S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          420
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  M.  of  A.  ROSENTHAL, MILLER, SCARBOROUGH, CLARK, OTIS,
         SKOUFIS, BRENNAN -- Multi-Sponsored by -- M.  of  A.  LUPARDO,  MAYER,
         McDONOUGH,  SKARTADOS  --  read  once and referred to the Committee on
         Higher Education
       AN ACT to amend the education  law  and  the  social  services  law,  in
         relation to the practice of school psychology
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The education law is amended by adding a new article  166-A
    2  to read as follows:
    3                                 ARTICLE 166-A
    4                              SCHOOL PSYCHOLOGY
    5  SECTION 8720. INTRODUCTION.
    6          8721. PRACTICE OF SCHOOL PSYCHOLOGY AND USE OF THE TITLE "SCHOOL
    7                  PSYCHOLOGIST".
    8          8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY.
    9          8723. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
   10          8724. BOUNDARIES OF PROFESSIONAL COMPETENCY.
   11          8725. LIMITED PERMITS.
   12          8726. EXEMPTIONS.
   13          8727. SPECIAL PROVISIONS.
   14    S 8720. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION AND PRAC-
   15  TICE  OF SCHOOL  PSYCHOLOGY AND TO THE USE OF THE TITLE "LICENSED SCHOOL
   16  PSYCHOLOGIST".  THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED  IN
   17  ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
   18    S  8721.  PRACTICE  OF  SCHOOL PSYCHOLOGY AND USE OF THE TITLE "SCHOOL
   19  PSYCHOLOGIST".   ONLY A PERSON LICENSED OR  EXEMPT  UNDER  THIS  ARTICLE
   20  SHALL  PRACTICE  SCHOOL  PSYCHOLOGY  OR  USE  THE TITLE "LICENSED SCHOOL
   21  PSYCHOLOGIST".
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04126-01-5
       A. 420                              2
    1    S 8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY. THE  PRACTICE
    2  OF SCHOOL PSYCHOLOGY IS:
    3    1.  THE  ASSESSMENT,  INCLUDING  PSYCHO-EDUCATIONAL, DEVELOPMENTAL AND
    4  VOCATIONAL  ASSESSMENT, EVALUATION AND INTERPRETATION  OF  INTELLIGENCE,
    5  COGNITIVE   PROCESSES,  APTITUDES,    INTERESTS,  ACADEMIC  ACHIEVEMENT,
    6  ADJUSTMENT, PERSONALITY FACTORS AND MOTIVATIONS,  OR  ANY  OTHER  ATTRI-
    7  BUTES,  TO  INDIVIDUAL  STUDENTS  OR  GROUPS  OF STUDENTS THAT RELATE TO
    8  LEARNING, EDUCATION OR ADJUSTMENT NEEDS;
    9    2.  THE  DEVELOPMENT  AND  IMPLEMENTATION   OF   EDUCATIONALLY-RELATED
   10  PSYCHOTHERAPEUTIC  AND  BEHAVIORAL APPROACHES TO INCREASE SCHOOL ADJUST-
   11  MENT AND ACADEMIC  SUCCESS,  COUNSELING  AND  INTERPRETIVE  SERVICES  TO
   12  REDUCE  EDUCATION-RELATED PROBLEMS INCLUDING, BUT NOT LIMITED TO, VERBAL
   13  INTERACTION, INTERVIEWING, BEHAVIOR TECHNIQUES, DEVELOPMENTAL AND  VOCA-
   14  TIONAL INTERVENTION, ENVIRONMENTAL MANAGEMENT AND GROUP PROCESSES;
   15    3.  CONSULTATION  WITH REPRESENTATIVES OF SCHOOLS, AGENCIES AND ORGAN-
   16  IZATIONS, FAMILIES OR INDIVIDUALS, INCLUDING PSYCHO-EDUCATIONAL,  DEVEL-
   17  OPMENTAL  AND  VOCATIONAL    ASSISTANCE  OR DIRECT EDUCATIONAL SERVICES,
   18  RELATED TO LEARNING PROBLEMS AND ADJUSTMENTS TO THOSE  PROBLEMS  TO  THE
   19  BENEFIT OF AN INDIVIDUAL STUDENT OR GROUP OF STUDENTS; AND
   20    4.  THE  DEVELOPMENT OF PROGRAMMING, INCLUDING DESIGNING, IMPLEMENTING
   21  OR EVALUATING EDUCATIONALLY AND PSYCHOLOGICALLY SOUND LEARNING  ENVIRON-
   22  MENTS AND THE FACILITATION OF PSYCHO-EDUCATIONAL DEVELOPMENT OF INDIVID-
   23  UALS, FAMILIES OR GROUPS.
   24    S  8723.    REQUIREMENTS  FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A
   25  LICENSE AS A LICENSED SCHOOL PSYCHOLOGIST, AN  APPLICANT  SHALL  FULFILL
   26  THE FOLLOWING REQUIREMENTS:
   27    1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   28    2. EDUCATION: COMPLETE A MINIMUM OF SIXTY GRADUATE CREDITS AND FULFILL
   29  THE  REQUIREMENTS  OF A MASTER'S OR DOCTORAL DEGREE IN SCHOOL PSYCHOLOGY
   30  FROM A PROGRAM REGISTERED  BY  THE  DEPARTMENT,  OR  DETERMINED  BY  THE
   31  DEPARTMENT  TO  BE  THE  SUBSTANTIAL  EQUIVALENT  IN ACCORDANCE WITH THE
   32  COMMISSIONER'S REGULATIONS. THE GRADUATE COURSEWORK SHALL  INCLUDE,  BUT
   33  NOT BE LIMITED TO, THE FOLLOWING AREAS:
   34    (I) BIOLOGICAL, SOCIAL AND CULTURAL BASES OF DEVELOPMENT;
   35    (II) PSYCHOPATHOLOGY AND EXCEPTIONALITY IN LEARNING AND BEHAVIOR;
   36    (III)  ASSESSMENT  AND  APPRAISAL  OF  LEARNERS  IN  HOME  AND  SCHOOL
   37  CONTEXTS;
   38    (IV) CONSULTATION AND COLLABORATION IN FAMILY,  SCHOOL  AND  COMMUNITY
   39  SYSTEMS;
   40    (V)  EFFECTIVE  INSTRUCTION  AND DEVELOPMENT OF COGNITIVE AND ACADEMIC
   41  SKILLS;
   42    (VI) PREVENTION AND TREATMENT OF BEHAVIORAL  AND  EMOTIONAL  DISORDERS
   43  AND DEFICITS;
   44    (VII) SCHOOL ORGANIZATION, CURRICULUM, POLICY AND LAW;
   45    (VIII) RESEARCH AND PROGRAM EVALUATION;
