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

                                  3476

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 19, 2009
                               ___________

Introduced  by  Sens. MORAHAN, LARKIN, PADAVAN, VOLKER -- 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 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,
CAREER,  AND  INDEPENDENT  LIVING  GOALS  IN THE MOST INTEGRATED SETTING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00005-01-9
              

S. 3476                             2

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
REGULATIONS.  THE GRADUATE COURSEWORK SHALL INCLUDE, BUT NOT BE  LIMITED
TO, THE FOLLOWING AREAS:

S. 3476                             3

  (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
LICENSE FOR PRACTICE OF SUCH PROFESSION WITHIN ONE YEAR OF THE EFFECTIVE
DATE OF SUCH PROFESSION.

S. 3476                             4

  (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.