§ 7605. Exempt persons. Nothing in this article shall be construed to
affect or prevent:

* 1. The activities, services, and use of the title of psychologist,
or any derivation thereof, on the part of a person in the employ of a
federal, state, county or municipal agency, or other political
subdivision, or a chartered elementary or secondary school or
degree-granting educational institution insofar as such activities and
services are a part of the duties of his salaried position; or on the
part of a person in the employ as a certified school psychologist on a
full-time or part-time salary basis, which may include on an hourly,
weekly, or monthly basis, or on a fee for evaluation services basis
provided that such person employed as a certified school psychologist is
employed by and under the dominion and control of a preschool special
education program approved pursuant to paragraph b of subdivision nine
or subdivision nine-a of section forty-four hundred ten of this chapter
to provide activities, services and to use the title "certified school
psychologist", so long as this shall not be construed to permit the use
of the title "licensed psychologist", to students enrolled in such
approved program or to conduct a multidisciplinary evaluation of a
preschool child having or suspected of having a disability; or on the
part of a person in the employ as a certified school psychologist on a
full-time or part-time salary basis, which may include on an hourly,
weekly or monthly basis, or on a fee for evaluation services basis
provided that such person employed as a certified school psychologist is
employed by and under the dominion and control of an agency approved in
accordance with title two-A of article twenty-five of the public health
law to deliver early intervention program multidisciplinary evaluations,
service coordination services and early intervention program services,
where each such preschool special education program or early
intervention provider is authorized by paragraph a or b of subdivision
six of section sixty-five hundred three of this title, each in the
course of their employment. Nothing in this subdivision shall be
construed to authorize a certified school psychologist or group of such
school psychologists to engage in independent practice or practice
outside of an employment relationship.

* NB Effective until June 30, 2024

* 1. The activities, services, and use of the title of psychologist,
or any derivation thereof, on the part of a person in the employ of a
federal, state, county or municipal agency, or other political
subdivision, or a chartered elementary or secondary school or
degree-granting educational institution insofar as such activities and
services are a part of the duties of his salaried position.

* NB Effective June 30, 2024

2. The activities and services required of a student, intern, or
resident in psychology, pursuing a course of study leading to a doctoral
degree in psychology in an institution approved by the department,
provided that such activities and services constitute a part of his
supervised course of study in psychology. Such persons shall be
designated by title as "psychological intern", "psychological trainee"
or other such title which clearly indicates his training status.

3. The practice, conduct, activities or services by any person
licensed or otherwise authorized to practice medicine 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.

4. The practice, conduct, activities, or services by any person
licensed or otherwise authorized to practice nursing as a registered
professional nurse or nurse practitioner within the state pursuant to
article one hundred thirty-nine of this title or by any person licensed
or otherwise authorized to practice social work within the state
pursuant to article one hundred fifty-four of this title, or by any
person licensed or otherwise authorized to practice mental health
counseling, marriage and family therapy, creative arts therapy, or
psychoanalysis within the state pursuant to article one hundred
sixty-three of this title, or any person licensed or otherwise
authorized to practice applied behavior analysis within the state
pursuant to article one hundred sixty-seven of this title or any
individual who is credentialed under any law, including attorneys, rape
crisis counselors, certified alcoholism counselors, and certified
substance abuse counselors from providing mental health services within
their respective established authorities.

5. The conduct, activities, or services of any member of the clergy or
Christian Science practitioner, in the provision of pastoral counseling
services within the context of his or her ministerial charge or
obligation.

6. The conduct, activities, or services of individuals, churches,
schools, teachers, organizations, or not-for-profit businesses in
providing instruction, advice, support, encouragement, or information to
individuals, families, and relational groups.

7. The practice, conduct, activities, or services of an occupational
therapist from performing work consistent with article one hundred
fifty-six of this title.

8. The representation as a psychologist and the rendering of services
as such in this state for a temporary period of a person who resides
outside the state of New York and who engages in practice as a
psychologist and conducts the major part of his practice as such outside
this state, provided such person has filed with the department evidence
that he has been licensed or certified in another state or has been
admitted to the examination in this state pursuant to section
seventy-six hundred three of this article. Such temporary period shall
not exceed ten consecutive business days in any period of ninety
consecutive days or in the aggregate exceed more than fifteen business
days in any such ninety-day period.