   46    (IX) PROFESSION AND ETHICAL PRACTICE OF PSYCHOLOGY IN SCHOOLS; AND
   47    (X)  COMPLETION  OF  A  TWELVE  HUNDRED  HOUR SUPERVISED INTERNSHIP IN
   48  SCHOOL PSYCHOLOGY, WITH NO LESS THAN SIX HUNDRED HOURS COMPLETED  WITHIN
   49  A SCHOOL SETTING.
   50    3.  EXPERIENCE:  COMPLETE A MINIMUM OF TWO THOUSAND FOUR HUNDRED HOURS
   51  OF POST-MASTER'S SUPERVISED  EXPERIENCE  RELEVANT  TO  THE  PRACTICE  OF
   52  SCHOOL  PSYCHOLOGY  SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE
   53  COMMISSIONER'S REGULATIONS, SUCH SUPERVISED EXPERIENCE WHICH MAY INCLUDE
   54  ONE THOUSAND TWO HUNDRED HOURS COMPLETED AS PART OF A PROGRAM IN  SCHOOL
   55  PSYCHOLOGY;
       A. 420                              3
    1    4.  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
    2  ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
    3    5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
    4    6.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
    5  MENT; AND
    6    7. FEES: PAY A FEE OF TWO HUNDRED FORTY DOLLARS TO THE DEPARTMENT  FOR
    7  ADMISSION  TO  A  DEPARTMENT  CONDUCTED  EXAMINATION  AND FOR AN INITIAL
    8  LICENSE; A FEE OF EIGHTY-FIVE  DOLLARS FOR EACH REEXAMINATION; A FEE  OF
    9  ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL  LICENSE FOR PERSONS NOT
