November 15, 2022

Over the weekend, we sent all NYS Council members information regarding the next meeting (11/14) of the NYS Board of Regents. The Regents agenda included a vote on whether to repeal certain statutory language and add new language that follows the newly enacted Scope of Practice legislation signed by the Governor in June.  The legislation included a discussion of a new certification required for certain mental health practitioners who want to perform the task of diagnosis independently.  The new certification is called the Diagnostic Privilege.  LMHCs, LMFTs and Psychoanalysts will be eligible to apply for the Privilege once the state is ready to implement the certification process.  

The information we sent you on Saturday includes a document (attached) that includes a section (“Appendix B”, starting on page 21) where public comments received by SED re: the Diagnostic Privilege are summarized and the Department responds to the comments.  The information in ‘Appendix B” may help clarify some outstanding questions your agency has regarding licensing and the new Privilege.

Remember:  SED will only respond to comments and questions related to licensing and the professions.  It’s up to OMH and OASAS to answer questions related to how this impacts the programs they regulate, based on existing regulations and guidance.  The NYS Council will continue to press state leaders to get together and respond to provider questions with one voice.

We are here to help.  I’m at 518 461-8200.