S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2033
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  L. ROSENTHAL, OTIS, STIRPE, BENEDETTO, FAHY,
   ZEBROWSKI, DICKENS, PAULIN, HEVESI,  CRUZ,  REYES,  GALLAGHER,  JONES,
   KELLES,  LUPARDO,  MIKULIN, WALSH, BURGOS, ZINERMAN, AUBRY, SEAWRIGHT,
   DINOWITZ, SAYEGH, BICHOTTE HERMELYN, GUNTHER, CLARK,  SMITH,  FORREST,
   JACKSON,  HYNDMAN, CARROLL, SILLITTI -- Multi-Sponsored by -- M. of A.
   BRAUNSTEIN, EPSTEIN, McDONOUGH  --  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
 
   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 the ever-growing social and emotional needs of children  and  youth
 have  only  been  intensified by the COVID-19 pandemic.  The legislature
 acknowledges that the U.S. Surgeon General has declared a national emer-
 gency in relation to children's mental  health,  and  that  parents  and
 professionals  are  calling for greater access to mental health services
 for children. The legislature therefore intends, as we emerge  from  the
 pandemic, that we ensure services are available for children, youth, and
 their  parents  to  seek  the help they need by allowing school psychol-
 ogists to assist these individuals outside of a traditional setting. The
 legislature finds that increasing the number  of  trained  professionals
 who are able to provide mental health services outside of an educational
 setting will be positive for the children, parents, school, and society.
 School  psychologists  are  trained and educated in psychopathology, the
 psychology of learning, motivation and human  development  in  order  to
 address  the  many  factors  influencing  their adjustment in school and
 life.  Accordingly,  these  factors  may  include  trauma,  social   and
 emotional adjustment, inequitable and historically marginalized communi-
 ty  conditions, school climate, and home/school/community collaboration.
 The legislature therefore declares that by addressing the needs of chil-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05604-02-3
              

 A. 2033                             2
 
 dren through prevention services, assessments and/or counseling,  school
 psychologists  can  contribute  to their future success. It is important
 that school psychologists are held to specific  standards  and  require-
 ments that will ensure competent services.
   §  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
                 "LICENSED 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 "LICENSED
 SCHOOL PSYCHOLOGIST".  ONLY A PERSON LICENSED OR EXEMPT UNDER THIS ARTI-
 CLE 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
 A. 2033                             3
 
 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) PROFESSIONAL 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
 A. 2033                             4
 
 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,
 LICENSED  CREATIVE  ARTS  THERAPIST,  LICENSED PSYCHOANALYST OR LICENSED
 APPLIED BEHAVIOR ANALYST MAY USE THE TITLE UNLESS  LICENSED  UNDER  THIS
 ARTICLE;
 A. 2033                             5
 
   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.
   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. 2033                             6
 
   §  3.  Paragraph  a  of subdivision 3 of section 6507 of the education
 law, as amended by chapter 479 of the laws of 2022, 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  hygienist,  licensed
 behavior  analyst,  or  certified  behavior  analyst assistant shall, in
 addition to all the other licensure, certification  or  permit  require-
 ments,  have completed two hours of coursework or training regarding 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 information 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 information regard-
 ing  the  physical and behavioral indicators of the abuse of individuals
 with developmental disabilities and voluntary  reporting  of  abused  or
 neglected  adults  to the office for people with developmental disabili-
 ties or the local adult protective services unit.  Each applicant  shall
 provide  the  department  with  documentation showing that he or she has
 completed  the  required  training.  The  department  shall  provide  an
 exemption from the child abuse and maltreatment 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) The following persons and officials  are  required  to  report  or
 cause  a  report to be made in accordance with this title when they have
 A. 2033                             7
 
 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. 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
   § 7. 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.
 A. 2033                             8
 
   §  8.  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.