BILL NUMBER: S8081
SPONSOR: BROUK
 
TITLE OF BILL:
An act to amend the education law, in relation to requirements for
certain mental health practitioners to be issued privilege to diagnose
and develop assessment-based treatment plans
 
PURPOSE:
The purpose of this bill is to make it easier for certain mental health
practitioners to be issued privilege to diagnose ensuring more practi-
tioners remain in the field to meet the mental health needs across the
state.
 
SUMMARY OF PROVISIONS:
Section 1 changes the requirements to obtaining privilege to diagnose
and removes the fee for issuance of said privilege.
Section 2 sets the effective date.
 
JUSTIFICATION:
In 2022, a bill was signed into law granting certain Licensed Mental
Health Practitioners (LMHPs) - Licensed Marriage and Family Therapists,
Licensed Mental Health Counselors, and Psychoanalysts - the ability to
obtain a privilege to diagnose. It was enacted into law as Chapter 230
as a way to increase the mental health workforce to better meet the
demand for mental health services across New York State, particularly in
underserved communities. However, based upon feedback from LMHPs, train-
ing programs, students enrolled in training programs, graduates working
toward licensure, and community agencies that employ LMHPs, the DP law
has failed to accomplish its purposes. As the law is currently imple-
mented, the unnecessary and burdensome educational and experience
requirements for LMHPs to obtain the DP do nothing to protect the public
from harm while preventing the most experienced LMHPs from obtaining the
DP. This bill provides solutions to the issues to make entering the
field, and retaining workers in the field, more accessible and effi-
cient.
 
LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect immediately.