License School Psychologists

Section 1. Legislative intent and findings. The legislature finds that while significant steps have been taken through legislation to implement the recommendations of executive and legislative task forces in the joint effort to combat the heroin and opioid crises in New York state, much more must be done to identify risk factors, develop community response and support strategies and to increase access to treatment.

The legislature intends to build on the initial aggressive efforts of the executive and legislative by recognizing the significant role mental and behavioral health professionals play in identifying the warning signs of heroin and opioid addiction in our children and the maladaptive behaviors that lead to early drug use and ultimately abuse and addiction. The legislature recognizes that certified school psychol-

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04588-15-8

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ogists are uniquely qualified to identify the risk and protective factors, coupled with adverse childhood experiences which constitute the drug abuse process. However, these highly trained specialists are constrained to provide vital services to the school setting only. The legislature finds that the state's mission to address the heroin and opioid crises in the state will be advanced through the licensure of school psychologists and the meaningful involvement of these trained practitioners in the development of a school and community based strategy of response and support.

§ 2. The education law is amended by adding a new article 166-A to read as follows:

ARTICLE 166-A

SCHOOL PSYCHOLOGY Section 8720. Introduction.

8721. Practice of school psychology and use of the title "school

psychologist".

8722. Definition of the practice of school psychology.

8723. Requirements for a professional license.

8724. Boundaries of professional competency.

8725. Limited permits.

8726. Exemptions.

8727. Special provisions.

§ 8720. Introduction. This article applies to the profession and practice of school psychology and to the use of the title "licensed school psychologist". The general provisions for all professions contained in article one hundred thirty of this title apply to this article.

§ 8721. Practice of school psychology and use of the title "school psychologist". Only a person licensed or exempt under this article shall practice school psychology or use the title "licensed school psychologist".

§ 8722. Definition of the practice of school psychology. The practice of school psychology is:

1. the assessment, including psycho-educational, developmental and vocational assessment, evaluation and interpretation of intelligence, cognitive processes, aptitudes, interests, academic achievement, adjustment, personality factors and motivations, or any other attributes, to individuals or groups of individuals aged birth to twenty-five years that relate to learning, education or adjustment needs;

2. the development and implementation of educationally-related psychotherapeutic and behavioral approaches to increase school adjustment and academic success, counseling and interpretive services to reduce education-related problems including, but not limited to, verbal interaction, interviewing, behavior techniques, developmental and vocational intervention, environmental management and group processes;

3. consultation with representatives of schools, agencies and organizations, families or individuals, including psycho-educational, developmental and vocational assistance or direct educational services, related to learning problems and adjustments to those problems to the benefit of an individual or group of individuals age birth to twentyfive years; and

4. the development of programming, including designing, implementing or evaluating educationally and psychologically sound learning environments and the facilitation of psycho-educational development of individuals, families or groups.

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§ 8723. Requirements for a professional license. To qualify for a license as a licensed school psychologist, an applicant shall fulfill the following requirements:

1. Application: File an application with the department;

2. Education: Complete a minimum of sixty graduate semester hours in psychology credits including a master's degree and fulfill the requirements of an advanced certificate in school psychology or its equivalent or doctoral degree in school psychology from a program registered by the department, or determined by the department to be the substantial equivalent in accordance with the commissioner's regulations. The graduate coursework shall include, but not be limited to, the following areas:

(i) biological, social and cultural bases of development;

(ii) psychopathology and exceptionality in learning and behavior;

(iii) assessment and appraisal of learners in home and school contexts;

(iv) consultation and collaboration in family, school and community systems;

(v) effective instruction and development of cognitive and academic skills;

(vi) prevention and treatment of behavioral and emotional disorders and deficits;

(vii) school organization, curriculum, policy and law;

(viii) research and program evaluation;

(ix) profession and ethical practice of psychology in schools; and

(x) completion of a twelve hundred hour supervised internship in school psychology, with no less than six hundred hours completed within a school setting.

