Bill Text: NY S08150 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes requirements for granting licensure and provisional endorsement licensure for the practice of mental health counseling.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced - Dead) 2024-01-10 - REFERRED TO HIGHER EDUCATION [S08150 Detail]

Download: New_York-2023-S08150-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8150

                    IN SENATE

                                    January 10, 2024
                                       ___________

        Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
          printed to be committed to the Committee on Higher Education

        AN ACT to amend the education law, in  relation  to  licensure  for  the
          practice of mental health counseling

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 8402 of the education law is amended  by  adding  a
     2  new subdivision 4 to read as follows:
     3    4.  (a)  Notwithstanding  any existing provisions to the contrary, the
     4  department shall issue a license, certificate, registration or permit to
     5  an applicant to allow practice  of  mental  health  counseling  if  such
     6  applicant, upon submitting such application to the department:
     7    (i)  holds a current license, certificate, registration or permit from
     8  another state, territory or country, and the department determines  such
     9  state's,  territory's or country's requirements are substantially equiv-
    10  alent to or exceed the requirements established in New York state;
    11    (ii) demonstrates competency in the profession or  occupation  through
    12  methods  determined  by  the department and the board, including but not
    13  limited to having completed continuing education or having worked in the
    14  profession or occupation for at least two of the  five  years  preceding
    15  the date upon which such application was submitted;
    16    (iii)  has not committed any act that constitutes grounds for refusal,
    17  suspension or revocation of  a  license,  certificate,  registration  or
    18  permit  to practice such profession or occupation, unless the department
    19  determines, in its discretion, that the act should not be an  impediment
    20  to  the  granting  of  a license, certificate, registration or permit to
    21  practice mental health counseling;
    22    (iv) is in good standing and has not been disciplined by the jurisdic-
    23  tion that issued the license, certificate, registration or permit unless
    24  the department determines, in its discretion, that the discipline should
    25  not be an impediment to the granting of a license,  certificate,  regis-
    26  tration or permit to practice mental health counseling; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13845-01-3
        S. 8150                             2

     1    (v)  pays  any fees that the department establishes as required to the
     2  granting of a license, certificate, registration or permit  to  practice
     3  mental health counseling.
     4    (b)  The  department,  in  its  discretion,  may  issue  a provisional
     5  endorsement license, certificate, registration or permit to an applicant
     6  for licensure to practice mental health counseling while such  applicant
     7  is  satisfying  remaining requirements for such licensure. A holder of a
     8  provisional endorsement license issued under this paragraph may practice
     9  mental health counseling until the occurrence of any of the following:
    10    (i) A denial by the department of a license, certificate, registration
    11  or permit.
    12    (ii) The expiration of the provisional endorsement license  as  estab-
    13  lished by the board by regulation.
    14    (iii)  The  holder  of  the  provisional  endorsement license fails to
    15  comply with the terms of the provisional license.
    16    (c) Nothing in this section is intended to supersede or replace exist-
    17  ing statutory provisions relating to licensure by endorsement or  licen-
    18  sure  by reciprocity applicable to the department or board through their
    19  respective enabling statutes.
    20    § 2. This act shall take effect immediately.