NY State Senate Bill 2015-S1865B

Senate Bill S1865B

Signed By Governor

2015-2016 Legislative Session

Exempts certain persons who administer and score objective psychological tests from provisions of law relating to the practice of the profession of psychology

download bill text pdf

Archive: Last Bill Status Via A3563 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 26, 2015	signed chap.374
Oct 14, 2015	delivered to governor
Jun 17, 2015	returned to assembly passed senate substituted for s1865b
Jun 17, 2015	substituted by a3563c
Jun 09, 2015	amended on third reading 1865b
Jun 08, 2015	advanced to third reading
Jun 03, 2015	2nd report cal.
Jun 02, 2015	1st report cal.1286
May 18, 2015	print number 1865a
May 18, 2015	amend and recommit to higher education
Jan 15, 2015	referred to higher education

Votes

- Jun 17, 2015 - Floor Vote
  A3563
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2015
      
      aye (63)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
  Jun 2, 2015 - Higher Education Committee Vote
  S1865B
  
  16
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Higher Education Committee Vote: Jun 2, 2015
      
      aye (16)
      
      Breslin
      
      Croci
      
      Espaillat
      
      Funke
      
      Gallivan
      
      Krueger
      
      LaValle
      
      Ortt
      
      Parker
      
      Ritchie
      
      Rivera
      
      Robach
      
      Serino
      
      Seward
      
      Stavisky
      
      Valesky
      
      aye wr (2)
      
      Griffo
      
      Peralta

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2015-S1865 - Details

See Assembly Version of this Bill:: A3563
Law Section:: Education Law
Laws Affected:: Amd §7605, Ed L
Versions Introduced in 2013-2014 Legislative Session:: S4176, A6948

2015-S1865 - Summary

Exempts certain persons who administer and score objective psychological tests from provisions of law relating to the practice of the profession of psychology.

2015-S1865 - Sponsor Memo

                                BILL NUMBER:S1865

TITLE OF BILL:

An act to amend the education law, in relation to exempt persons under
the profession of psychology

PURPOSE OR GENERAL IDEA OF BILL:

To allow testing technicians to administer and score standardized
objective psychological or neuropsychological tests.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends Section 7605 of the education law by adding a new
paragraph 11, which would allow testing technicians to administer and
score standardized objective psychological or neuropsychological tests
which involve specific predetermined and manualized procedures.

Section 2. Effective Date

JUSTIFICATION:

Prior to enactment of the psychology scope of practice law (Chapter
676 of the Laws of 2002), testing technicians routinely and
successfully administered and scored standardized objective

psychological and neuropsychological tests. The legislative intent of
the psychology scope of practice law was to not change the practice of
psychology. In 2003, the State Education Department issued a letter
interpreting the 2002 statute as excluding the use of testing
technicians for administering and scoring neuropsychological tests, on
the grounds that test administration and scoring was captured within
the scope of practice of psychology. The proposed legislation would
reverse the negative impact of the 2003 interpretive letter, which
severely limited access to these critically needed services,
particularly for ethnic minority patients and those from low
socioeconomic backgrounds.

The legislation would require that testing technicians have a
Bachelor's degree in psychology or a related field; be trained by a
licensed psychologist in a non-school setting where the ratio of
technician to licensed psychologist does not exceed 3:1; and also
requires that technicians not provide opinions or interpret data.

The practice of employing non-doctoral level technicians for
objective, standardized psychological and neuropsychological testing
had been a standard practice in New York until the promulgation of the
interpretative letter of 2003, is widespread nationally in the
profession, and is supported by all professional organizations
including the American Psychological Association (APA), the
Neuropsychology Division of the APA, the American Academy of Clinical
Neuropsychology, the American.  Board of Professional Neuropsychology,
the National Academy of Neuropsychology and the International
Neuropsychology Society.  Additionally, current Medicare regulations
allow for the use of testing technicians when diagnostic psychological
testing is furnished under the supervision of a physician or clinical
psychologist. This is represented by the CPT code 96119. The Veterans


Administration continues to use testing technicians in
neuropsychological practice throughout the country, including in New
York State. Although psychologists have been restricted from using
testing technicians as a result of the interpretive letter in 2002,
physicians have continued unrestricted use of testing technicians.
This is an important division of labor in a psychologist's practice,
which would allow the licensed psychologist to focus more directly on
aspects of their practice which require the highest degree of
training, clinical judgment and the ability to diagnose and treat
individuals in their practices. Moreover, use of technicians is a cost
efficient means of providing this clinical service which is
particularly important in the midst of healthcare reform.

