NY State Senate Bill 2023-S4463

Senate Bill S4463

2023-2024 Legislative Session

Relates to requirements for licensure of certain mental health practitioners and providing such mental health practitioners authority to give diagnosis

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Current Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to higher education
Feb 09, 2023	referred to higher education

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2023-S4463 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd Ed L, generally
Versions Introduced in 2021-2022 Legislative Session:: S3221

2023-S4463 (ACTIVE) - Summary

Relates to requirements for licensure of mental health counselors and marriage and family therapists and providing mental health counselors and marriage and family therapists authority to give diagnosis.

2023-S4463 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4463

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the education law, in relation to requirements for
licensure of certain mental health practitioners and providing certain
mental health practitioners authority to give diagnosis

 
PURPOSE:

To establish a pathway for current and future licensed mental health
counselors, marriage and family therapists, and licensed psychoanalysts
to diagnose by amending the requirements for licensure and developing a
diagnosis privilege for those currently licensed who have satisfied
certain requirements.

 
SUMMARY OF PROVISIONS:

Section 1: Amends Section 8401 of the education law to establish a defi-
nition for the term "diagnosis" for both licensed mental health counse-
lors (LMHCs), marriage and family therapists, and licensed psycho-ana-

lysts (LPs).

Section 2: Amends Section 8402 of the education law, to change the scope
of practice of licensed mental health counselors to include the authori-
ty to diagnose after satisfying certain requirements.

Section 3: Amends Section 8402 of the education law to specify that the
education required for a license as a mental health counselor must
include 12 credit hours of clinical courses and that 2,000 of the 3,000
hours required for supervised experience be direct client contact hours.

Section 4: Creates a new section 8402-A to establish a diagnosis privi-
lege when certain requirements are satisfied by either existing LMHCs or
new applicants.

Section 5: Amends Section 8403 of the education la to change the scope
of practice of licensed marriage and family therapists to include the
authority to diagnose after satisfying certain requirements.

Section 6: Amends Section 8402 of the education law to specify that the
education required for a license as a marriage and family therapist must
include 12 credit hours of clinical courses and that 2,000 of the 3,000
hours required for the supervised experience be direct client contact
hours.

Section 7: Creates a new Section 8403-A to establish a diagnosis privi-
lege when certain requirements are satisfied by either existing MFTs or
new applicants.

Section 8: Amends Section 8405 of the education law to change the scope
of practice of licensed psychoanalysts to include the authority to diag-
nose after satisfying certain requirements.

Section 9: Amends Section 8405 of the education law to specify that the
education required for a license as a psychoanalyst must include 12
credit hours of clinical courses and the 2,000 hours required for super-
vised experience be direct client contact hours.
Section 10: Creates a new section 8405-A to establish a diagnosis privi-
lege when certain requirements are satisfied by either existing LPs or
new applicants.

Section 11: Amends Section 8409 of the education law to allow for more
time under a limited permit for both mental health counselor and
psycho-analyst applicants to gain specific experience under supervision.

Section 12: Amends Section 8410 to ensure that currently employed LPs
and LMHCs are allowed to continue the current activities set forth in
their employment when the state and municipal exemption expires.

Section 13: Creates a new section 8412-A to require, that any continuing
education courses used to satisfy the requirements for diagnosis privi-
lege be separately reviewed and approved by NYSED.

Section 14: Sets forth the effective dates.

 
JUSTIFICATION:

Chapter 676 of the Laws of 2002 provided for the license of mental
health counselors, marriage and family therapists, and licensed psycho-
analysts. These psychotherapy professionals have the authority to "use
assessment instruments and mental health counseling and psychotherapy to
identify, evaluate, and treat dysfunctions and disorders." However, none
of these professions were given the authority to diagnose.

Modeling the licensure requirements for newly licensed mental health
counselors, marriage and family therapists, and psychoanalysts to the
licensure requirements of licensed clinical social workers who currently
have the authority to diagnose will provide New Yorkers confidence that
these licensed professionals are competent to diagnose. In addition,
advancing pathways for current licensed mental health counselors,
marriage and family therapists, and licensed psychoanalysts to achieve a
diagnosis privilege will further ensure competency.

Establishing the ability to have diagnosis privilege will enable these
highly qualified psychotherapy professionals to provide a full array of
services for those seeking mental health services. As the need for
comprehensive mental health services increases within the State's
vulnerable populations - adolescents, veterans, and the elderly -
providing a pathway to diagnosis privilege for licensed mental health
counselors, marriage and family therapists, and licensed psychoanalysts
will increase access across the state.

