Bill Text: NY A01745 | 2025-2026 | General Assembly | Introduced


Bill Title: Provides for the licensure of school psychology practitioners; authorizes the use of the title "licensed school psychology practitioner" to licensed or exempt individuals; defines practice of licensed school psychology practitioners; sets forth requirements for professional licensure (including educational attainment, experience, exam and fee); provides for issuance of limited permits under specified circumstances; identifies exempt persons.

Spectrum: Moderate Partisan Bill (Democrat 25-4)

Status: (Introduced) 2025-01-14 - referred to higher education [A01745 Detail]

Download: New_York-2025-A01745-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1745

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2025
                                       ___________

        Introduced by M. of A. ROSENTHAL, OTIS, STIRPE, BENEDETTO, PAULIN, HEVE-
          SI,   CRUZ,   REYES,  GALLAGHER,  JONES,  KELLES,  LUPARDO,  ZINERMAN,
          SEAWRIGHT, DINOWITZ, SAYEGH, BICHOTTE HERMELYN, CLARK, SMITH, FORREST,
          JACKSON, R. CARROLL, HYNDMAN,  CUNNINGHAM,  SHIMSKY,  SIMON,  MIKULIN,
          WALSH,  SLATER  --  read  once and referred to the Committee on Higher
          Education

        AN ACT to amend the education  law  and  the  social  services  law,  in
          relation to the practice of a licensed school psychology practitioner

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Legislative intent and findings.    The  legislature  finds
     2  that  the  ever-growing social and emotional needs of children and youth
     3  have only been intensified by the COVID-19 pandemic.    The  legislature
     4  acknowledges that the U.S. Surgeon General has declared a national emer-
     5  gency  in  relation  to  children's  mental health, and that parents and
     6  professionals are calling for greater access to mental  health  services
     7  for  children.  The legislature therefore intends to ensure services are
     8  available for children, youth, and their parents to seek the  help  they
     9  need  by  allowing school psychology professionals to assist these indi-
    10  viduals outside of a traditional setting.  The  legislature  finds  that
    11  increasing  the  number of trained professionals who are able to provide
    12  mental health services outside of an educational setting will  be  posi-
    13  tive  for  the children, parents, school, and society. School psychology
    14  professionals are trained and educated in psychopathology, the  psychol-
    15  ogy  of  learning,  motivation and human development in order to address
    16  the many factors  influencing  their  adjustment  in  school  and  life.
    17  Accordingly,  these  factors  may  include  trauma, social and emotional
    18  adjustment, inequitable and historically marginalized  community  condi-
    19  tions,  school  climate,  and  home/school/community  collaboration. The
    20  legislature therefore declares that by addressing the needs of  children
    21  through  prevention  services,  assessments  and/or  counseling,  school

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04187-01-5

        A. 1745                             2

     1  psychology professionals can contribute to their future success.  It  is
     2  important  that  school  psychology  professionals  are held to specific
     3  standards and requirements that will ensure competent services.
     4    §  2.  The  education  law is amended by adding a new article 153-A to
     5  read as follows:
     6                                ARTICLE 153-A
     7                   LICENSED SCHOOL PSYCHOLOGY PRACTITIONER
     8  Section 7620. Introduction.
     9          7621. Practice of licensed school  psychology  practitioner  and
    10                  use of the title "licensed school psychology practition-
    11                  er".
    12          7622. Definition of the practice of a licensed school psychology
    13                  practitioner.
    14          7623. Requirements for a professional license.
    15          7624. Boundaries of professional competency.
    16          7625. Limited permits.
    17          7626. Exemptions.
    18          7627. Special provisions.
    19    § 7620. Introduction. This article applies to the profession and prac-
    20  tice  of a licensed school psychology practitioner and to the use of the
    21  title "licensed school psychology practitioner".  The general provisions
    22  for all professions contained in article  one  hundred  thirty  of  this
    23  title apply to this article.
    24    § 7621. Practice of licensed school psychology practitioner and use of
    25  the  title  "licensed  school  psychology practitioner".   Only a person
    26  licensed or exempt under this  article  shall  practice  as  a  licensed
    27  school  psychology  practitioner  or  use  the  title  "licensed  school
    28  psychology practitioner".
    29    § 7622. Definition of the practice of  a  licensed  school  psychology
    30  practitioner.  The practice of a licensed school psychology practitioner
    31  is:
    32    1. the assessment,  including  psycho-educational,  developmental  and
    33  vocational  assessment,  evaluation  and interpretation of intelligence,
    34  cognitive processes, aptitudes, interests, academic achievement, adjust-
    35  ment, personality factors and motivations, or any other  attributes,  to
    36  individuals or groups of individuals aged birth to twenty-two years that
    37  relate to learning, education or adjustment needs;
    38    2.   the   development  and  implementation  of  educationally-related
    39  psychotherapeutic and behavioral approaches to increase  school  adjust-
    40  ment  and  academic  success,  counseling  and  interpretive services to
    41  reduce education-related problems including, but not limited to,  verbal
    42  interaction,  interviewing, behavior techniques, developmental and voca-
    43  tional intervention, environmental management and group processes;
    44    3. consultation with representatives of schools, agencies  and  organ-
    45  izations,  families or individuals, including psycho-educational, devel-
    46  opmental and vocational   assistance  or  direct  educational  services,
    47  related  to  learning  problems and adjustments to those problems to the
    48  benefit of an individual or group of individuals aged birth  to  twenty-
    49  two years; and
    50    4.  the  development of programming, including designing, implementing
    51  or evaluating educationally and psychologically sound learning  environ-
    52  ments and the facilitation of psycho-educational development of individ-
    53  uals, families or groups.
    54    §  7623.    Requirements  for a professional license. To qualify for a
    55  license as a licensed school psychology practitioner, an applicant shall
    56  fulfill the following requirements:

