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A01132 Summary:

BILL NOA01132D
 
SAME ASSAME AS S00692-D
 
SPONSORRosenthal L (MS)
 
COSPNSRMiller MG, Otis, Skoufis, Stirpe, Cusick, Abinanti, Benedetto, Fahy, Zebrowski, Dickens, Paulin, Bohen, Mikulin
 
MLTSPNSRBraunstein, Buchwald, Galef, Lalor, Lupardo, Mayer, McDonough, Montesano, Skartados
 
Add Art 166-A 8720 - 8727, amd 6507, 6503-a & 7602, Ed L; amd 413, Soc Serv L
 
Provides for the licensure of school psychologists; authorizes the use of the title "school psychologist" to licensed or exempt individuals; defines practice of school psychology; sets forth requirements for professional licensure (including educational attainment, experience, exam and fee); provides for issuance of limited permits under specified circumstances; identifies exempt persons.
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A01132 Actions:

BILL NOA01132D
 
01/10/2017referred to higher education
02/10/2017amend and recommit to higher education
02/10/2017print number 1132a
06/13/2017amend (t) and recommit to higher education
06/13/2017print number 1132b
01/03/2018referred to higher education
01/31/2018amend and recommit to higher education
01/31/2018print number 1132c
06/15/2018amend and recommit to higher education
06/15/2018print number 1132d
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A01132 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1132D
 
SPONSOR: Rosenthal L (MS)
  TITLE OF BILL: An act to amend the education law and the social services law, in relation to the practice of school psychology, and establishing a pilot program of multi-tiered system of support model of substance use prevention and intervention   PURPOSE: This bill provides for licensure of school psychologists and defines the educational and experiential qualifications necessary for licensure and continued practice.   SUMMARY OF SPECIFIC PROVISIONS: Section one is legislative intent. Section two amends the education law by adding a new Article 166-A. Section three amends paragraph (a) of subdivision 3 of section 6507 of the education law, to include licensed school psychologist in require- ment of licensed professionals having mandatory training in the iden- tification and reporting of child abuse and maltreatment. Section four amends section 7602 of the education law to include school psychologists within the State board of psychology. Section five amends paragraph (a) of subdivision I of section 413 of the social services law, to include school psychologists as a mandatory reporters. Section six creates a multi-agency, multi-tiered pilot program aimed at dealing with the heroin and opioid addiction problem in children. Section seven amends subdivision 1 of Section 6503-a of the education law. Section eight is a severability clause. Section nine sets forth the effective date.   JUSTIFICATION: With an increasing heroin epidemic threatening our children we must work to ensure that enough support is available for these students and their parents to seek the help they need, by allowing school psychologists to assist children outside of a traditional setting. Increasing the number of trained individuals who are able to assist students outside of an educational setting will be a positive to the children, parents, school, and society. School psychologists are trained and educated in the psychology of learning, motivation and human development in order to address the many factors influencing the performance of students. These factors may include school diversity, school climate and home/school/community collaboration. By addressing the needs of students through prevention services, assessments and/or counseling, school psychologists can contribute to the future success of students, it is important that school psychologists are held to specific standards and requirements that will ensure competent services for school children and their families. This bill is necessary to provide schools with a frame- work in which they can be assured they are employing licensed school psychologists.   LEGISLATIVE HISTORY: 2015-16: A.420 - Referred to Higher Education; S.6587 - Referred to Higher Education 2013-14: A.3570-B - Referred to Higher Education; S.2923-B - Referred to Higher Education   FISCAL IMPLICATIONS: Positive to the state as it will generate license fees.   EFFECTIVE DATE: This act shall take effect 12 months after it shall have become law.
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A01132 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1132--D
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 10, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  L. ROSENTHAL,  M. G. MILLER,  OTIS, SKOUFIS,
          STIRPE, CUSICK, ABINANTI, BENEDETTO, FAHY, ZEBROWSKI, DICKENS, PAULIN,
          BOHEN, MIKULIN -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, BUCHWALD,
          GALEF, LALOR, LUPARDO, McDONOUGH, MONTESANO -- read once and  referred
          to  the  Committee  on  Higher Education -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  again  reported  from said committee with amendments, ordered
          reprinted as amended and recommitted to said committee --  recommitted
          to  the Committee on Higher Education in accordance with Assembly Rule
          3, sec. 2 -- committee discharged, bill amended, ordered reprinted  as
          amended  and recommitted to said committee -- again reported from said
          committee with amendments, ordered reprinted as amended and  recommit-
          ted to said committee
 
