Bill Text: NY A02033 | 2023-2024 | General Assembly | Amended
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 36-5)
Status: (Introduced) 2024-05-17 - print number 2033a [A02033 Detail]
Download: New_York-2023-A02033-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2033--A 2023-2024 Regular Sessions IN ASSEMBLY January 23, 2023 ___________ Introduced by M. of A. L. ROSENTHAL, OTIS, STIRPE, BENEDETTO, FAHY, ZEBROWSKI, DICKENS, PAULIN, HEVESI, CRUZ, REYES, GALLAGHER, JONES, KELLES, LUPARDO, MIKULIN, WALSH, BURGOS, ZINERMAN, AUBRY, SEAWRIGHT, DINOWITZ, SAYEGH, BICHOTTE HERMELYN, GUNTHER, CLARK, SMITH, FORREST, JACKSON, HYNDMAN, CARROLL, SILLITTI, CUNNINGHAM, SHIMSKY, SIMON, WALLACE, SLATER -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, EPSTEIN, McDONOUGH -- read once and referred to the Committee on Higher Educa- tion -- recommitted to the Committee on Higher Education in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05604-03-4A. 2033--A 2 1 adjustment, inequitable and historically marginalized community condi- 2 tions, school climate, and home/school/community collaboration. The 3 legislature therefore declares that by addressing the needs of children 4 through prevention services, assessments and/or counseling, school 5 psychology professionals can contribute to their future success. It is 6 important that school psychology professionals are held to specific 7 standards and requirements that will ensure competent services. 8 § 2. The education law is amended by adding a new article 153-A to 9 read as follows: 10 ARTICLE 153-A 11 LICENSED SCHOOL PSYCHOLOGY PRACTITIONER 12 Section 7620. Introduction. 13 7621. Practice of licensed school psychology practitioner and 14 use of the title "licensed school psychology practition- 15 er". 16 7622. Definition of the practice of a licensed school psychology 17 practitioner. 18 7623. Requirements for a professional license. 19 7624. Boundaries of professional competency. 20 7625. Limited permits. 21 7626. Exemptions. 22 7627. Special provisions. 23 § 7620. Introduction. This article applies to the profession and prac- 24 tice of a licensed school psychology practitioner and to the use of the 25 title "licensed school psychology practitioner". The general provisions 26 for all professions contained in article one hundred thirty of this 27 title apply to this article. 28 § 7621. Practice of licensed school psychology practitioner and use of 29 the title "licensed school psychology practitioner". Only a person 30 licensed or exempt under this article shall practice as a licensed 31 school psychology practitioner or use the title "licensed school 32 psychology practitioner". 33 § 7622. Definition of the practice of a licensed school psychology 34 practitioner. The practice of a licensed school psychology practitioner 35 is: 36 1. the assessment, including psycho-educational, developmental and 37 vocational assessment, evaluation and interpretation of intelligence, 38 cognitive processes, aptitudes, interests, academic achievement, adjust- 39 ment, personality factors and motivations, or any other attributes, to 40 individuals or groups of individuals aged birth to twenty-two years that 41 relate to learning, education or adjustment needs; 42 2. the development and implementation of educationally-related 43 psychotherapeutic and behavioral approaches to increase school adjust- 44 ment and academic success, counseling and interpretive services to 45 reduce education-related problems including, but not limited to, verbal 46 interaction, interviewing, behavior techniques, developmental and voca- 47 tional intervention, environmental management and group processes; 48 3. consultation with representatives of schools, agencies and organ- 49 izations, families or individuals, including psycho-educational, devel- 50 opmental and vocational assistance or direct educational services, 51 related to learning problems and adjustments to those problems to the 52 benefit of an individual or group of individuals aged birth to twenty- 53 two years; and 54 4. the development of programming, including designing, implementing 55 or evaluating educationally and psychologically sound learning environ-A. 2033--A 3 1 ments and the facilitation of psycho-educational development of individ- 2 uals, families or groups. 3 § 7623. Requirements for a professional license. To qualify for a 4 license as a licensed school psychology practitioner, an applicant shall 5 fulfill the following requirements: 6 1. Application: File an application with the department; 7 2. Education: Complete a minimum of sixty graduate semester hours in 8 psychology credits including a master's degree and fulfill the require- 9 ments of an advanced degree in school psychology or its equivalent or 10 doctoral degree in school psychology from a program registered by the 11 department, or determined by the department to be the substantial equiv- 12 alent in accordance with the commissioner's regulations. The graduate 13 coursework shall reflect the training and credentialing standards estab- 14 lished by a national certifying body having school psychology certif- 15 ication