3. Experience: Complete a minimum of two thousand four hundred hours of post-master's supervised experience relevant to the practice of school psychology satisfactory to the board and in accordance with the commissioner's regulations, such supervised experience which may include one thousand two hundred hours completed as part of a program in school psychology. 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 waiver. The department may, for good cause shown, accept satisfactory experience 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 experience, provided that such experience meets all other requirements for acceptable experience;

4. Examination: Pass an examination satisfactory to the board and in accordance with the commissioner's regulations;

5. Age: Be at least twenty-one years of age;

6. Character: Be of good moral character as determined by the department; and

7. Fees: Pay a fee of one hundred seventy-five dollars to the department for admission to a department conducted examination and for an initial license and a fee of one hundred seventy dollars for each triennial registration period.

§ 8724. Boundaries of professional competency. 1. It shall be deemed practicing outside the boundaries of his or her professional competence for a person licensed pursuant to this article, in the case of treatment

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of any serious mental illness, to provide any mental health services for such illness on a continuous and sustained basis without a medical evaluation of the illness by, and consultation with, a physician regarding such illness. Such medical evaluation and consultation shall be to determine and advise whether any medical care is indicated for such illness. For purposes of this section, "serious mental illness" means schizophrenia, schizoaffective disorder, bipolar disorder, major depressive disorder, panic disorder and obsessive-compulsive disorder. Nothing in this section shall be construed to prevent, limit or impair consultation with any other health or mental health professional. Nothing herein contained shall limit, modify, restrict or otherwise affect the definition of the practice of school psychology as provided in section eighty-seven hundred twenty-two of this article.

2. Any individual whose license or authority to practice derives from the provisions of this article shall be prohibited from:

(a) prescribing or administering drugs as defined in this chapter as a treatment, therapy, or professional service in the practice of his or her profession; or

(b) using invasive procedures as a treatment, therapy, or professional service in the practice of his or her profession. For purposes of this subdivision, "invasive procedure" means any procedure in which human tissue is cut, altered, or otherwise infiltrated by mechanical or other means. Invasive procedure includes surgery, lasers, ionizing radiation, therapeutic ultrasound, or electroconvulsive therapy; or

(c) engaging in dual setting practice, or otherwise offering or providing private practice services to a student of a school or special education program where the practitioner is currently employed or under contract with such school or program.

3. Nothing in this article shall be deemed to authorize, grant or extend hospital privileges to individuals licensed under this article.

§ 8725. Limited permits. 1. The department may issue a limited permit to an applicant whose qualifications have been approved for admission to the examination in accordance with regulations promulgated therefor.

2. Limited permits shall be for one year and be renewed, at the discretion of the department, for one additional year.

3. The fee for each limited permit and for each renewal shall be seventy dollars.

§ 8726. Exemptions. Nothing contained in this article shall be construed to:

1. apply to the practice, conduct, activities, services or use of any title 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 or by any person licensed or otherwise authorized to practice psychology within this state pursuant to article one hundred fifty-three of this title or by any person licensed or otherwise authorized to practice as a licensed clinical social worker within this state pursuant to article one hundred fifty-four of this title, or by any person licensed or otherwise authorized to practice nursing as a registered professional nurse within this state pursuant to article one hundred thirty-nine 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, or by any person licensed or otherwise authorized to practice applied behavior analysis within the state pursuant to this article; provided,

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however, that no physician, physician's assistant, registered professional nurse, psychologist, licensed clinical social worker, licensed mental health counselor, licensed marriage and family therapist, licensed creative arts therapist, licensed psychoanalyst or licensed applied behavior analyst may use the title unless licensed under this article;

2. prohibit or limit 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;

3. prohibit or limit the practice of a profession licensed pursuant to this article by a student, intern or resident in, and as a part of, a supervised educational program in an institution approved by the department;

4. prohibit or limit the provision of pastoral counseling services by any member of the clergy or Christian Science practitioner, within the context of his or her ministerial charge or obligation;

5. prohibit or limit individuals, churches, schools, teachers, organizations, or not-for-profit businesses, from providing instruction, advice, support, encouragement, or information to individuals, families, and relational groups;

6. prohibit or limit an occupational therapist from performing work consistent with article one hundred fifty-six of this title; or

7. affect or prevent the activities or services on the part of a person in the employ of a federal, state, county, or municipal agency, 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 such person's salaried position.

§ 8727. Special provisions. 1. Any nonexempt person practicing the profession of school psychology shall apply for a license of such profession within one year of the effective date of this section.

(a) If such person does not meet the requirements for a license established within this article, such person may meet alternative criteria determined by the department to be the substantial equivalent of such criteria.