        AN  ACT  to  amend  the  education  law  and the social services law, in
          relation to the practice of  school  psychology,  and  establishing  a
          pilot program of multi-tiered system of support model of substance use
          prevention and intervention
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative intent and findings. The legislature finds that
     2  while significant steps have been taken through legislation to implement
     3  the recommendations of executive and  legislative  task  forces  in  the
     4  joint  effort  to combat the heroin and opioid crises in New York state,
     5  much more must be done  to  identify  risk  factors,  develop  community
     6  response and support strategies and to increase access to treatment.
     7    The  legislature intends to build on the initial aggressive efforts of
     8  the executive and legislative by recognizing the significant role mental
     9  and behavioral health professionals  play  in  identifying  the  warning
    10  signs of heroin and opioid addiction in our children and the maladaptive
    11  behaviors  that  lead  to  early  drug  use  and  ultimately  abuse  and
    12  addiction. The legislature recognizes  that  certified  school  psychol-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04588-15-8

        A. 1132--D                          2
 
     1  ogists  are  uniquely  qualified  to  identify  the  risk and protective
     2  factors, coupled with adverse childhood experiences which constitute the
     3  drug abuse  process.  However,  these  highly  trained  specialists  are
     4  constrained  to  provide  vital services to the school setting only. The
     5  legislature finds that the state's mission to  address  the  heroin  and
     6  opioid  crises  in  the  state will be advanced through the licensure of
     7  school psychologists and the meaningful  involvement  of  these  trained
     8  practitioners in the development of a school and community based strate-
     9  gy of response and support.
    10    §  2.  The  education  law is amended by adding a new article 166-A to
    11  read as follows:
    12                                ARTICLE 166-A
    13                              SCHOOL PSYCHOLOGY
    14  Section 8720. Introduction.
    15          8721. Practice of school psychology and use of the title "school
    16                  psychologist".
    17          8722. Definition of the practice of school psychology.
    18          8723. Requirements for a professional license.
    19          8724. Boundaries of professional competency.
    20          8725. Limited permits.
    21          8726. Exemptions.
    22          8727. Special provisions.
    23    § 8720. Introduction. This article applies to the profession and prac-
    24  tice of school  psychology and to the use of the title "licensed  school
    25  psychologist".   The general provisions for all professions contained in
    26  article one hundred thirty of this title apply to this article.
    27    § 8721. Practice of school psychology and use  of  the  title  "school
    28  psychologist".    Only  a  person  licensed or exempt under this article
    29  shall practice school psychology  or  use  the  title  "licensed  school
    30  psychologist".
    31    §  8722. Definition of the practice of school psychology. The practice
    32  of school psychology is:
    33    1. the assessment,  including  psycho-educational,  developmental  and
    34  vocational    assessment, evaluation and interpretation of intelligence,
    35  cognitive  processes,  aptitudes,    interests,  academic   achievement,
    36  adjustment,  personality  factors  and  motivations, or any other attri-
    37  butes, to individuals or groups of individuals aged birth to twenty-five
    38  years that relate to learning, education or adjustment needs;
    39    2.  the  development  and  implementation   of   educationally-related
    40  psychotherapeutic  and  behavioral approaches to increase school adjust-
    41  ment and academic  success,  counseling  and  interpretive  services  to
    42  reduce  education-related problems including, but not limited to, verbal
    43  interaction, interviewing, behavior techniques, developmental and  voca-
    44  tional intervention, environmental management and group processes;
    45    3.  consultation  with representatives of schools, agencies and organ-
    46  izations, families or individuals, including psycho-educational,  devel-
    47  opmental  and  vocational    assistance  or direct educational services,
    48  related to learning problems and adjustments to those  problems  to  the
    49  benefit  of  an  individual or group of individuals age birth to twenty-
    50  five years; and
    51    4. the development of programming, including  designing,  implementing
    52  or  evaluating educationally and psychologically sound learning environ-
    53  ments and the facilitation of psycho-educational development of individ-
    54  uals, families or groups.

