NY State Senate Bill 2023-S8150

Senate Bill S8150

2023-2024 Legislative Session

Establishes requirements for granting licensure for the practice of mental health counseling

download bill text pdf

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 10, 2024	referred to higher education

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2023-S8150 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §8402, Ed L

2023-S8150 (ACTIVE) - Summary

Establishes requirements for granting licensure and provisional endorsement licensure for the practice of mental health counseling.

2023-S8150 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8150

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the education law, in relation to licensure for the
practice of mental health counseling

 
PURPOSE:

To allow mental health counselors licensed in other states with similar
licensing standards to be granted a license to practice in NY with two
years of work experience in the field. This bill also gives the licens-
ing authority the ability to grant provisional licenses while applicants
licensed in other states fulfill outstanding requirements for licensure
by endorsement in New York.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 8402 of education law by adding a new subdivi-
sion 4 relating to licensure by endorsement. This subdivision states
that the Department of Education shall issue a license to practice

mental health counseling in New York if the applicant holds a current
license in another state with similar licensing standards, has two years
of experience in the field in the last 5 years, is in good standing in
their current jurisdiction, and pays any required fees. It also allows
the Department of Education to issue a provisional license to an indi-
vidual while they satisfy remaining requirements for licensure by
endorsement.

Section 2 provides the effective date.

 
JUSTIFICATION:

New York State is currently experiencing a shortage of mental health
professionals. As of December 31, 2023, 129 facilities in New York,
serving a population of over 6.5 million people, have been designated as
Mental Health Care Health Professional Shortage Areas (HPSA) by the U.S.
Department of Health & Human Services. This means that almost one third
of New Yorkers live in an area which the Federal government has desig-
nated as lacking an adequate number of mental health care professionals.

This comes as rates of mental health issues have continued to rise,
including amongst our state's children. A 2023 report published by the
New York State Office of Mental Health and the New York State Office of
Children and Family Services revealed that the rate of youths who
reported seriously considering attempting suicide had risen to 22%
between 2011 and 2021. As schools seek to hire mental health profes-
sionals to provide desperately needed services to their students, they
face the same shortage of licensed professionals as facilities across
New York State.

One issue frequently cited by organizations seeking to hire mental
health counselors is New York State's onerous reciprocity and licensure
by endorsement requirements for professionals licensed in other states.
Currently, professionals licensed in other states must have 5 years of
clinical experience to receive a license by endorsement. Professionals
with less than 5 years of experience who wish to relocate to New York
must complete the entire New York state licensing application process.
This prevents qualified professionals from choosing to relocate to New
York.

This bill would ease requirements for licensure by endorsement by
requiring that the Department of Education issue a license to practice
mental health counseling to professionals licensed in other states with
similar licensing requirements who have two years of experience in the
field, are in good standing in their current jurisdiction, and pays any
required fees. Similar legislation was passed in Pennsylvania for
licensing of all professions in 2019. Two years after passage, 40% of
the licenses issued via this new process were issued by the PA State
Board of Social Workers, Marriage and Family Therapists, and Profes-
sional Counselors, highlighting the effectiveness of easing regulatory
requirements in encouraging interstate mobility of mental health profes-
sionals.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8150 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8150
 
