NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9321
SPONSOR: Berger TITLE OF BILL:
An act to amend the education law, in relation to supervision by certain
marriage and family therapists and mental health counselors
PURPOSE OR GENERAL IDEA OF BILL:
This legislation authorizes qualified licensed marriage and family'
therapists (LMFTs) and licensed mental health counselors (LMHCs) to
cross-supervise applicants in the respective Article 163 professions
when they meet enhanced training and diagnostic-privilege requirements.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends Education Law 8402(3)(c) to permit a
licensed and registered marriage and family therapist to provide post-
master's supervised experience to a mental health counseling applicant,
provided the supervisor:
-has been licensed and registered for at least three years;
-holds the diagnostic privilege under Education Law 8401-a; and
-has completed specified coursework or continuing education in clinical
supervision, professional orientation, and ethics consistent with SED
requirements.
Section 2 of the bill amends Education Law 8403(3)(c) to permit a
licensed and registered mental health counselor to supervise a marriage
and family therapy applicant under identical eligibility standards three
years of licensure, diagnostic privilege, and SED-defined supervision
training.
Section 3 of the bill establishes the effective date.
JUSTIFICATION:
In 2002, New York created the Article 163 professions, which included
mental health counseling and marriage and family therapy, through legis-
lation that formally established licensure, education, and practice
standards for these disciplines. More than twenty years later, these
professions have matured into core components of the State's behavior-
al-health workforce. However, New York continues to face persistent
shortages of qualified supervisors, contributing to longer training
pipelines and, ultimately, reduced access to care across communities.
This bill strengthens the State's behavioral-health workforce by allow-
ing cross-supervision only when a professional has demonstrated
advanced, overlapping competency. Under the bill, an LMFT or LMHC may
supervise across professions only if they have at least three years of
licensure, hold the diagnostic privilege established in Education Law
8401-a, and have completed specialized training in clinical supervision,
ethics, and professional orientation.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.
