S T A T E O F N E W Y O R K
________________________________________________________________________
1011
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. KELLNER, EDDINGTON, JAFFEE, BROOK-KRASNY, MARKEY,
WEISENBERG, McDONOUGH -- Multi-Sponsored by -- M. of A. PHEFFER --
read once and referred to the Committee on Higher Education
AN ACT to amend the education law, in relation to requiring licensing of
rehabilitation counselors
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new article 152 to
read as follows:
ARTICLE 152
REHABILITATION COUNSELING
SECTION 7550. INTRODUCTION.
7551. DEFINITION OF THE PRACTICE OF "REHABILITATION COUNSELING".
7552. PRACTICE OF REHABILITATION COUNSELING AND USE OF THE
TITLES "REHABILITATION COUNSELOR" AND "LICENSED REHABIL-
ITATION COUNSELOR".
7553. STATE BOARD FOR REHABILITATION COUNSELING.
7554. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
7555. LIMITED PERMITS.
7556. EXEMPT PERSONS.
7557. SPECIAL PROVISIONS.
7558. SEPARABILITY.
S 7550. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF REHA-
BILITATION COUNSELING. THE GENERAL PROVISIONS FOR ALL PROFESSIONS
CONTAINED IN ARTICLE ONE HUNDRED THIRTY OF THIS TITLE SHALL APPLY TO
THIS ARTICLE.
S 7551. DEFINITION OF THE PRACTICE OF "REHABILITATION COUNSELING". THE
PRACTICE OF THE PROFESSION OF REHABILITATION COUNSELING IS DEFINED AS A
SYSTEMATIC PROCESS WHICH ASSISTS PERSONS WITH PHYSICAL, MENTAL, DEVELOP-
MENTAL, COGNITIVE, AND EMOTIONAL DISABILITIES TO ACHIEVE THEIR PERSONAL,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00005-01-9
A. 1011 2
CAREER, AND INDEPENDENT LIVING GOALS IN THE MOST INTEGRATED SETTING
POSSIBLE THROUGH THE APPLICATION OF THE COUNSELING PROCESS. THE COUN-
SELING PROCESS INVOLVES COMMUNICATION, GOAL SETTING, AND BENEFICIAL
GROWTH OR CHANGE THROUGH SELF-ADVOCACY, PSYCHOLOGICAL, VOCATIONAL,
SOCIAL, AND BEHAVIORAL INTERVENTIONS. THE SPECIFIC TECHNIQUES AND MODAL-
ITIES UTILIZED WITHIN THIS REHABILITATION COUNSELING PROCESS MAY
INCLUDE, BUT ARE NOT LIMITED TO:
1. ASSESSMENT AND APPRAISAL;
2. DIAGNOSIS AND TREATMENT PLANNING;
3. CAREER (VOCATIONAL) COUNSELING;
4. INDIVIDUAL AND GROUP COUNSELING TREATMENT INTERVENTIONS FOCUSED ON
FACILITATING ADJUSTMENTS TO THE MEDICAL AND PSYCHOSOCIAL IMPACT OF DISA-
BILITY;
5. CASE MANAGEMENT, REFERRAL, AND SERVICE COORDINATION;
6. PROGRAM EVALUATION AND RESEARCH;
7. INTERVENTIONS TO REMOVE ENVIRONMENTAL, EMPLOYMENT, AND ATTITUDINAL
BARRIERS;
8. CONSULTATION SERVICES AMONG MULTIPLE PARTIES AND REGULATORY
SYSTEMS;
9. JOB ANALYSIS, JOB DEVELOPMENT, AND PLACEMENT SERVICES, INCLUDING
ASSISTANCE WITH EMPLOYMENT AND JOB ACCOMMODATIONS;
10. THE PROVISION OF CONSULTATION ABOUT AND ACCESS TO REHABILITATION
TECHNOLOGY.
S 7552. PRACTICE OF REHABILITATION COUNSELING AND USE OF THE TITLES
"REHABILITATION COUNSELOR" AND "LICENSED REHABILITATION COUNSELOR". ONLY
A PERSON LICENSED OR EXEMPT UNDER THIS ARTICLE SHALL PRACTICE REHABILI-
TATION COUNSELING OR USE THE TITLE "REHABILITATION COUNSELOR". ONLY A
PERSON LICENSED UNDER THIS ARTICLE SHALL USE THE TITLE "LICENSED REHA-
BILITATION COUNSELOR" OR ANY OTHER DESIGNATION TENDING TO IMPLY THAT THE
PERSON IS LICENSED TO PRACTICE REHABILITATION COUNSELING.
