July 14, 2022

Yesterday, we sent a communication to members that explained what is happening with the Board of Regents and the State Education Department relative to the recently enacted Clinical Scope of Practice legislation and the necessity for SED to update its’ own regulations and guidance.  We included an attachment with the regulatory changes SED intends to propose in an upcoming NYS Register Notice.  The changes are consistent with our understanding of the legislation that passed last month.

We suggest you review the proposed regulations from SED (attached) to enhance your understanding of the scope of practice changes in the legislation, and specifically how SED envisions implementation of the main elements of the legislation that passed last month.

Remember:  SED focuses on scope of practice issues pertaining to the various practitioner types it licenses (and in this case) this includes LMHCs, LMFTs, Psychoanalysts and limited permit holders.  The O agencies (OASAS and OMH) are responsible for oversight of the Programs and Services they regulate.