November 30, 2022

On November 13 the NYS Council reported that the NYS Board of Regents was going to take up a proposed repeal of several sections of NYS Education Law,  to be replaced by new or amended language that sets up a new Diagnostic Privilege for certain mental health practitioners.

As promised, please find a Notice of Adoption published in the State Register related to the Mental Health Practitioners’ Diagnostic Privilege.  This was approved by the Board of Regents at their last meeting and is now adopted.

It is our understanding that before practitioners can begin applying for the new Privilege, the State Education Department needs to set up the process and the portal that will be used to receive applications from eligible practitioners.

For your convenience, below please find our previous email sent Sunday, November 13 at 9:21 a.m. (BELOW) for a look at the information we shared earlier this month.

———- Forwarded message ———
From: Lauri Cole <lauri@nyscouncil.org>
Date: Sun, Nov 13, 2022 at 9:21 AM
Subject: MH Professional Diagnostic Regs (incl Diagnostic Privilege) before Regents this week
To:

Good morning,

In June, the NYS Legislature passed and the Governor later signed legislation that creates a new MH Diagnostic Privilege that will give eligible Licensed mental health counselors (LMHCs), licensed marriage and family therapists (LMFTs) and licensed psychoanalysts (LPs) the authority to diagnose.  The NY State Education Department (SED) and the Board of Regents has been working to formalize the regulations pertaining to the new Privilege.  The question of whether to repeal old regulations and enact updated regs that address what was included in the legislation that was enacted, will come before the State Board tomorrow, November 14.  
(from the document linked directly below)

The proposed amendments under consideration of sections 79-9.4, 79-10.4 and 79-12.4 of the Commissioner’s regulations,  implement the provisions of Chapter 230 by: • establishing the requirements for the Department’s issuance of limited diagnostic permits to applicants for the diagnostic privilege in mental health counseling, marriage and family therapy and psychoanalysis; • allowing applicants, with limited diagnostic permits, to practice under a qualified supervisor in an authorized setting, while they gain the required experience for the diagnostic privilege; • authorizing applicants with limited diagnostic permits, who are licensed on or after June 24, 2024, to engage in supervised practice while meeting the additional requirements for the diagnostic privilege; and • changing the titles of sections 79-9.4, 79-10.4 and 79-12.4 from limited permits to limited permits for licensure and limited diagnostic permits. 

Additionally, the proposed amendment implements Chapter 230 by repealing current sections 79-9.6, 79-10.6 and 79-12.6 of the Commissioner’s regulations and adding new sections 79-9.6, 79-10.6 and 79-12.6 which: • establish the requirements to be met by LMHCs, LMFTs or LPs who are completing supervised experience in diagnosis and assessment-based treatment planning under the exemption in Education Law §8410(11); • define the terms “diagnosis,” “assessment-based treatment planning” and “general supervision” of the licensee providing those services; • define an acceptable setting, as defined in sections 79-9.3, 79-10.3 and 79-12.3 of the Commissioner’s regulations, for the practice of mental health counseling, marriage and family therapy and psychoanalysis, respectively; and • define acceptable supervisors of clinical experience in diagnosis and assessment-based treatment planning for LMHCs, LMFTs and LPs, such as licensed clinical social workers, psychologists or psychiatrists or, on or after June 24, 2024, LMHCs, LMFTs or LPs who hold the diagnostic privilege pursuant to Education Law §8401-a. 

MH Professional Diagnostic Regulations (https://www.regents.nysed.gov/common/regents/files/1122ppca1.pdf) are before the State Board Regents this week for adoption.

Click here for the Meeting agenda and link:https://www.regents.nysed.gov/meetings