The time has come to revise New York's laws to more accurately reflect
current and common practices in the field of neuropsychology.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

S4176B of 2014

EFFECTIVE DATE:

Immediately.

2015-S1865 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1865

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

Introduced  by  Sen. VALESKY -- 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 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:

  Section 1. Section 7605 of the education law is amended  by  adding  a
new subdivision 11 to read as follows:
  11.  THE CONDUCT, ACTIVITIES OR SERVICES OF A TECHNICIAN TO ADMINISTER
AND  SCORE  STANDARDIZED  OBJECTIVE  (NON-PROJECTIVE)  PSYCHOLOGICAL  OR
NEUROPSYCHOLOGICAL  TESTS  WHICH HAVE SPECIFIC PREDETERMINED AND MANUAL-
IZED ADMINISTRATIVE PROCEDURES WHICH  ENTAIL  OBSERVING  AND  DESCRIBING
TEST  BEHAVIOR  AND TEST RESPONSES, AND WHICH DO NOT REQUIRE EVALUATION,
INTERPRETATION OR OTHER JUDGMENTS; PROVIDED, HOWEVER, THAT SUCH  TECHNI-
CIAN SHALL: (I) HOLD NO LESS THAN A BACHELOR'S DEGREE IN PSYCHOLOGY OR A
RELATED  FIELD; (II) UNDERGO A PROCESS OF REGULAR TRAINING BY A LICENSED
PSYCHOLOGIST, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO  A  MINIMUM  OF
EIGHTY  TOTAL HOURS OF (A) PROFESSIONAL ETHICS, (B) STUDYING AND MASTER-
ING INFORMATION FROM TEST MANUALS, (C) DIRECT OBSERVATION OF A  LICENSED
PSYCHOLOGIST  OR TRAINED TECHNICIAN ADMINISTERING AND SCORING TESTS, AND
(D) ADMINISTERING AND SCORING  TESTS  IN  THE  PRESENCE  OF  A  LICENSED
PSYCHOLOGIST  OR  TRAINED TECHNICIAN, PROVIDED SUCH INTERACTION WITH THE
LICENSED PSYCHOLOGIST EQUALS OR  EXCEEDS  FIFTY  PERCENT  OF  THE  TOTAL
TRAINING  TIME;  (III)  BE UNDER THE DIRECT AND ONGOING SUPERVISION OF A
LICENSED PSYCHOLOGIST IN NO GREATER THAN A 3AGING RATIO OR THE PART TIME
EQUIVALENT THERETO; (IV) NOT BE EMPLOYED WITHIN A SCHOOL SETTING AND (V)
NOT SELECT  TESTS,  ANALYZE  PATIENT  DATA  OR  COMMUNICATE  RESULTS  TO
PATIENTS. THE SUPERVISING LICENSED PSYCHOLOGIST MUST SUBMIT, PURSUANT TO
A  FORM  TO BE PRESCRIBED AND DEVELOPED WITHIN NINETY DAYS OF THE EFFEC-
TIVE DATE OF THIS SUBDIVISION  BY  THE  DEPARTMENT,  A  SWORN  STATEMENT
DETAILING  COMPLIANCE WITH THE ABOVE REQUIREMENTS. THE LICENSED PSYCHOL-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07643-01-5

S. 1865                             2

OGIST'S USE OF SUCH INDIVIDUAL PURSUANT TO THE TERMS OF THIS SUBDIVISION
SHALL BE UNDERTAKEN ONLY WITH SPECIAL CARE AND PROFESSIONAL JUDGMENT  IN
ORDER TO ENSURE THE SAFETY AND WELL-BEING OF THE PATIENT CONSIDERING THE
SEVERITY  OF  THE SYMPTOMS, THE AGE OF THE PATIENT AND THE LENGTH OF THE
EXAMINATION PROCESS, AND SHALL INCLUDE APPROPRIATE ONGOING CONTACT  WITH
THE  LICENSED  PSYCHOLOGIST  AT APPROPRIATE INTERVALS. SUCH USE SHALL BE
SUBJECT TO THE FULL DISCIPLINARY AND REGULATORY AUTHORITY OF  THE  BOARD
OF REGENTS AND THE DEPARTMENT PURSUANT TO THIS TITLE.
  S 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2015-S1865A - Details

