S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8081
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 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  requirements  for
   certain mental health practitioners to be issued privilege to diagnose
   and develop assessment-based treatment plans

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (d) and (e) of subdivision 1 of  section  8401-a
 of  the  education law, as added by chapter 230 of the laws of 2022, are
 amended to read as follows:
   (d) Experience: [(i)] Have completed at least two  thousand  hours  of
 supervised, direct client contact that shall include, but not be limited
 to,  diagnosis,  psychotherapy  and  the development of assessment-based
 treatment plans, as defined in section eighty-four hundred one  of  this
 article, satisfactory to the department.
   [(ii)  Subparagraph  (i) of this paragraph shall not apply to a mental
 health counselor, marriage and family therapist,  or  psychoanalyst  who
 was  licensed prior to June twenty-fourth, two thousand twenty-four, and
 who provides attestation, on a form prescribed by the department, from a
 supervisor in a facility setting or other supervised setting approved by
 the department under supervision in accordance with  the  commissioner's
 regulations,  that  such licensee has at least three years of experience
 engaged in direct client contact that shall include diagnosis, psychoth-
 erapy and the development of assessment-based  treatment  plans.    Such
 licensee  shall  submit  an  application  to the department within three
 years of the effective date of this section.]
   (e) [Fee: Pay a fee of one hundred seventy-five dollars  for  issuance
 of  a  privilege  to  diagnose  and  develop  assessment-based treatment
 plans.] ALTERNATE REQUIREMENTS FOR CERTAIN PRACTITIONERS.  NOTWITHSTAND-
 ING  PARAGRAPHS (C) AND (D) OF THIS SUBDIVISION, A MENTAL HEALTH COUNSE-
 LOR, MARRIAGE AND FAMILY THERAPIST, OR PSYCHOANALYST LICENSED  PRIOR  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11683-03-5
              

 S. 8081                             2
 
 JUNE  TWENTY-FOURTH,  TWO  THOUSAND  TWENTY-SEVEN,  SHALL BE GRANTED THE
 PRIVILEGE TO DIAGNOSE AND DEVELOP ASSESSMENT-BASED  TREATMENT  PLANS  IF
 SUCH  MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERAPIST, OR PSYCHO-
 ANALYST:
   (I) FILES AN APPLICATION WITH THE DEPARTMENT; AND
   (II) IS LICENSED AND REGISTERED AS A MENTAL HEALTH COUNSELOR, MARRIAGE
 AND FAMILY THERAPIST, OR PSYCHOANALYST, AND:
   (1)  PROVIDES  VERIFICATION OF TWELVE CREDIT HOURS OF CLINICAL COURSE-
 WORK, WHICH INCLUDES CLINICAL CONTENT THAT  PREPARES  THE  APPLICANT  TO
 DIAGNOSE  AND DEVELOP ASSESSMENT-BASED TREATMENT PLANS, PROVIDE CLINICAL
 TREATMENT TO CLIENTS, AND PRACTICE  WITH  DIVERSE  POPULATIONS,  FROM  A
 COLLEGE OR UNIVERSITY ACCEPTABLE TO THE DEPARTMENT;
   (2) PROVIDES VERIFICATION OF A MINIMUM OF TWO YEARS OF EMPLOYMENT AS A
 LICENSED  MENTAL  HEALTH  COUNSELOR,  MARRIAGE  AND FAMILY THERAPIST, OR
 PSYCHOANALYST 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 SUCH TERM IS DEFINED BY SECTION 41.03 OF THE MENTAL HYGIENE LAW,
 OR A SOCIAL SERVICES DISTRICT AS DEFINED BY  SECTION  SIXTY-ONE  OF  THE
 SOCIAL SERVICES LAW; OR
   (3) PROVIDES VERIFICATION OF BEING LICENSED AS A MENTAL HEALTH COUNSE-
 LOR,  MARRIAGE  AND  FAMILY THERAPIST, OR PSYCHOANALYST FOR A MINIMUM OF
 TWO YEARS, AND:
   (A) PROVIDES DOCUMENTATION OF AT LEAST SIX CREDIT  HOURS  OF  CLINICAL
 COURSEWORK,  WHICH INCLUDES CLINICAL CONTENT THAT PREPARES THE APPLICANT
 TO DIAGNOSE AND DEVELOP ASSESSMENT-BASED TREATMENT PLANS, PROVIDE  CLIN-
 ICAL TREATMENT TO CLIENTS, AND PRACTICE WITH DIVERSE POPULATIONS, FROM A
 COLLEGE OR UNIVERSITY ACCEPTABLE TO THE DEPARTMENT; OR
   (B)  PROVIDES  DOCUMENTATION  OF  AT  LEAST TWELVE HOURS OF CONTINUING
 EDUCATION IN CLINICAL COURSEWORK, WHICH INCLUDES CLINICAL  CONTENT  THAT
 PREPARES  THE  APPLICANT TO DIAGNOSE AND DEVELOP ASSESSMENT-BASED TREAT-
 MENT PLANS, PROVIDE CLINICAL TREATMENT TO  CLIENTS,  AND  PRACTICE  WITH
 DIVERSE  POPULATIONS,  SUBJECT  TO SECTION EIGHTY-FOUR HUNDRED TWELVE OF
 THIS ARTICLE.
   § 2. This act shall take effect immediately.