 
LEGISLATIVE HISTORY:

2021-2022: S.3221 referred to Higher Education/A.5751 referred to Higher
Education

2020: A.4383-A amended and recommit to Higher Education

2019: A.4383 referred to Higher Education

2018: S.6582-A/ A8757-A amended and recommit to Higher Education

2017: 5.6582 referred to Rules/A.8757 referred to Higher Education

 
FISCAL IMPLICATIONS:

Professional fees would offset any fiscal impact on the New York State
Education Department

 
EFFECTIVE DATE:
This act shall take effect one year after it shall become law, provided
that sections four, seven, and ten shall take effect on January 1, 2026,
provided further that effective immediately, the state education depart-
ment may make any rules or regulations as deemed necessary to implement
the act.

2023-S4463 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4463
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2023
                                ___________
 
 Introduced by Sens. HELMING, GALLIVAN -- 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 requirements for
   licensure of certain mental health practitioners and providing certain
   mental health practitioners authority to give diagnosis

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section 8402 of the education law, as
 added by chapter 676 of the laws of 2002, is amended to read as follows:
   2. Practice of mental health counseling and use of the titles  "mental
 health  counselor"  and  "licensed mental health counselor".  (A) Only a
 person licensed or exempt  under  this  article  shall  practice  mental
 health  counseling  or  use  the title "mental health counselor". Only a
 person licensed under this article shall use the title "licensed  mental
 health  counselor"  or  any  other designation tending to imply that the
 person is licensed to practice mental health counseling.
   (B) MENTAL HEALTH COUNSELORS WHO HAVE OBTAINED THE DIAGNOSIS PRIVILEGE
 SET FORTH IN SECTION EIGHTY-FOUR HUNDRED TWO-A OF THIS ARTICLE MAY DIAG-
 NOSE MENTAL, EMOTIONAL, BEHAVIORAL, ADDICTIVE AND  DEVELOPMENTAL  DISOR-
 DERS  AND DISABILITIES AND OF THE PSYCHOSOCIAL ASPECTS OF ILLNESS, INJU-
 RY,  DISABILITY  AND  IMPAIRMENT  UNDERTAKEN   WITHIN   A   PSYCHOSOCIAL
 FRAMEWORK.
   §  2.  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
 and paragraph (c) as amended by chapter 130 of the  laws  of  2010,  are
 amended to read as follows:
   (b)  Education:  Have  received  an education, including a master's or
 higher degree in counseling from a program registered by the  department
 or  determined by the department to be the substantial equivalent there-
 of, WHICH INCLUDES THE COMPLETION OF AT LEAST  TWELVE  CREDIT  HOURS  OF
 CLINICAL  COURSES,  in accordance with the commissioner's regulations. A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05541-01-3

 S. 4463                             2
 
 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 THIS REQUIREMENT BY COMPLETING ANY REMAINING EQUIV-
 ALENT POST-GRADUATE CLINICAL COURSES, IN ACCORDANCE WITH THE COMMISSION-
 ER'S  REGULATIONS.  The  graduate  coursework  shall include, but not be
 limited to, the following areas:
   (i) human growth and development;
   (ii) social and cultural foundations of counseling;
   (iii) counseling theory and practice and psychopathology;
   (iv) group dynamics;
   (v) lifestyle and career development;
   (vi) assessment and appraisal of individuals, couples and families and
 groups;
   (vii) research and program evaluation;
   (viii) professional orientation and ethics;
   (ix) foundations of mental health counseling and consultation;
   (x) clinical instruction; and
   (xi) completion of a minimum one year supervised internship or practi-
 cum in mental health counseling;
   (c) Experience: An applicant shall complete a minimum of  three  thou-
 sand  hours of post-master's supervised experience relevant to the prac-
 tice of mental health counseling, TWO  THOUSAND  HOURS  OF  WHICH  SHALL
 INCLUDE  DIAGNOSIS, PSYCHOTHERAPY, AND ASSESSMENT-BASED TREATMENT PLANS,
 satisfactory to the board and  in  accordance  with  the  commissioner's
 regulations.  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;
   § 3. The education law is amended by adding a new  section  8402-a  to
 read as follows:
   § 8402-A. DIAGNOSIS PRIVILEGE; MENTAL HEALTH COUNSELING. 1. APPLICANTS
 LICENSED  ON  JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT OR THEREAFTER ARE
 AUTHORIZED TO DIAGNOSE, AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION  TWO
 OF  SECTION  EIGHTY-FOUR  HUNDRED TWO OF THIS ARTICLE, AND AS DEFINED IN
 SUBDIVISION THREE OF SECTION EIGHTY-FOUR HUNDRED  ONE  OF  THIS  ARTICLE
 WITHOUT MEETING ANY ADDITIONAL REQUIREMENTS.
   2.  APPLICANTS  FOR LICENSE AS A MENTAL HEALTH COUNSELOR WHO HAVE BEEN
 ISSUED A LIMITED PERMIT AFTER SUCCESSFULLY COMPLETING  THE  REQUIREMENTS
 OF PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION EIGHTY-FOUR HUNDRED TWO
 OF THIS ARTICLE, WHICH INCLUDES TWELVE CREDIT HOURS OF CLINICAL COURSES,
 ARE  AUTHORIZED  TO DIAGNOSE AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION
 TWO OF SECTION EIGHTY-FOUR HUNDRED TWO OF THIS ARTICLE, AND  AS  DEFINED
 IN SUBDIVISION THREE OF SECTION EIGHTY-FOUR HUNDRED ONE OF THIS ARTICLE,
 WHILE UNDER SUPERVISION.
   3.  THOSE  LICENSED PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN,
 SHALL BE GRANTED THE PRIVILEGE TO DIAGNOSE AS PROVIDED IN PARAGRAPH  (B)
 OF  SUBDIVISION  TWO OF SECTION EIGHTY-FOUR HUNDRED TWO OF THIS ARTICLE,
 S. 4463                             3