See Assembly Version of this Bill:: A3563
Law Section:: Education Law
Laws Affected:: Amd §7605, Ed L
Versions Introduced in 2013-2014 Legislative Session:: S4176, A6948

2015-S1865A - Summary

Exempts certain persons who administer and score objective psychological tests from provisions of law relating to the practice of the profession of psychology.

2015-S1865A - Sponsor Memo

                                BILL NUMBER:S1865A

TITLE OF BILL:

An act to amend the education law, in relation to exempt persons under
the profession of psychology

PURPOSE OR GENERAL IDEA OF BILL:

To allow testing technicians to administer and score standardized
objective psychological or neuropsychological tests.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends Section 7605 of the education law by adding a new
paragraph 11, which would allow testing technicians to administer and
score standardized objective psychological or neuropsychological tests
which involve specific predetermined and manualized procedures.

Section 2. Effective Date

JUSTIFICATION:

Prior to enactment of the psychology scope of practice law (Chapter
676 of the Laws of 2002), testing technicians routinely and
successfully administered and scored standardized objective

psychological and neuropsychological tests. The legislative intent of
the psychology scope of practice law was to not change the practice of
psychology. In 2003, the State Education Department issued a letter
interpreting the 2002 statute as excluding the use of testing
technicians for administering and scoring neuropsychological tests, on
the grounds that test administration and scoring was captured within
the scope of practice of psychology. The proposed legislation would
reverse the negative impact of the 2003 interpretive letter, which
severely limited access to these critically needed services,
particularly for ethnic minority patients and those from low
socioeconomic backgrounds.

The legislation would require that testing technicians have a
Bachelor's degree in psychology or a related field; be trained by a
licensed psychologist in a non-school setting where the ratio of
technician to licensed psychologist does not exceed 3:1; and also
requires that technicians not provide opinions or interpret data.

The practice of employing non-doctoral level technicians for
objective, standardized psychological and neuropsychological testing
had been a standard practice in New York until the promulgation of the
interpretative letter of 2003, is widespread nationally in the
profession, and is supported by all professional organizations
including the American Psychological Association (APA), the
Neuropsychology Division of the APA, the American Academy of Clinical
Neuropsychology, the American.  Board of Professional Neuropsychology,
the National Academy of Neuropsychology and the International
Neuropsychology Society.  Additionally, current Medicare regulations
allow for the use of testing technicians when diagnostic psychological
testing is furnished under the supervision of a physician or clinical
psychologist. This is represented by the CPT code 96119. The Veterans


Administration continues to use testing technicians in
neuropsychological practice throughout the country, including in New
York State. Although psychologists have been restricted from using
testing technicians as a result of the interpretive letter in 2002,
physicians have continued unrestricted use of testing technicians.
This is an important division of labor in a psychologist's practice,
which would allow the licensed psychologist to focus more directly on
aspects of their practice which require the highest degree of
training, clinical judgment and the ability to diagnose and treat
individuals in their practices. Moreover, use of technicians is a cost
efficient means of providing this clinical service which is
particularly important in the midst of healthcare reform.

The time has come to revise New York's laws to more accurately reflect
current and common practices in the field of neuropsychology.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

S4176B of 2014

EFFECTIVE DATE:

Immediately.