        A. 1745                             3

     1    1. Application: File an application with the department;
     2    2.  Education:  Complete a minimum of sixty graduate semester hours in
     3  psychology credits including a master's degree and fulfill the  require-
     4  ments  of  an  advanced degree in school psychology or its equivalent or
     5  doctoral degree in school psychology from a program  registered  by  the
     6  department, or determined by the department to be the substantial equiv-
     7  alent  in  accordance with the commissioner's regulations.  The graduate
     8  coursework shall reflect the training and credentialing standards estab-
     9  lished by a national certifying body having  school  psychology  certif-
    10  ication  or  regional  standards  acceptable  to  the  commissioner  and
    11  include, but not be limited to, the following areas:
    12    (i) biological, social and cultural bases of development;
    13    (ii) psychopathology and exceptionality in learning and behavior;
    14    (iii)  assessment  and  appraisal  of  learners  in  home  and  school
    15  contexts;
    16    (iv)  consultation  and  collaboration in family, school and community
    17  systems;
    18    (v) effective instruction and development of  cognitive  and  academic
    19  skills;
    20    (vi)  prevention  and  treatment of behavioral and emotional disorders
    21  and deficits;
    22    (vii) school organization, curriculum, policy and law;
    23    (viii) research and program evaluation;
    24    (ix) professional and ethical practice of psychology in schools; and
    25    (x) completion of a  twelve  hundred  hour  supervised  internship  in
    26  school  psychology, with no less than six hundred hours completed within
    27  a school setting  or  such  other  setting  otherwise  governed  by  the
    28  provisions  of  section sixty-five hundred three-a or sixty-five hundred
    29  three-b of this title relating to waivers for entities providing profes-
    30  sional services.
    31    3. Experience: Complete a minimum of two thousand four  hundred  hours
    32  of  post-master's  supervised  experience  relevant  to  the practice of
    33  school psychology satisfactory to the board and in accordance  with  the
    34  commissioner's regulations, such supervised experience which may include
    35  one  thousand two hundred hours completed as part of a program in school
    36  psychology. Satisfactory experience  obtained  in  an  entity  operating
    37  under  a  waiver issued by the department pursuant to section sixty-five
    38  hundred three-a of  this  title  may  be  accepted  by  the  department,
    39  notwithstanding that such experience may have been obtained prior to the
    40  effective  date  of such section sixty-five hundred three-a and/or prior
    41  to the entity having obtained a waiver. The  department  may,  for  good
    42  cause  shown,  accept  satisfactory  experience  that  was obtained in a
    43  setting that would have been eligible for a waiver  but  which  has  not
    44  obtained a waiver from the department or experience that was obtained in
    45  good  faith  by the applicant under the belief that appropriate authori-
    46  zation had been obtained for the experience, provided that such  experi-
    47  ence meets all other requirements for acceptable experience;
    48    4.  Examination:  Pass an examination satisfactory to the board and in
    49  accordance with the commissioner's regulations;
    50    5. Age: Be at least twenty-one years of age;
    51    6. Character: Be of good moral character as determined by the  depart-
    52  ment; and
    53    7.  Fees: Pay a fee of one hundred seventy-five dollars to the depart-
    54  ment for admission to a department  conducted  examination  and  for  an
    55  initial license and a fee of one hundred seventy dollars for each trien-
    56  nial registration period.

