BILL NUMBER: S5133
SPONSOR: HARCKHAM
 
TITLE OF BILL:
An act to amend the education law, in relation to education requirements
and authorization to develop assessment-based treatment plans for
certain mental health practitioners; and providing for the repeal of
such provisions upon expiration thereof
 
PURPOSE:
Relates to the extension of the clinical practice exemption in programs
under the jurisdiction of certain state agencies.
 
SUMMARY OF PROVISIONS:
Section 1 amends section 8410 of the education law to add new subdivi-
sion 12 to ensure that any person employed at a program or service oper-
ated, regulated, funded, or approved by the department of mental
hygiene, the office of children and family services, the office of
temporary and disability assistance, the department of corrections and
community supervision, the state office for the aging, the department of
health or a local governmental unit as defined in section 41 of the
mental hygiene law, section 61 of the social services law are not
prohibited or limited in their activities or services. Additionally,
this subdivision shall not authorize the use of any license authorized
pursuant to this article.
Section 2 amends section 7706 of the education law to add new subdivi-
sion 9 to ensure that any person employed at a program or service oper-
ated, regulated, funded, or approved by the department of mental
hygiene, the office of children and family services, the office of
temporary and disability assistance, the department of corrections and
community supervision, the state office for the aging, the department of
health or a local governmental unit as defined in section 41 of the
mental hygiene law, section 61 of the social services law are not
prohibited or limited in their activities or services. Additionally,
this subdivision shall not authorize the use of any license authorized
pursuant to this article.
Section 3 amends section 7605 of the education law by adding subdivision
14 to provide that the activities or services on the part of any person
in the employ of a program or service operated, regulated, funded, or
approved by the department of mental hygiene, the office of children and
family services, the office of temporary and disability assistance, the
department of corrections and community supervision, the state office
for the aging, the department of health or a local governmental unit as
defined in section 41 of the mental hygiene law, section 61 of the
social services law.
Section 4 states the effective date.
 
JUSTIFICATION:
For 20 years, New York State has provided an exemption to the scope of
practice for certain practitioners licensed under Article 163 of the
Education Law. This exemption affected Licensed Mental Health Counse-
lors, Licensed Marriage and Family Therapists, Licensed Psychoanalysts,
and Licensed Creative Arts Therapists; allowing these licensees who are
employed in programs and services regulated, operated, funded, or
approved by OCFS, OPWDD, OASAS, and OMH to provide mental health and
diagnostic services. After it sunsets, those who were previously able to
provide mental health and diagnostic services under this exemption were
grandfathered in.
Given the current workforce crisis, this bill seeks to allow licensed
incoming Licensed Mental Health Counselors, Licensed Marriage and Family
Therapists, Licensed Psychoanalysts, and Licensed Creative Arts Thera-
pists practitioners the same ability to practice under the original
exemption.
 
LEGISLATIVE HISTORY:
2023-2024: S5389 - Died in Higher Education
2021-2022: S8366/A9936 - Died in Higher Education
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect June 24, 2025 and expire January 1, 2028.

Statutes affected:
S5133: 8410 education law, 7706 education law, 7605 education law