2015-S1865A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1865--A

                       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

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:

  Section  1.  Section  7605 of the education law is amended by adding a
new subdivision 11 to read as follows:
  11. THE CONDUCT, ACTIVITIES OR SERVICES OF A TECHNICIAN TO  ADMINISTER
AND  SCORE  STANDARDIZED  OBJECTIVE  (NON-PROJECTIVE)  PSYCHOLOGICAL  OR
NEUROPSYCHOLOGICAL TESTS WHICH HAVE SPECIFIC PREDETERMINED  AND  MANUAL-
IZED  ADMINISTRATIVE  PROCEDURES  WHICH  ENTAIL OBSERVING AND DESCRIBING
TEST BEHAVIOR AND TEST RESPONSES, AND WHICH DO NOT  REQUIRE  EVALUATION,
INTERPRETATION  OR OTHER JUDGMENTS; PROVIDED, HOWEVER, THAT SUCH TECHNI-
CIAN SHALL: (I) HOLD NO LESS THAN A BACHELOR'S DEGREE IN PSYCHOLOGY OR A
RELATED FIELD; (II) UNDERGO A PROCESS OF REGULAR TRAINING BY A  LICENSED
PSYCHOLOGIST,  WHICH  SHALL  INCLUDE, BUT NOT BE LIMITED TO A MINIMUM OF
EIGHTY TOTAL HOURS OF (A) PROFESSIONAL ETHICS, (B) STUDYING AND  MASTER-
ING  INFORMATION FROM TEST MANUALS, (C) DIRECT OBSERVATION OF A LICENSED
PSYCHOLOGIST OR TRAINED TECHNICIAN ADMINISTERING AND SCORING TESTS,  AND
(D)  ADMINISTERING  AND  SCORING  TESTS  IN  THE  PRESENCE OF A LICENSED
PSYCHOLOGIST OR TRAINED TECHNICIAN, PROVIDED SUCH INTERACTION  WITH  THE
LICENSED  PSYCHOLOGIST  EQUALS  OR  EXCEEDS  FIFTY  PERCENT OF THE TOTAL
TRAINING TIME; (III) BE UNDER THE DIRECT AND ONGOING  SUPERVISION  OF  A
LICENSED  PSYCHOLOGIST  IN  NO GREATER THAN A 3:1 RATIO OR THE PART TIME
EQUIVALENT THERETO; (IV) NOT BE EMPLOYED WITHIN A SCHOOL SETTING AND (V)
NOT SELECT  TESTS,  ANALYZE  PATIENT  DATA  OR  COMMUNICATE  RESULTS  TO
PATIENTS. THE SUPERVISING LICENSED PSYCHOLOGIST MUST SUBMIT, PURSUANT TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07643-02-5

S. 1865--A                          2

A  FORM  TO BE PRESCRIBED AND DEVELOPED WITHIN NINETY DAYS OF THE EFFEC-
TIVE DATE OF THIS SUBDIVISION  BY  THE  DEPARTMENT,  A  SWORN  STATEMENT
DETAILING  COMPLIANCE WITH THE ABOVE REQUIREMENTS. THE LICENSED PSYCHOL-
OGIST'S USE OF SUCH INDIVIDUAL PURSUANT TO THE TERMS OF THIS SUBDIVISION
SHALL  BE UNDERTAKEN ONLY WITH SPECIAL CARE AND PROFESSIONAL JUDGMENT IN
ORDER TO ENSURE THE SAFETY AND WELL-BEING OF THE PATIENT CONSIDERING THE
SEVERITY OF THE SYMPTOMS, THE AGE OF THE PATIENT AND THE LENGTH  OF  THE
EXAMINATION  PROCESS, AND SHALL INCLUDE APPROPRIATE ONGOING CONTACT WITH
THE LICENSED PSYCHOLOGIST AT APPROPRIATE INTERVALS. SUCH  USE  SHALL  BE
SUBJECT  TO  THE FULL DISCIPLINARY AND REGULATORY AUTHORITY OF THE BOARD
OF REGENTS AND THE DEPARTMENT  PURSUANT  TO  THIS  TITLE.  THE  LICENSED
PSYCHOLOGIST MUST NOTIFY THE PATIENT OR DESIGNATED HEALTH CARE SURROGATE
THAT  THE LICENSED PSYCHOLOGIST MAY UTILIZE THE SERVICES OF A TECHNICIAN
TO ADMINISTER CERTAIN EXAMS, AND MUST PROVIDE THE PATIENT OR  DESIGNATED
HEALTH CARE SURROGATE THE OPPORTUNITY TO OBJECT TO THE LICENSED PSYCHOL-
OGIST'S PLAN TO UTILIZE A TECHNICIAN.
  S 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2015-S1865B (ACTIVE) - Details

See Assembly Version of this Bill:: A3563
Law Section:: Education Law
Laws Affected:: Amd §7605, Ed L
Versions Introduced in 2013-2014 Legislative Session:: S4176, A6948

2015-S1865B (ACTIVE) - Summary

Exempts certain persons who administer and score objective psychological tests from provisions of law relating to the practice of the profession of psychology.

