Bill Text: NY S01865 | 2015-2016 | General Assembly | Amended

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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: Bipartisan Bill

Status: (Introduced - Dead) 2015-06-17 - SUBSTITUTED BY A3563C [S01865 Detail]

Download: New_York-2015-S01865-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1865--B
           Cal. No. 1286
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 15, 2015
                                      ___________
       Introduced  by  Sens.  VALESKY,  AVELLA,  CARLUCCI,  DeFRANCISCO, FUNKE,
         RITCHIE, ROBACH -- read twice and ordered printed, and when printed to
         be committed  to  the  Committee  on  Higher  Education  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to  said  committee -- reported favorably from said committee, ordered
         to first and second report, ordered to a third  reading,  amended  and
         ordered reprinted, retaining its place in the order of third reading
       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,  AND  (C) DIRECT OBSERVATION OF A
   14  LICENSED PSYCHOLOGIST OR TRAINED TECHNICIAN  ADMINISTERING  AND  SCORING
   15  TESTS,  IN  ADDITION  TO A MINIMUM OF FORTY TOTAL HOURS OF ADMINISTERING
   16  AND SCORING TESTS IN THE PRESENCE OF A LICENSED PSYCHOLOGIST OR  TRAINED
   17  TECHNICIAN,  PROVIDED  SUCH  INTERACTION  WITH THE LICENSED PSYCHOLOGIST
   18  EQUALS OR EXCEEDS FIFTY PERCENT OF THE TOTAL  TRAINING  TIME;  (III)  BE
   19  UNDER  THE  DIRECT AND ONGOING SUPERVISION OF A LICENSED PSYCHOLOGIST IN
   20  NO GREATER THAN A 3:1 RATIO OR THE PART TIME  EQUIVALENT  THERETO;  (IV)
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07643-03-5
       S. 1865--B                          2
    1  NOT  BE  EMPLOYED  WITHIN  A  SCHOOL  SETTING  AND (V) NOT SELECT TESTS,
    2  ANALYZE PATIENT DATA OR COMMUNICATE RESULTS TO PATIENTS. THE SUPERVISING
    3  LICENSED PSYCHOLOGIST MUST SUBMIT, PURSUANT TO A FORM TO  BE  PRESCRIBED
    4  AND  DEVELOPED WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVI-
    5  SION BY THE DEPARTMENT, A SWORN STATEMENT DETAILING COMPLIANCE WITH  THE
    6  ABOVE  REQUIREMENTS.  THE LICENSED PSYCHOLOGIST'S USE OF SUCH INDIVIDUAL
    7  PURSUANT TO THE TERMS OF THIS SUBDIVISION SHALL BE UNDERTAKEN ONLY  WITH
    8  SPECIAL CARE AND PROFESSIONAL JUDGMENT IN ORDER TO ENSURE THE SAFETY AND
    9  WELL-BEING  OF THE PATIENT CONSIDERING THE SEVERITY OF THE SYMPTOMS, THE
   10  AGE OF THE PATIENT AND THE LENGTH OF THE EXAMINATION PROCESS, AND  SHALL
   11  INCLUDE  APPROPRIATE  ONGOING  CONTACT WITH THE LICENSED PSYCHOLOGIST AT
   12  APPROPRIATE INTERVALS. SUCH USE SHALL BE SUBJECT TO THE  FULL  DISCIPLI-
   13  NARY AND REGULATORY AUTHORITY OF THE BOARD OF REGENTS AND THE DEPARTMENT
   14  PURSUANT  TO  THIS  TITLE.  THE  LICENSED  PSYCHOLOGIST  MUST NOTIFY THE
   15  PATIENT OR DESIGNATED HEALTH CARE SURROGATE THAT THE  LICENSED  PSYCHOL-
   16  OGIST  MAY  UTILIZE  THE  SERVICES OF A TECHNICIAN TO ADMINISTER CERTAIN
   17  EXAMS, AND MUST PROVIDE THE PATIENT OR DESIGNATED HEALTH CARE  SURROGATE
   18  THE OPPORTUNITY TO OBJECT TO THE LICENSED PSYCHOLOGIST'S PLAN TO UTILIZE
   19  A TECHNICIAN.
   20    S 2. This act shall take effect immediately.