or regional standards acceptable to the commissioner and 16 include, but not be limited to, the following areas: 17 (i) biological, social and cultural bases of development; 18 (ii) psychopathology and exceptionality in learning and behavior; 19 (iii) assessment and appraisal of learners in home and school 20 contexts; 21 (iv) consultation and collaboration in family, school and community 22 systems; 23 (v) effective instruction and development of cognitive and academic 24 skills; 25 (vi) prevention and treatment of behavioral and emotional disorders 26 and deficits; 27 (vii) school organization, curriculum, policy and law; 28 (viii) research and program evaluation; 29 (ix) professional and ethical practice of psychology in schools; and 30 (x) completion of a twelve hundred hour supervised internship in 31 school psychology, with no less than six hundred hours completed within 32 a school setting or such other setting otherwise governed by the 33 provisions of section sixty-five hundred three-a or sixty-five hundred 34 three-b of this title relating to waivers for entities providing profes- 35 sional services. 36 3. Experience: Complete a minimum of two thousand four hundred hours 37 of post-master's supervised experience relevant to the practice of 38 school psychology satisfactory to the board and in accordance with the 39 commissioner's regulations, such supervised experience which may include 40 one thousand two hundred hours completed as part of a program in school 41 psychology. Satisfactory experience obtained in an entity operating 42 under a waiver issued by the department pursuant to section sixty-five 43 hundred three-a of this title may be accepted by the department, 44 notwithstanding that such experience may have been obtained prior to the 45 effective date of such section sixty-five hundred three-a and/or prior 46 to the entity having obtained a waiver. The department may, for good 47 cause shown, accept satisfactory experience that was obtained in a 48 setting that would have been eligible for a waiver but which has not 49 obtained a waiver from the department or experience that was obtained in 50 good faith by the applicant under the belief that appropriate authori- 51 zation had been obtained for the experience, provided that such experi- 52 ence meets all other requirements for acceptable experience; 53 4. Examination: Pass an examination satisfactory to the board and in 54 accordance with the commissioner's regulations; 55 5. Age: Be at least twenty-one years of age;A. 2033--A 4 1 6. Character: Be of good moral character as determined by the depart- 2 ment; and 3 7. Fees: Pay a fee of one hundred seventy-five dollars to the depart- 4 ment for admission to a department conducted examination and for an 5 initial license and a fee of one hundred seventy dollars for each trien- 6 nial registration period. 7 § 7624. Boundaries of professional competency. 1. It shall be deemed 8 practicing outside the boundaries of a person's professional competence 9 for a person licensed pursuant to this article, in the case of treatment 10 of any serious mental illness, to provide any mental health services 11 for such illness on a continuous and sustained basis without a medical 12 evaluation of the illness by, and consultation with, a physician regard- 13 ing such illness. Such medical evaluation and consultation shall be to 14 determine and advise whether any medical care is indicated for such 15 illness. For purposes of this section, "serious mental illness" means 16 schizophrenia, schizoaffective disorder, bipolar disorder, major 17 depressive disorder, panic disorder and obsessive-compulsive disorder. 18 Nothing in this section shall be construed to prevent, limit or impair 19 consultation with any other health or mental health professional. Noth- 20 ing herein contained shall limit, modify, restrict or otherwise affect 21 the definition of the practice of a licensed school psychology practi- 22 tioner as provided in section seventy-six hundred twenty-two of this 23 article. 24 2. Any individual whose license or authority to practice derives from 25 the provisions of this article shall be prohibited from: 26 (a) prescribing or administering drugs as defined in this chapter as a 27 treatment, therapy, or professional service in the practice of such 28 individual's profession; 29 (b) using invasive procedures as a treatment, therapy, or professional 30 service in the practice of such individual's profession. For purposes of 31 this subdivision, "invasive procedure" means any procedure in which 32 human tissue is cut, altered, or otherwise infiltrated by mechanical or 33 other means. Invasive procedure includes surgery, lasers, ionizing 34 radiation, therapeutic ultrasound, or electroconvulsive therapy; or 35 (c) engaging in dual setting practice, or otherwise offering or 36 providing private practice services to a student of a school or special 37 education program where the practitioner is currently employed or under 38 contract with such school or program. 39 3. Nothing in this article shall be deemed to authorize, grant or 40 extend hospital privileges to individuals licensed under this article. 