        A. 1132--D                          3
 
     1    § 8723.  Requirements for a professional license.  To  qualify  for  a
     2  license  as  a  licensed school psychologist, an applicant shall fulfill
     3  the following requirements:
     4    1. Application: File an application with the department;
     5    2.  Education:  Complete a minimum of sixty graduate semester hours in
     6  psychology credits including a master's degree and fulfill the  require-
     7  ments  of an advanced certificate in school psychology or its equivalent
     8  or doctoral degree in school psychology from a program registered by the
     9  department, or determined by the department to be the substantial equiv-
    10  alent in accordance with the commissioner's regulations.   The  graduate
    11  coursework shall include, but not be limited to, the following areas:
    12    (i) biological, social and cultural bases of development;
    13    (ii) psychopathology and exceptionality in learning and behavior;
    14    (iii)  assessment  and  appraisal  of  learners  in  home  and  school
    15  contexts;
    16    (iv) consultation and collaboration in family,  school  and  community
    17  systems;
    18    (v)  effective  instruction  and development of cognitive and academic
    19  skills;
    20    (vi) prevention and treatment of behavioral  and  emotional  disorders
    21  and deficits;
    22    (vii) school organization, curriculum, policy and law;
    23    (viii) research and program evaluation;
    24    (ix) profession and ethical practice of psychology in schools; and
    25    (x)  completion  of  a  twelve  hundred  hour supervised internship in
    26  school psychology, with no less than six hundred hours completed  within
    27  a school setting.
    28    3.  Experience:  Complete a minimum of two thousand four hundred hours
    29  of post-master's supervised  experience  relevant  to  the  practice  of
    30  school  psychology  satisfactory to the board and in accordance with the
    31  commissioner's regulations, such supervised experience which may include
    32  one thousand two hundred hours completed as part of a program in  school
    33  psychology.  Satisfactory  experience  obtained  in  an entity operating
    34  under a waiver issued by the department pursuant to  section  sixty-five
    35  hundred  three-a  of  this  title  may  be  accepted  by the department,
    36  notwithstanding that such experience may have been obtained prior to the
    37  effective date of such section sixty-five hundred three-a  and/or  prior
    38  to  the  entity  having  obtained a waiver. The department may, for good
    39  cause shown, accept satisfactory  experience  that  was  obtained  in  a
    40  setting  that  would  have  been eligible for a waiver but which has not
    41  obtained a waiver from the department or experience that was obtained in
    42  good faith by the applicant under the belief that  appropriate  authori-
    43  zation  had been obtained for the experience, provided that such experi-
    44  ence meets all other requirements for acceptable experience;
    45    4. Examination: Pass an examination satisfactory to the board  and  in
    46  accordance with the commissioner's regulations;
    47    5. Age: Be at least twenty-one years of age;
    48    6.  Character: Be of good moral character as determined by the depart-
    49  ment; and
    50    7. Fees: Pay a fee of one hundred seventy-five dollars to the  depart-
    51  ment  for  admission  to  a  department conducted examination and for an
    52  initial license and a fee of one hundred seventy dollars for each trien-
    53  nial registration period.
    54    § 8724. Boundaries of professional competency. 1.  It shall be  deemed
    55  practicing  outside the boundaries of his or her professional competence
    56  for a person licensed pursuant to this article, in the case of treatment

