Exempts certain persons who administer and score objective psychological tests from provisions of law relating to the practice of the profession of psychology

4 Co-sponsors

• Tony Avella
• David Carlucci
• John A. DeFrancisco
• Joseph E. Robach

BILL NUMBER:S4176B

Title of bill

An act to amend the education law, in relation to exempt persons under the profession of psychology

Purpose or general idea of bill

To allow testing technicians to administer and score standardized objective psychological or neuropsychological tests.

Summary of specific provisions

Section 1. Amends Section 7605 of the education law by adding a new paragraph 10, which would allow testing technicians to administer and score standardized objective psychological or neuropsychological tests which involve specific predetermined and manualized procedures.

Section 2. Effective Date

Justification

Prior to enactment of the psychology scope of practice law (Chapter 676 of the Laws of 2002), testing technicians routinely and successfully administered and scored standardized objective psychological and neuropsychological tests. The legislative intent of the psychology scope of practice law was to not change the practice of psychology. In 2003, the State Education Department issued a letter interpreting the 2002 statute as excluding the use of testing technicians for administering and scoring neuropsychological tests, on the grounds that test administration and scoring was captured within the scope of practice of psychology. The proposed legislation would reverse the negative impact of the 2003 interpretive letter, which severely limited access to these critically needed services, particularly for ethnic minority patients and those from low socioeconomic backgrounds.

The legislation would require that testing technicians have a Bachelor's degree in psychology or a related field; be trained by a licensed psychologist in a non-school setting where the ratio of technician to licensed psychologist does not exceed 3:1; and also requires that technicians not provide opinions or interpret data.

The practice of employing non-doctoral level technicians for objective, standardized psychological and neuropsychological testing had been a standard practice in New York until the promulgation of the interpretative letter of 2003, is widespread nationally in the profession, and is supported by all professional organizations including the American Psychological Association (APA), the Neuropsychology Division of the APA, the American Academy of Clinical Neuropsychology, the American. Board of Professional Neuropsychology, the National Academy of Neuropsychology and the International Neuropsychology Society. Additionally, current Medicare regulations allow for the use of testing technicians when diagnostic psychological testing is furnished under the supervision of a physician or clinical psychologist. This is represented by the CPT code 96119. The Veterans Administration continues to use testing technicians in neuropsychological practice throughout the country, including in New

York State. Although psychologists have been restricted from using testing technicians as a result of the interpretive letter in 2002, physicians have continued unrestricted use of testing technicians. This is an important division of labor in a psychologist's practice, which would allow the licensed psychologist to focus more directly on aspects of their practice which require the highest degree of training, clinical judgment and the ability to diagnose and treat individuals in their practices. Moreover, use of technicians is a cost efficient means of providing this clinical service which is particularly important in the midst of healthcare reform.

The time has come to revise New York's laws to more accurately reflect current and common practices in the field of neuropsychology.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

Immediately.