        A. 1745                             4

     1    §  7624. Boundaries of professional competency. 1.  It shall be deemed
     2  practicing outside the boundaries of a person's professional  competence
     3  for a person licensed pursuant to this article, in the case of treatment
     4  of  any  serious  mental illness, to provide  any mental health services
     5  for  such illness on a continuous and sustained basis without a  medical
     6  evaluation of the illness by, and consultation with, a physician regard-
     7  ing such  illness.  Such medical evaluation and consultation shall be to
     8  determine and advise whether any medical  care  is  indicated  for  such
     9  illness.  For  purposes of this section,  "serious mental illness" means
    10  schizophrenia,  schizoaffective  disorder,  bipolar  disorder,     major
    11  depressive  disorder,  panic disorder and obsessive-compulsive disorder.
    12  Nothing in this section shall be construed to prevent, limit  or  impair
    13  consultation with any other health or mental health professional.  Noth-
    14  ing  herein  contained shall limit, modify, restrict or otherwise affect
    15  the definition of the practice of a licensed school  psychology  practi-
    16  tioner  as  provided  in  section seventy-six hundred twenty-two of this
    17  article.
    18    2. Any individual whose license or authority to practice derives  from
    19  the provisions of this article shall be prohibited from:
    20    (a) prescribing or administering drugs as defined in this chapter as a
    21  treatment,  therapy,  or  professional  service  in the practice of such
    22  individual's profession;
    23    (b) using invasive procedures as a treatment, therapy, or professional
    24  service in the practice of such individual's profession. For purposes of
    25  this subdivision, "invasive procedure"  means  any  procedure  in  which
    26  human  tissue is cut, altered, or otherwise infiltrated by mechanical or
    27  other means.   Invasive procedure  includes  surgery,  lasers,  ionizing
    28  radiation, therapeutic ultrasound, or electroconvulsive therapy; or
    29    (c)  engaging  in  dual  setting  practice,  or  otherwise offering or
    30  providing private practice services to a student of a school or  special
    31  education  program where the practitioner is currently employed or under
    32  contract with such school or program.
    33    3. Nothing in this article shall be  deemed  to  authorize,  grant  or
    34  extend hospital privileges to individuals licensed under this article.
    35    § 7625. Limited permits.  1. The department may issue a limited permit
    36  to an applicant whose qualifications have been approved for admission to
    37  the examination in accordance with regulations promulgated therefor.
    38    2.  Limited  permits  shall  be  for  two years and be renewed, at the
    39  discretion of the department, for one additional year.
    40    3. The fee for each limited permit  and  for  each  renewal  shall  be
    41  seventy dollars.
    42    §  7626.  Exemptions.  Nothing  contained  in  this  article  shall be
    43  construed to:
    44    1. apply to the practice, conduct, activities, services or use of  any
    45  title  by  any person licensed or otherwise authorized to practice medi-
    46  cine within the state pursuant to article one hundred thirty-one of this
    47  title or by any person registered to perform  services  as  a  physician
    48  assistant  within the state pursuant to article one hundred thirty-one-B
    49  of this title or by any person licensed or otherwise authorized to prac-
    50  tice psychology within  this  state  pursuant  to  article  one  hundred
    51  fifty-three of this title or by any person licensed or otherwise author-
    52  ized  to practice as a licensed clinical social worker within this state
    53  pursuant to article one hundred fifty-four of  this  title,  or  by  any
    54  person  licensed or otherwise authorized to practice nursing as a regis-
    55  tered professional nurse within this state  pursuant    to  article  one
    56  hundred  thirty-nine  of this title, or by any person licensed or other-