9. The provision of psychotherapy as defined in subdivision two of
section eighty-four hundred one of this title to the extent permissible
within the scope of practice of psychology, by any not-for-profit
corporation or education corporation providing services within the state
of New York and operating under a waiver pursuant to section sixty-five
hundred three-a of this title, provided that such entities offering
psychology services shall only provide such services through an
individual appropriately licensed or otherwise authorized to provide
such services or a professional entity authorized by law to provide such
services.

10. (a) A person without a license from: performing assessments
including but not limited to basic information collection, gathering of
demographic data, and informal observations, screening and referral used
for general eligibility for a program or service and determining the
functional status of an individual for the purpose of determining need
for services; advising individuals regarding the appropriateness of
benefits they are eligible for; providing general advice and guidance
and assisting individuals or groups with difficult day to day problems
such as finding employment, locating sources of assistance, and
organizing community groups to work on a specific problem; providing
peer services; selecting for suitability and providing substance abuse
treatment services or group re-entry services to incarcerated
individuals in state correctional facilities; or providing substance
abuse treatment services or re-entry services to incarcerated
individuals in local correctional facilities.

(b) A person without a license from creating, developing or
implementing a service plan or recovery plan that is not a behavioral
health diagnosis or treatment plan. Such service or recovery plans shall
include, but are not limited to, coordinating, evaluating or determining
the need for, or the provision of the following services: job training
and employability; housing; homeless services and shelters for homeless
individuals and families; refugee services; residential, day or
community habilitation services; general public assistance; in home
services and supports or home-delivered meals; recovery supports; adult
or child protective services including investigations; detention as
defined in section five hundred two of the executive law; prevention and
residential services for victims of domestic violence; services for
runaway and homeless youth; foster care, adoption, preventive services
or services in accordance with an approved plan pursuant to section four
hundred four of the social services law, including, adoption and foster
home studies and assessments, family service plans, transition plans,
permanency planning activities, and case planning or case management as
such terms are defined in the regulations of the office of children and
family services; residential rehabilitation; home and community based
services; and de-escalation techniques, peer services or skill
development.

(c)(i) A person without a license from participating as a member of a
multi-disciplinary team to assist in the development of or
implementation of a behavioral health services or treatment plan;
provided that such team shall include one or more professionals licensed
under this article or articles one hundred thirty-one, one hundred
thirty-nine, one hundred fifty-four or one hundred sixty-three of this
chapter; and provided, further, that the activities performed by members
of the team shall be consistent with the scope of practice for each team
member licensed or authorized under title VIII of this chapter, and
those who are not so authorized may not engage in the following
restricted practices: the diagnosis of mental, emotional, behavioral,
addictive and developmental disorders and disabilities; patient
assessment and evaluating; the provision of psychotherapeutic treatment;
the provision of treatment other than psychotherapeutic treatment; or
independently developing and implementing assessment-based treatment
plans as defined in section seventy-seven hundred one of this title.

(ii) For the purposes of this paragraph, "assist" shall include, but
not be limited to, the provision or performance of the following tasks,
services, or functions by an individual who has obtained the training
and experience required by the applicable state oversight agency to
perform such task, service or function in facilities or programs
operating pursuant to article nineteen-G of the executive law; articles
seven, sixteen, thirty-one or thirty-two of the mental hygiene law; or
title three of article seven of the social services law:

(1) helping an individual with the completion of forms or
questionnaires;

(2) reviewing existing case records and collecting background
information about an individual which may be used by the licensed
professional or multi-disciplinary team;

(3) gathering and reporting information about previous behavioral
health interventions, hospitalizations, documented diagnosis, or prior
treatment for review by the licensed professional and multi-disciplinary
team;

(4) discussing with the individual his or her situation, needs,
concerns, and thoughts in order to help identify services that support
the individual's goals, independence, and quality of life;

(5) providing advice, information, and assistance to individuals and
family members to identify needs and available resources in the
community to help meet the needs of the individual or family member;

(6) engaging in immediate and long-term problem solving, engaging in
the development of social skills, or providing general help in areas
including, but not limited to, housing, employment, child care,
parenting, community based services, and finances;

(7) distributing paper copies of self-administered tests for the
individual to complete when such tests do not require the observation
and judgment of a licensed professional;