   10  REQUIRING  ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND A  FEE OF
   11  ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
   12    S 8724. BOUNDARIES OF PROFESSIONAL COMPETENCY. 1.  IT SHALL BE  DEEMED
   13  PRACTICING  OUTSIDE THE BOUNDARIES OF HIS OR HER PROFESSIONAL COMPETENCE
   14  FOR A PERSON LICENSED PURSUANT TO THIS ARTICLE, IN THE CASE OF TREATMENT
   15  OF ANY SERIOUS MENTAL ILLNESS, TO PROVIDE   ANY MENTAL  HEALTH  SERVICES
   16  FOR  SUCH ILLNESS ON A CONTINUOUS AND SUSTAINED BASIS WITHOUT A  MEDICAL
   17  EVALUATION OF THE ILLNESS BY, AND CONSULTATION WITH, A PHYSICIAN REGARD-
   18  ING SUCH  ILLNESS.  SUCH MEDICAL EVALUATION AND CONSULTATION SHALL BE TO
   19  DETERMINE AND ADVISE WHETHER ANY MEDICAL  CARE  IS  INDICATED  FOR  SUCH
   20  ILLNESS.  FOR  PURPOSES OF THIS SECTION,  "SERIOUS MENTAL ILLNESS" MEANS
   21  SCHIZOPHRENIA,  SCHIZOAFFECTIVE  DISORDER,  BIPOLAR  DISORDER,     MAJOR
   22  DEPRESSIVE  DISORDER,  PANIC DISORDER AND OBSESSIVE-COMPULSIVE DISORDER.
   23  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT, LIMIT  OR  IMPAIR
   24  CONSULTATION WITH ANY OTHER HEALTH OR MENTAL HEALTH PROFESSIONAL.  NOTH-
   25  ING  HEREIN  CONTAINED SHALL LIMIT, MODIFY, RESTRICT OR OTHERWISE AFFECT
   26  THE DEFINITION OF THE PRACTICE  OF  SCHOOL  PSYCHOLOGY  AS  PROVIDED  IN
   27  SECTION EIGHTY-SEVEN HUNDRED TWENTY-TWO OF THIS ARTICLE.
   28    2.  ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM
   29  THE PROVISIONS OF THIS ARTICLE SHALL BE PROHIBITED FROM:
   30    (A) PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER AS A
   31  TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE  OF  HIS  OR
   32  HER PROFESSION; OR
   33    (B) USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
   34  SERVICE  IN  THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES OF THIS
   35  SUBDIVISION, "INVASIVE PROCEDURE" MEANS ANY  PROCEDURE  IN  WHICH  HUMAN
   36  TISSUE  IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR OTHER
   37  MEANS.  INVASIVE PROCEDURE INCLUDES SURGERY, LASERS, IONIZING RADIATION,
   38  THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY; OR
   39    (C) ENGAGING IN  DUAL  SETTING  PRACTICE,  OR  OTHERWISE  OFFERING  OR
   40  PROVIDING  PRIVATE PRACTICE SERVICES TO A STUDENT OF A SCHOOL OR SPECIAL
   41  EDUCATION PROGRAM WHERE THE PRACTITIONER IS CURRENTLY EMPLOYED OR  UNDER
   42  CONTRACT WITH SUCH SCHOOL OR PROGRAM.
   43    3.  NOTHING  IN  THIS  ARTICLE  SHALL BE DEEMED TO AUTHORIZE, GRANT OR
   44  EXTEND HOSPITAL PRIVILEGES TO INDIVIDUALS LICENSED UNDER THIS ARTICLE.
   45    S 8725. LIMITED PERMITS.  1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT
   46  TO AN APPLICANT WHOSE QUALIFICATIONS HAVE BEEN APPROVED FOR ADMISSION TO
   47  THE EXAMINATION IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
   48    2. LIMITED PERMITS SHALL BE FOR  ONE  YEAR  AND  BE  RENEWED,  AT  THE
   49  DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
   50    3.  THE  FEE  FOR  EACH  LIMITED  PERMIT AND FOR EACH RENEWAL SHALL BE
   51  SEVENTY DOLLARS.
   52    S 8726.  EXEMPTIONS.  NOTHING  CONTAINED  IN  THIS  ARTICLE  SHALL  BE
   53  CONSTRUED TO:
   54    1.  APPLY TO THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF ANY
   55  TITLE BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO  PRACTICE  MEDI-
   56  CINE WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS
       A. 420                              4