        A. 1745                             5

     1  wise authorized to practice mental health counseling, marriage and fami-
     2  ly therapy, creative  arts therapy, or psychoanalysis within the  state,
     3  or  by  any  person licensed or otherwise authorized to practice applied
     4  behavior  analysis  within the state pursuant to this article; provided,
     5  however, that no physician, physician's  assistant,  registered  profes-
     6  sional  nurse,  psychologist,  licensed clinical social worker, licensed
     7  mental  health  counselor,  licensed  marriage  and  family   therapist,
     8  licensed  creative  arts  therapist,  licensed psychoanalyst or licensed
     9  applied behavior analyst may use the title unless  licensed  under  this
    10  article;
    11    2. prohibit or limit any individual who is credentialed under any law,
    12  including  attorneys, rape crisis counselors, certified alcoholism coun-
    13  selors and certified substance abuse counselors  from  providing  mental
    14  health services within their respective established authorities;
    15    3.  prohibit  or limit the  practice of a profession licensed pursuant
    16  to this article by a student, intern or resident in, and as a part of, a
    17  supervised educational program in an institution approved by the depart-
    18  ment;
    19    4. prohibit or limit the provision of pastoral counseling services  by
    20  any  member  of the clergy or Christian Science practitioner, within the
    21  context of such member of the clergy or Christian Science practitioner's
    22  ministerial  charge or obligation;
    23    5. prohibit or limit individuals, churches, schools, teachers,  organ-
    24  izations,  or  not-for-profit  businesses,  from  providing instruction,
    25  advice, support, encouragement, or information to individuals, families,
    26  and relational groups;
    27    6. prohibit or limit an occupational therapist  from  performing  work
    28  consistent with article one hundred fifty-six of this title;
    29    7.  affect  or  prevent  the  activities  or services on the part of a
    30  person in the employ of a federal, state, county, or  municipal  agency,
    31  other  political  subdivision,  or  a  chartered elementary or secondary
    32  school or degree-granting educational institution insofar as such activ-
    33  ities and services are a part of the duties of  such  person's  salaried
    34  position; or
    35    8.  impair  or affect the conduct, activities or services of a techni-
    36  cian to administer and  score  standardized  objective  (non-projective)
    37  psychological  or neuropsychological tests which have specific predeter-
    38  mined and manualized administrative procedures  which  entail  observing
    39  and  describing  test  behavior  and  test  responses,  and which do not
    40  require evaluation, interpretation or other  judgments  as  provided  in
    41  subdivision eleven of section seventy-six hundred five of this title.
    42    §  7627.  Special  provisions.  1. Any nonexempt person practicing the
    43  profession of licensed school psychology practitioner shall apply for  a
    44  license of such profession within one year of the effective date of this
    45  section.
    46    (a) If such person does not meet the requirements for a license estab-
    47  lished  within  this  article, such person may meet alternative criteria
    48  determined by the department to be the substantial  equivalent  of  such
    49  criteria.
    50    (b)  If  such  person meets the requirements for a license established
    51  within this  article, except for examination, and has been certified  or
    52  registered  by  a national certifying or registering body having certif-
    53  ication or registration standards acceptable to   the commissioner,  the
    54  department shall license without examination.
    55    2.  Notwithstanding  the  requirements  of section seventy-six hundred
    56  twenty-three of this article, and for a period of time not to exceed two

