSESSMENT, 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.
(B) "DEVELOPMENT OF ASSESSMENT-BASED TREATMENT PLANS" IN THE CONTEXT
OF LICENSED PSYCHOANALYSIS PRACTICE SHALL MEAN THE DEVELOPMENT OF AN
INTEGRATED PLAN OF PRIORITIZED INTERVENTIONS, THAT IS BASED ON THE DIAG-
NOSIS AND PSYCHOSOCIAL ASSESSMENT OF A CLIENT, TO ADDRESS MENTAL,
EMOTIONAL, BEHAVIORAL, DEVELOPMENTAL AND ADDICTIVE DISORDERS, IMPAIR-
MENTS AND DISABILITIES, REACTIONS TO ILLNESSES, INJURIES, DISABILITIES
AND IMPAIRMENTS, AND SOCIAL PROBLEMS.
(C) NOTHING IN THIS SUBDIVISION OR IN SUBDIVISION ONE OR FOUR OF THIS
SECTION SHALL BE CONSTRUED TO LIMIT THE SCOPE OF LICENSED PSYCHOANALYSIS
PRACTICE AS AUTHORIZED PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION.
THE AUTHORITY TO DIAGNOSE SHALL BE AUTHORIZED ONLY IN ACCORDANCE WITH
THE PROVISIONS OF THIS ARTICLE AND REGULATIONS PROMULGATED BY THE
COMMISSIONER.
4. CERTIFICATE TO DIAGNOSE. THE COMMISSIONER SHALL ISSUE APPROPRIATE
CERTIFICATES TO DIAGNOSE IN ACCORDANCE WITH THE PROVISION OF THIS SUBDI-
VISION TO THOSE PSYCHOANALYSTS WHO HAVE SATISFACTORILY COMPLETED THE
FOLLOWING:
(A) STANDARD PATHWAY. A PSYCHOANALYST WHO HAS COMPLETED THE STANDARD
PATHWAY SHALL HAVE:
A. 6008--D 6
(I) RECEIVED A MASTER'S DEGREE OR HIGHER FROM A DEGREE-GRANTING
PROGRAM REGISTERED BY THE DEPARTMENT OR THE SUBSTANTIAL EQUIVALENT AND
HAVE COMPLETED A PROGRAM OF STUDY REGISTERED BY THE DEPARTMENT IN A
PSYCHOANALYTIC INSTITUTE CHARTERED BY THE BOARD OF REGENTS OR THE
SUBSTANTIAL EQUIVALENT AS DETERMINED BY THE DEPARTMENT. THE PROGRAM OF
STUDY IN A PSYCHOANALYTIC INSTITUTE SHALL INCLUDE COURSEWORK SUBSTAN-
TIALLY EQUIVALENT TO COURSEWORK REQUIRED FOR A MASTER'S DEGREE IN A
HEALTH OR MENTAL HEALTH FIELD OF STUDY WHICH SHALL ALSO INCLUDE THE
COMPLETION OF AT LEAST TWELVE CREDIT HOURS, OR THE SUBSTANTIAL EQUIV-
ALENT, OF CLINICAL COURSES, AS DETERMINED BY THE DEPARTMENT. AN INDIVID-
UAL WHO HAS COMPLETED A LICENSED PSYCHOANALYST PROGRAM THAT DID NOT
INCLUDE TWELVE CREDIT HOURS, OR THE SUBSTANTIAL EQUIVALENT, OF CLINICAL
COURSES MAY SATISFY SUCH REQUIREMENT BY COMPLETING ANY REMAINING EQUIV-
ALENT POST-GRADUATE CLINICAL COURSES, IN ACCORDANCE WITH THE COMMISSION-
ER'S REGULATIONS. THE COURSEWORK SHALL INCLUDE, BUT NOT BE LIMITED TO,
THE FOLLOWING AREAS:
(A) PERSONALITY DEVELOPMENT;
(B)_PSYCHOANALYTIC THEORY OF PSYCHOPATHOLOGY;
(C) DIAGNOSIS, AND PSYCHOANALYTIC THEORY OF PSYCHODIAGNOSIS;
(D) SOCIOCULTURAL INFLUENCE ON GROWTH AND PSYCHOPATHOLOGY;
