NY Educ L § 7605 (2021)
2021 New York Laws EDN - Education Title 8 - The Professions Article 153 - Psychology 7605 - Exempt Persons.

§ 7605. Exempt  persons. Nothing in this article shall be construed to affect or prevent:   * 1. The activities, services, and use of the title  of  psychologist, or  any  derivation  thereof, on the part of a person in the employ of a federal,  state,  county  or  municipal  agency,  or   other   political subdivision,   or   a   chartered  elementary  or  secondary  school  or degree-granting educational institution insofar as such  activities  and services  are  a  part of the duties of his salaried position; or on the part of a person in the employ as a certified school psychologist  on  a full-time  or  part-time  salary  basis, which may include on an hourly, weekly, or monthly basis, or on a  fee  for  evaluation  services  basis provided that such person employed as a certified school psychologist is employed  by  and  under the dominion and control of a preschool special education program approved pursuant to paragraph b of  subdivision  nine or  subdivision nine-a of section forty-four hundred ten of this chapter to provide activities, services and to use the title  "certified  school psychologist",  so long as this shall not be construed to permit the use of the title "licensed  psychologist",  to  students  enrolled  in  such approved  program  or  to  conduct  a  multidisciplinary evaluation of a preschool child having or suspected of having a disability;  or  on  the part  of  a person in the employ as a certified school psychologist on a full-time or part-time salary basis, which may  include  on  an  hourly, weekly  or  monthly  basis,  or  on  a fee for evaluation services basis provided that such person employed as a certified school psychologist is employed by and under the dominion and control of an agency approved  in accordance  with title two-A of article twenty-five of the public health law to deliver early intervention program multidisciplinary evaluations, service coordination services and early intervention  program  services, where   each   such   preschool   special  education  program  or  early intervention provider is authorized by paragraph a or b  of  subdivision six  of  section  sixty-five  hundred  three  of this title, each in the course of  their  employment.  Nothing  in  this  subdivision  shall  be construed  to authorize a certified school psychologist or group of such school psychologists to  engage  in  independent  practice  or  practice outside of an employment relationship.   * NB Effective until June 30, 2022   * 1.  The  activities, services, and use of the title of psychologist, or any derivation thereof, on the part of a person in the  employ  of  a federal,   state,   county  or  municipal  agency,  or  other  political subdivision,  or  a  chartered  elementary  or   secondary   school   or degree-granting  educational  institution insofar as such activities and services are a part of the duties of his salaried position.   * NB Effective June 30, 2022   2. The activities and services  required  of  a  student,  intern,  or resident in psychology, pursuing a course of study leading to a doctoral degree  in  psychology  in  an  institution  approved by the department, provided that such activities and services  constitute  a  part  of  his supervised  course  of  study  in  psychology.  Such  persons  shall  be designated by title as "psychological intern",  "psychological  trainee" or other such title which clearly indicates his training status.   3.  The  practice,  conduct,  activities  or  services  by  any person licensed or otherwise authorized to practice medicine within  the  state pursuant  to  article  one  hundred  thirty-one  of this title or by any person registered to perform services as a  physician  assistant  within the state pursuant to article one hundred thirty-one-B of this title.   4.  The  practice,  conduct,  activities,  or  services  by any person licensed or otherwise authorized to practice  nursing  as  a  registered professional  nurse  or  nurse practitioner within the state pursuant to  article one hundred thirty-nine of this title or by any person  licensed or  otherwise  authorized  to  practice  social  work  within  the state pursuant to article one hundred fifty-four of  this  title,  or  by  any person  licensed  or  otherwise  authorized  to  practice  mental health counseling, marriage and  family  therapy,  creative  arts  therapy,  or psychoanalysis   within  the  state  pursuant  to  article  one  hundred sixty-three  of  this  title,  or  any  person  licensed  or   otherwise authorized  to  practice  applied  behavior  analysis  within  the state pursuant to article  one  hundred  sixty-seven  of  this  title  or  any individual  who is credentialed under any law, including attorneys, rape crisis  counselors,  certified  alcoholism  counselors,  and   certified substance  abuse counselors from providing mental health services within their respective established authorities.   5. The conduct, activities, or services of any member of the clergy or Christian Science practitioner, in the provision of pastoral  counseling services  within  the  context  of  his  or  her  ministerial  charge or obligation.   6. The conduct, activities,  or  services  of  individuals,  churches, schools,   teachers,  organizations,  or  not-for-profit  businesses  in providing instruction, advice, support, encouragement, or information to individuals, families, and relational groups.   7. The practice, conduct, activities, or services of  an  occupational therapist  from  performing  work  consistent  with  article one hundred fifty-six of this title.   8. The representation as a psychologist and the rendering of  services as  such  in  this  state for a temporary period of a person who resides outside the state  of  New  York  and  who  engages  in  practice  as  a psychologist and conducts the major part of his practice as such outside this  state, provided such person has filed with the department evidence that he has been licensed or certified in  another  state  or  has  been admitted   to   the  examination  in  this  state  pursuant  to  section seventy-six hundred three of this article. Such temporary  period  shall not  exceed  ten  consecutive  business  days  in  any  period of ninety consecutive days or in the aggregate exceed more than  fifteen  business days in any such ninety-day period.   