 AND AS DEFINED IN SUBDIVISION THREE OF SECTION EIGHTY-FOUR  HUNDRED  ONE
 OF THIS ARTICLE, IF THE LICENSEE FULFILLS THE FOLLOWING REQUIREMENTS:
   (A) FILES AN APPLICATION WITH THE DEPARTMENT;
   (B) IS LICENSED AND REGISTERED AS A MENTAL HEALTH COUNSELOR; AND:
   (I)  PROVIDES  VERIFICATION  OF TWELVE CREDIT HOURS OF CLINICAL COURSE
 WORK AS DEFINED BY THE DEPARTMENT FROM A COLLEGE OR UNIVERSITY  ACCEPTA-
 BLE TO THE DEPARTMENT; OR
   (II)  PROVIDES VERIFICATION OF A MINIMUM OF TWO YEARS OF EMPLOYMENT AS
 A LICENSED MENTAL HEALTH COUNSELOR BY A LICENSED SUPERVISOR OR COLLEAGUE
 ON FORMS ACCEPTABLE TO THE DEPARTMENT, IN A PROGRAM OR SERVICE OPERATED,
 REGULATED, FUNDED, OR APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE,  THE
 OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES, THE OFFICE OF TEMPORARY AND
 DISABILITY ASSISTANCE,  THE  DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY
 SUPERVISION,  THE  STATE OFFICE FOR THE AGING, THE DEPARTMENT OF HEALTH,
 OR A LOCAL GOVERNMENTAL UNIT AS THAT TERM IS DEFINED IN  ARTICLE  FORTY-
 ONE  OF  THE MENTAL HYGIENE LAW OR A SOCIAL SERVICES DISTRICT AS DEFINED
 IN SECTION SIXTY-ONE OF THE SOCIAL SERVICES LAW; OR
   (III) PROVIDES VERIFICATION OF BEING LICENSED  AS  A  LICENSED  MENTAL
 HEALTH COUNSELOR FOR A MINIMUM OF TWO YEARS; AND
   (1)  PROVIDES  DOCUMENTATION  OF AT LEAST SIX CREDIT HOURS OF CLINICAL
 COURSEWORK AS DEFINED BY THE DEPARTMENT FROM  A  COLLEGE  OR  UNIVERSITY
 ACCEPTABLE TO THE DEPARTMENT; OR
   (2)  PROVIDES  DOCUMENTATION  OF  AT  LEAST TWELVE HOURS OF CONTINUING
 EDUCATION IN CLINICAL COURSEWORK SUBJECT TO SECTION EIGHTY-FOUR  HUNDRED
 TWELVE-A OF THIS ARTICLE; AND
   (C) PAYS A FEE TO THE DEPARTMENT OF TWO HUNDRED TWENTY DOLLARS.
   4.  A  PRIVILEGE  TO DIAGNOSE ISSUED UNDER THIS SECTION SHALL BE VALID
 FOR THE LIFE OF THE HOLDER, UNLESS REVOKED, ANNULLED,  OR  SUSPENDED  BY
 THE  BOARD  OF  REGENTS.  SUCH  A PRIVILEGE SHALL BE SUBJECT TO THE SAME
 OVERSIGHT AND DISCIPLINARY PROVISIONS  AS  LICENSES  ISSUED  UNDER  THIS
 TITLE.
   §  4.  Subdivision 2 of section 8403 of the education law, as added by
 chapter 676 of the laws of 2002, is amended to read as follows:
   2. Practice of marriage and family  therapy  and  use  of  the  titles
 "marriage and family therapist" and "licensed marriage and family thera-
 pist".  (A)  Only  a  person licensed or exempt under this article shall
 practice marriage and family therapy or  use  the  title  "marriage  and
 family  therapist".  Only a person licensed under this article shall use
 the titles "licensed marriage and family therapist", "licensed  marriage
 therapist", "licensed family therapist" or any other designation tending
 to  imply  that  the  person is licensed to practice marriage and family
 therapy.
   (B) MARRIAGE AND FAMILY THERAPISTS WHO  HAVE  OBTAINED  THE  DIAGNOSIS
 PRIVILEGE SET FORTH IN SECTION EIGHTY-FOUR HUNDRED THREE-A OF THIS ARTI-
 CLE  MAY  DIAGNOSE MENTAL, EMOTIONAL, BEHAVIORAL, ADDICTIVE AND DEVELOP-
 MENTAL DISORDERS AND DISABILITIES AND OF  THE  PSYCHOSOCIAL  ASPECTS  OF
 ILLNESS, INJURY, DISABILITY AND IMPAIRMENT UNDERTAKEN WITHIN A PSYCHOSO-
 CIAL FRAMEWORK.
   §  5.  Paragraphs  (b) and (c) of subdivision 3 of section 8403 of the
 education law, paragraph (b) as added by chapter 676 of the laws of 2002
 and paragraph (c) as amended by chapter 130 of the  laws  of  2010,  are
 amended to read as follows:
   (b) Education: Have received a master's or doctoral degree in marriage
 and  family  therapy  from  a  program  registered by the department, or
 determined by the department to be  the  substantial  equivalent,  WHICH
 INCLUDES  THE  COMPLETION  OF  AT  LEAST TWELVE CREDIT HOURS OF CLINICAL
 S. 4463                             4
 
