S 5133: Requires clinical experience for certain mental health practitioners; allows such practitioners to make assessment-based treatment plans; makes related provisions.

  
  STATE OF NEW YORK ________________________________________________________________________ 5133 2025-2026 Regular Sessions  IN SENATE February 19, 2025 ___________ Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law, in relation to education requirements and authorization to develop assessment-based treatment plans for certain mental health practitioners; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 8410 of the education law is amended by adding a 2 new subdivision 12 to read as follows: 3 12. Prohibit or limit the activities or services on the part of any 4 person in the employ of a program or service operated, regulated, fund- 5 ed, or approved by the department of mental hygiene, the office of chil- 6 dren and family services, the office of temporary and disability assist- 7 ance, the department of corrections and community supervision, the state 8 office for the aging, the department of health, or a local governmental 9 unit as such term is defined in article forty-one of the mental hygiene 10 law, or a social services district as defined in section sixty-one of 11 the social services law, provided, however, this subdivision shall not 12 authorize the use of any license authorized pursuant to this article. 13 § 2. Section 7706 of the education law is amended by adding a new 14 subdivision 9 to read as follows: 15 9. Prohibit or limit the activities or services on the part of any 16 person in the employ of a program or service operated, regulated, fund- 17 ed, or approved by the department of mental hygiene, the office of chil- 18 dren and family services, the office of temporary and disability assist- 19 ance, the department of corrections and community supervision, the state 20 office for the aging, the department of health, or a local governmental 21 unit as such term is defined in article forty-one of the mental hygiene 22 law, or a social services district as defined in section sixty-one of 23 the social services law, provided, however, this subdivision shall not EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09765-01-5 
 S. 5133 2 1 authorize the use of any license authorized pursuant to article one 2 hundred sixty-three of this title. 3 § 3. Section 7605 of the education law is amended by adding a new 4 subdivision 14 to read as follows: 5 14. The activities or services on the part of any person in the employ 6 of a program or service operated, regulated, funded, or approved by the 7 department of mental hygiene, the office of children and family 8 services, the office of temporary and disability assistance, the depart- 9 ment of corrections and community supervision, the state office for the 10 aging, the department of health, or a local governmental unit as such 11 term is defined in article forty-one of the mental hygiene law, or a 12 social services district as defined in section sixty-one of the social 13 services law, provided, however, this subdivision shall not authorize 14 the use of any license authorized pursuant to article one hundred 15 sixty-three of this title. 16 § 4. This act shall take effect June 24, 2025 and shall expire January 17 1, 2028 when upon such date the provisions of this act shall be deemed 18 repealed. Effective immediately, the addition, amendment and/or repeal 19 of any rule or regulation necessary for the implementation of this act 20 on or before its effective date are authorized to be made and completed 21 on or before such effective date.