BILL NUMBER: S8561
SPONSOR: RYAN C
 
TITLE OF BILL:
An act to amend the education law, in relation to mental health coun-
seling licensure and the submission of supervised experience verifica-
tion
 
PURPOSE OR GENERAL IDEA OF BILL
To modernize and improve the efficiency of the LMHC (Licensed Mental
Health Counselor) licensure process by allowing applicants, rather than
only supervisors, to submit the supervised experience verification form
("Form 4B"), provided that the supervisor's portion is completed,
signed, and attested and submitted in a manner preserving authenticity
and integrity.
 
SUMMARY OF SPECIFIC PROVISIONS
Section 1 Amends Education Law § 8402, paragraph 3 to insert a new
subparagraph (d) that expressly authorizes an applicant for LMHC licen-
sure to submit the supervised experience verification form, so long as
the supervisory portion is fully completed, signed, and attested by the
supervisor, and submitted via a secure method as prescribed in Depart-
ment regulations. Also, adds a new subdivision 4 under § 8402 to require
the Commissioner of Education to promulgate implementing regulations
consistent with the change, including safeguards such as sealed envel-
opes, direct submission by supervisors, encrypted electronic submission,
tamper-resistant methods, and audit or verification procedures.
Section 2 Sets the effective date.
 
JUSTIFICATION
Aspiring mental health counselors dedicate years to education and super-
vised practice to serve those in need. Yet many face unfair delays or
even career setbacks because a former supervisor is unavailable or
unwilling to submit verified hours, sometimes for reasons unrelated to
the applicant's performance. In rare but real cases, supervisors have
withheld signatures out of personal or professional conflict, leaving
qualified individuals unable to advance despite meeting every substan-
tive requirement for licensure.
Allowing applicants to submit their verified certification of supervised
experience helps maintain equity and safeguards authenticity by not
diluting requirements such as signed supervisor attestation or foregoing
secure submission methods. it prevents qualified professionals from
being held back by administrative or interpersonal obstacles while main-
taining the integrity of licensure standards. This will reduce licensure
delays, and help more counselors enter the field at a time when New York
urgently needs mental healthcare providers.
 
PRIOR LEGISLATIVE HISTORY
New Bill
 
FISCAL IMPLICATIONS
None
 
EFFECTIVE DATE
Immediate

Statutes affected:
S8561: 8412 education law, 8412(3) education law