        A. 1132--D                          4
 
     1  of any serious mental illness, to provide   any mental  health  services
     2  for  such illness on a continuous and sustained basis without a  medical
     3  evaluation of the illness by, and consultation with, a physician regard-
     4  ing such  illness.  Such medical evaluation and consultation shall be to
     5  determine  and  advise  whether  any  medical care is indicated for such
     6  illness. For purposes of this section,  "serious mental  illness"  means
     7  schizophrenia,   schizoaffective  disorder,  bipolar  disorder,    major
     8  depressive disorder, panic disorder and  obsessive-compulsive  disorder.
     9  Nothing  in  this section shall be construed to prevent, limit or impair
    10  consultation with any other health or mental health professional.  Noth-
    11  ing herein contained shall limit, modify, restrict or  otherwise  affect
    12  the  definition  of  the  practice  of  school psychology as provided in
    13  section eighty-seven hundred twenty-two of this article.
    14    2. Any individual whose license or authority to practice derives  from
    15  the provisions of this article shall be prohibited from:
    16    (a) prescribing or administering drugs as defined in this chapter as a
    17  treatment,  therapy,  or  professional service in the practice of his or
    18  her profession; or
    19    (b) using invasive procedures as a treatment, therapy, or professional
    20  service in the practice of his or her profession. For purposes  of  this
    21  subdivision,  "invasive  procedure"  means  any procedure in which human
    22  tissue is cut, altered, or otherwise infiltrated by mechanical or  other
    23  means.  Invasive procedure includes surgery, lasers, ionizing radiation,
    24  therapeutic ultrasound, or electroconvulsive therapy; or
    25    (c)  engaging  in  dual  setting  practice,  or  otherwise offering or
    26  providing private practice services to a student of a school or  special
    27  education  program where the practitioner is currently employed or under
    28  contract with such school or program.
    29    3. Nothing in this article shall be  deemed  to  authorize,  grant  or
    30  extend hospital privileges to individuals licensed under this article.
    31    § 8725. Limited permits.  1. The department may issue a limited permit
    32  to an applicant whose qualifications have been approved for admission to
    33  the examination in accordance with regulations promulgated therefor.
    34    2.  Limited  permits  shall  be  for  one  year and be renewed, at the
    35  discretion of the department, for one additional year.
    36    3. The fee for each limited permit  and  for  each  renewal  shall  be
    37  seventy dollars.
    38    §  8726.  Exemptions.  Nothing  contained  in  this  article  shall be
    39  construed to:
    40    1. apply to the practice, conduct, activities, services or use of  any
    41  title  by  any person licensed or otherwise authorized to practice medi-
    42  cine within the state pursuant to article one hundred thirty-one of this
    43  title or by any person registered to perform  services  as  a  physician
    44  assistant  within the state pursuant to article one hundred thirty-one-B
    45  of this title or by any person licensed or otherwise authorized to prac-
    46  tice psychology within  this  state  pursuant  to  article  one  hundred
    47  fifty-three of this title or by any person licensed or otherwise author-
    48  ized  to practice as a licensed clinical social worker within this state
    49  pursuant to article one hundred fifty-four of  this  title,  or  by  any
    50  person  licensed or otherwise authorized to practice nursing as a regis-
    51  tered professional nurse within this state  pursuant    to  article  one
    52  hundred  thirty-nine  of this title, or by any person licensed or other-
    53  wise authorized to practice mental health counseling, marriage and fami-
    54  ly therapy, creative  arts therapy, or psychoanalysis within the  state,
    55  or  by  any  person licensed or otherwise authorized to practice applied
    56  behavior analysis within the state pursuant to this  article;  provided,