41 § 7625. Limited permits. 1. The department may issue a limited permit 42 to an applicant whose qualifications have been approved for admission to 43 the examination in accordance with regulations promulgated therefor. 44 2. Limited permits shall be for two years and be renewed, at the 45 discretion of the department, for one additional year. 46 3. The fee for each limited permit and for each renewal shall be 47 seventy dollars. 48 § 7626. Exemptions. Nothing contained in this article shall be 49 construed to: 50 1. apply to the practice, conduct, activities, services or use of any 51 title by any person licensed or otherwise authorized to practice medi- 52 cine within the state pursuant to article one hundred thirty-one of this 53 title or by any person registered to perform services as a physician 54 assistant within the state pursuant to article one hundred thirty-one-B 55 of this title or by any person licensed or otherwise authorized to prac- 56 tice psychology within this state pursuant to article one hundredA. 2033--A 5 1 fifty-three of this title or by any person licensed or otherwise author- 2 ized to practice as a licensed clinical social worker within this state 3 pursuant to article one hundred fifty-four of this title, or by any 4 person licensed or otherwise authorized to practice nursing as a regis- 5 tered professional nurse within this state pursuant to article one 6 hundred thirty-nine of this title, or by any person licensed or other- 7 wise authorized to practice mental health counseling, marriage and fami- 8 ly therapy, creative arts therapy, or psychoanalysis within the state, 9 or by any person licensed or otherwise authorized to practice applied 10 behavior analysis within the state pursuant to this article; provided, 11 however, that no physician, physician's assistant, registered profes- 12 sional nurse, psychologist, licensed clinical social worker, licensed 13 mental health counselor, licensed marriage and family therapist, 14 licensed creative arts therapist, licensed psychoanalyst or licensed 15 applied behavior analyst may use the title unless licensed under this 16 article; 17 2. prohibit or limit any individual who is credentialed under any law, 18 including attorneys, rape crisis counselors, certified alcoholism coun- 19 selors and certified substance abuse counselors from providing mental 20 health services within their respective established authorities; 21 3. prohibit or limit the practice of a profession licensed pursuant 22 to this article by a student, intern or resident in, and as a part of, a 23 supervised educational program in an institution approved by the depart- 24 ment; 25 4. prohibit or limit the provision of pastoral counseling services by 26 any member of the clergy or Christian Science practitioner, within the 27 context of such member of the clergy or Christian Science practitioner's 28 ministerial charge or obligation; 29 5. prohibit or limit individuals, churches, schools, teachers, organ- 30 izations, or not-for-profit businesses, from providing instruction, 31 advice, support, encouragement, or information to individuals, families, 32 and relational groups; 33 6. prohibit or limit an occupational therapist from performing work 34 consistent with article one hundred fifty-six of this title; 35 7. affect or prevent the activities or services on the part of a 36 person in the employ of a federal, state, county, or municipal agency, 37 other political subdivision, or a chartered elementary or secondary 38 school or degree-granting educational institution insofar as such activ- 39 ities and services are a part of the duties of such person's salaried 40 position; or 41 8. impair or affect the conduct, activities or services of a techni- 42 cian to administer and score standardized objective (non-projective) 43 psychological or neuropsychological tests which have specific predeter- 44 mined and manualized administrative procedures which entail observing 45 and describing test behavior and test responses, and which do not 46 require evaluation, interpretation or other judgments as provided in 47 subdivision eleven of section seventy-six hundred five of this title. 48 § 7627. Special provisions. 1. Any nonexempt person practicing the 49 profession of licensed school psychology practitioner shall apply for a 50 license of such profession within one year of the effective date of this 51 section. 52 (a) If such person does not meet the requirements for a license estab- 53 lished within this article, such person may meet alternative criteria 54 determined by the department to be the substantial equivalent of such 55 criteria.A. 2033--A 6 1 (b) If such person meets the requirements for a license established 2 within this article, except for examination, and has been certified or 3 registered by a national certifying or registering body having certif- 4 ication or registration standards acceptable to the commissioner, the 5 department shall license without examination. 