(E) PRACTICE TECHNIQUE (INCLUDING DREAMS AND SYMBOLIC PROCESSES);
(F) ANALYSIS OF RESISTANCE, TRANSFERENCE, AND COUNTERTRANSFERENCE;
(G) CASE SEMINARS ON CLINICAL PRACTICE;
(H) PRACTICE IN PSYCHOPATHOLOGY AND PSYCHODIAGNOSIS;
(I) PROFESSIONAL ETHICS AND PSYCHOANALYTIC RESEARCH METHODOLOGY; AND
(J) A MINIMUM OF THREE HUNDRED HOURS OF PERSONAL ANALYSIS AND ONE
HUNDRED FIFTY HOURS OF SUPERVISED ANALYSIS; AND
(II) COMPLETED A MINIMUM OF TWO THOUSAND HOURS OF SUPERVISED CLINICAL
PRACTICE RELEVANT TO THE PRACTICE OF PSYCHOANALYSIS COMPRISED OF DIRECT
CLIENT CONTACT HOURS INCLUDING DIAGNOSIS, PSYCHOTHERAPY, AND ASSESS-
MENT-BASED TREATMENT PLANS SATISFACTORY TO THE DEPARTMENT AND IN ACCORD-
ANCE WITH THE COMMISSIONER'S REGULATIONS. THIS SUPERVISED CLINICAL PRAC-
TICE MAY NOT BEGIN PRIOR TO THE SUCCESSFUL COMPLETION OF TWO YEARS OF
COURSEWORK THAT INCLUDES TWELVE CREDIT HOURS, OR THE SUBSTANTIAL EQUIV-
ALENT, OF CLINICAL COURSEWORK, AS DETERMINED BY THE DEPARTMENT. SATIS-
FACTORY 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 EXPE-
RIENCE 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 APPLI-
CANT UNDER THE BELIEF THAT APPROPRIATE AUTHORIZATION HAD BEEN OBTAINED
FOR THE EXPERIENCE, PROVIDED THAT SUCH EXPERIENCE MEETS ALL OTHER
REQUIREMENTS FOR ACCEPTABLE EXPERIENCE; OR
(B) ALTERNATIVE PATHWAY. THE COMMISSIONER SHALL ISSUE APPROPRIATE
CERTIFICATES TO PSYCHOANALYSTS LICENSED PRIOR TO THE EFFECTIVE DATE OF
THIS SUBDIVISION WHO HAVE COMPLETED TWELVE CREDIT HOURS, OR THE SUBSTAN-
TIAL EQUIVALENT, OF CLINICAL COURSES OF WHICH A MINIMUM OF THREE CREDIT
HOURS, OR THE SUBSTANTIAL EQUIVALENT, SHALL INCLUDE CONTENT IN DIAGNOSIS
IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
§ 6. Paragraph (g) of subdivision 3 of section 8405 of the education
law, as amended by chapter 210 of the laws of 2004, is amended to read
as follows:
A. 6008--D 7
(g) Fees: Pay a fee of one hundred seventy-five dollars for an initial
license [and], a fee of one hundred seventy dollars for each triennial
registration period, AND FOR THE ADDITIONAL AUTHORIZATION FOR THE
PURPOSE OF DIAGNOSING, A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS.
§ 7. Subdivision 2 of section 8409 of the education law, as amended by
chapter 485 of the laws of 2013, is amended to read as follows:
2. Limited permits shall be for [two] THREE years; such limited
permits may be renewed, at the discretion of the department, for up to
two additional one year periods.