 COURSEWORK in accordance with the commissioner's regulations or a gradu-
 ate degree in an allied field from a program registered by  the  depart-
 ment  and  graduate level coursework determined to be equivalent to that
 required  in  a  program  registered by the department. A PERSON WHO HAS
 RECEIVED A MASTER'S, OR EQUIVALENT DEGREE IN  MARRIAGE AND FAMILY THERA-
 PY, DURING WHICH THEY DID NOT COMPLETE ALL  TWELVE CREDIT HOURS OF CLIN-
 ICAL COURSES, MAY SATISFY THIS REQUIREMENT BY COMPLETING  ANY  REMAINING
 EQUIVALENT  POST-GRADUATE  CLINICAL  COURSES,  IN  ACCORDANCE  WITH  THE
 COMMISSIONER'S REGULATIONS. This coursework shall include,  but  not  be
 limited to:
   (i)  the  study  of human development, including individual, child and
 family development;
   (ii) psychopathology;
   (iii) marital and family therapy;
   (iv) family law;
   (v) research;
   (vi) professional ethics; and
   (vii) a practicum of at least three hundred client contact hours;
   (c) Experience: The completion of at least [one]  TWO  thousand  [five
 hundred]  client  contact  hours  of  supervised clinical experience, by
 persons holding a degree from a master's or  doctoral  program,  or  the
 substantial  equivalent,  in  accordance  with  the commissioner's regu-
 lations or the completion of at least [one] TWO thousand [five  hundred]
 client  CONTACT hours of supervised post-master's clinical experience in
 marriage and family therapy satisfactory to the department in accordance
 with the commissioner's regulations.   THE TWO THOUSAND  CLIENT  CONTACT
 HOURS SHALL INCLUDE DIAGNOSIS, PSYCHOTHERAPY AND ASSESSMENT BASED TREAT-
 MENT  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 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;
   § 6. The education law is amended by adding a new  section  8403-a  to
 read as follows:
   §  8403-A.  DIAGNOSIS    PRIVILEGE; MARRIAGE AND FAMILY THERAPIST.  1.
 APPLICANTS FOR LICENSE AS A  MARRIAGE  AND  FAMILY  THERAPIST  WHO  WERE
 LICENSED  ON  JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT OR THEREAFTER ARE
 AUTHORIZED TO DIAGNOSE, AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION  TWO
 OF  SECTION EIGHTY-FOUR HUNDRED THREE OF THIS ARTICLE, AND AS DEFINED IN
 SUBDIVISION THREE OF SECTION EIGHTY-FOUR HUNDRED  ONE  OF  THIS  ARTICLE
 WITHOUT  MEETING  ANY ADDITIONAL REQUIREMENTS.
   2.  APPLICANTS FOR LICENSE AS A MARRIAGE AND FAMILY THERAPIST WHO HAVE
 BEEN ISSUED A LIMITED PERMIT AFTER SUCCESSFULLY COMPLETING  THE REQUIRE-
 MENTS OF PARAGRAPH (B)  OF  SUBDIVISION  THREE  OF  SECTION  EIGHTY-FOUR
 HUNDRED  THREE  OF  THIS  ARTICLE, WHICH INCLUDES TWELVE CREDIT HOURS OF
 CLINICAL COURSES, ARE  AUTHORIZED TO DIAGNOSE AS PROVIDED  IN  PARAGRAPH
 (B)  OF  SUBDIVISION  TWO  OF  SECTION EIGHTY-FOUR HUNDRED THREE OF THIS
 ARTICLE, AND AS DEFINED IN  SUBDIVISION  THREE  OF  SECTION  EIGHTY-FOUR
 HUNDRED ONE OF THIS ARTICLE, WHILE UNDER SUPERVISION.
 S. 4463                             5
 
