Senate Bill S8561

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8561
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             October 31, 2025
                                ___________
 
 Introduced  by  Sen. C. RYAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the education law, in relation to  mental  health  coun-
   seling licensure and the submission of supervised experience verifica-
   tion

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 8402  of  the  education  law,  as
 added  by  chapter  676 of the laws of 2002, paragraph (c) as amended by
 chapter 130 of the laws of 2010 and paragraph (g) as amended by  chapter
 210  of the laws of 2004, is amended and a new subdivision 4 is added to
 read as follows:
   3. Requirements for a professional license. To qualify for  a  license
 as  a "licensed mental health counselor", an applicant shall fulfill the
 following requirements:
   (a) Application: File an application with the department;
   (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,  in  accordance  with  the  commissioner'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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14004-01-5
              

 S. 8561                             2
 
   (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  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 waiv-
 er. The department may, for good cause shown, accept satisfactory  expe-
 rience  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  experi-
 ence,  provided  that  such  experience meets all other requirements for
 acceptable experience;
   (d) SUBMISSION OF SUPERVISED EXPERIENCE VERIFICATION:  NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW, IN THE PROCESS OF LICENSURE AN APPLICANT MAY
 SUBMIT THE VERIFICATION OF SUPERVISED EXPERIENCE, FOR EXAMPLE THE SUPER-
 VISED EXPERIENCE  CERTIFICATION  FORM,  PROVIDED  THAT  THE  SUPERVISORY
 PORTION  OF  THE FORM IS COMPLETED, SIGNED, AND ATTESTED BY THE SUPERVI-
 SOR, AND THE SUPERVISORY PORTION  IS  SUBMITTED  IN  A  MANNER  ENSURING
 AUTHENTICITY  AND  INTEGRITY  AS  PRESCRIBED  BY  THE DEPARTMENT'S REGU-
 LATIONS;
   (E) Examination:  Pass an examination satisfactory to the board and in
 accordance with the commissioner's regulations;
   [(e)] (F) Age: Be at least twenty-one years of age;
   [(f)] (G) Character: Be of good moral character as determined  by  the
 department; and
   [(g)]  (H)  Fees: Pay a fee of one hundred seventy-five dollars for an
 initial license and a fee of one hundred seventy dollars for each trien-
 nial registration period.
   4. REGULATIONS TO IMPLEMENT  APPLICANT  SUBMISSION.  THE  COMMISSIONER
 SHALL  PROMULGATE  REGULATIONS,  CONSISTENT WITH THIS SECTION, TO PERMIT
 THE SUBMISSION  BY  APPLICANTS  OF  SUPERVISED  EXPERIENCE  VERIFICATION
 FORMS,  INCLUDING SAFEGUARDS SUCH AS SEALED ENVELOPES, DIRECT SUBMISSION
 BY SUPERVISORS, ENCRYPTED  ELECTRONIC  SUBMISSION,  OR  OTHER  MEANS  TO
 PREVENT  TAMPERING,  AND  TO  ALLOW AUDITS OR ADDITIONAL VERIFICATION AS
 NECESSARY.
   § 2. Paragraph (c) of subdivision 3 of section 8412 of  the  education
 law,  as added by chapter 486 of the laws of 2013, is amended to read as
 follows:
   (c) The mandatory continuing education fee shall be determined by  the
 department. Such fee shall be payable on or before the first day of each
 triennial  registration  period,  and  shall  be paid in addition to the
 triennial registration fees required by paragraph [(g)] (H) of  subdivi-
 sion  three of section eighty-four hundred two of this article and para-
 graph (g) of subdivision three of section eighty-four  hundred  five  of
 this article.
   § 3. This act shall take effect immediately.