N.Y. Education Law § 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 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 until June 30, 2028

* 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, 2028

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.