2023 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 April 1, 2025
* 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 such 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, where each
such preschool special education program is authorized by paragraph a of
subdivision six of section sixty-five hundred three-b of this  title  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 April 1, 2025 until June 30, 2026
* 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, 2026
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.