2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 163 - Mental Health Practitioners › 8401-A - Diagnostic Privilege.

* §  8401-a.  Diagnostic  privilege. 1. For issuance of a privilege to
diagnose and develop assessment-based treatment  plans,  as  defined  in
section  eighty-four  hundred  one  of this article, the applicant shall
fulfill the following requirements:
(a) Application: File an application with the department;
(b) License: Be licensed and registered as a mental health  counselor,
marriage and family therapist, or a psychoanalyst in the state;
(c) Education: Verify the completion of a sixty semester hour master's
degree  or  higher,  or  the clock hour equivalent program of study in a
psychoanalytic institute, that includes completion of a core  curriculum
which  includes  at least twelve semester hours or clock hour equivalent
of clinical courses that prepares the applicant to diagnose and  develop
assessment-based  treatment plans acceptable to the department. A person
who has received a master's or higher degree during which they  did  not
complete  the required hours, may satisfy such requirement by completing
the  equivalent   post-graduate   courses   in   accordance   with   the
commissioner's regulations;
(d)  Experience:  (i)  Have  completed  at least two thousand hours of
supervised, direct client contact that shall include, but not be limited
to, diagnosis, psychotherapy and  the  development  of  assessment-based
treatment  plans,  as defined in section eighty-four hundred one of this
article, satisfactory to the department.
(ii) Subparagraph (i) of this paragraph shall not apply  to  a  mental
health  counselor,  marriage  and family therapist, or psychoanalyst who
was licensed prior to June twenty-fourth, two thousand twenty-four,  and
who provides attestation, on a form prescribed by the department, from a
supervisor in a facility setting or other supervised setting approved by
the  department  under supervision in accordance with the commissioner's
regulations, that such licensee has at least three years  of  experience
engaged   in   direct  client  contact  that  shall  include  diagnosis,
psychotherapy and the development of assessment-based  treatment  plans.
Such licensee shall submit an application to the department within three
years of the effective date of this section.
(e) Fee: Pay a fee of one hundred seventy-five dollars for issuance of
a privilege to diagnose and develop assessment-based treatment plans.
2.  A  mental  health  counselor,  marriage  and  family  therapist or
psychoanalyst  who  engages  in  diagnosis  and   the   development   of
assessment-based treatment plans without a privilege may be charged with
professional  misconduct  under  section sixty-five hundred nine of this
title.
3. A privilege issued under this section shall be valid for  the  life
of  the  holder,  unless revoked, annulled, or suspended by the board of
regents. Such a privilege shall be subject to  the  same  oversight  and
disciplinary  provisions as licenses issued under this title. The holder
of a privilege  issued  under  this  section  shall  register  with  the
department  as  a privilege holder in the same manner and subject to the
same provisions as required of a licensee pursuant to section sixty-five
hundred  two  of  this  title,  provided  that,  at  the  time  of  each
registration,  the  privilege  holder  shall  certify  that  he  or  she
continues to meet the requirements for the privilege set forth  in  this
section. The fee for such registration shall be one hundred seventy-five
dollars.  The  registration  period  for  a  privilege  holder  shall be
coterminous with his or her registration under this article.
* NB Effective June 24, 2024