§ 8. Subparagraph (i) of paragraph (c) of subdivision 8 of section
8410 of the education law, as amended by section 5 of part Y of chapter
57 of the laws of 2018, is amended to read as follows:
(i) Prevent a person without a license from participating as a member
of a multi-disciplinary team to assist in the development of or imple-
mentation of a behavioral health services or treatment plan; provided
that such team shall include one or more professionals licensed under
this article or articles one hundred thirty-one, one hundred thirty-
nine, one hundred fifty-three or one hundred fifty-four of this chapter;
and provided, further, that the activities performed by members of the
team shall be consistent with the scope of practice for each team member
licensed or authorized under THIS title [VIII of this chapter], and
those who are not so authorized may not engage in the following
restricted practices: the diagnosis of mental, emotional, behavioral,
addictive and developmental disorders and disabilities; patient assess-
ment and evaluating; the provision of psychotherapeutic treatment; the
provision of treatment other than psychotherapeutic treatment; or inde-
pendently developing and implementing assessment-based treatment plans
[as defined in section seventy-seven hundred one of this chapter].
§ 9. Subparagraph (i) of paragraph (c) of subdivision 7 of section
7706 of the education law, as amended by section 4 of part Y of chapter
57 of the laws of 2018, is amended to read as follows:
(i) Prevent a person without a license from participating as a member
of a multi-disciplinary team to assist in the development of or imple-
mentation of a behavioral health services or treatment plan; provided
that such team shall include one or more professionals licensed under
this article or articles one hundred thirty-one, one hundred thirty-
nine, one hundred fifty-three or one hundred sixty-three of this chap-
ter; and provided, further, that the activities performed by members of
the team shall be consistent with the scope of practice for each team
member licensed or authorized under THIS title [VIII of this chapter],
and those who are not so authorized may not engage in the following
restricted practices: the diagnosis of mental, emotional, behavioral,
addictive and developmental disorders and disabilities; patient assess-
ment and evaluating; the provision of psychotherapeutic treatment; the
provision of treatment other than psychotherapeutic treatment; or inde-
pendently developing and implementing assessment-based treatment plans
[as defined in section seventy-seven hundred one of this article].
§ 10. Subparagraph (i) of paragraph (c) of subdivision 10 of section
7605 of the education law, as amended by section 2 of part Y of chapter
57 of the laws of 2018, is amended to read as follows:
(i) A person without a license from participating as a member of a
multi-disciplinary team to assist in the development of or implementa-
tion of a behavioral health services or treatment plan; provided that
such team shall include one or more professionals licensed under this
article or articles one hundred thirty-one, one hundred thirty-nine, one
hundred fifty-four or one hundred sixty-three of this chapter; and
A. 6008--D 8
provided, further, that the activities performed by members of the team
shall be consistent with the scope of practice for each team member
licensed or authorized under THIS title [VIII of this chapter], and
those who are not so authorized may not engage in the following
restricted practices: the diagnosis of mental, emotional, behavioral,
addictive and developmental disorders and disabilities; patient assess-
ment and evaluating; the provision of psychotherapeutic treatment; the
provision of treatment other than psychotherapeutic treatment; or inde-
pendently developing and implementing assessment-based treatment plans
[as defined in section seventy-seven hundred one of this title].
§ 11. Subdivision 9 of section 8410 of the education law, as amended
by chapter 159 of the laws of 2021, is amended to read as follows:
9. Notwithstanding any other provision of law to the contrary, nothing
in this article shall be construed to prohibit or limit the activities
or services provided under this article by any person who is employed or
who commences employment in a program or service operated, regulated,
funded, or approved by the department of mental hygiene, the office of
children and family services, the department of corrections and communi-
ty supervision, the office of temporary and disability assistance, the
state office for the aging and the department of health or a local
governmental unit as that term is defined in section 41.03 of the mental
hygiene law or a social services district as defined in section sixty-
one of the social services law on or before two years from the date that
the regulations issued in accordance with section six of part Y of chap-
ter fifty-seven of the laws of two thousand eighteen appear in the state
register or are adopted, whichever is later. Such prohibitions or limi-
tations shall not apply to such employees for as long as they remain
employed by such programs or services and whether they remain employed
by the same or other employers providing such programs or services.
