Bill Text: NY A03563 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Slight Partisan Bill (Democrat 12-4)

Status: (Passed) 2015-10-26 - signed chap.374 [A03563 Detail]

Download: New_York-2015-A03563-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3563
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 27, 2015
                                      ___________
       Introduced by M. of A. LAVINE, STIRPE, ENGLEBRIGHT, GOTTFRIED, BUCHWALD,
         FAHY, SKOUFIS -- Multi-Sponsored by -- M. of A. CURRAN, LUPARDO, LUPI-
         NACCI,  RA,  SCHIMEL,  SIMANOWITZ  --  read  once  and referred to the
         Committee on Higher Education
       AN ACT to amend the education law, in relation to exempt  persons  under
         the profession of psychology
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 7605 of the education law is amended  by  adding  a
    2  new subdivision 11 to read as follows:
    3    11.  THE CONDUCT, ACTIVITIES OR SERVICES OF A TECHNICIAN TO ADMINISTER
    4  AND  SCORE  STANDARDIZED  OBJECTIVE  (NON-PROJECTIVE)  PSYCHOLOGICAL  OR
    5  NEUROPSYCHOLOGICAL  TESTS  WHICH HAVE SPECIFIC PREDETERMINED AND MANUAL-
    6  IZED ADMINISTRATIVE PROCEDURES WHICH  ENTAIL  OBSERVING  AND  DESCRIBING
    7  TEST  BEHAVIOR  AND TEST RESPONSES, AND WHICH DO NOT REQUIRE EVALUATION,
    8  INTERPRETATION OR OTHER JUDGMENTS; PROVIDED, HOWEVER, THAT SUCH  TECHNI-
    9  CIAN SHALL: (I) HOLD NO LESS THAN A BACHELOR'S DEGREE IN PSYCHOLOGY OR A
   10  RELATED  FIELD; (II) UNDERGO A PROCESS OF REGULAR TRAINING BY A LICENSED
   11  PSYCHOLOGIST, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO  A  MINIMUM  OF
   12  EIGHTY  TOTAL HOURS OF (A) PROFESSIONAL ETHICS, (B) STUDYING AND MASTER-
   13  ING INFORMATION FROM TEST MANUALS, (C) DIRECT OBSERVATION OF A  LICENSED
   14  PSYCHOLOGIST  OR TRAINED TECHNICIAN ADMINISTERING AND SCORING TESTS, AND
   15  (D) ADMINISTERING AND SCORING  TESTS  IN  THE  PRESENCE  OF  A  LICENSED
   16  PSYCHOLOGIST  OR  TRAINED TECHNICIAN, PROVIDED SUCH INTERACTION WITH THE
   17  LICENSED PSYCHOLOGIST EQUALS OR  EXCEEDS  FIFTY  PERCENT  OF  THE  TOTAL
   18  TRAINING  TIME;  (III)  BE UNDER THE DIRECT AND ONGOING SUPERVISION OF A
   19  LICENSED PSYCHOLOGIST IN NO GREATER THAN A 3AGING RATIO OR THE PART TIME
   20  EQUIVALENT THERETO; (IV) NOT BE EMPLOYED WITHIN A  SCHOOL  SETTING;  AND
   21  (V)  NOT  SELECT  TESTS,  ANALYZE PATIENT DATA OR COMMUNICATE RESULTS TO
   22  PATIENTS. THE SUPERVISING LICENSED PSYCHOLOGIST MUST SUBMIT, PURSUANT TO
   23  A FORM TO BE PRESCRIBED AND DEVELOPED WITHIN NINETY DAYS OF  THE  EFFEC-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01968-02-5
       A. 3563                             2
    1  TIVE  DATE  OF  THIS  SUBDIVISION  BY  THE DEPARTMENT, A SWORN STATEMENT
    2  DETAILING COMPLIANCE WITH THE ABOVE REQUIREMENTS. THE LICENSED  PSYCHOL-
    3  OGIST'S USE OF SUCH TECHNICIAN PURSUANT TO THE TERMS OF THIS SUBDIVISION
    4  UNDERTAKEN  ONLY WITH SPECIAL CARE AND PROFESSIONAL JUDGMENT IN ORDER TO
    5  ENSURE THE SAFETY AND WELLBEING OF THE PATIENT CONSIDERING THE  SEVERITY
    6  OF  THE  SYMPTOMS, THE AGE OF THE PATIENT AND THE LENGTH OF THE EXAMINA-
    7  TION PROCESS, AND SHALL INCLUDE APPROPRIATE  ONGOING  CONTACT  WITH  THE
    8  LICENSED  PSYCHOLOGIST  AT  APPROPRIATE  INTERVALS.  SUCH  USE  SHALL BE
    9  SUBJECT TO THE FULL DISCIPLINARY AND REGULATORY AUTHORITY OF  THE  BOARD
   10  OF REGENTS AND THE DEPARTMENT PURSUANT TO THIS TITLE.
   11    S 2. This act shall take effect immediately.