    1  TITLE  OR  BY  ANY  PERSON REGISTERED TO PERFORM SERVICES AS A PHYSICIAN
    2  ASSISTANT WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED  THIRTY-ONE-B
    3  OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRAC-
    4  TICE  PSYCHOLOGY  WITHIN  THIS  STATE  PURSUANT  TO  ARTICLE ONE HUNDRED
    5  FIFTY-THREE OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHOR-
    6  IZED TO PRACTICE AS A LICENSED CLINICAL SOCIAL WORKER WITHIN THIS  STATE
    7  PURSUANT  TO  ARTICLE  ONE  HUNDRED  FIFTY-FOUR OF THIS TITLE, OR BY ANY
    8  PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE NURSING AS A  REGIS-
    9  TERED  PROFESSIONAL  NURSE  WITHIN  THIS STATE PURSUANT   TO ARTICLE ONE
   10  HUNDRED THIRTY-NINE OF THIS TITLE, OR BY ANY PERSON LICENSED  OR  OTHER-
   11  WISE AUTHORIZED TO PRACTICE MENTAL HEALTH COUNSELING, MARRIAGE AND FAMI-
   12  LY  THERAPY, CREATIVE  ARTS THERAPY, OR PSYCHOANALYSIS WITHIN THE STATE,
   13  OR BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED  TO  PRACTICE  APPLIED
   14  BEHAVIOR  ANALYSIS  WITHIN  THE  STATE  PURSUANT  TO ARTICLE ONE HUNDRED
   15  SIXTY-SIX-A OF THIS TITLE; PROVIDED, HOWEVER, THAT NO PHYSICIAN,  PHYSI-
   16  CIAN'S  ASSISTANT, REGISTERED PROFESSIONAL NURSE, PSYCHOLOGIST, LICENSED
   17  CLINICAL SOCIAL  WORKER,  LICENSED  MENTAL  HEALTH  COUNSELOR,  LICENSED
   18  MARRIAGE   AND  FAMILY  THERAPIST,  LICENSED  CREATIVE  ARTS  THERAPIST,
   19  LICENSED PSYCHOANALYST OR APPLIED BEHAVIOR ANALYST  MAY  USE  THE  TITLE
   20  UNLESS LICENSED UNDER THIS ARTICLE;
   21    2. PROHIBIT OR LIMIT ANY INDIVIDUAL WHO IS CREDENTIALED UNDER ANY LAW,
   22  INCLUDING  ATTORNEYS, RAPE CRISIS COUNSELORS, CERTIFIED ALCOHOLISM COUN-
   23  SELORS AND CERTIFIED SUBSTANCE ABUSE COUNSELORS  FROM  PROVIDING  MENTAL
   24  HEALTH SERVICES WITHIN THEIR RESPECTIVE ESTABLISHED AUTHORITIES;
   25    3.  PROHIBIT  OR LIMIT THE  PRACTICE OF A PROFESSION LICENSED PURSUANT
   26  TO THIS ARTICLE BY A STUDENT, INTERN OR RESIDENT IN, AND AS A PART OF, A
   27  SUPERVISED EDUCATIONAL PROGRAM IN AN INSTITUTION APPROVED BY THE DEPART-
   28  MENT;
   29    4. PROHIBIT OR LIMIT THE PROVISION OF PASTORAL COUNSELING SERVICES  BY
   30  ANY  MEMBER  OF THE CLERGY OR CHRISTIAN SCIENCE PRACTITIONER, WITHIN THE
   31  CONTEXT OF HIS OR HER MINISTERIAL  CHARGE OR OBLIGATION;
   32    5. PROHIBIT OR LIMIT INDIVIDUALS, CHURCHES, SCHOOLS, TEACHERS,  ORGAN-
   33  IZATIONS,  OR  NOT-FOR-PROFIT  BUSINESSES,  FROM  PROVIDING INSTRUCTION,
   34  ADVICE, SUPPORT, ENCOURAGEMENT, OR INFORMATION TO INDIVIDUALS, FAMILIES,
   35  AND RELATIONAL GROUPS;
   36    6. PROHIBIT OR LIMIT AN OCCUPATIONAL THERAPIST  FROM  PERFORMING  WORK
   37  CONSISTENT WITH ARTICLE ONE HUNDRED FIFTY-SIX OF THIS TITLE; OR
   38    7.  AFFECT  OR  PREVENT  THE  ACTIVITIES  OR SERVICES ON THE PART OF A
   39  PERSON IN THE EMPLOY OF A FEDERAL, STATE, COUNTY, OR  MUNICIPAL  AGENCY,
   40  OTHER  POLITICAL  SUBDIVISION,  OR  A  CHARTERED ELEMENTARY OR SECONDARY
   41  SCHOOL OR DEGREE-GRANTING EDUCATIONAL INSTITUTION INSOFAR AS SUCH ACTIV-
   42  ITIES AND SERVICES ARE A PART OF THE DUTIES OF  SUCH  PERSON'S  SALARIED
   43  POSITION.
   44    S  8727.  SPECIAL  PROVISIONS.  1. ANY NONEXEMPT PERSON PRACTICING THE
   45  PROFESSION OF SCHOOL PSYCHOLOGY  SHALL  APPLY  FOR  A  LICENSE  OF  SUCH
   46  PROFESSION WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
   47    (A) IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB-
   48  LISHED  WITHIN  THIS  ARTICLE, SUCH PERSON MAY MEET ALTERNATIVE CRITERIA
