Since the age of the professional license of Mental Health Counselor inclusive to LMHCs, LMFTs, and Psychoanalysis &(LCATS left out); our Diagnostic privileges have been never set correctly. We've been fundamentally missing the specific & direct language recognized by all insurance companies including federal health mandates of Medicare / Medicare stating that our professional can diagnose. Stilting hiring professionals in clinics and employment experiences with an ceiling, placing folks in a precarious situation.  This lacking has significantly impacted Mental Health Counselor being able to effectively serve folks, and patients to gain services in an accessible way. Originally the language was using any type of synonym in the context of diagnose. Resulting of this anyone that held an LMHC/ LMFT/ Psychoanalysis professional license with the decree experience and education on how to diagnose would not be recognized and have the authority by law -- they can actually do just that. 

Per Mental Health Practitioners’ Diagnosis Privilege I.D. No. EDU-30-22-00010-EP Filing No. 537 Filing Date: 2022-07-12 Effective Date: 2022-07-12 PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action: Proposed Action: Repeal of sections 79-9.6, 79-10.6, 79-12.6; addition of new sections 79-9.6, 79-10.6, 79-12.6; amendment of sections 79-9.4, 79- 10.4, 79-12.4 of Title 8 NYCRR. Statutory authority: Education Law, sections 207, 6504, 6507, 8401, 8401-a, 8402, 8403, 8405, 8409, 8410; L. 2022, ch. 230: 

 

OPS and NYSED are crafting these regulatory provisions 

Newly there's a new provisions stating LMHC/ LMFT/ Psychoanalysis can diagnose however the access to gain this NYSED & Office of Professions & Professional Practice Committee is ever more restrictive and costly by:

 

<https://dos.ny.gov/system/files/documents/2023/03/march-29-2023-vol.-xlv-issue-13.pdf>

<https://dos.ny.gov/system/files/documents/2022/07/072722.pdf

https://www.regents.nysed.gov/common/regents/files/722ppca1.pdf

NY State Senate Bill S9449 (nysenate.gov)

NY State Senate Bill S3221 (nysenate.gov)

<http://www.op.nysed.gov/news/home.html#diagpri> 

A) Increase of direct hours as a limited permit where 3,000 total, 2,000 must be direct (previously was 1,500 direct and 1,500 indirect: (S5301B: “An applicant shall complete a minimum of three thousand hours of post-master's supervised experience relevant to the practice of mental health counseling, two thousand hours of which shall  include diagnosis, psychotherapy, and assessment-based treatment plans) 

B) Increase of limited permit to 3 years (changed from 2 years): (o   S53321: “11. Subdivision 2 of section 8409 of the education law, as amended by chapter 485 of the laws of 2013, is amended to read as follows: 2. Limited permits shall be for [two] three years; such limited permits may be renewed, at the discretion of the department, for up to  two additional one year periods.”) 

C) Creation of two separate licenses for the license to be an mental health counselor, and diagnosis privilege. For the license of the diagnosis privilege will require folks to gain additional experience and longer time to be fully licensed – with separate fees to gain and maintain the privileged - OUT EVERY 3 YEARS WE MUST PAY A SEPARATE FEE ($175+ $175/3 years) to use our DIAGNOSTIC PRIVILEGES. To Gain such separate license, we  MUST HAVE “AUTHORIZED EXPERIENCES” THAT ARE BEYOND WHAT IT'S NEEDED TO GAIN THE initial professional LICENSURE ITSELF. : (and will constitute unprofessional conduct for a LMHC, LMFT or LP to engage in diagnosis and/or the development of assessment-based treatment plans without a diagnostic privilege. ) 

D) Changes to who is authorized as supervisors for clinical experience (2. Section 79-9.6 of the Regulations of the Commissioner of Education is REPEALED and a new section 79-9.6 is added to read as follows: (79-9.6 Diagnostic privilege: …(b) General provisions. As authorized by subdivision (11) of section 8410 of the Education Law, effective June 24, 2022, a mental health counselor licensed and registered pursuant to Article 163 of the Education Law, may engage in diagnosis and the development of assessment-based treatment plans in accordance with the provisions of this section...(2) The supervisor shall be authorized to diagnose, provide psychotherapy and assessment-based treatment plans and shall be licensed and registered in New York State to practice as:(i) a licensed clinical social worker licensed under Article 154 of the Education Law or the equivalent, as determined by the department; or(ii) a psychologist licensed under Article 153 of the Education Law who was educated and trained in psychotherapy through the completion of a program in psychology registered pursuant to Part 52 of this Title or a program in psychology accredited by the American Psychological Association; or(iii) a physician licensed under Article 131 of the Education Law who, at the time of the supervision of the applicant, was a diplomate in psychiatry of the American Board of Psychiatry and Neurology, Inc. or had the equivalent training and experience as determined by the department; or(iv) after June 24, 2022, a mental health counselor licensed and registered under Article 163 of the Education Law who holds the diagnostic privilege authorized under section 8401-a of the Education Law or the equivalent, as determined by the department. )

