Clarification re: Licensing/Scope of Practice Issues

May 26, 2022

This morning, members of the NYS Council were briefed regarding the status of negotiations underway to resolve remaining issues pertaining to licensing and clinical scope of practice issues impacting our workforce.  At the present time, our workforce is covered by an exemption from compliance with the laws, however the sunset of the exemption is set to expire on June 24.

Clarification:  Under Part Y of the Laws of 2018, all currently employed and licensed or permitted Article 163 practitioners (includes LMHCs, LMFTs, Psychoanalysts and LCATs) working in our sector (OMH, OASAS, DOH, OCFS, etc.) are authorized to perform the full scope of practice granted under their license.   Outside of their scope, Part Y authorizes all currently employed Art 163s to diagnose under the supervision of other practitioners including (but not limited to) LCSWs, MDs, RNs, etc.  These privileges are afforded to them as long as they remain continuously employed in one of the sector’s practice settings.  However, in the event of the sunset of the exemption for our workforce on June 24, all new hires would no longer be able to diagnose.

We are continuing to pursue a new law that would allow certain, newly graduated Article 163 practitioners to practice a revised scope of practice that includes diagnosis, and for grandfathered practitioners who want to practice the full scope without supervison, a path do do so after June 24, 2022.