   49  DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL  EQUIVALENT  OF  SUCH
   50  CRITERIA.
   51    (B)  IF  SUCH  PERSON MEETS THE REQUIREMENTS FOR A LICENSE ESTABLISHED
   52  WITHIN THIS  ARTICLE, EXCEPT FOR EXAMINATION, AND HAS BEEN CERTIFIED  OR
   53  REGISTERED  BY  A NATIONAL CERTIFYING OR REGISTERING BODY HAVING CERTIF-
   54  ICATION OR REGISTRATION STANDARDS ACCEPTABLE TO   THE COMMISSIONER,  THE
   55  DEPARTMENT SHALL LICENSE WITHOUT EXAMINATION.
       A. 420                              5
    1    2.  NOTWITHSTANDING  THE  REQUIREMENTS OF SECTION EIGHTY-SEVEN HUNDRED
    2  TWENTY-THREE OF THIS ARTICLE, AND FOR A PERIOD OF TIME NOT TO EXCEED TWO
    3  YEARS FROM THE EFFECTIVE DATE OF THIS  ARTICLE,  AN  INDIVIDUAL  MAY  BE
    4  LICENSED AS A SCHOOL PSYCHOLOGIST PROVIDED SUCH PERSON HAS EITHER:
    5    (A) MET THE EDUCATIONAL REQUIREMENTS AS DEFINED IN SECTION EIGHTY-SEV-
    6  EN  HUNDRED  TWENTY-THREE  OF THIS ARTICLE AND PERFORMED THE DUTIES OF A
    7  SCHOOL PSYCHOLOGIST FOR TWO OF THE PAST FIVE YEARS PRIOR TO  THE  EFFEC-
    8  TIVE DATE OF THIS ARTICLE; OR
    9    (B)  PERFORMED  THE  DUTIES OF A SCHOOL PSYCHOLOGIST FOR AT LEAST FIVE
   10  YEARS PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE.
   11    3. ANY PERSON LICENSED PURSUANT TO THIS ARTICLE MAY USE ACCEPTED CODES
   12  AND CLASSIFICATIONS OF SIGNS, SYMPTOMS, DYSFUNCTIONS AND  DISORDERS,  AS
   13  APPROVED  IN ACCORDANCE WITH REGULATIONS  PROMULGATED BY THE DEPARTMENT,
   14  IN THE PRACTICE OF SUCH LICENSED PROFESSION.
   15    4. NOTHING IN THIS ARTICLE SHALL BE DEEMED TO ALTER, MODIFY OR  AFFECT
   16  THE  PROVISIONS  OF SECTION THREE THOUSAND TWELVE OR TWENTY-FIVE HUNDRED
   17  TEN OF THIS CHAPTER OR OTHERWISE AFFECT THE CERTIFICATION  OF  A  SCHOOL
   18  PSYCHOLOGIST.
   19    S  2.  Paragraph  a  of subdivision 3 of section 6507 of the education
   20  law, as amended by chapter 554 of the laws of 2013, is amended  to  read
   21  as follows:
   22    a. Establish standards for preprofessional and professional education,
   23  experience and licensing examinations as required to implement the arti-
   24  cle for each profession. Notwithstanding any other provision of law, the
   25  commissioner shall establish standards requiring that all persons apply-
   26  ing,  on or after January first, nineteen hundred ninety-one, initially,
   27  or for the renewal of, a license, registration or limited permit to be a
   28  physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
   29  trist,   psychiatrist,   psychologist,   LICENSED  SCHOOL  PSYCHOLOGIST,
   30  licensed master social worker, licensed clinical social worker, licensed
   31  creative  arts  therapist,  licensed  marriage  and  family   therapist,
   32  licensed mental health counselor, licensed psychoanalyst, dental hygien-
   33  ist,  licensed behavior analyst, or certified behavior analyst assistant
   34  shall, in addition to all the other licensure, certification  or  permit
   35  requirements, have completed two hours of coursework or training regard-
   36  ing  the  identification  and reporting of child abuse and maltreatment.
   37  The coursework or training shall be  obtained  from  an  institution  or
   38  provider  which  has  been  approved  by  the department to provide such
   39  coursework or training. The coursework or training shall include  infor-
   40  mation  regarding  the physical and behavioral indicators of child abuse