Provided however, that any person who commences employment in such
program or service after such date and performs services that are
restricted under this article shall be appropriately licensed or author-
ized under this article. Each state oversight agency shall create and
maintain a process to verify employment history of individuals exempt
under this subdivision. PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, LICENSED MENTAL HEALTH COUNSE-
LOR, LICENSED MARRIAGE AND FAMILY THERAPIST, AND LICENSED PSYCHOANALYST
EMPLOYED IN A PROGRAM OR SERVICE OPERATED, REGULATED, FUNDED, OR
APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE OFFICE OF CHILDREN AND
FAMILY SERVICES, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION, THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, THE STATE
OFFICE FOR THE AGING AND THE DEPARTMENT OF HEALTH OR A LOCAL GOVERN-
MENTAL UNIT AS DEFINED BY SECTION 41.03 OF THE MENTAL HYGIENE LAW OR A
SOCIAL SERVICES DISTRICT AS DEFINED BY SECTION SIXTY-ONE OF THE SOCIAL
SERVICES LAW PRIOR TO JUNE TWENTY-FOURTH, TWO THOUSAND TWENTY-TWO MAY
DIAGNOSE AND DEVELOP ASSESSMENT-BASED TREATMENT PLANS AS LONG AS THEY
REMAIN EMPLOYED BY SUCH PROGRAMS, PROVIDED HOWEVER, SUCH LICENSED MENTAL
HEALTH COUNSELOR, LICENSED MARRIAGE AND FAMILY THERAPIST AND LICENSED
PSYCHOANALYST IS REQUIRED TO HOLD A CERTIFICATE TO DIAGNOSE BY THE
COMMISSIONER TWO YEARS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND TWENTY-TWO THAT AMENDED THIS SUBDIVISION.
§ 12. Subdivision 8 of section 7706 of the education law, as amended
by chapter 159 of the laws of 2021, is amended to read as follows:
8. Notwithstanding any other provision of law to the contrary, nothing
in this article shall be construed to prohibit or limit the activities
or services provided under this article by any person who is employed or
A. 6008--D 9
who commences employment in a program or service operated, regulated,
funded, or approved by the department of mental hygiene, the office of
children and family services, the department of corrections and communi-
ty supervision, the office of temporary and disability assistance, the
state office for the aging and the department of health or a local
governmental unit as that term is defined in section 41.03 of the mental
hygiene law or a social services district as defined in section sixty-
one of the social services law on or before two years from the date that
the regulations issued in accordance with section six of part Y of chap-
ter fifty-seven of the laws of two thousand eighteen appear in the state
register or are adopted, whichever is later. Such prohibitions or limi-
tations shall not apply to such employees for as long as they remain
employed by such programs or services and whether they remain employed
by the same or other employers providing such programs or services.
Provided however, that any person who commences employment in such
program or service after such date and performs services that are
restricted under this article shall be appropriately licensed or author-
ized under this article. Each state oversight agency shall create and
maintain a process to verify employment history of individuals exempt
under this subdivision. PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, LICENSED MENTAL HEALTH COUNSE-
LOR, LICENSED MARRIAGE AND FAMILY THERAPIST, AND LICENSED PSYCHOANALYST
EMPLOYED IN A PROGRAM OR SERVICE OPERATED, REGULATED, FUNDED, OR
APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE OFFICE OF CHILDREN AND
FAMILY SERVICES, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION, THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, THE STATE
OFFICE FOR THE AGING AND THE DEPARTMENT OF HEALTH OR A LOCAL GOVERN-
MENTAL UNIT AS DEFINED IN SECTION 41.03 OF THE MENTAL HYGIENE LAW OR A
SOCIAL SERVICES DISTRICT AS DEFINED IN SECTION SIXTY-ONE OF THE SOCIAL
SERVICES LAW PRIOR TO JUNE TWENTY-FOURTH, TWO THOUSAND TWENTY-TWO MAY
DIAGNOSE AND DEVELOP ASSESSMENT-BASED TREATMENT PLANS AS LONG AS THEY
REMAIN EMPLOYED BY SUCH PROGRAMS, PROVIDED HOWEVER, SUCH LICENSED MENTAL
HEALTH COUNSELOR, LICENSED MARRIAGE AND FAMILY THERAPIST AND LICENSED
PSYCHOANALYST IS REQUIRED TO HOLD A CERTIFICATE TO DIAGNOSE BY THE
COMMISSIONER TWO YEARS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND TWENTY-TWO THAT AMENDED THIS SUBDIVISION.
