BILL NUMBER: S8150
SPONSOR: HELMING
 
TITLE OF BILL:
An act to amend the education law, in relation to licensure for the
practice of mental health counseling
 
PURPOSE:
To allow mental health counselors licensed in other states with similar
licensing standards to be granted a license to practice in NY with two
years of work experience in the field. This bill also gives the licens-
ing authority the ability to grant provisional licenses while applicants
licensed in other states fulfill outstanding requirements for licensure
by endorsement in New York.
 
SUMMARY OF PROVISIONS:
Section 1 amends section 8402 of education law by adding a new subdivi-
sion 4 relating to licensure by endorsement. This subdivision states
that the Department of Education shall issue a license to practice
mental health counseling in New York if the applicant holds a current
license in another state with similar licensing standards, has two years
of experience in the field in the last 5 years, is in good standing in
their current jurisdiction, and pays any required fees. It also allows
the Department of Education to issue a provisional license to an indi-
vidual while they satisfy remaining requirements for licensure by
endorsement.
Section 2 provides the effective date.
 
JUSTIFICATION:
New York State is currently experiencing a shortage of mental health
professionals. As of December 31, 2023, 129 facilities in New York,
serving a population of over 6.5 million people, have been designated as
Mental Health Care Health Professional Shortage Areas (HPSA) by the U.S.
Department of Health & Human Services. This means that almost one third
of New Yorkers live in an area which the Federal government has desig-
nated as lacking an adequate number of mental health care professionals.
This comes as rates of mental health issues have continued to rise,
including amongst our state's children. A 2023 report published by the
New York State Office of Mental Health and the New York State Office of
Children and Family Services revealed that the rate of youths who
reported seriously considering attempting suicide had risen to 22%
between 2011 and 2021. As schools seek to hire mental health profes-
sionals to provide desperately needed services to their students, they
face the same shortage of licensed professionals as facilities across
New York State.
One issue frequently cited by organizations seeking to hire mental
health counselors is New York State's onerous reciprocity and licensure
by endorsement requirements for professionals licensed in other states.
Currently, professionals licensed in other states must have 5 years of
clinical experience to receive a license by endorsement. Professionals
with less than 5 years of experience who wish to relocate to New York
must complete the entire New York state licensing application process.
This prevents qualified professionals from choosing to relocate to New
York.
This bill would ease requirements for licensure by endorsement by
requiring that the Department of Education issue a license to practice
mental health counseling to professionals licensed in other states with
similar licensing requirements who have two years of experience in the
field, are in good standing in their current jurisdiction, and pays any
required fees. Similar legislation was passed in Pennsylvania for
licensing of all professions in 2019. Two years after passage, 40% of
the licenses issued via this new process were issued by the PA State
Board of Social Workers, Marriage and Family Therapists, and Profes-
sional Counselors, highlighting the effectiveness of easing regulatory
requirements in encouraging interstate mobility of mental health profes-
sionals.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S8150: 8402 education law