N.Y. Education Law § 8410: Exemptions

§ 8410. Exemptions. Nothing contained in this article shall be

construed to:

1. Apply to the practice, conduct, activities, services or use of any

title 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 or by any person licensed or otherwise

authorized to practice psychology within this state pursuant to article

one hundred fifty-three of this title or by any person licensed or

otherwise authorized to practice social work within this state pursuant

to article one hundred fifty-four of this title, or by any person

licensed or otherwise authorized to practice nursing as a registered

professional nurse or nurse practitioner within this state pursuant to

article one hundred thirty-nine of this title or by any person licensed

or otherwise authorized to practice applied behavior analysis within the

state pursuant to article one hundred sixty-seven of this title;

provided, however, that no physician, physician's assistant, registered

professional nurse, nurse practitioner, psychologist, licensed master

social worker, licensed clinical social worker, licensed behavior

analyst or certified behavior analyst assistant may use the titles

"licensed mental health counselor", "licensed marriage and family

therapist", "licensed creative arts therapist", or "licensed

psychoanalyst", unless licensed under this article.

2. Prohibit or limit 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.

3. Prohibit or limit the practice of a profession licensed pursuant to

this article by a student, intern or resident in, and as part of, a

supervised educational program in an institution approved by the

department.

4. Prohibit or limit the provision of pastoral counseling services by

any member of the clergy or Christian Science practitioner, within the

context of his or her ministerial charge or obligation.

5. Prohibit or limit individuals, churches, schools, teachers,

organizations, or not-for-profit businesses, from providing instruction,

advice, support, encouragement, or information to individuals, families,

and relational groups.

6. Prohibit or limit an occupational therapist from performing work

consistent with article one hundred fifty-six of this title.

7. Prohibit the practice of mental health counseling, marriage and

family therapy, creative arts therapy or psychoanalysis, to the extent

permissible within the scope of practice of such professions, 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 mental health counseling, marriage and family therapy,

creative arts therapy or psychoanalysis 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.

8. (a) Prevent 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) Prevent 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) Prevent 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-three or one hundred fifty-four 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 chapter.

(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.

9. 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, the department of corrections and

community supervision, the office of temporary and disability

assistance, the state office for the aging and the department of health

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.

10. The activities or services provided by a person with a master's

level degree required for licensure pursuant to this article, working

under the supervision of a professional licensed pursuant to article one

hundred fifty-three, one hundred fifty-four or this article in a program

or service operated, regulated, funded, or approved by the department of

mental hygiene, the office of children and family services, the

department of corrections and community supervision, the office of

temporary and disability assistance, the state office for the aging and

the department of health 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.

* 11. Prohibit or limit a mental health counselor, marriage and family

therapist, or psychoanalyst licensed and registered pursuant to this

article from engaging in diagnosis and the development of

assessment-based treatment plans, as defined in section eighty-four

hundred one of this article, in a facility setting or other supervised

settings approved by the department under supervision in accordance with

the commissioner's regulations.

* NB Repealed June 24, 2027