§ 13. Subdivision 12 of section 7605 of the education law, as amended
by chapter 159 of the laws of 2021, is amended to read as follows:
12. Notwithstanding any other provision of law to the contrary, noth-
ing in this article shall be construed to prohibit or limit the activ-
ities or services provided under this article by any person who is
employed or who commences employment in a program or service operated,
regulated, funded, or approved by the department of mental hygiene, the
office of children and family services, or a local governmental unit as
that term is defined in section 41.03 of the mental hygiene law or a
social services district as defined in section sixty-one of the social
services law on or before two years from the date that the regulations
issued in accordance with section six of part Y of chapter fifty-seven
of the laws of two thousand eighteen appear in the state register or are
adopted, whichever is later. Such prohibitions or limitations shall not
apply to such employees for as long as they remain employed by such
programs or services and whether they remain employed by the same or
other employers providing such programs or services. Provided, however,
that any person who commences employment in such program or service
after such date and performs services that are restricted under this
article shall be appropriately licensed or authorized under this arti-
A. 6008--D 10
cle. Each state oversight agency shall create and maintain a process to
verify employment history of individuals exempt under this subdivision.
PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO
THE CONTRARY, LICENSED MENTAL HEALTH COUNSELOR, LICENSED MARRIAGE AND
FAMILY THERAPIST, AND LICENSED PSYCHOANALYST EMPLOYED IN A PROGRAM OR
SERVICE OPERATED, REGULATED, FUNDED, OR APPROVED BY THE DEPARTMENT OF
MENTAL HYGIENE, THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE DEPART-
MENT OF CORRECTIONS AND COMMUNITY SUPERVISION, THE OFFICE OF TEMPORARY
AND DISABILITY ASSISTANCE, THE STATE OFFICE FOR THE AGING AND THE
DEPARTMENT OF HEALTH OR A LOCAL GOVERNMENTAL UNIT AS DEFINED IN SECTION
41.03 OF THE MENTAL HYGIENE LAW OR A SOCIAL SERVICES DISTRICT AS DEFINED
IN SECTION SIXTY-ONE OF THE SOCIAL SERVICES LAW PRIOR TO JUNE TWENTY-
FOURTH, TWO THOUSAND TWENTY-TWO MAY DIAGNOSE AND DEVELOP ASSESSMENT-
BASED TREATMENT PLANS AS LONG AS THEY REMAIN EMPLOYED BY SUCH PROGRAMS
OR SERVICES AND WHETHER THEY REMAIN EMPLOYED BY THE SAME OR OTHER
EMPLOYERS PROVIDING SUCH PROGRAMS OR SERVICES, PROVIDED HOWEVER, SUCH
LICENSED MENTAL HEALTH COUNSELOR, LICENSED MARRIAGE AND FAMILY THERAPIST
AND LICENSED PSYCHOANALYST IS REQUIRED TO HOLD A CERTIFICATE TO DIAGNOSE
BY THE COMMISSIONER TWO YEARS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF
THE LAWS OF TWO THOUSAND TWENTY-TWO THAT AMENDED THIS SUBDIVISION.
§ 14. This act shall take effect on first day of the eighteenth full
month after it shall have become a law; provided, however that sections
eleven, twelve and thirteen of this act shall take effect on June 24,
2022. Effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
or before its effective date are authorized to be made and completed on
or before such effective date.