S 7553. STATE BOARD FOR REHABILITATION COUNSELING. 1. A STATE BOARD
FOR REHABILITATION COUNSELING SHALL BE APPOINTED BY THE BOARD OF REGENTS
ON RECOMMENDATION OF THE COMMISSIONER FOR THE PURPOSE OF ASSISTING THE
BOARD OF REGENTS AND THE DEPARTMENT ON MATTERS OF LICENSING AND REGU-
LATION. THE BOARD SHALL BE COMPOSED OF AT LEAST THREE REHABILITATION
COUNSELORS LICENSED PURSUANT TO THIS ARTICLE AND AT LEAST ONE PUBLIC
REPRESENTATIVE WHO DOES NOT HOLD INTERESTS IN THE ORGANIZATION, FINANC-
ING, OR DELIVERY OF REHABILITATION COUNSELING SERVICES. MEMBERS OF THE
FIRST BOARD NEED NOT BE LICENSED PRIOR TO THEIR APPOINTMENT TO THE
BOARD. AN EXECUTIVE SECRETARY TO THE BOARD SHALL BE APPOINTED BY THE
BOARD OF REGENTS ON RECOMMENDATION OF THE COMMISSIONER.
2. THE TERMS OF OFFICE OF THE MEMBERS OF THE BOARD SHALL BE FIVE
YEARS; PROVIDED, HOWEVER, THAT OF THE MEMBERS FIRST APPOINTED, ONE SHALL
BE APPOINTED FOR THREE YEARS, ONE SHALL BE APPOINTED FOR FOUR YEARS, AND
TWO SHALL BE APPOINTED FOR FIVE YEARS. ANY VACANCY ON THE BOARD SHALL BE
FILLED BY APPOINTMENT FOR THE REMAINDER OF SUCH MEMBER'S TERM IN ACCORD-
ANCE WITH THE PROVISIONS OF THIS SECTION.
S 7554. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A
LICENSE AS A "LICENSED REHABILITATION COUNSELOR", AN APPLICANT SHALL
FULFILL THE FOLLOWING REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A MASTER'S OR
HIGHER DEGREE IN REHABILITATION COUNSELING FROM AN ACCREDITED PROGRAM
REGISTERED BY THE DEPARTMENT OR DETERMINED BY THE DEPARTMENT TO BE THE
SUBSTANTIAL EQUIVALENT THEREOF, IN ACCORDANCE WITH THE COMMISSIONER'S
A. 1011 3
REGULATIONS. THE GRADUATE COURSEWORK SHALL INCLUDE, BUT NOT BE LIMITED
TO, THE FOLLOWING AREAS:
(A) THEORIES AND TECHNIQUES OF COUNSELING,
(B) ASSESSMENT,
(C) OCCUPATIONAL INFORMATION,
(D) JOB PLACEMENT,
(E) MEDICAL ASPECTS OF DISABILITY,
(F) PSYCHOSOCIAL ASPECTS OF DISABILITY,
(G) COMMUNITY RESOURCES,
(H) DELIVERY OF REHABILITATION SERVICES,
(I) COMPLETION OF A MINIMUM ONE HUNDRED HOURS OF SUPERVISED PRACTICUM
AND ONE YEAR (SIX HUNDRED HOURS) SUPERVISED INTERNSHIP IN REHABILITATION
COUNSELING;
3. EXPERIENCE: THE COMPLETION OF AT LEAST SEVEN HUNDRED CLIENT CONTACT
HOURS OF SUPERVISED CLINICAL EXPERIENCE, BY PERSONS HOLDING A DEGREE
FROM A MASTER'S OR DOCTORAL PROGRAM, OR THE SUBSTANTIAL EQUIVALENT, IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS, OR THE COMPLETION OF AT
LEAST SEVEN HUNDRED CLIENT HOURS OF SUPERVISED POST-MASTER'S CLINICAL
EXPERIENCE IN REHABILITATION COUNSELING SATISFACTORY TO THE DEPARTMENT,
IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
7. FEES: PAY A FEE OF TWO HUNDRED FIFTY DOLLARS TO THE DEPARTMENT FOR
ADMISSION TO A DEPARTMENT-CONDUCTED EXAMINATION AND FOR AN INITIAL
LICENSE; A FEE OF EIGHTY-FIVE DOLLARS FOR EACH REEXAMINATION; A FEE OF
ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT
REQUIRING ADMISSION TO A DEPARTMENT-CONDUCTED EXAMINATION, AND A FEE OF
ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
S 7555. LIMITED PERMITS. THE FOLLOWING REQUIREMENTS FOR A LIMITED
PERMIT SHALL APPLY TO THE PROFESSION LICENSED PURSUANT TO THIS ARTICLE:
1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHOSE
QUALIFICATIONS HAVE BEEN APPROVED FOR ADMISSION TO THE EXAMINATION IN
ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
2. LIMITED PERMITS SHALL BE FOR ONE YEAR AND MAY BE RENEWED, AT THE
DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
3. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL THEREOF SHALL
BE SEVENTY DOLLARS.