   41  and maltreatment and the statutory reporting  requirements  set  out  in
   42  sections four hundred thirteen through four hundred twenty of the social
   43  services  law,  including but not limited to, when and how a report must
   44  be made, what other actions the reporter is mandated  or  authorized  to
   45  take, the legal protections afforded reporters, and the consequences for
   46  failing to report. Such coursework or training may also include informa-
   47  tion  regarding  the  physical and behavioral indicators of the abuse of
   48  individuals with mental retardation and other developmental disabilities
   49  and voluntary reporting of abused or neglected adults to the  office  of
   50  mental  retardation  and  developmental  disabilities or the local adult
   51  protective services unit. Each applicant shall  provide  the  department
   52  with  documentation  showing  that  he or she has completed the required
   53  training. The department shall provide an exemption from the child abuse
   54  and maltreatment training requirements to  any  applicant  who  requests
   55  such  an exemption and who shows, to the department's satisfaction, that
       A. 420                              6
    1  there would be no need because of the nature of his or her practice  for
    2  him or her to complete such training;
    3    S  3.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
    4  services law, as separately amended by chapters 126 and 205 of the  laws
    5  of 2014, is amended to read as follows:
    6    (a)  The  following  persons  and  officials are required to report or
    7  cause a report to be made in accordance with this title when  they  have
    8  reasonable  cause  to  suspect  that a child coming before them in their
    9  professional or official capacity is an abused or maltreated  child,  or
   10  when  they have reasonable cause to suspect that a child is an abused or
   11  maltreated child where the parent, guardian, custodian or  other  person
   12  legally  responsible  for  such child comes before them in their profes-
   13  sional or official capacity and states from  personal  knowledge  facts,
   14  conditions or circumstances which, if correct, would render the child an
   15  abused  or maltreated child: any physician; registered physician assist-
   16  ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
   17  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
   18  psychologist; SCHOOL  PSYCHOLOGIST;  registered  nurse;  social  worker;
   19  emergency medical technician; licensed creative arts therapist; licensed
   20  marriage   and  family  therapist;  licensed  mental  health  counselor;
   21  licensed psychoanalyst; licensed behavior  analyst;  certified  behavior
   22  analyst assistant; hospital personnel engaged in the admission, examina-
   23  tion,  care  or  treatment of persons; a Christian Science practitioner;
   24  school official, which includes but is not limited  to  school  teacher,
   25  school  guidance  counselor,  school psychologist, school social worker,
   26  school nurse, school administrator or other school personnel required to
   27  hold a teaching or administrative license or certificate; full or  part-
   28  time  compensated  school employee required to hold a temporary coaching
   29  license or professional coaching certificate;  social  services  worker;
   30  director  of  a  children's overnight camp, summer day camp or traveling