6 2. Notwithstanding the requirements of section seventy-six hundred 7 twenty-three of this article, and for a period of time not to exceed two 8 years from the effective date of this article, an individual may be 9 licensed as a school psychology practitioner provided such person has 10 either: 11 (a) met the educational requirements as defined in section seventy-six 12 hundred twenty-three of this article and performed the duties of a 13 school psychologist as authorized by article one hundred fifty-three of 14 this title or any other provision of law, for two of the past five years 15 prior to the effective date of this article; or 16 (b) performed the duties of a school psychologist as authorized by 17 article one hundred fifty-three of this title or any other provision of 18 law, for at least five years prior to the effective date of this arti- 19 cle. 20 3. Any person licensed pursuant to this article may use accepted codes 21 and classifications of signs, symptoms, dysfunctions and disorders, as 22 approved in accordance with regulations promulgated by the department, 23 in the practice of such licensed profession. 24 4. Nothing in this article shall be deemed to alter, modify or affect 25 the provisions of section three thousand twelve or twenty-five hundred 26 ten of this chapter or otherwise affect the certification of a school 27 psychologist. 28 § 3. Paragraph a of subdivision 3 of section 6507 of the education 29 law, as amended by chapter 479 of the laws of 2022, is amended to read 30 as follows: 31 a. Establish standards for preprofessional and professional education, 32 experience and licensing examinations as required to implement the arti- 33 cle for each profession. Notwithstanding any other provision of law, the 34 commissioner shall establish standards requiring that all persons apply- 35 ing, on or after January first, nineteen hundred ninety-one, initially, 36 or for the renewal of, a license, registration or limited permit to be a 37 physician, chiropractor, dentist, registered nurse, podiatrist, optome- 38 trist, psychiatrist, psychologist, licensed school psychology practi- 39 tioner, licensed master social worker, licensed clinical social worker, 40 licensed creative arts therapist, licensed marriage and family thera- 41 pist, licensed mental health counselor, licensed psychoanalyst, dental 42 hygienist, licensed behavior analyst, or certified behavior analyst 43 assistant shall, in addition to all the other licensure, certification 44 or permit requirements, have completed two hours of coursework or train- 45 ing regarding the identification and reporting of child abuse and 46 maltreatment. The coursework or training shall be obtained from an 47 institution or provider which has been approved by the department to 48 provide such coursework or training. The coursework or training shall 49 include information regarding the physical and behavioral indicators of 50 child abuse and maltreatment and the statutory reporting requirements 51 set out in sections four hundred thirteen through four hundred twenty of 52 the social services law, including but not limited to, when and how a 53 report must be made, what other actions the reporter is mandated or 54 authorized to take, the legal protections afforded reporters, and the 55 consequences for failing to report. Such coursework or training may also 56 include information regarding the physical and behavioral indicators ofA. 2033--A 7 1 the abuse of individuals with developmental disabilities and voluntary 2 reporting of abused or neglected adults to the office for people with 3 developmental disabilities or the local adult protective services unit. 4 Each applicant shall provide the department with documentation showing 5 that [he or she] such applicant has completed the required training. The 6 department shall provide an exemption from the child abuse and maltreat- 7 ment training requirements to any applicant who requests such an 8 exemption and who shows, to the department's satisfaction, that there 9 would be no need because of the nature of [his or her] such applicant's 10 practice for [him or her] such applicant to complete such training; 11 § 4. Paragraph a of subdivision 3 of section 6507 of the education 12 law, as amended by chapter 733 of the laws of 2023, is amended to read 13 as follows: 14 a. Establish standards for preprofessional and professional education, 15 experience and licensing examinations as required to implement the arti- 16 cle for each profession. Notwithstanding any other provision of law, the 17 commissioner shall establish standards requiring that all persons apply- 18 ing, on or after January first, nineteen hundred ninety-one, initially, 19 or for the renewal of, a license, registration or limited permit to be a 20 physician, chiropractor, dentist, registered nurse, podiatrist, optome- 21 trist, psychiatrist, psychologist, licensed school psychology practi- 22 tioner, licensed master social worker, licensed clinical social worker, 23 licensed creative arts therapist, licensed marriage and family thera- 24 pist, licensed mental health counselor, licensed psychoanalyst, dental 25 hygienist, licensed behavior analyst, certified behavior analyst assist- 26 ant, or athletic trainer shall, in