S 7556. EXEMPT PERSONS. 1. THIS ARTICLE SHALL NOT BE CONSTRUED TO
AFFECT OR PREVENT QUALIFIED PHYSICIANS, NURSES, PHYSICAL OR OCCUPATIONAL
THERAPISTS, PSYCHOLOGISTS, COUNSELORS, CREATIVE ARTS THERAPISTS, PSYCHO-
ANALYSTS, SOCIAL WORKERS OR MEMBERS OF THE CLERGY FROM PERFORMING THE
WORK OF A REHABILITATION COUNSELOR WHERE INCIDENT TO THE PRACTICE OF
THEIR PROFESSIONS, PROVIDED THEY DO NOT HOLD THEMSELVES OUT TO THE
PUBLIC BY ANY TITLE AS BEING ENGAGED IN THE PRACTICE OF REHABILITATION
COUNSELING.
2. THIS ARTICLE SHALL NOT BE CONSTRUED TO AFFECT OR PREVENT A REHABIL-
ITATION COUNSELING STUDENT FROM ENGAGING IN CLINICAL PRACTICE UNDER THE
SUPERVISION OF A LICENSED OR CERTIFIED REHABILITATION COUNSELOR AS PART
OF A PROGRAM CONDUCTED IN AN APPROVED AGENCY AFFILIATED WITH AN ACCRED-
ITED SCHOOL OF REHABILITATION COUNSELING WHICH IS APPROVED BY THE
DEPARTMENT.
S 7557. SPECIAL PROVISIONS. 1. ANY NONEXEMPT PERSON PRACTICING THE
PROFESSION TO BE LICENSED PURSUANT TO THIS ARTICLE SHALL APPLY FOR A
A. 1011 4
LICENSE FOR PRACTICE OF SUCH PROFESSION WITHIN ONE YEAR OF THE EFFECTIVE
DATE OF SUCH PROFESSION.
(A) IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB-
LISHED WITHIN THIS ARTICLE, SUCH PERSON MAY MEET ALTERNATIVE CRITERIA
DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT OF SUCH
CRITERIA.
(B) IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB-
LISHED WITHIN THIS ARTICLE, BUT HAS BEEN CERTIFIED OR REGISTERED BY A
NATIONAL CERTIFYING OR REGISTERING BODY HAVING CERTIFICATION OR REGIS-
TRATION STANDARDS ACCEPTABLE TO THE COMMISSIONER, THE DEPARTMENT SHALL
LICENSE WITHOUT EXAMINATION.
(C) IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB-
LISHED WITHIN THIS ARTICLE, THE DEPARTMENT SHALL LICENSE WITHOUT EXAM-
INATION IF THE APPLICANT SUBMITS EVIDENCE SATISFACTORY TO THE DEPARTMENT
OF HAVING BEEN ENGAGED IN THE PRACTICE OF SUCH PROFESSION FOR AT LEAST
FIVE OF THE IMMEDIATELY PRECEDING EIGHT YEARS.
2. THE COMMISSIONER SHALL ESTABLISH BY RULES AND REGULATIONS ALL FEES
AUTHORIZED PURSUANT TO THIS ARTICLE. SUCH FEES SHALL BE SET IN AMOUNTS
SUFFICIENT TO MEET THE EXPENSES OF ADMINISTERING THE PROVISIONS OF THIS
ARTICLE.
3. THE DEPARTMENT SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY
TO ESTABLISH PROFESSIONAL STANDARDS OF REHABILITATION COUNSELORS AND ANY
OTHER RULES AND REGULATIONS NECESSARY TO ADMINISTER THE PROVISIONS OF
THIS ARTICLE.
S 7558. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF,
SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OF
ANY OTHER SECTION OR PART THEREOF.
S 2. This act shall take effect on the five hundred forty-fifth day
after it shall have become a law; provided, however, that any rules and
regulations necessary to implement the provisions of this act on its
effective date are authorized and directed to be promulgated, amended
and repealed on or before such date.