   3.  THOSE LICENSED AS A MARRIAGE AND FAMILY THERAPIST PRIOR TO JANUARY
 FIRST, TWO THOUSAND TWENTY-EIGHT, SHALL  BE  GRANTED  THE  PRIVILEGE  TO
 DIAGNOSE  AS  PROVIDED  IN  PARAGRAPH  (B) OF SUBDIVISION TWO OF SECTION
 EIGHTY-FOUR HUNDRED THREE OF THIS ARTICLE, AND AS DEFINED IN SUBDIVISION
 THREE  OF SECTION EIGHTY-FOUR HUNDRED ONE OF THIS ARTICLE, IF THE LICEN-
 SEE FULFILLS THE FOLLOWING REQUIREMENTS:
   (A) FILES AN APPLICATION WITH THE DEPARTMENT;
   (B) IS LICENSED AND REGISTERED AS A  MARRIAGE  AND  FAMILY  THERAPIST;
 AND:
   (I)    PROVIDES    VERIFICATION    OF  TWELVE CREDIT HOURS OF CLINICAL
 COURSEWORK AS DEFINED BY THE DEPARTMENT FROM  A  COLLEGE  OR  UNIVERSITY
 ACCEPTABLE TO THE DEPARTMENT; OR
   (II)  PROVIDES VERIFICATION OF A MINIMUM OF TWO YEARS OF EMPLOYMENT AS
 A  LICENSED  MARRIAGE  AND  FAMILY THERAPIST BY A LICENSED SUPERVISOR OR
 COLLEAGUE ON FORMS ACCEPTABLE TO THE DEPARTMENT, IN A PROGRAM OR SERVICE
 OPERATED, REGULATED, FUNDED, OR APPROVED BY  THE  DEPARTMENT  OF  MENTAL
 HYGIENE,   THE OFFICE  OF  CHILDREN  AND  FAMILY SERVICES, THE OFFICE OF
 TEMPORARY AND DISABILITY ASSISTANCE, THE   DEPARTMENT   OF   CORRECTIONS
 AND    COMMUNITY  SUPERVISION,    THE    STATE OFFICE FOR THE AGING, THE
 DEPARTMENT OF HEALTH, OR A LOCAL  GOVERNMENTAL  UNIT  AS  THAT  TERM  IS
 DEFINED  IN  ARTICLE  FORTY-ONE  OF  THE  MENTAL HYGIENE LAW OR A SOCIAL
 SERVICES DISTRICT AS DEFINED IN SECTION SIXTY-ONE OF THE SOCIAL SERVICES
 LAW; OR
   (III) PROVIDES VERIFICATION OF BEING LICENSED AS A  LICENSED  MARRIAGE
 AND FAMILY THERAPIST FOR A MINIMUM OF TWO YEARS AND:
   (1)  PROVIDES  DOCUMENTATION  OF AT LEAST SIX CREDIT HOURS OF CLINICAL
 COURSEWORK  AS DEFINED BY THE DEPARTMENT FROM  A  COLLEGE  OR UNIVERSITY
 ACCEPTABLE TO THE DEPARTMENT; OR
   (2)  PROVIDES  DOCUMENTATION  OF  AT  LEAST TWELVE HOURS OF CONTINUING
 EDUCATION IN CLINICAL COURSEWORK SUBJECT TO SECTION EIGHTY-FOUR  HUNDRED
 TWELVE-A OF THIS ARTICLE; AND
   (C) PAYS A FEE TO THE DEPARTMENT OF TWO HUNDRED TWENTY DOLLARS.
   4.  A  PRIVILEGE  TO DIAGNOSE ISSUED UNDER THIS SECTION SHALL BE VALID
 FOR THE LIFE OF THE HOLDER, UNLESS REVOKED, ANNULLED,  OR  SUSPENDED  BY
 THE  BOARD  OF  REGENTS.  SUCH  A PRIVILEGE SHALL BE SUBJECT TO THE SAME
 OVERSIGHT AND DISCIPLINARY PROVISIONS  AS  LICENSES  ISSUED  UNDER  THIS
 TITLE.
   § 7. Subdivision 2 of section 8405 of the education law, as  added  by
 chapter 676 of the laws of 2002, is amended to read as follows:
   2.  Practice  of  psychoanalysis and use of the titles "psychoanalyst"
 and "licensed psychoanalyst". (A) Only a person licensed or exempt under
 this article shall practice psychoanalysis or use the title  "psychoana-
 lyst".    Only  a person licensed under this article shall use the title
 "licensed psychoanalyst" or any other designation tending to imply  that
 the person is licensed to practice psychoanalysis.
   (B)  PSYCHOANALYSTS  WHO  HAVE OBTAINED THE DIAGNOSIS PRIVILEGE AS SET
 FORTH IN SECTION EIGHTY-FOUR HUNDRED FIVE-A OF THIS ARTICLE MAY DIAGNOSE
 MENTAL, EMOTIONAL, BEHAVIORAL, ADDICTIVE AND DEVELOPMENTAL DISORDERS AND
 DISABILITIES AND OF THE PSYCHOSOCIAL ASPECTS OF ILLNESS,  INJURY,  DISA-
 BILITY AND IMPAIRMENT UNDERTAKEN WITHIN A PSYCHOSOCIAL FRAMEWORK.
   §  8.  Paragraphs  (b) and (c) of subdivision 3 of section 8405 of the
 education law, paragraph (b) as added by chapter 676 of the laws of 2002
 and paragraph (c) as amended by chapter 130 of the  laws  of  2010,  are
 amended to read as follows:
   (b)  Education:  Have  received  a  master's  degree  or higher from a
 degree-granting program registered by the department or the  substantial
 S. 4463                             6
 
