senate Bill S5301B

2021-2022 Legislative Session

Relates to required clinical education for certain mental health practitioners and other mental health professionals

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Sponsored By

Current Bill Status - In Senate Committee Rules 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 (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 03, 2022 committed to rules
May 02, 2022 advanced to third reading
Apr 27, 2022 2nd report cal.
Apr 26, 2022 1st report cal.878
Mar 22, 2022 print number 5301b
Mar 22, 2022 amend (t) and recommit to higher education
Jan 05, 2022 referred to higher education
Mar 24, 2021 print number 5301a
Mar 24, 2021 amend (t) and recommit to higher education
Mar 01, 2021 referred to higher education

Votes

view votes

Apr 26, 2022 - Higher Education committee Vote

S5301B
11
0
committee
11
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Higher Education committee vote details

Higher Education Committee Vote: Apr 26, 2022

S5301 - Details

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

S5301 - Summary

Requires clinical experience for certain mental health practitioners and other mental health professionals; 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 - Details

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

S5301A - Summary

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

S5301A - Sponsor Memo

S5301A - 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.

Sponsor's Position

Addressing our mental health workforce shortage by authorizing more licensed practitioners to diagnose & develop assessment-based treatments

Co-Sponsors

view additional co-sponsors

S5301B (ACTIVE) - Details

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

S5301B (ACTIVE) - Summary

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

S5301B (ACTIVE) - Sponsor Memo

S5301B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5301--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2021
                                ___________
 
 Introduced  by Sens. BROUK, BAILEY, BRISPORT, BROOKS, HARCKHAM, HOYLMAN,
   JACKSON, MANNION, ORTT, REICHLIN-MELNICK, SKOUFIS --  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 -- recommitted
   to the Committee on Higher Education in accordance with Senate Rule 6,
   sec. 8 -- 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 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
   (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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09892-10-2

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