        A. 1745                             6

     1  years from the effective date of this  article,  an  individual  may  be
     2  licensed  as  a  school psychology practitioner provided such person has
     3  either:
     4    (a) met the educational requirements as defined in section seventy-six
     5  hundred  twenty-three  of  this  article  and  performed the duties of a
     6  school psychologist as authorized by article one hundred fifty-three  of
     7  this title or any other provision of law, for two of the past five years
     8  prior to the effective date of this article; or
     9    (b)  performed  the  duties  of a school psychologist as authorized by
    10  article one hundred fifty-three of this title or any other provision  of
    11  law,  for  at least five years prior to the effective date of this arti-
    12  cle.
    13    3. Any person licensed pursuant to this article may use accepted codes
    14  and classifications of signs, symptoms, dysfunctions and  disorders,  as
    15  approved  in accordance with regulations  promulgated by the department,
    16  in the practice of such licensed profession.
    17    4. Nothing in this article shall be deemed to alter, modify or  affect
    18  the  provisions  of section three thousand twelve or twenty-five hundred
    19  ten of this chapter or otherwise affect the certification  of  a  school
    20  psychologist.
    21    §  3.  Paragraph  a  of subdivision 3 of section 6507 of the education
    22  law, as amended by chapter 479 of the laws of 2022, is amended  to  read
    23  as follows:
    24    a. Establish standards for preprofessional and professional education,
    25  experience and licensing examinations as required to implement the arti-
    26  cle for each profession. Notwithstanding any other provision of law, the
    27  commissioner shall establish standards requiring that all persons apply-
    28  ing,  on or after January first, nineteen hundred ninety-one, initially,
    29  or for the renewal of, a license, registration or limited permit to be a
    30  physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
    31  trist,  psychiatrist,  psychologist,  licensed school psychology practi-
    32  tioner, licensed master social worker, licensed clinical social  worker,
    33  licensed  creative  arts  therapist, licensed marriage and family thera-
    34  pist, licensed mental health counselor, licensed  psychoanalyst,  dental
    35  hygienist,  licensed  behavior  analyst,  or  certified behavior analyst
    36  assistant shall, in addition to all the other  licensure,  certification
    37  or permit requirements, have completed two hours of coursework or train-
    38  ing  regarding  the  identification  and  reporting  of  child abuse and
    39  maltreatment. The coursework or  training  shall  be  obtained  from  an
    40  institution  or  provider  which  has been approved by the department to
    41  provide such coursework or training. The coursework  or  training  shall
    42  include  information regarding the physical and behavioral indicators of
    43  child abuse and maltreatment and the  statutory  reporting  requirements
    44  set out in sections four hundred thirteen through four hundred twenty of
    45  the  social  services  law, including but not limited to, when and how a
    46  report must be made, what other actions  the  reporter  is  mandated  or
    47  authorized  to  take,  the legal protections afforded reporters, and the
    48  consequences for failing to report. Such coursework or training may also
    49  include information regarding the physical and behavioral indicators  of
    50  the  abuse  of individuals with developmental disabilities and voluntary
    51  reporting of abused or neglected adults to the office  for  people  with
    52  developmental  disabilities or the local adult protective services unit.
    53  Each applicant shall provide the department with  documentation  showing
    54  that [he or she] such applicant has completed the required training. The
    55  department shall provide an exemption from the child abuse and maltreat-
    56  ment  training  requirements  to  any  applicant  who  requests  such an

        A. 1745                             7

     1  exemption and who shows, to the department's  satisfaction,  that  there
     2  would  be no need because of the nature of [his or her] such applicant's
     3  practice for [him or her] such applicant to complete such training;
     4    §  4.  Paragraph  a  of subdivision 3 of section 6507 of the education
     5  law, as amended by chapter 733 of the laws of 2023, is amended  to  read
     6  as follows:
     7    a. Establish standards for preprofessional and professional education,
     8  experience and licensing examinations as required to implement the arti-
     9  cle for each profession. Notwithstanding any other provision of law, the
    10  commissioner shall establish standards requiring that all persons apply-
    11  ing,  on or after January first, nineteen hundred ninety-one, initially,
    12  or for the renewal of, a license, registration or limited permit to be a
    13  physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
    14  trist,  psychiatrist,  psychologist,  licensed school psychology practi-
    15  tioner, licensed master social worker, licensed clinical social  worker,
    16  licensed  creative  arts  therapist, licensed marriage and family thera-
    17  pist, licensed mental health counselor, licensed  psychoanalyst,  dental
    18  hygienist, licensed behavior analyst, certified behavior analyst assist-
    19  ant,  or athletic trainer shall, in addition to all the other licensure,
    20  certification or  permit  requirements,  have  completed  two  hours  of
    21  coursework  or  training  regarding  the identification and reporting of
    22  child abuse and  maltreatment.  The  coursework  or  training  shall  be
    23  obtained  from an institution or provider which has been approved by the
    24  department to provide such coursework or  training.  The  coursework  or
    25  training shall include information regarding the physical and behavioral
    26  indicators  of  child abuse and maltreatment and the statutory reporting
    27  requirements set out in sections  four  hundred  thirteen  through  four
    28  hundred twenty of the social services law, including but not limited to,
    29  when  and  how a report must be made, what other actions the reporter is
    30  mandated or authorized to take, the legal  protections  afforded  repor-
    31  ters,  and  the  consequences  for failing to report. Such coursework or
    32  training may also include information regarding the physical and  behav-
    33  ioral indicators of the abuse of individuals with developmental disabil-
    34  ities  and  voluntary  reporting  of  abused  or neglected adults to the
    35  office for people with developmental disabilities  or  the  local  adult
    36  protective  services unit.   Each applicant shall provide the department
    37  with documentation showing that [he or she] such applicant has completed
    38  the required training. The department shall provide  an  exemption  from
    39  the  child abuse and maltreatment training requirements to any applicant
    40  who requests such an exemption and who shows, to the department's satis-
    41  faction, that there would be no need because of the nature  of  [his  or
    42  her]  such  applicant's  practice  for  [him  or  her] such applicant to
    43  complete such training;
    44    § 5. Section 7602 of the education law, as added by chapter 987 of the
    45  laws of 1971, is amended to read as follows:
    46    § 7602. State board for psychology.   A  state  board  for  psychology
    47  shall  be  appointed  by  the  board of regents on recommendation of the
    48  commissioner for the purpose of assisting the board of regents  and  the
    49  department on matters of professional licensing and professional conduct
    50  in  accordance with section sixty-five hundred eight of this title.  The
    51  board shall be composed of not less than eleven [psychologists  licensed
    52  in  this  state] members, seven of whom shall be licensed psychologists,
    53  two of whom shall be licensed school psychology practitioners and two of
    54  whom shall be public members.  An executive secretary to the board shall
    55  be appointed by the board of regents  upon  the  recommendation  of  the
    56  commissioner and shall be a psychologist, licensed in this state.

