Bill S4977-2013

Includes the term "diagnosis" within the definition of the practice of mental health practitioners

Clarifies the authorization to practice for mental health practitioners; includes the term "diagnosis" within the definition of the practice of mental health practitioners.

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  • Jan 8, 2014: REFERRED TO HIGHER EDUCATION
  • May 2, 2013: REFERRED TO HIGHER EDUCATION

Memo

BILL NUMBER:S4977

TITLE OF BILL: An act to amend the education law, in relation to clarifying the authorization to practice for mental health practitioners

PURPOSE: To amend the definitions of these professions to clarify that these individuals are qualified to diagnose within the practice of each profession.

SUMMARY OF PROVISIONS: The education law is amended from section 8402 to section 8405 to include and define diagnosis within the practices of mental health counseling, marriage and family therapy, psychoanalysis and creative arts therapy.

JUSTIFICATION: In February 2012, The State Education Department's Mental Health practitioner Board released a report noting the need to amend the scopes of the Education Law Article 163 professions to clarify that these individuals are qualified to "diagnose" within the practice of each profession. These professions include mental health counselors, marriage and family therapists, creative arts therapists and psychoanalysts. The lack of the specific term "diagnosis" in the scope of practices for each of these professions has led some to conclude that these professions may not diagnose in New York. This conclusion does not conform with evidence in both the statute and the implementing regulations that support the professions authority to diagnose.

This bill remedies this problem by adding and defining the authorization to diagnosis within the scope of each of the Article 163 professions.

LEGISLATIVE HISTORY: 2013 Referred to Higher Education

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately


Text

STATE OF NEW YORK ________________________________________________________________________ 4977 2013-2014 Regular Sessions IN SENATE May 2, 2013 ___________
Introduced by Sen. ROBACH -- 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 clarifying the author- ization to practice for mental health practitioners THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 8402 of the education law, as added by chapter 676 of the laws of 2002, is amended to read as follows: 1. Definition of the practice of mental health counseling. The prac- tice of the profession of mental health counseling is defined as: (a) the evaluation, assessment, DIAGNOSIS, amelioration, treatment, modification, or adjustment to a disability, problem, or disorder of behavior, character, development, emotion, personality or relationships by the use of verbal or behavioral methods with individuals, couples, families or groups in private practice, group, or organized settings; [and] (b) the use of assessment instruments and mental health counseling and psychotherapy to identify, evaluate, DIAGNOSE and treat dysfunctions and disorders for purposes of providing appropriate mental health counseling services; AND (C) DIAGNOSIS IN THE CONTEXT OF LICENSED MENTAL HEALTH COUNSELING PRACTICE IS THE PROCESS OF DISTINGUISHING BETWEEN SIMILAR MENTAL, EMOTIONAL, BEHAVIORAL, DEVELOPMENTAL, AND ADDICTIVE DISORDERS, IMPAIR- MENTS AND DISABILITIES WITHIN A PSYCHOSOCIAL FRAMEWORK ON THE BASIS OF THEIR SIMILAR AND UNIQUE CHARACTERISTICS CONSISTENT WITH ACCEPTED CLAS- SIFICATION SYSTEMS. S 2. Subdivision 1 of section 8403 of the education law, as added by chapter 676 of the laws of 2002, is amended to read as follows: 1. Definition of the practice of marriage and family therapy. The practice of the profession of marriage and family therapy is defined as:
(a) the assessment, DIAGNOSIS and treatment of nervous and mental disorders, whether affective, cognitive or behavioral, which results in dysfunctional interpersonal family relationships including, but not limited to familial relationships, marital/couple relationships, parent-child relationships, pre-marital and other personal relation- ships; (b) the use of mental health counseling, psychotherapy and therapeutic techniques to evaluate and treat marital, relational, and family systems, and individuals in relationship to these systems; (c) the use of mental health counseling and psychotherapeutic tech- niques to treat mental, emotional and behavioral disorders and ailments within the context of marital, relational and family systems to prevent and ameliorate dysfunction; [and] (d) the use of assessment instruments and mental health counseling and psychotherapy to identify [and], evaluate, DIAGNOSE AND TREAT dysfunc- tions and disorders for purposes of providing appropriate marriage and family therapy services; AND (E) DIAGNOSIS IN THE CONTEXT OF LICENSED MARRIAGE AND FAMILY THERAPY PRACTICE IS THE PROCESS OF DISTINGUISHING BETWEEN SIMILAR MENTAL, EMOTIONAL, BEHAVIORAL, DEVELOPMENTAL, AND ADDICTIVE DISORDERS, IMPAIR- MENTS AND DISABILITIES WITHIN A PSYCHOSOCIAL FRAMEWORK ON THE BASIS OF THEIR SIMILAR AND UNIQUE CHARACTERISTICS CONSISTENT WITH ACCEPTED CLAS- SIFICATION SYSTEMS. S 3. Subdivision 1 of section 8404 of the education law, as added by chapter 676 of the laws of 2002, is amended to read as follows: 1. Definition of the practice of creative arts therapy. The practice of the profession of creative arts therapy is defined as: (a) the assessment, evaluation, DIAGNOSIS and the therapeutic inter- vention and treatment, which may be either primary, parallel or adjunc- tive, of mental, emotional, developmental and behavioral disorders through the use of the arts as approved by the department; [and] (b) the use of assessment instruments and mental health counseling and psychotherapy to identify, evaluate, DIAGNOSE and treat dysfunctions and disorders for purposes of providing appropriate creative arts therapy services; AND (C) DIAGNOSIS IN THE CONTEXT OF LICENSED CREATIVE ARTS THERAPY PRAC- TICE IS THE PROCESS OF DISTINGUISHING BETWEEN SIMILAR MENTAL, EMOTIONAL, BEHAVIORAL, DEVELOPMENTAL, AND ADDICTIVE DISORDERS, IMPAIRMENTS AND DISABILITIES WITHIN A PSYCHOSOCIAL FRAMEWORK ON THE BASIS OF THEIR SIMI- LAR AND UNIQUE CHARACTERISTICS CONSISTENT WITH ACCEPTED CLASSIFICATION SYSTEMS. S 4. Subdivision 1 of section 8405 of the education law, as added by chapter 676 of the laws of 2002, is amended to read as follows: 1. Definition of the practice of psychoanalysis. The practice of the profession of psychoanalysis is defined as: (a) the observation, description, evaluation, [and] interpretation, DIAGNOSIS AND TREATMENT of dynamic unconscious mental processes that contribute to the formation of personality and behavior in order to identify and resolve unconscious psychic problems which affect interper- sonal relationships and emotional development, to facilitate changes in personality and behavior through the use of verbal and nonverbal cogni- tive and emotional communication, and to develop adaptive functioning; [and] (b) the use of assessment instruments and mental health counseling and psychotherapy to identify, evaluate, DIAGNOSE and treat dysfunctions and
disorders for purposes of providing appropriate psychoanalytic services; AND (C) DIAGNOSIS IN THE CONTEXT OF LICENSED PSYCHOANALYSIS PRACTICE IS THE PROCESS OF DISTINGUISHING BETWEEN SIMILAR MENTAL, EMOTIONAL, BEHAV- IORAL, DEVELOPMENTAL, AND ADDICTIVE DISORDERS, IMPAIRMENTS AND DISABILI- TIES WITHIN A PSYCHOSOCIAL FRAMEWORK ON THE BASIS OF THEIR SIMILAR AND UNIQUE CHARACTERISTICS CONSISTENT WITH ACCEPTED CLASSIFICATION SYSTEMS. S 5. This act shall take effect immediately.

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