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

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-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3563--A
                              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, FITZPATRICK,
         LUPARDO, LUPINACCI, RA, SCHIMEL, SIMANOWITZ, SIMON --  read  once  and
         referred to the Committee on Higher Education -- committee discharged,
         bill  amended,  ordered  reprinted  as amended and recommitted to said
         committee
       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 3:1 RATIO OR  THE  PART  TIME
   20  EQUIVALENT THERETO; (IV) NOT BE EMPLOYED WITHIN A SCHOOL SETTING AND (V)
   21  NOT  SELECT  TESTS,  ANALYZE  PATIENT  DATA  OR  COMMUNICATE  RESULTS TO
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01968-03-5
       A. 3563--A                          2
    1  PATIENTS. THE SUPERVISING LICENSED PSYCHOLOGIST MUST SUBMIT, PURSUANT TO
    2  A FORM TO BE PRESCRIBED AND DEVELOPED WITHIN NINETY DAYS OF  THE  EFFEC-
    3  TIVE  DATE  OF  THIS  SUBDIVISION  BY  THE DEPARTMENT, A SWORN STATEMENT
    4  DETAILING  COMPLIANCE WITH THE ABOVE REQUIREMENTS. THE LICENSED PSYCHOL-
    5  OGIST'S USE OF SUCH INDIVIDUAL PURSUANT TO THE TERMS OF THIS SUBDIVISION
    6  SHALL BE UNDERTAKEN ONLY WITH SPECIAL CARE AND PROFESSIONAL JUDGMENT  IN
    7  ORDER TO ENSURE THE SAFETY AND WELL-BEING OF THE PATIENT CONSIDERING THE
    8  SEVERITY  OF  THE SYMPTOMS, THE AGE OF THE PATIENT AND THE LENGTH OF THE
    9  EXAMINATION PROCESS, AND SHALL INCLUDE APPROPRIATE ONGOING CONTACT  WITH
   10  THE  LICENSED  PSYCHOLOGIST  AT APPROPRIATE INTERVALS. SUCH USE SHALL BE
   11  SUBJECT TO THE FULL DISCIPLINARY AND REGULATORY AUTHORITY OF  THE  BOARD
   12  OF REGENTS AND THE DEPARTMENT PURSUANT TO THIS TITLE.
   13    S 2. This act shall take effect immediately.