These provisions include that any experience beyond in a traditional clinic will not be accepted including the supervisor cannot be an LMHC / LMFT corresponding  at this rate professionals who've been in the trade for more than 5 years who have gained a lot of their experiences out of the traditional clinic would not be eligible to gain the privilege. 

This will impact folks significantly there will be long standing providers who won't be able to be eligible to even gain the privilege itself more disheartening is the division of OPS/NYSED has set out consequences if there are folks that do diagnostic privileges without the decree and acknowledge nation of OPS/NYSED they will lose their license. 

Diagnosis is a powerful tool. it's to gain people protection in employment, education, ADA services, treatment, intervention, support services,  assistive disability services, authenticate a person's distress and to demonstrate medical necessities.

Who's involved? All impacted by Mental Health. Not only the professional that have the license or pursuing the license but anyone that is touched by their work this includes: patients, current patients, patients needing assistive services, referral services, treatment providers, education institutions and vitality of the professional.  

What is different social workers have the ability to diagnose there is no missing language, there is no additional fee for their diagnostic privileges. There is no additional clinical experience needed under limiting authorized designations.

We are striving for equity. 

We hope with your support and voting about this matter we will be writing a demand letter to both the division of professional services, the associated councilman members, and bring this awareness to our leaders of the state. 

Below we'll be citing now a few bullet points and actions that were hoping to do with your support. 

[ I.D. No. EDU-30-22-00010-EP, Filing No. 537, Filing Date: 2022-07-12 | The proposed amendments to sections 79-9.4, 79-10.4 and 79-12.4 of the Commissioner’s regulations establish the requirements for a limited permit for licensure and a limited diagnostic permit in mental health counseling, marriage and family therapy and psychoanalysis, respectively Pursuant to sections 207, 6504, 6507, 8401, 8402, 8403, 8405, 8409, 8410 of the Education Law and Chapter 230 of the Laws of 2022]

> Remove the provision [I.D. No. EDU-30-22-00010-EP, Filing No. 537, Filing Date: 2022-07-12 | The proposed amendments to sections 79-9.4, 79-10.4 and 79-12.4 of the Commissioner’s regulations establish the requirements for a limited permit for licensure and a limited diagnostic permit in mental health counseling, marriage and family therapy and psychoanalysis, respectively Pursuant to sections 207, 6504, 6507, 8401, 8402, 8403, 8405, 8409, 8410 of the Education Law and Chapter 230 of the Laws of 2022]  of creating a whole separate limited permit – to -license to use diagnostic privileges and to authenticate & authorize (that the very nature) to have this privilege is already tested examined and evaluated as being a mental health provider.

>If there are affirmative ruling on the diagnostic privileges set for the Office of Professions of NYS these privileges should not be inclusive to just an LMHC/ LMFT/ Psychoanalysis profession; it should be across all lateral professionals including LMSWs/ LCSWs /LSCWs. Including the fee and clinical experience requirements who already are authorized to diagnosed.

>We are asking to gain diagnostic privileges with barrier-free pathways, one time fee that gains the recognition of having the diagnostic authority and ensure the experience requirements do not go more than what is needed to gain the New York state mental health counseling licensure. No separate license for diagnostic privileges and no additional training/experiences.

>To remove the additional extensive clinical requirement that your clinical experience needs to come from an authorized site beyond what was needed to gain the New York state mental health counseling licensure itself.

>Otherwise to expand the clinical requirement to be congruent to what is needed to gain the New York State license and removing the specific language as authorized clinical site.

The state & its advocates need to focus on setting a standard & NOT make more hurdles.

 

If you have more time: Let Sarah S. Benson, Deputy Commissioner
NYS Education Department/Office of the Professions
89 Washington Avenue, 2nd Floor EB, West Wing
Albany, NY 12234 -  REGCOMMENTS@nysed.gov , (518) 486-1765