HEADS UP – NYS Board of Regents Mtg. Nov 13-14 –
Diagnostic Privilege on the Agenda

November 11, 2023

Please see the information below and attached.  The NYS Board of Regents recently posted an agenda for its upcoming 11/-13-11/14 meeting and it has included the topic of the Mental Health Practitioners Diagnostic Privilege on the agenda for its’ November 14 Professional Practice meeting.

Proposed Amendment of Section 29.15 of the Rules of the Board of Regents and Sections 79-9.6, 79-10.6, and 79-12.6 of the Regulations of the Commissioner of Education Relating to Mental Health Practitioners’ Diagnostic Privilege on Board of Regent meeting Professional Practice agenda Nov 14th:
November 2023 Meeting | Board of Regentsregents.nysed.gov

If you click on the words “Professional Practice” (blue ink at the top of the box that summarizes the proposal – below), it takes you to a page where you can see the Meeting Items for the Professional Practice Committee agenda.  Next, if you click on the PPC (A) 1 in blue ink in the first agenda item, you can review the document the Committee will be working off of.

9:45 am to 10:20 am Professional PracticeProposed Amendment of Section 29.15 of the Rules of the Board of Regents and Sections 79-9.6, 79-10.6, and 79-12.6 of the Regulations of the Commissioner of Education Relating to Mental Health Practitioners’ Diagnostic Privilege – Department staff will present for discussion a proposed revised amendment to the Commissioner’s Regulations to clarify that an applicant who is licensed in New York prior to June 24, 2024, as a mental health counselor, marriage and family therapist, or psychoanalyst, may meet the experience requirement for the diagnostic privilege by either (1) submitting verification of completion of a supervised experience of at least 2,000 hours of supervised, direct client contact that includes, but is not limited to, diagnosis, psychotherapy and the development of assessment-based treatment plans; or (2) submitting an attestation of at least three years of experience engaged in direct client contact that includes diagnosis, psychotherapy and the development of assessment-based treatment plans. The privilege application and fee must be submitted by June 24, 2024. Additionally, the proposed revised amendment an incorrect reference to experience in section 79-10.6(f) of the Commissioner’s Regulations was corrected to reference section 79-10.3(e), rather than section 79-10.3(d).