        A. 1132--D                          5
 
     1  however,  that  no  physician, physician's assistant, registered profes-
     2  sional nurse, psychologist, licensed clinical  social  worker,  licensed
     3  mental   health  counselor,  licensed  marriage  and  family  therapist,
     4  licensed  creative  arts  therapist,  licensed psychoanalyst or licensed
     5  applied behavior analyst may use the title unless  licensed  under  this
     6  article;
     7    2. prohibit or limit any individual who is credentialed under any law,
     8  including  attorneys, rape crisis counselors, certified alcoholism coun-
     9  selors and certified substance abuse counselors  from  providing  mental
    10  health services within their respective established authorities;
    11    3.  prohibit  or limit the  practice of a profession licensed pursuant
    12  to this article by a student, intern or resident in, and as a part of, a
    13  supervised educational program in an institution approved by the depart-
    14  ment;
    15    4. prohibit or limit the provision of pastoral counseling services  by
    16  any  member  of the clergy or Christian Science practitioner, within the
    17  context of his or her ministerial  charge or obligation;
    18    5. prohibit or limit individuals, churches, schools, teachers,  organ-
    19  izations,  or  not-for-profit  businesses,  from  providing instruction,
    20  advice, support, encouragement, or information to individuals, families,
    21  and relational groups;
    22    6. prohibit or limit an occupational therapist  from  performing  work
    23  consistent with article one hundred fifty-six of this title; or
    24    7.  affect  or  prevent  the  activities  or services on the part of a
    25  person in the employ of a federal, state, county, or  municipal  agency,
    26  other  political  subdivision,  or  a  chartered elementary or secondary
    27  school or degree-granting educational institution insofar as such activ-
    28  ities and services are a part of the duties of  such  person's  salaried
    29  position.
    30    §  8727.  Special  provisions.  1. Any nonexempt person practicing the
    31  profession of school psychology  shall  apply  for  a  license  of  such
    32  profession within one year of the effective date of this section.
    33    (a) If such person does not meet the requirements for a license estab-
    34  lished  within  this  article, such person may meet alternative criteria
    35  determined by the department to be the substantial  equivalent  of  such
    36  criteria.
    37    (b)  If  such  person meets the requirements for a license established
    38  within this  article, except for examination, and has been certified  or
    39  registered  by  a national certifying or registering body having certif-
    40  ication or registration standards acceptable to   the commissioner,  the
    41  department shall license without examination.
    42    2.  Notwithstanding  the  requirements of section eighty-seven hundred
    43  twenty-three of this article, and for a period of time not to exceed two
    44  years from the effective date of this  article,  an  individual  may  be
    45  licensed as a school psychologist provided such person has either:
    46    (a) met the educational requirements as defined in section eighty-sev-
    47  en  hundred  twenty-three  of this article and performed the duties of a
    48  school psychologist as authorized by article one hundred fifty-three  of
    49  this  chapter  or  any  other provision of law, for two of the past five
    50  years prior to the effective date of this article; or
    51    (b) performed the duties of a school  psychologist  as  authorized  by
    52  article  one  hundred fifty-three of this chapter or any other provision
    53  of law, for at least five years prior to  the  effective  date  of  this
    54  article.
    55    3. Any person licensed pursuant to this article may use accepted codes
    56  and  classifications  of signs, symptoms, dysfunctions and disorders, as

