NYS Senate Bill: S6092-B DEFRANCISCO Same as A 967-C Kellner (MS)

S6092-B  DEFRANCISCO   Same as A 967-C  Kellner (MS)
Education Law
TITLE….Provides for the licensure of rehabilitation counselors by the department of education

01/13/12 PRINT NUMBER 6092A
03/23/12 PRINT NUMBER 6092B


Add Art 152 SS7550 – 7559, Ed L
Provides for the licensure of rehabilitation counselors who treat emotional, cognitive and other disorders, by the department of education; provides for the establishment of a state board therefor; exempts certain persons.






                                     January 4, 2012

        Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
          when printed to be committed to the Committee on Higher  Education  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- committee discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the education law, in relation to requiring licensing of
          rehabilitation counselors

          The People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The education law is amended by adding a new article 152 to
     2  read as follows:
     3                                 ARTICLE 152
     4                          REHABILITATION COUNSELING
     5  Section 7550. Introduction.
     6          7551. Definition of the practice of "rehabilitation counseling".
     7          7552. Practice of rehabilitation counseling and use of the
     8                  titles "rehabilitation counselor" and "licensed rehabil-
     9                  itation counselor".
    10          7553. State board for rehabilitation counseling.
    11          7554. Requirements for a professional license.
    12          7555. Limited permits.
    13          7556. Exempt persons.
    14          7557. Special provisions.
    15          7558. Mandatory continuing education.
    16          7559. Separability.
    17    § 7550. Introduction. This article applies to the profession of reha-
    18  bilitation counseling. The general provisions for all professions
    19  contained in article one hundred thirty of this title shall apply to
    20  this article.
    21    § 7551. Definition of the practice of "rehabilitation counseling". The
    22  practice of the profession of rehabilitation counseling is defined as a
    23  systematic process which assists persons with physical, mental, develop-
    24  mental, cognitive, and emotional disabilities to achieve their personal,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.


        S. 6092--B                          2

     1  career, and independent living goals in the most integrated setting
     2  possible through the application of the counseling process. The coun-
     3  seling process involves communication, goal setting, and beneficial
     4  growth or change through self-advocacy, psychological, vocational,
     5  social, and behavioral interventions. The specific techniques and modal-
     6  ities utilized within this rehabilitation counseling process may
     7  include, but are not limited to:
     8    1. assessment and appraisal;
     9    2. diagnosis and treatment planning;
    10    3. career (vocational) counseling;
    11    4. individual and group counseling treatment interventions focused on
    12  facilitating adjustments to the medical and psychosocial impact of disa-
    13  bility;
    14    5. case management, referral, and service coordination;
    15    6. program evaluation and research;
    16    7. interventions to remove environmental, employment, and attitudinal
    17  barriers;
    18    8. consultation services among multiple parties and regulatory
    19  systems;
    20    9. job analysis, job development, and placement services, including
    21  assistance with employment and job accommodations;
    22    10. the provision of consultation about and access to rehabilitation
    23  technology.
    24    § 7552. Practice of rehabilitation counseling and use of the titles
    25  "rehabilitation counselor" and "licensed rehabilitation counselor". Only
    26  a person licensed or exempt under this article shall practice rehabili-
    27  tation counseling or use the title "rehabilitation counselor". Only a
    28  person licensed under this article shall use the title "licensed reha-
    29  bilitation counselor" or any other designation tending to imply that the
    30  person is licensed to practice rehabilitation counseling.
    31    § 7553. State board for rehabilitation counseling. 1. A state board
    32  for rehabilitation counseling shall be appointed by the board of regents
    33  on recommendation of the commissioner for the purpose of assisting the
    34  board of regents and the department on matters of licensing and regu-
    35  lation. The board shall be composed of at least three rehabilitation
    36  counselors licensed pursuant to this article and at least one public
    37  representative who does not hold interests in the organization, financ-
    38  ing, or delivery of rehabilitation counseling services. Members of the
    39  first board need not be licensed prior to their appointment to the
    40  board. An executive secretary to the board shall be appointed by the
    41  board of regents on recommendation of the commissioner.
    42    2. The terms of office of the members of the board shall be five
    43  years; provided, however, that of the members first appointed, one shall
    44  be appointed for three years, one shall be appointed for four years, and
    45  two shall be appointed for five years. Any vacancy on the board shall be
    46  filled by appointment for the remainder of such member's term in accord-
    47  ance with the provisions of this section.
    48    3. The members of the board shall receive no compensation for their
    49  services but each member shall be entitled to receive his or her actual
    50  and necessary expenses incurred in the performance of his or her duties.
    51    § 7554. Requirements for a professional license. To qualify for a
    52  license as a "licensed rehabilitation counselor", an applicant shall
    53  fulfill the following requirements:
    54    1. Application: file an application with the department;


