senate Bill S5301A

2021-2022 Legislative Session

Relates to required clinical education for certain mental health practitioners

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Higher Education Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 24, 2021 print number 5301a
Mar 24, 2021 amend (t) and recommit to higher education
Mar 01, 2021 referred to higher education

S5301 - Details

Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Amd Ed L, generally

S5301 - Summary

Requires clinical experience for certain mental health practitioners; allows such practitioners to make assessment-based treatment plans; makes related provisions.

S5301 - Sponsor Memo

S5301 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5301
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2021
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education law, in relation to  mandatory  continuing
   education  for mental health practitioners and clarifies authorization
   to practice

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The education law is amended by adding a new section 8413
 to read as follows:
   § 8413. MANDATORY CONTINUING EDUCATION. 1. REQUIREMENT  OF  CONTINUING
 EDUCATION.
   (A)  EACH LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERA-
 PIST, PSYCHOANALYST, AND CREATIVE ARTS  THERAPIST  REQUIRED  UNDER  THIS
 ARTICLE  TO  REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THE
 STATE SHALL COMPLY WITH  THE  PROVISIONS  OF  THE  MANDATORY  CONTINUING
 EDUCATION  REQUIREMENTS  PRESCRIBED  IN  SUBDIVISION TWO OF THIS SECTION
 EXCEPT AS SET FORTH IN PARAGRAPHS  (B)  AND  (C)  OF  THIS  SUBDIVISION.
 LICENSED  MENTAL  HEALTH  COUNSELORS,  MARRIAGE  AND  FAMILY THERAPISTS,
 PSYCHOANALYSTS AND CREATIVE ARTS  THERAPISTS  WHO  DO  NOT  SATISFY  THE
 MANDATORY  CONTINUING  EDUCATION  REQUIREMENTS  SHALL NOT PRACTICE UNTIL
 THEY HAVE MET SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED  A  REGISTRA-
 TION  CERTIFICATE,  EXCEPT  THAT  A  LICENSED  MENTAL  HEALTH COUNSELOR,
 MARRIAGE AND FAMILY THERAPIST, PSYCHOANALYST, AND CREATIVE  ARTS  THERA-
 PIST  MAY  PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS
 ISSUED A CONDITIONAL REGISTRATION CERTIFICATE  PURSUANT  TO  SUBDIVISION
 THREE OF THIS SECTION.
   (B)  EACH LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERA-
 PIST, PSYCHOANALYST, AND CREATIVE ARTS THERAPIST SHALL  BE  EXEMPT  FROM
 THE  MANDATORY CONTINUING EDUCATION REQUIREMENT FOR THE TRIENNIAL REGIS-
 TRATION PERIOD DURING WHICH THEY ARE FIRST LICENSED. IN ACCORDANCE  WITH
 THE  INTENT  OF  THIS  SECTION,  ADJUSTMENT  TO THE MANDATORY CONTINUING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S5301A (ACTIVE) - Details

Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Amd Ed L, generally

S5301A (ACTIVE) - Summary

Requires clinical experience for certain mental health practitioners; allows such practitioners to make assessment-based treatment plans; makes related provisions.

S5301A (ACTIVE) - Sponsor Memo

S5301A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5301--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2021
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed  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, in relation to education requirements
   and authorization to  develop  assessment-based  treatment  plans  for
   certain  mental  health practitioners; and providing for the repeal of
   certain provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 8401 of the education law is amended by adding two
 new subdivisions 3 and 4 to read as follows:
   3. "DIAGNOSIS" OR "DIAGNOSE"  MEANS  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.
   4. "ASSESSMENT-BASED TREATMENT PLAN" REFERS TO AN INTEGRATED  PLAN  OF
 PRIORITIZED  INTERVENTIONS, THAT IS BASED ON THE DIAGNOSIS AND PSYCHOSO-
 CIAL ASSESSMENT OF A CLIENT, TO ADDRESS MENTAL,  EMOTIONAL,  BEHAVIORAL,
 DEVELOPMENTAL  AND  ADDICTIVE  DISORDERS,  IMPAIRMENTS AND DISABILITIES,
 REACTIONS TO ILLNESSES,  INJURIES,  DISABILITIES  AND  IMPAIRMENTS,  AND
 SOCIAL PROBLEMS.
   §  2.  Section  8402  of  the education law is amended by adding a new
 subdivision 4 to read as follows:
   4. LICENSED MENTAL HEALTH COUNSELORS LICENSED  AFTER  JUNE  THIRTIETH,
 TWO THOUSAND TWENTY-SIX, AND MENTAL HEALTH COUNSELORS WHO HAVE SATISFIED
 THE REQUIREMENTS UNDER SECTION EIGHTY-FOUR HUNDRED TWO-A OF THIS ARTICLE
 MAY DIAGNOSE AND DEVELOP ASSESSMENT-BASED TREATMENT PLANS.
   §  3.  Paragraphs  (b) and (c) of subdivision 3 of section 8402 of the
 education law, paragraph (b) as added by chapter 676 of the laws of 2002
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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