addition to all the other licensure, 27 certification or permit requirements, have completed two hours of 28 coursework or training regarding the identification and reporting of 29 child abuse and maltreatment. The coursework or training shall be 30 obtained from an institution or provider which has been approved by the 31 department to provide such coursework or training. The coursework or 32 training shall include information regarding the physical and behavioral 33 indicators of child abuse and maltreatment and the statutory reporting 34 requirements set out in sections four hundred thirteen through four 35 hundred twenty of the social services law, including but not limited to, 36 when and how a report must be made, what other actions the reporter is 37 mandated or authorized to take, the legal protections afforded repor- 38 ters, and the consequences for failing to report. Such coursework or 39 training may also include information regarding the physical and behav- 40 ioral indicators of the abuse of individuals with developmental disabil- 41 ities and voluntary reporting of abused or neglected adults to the 42 office for people with developmental disabilities or the local adult 43 protective services unit. Each applicant shall provide the department 44 with documentation showing that [he or she] such applicant has completed 45 the required training. The department shall provide an exemption from 46 the child abuse and maltreatment training requirements to any applicant 47 who requests such an exemption and who shows, to the department's satis- 48 faction, that there would be no need because of the nature of [his or49her] such applicant's practice for [him or her] such applicant to 50 complete such training; 51 § 5. Section 7602 of the education law, as added by chapter 987 of the 52 laws of 1971, is amended to read as follows: 53 § 7602. State board for psychology. A state board for psychology 54 shall be appointed by the board of regents on recommendation of the 55 commissioner for the purpose of assisting the board of regents and the 56 department on matters of professional licensing and professional conductA. 2033--A 8 1 in accordance with section sixty-five hundred eight of this title. The 2 board shall be composed of not less than eleven [psychologists licensed3in this state] members, seven of whom shall be licensed psychologists, 4 two of whom shall be licensed school psychology practitioners and two of 5 whom shall be public members. An executive secretary to the board shall 6 be appointed by the board of regents upon the recommendation of the 7 commissioner and shall be a psychologist, licensed in this state. 8 § 6. Paragraph (a) of subdivision 1 of section 413 of the social 9 services law, as amended by section 7 of part C of chapter 57 of the 10 laws of 2018, is amended to read as follows: 11 (a) The following persons and officials are required to report or 12 cause a report to be made in accordance with this title when they have 13 reasonable cause to suspect that a child coming before them in their 14 professional or official capacity is an abused or maltreated child, or 15 when they have reasonable cause to suspect that a child is an abused or 16 maltreated child where the parent, guardian, custodian or other person 17 legally responsible for such child comes before them in their profes- 18 sional or official capacity and states from personal knowledge facts, 19 conditions or circumstances which, if correct, would render the child an 20 abused or maltreated child: any physician; registered physician assist- 21 ant; surgeon; medical examiner; coroner; dentist; dental hygienist; 22 osteopath; optometrist; chiropractor; podiatrist; resident; intern; 23 psychologist; licensed school psychology practitioner; registered nurse; 24 social worker; emergency medical technician; licensed creative arts 25 therapist; licensed marriage and family therapist; licensed mental 26 health counselor; licensed psychoanalyst; licensed behavior analyst; 27 certified behavior analyst assistant; hospital personnel engaged in the 28 admission, examination, care or treatment of persons; a Christian 29 Science practitioner; school official, which includes but is not limited 30 to school teacher, school guidance counselor, school psychologist, 31 school social worker, school nurse, school administrator or other school 32 personnel required to hold a teaching or administrative license or 33 certificate; full or part-time compensated school employee required to 34 hold a temporary coaching license or professional coaching certificate; 35 social services worker; employee of a publicly-funded emergency shelter 36 for families with children; director of a children's overnight camp, 37 summer day camp or traveling summer day camp, as such camps are defined 38 in section thirteen hundred ninety-two of the public health law; day 39 care center worker; school-age child care worker; provider of family or 40 group family day care; employee or volunteer in a residential care 41 facility for children that is licensed, certified or operated by the 42 office of children and family services; or any