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

New York Assembly Bill 3563 (Prior Session Legislation)

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

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

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3563--B
                              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, STECK -- Multi-Sponsored by -- M. of A. CURRAN, FITZPA-
         TRICK, 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 -- again reported from said  committee  with  amend-
         ments, 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)
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01968-04-5
       A. 3563--B                          2
    1  NOT SELECT  TESTS,  ANALYZE  PATIENT  DATA  OR  COMMUNICATE  RESULTS  TO
    2  PATIENTS. THE SUPERVISING LICENSED PSYCHOLOGIST MUST SUBMIT, PURSUANT TO
    3  A  FORM  TO BE PRESCRIBED AND DEVELOPED WITHIN NINETY DAYS OF THE EFFEC-
    4  TIVE  DATE  OF  THIS  SUBDIVISION  BY  THE DEPARTMENT, A SWORN STATEMENT
    5  DETAILING COMPLIANCE WITH THE ABOVE REQUIREMENTS. THE LICENSED  PSYCHOL-
    6  OGIST'S USE OF SUCH INDIVIDUAL PURSUANT TO THE TERMS OF THIS SUBDIVISION
    7  SHALL  BE UNDERTAKEN ONLY WITH SPECIAL CARE AND PROFESSIONAL JUDGMENT IN
    8  ORDER TO ENSURE THE SAFETY AND WELL-BEING OF THE PATIENT CONSIDERING THE
    9  SEVERITY OF THE SYMPTOMS, THE AGE OF THE PATIENT AND THE LENGTH  OF  THE
   10  EXAMINATION  PROCESS, AND SHALL INCLUDE APPROPRIATE ONGOING CONTACT WITH
   11  THE LICENSED PSYCHOLOGIST AT APPROPRIATE INTERVALS. SUCH  USE  SHALL  BE
   12  SUBJECT  TO  THE FULL DISCIPLINARY AND REGULATORY AUTHORITY OF THE BOARD
   13  OF REGENTS AND THE DEPARTMENT  PURSUANT  TO  THIS  TITLE.  THE  LICENSED
   14  PSYCHOLOGIST MUST NOTIFY THE PATIENT OR DESIGNATED HEALTH CARE SURROGATE
   15  THAT  THE LICENSED PSYCHOLOGIST MAY UTILIZE THE SERVICES OF A TECHNICIAN
   16  TO ADMINISTER CERTAIN EXAMS, AND MUST PROVIDE THE PATIENT OR  DESIGNATED
   17  HEALTH CARE SURROGATE THE OPPORTUNITY TO OBJECT TO THE LICENSED PSYCHOL-
   18  OGIST'S PLAN TO UTILIZE A TECHNICIAN.
   19    S 2. This act shall take effect immediately.