 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 course-
 work  substantially  equivalent  to  coursework  required for a master's
 degree in a health or mental  health  field  of  study  AND  SHALL  ALSO
 INCLUDE  THE  COMPLETION  OF  AT  LEAST  TWELVE CREDIT HOURS OF CLINICAL
 COURSES. AN  INDIVIDUAL  WHO  HAS  COMPLETED  A  LICENSED  PSYCHOANALYST
 PROGRAM THAT DID NOT INCLUDE TWELVE CREDIT HOURS OF CLINICAL COURSES MAY
 SATISFY  THIS  REQUIREMENT  BY COMPLETING ANY REMAINING EQUIVALENT POST-
 GRADUATE CLINICAL COURSES, IN ACCORDANCE WITH THE  COMMISSIONER'S  REGU-
 LATIONS.  The  coursework  shall  include,  but  not  be limited to, the
 following areas:
   (i) personality development;
   (ii) psychoanalytic theory of psychopathology;
   (iii) psychoanalytic theory of psychodiagnosis;
   (iv) sociocultural influence on growth and psychopathology;
   (v) practice technique (including dreams and symbolic processes);
   (vi) analysis of resistance, transference, and countertransference;
   (vii) case seminars on clinical practice;
   (viii) practice in psychopathology and psychodiagnosis;
   (ix) professional ethics and psychoanalytic research methodology; and
   (x) a minimum of three hundred hours  of  personal  analysis  and  one
 hundred fifty hours of supervised analysis;
   (c)  Experience:  Have  completed  a  minimum of [fifteen hundred] TWO
 THOUSAND hours of supervised clinical practice WHICH SHALL INCLUDE DIAG-
 NOSIS, PSYCHOTHERAPY, AND ASSESSMENT-BASED TREATMENT PLANS  satisfactory
 to the department and in accordance with the commissioner's regulations.
 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  authorization  had  been
 obtained  for  the  experience,  provided that such experience meets all
 other requirements for acceptable experience;
   § 9. The education law is amended by adding a new  section  8405-a  to
 read as follows:
   § 8405-A. DIAGNOSIS  PRIVILEGE.  1.  APPLICANTS  LICENSED  ON  JANUARY
 FIRST, TWO THOUSAND TWENTY-SEVEN OR THEREAFTER ARE AUTHORIZED  TO  DIAG-
 NOSE  AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION EIGHTY-
 FOUR HUNDRED FIVE OF THIS ARTICLE AND  FURTHER  DEFINED  IN  SUBDIVISION
 THREE OF SECTION EIGHTY-FOUR HUNDRED ONE OF THIS ARTICLE WITHOUT MEETING
 ANY ADDITIONAL REQUIREMENTS.
   2.  APPLICANTS  FOR  LICENSE AS A PSYCHOANALYST WHO HAVE BEEN ISSUED A
 LIMITED PERMIT AFTER SUCCESSFULLY COMPLETING THE REQUIREMENTS  OF  PARA-
 GRAPH (B) OF SUBDIVISION TWO OF SECTION EIGHTY-FOUR HUNDRED FIVE OF THIS
 ARTICLE,  WHICH  INCLUDES  TWELVE  CREDIT  HOURS OF CLINICAL COURSES ARE
 AUTHORIZED TO DIAGNOSE AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION THREE
 OF SECTION EIGHTY-FOUR HUNDRED FIVE OF THIS ARTICLE, AND AS  DEFINED  IN
 SUBDIVISION  THREE  OF  SECTION  EIGHTY-FOUR HUNDRED ONE OF THIS ARTICLE
 WHILE UNDER SUPERVISION.
 S. 4463                             7
 