9.  The  provision  of  psychotherapy as defined in subdivision two of section eighty-four hundred one of this title to the extent  permissible within  the  scope  of  practice  of  psychology,  by any not-for-profit corporation or education corporation providing services within the state of New York and operating under a waiver pursuant to section  sixty-five hundred  three-a  of  this  title,  provided that such entities offering psychology  services  shall  only  provide  such  services  through   an individual  appropriately  licensed  or  otherwise authorized to provide such services or a professional entity authorized by law to provide such services.   10. (a) A  person  without  a  license  from:  performing  assessments including  but not limited to basic information collection, gathering of demographic data, and informal observations, screening and referral used for general eligibility for a program or  service  and  determining  the functional  status  of an individual for the purpose of determining need for services; advising  individuals  regarding  the  appropriateness  of benefits  they  are  eligible for; providing general advice and guidance and assisting individuals or groups with difficult day to  day  problems such   as  finding  employment,  locating  sources  of  assistance,  and organizing community groups to work on  a  specific  problem;  providing peer  services;  selecting for suitability and providing substance abuse treatment  services  or  group   re-entry   services   to   incarcerated individuals  in  state  correctional  facilities; or providing substance  abuse  treatment  services  or   re-entry   services   to   incarcerated individuals in local correctional facilities.  (b)   A   person  without  a  license  from  creating,  developing  or implementing a service plan or recovery plan that is  not  a  behavioral health diagnosis or treatment plan. Such service or recovery plans shall include, but are not limited to, coordinating, evaluating or determining the  need  for, or the provision of the following services: job training and employability; housing; homeless services and shelters for  homeless individuals   and   families;  refugee  services;  residential,  day  or community habilitation services;  general  public  assistance;  in  home services  and supports or home-delivered meals; recovery supports; adult or child protective  services  including  investigations;  detention  as defined in section five hundred two of the executive law; prevention and residential  services  for  victims  of  domestic violence; services for runaway and homeless youth; foster care, adoption,  preventive  services or services in accordance with an approved plan pursuant to section four hundred  four of the social services law, including, adoption and foster home studies and assessments, family service  plans,  transition  plans, permanency  planning activities, and case planning or case management as such terms are defined in the regulations of the office of children  and family  services;  residential  rehabilitation; home and community based services;  and  de-escalation  techniques,  peer   services   or   skill development.  (c)(i)  A person without a license from participating as a member of a multi-disciplinary  team  to   assist   in   the   development   of   or implementation  of  a  behavioral  health  services  or  treatment plan; provided that such team shall include one or more professionals licensed under this article or  articles  one  hundred  thirty-one,  one  hundred thirty-nine,  one  hundred fifty-four or one hundred sixty-three of this chapter; and provided, further, that the activities performed by members of the team shall be consistent with the scope of practice for each team member licensed or authorized under title  VIII  of  this  chapter,  and those  who  are  not  so  authorized  may  not  engage  in the following restricted practices: the diagnosis of  mental,  emotional,  behavioral, addictive   and   developmental   disorders  and  disabilities;  patient assessment and evaluating; the provision of psychotherapeutic treatment; the provision of treatment other than  psychotherapeutic  treatment;  or independently  developing  and  implementing  assessment-based treatment plans as defined in section seventy-seven hundred one of this title.  (ii) For the purposes of this paragraph, "assist" shall  include,  but not  be limited to, the provision or performance of the following tasks, services, or functions by an individual who has  obtained  the  training and  experience  required  by  the  applicable state oversight agency to perform such  task,  service  or  function  in  facilities  or  programs operating  pursuant to article nineteen-G of the executive law; articles seven, sixteen, thirty-one or thirty-two of the mental hygiene  law;  or title three of article seven of the social services law:  (1)   helping   an   individual   with  the  completion  of  forms  or questionnaires;  (2)  reviewing  existing  case  records  and   collecting   background information  about  an  individual  which  may  be  used by the licensed professional or multi-disciplinary team;  (3) gathering and  reporting  information  about  previous  behavioral health  interventions,  hospitalizations, documented diagnosis, or prior treatment for review by the licensed professional and multi-disciplinary team;  (4) discussing with  the  individual  his  or  her  situation,  needs, concerns,  and  thoughts in order to help identify services that support the individual's goals, independence, and quality of life;  (5)  providing  advice, information, and assistance to individuals and family  members  to  identify  needs  and  available  resources  in  the community to help meet the needs of the individual or family member;  (6)  engaging  in immediate and long-term problem solving, engaging in the development of social skills, or providing  general  help  in  areas including,   but  not  limited  to,  housing,  employment,  child  care, parenting, community based services, and finances;  (7) distributing paper  copies  of  self-administered  tests  for  the