                             I N  S E N A T E
 
                             January 10, 2024
                                ___________
 
 Introduced  by  Sen. HELMING -- 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  licensure  for  the
   practice of mental health counseling
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 8402 of the education law is amended  by  adding  a
 new subdivision 4 to read as follows:
   4.  (A)  NOTWITHSTANDING  ANY EXISTING PROVISIONS TO THE CONTRARY, THE
 DEPARTMENT SHALL ISSUE A LICENSE, CERTIFICATE, REGISTRATION OR PERMIT TO
 AN APPLICANT TO ALLOW PRACTICE  OF  MENTAL  HEALTH  COUNSELING  IF  SUCH
 APPLICANT, UPON SUBMITTING SUCH APPLICATION TO THE DEPARTMENT:
   (I)  HOLDS A CURRENT LICENSE, CERTIFICATE, REGISTRATION OR PERMIT FROM
 ANOTHER STATE, TERRITORY OR COUNTRY, AND THE DEPARTMENT DETERMINES  SUCH
 STATE'S,  TERRITORY'S OR COUNTRY'S REQUIREMENTS ARE SUBSTANTIALLY EQUIV-
 ALENT TO OR EXCEED THE REQUIREMENTS ESTABLISHED IN NEW YORK STATE;
   (II) DEMONSTRATES COMPETENCY IN THE PROFESSION OR  OCCUPATION  THROUGH
 METHODS  DETERMINED  BY  THE DEPARTMENT AND THE BOARD, INCLUDING BUT NOT
 LIMITED TO HAVING COMPLETED CONTINUING EDUCATION OR HAVING WORKED IN THE
 PROFESSION OR OCCUPATION FOR AT LEAST TWO OF THE  FIVE  YEARS  PRECEDING
 THE DATE UPON WHICH SUCH APPLICATION WAS SUBMITTED;
   (III)  HAS NOT COMMITTED ANY ACT THAT CONSTITUTES GROUNDS FOR REFUSAL,
 SUSPENSION OR REVOCATION OF  A  LICENSE,  CERTIFICATE,  REGISTRATION  OR
 PERMIT  TO PRACTICE SUCH PROFESSION OR OCCUPATION, UNLESS THE DEPARTMENT
 DETERMINES, IN ITS DISCRETION, THAT THE ACT SHOULD NOT BE AN  IMPEDIMENT
 TO  THE  GRANTING  OF  A LICENSE, CERTIFICATE, REGISTRATION OR PERMIT TO
 PRACTICE MENTAL HEALTH COUNSELING;
   (IV) IS IN GOOD STANDING AND HAS NOT BEEN DISCIPLINED BY THE JURISDIC-
 TION THAT ISSUED THE LICENSE, CERTIFICATE, REGISTRATION OR PERMIT UNLESS
 THE DEPARTMENT DETERMINES, IN ITS DISCRETION, THAT THE DISCIPLINE SHOULD
 NOT BE AN IMPEDIMENT TO THE GRANTING OF A LICENSE,  CERTIFICATE,  REGIS-
 TRATION OR PERMIT TO PRACTICE MENTAL HEALTH COUNSELING; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13845-01-3
 S. 8150                             2

 
   (V)  PAYS  ANY FEES THAT THE DEPARTMENT ESTABLISHES AS REQUIRED TO THE
 GRANTING OF A LICENSE, CERTIFICATE, REGISTRATION OR PERMIT  TO  PRACTICE
 MENTAL HEALTH COUNSELING.
   (B)  THE  DEPARTMENT,  IN  ITS  DISCRETION,  MAY  ISSUE  A PROVISIONAL
 ENDORSEMENT LICENSE, CERTIFICATE, REGISTRATION OR PERMIT TO AN APPLICANT
 FOR LICENSURE TO PRACTICE MENTAL HEALTH COUNSELING WHILE SUCH  APPLICANT
 IS  SATISFYING  REMAINING REQUIREMENTS FOR SUCH LICENSURE. A HOLDER OF A
 PROVISIONAL ENDORSEMENT LICENSE ISSUED UNDER THIS PARAGRAPH MAY PRACTICE
 MENTAL HEALTH COUNSELING UNTIL THE OCCURRENCE OF ANY OF THE FOLLOWING:
   (I) A DENIAL BY THE DEPARTMENT OF A LICENSE, CERTIFICATE, REGISTRATION
 OR PERMIT.
   (II) THE EXPIRATION OF THE PROVISIONAL ENDORSEMENT LICENSE  AS  ESTAB-
 LISHED BY THE BOARD BY REGULATION.
   (III)  THE  HOLDER  OF  THE  PROVISIONAL  ENDORSEMENT LICENSE FAILS TO
 COMPLY WITH THE TERMS OF THE PROVISIONAL LICENSE.
   (C) NOTHING IN THIS SECTION IS INTENDED TO SUPERSEDE OR REPLACE EXIST-
 ING STATUTORY PROVISIONS RELATING TO LICENSURE BY ENDORSEMENT OR  LICEN-
 SURE  BY RECIPROCITY APPLICABLE TO THE DEPARTMENT OR BOARD THROUGH THEIR
 RESPECTIVE ENABLING STATUTES.
   § 2. This act shall take effect immediately.

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