   3. FOR THOSE LICENSED PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-SEV-
 EN, SHALL BE GRANTED THE PRIVILEGE TO DIAGNOSE AS PROVIDED IN  PARAGRAPH
 (C) OF SUBDIVISION ONE OF SECTION EIGHTY-FOUR HUNDRED FIVE OF THIS ARTI-
 CLE,  AND  FURTHER  DEFINED  IN SUBDIVISION THREE OF SECTION EIGHTY-FOUR
 HUNDRED  ONE  OF  THIS  ARTICLE  IF  THE LICENSEE FULFILLS THE FOLLOWING
 REQUIREMENTS:
   (A) FILES AN APPLICATION WITH THE DEPARTMENT;
   (B) IS LICENSED AND REGISTERED AS A PSYCHOANALYST; AND
   (I) PROVIDES VERIFICATION OF TWELVE CREDIT HOURS  OF  CLINICAL  COURSE
 WORK  AS DEFINED BY THE DEPARTMENT FROM A COLLEGE, UNIVERSITY, OR INSTI-
 TUTE ACCEPTABLE TO THE DEPARTMENT; OR
   (II) PROVIDES VERIFICATION OF A MINIMUM OF TWO YEARS OF EMPLOYMENT  AS
 A  LICENSED PSYCHOANALYST BY A LICENSED SUPERVISOR OR COLLEAGUE ON FORMS
 ACCEPTABLE TO THE DEPARTMENT, IN A PROGRAM OR  SERVICE  OPERATED,  REGU-
 LATED,  FUNDED,  OR  APPROVED  BY  THE DEPARTMENT OF MENTAL HYGIENE, THE
 OFFICE OF CHILDREN AND FAMILY SERVICES,  THE  OFFICE  OF  TEMPORARY  AND
 DISABILITY  ASSISTANCE,  THE  DEPARTMENT  OF  CORRECTIONS  AND COMMUNITY
 SUPERVISION, THE STATE OFFICE FOR THE AGING, THE DEPARTMENT  OF  HEALTH,
 OR  A  LOCAL GOVERNMENTAL UNIT AS THAT TERM IS DEFINED IN ARTICLE FORTY-
 ONE OF THE MENTAL HYGIENE LAW OR A SOCIAL SERVICES DISTRICT  AS  DEFINED
 IN SECTION SIXTY-ONE OF THE SOCIAL SERVICES LAW; OR
   (III) PROVIDES VERIFICATION OF BEING LICENSED AS A LICENSED PSYCHOANA-
 LYST FOR A MINIMUM OF THREE YEARS; AND
   (1)  PROVIDES  DOCUMENTATION  OF AT LEAST SIX CREDIT HOURS OF CLINICAL
 COURSEWORK AS DEFINED BY THE DEPARTMENT FROM A COLLEGE,  UNIVERSITY,  OR
 INSTITUTE ACCEPTABLE TO THE DEPARTMENT; OR
   (2)  PROVIDES  DOCUMENTATION  OF  AT  LEAST TWELVE HOURS OF CONTINUING
 EDUCATION IN CLINICAL COURSEWORK SUBJECT TO SECTION EIGHTY-FOUR  HUNDRED
 TWELVE-A OF THIS ARTICLE; AND
   (C) PAYS A FEE TO THE DEPARTMENT OF TWO HUNDRED TWENTY DOLLARS.
   4.  A  PRIVILEGE  TO DIAGNOSE ISSUED UNDER THIS SECTION SHALL BE VALID
 FOR THE LIFE OF THE HOLDER, UNLESS REVOKED, ANNULLED,  OR  SUSPENDED  BY
 THE  BOARD  OF  REGENTS.  SUCH  A PRIVILEGE SHALL BE SUBJECT TO THE SAME
 OVERSIGHT AND DISCIPLINARY PROVISIONS  AS  LICENSES  ISSUED  UNDER  THIS
 TITLE.
   §  10.  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.
   § 11. Section 8410 of the education law is amended  by  adding  a  new
 subdivision 12 to read as follows:
   12.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, NOTHING IN
 THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR LIMIT THE  ACTIVITIES  OR
 SERVICES PROVIDED UNDER THIS ARTICLE ON THE PART OF ANY PERSON WHO, UPON
 THE EFFECTIVE DATE OF THIS SUBDIVISION, IS IN THE EMPLOY OF A PROGRAM OR
 SERVICE,  AS  DEFINED  IN THIS ARTICLE, FOR THE PERIOD DURING WHICH SUCH
 PERSON MAINTAINS EMPLOYMENT IN SUCH PROGRAM OR SERVICE.    THIS  SECTION
 SHALL  NOT  AUTHORIZE  THE  USE OF ANY TITLE AUTHORIZED PURSUANT TO THIS
 ARTICLE BY ANY SUCH EMPLOYED PERSON, EXCEPT  AS  OTHERWISE  PROVIDED  BY
 THIS  ARTICLE  RESPECTIVELY.  PROVIDED  HOWEVER,  THAT  ANY  PERSON  WHO
 COMMENCES EMPLOYMENT IN SUCH PROGRAM OR SERVICE ON OR AFTER JULY  FIRST,
 TWO  THOUSAND  TWENTY-THREE  AND  PERFORMS  SERVICES THAT ARE RESTRICTED
 UNDER THIS ARTICLE SHALL BE APPROPRIATELY LICENSED OR  AUTHORIZED  UNDER
 THIS ARTICLE.
 S. 4463                             8
 