        A. 1132--D                          6
 
     1  approved in accordance with regulations  promulgated by the  department,
     2  in the practice of such licensed profession.
     3    4.  Nothing in this article shall be deemed to alter, modify or affect
     4  the provisions of section three thousand twelve or  twenty-five  hundred
     5  ten  of  this  chapter or otherwise affect the certification of a school
     6  psychologist.
     7    § 3. Paragraph a of subdivision 3 of section  6507  of  the  education
     8  law,  as  amended by chapter 554 of the laws of 2013, is amended to read
     9  as follows:
    10    a. Establish standards for preprofessional and professional education,
    11  experience and licensing examinations as required to implement the arti-
    12  cle for each profession. Notwithstanding any other provision of law, the
    13  commissioner shall establish standards requiring that all persons apply-
    14  ing, on or after January first, nineteen hundred ninety-one,  initially,
    15  or for the renewal of, a license, registration or limited permit to be a
    16  physician,  chiropractor, dentist, registered nurse, podiatrist, optome-
    17  trist,  psychiatrist,  psychologist,   licensed   school   psychologist,
    18  licensed master social worker, licensed clinical social worker, licensed
    19  creative   arts  therapist,  licensed  marriage  and  family  therapist,
    20  licensed mental health counselor, licensed psychoanalyst, dental hygien-
    21  ist, licensed behavior analyst, or certified behavior analyst  assistant
    22  shall,  in  addition to all the other licensure, certification or permit
    23  requirements, have completed two hours of coursework or training regard-
    24  ing the identification and reporting of child  abuse  and  maltreatment.
    25  The  coursework  or  training  shall  be obtained from an institution or
    26  provider which has been approved  by  the  department  to  provide  such
    27  coursework  or training. The coursework or training shall include infor-
    28  mation regarding the physical and behavioral indicators of  child  abuse
    29  and  maltreatment  and  the  statutory reporting requirements set out in
    30  sections four hundred thirteen through four hundred twenty of the social
    31  services law, including but not limited to, when and how a  report  must
    32  be  made,  what  other actions the reporter is mandated or authorized to
    33  take, the legal protections afforded reporters, and the consequences for
    34  failing to report. Such coursework or training may also include informa-
    35  tion regarding the physical and behavioral indicators of  the  abuse  of
    36  individuals  with [mental retardation and other] developmental disabili-
    37  ties and voluntary reporting of abused or neglected adults to the office
    38  [of mental retardation and] for people with  developmental  disabilities
    39  or  the  local  adult  protective  services  unit.  Each applicant shall
    40  provide the department with documentation showing that  he  or  she  has
    41  completed  the  required  training.  The  department  shall  provide  an
    42  exemption from the child abuse and maltreatment training requirements to
    43  any applicant who requests such an  exemption  and  who  shows,  to  the
    44  department's  satisfaction,  that  there would be no need because of the
    45  nature of his or her practice for him or her to complete such training;
    46    § 4. Section 7602 of the education law, as added by chapter 987 of the
    47  laws of 1971, is amended to read as follows:
    48    § 7602. State board for psychology.   A  state  board  for  psychology
    49  shall  be  appointed  by  the  board of regents on recommendation of the
    50  commissioner for the purpose of assisting the board of regents  and  the
    51  department on matters of professional licensing and professional conduct
    52  in  accordance with section sixty-five hundred eight of this title.  The
    53  board shall be composed of not less than eleven [psychologists  licensed
    54  in  this  state]  members,  a  number  of  whom shall be licensed school
    55  psychologists sufficient to assure  meaningful  participation  in  board
    56  activities.    An executive secretary to the board shall be appointed by