        A. 1745                             8

     1    §  6.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
     2  services law, as amended by section 7 of part C of  chapter  57  of  the
     3  laws of 2018, is amended to read as follows:
     4    (a)  The  following  persons  and  officials are required to report or
     5  cause a report to be made in accordance with this title when  they  have
     6  reasonable  cause  to  suspect  that a child coming before them in their
     7  professional or official capacity is an abused or maltreated  child,  or
     8  when  they have reasonable cause to suspect that a child is an abused or
     9  maltreated child where the parent, guardian, custodian or  other  person
    10  legally  responsible  for  such child comes before them in their profes-
    11  sional or official capacity and states from  personal  knowledge  facts,
    12  conditions or circumstances which, if correct, would render the child an
    13  abused  or maltreated child: any physician; registered physician assist-
    14  ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
    15  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
    16  psychologist; licensed school psychology practitioner; registered nurse;
    17  social worker; emergency  medical  technician;  licensed  creative  arts
    18  therapist;  licensed  marriage  and  family  therapist;  licensed mental
    19  health counselor; licensed  psychoanalyst;  licensed  behavior  analyst;
    20  certified  behavior analyst assistant; hospital personnel engaged in the
    21  admission, examination,  care  or  treatment  of  persons;  a  Christian
    22  Science practitioner; school official, which includes but is not limited
    23  to  school  teacher,  school  guidance  counselor,  school psychologist,
    24  school social worker, school nurse, school administrator or other school
    25  personnel required to hold  a  teaching  or  administrative  license  or
    26  certificate;  full  or part-time compensated school employee required to
    27  hold a temporary coaching license or professional coaching  certificate;
    28  social  services worker; employee of a publicly-funded emergency shelter
    29  for families with children; director of  a  children's  overnight  camp,
    30  summer  day camp or traveling summer day camp, as such camps are defined
    31  in section thirteen hundred ninety-two of the  public  health  law;  day
    32  care  center worker; school-age child care worker; provider of family or
    33  group family day care; employee  or  volunteer  in  a  residential  care
    34  facility  for  children  that  is licensed, certified or operated by the
    35  office of children and family services;  or  any  other  child  care  or
    36  foster  care worker; mental health professional; substance abuse counse-
    37  lor; alcoholism counselor; all persons credentialed  by  the  office  of
    38  [alcoholism  and  substance  abuse]  addiction  services  and  supports;
    39  employees, who are expected to have regular and substantial contact with
    40  children, of a  health  home  or  health  home  care  management  agency
    41  contracting with a health home as designated by the department of health
    42  and  authorized under section three hundred sixty-five-l of this chapter
    43  or such employees who provide home and community based services under  a
    44  demonstration  program pursuant to section eleven hundred fifteen of the
    45  federal social security  act  who  are  expected  to  have  regular  and
    46  substantial  contact  with  children;  peace  officer;  police  officer;
    47  district attorney or assistant district attorney; investigator  employed
    48  in the office of a district attorney; or other law enforcement official.
    49    §  7.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
    50  services law, as amended by chapter 733 of the laws of 2023, is  amended
    51  to read as follows:
    52    (a)  The  following  persons  and  officials are required to report or
    53  cause a report to be made in accordance with this title when  they  have
    54  reasonable  cause  to  suspect  that a child coming before them in their
    55  professional or official capacity is an abused or maltreated  child,  or
    56  when  they have reasonable cause to suspect that a child is an abused or