   §  12.  The education law is amended by adding a new section 8412-a to
 read as follows:
   § 8412-A. CONTINUING EDUCATION FOR DIAGNOSIS PRIVILEGE. 1.  CONTINUING
 EDUCATION  REQUIRED IN CLAUSE TWO OF SUBPARAGRAPH (III) OF PARAGRAPH (B)
 OF SUBDIVISION THREE OF SECTION EIGHTY-FOUR HUNDRED TWO-A OF THIS  ARTI-
 CLE SHALL:
   (A)  BE  OFFERED  BY A PROVIDER APPROVED BY THE DEPARTMENT PURSUANT TO
 PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION EIGHTY-FOUR HUNDRED TWELVE
 OF THIS ARTICLE; AND
   (B) IN ADDITION TO MEETING THE STANDARDS SET FORTH IN PARAGRAPH (A) OF
 SUBDIVISION THREE OF SECTION EIGHTY-FOUR HUNDRED TWELVE OF THIS ARTICLE,
 BE DETERMINED BY THE DEPARTMENT AS PROVIDING  CLINICAL  CONTENT  IN  THE
 FOLLOWING AREAS:
   (I) DIAGNOSIS IN CLINICAL PRACTICE;
   (II) ASSESSMENT BASED TREATMENT; OR
   (III) CLINICAL PRACTICE WITH GENERAL AND SPECIAL POPULATIONS.
   2.  THE  DEPARTMENT  SHALL  MAINTAIN  A  LIST  OF CONTINUING EDUCATION
 APPROVED BY THE DEPARTMENT AS MEETING THE REQUIREMENTS OF THIS SECTION.
   3. A SEPARATE CONTINUING EDUCATION APPROVAL APPLICATION FEE, AS DETER-
 MINED BY THE DEPARTMENT, SHALL BE APPLIED TO PROVIDERS SEEKING  APPROVAL
 OF CONTINUING EDUCATION THAT MEETS THE REQUIREMENTS OF THIS SECTION.
   § 13. This act shall take effect one year after it shall have become a
 law,  provided  that sections three, six and nine of this act shall take
 effect January 1, 2028.  Effective immediately, the addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.

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Senate Bill S4463

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Pamela Helming