2015-S1865B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1865B

 TITLE OF BILL :  An act to amend the education law, in relation to
exempt persons under the profession of psychology

 PURPOSE OR GENERAL IDEA OF BILL :

To allow testing technicians to administer and score standardized
objective psychological or neuropsychological tests.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Amends Section 7605 of the education law by adding a new
paragraph 11, which would allow testing technicians to administer and
score standardized objective psychological or neuropsychological tests
which involve specific predetermined and manualized procedures.

Section 2. Effective Date

 JUSTIFICATION :

Prior to enactment of the psychology scope of practice law (Chapter
676 of the Laws of 2002), testing technicians routinely and
successfully administered and scored standardized objective
psychological and neuropsychological tests. The legislative intent of
the psychology scope of practice law was to not change the practice of

psychology. In 2003, the State Education Department issued a letter
interpreting the 2002 statute as excluding the use of testing
technicians for administering and scoring neuropsychological tests, on
the grounds that test administration and scoring was captured within
the scope of practice of psychology. The proposed legislation would
reverse the negative impact of the 2003 interpretive letter, which
severely limited access to these critically needed services,
particularly for ethnic minority patients and those from low
socioeconomic backgrounds.

The legislation would require that testing technicians have a
Bachelor's degree in psychology or a related field; be trained by a
licensed psychologist in a non-school setting where the ratio of
technician to licensed psychologist does not exceed 3:1; and also
requires that technicians not provide opinions or interpret data.

The practice of employing non-doctoral level technicians for
objective, standardized psychological and neuropsychological testing
had been a standard practice in New York until the promulgation of the
interpretative letter of 2003, is widespread nationally in the
profession, and is supported by all professional organizations
including the American Psychological Association (APA), the
Neuropsychology Division of the APA, the American Academy of Clinical
Neuropsychology, the American.  Board of Professional Neuropsychology,
the National Academy of Neuropsychology and the International
Neuropsychology Society.  Additionally, current Medicare regulations
allow for the use of testing technicians when diagnostic psychological
testing is furnished under the supervision of a physician or clinical
psychologist. This is represented by the CPT code 96119. The Veterans
Administration continues to use testing technicians in
neuropsychological practice throughout the country, including in New
York State. Although psychologists have been restricted from using
testing technicians as a result of the interpretive letter in 2002,
physicians have continued unrestricted use of testing technicians.
This is an important division of labor in a psychologist's practice,
which would allow the licensed psychologist to focus more directly on
aspects of their practice which require the highest degree of
training, clinical judgment and the ability to diagnose and treat
individuals in their practices. Moreover, use of technicians is a cost

efficient means of providing this clinical service which is
particularly important in the midst of healthcare reform.

The time has come to revise New York's laws to more accurately reflect
current and common practices in the field of neuropsychology.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

S4176B of 2014

 EFFECTIVE DATE :
Immediately.

2015-S1865B (ACTIVE) - Bill Text download pdf

                            
                    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:

  Section  1.  Section  7605 of the education law is amended by adding a
new subdivision 11 to read as follows:
  11. THE CONDUCT, ACTIVITIES OR SERVICES OF A TECHNICIAN TO  ADMINISTER
AND  SCORE  STANDARDIZED  OBJECTIVE  (NON-PROJECTIVE)  PSYCHOLOGICAL  OR
NEUROPSYCHOLOGICAL TESTS WHICH HAVE SPECIFIC PREDETERMINED  AND  MANUAL-
IZED  ADMINISTRATIVE  PROCEDURES  WHICH  ENTAIL OBSERVING AND DESCRIBING
TEST BEHAVIOR AND TEST RESPONSES, AND WHICH DO NOT  REQUIRE  EVALUATION,
INTERPRETATION  OR OTHER JUDGMENTS; PROVIDED, HOWEVER, THAT SUCH TECHNI-
CIAN SHALL: (I) HOLD NO LESS THAN A BACHELOR'S DEGREE IN PSYCHOLOGY OR A
RELATED FIELD; (II) UNDERGO A PROCESS OF REGULAR TRAINING BY A  LICENSED
PSYCHOLOGIST,  WHICH  SHALL  INCLUDE, BUT NOT BE LIMITED TO A MINIMUM OF
EIGHTY TOTAL HOURS OF (A) PROFESSIONAL ETHICS, (B) STUDYING AND  MASTER-
ING  INFORMATION  FROM  TEST  MANUALS,  AND  (C) DIRECT OBSERVATION OF A
LICENSED PSYCHOLOGIST OR TRAINED TECHNICIAN  ADMINISTERING  AND  SCORING
TESTS,  IN  ADDITION  TO A MINIMUM OF FORTY TOTAL HOURS OF ADMINISTERING
AND SCORING TESTS IN THE PRESENCE OF A LICENSED PSYCHOLOGIST OR  TRAINED
TECHNICIAN,  PROVIDED  SUCH  INTERACTION  WITH THE LICENSED PSYCHOLOGIST
EQUALS OR EXCEEDS FIFTY PERCENT OF THE TOTAL  TRAINING  TIME;  (III)  BE
UNDER  THE  DIRECT AND ONGOING SUPERVISION OF A LICENSED PSYCHOLOGIST IN
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

NOT  BE  EMPLOYED  WITHIN  A  SCHOOL  SETTING  AND (V) NOT SELECT TESTS,
ANALYZE PATIENT DATA OR COMMUNICATE RESULTS TO PATIENTS. THE SUPERVISING
LICENSED PSYCHOLOGIST MUST SUBMIT, PURSUANT TO A FORM TO  BE  PRESCRIBED
AND  DEVELOPED WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVI-
SION BY THE DEPARTMENT, A SWORN STATEMENT DETAILING COMPLIANCE WITH  THE
ABOVE  REQUIREMENTS.  THE LICENSED PSYCHOLOGIST'S USE OF SUCH INDIVIDUAL
PURSUANT TO THE TERMS OF THIS SUBDIVISION SHALL BE UNDERTAKEN ONLY  WITH
SPECIAL CARE AND PROFESSIONAL JUDGMENT IN ORDER TO ENSURE THE SAFETY AND
WELL-BEING  OF THE PATIENT CONSIDERING THE SEVERITY OF THE SYMPTOMS, THE
AGE OF THE PATIENT AND THE LENGTH OF THE EXAMINATION PROCESS, AND  SHALL
INCLUDE  APPROPRIATE  ONGOING  CONTACT WITH THE LICENSED PSYCHOLOGIST AT
APPROPRIATE INTERVALS. SUCH USE SHALL BE SUBJECT TO THE  FULL  DISCIPLI-
NARY AND REGULATORY AUTHORITY OF THE BOARD OF REGENTS AND THE DEPARTMENT
PURSUANT  TO  THIS  TITLE.  THE  LICENSED  PSYCHOLOGIST  MUST NOTIFY THE
PATIENT OR DESIGNATED HEALTH CARE SURROGATE THAT THE  LICENSED  PSYCHOL-
OGIST  MAY  UTILIZE  THE  SERVICES OF A TECHNICIAN TO ADMINISTER CERTAIN
EXAMS, AND MUST PROVIDE THE PATIENT OR DESIGNATED HEALTH CARE  SURROGATE
THE OPPORTUNITY TO OBJECT TO THE LICENSED PSYCHOLOGIST'S PLAN TO UTILIZE
A TECHNICIAN.
  S 2. This act shall take effect immediately.

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Senate Bill S1865B

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Sponsored By

Archive: Last Bill Status Via A3563 - Signed by Governor

Bill Amendments

co-Sponsors

2015-S1865 - Details

2015-S1865 - Summary

2015-S1865 - Sponsor Memo

2015-S1865 - Bill Text download pdf

co-Sponsors

2015-S1865A - Details

2015-S1865A - Summary

2015-S1865A - Sponsor Memo

2015-S1865A - Bill Text download pdf

co-Sponsors

2015-S1865B (ACTIVE) - Details

2015-S1865B (ACTIVE) - Summary

2015-S1865B (ACTIVE) - Sponsor Memo

2015-S1865B (ACTIVE) - Bill Text download pdf

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