   31  summer day camp, as such camps are defined in section  thirteen  hundred
   32  ninety-two  of the public health law; day care center worker; school-age
   33  child care worker; provider of family or group family day care; employee
   34  or volunteer in  a  residential  care  facility  for  children  that  is
   35  licensed,  certified  or  operated  by the office of children and family
   36  services; or any other child care or foster care worker;  mental  health
   37  professional;  substance  abuse  counselor;  alcoholism  counselor;  all
   38  persons credentialed by the office of  alcoholism  and  substance  abuse
   39  services;  peace officer; police officer; district attorney or assistant
   40  district attorney; investigator employed in the  office  of  a  district
   41  attorney; or other law enforcement official.
   42    S 4. Section 7602 of the education law, as added by chapter 987 of the
   43  laws of 1971, is amended to read as follows:
   44    S 7602. State  board  for  psychology.    A state board for psychology
   45  shall be appointed by the board of  regents  on  recommendation  of  the
   46  commissioner  for  the purpose of assisting the board of regents and the
   47  department on matters of professional licensing and professional conduct
   48  in accordance with section sixty-five hundred eight of this title.   The
   49  board  shall be composed of not less than eleven [psychologists licensed
   50  in this state] MEMBERS, A  NUMBER  OF  WHOM  SHALL  BE  LICENSED  SCHOOL
   51  PSYCHOLOGISTS  SUFFICIENT  TO  ASSURE  MEANINGFUL PARTICIPATION IN BOARD
   52  ACTIVITIES.  An executive secretary to the board shall be  appointed  by
   53  the  board  of  regents  upon the recommendation of the commissioner and
   54  shall be a psychologist, licensed in this state.
   55    S 5. Severability. If any clause, sentence, paragraph, section or part
   56  of this act shall be adjudged by any court of competent jurisdiction  to
       A. 420                              7
    1  be  invalid,  the  judgment  shall not affect, impair, or invalidate the
    2  remainder thereof, but shall be confined in its operation to the clause,
    3  sentence, paragraph, section or part thereof directly  involved  in  the
    4  controversy in which the judgment shall have been rendered.
    5    S  6.  This  act  shall  take effect twelve months after it shall have
    6  become a law; provided, however, that effective immediately the  depart-
    7  ment  of  education  is  authorized  to promulgate any and all rules and
    8  regulations and take any other measure necessary to implement  this  act
    9  on  or  before  its  effective  date, including, but not limited to, the
   10  appointment of the state board for psychology, the acceptance and  proc-
   11  essing  of  applications  for  licensure  and  the issuance of licenses;
   12  provided, further, that if section 1 of chapter 205 of the laws of  2014
   13  has  not  taken  effect  on  or before such effective date, then section
   14  three of this act shall take effect on the same date  and  in  the  same
   15  manner  as  such  section  1  takes  effect; provided, further, that the
   16  provisions of article 166-A of the education law, as  added  by  section
   17  one of this act, requiring a license or limited permit to practice under
   18  such  article  shall  not be enforced until twenty-four months after the
   19  effective date of this act.