        A. 1132--D                          7
 
     1  the board of regents upon the recommendation  of  the  commissioner  and
     2  shall be a psychologist, licensed in this state.
     3    §  5.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
     4  services law, as amended by section 7 of part C of  chapter  57  of  the
     5  laws of 2018, is amended to read as follows:
     6    (a)  The  following  persons  and  officials are required to report or
     7  cause a report to be made in accordance with this title when  they  have
     8  reasonable  cause  to  suspect  that a child coming before them in their
     9  professional or official capacity is an abused or maltreated  child,  or
    10  when  they have reasonable cause to suspect that a child is an abused or
    11  maltreated child where the parent, guardian, custodian or  other  person
    12  legally  responsible  for  such child comes before them in their profes-
    13  sional or official capacity and states from  personal  knowledge  facts,
    14  conditions or circumstances which, if correct, would render the child an
    15  abused  or maltreated child: any physician; registered physician assist-
    16  ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
    17  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
    18  psychologist; licensed school  psychologist;  registered  nurse;  social
    19  worker;  emergency medical technician; licensed creative arts therapist;
    20  licensed marriage and family therapist; licensed mental  health  counse-
    21  lor; licensed psychoanalyst; licensed behavior analyst; certified behav-
    22  ior  analyst  assistant;  hospital  personnel  engaged in the admission,
    23  examination, care or treatment of persons; a Christian  Science  practi-
    24  tioner;  school  official,  which  includes but is not limited to school
    25  teacher, school guidance counselor, school psychologist,  school  social
    26  worker,  school  nurse,  school  administrator or other school personnel
    27  required to hold a teaching or administrative  license  or  certificate;
    28  full  or part-time compensated school employee required to hold a tempo-
    29  rary coaching  license  or  professional  coaching  certificate;  social
    30  services  worker;  employee  of  a publicly-funded emergency shelter for
    31  families with children; director of a children's overnight camp,  summer
    32  day  camp  or  traveling  summer  day camp, as such camps are defined in
    33  section thirteen hundred ninety-two of the public health law;  day  care
    34  center worker; school-age child care worker; provider of family or group
    35  family  day  care;  employee or volunteer in a residential care facility
    36  for children that is licensed, certified or operated by  the  office  of
    37  children  and  family  services;  or any other child care or foster care
    38  worker; mental health professional; substance abuse counselor;  alcohol-
    39  ism  counselor; all persons credentialed by the office of alcoholism and
    40  substance abuse services; employees, who are expected  to  have  regular
    41  and  substantial  contact with children, of a health home or health home
    42  care management agency contracting with a health home as  designated  by
    43  the  department  of  health  and  authorized under section three hundred
    44  sixty-five-l of this chapter or such  employees  who  provide  home  and
    45  community  based  services  under  a  demonstration  program pursuant to
    46  section eleven hundred fifteen of the federal social  security  act  who
    47  are  expected  to  have  regular  and substantial contact with children;
    48  peace officer; police officer; district attorney or  assistant  district
    49  attorney; investigator employed in the office of a district attorney; or
    50  other law enforcement official.
    51    §  6.  The  education  department,  the  office of children and family
    52  services, the office of mental health and the office of  alcoholism  and
    53  substance abuse services are hereby directed to establish a multi-tiered
    54  system  of  support  (MTSS) model of substance use prevention and inter-
    55  vention utilizing tiered  levels  of  primary  prevention  services  and
    56  secondary  and tertiary intervention services and to pilot such model in

        A. 1132--D                          8
 
     1  communities with occurrences of heroin and opioid addiction in  children
     2  under  the  age  of  twenty-five  in New York state. Such model shall be
     3  designed with the meaningful  participation  of  mental  and  behavioral
     4  health  practitioners  whose  training  focuses on the needs of children
     5  under the age of twenty-five  including,  but  not  limited  to,  school
     6  psychologists,  such practitioners being uniquely qualified to implement
     7  the model to the fullest extent possible. Such pilot shall  be  designed
     8  for implementation by September 1, 2019.
     9    §  7.  Subparagraph  (i)  of  paragraph  a of subdivision 1 of section
    10  6503-a of the education law, as amended by chapter 554 of  the  laws  of
    11  2013, is amended to read as follows:
    12    (i)  services  provided  under  article  one  hundred  fifty-four, one
    13  hundred sixty-three [or], one hundred sixty-seven or one hundred  sixty-
    14  six-A of this title for which licensure would be required, or
    15    § 8. Severability. If any clause, sentence, paragraph, section or part
    16  of  this act shall be adjudged by any court of competent jurisdiction to
    17  be invalid, the judgment shall not affect,  impair,  or  invalidate  the
    18  remainder thereof, but shall be confined in its operation to the clause,
    19  sentence,  paragraph,  section  or part thereof directly involved in the
    20  controversy in which the judgment shall have been rendered.
    21    § 9. This act shall take effect twelve  months  after  it  shall  have
    22  become  a law; provided, however, that effective immediately the depart-
    23  ment of education is authorized to promulgate  any  and  all  rules  and
    24  regulations  and  take any other measure necessary to implement this act
    25  on or before its effective date, including,  but  not  limited  to,  the
    26  appointment  of the state board for psychology, the acceptance and proc-
    27  essing of applications for licensure and the issuance of  licenses;  and
    28  provided, further, that the provisions of article 166-A of the education
    29  law, as added by section two of this act, requiring a license or limited
    30  permit  to practice under such article shall not be enforced until twen-
    31  ty-four months after the effective date of this act.
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