Clinical Scope of Practice

July 13, 2022

The NYS Board of Regents is responsible for oversight of the State Education Department (SED).  As such, the Regents needs to repeal old regs and adopt the changes that were incorporated into the Clinical Scope of Practice legislation that was signed by the Governor several weeks ago.  As you know, SED has its’ own regulations and guidance pertaining to the scope of practice of various professions.  The changes that were enacted as part of the legislation passed last month must be incorporated into SED regs and guidance.

I have attached a document sent to the Regents Professional Practice Committee that: 1) summarizes the question that was called at the Board meeting on Monday to repeal old regulations pertaining to the practice of certain professions, and 2) includes proposed emergency regs that will be published in an upcoming NYS Register publication with a 60 day comment period.


At its July meeting on Monday the Board of Regents adopted an emergency regulation that will give licensed mental health counselors, licensed marriage and family therapists and licensed psychoanalysts the authority to diagnose patients. The amendment is in response to a law signed by Hochul in June that expands diagnostic privilege.

“The Legislature determined that there was a need to increase the number of licensed mental health professionals authorized to diagnose in order to address critical workforce shortages and ensure that programs and services providing addiction and mental health services to children, adults and communities have the appropriated staff to provide comprehensive services, including diagnosis,” the amendment read.

The amendments and additions change requirements for diagnostic privilege, and allow applicants with limited permits to practice under supervision while gaining experience. The ruling goes into effect Tuesday and will require an additional vote in November to become a permanent rule in education law. – Katelyn Cordero