(8) monitoring treatment by the collection of written and/or
observational data in accordance with the treatment plan and providing
verbal or written reports to the multi-disciplinary team;

(9) identifying gaps in services and coordinating access to or
arranging services for individuals such as home care, community based
services, housing, employment, transportation, child care, vocational
training, or health care;

(10) offering education programs that provide information about
disease identification and recommended treatments that may be provided,
and how to access such treatment;

(11) reporting on behavior, actions, and responses to treatment by
collecting written and/or observational data as part of a
multi-disciplinary team;

(12) using de-escalation techniques consistent with appropriate
training;

(13) performing assessments using standardized, structured interview
tools or instruments;

(14) directly delivering services outlined in the service plan that
are not clinical in nature but have been tailored to an individual based
on any diagnoses such individual may have received from a licensed
professional; and

(15) advocating with educational, judicial or other systems to protect
an individual's rights and access to appropriate services.

(d) Provided, further, that nothing in this subdivision shall be
construed as requiring a license for any particular activity or function
based solely on the fact that the activity or function is not listed in
this subdivision.

11. The conduct, activities or services of a technician to administer
and score standardized objective (non-projective) psychological or
neuropsychological tests which have specific predetermined and
manualized administrative procedures which entail observing and
describing test behavior and test responses, and which do not require
evaluation, interpretation or other judgments; provided, however, that
such technician shall: (i) hold no less than a Bachelor's degree in
psychology or a related field; (ii) undergo a process of regular
training by a licensed psychologist, which shall include, but not be
limited to a minimum of eighty total hours of (a) professional ethics,
(b) studying and mastering information from test manuals, and (c) direct
observation of a licensed psychologist or trained technician
administering and scoring tests, in addition to a minimum of forty total
hours of administering and scoring tests in the presence of a licensed
psychologist or trained technician, provided such interaction with the
licensed psychologist equals or exceeds fifty percent of the total
training time; (iii) be under the direct and ongoing supervision of a
licensed psychologist in no greater than a 3:1 ratio or the part time
equivalent thereto; (iv) not be employed within a school setting and (v)
not select tests, analyze patient data or communicate results to
patients. The supervising licensed psychologist must submit, pursuant to
a form to be prescribed and developed within ninety days of the
effective date of this subdivision by the department, a sworn statement
detailing compliance with the above requirements. The licensed
psychologist's use of such individual pursuant to the terms of this
subdivision shall be undertaken only with special care and professional
judgment in order to ensure the safety and well-being of the patient
considering the severity of the symptoms, the age of the patient and the
length of the examination process, and shall include appropriate ongoing
contact with the licensed psychologist at appropriate intervals. Such
use shall be subject to the full disciplinary and regulatory authority
of the board of regents and the department pursuant to this title. The
licensed psychologist must notify the patient or designated health care
surrogate that the licensed psychologist may utilize the services of a
technician to administer certain exams, and must provide the patient or
designated health care surrogate the opportunity to object to the
licensed psychologist's plan to utilize a technician.

12. Notwithstanding any other provision of law to the contrary,
nothing in this article shall be construed to prohibit or limit the
activities or services provided under this article by any person who is
employed or who commences employment in a program or service operated,
regulated, funded, or approved by the department of mental hygiene, the
office of children and family services, or a local governmental unit as
that term is defined in section 41.03 of the mental hygiene law or a
social services district as defined in section sixty-one of the social
services law on or before two years from the date that the regulations
issued in accordance with section six of part Y of chapter fifty-seven
of the laws of two thousand eighteen appear in the state register or are
adopted, whichever is later. Such prohibitions or limitations shall not
apply to such employees for as long as they remain employed by such
programs or services and whether they remain employed by the same or
other employers providing such programs or services. Provided, however,
that any person who commences employment in such program or service
after such date and performs services that are restricted under this
article shall be appropriately licensed or authorized under this
article. Each state oversight agency shall create and maintain a process
to verify employment history of individuals exempt under this
subdivision.

13. The activities or services provided by a person with a master's
level degree in psychology or its equivalent, working under the
supervision of a licensed psychologist in a program or service operated,
regulated, funded, or approved by the department of mental hygiene, the
office of children and family services, or a local government unit as
that term is defined in section 41.03 of the mental hygiene law or a
social services district as defined in section sixty-one of the social
services law.