        A. 1745                             9

     1  maltreated child where the parent, guardian, custodian or  other  person
     2  legally  responsible  for  such child comes before them in their profes-
     3  sional or official capacity and states from  personal  knowledge  facts,
     4  conditions or circumstances which, if correct, would render the child an
     5  abused  or maltreated child: any physician; registered physician assist-
     6  ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
     7  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
     8  athletic trainer; psychologist; licensed school psychology practitioner;
     9  registered nurse; social worker; emergency medical technician;  licensed
    10  creative   arts  therapist;  licensed  marriage  and  family  therapist;
    11  licensed  mental  health  counselor;  licensed  psychoanalyst;  licensed
    12  behavior analyst; certified behavior analyst assistant; hospital person-
    13  nel engaged in the admission, examination, care or treatment of persons;
    14  a Christian Science practitioner; school official, which includes but is
    15  not  limited  to  school  teacher,  school  guidance  counselor,  school
    16  psychologist, school social worker, school nurse,  school  administrator
    17  or  other school personnel required to hold a teaching or administrative
    18  license or certificate; full or part-time  compensated  school  employee
    19  required  to  hold a temporary coaching license or professional coaching
    20  certificate; social services worker; employee of a publicly-funded emer-
    21  gency shelter for families with children; director of a children's over-
    22  night camp, summer day camp or traveling summer day camp, as such  camps
    23  are  defined in section thirteen hundred ninety-two of the public health
    24  law; day care center worker; school-age child care worker;  provider  of
    25  family  or group family day care; employee or volunteer in a residential
    26  care facility for children that is licensed, certified  or  operated  by
    27  the  office  of children and family services; or any other child care or
    28  foster care worker; mental health professional; substance abuse  counse-
    29  lor;  alcoholism  counselor;  all  persons credentialed by the office of
    30  [alcoholism  and  substance  abuse]  addiction  services  and  supports;
    31  employees, who are expected to have regular and substantial contact with
    32  children,  of  a  health  home  or  health  home  care management agency
    33  contracting with a health home as designated by the department of health
    34  and authorized under section three hundred sixty-five-l of this  chapter
    35  or  such employees who provide home and community based services under a
    36  demonstration program pursuant to section eleven hundred fifteen of  the
    37  federal  social  security  act  who  are  expected  to  have regular and
    38  substantial  contact  with  children;  peace  officer;  police  officer;
    39  district  attorney or assistant district attorney; investigator employed
    40  in the office of a district attorney; or other law enforcement official.
    41    § 8. Subparagraph (i) of paragraph  a  of  subdivision  1  of  section
    42  6503-a  of  the  education law, as amended by chapter 554 of the laws of
    43  2013, is amended to read as follows:
    44    (i) services provided under article  one  hundred  fifty-three-A,  one
    45  hundred  fifty-four,  one hundred sixty-three or one hundred sixty-seven
    46  of this title for which licensure would be required, or
    47    § 9. Severability. If any clause, sentence, paragraph, section or part
    48  of this act shall be adjudged by any court of competent jurisdiction  to
    49  be  invalid,  the  judgment  shall not affect, impair, or invalidate the
    50  remainder thereof, but shall be confined in its operation to the clause,
    51  sentence, paragraph, section or part thereof directly  involved  in  the
    52  controversy in which the judgment shall have been rendered.
    53    §  10.  This act shall take effect eighteen months after it shall have
    54  become a law; provided, however, that:

        A. 1745                            10

     1    (a) sections four and seven of this act shall take effect on the  same
     2  date  and in the same manner as sections 10 and 12 of chapter 733 of the
     3  laws of 2023 take effect;
     4    (b) effective immediately the department of education is authorized to
     5  promulgate  any and all rules and regulations and take any other measure
     6  necessary to implement this act on or before its effective date, includ-
     7  ing, but not limited to, the appointment of the state board for psychol-
     8  ogy, the acceptance and processing of applications for licensure and the
     9  issuance of licenses; and
    10    (c) the provisions of article 153-A of the education law, as added  by
    11  section  two of this act, requiring a license or limited permit to prac-
    12  tice under such article shall not be enforced until  twenty-four  months
    13  after the effective date of this act.
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