other child care or 43 foster care worker; mental health professional; substance abuse counse- 44 lor; alcoholism counselor; all persons credentialed by the office of 45 [alcoholism and substance abuse] addiction services and supports; 46 employees, who are expected to have regular and substantial contact with 47 children, of a health home or health home care management agency 48 contracting with a health home as designated by the department of health 49 and authorized under section three hundred sixty-five-l of this chapter 50 or such employees who provide home and community based services under a 51 demonstration program pursuant to section eleven hundred fifteen of the 52 federal social security act who are expected to have regular and 53 substantial contact with children; peace officer; police officer; 54 district attorney or assistant district attorney; investigator employed 55 in the office of a district attorney; or other law enforcement official.A. 2033--A 9 1 § 7. Paragraph (a) of subdivision 1 of section 413 of the social 2 services law, as amended by chapter 733 of the laws of 2023, is amended 3 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 athletic trainer; psychologist; licensed school psychology practitioner; 17 registered nurse; social worker; emergency medical technician; licensed 18 creative arts therapist; licensed marriage and family therapist; 19 licensed mental health counselor; licensed psychoanalyst; licensed 20 behavior analyst; certified behavior analyst assistant; hospital person- 21 nel engaged in the admission, examination, care or treatment of persons; 22 a Christian Science practitioner; school official, which includes but is 23 not limited to school teacher, school guidance counselor, school 24 psychologist, school social worker, school nurse, school administrator 25 or other school personnel required to hold a teaching or administrative 26 license or certificate; full or part-time compensated school employee 27 required to hold a temporary coaching license or professional coaching 28 certificate; social services worker; employee of a publicly-funded emer- 29 gency shelter for families with children; director of a children's over- 30 night camp, summer day camp or traveling summer day camp, as such camps 31 are defined in section thirteen hundred ninety-two of the public health 32 law; day care center worker; school-age child care worker; provider of 33 family or group family day care; employee or volunteer in a residential 34 care facility for children that is licensed, certified or operated by 35 the 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 services; employees, who are expected to 39 have regular and substantial contact with children, of a health home or 40 health home care management agency contracting with a health home as 41 designated by the department of health and authorized under section 42 three hundred sixty-five-l of this chapter or such employees who provide 43 home and community based services under a demonstration program pursuant 44 to section eleven hundred fifteen of the federal social security act who 45 are expected to have regular and substantial contact with children; 46 peace officer; police officer; district attorney or assistant district 47 attorney; investigator employed in the office of a district attorney; or 48 other law enforcement official. 49 § 8. Subparagraph (i) of paragraph a of subdivision 1 of section 50 6503-a of the education law, as amended by chapter 554 of the laws of 51 2013, is amended to read as follows: 52 (i) services provided under article one hundred fifty-three-A, one 53 hundred fifty-four, one hundred sixty-three or one hundred sixty-seven 54 of this title for which licensure would be required, or 55 § 9. Severability. If any clause, sentence, paragraph, section or part 56 of this act shall be adjudged by any court of competent jurisdiction toA. 2033--A 10 1 be invalid, the judgment shall not affect, impair, or invalidate the 2 remainder thereof, but shall be confined in its operation to the clause, 3 sentence, paragraph, section or part thereof directly involved in the 4 controversy in which the judgment shall have been rendered. 5 § 10. This act shall take effect eighteen months after it shall have 6 become a law; provided, however, that: 7 (a) sections four and seven of this act shall take effect on the same 8 date and in the same manner as sections 10 and 12 of chapter 733 of the 9 laws of 2023 take effect; 10 (b) effective immediately the department of education is authorized to 11 promulgate any and all rules and regulations and take any other measure 12 necessary to implement this act on or before its effective date, includ- 13 ing, but not limited to, the appointment of the state board for psychol- 14 ogy, the acceptance and processing of applications for licensure and the 15 issuance of licenses; and 16 (c) the provisions of article 153-A of the education law, as added by 17 section two of this act, requiring a license or limited permit to prac- 18 tice under such article shall not be enforced until twenty-four months 19 after the effective date of this act.