individual  to  complete  when such tests do not require the observation and judgment of a licensed professional;  (8)  monitoring  treatment  by  the  collection  of   written   and/or observational  data  in accordance with the treatment plan and providing verbal or written reports to the multi-disciplinary team;  (9) identifying  gaps  in  services  and  coordinating  access  to  or arranging  services  for  individuals such as home care, community based services, housing, employment, transportation,  child  care,  vocational training, or health care;  (10)  offering  education  programs  that  provide  information  about disease identification and recommended treatments that may be  provided, and how to access such treatment;  (11)  reporting  on  behavior,  actions, and responses to treatment by collecting  written   and/or   observational   data   as   part   of   a multi-disciplinary team;  (12)   using  de-escalation  techniques  consistent  with  appropriate training;  (13) performing assessments using standardized,  structured  interview tools or instruments;  (14)  directly  delivering  services outlined in the service plan that are not clinical in nature but have been tailored to an individual based on any diagnoses such individual  may  have  received  from  a  licensed professional; and  (15) advocating with educational, judicial or other systems to protect an individual's rights and access to appropriate services.  (d)  Provided,  further,  that  nothing  in  this subdivision shall be construed as requiring a license for any particular activity or function based solely on the fact that the activity or function is not listed  in this subdivision.   11.  The conduct, activities or services of a technician to administer and  score  standardized  objective  (non-projective)  psychological  or neuropsychological   tests   which   have   specific  predetermined  and manualized  administrative  procedures  which   entail   observing   and describing  test  behavior  and test responses, and which do not require evaluation, interpretation or other judgments; provided,  however,  that such  technician  shall:  (i)  hold  no less than a Bachelor's degree in psychology or a  related  field;  (ii)  undergo  a  process  of  regular training  by  a  licensed  psychologist, which shall include, but not be limited to a minimum of eighty total hours of (a)  professional  ethics, (b) studying and mastering information from test manuals, and (c) direct observation   of   a   licensed   psychologist   or  trained  technician administering and scoring tests, in addition to a minimum of forty total hours of administering and scoring tests in the presence of  a  licensed psychologist  or  trained technician, provided such interaction with the licensed psychologist equals or  exceeds  fifty  percent  of  the  total training  time;  (iii)  be under the direct and ongoing supervision of a licensed psychologist in no greater than a 3:1 ratio or  the  part  time  equivalent thereto; (iv) not be employed within a school setting and (v) not  select  tests,  analyze  patient  data  or  communicate  results to patients. The supervising licensed psychologist must submit, pursuant to a  form  to  be  prescribed  and  developed  within  ninety  days of the effective date of this subdivision by the department, a sworn  statement detailing   compliance   with   the  above  requirements.  The  licensed psychologist's use of such individual pursuant  to  the  terms  of  this subdivision  shall be undertaken only with special care and professional judgment in order to ensure the safety and  well-being  of  the  patient considering the severity of the symptoms, the age of the patient and the length of the examination process, and shall include appropriate ongoing contact  with  the  licensed psychologist at appropriate intervals. Such use shall be subject to the full disciplinary and  regulatory  authority of  the  board of regents and the department pursuant to this title. The licensed psychologist must notify the patient or designated health  care surrogate  that  the licensed psychologist may utilize the services of a technician to administer certain exams, and must provide the patient  or designated  health  care  surrogate  the  opportunity  to  object to the licensed psychologist's plan to utilize a technician.   12. Notwithstanding any  other  provision  of  law  to  the  contrary, nothing  in  this  article  shall  be construed to prohibit or limit the activities or services provided under this article by any person who  is employed  or  who commences employment in a program or service operated, regulated, funded, or approved by the department of mental hygiene,  the office  of children and family services, or a local governmental unit as that term is defined in section 41.03 of the mental  hygiene  law  or  a social  services  district as defined in section sixty-one of the social services law on or before two years from the date that  the  regulations issued  in  accordance with section six of part Y of chapter fifty-seven of the laws of two thousand eighteen appear in the state register or are adopted, whichever is later. Such prohibitions or limitations shall  not apply  to  such  employees  for  as long as they remain employed by such programs or services and whether they remain employed  by  the  same  or other  employers providing such programs or services. Provided, however, that any person who commences employment  in  such  program  or  service after  such  date  and  performs services that are restricted under this article  shall  be  appropriately  licensed  or  authorized  under  this article. Each state oversight agency shall create and maintain a process to   verify   employment   history  of  individuals  exempt  under  this subdivision.   13. The activities or services provided by a person  with  a  master's level  degree  in  psychology  or  its  equivalent,  working  under  the supervision of a licensed psychologist in a program or service operated, regulated, funded, or approved by the department of mental hygiene,  the office  of  children  and family services, or a local government unit as that term is defined in section 41.03 of the mental  hygiene  law  or  a social  services  district as defined in section sixty-one of the social services law.