        S. 6092--B                          3

     1    2. Examination: pass the examination of the Commission on Rehabili-
     2  tation Counseling Certification (CRCC); be certified by that body as a
     3  Certified Rehabilitation Counselor (CRC);
     4    3. Age: be at least twenty-one years of age;
     5    4. Character: be of good moral character as determined by the depart-
     6  ment; and
     7    5. Fees: pay a fee of two hundred fifty dollars to the department for
     8  admission to licensure and for an initial license; and a fee of one
     9  hundred seventy dollars for each triennial registration period.
    10    § 7555. Limited permits. The following requirements for a limited
    11  permit shall apply to the profession licensed pursuant to this article:
    12    1. The department may issue a limited permit to an applicant whose
    13  qualifications have been approved for admission to the CRCC examination
    14  in accordance with regulations promulgated therefor.
    15    2. Limited permits shall be for one year and may be renewed, at the
    16  discretion of the department, for one additional year.
    17    3. The fee for each limited permit and for each renewal thereof shall
    18  be seventy dollars.
    19    § 7556. Exempt persons. 1. This article shall not be construed to
    20  affect or prevent qualified physicians, nurses, physical or occupational
    21  therapists, psychologists, counselors, creative arts therapists, psycho-
    22  analysts, social workers or members of the clergy from performing the
    23  work of a rehabilitation counselor where incident to the practice of
    24  their professions, provided they do not hold themselves out to the
    25  public by any title as being engaged in the practice of rehabilitation
    26  counseling.
    27    2. This article shall not be construed to affect or prevent a rehabil-
    28  itation counseling student from engaging in clinical practice under the
    29  supervision of a licensed or certified rehabilitation counselor as part
    30  of a program conducted in an approved agency affiliated with an accred-
    31  ited school of rehabilitation counseling which is approved by the
    32  department.
    33    § 7557. Special provisions. 1. Any nonexempt person practicing the
    34  profession to be licensed pursuant to this article shall apply for a
    35  license for practice of such profession within one year of the effective
    36  date of this article. If such person does not meet the requirements for
    37  a license established within this article, the department shall license
    38  without examination if the applicant submits evidence satisfactory to
    39  the department of having been engaged in the practice of such profession
    40  for at least five of the immediately preceding eight years. Such
    41  exemption shall be in effect for only one year following the effective
    42  date of this article.
    43    2. The commissioner shall approve all fees authorized pursuant to this
    44  article. Such fees shall be set in amounts sufficient to meet the
    45  expenses of administering the provisions of this article.
    46    3. The department shall promulgate any rules and regulations necessary
    47  to establish professional standards of rehabilitation counselors and any
    48  other rules and regulations necessary to administer the provisions of
    49  this article.
    50    § 7558. Mandatory continuing education. 1. (a) Each rehabilitation
    51  counselor licensed pursuant to this article required to register trien-
    52  nially with the department to practice in the state shall comply with
    53  the provisions of the mandatory continuing education requirements
    54  prescribed in subdivision two of this section except as set forth in
    55  paragraphs (b) and (c) of this subdivision. Such rehabilitation counse-
    56  lors who do not satisfy the mandatory continuing education requirements


        S. 6092--B                          4

     1  shall not practice until they have met such requirements, they have paid
     2  all applicable fees, and they have been issued a registration or condi-
     3  tional registration certificate.
     4    (b) Rehabilitation counselors shall be exempt from the mandatory
     5  continuing education requirement for the triennial registration period
     6  during which they are first licensed. In accordance with the intent of
     7  this section, adjustment to the mandatory continuing education require-
     8  ment may be granted by the department for reasons of health certified by
     9  an appropriate health care professional, for extended active duty with
    10  the armed forces of the United States, or for other good cause accepta-
    11  ble to the department which may prevent compliance.
    12    (c) A licensed rehabilitation counselor not engaged in practice, as
    13  determined by the department, shall be exempt from the mandatory contin-
    14  uing education requirement upon the filing of a statement with the
    15  department declaring such status. Any licensee who returns to the prac-
    16  tice of rehabilitation counselor during the triennial registration peri-
    17  od shall notify the department prior to reentering the profession and
    18  shall meet such mandatory education requirements as shall be prescribed
    19  by regulations of the commissioner.
    20    2. During each triennial registration period an applicant for regis-
    21  tration shall complete a minimum of twenty-four hours of acceptable
    22  continuing education, a maximum of twelve hours of which may be self-in-
    23  structional course work acceptable to the department. Any rehabilitation
    24  counselor whose first registration date following the effective date of
    25  this section occurs less than three years from such effective date, but
    26  on or after January first, two thousand fourteen, shall complete contin-
    27  uing education hours on a prorated basis at the rate of one hour per
    28  month for the period beginning January first, two thousand fourteen up
    29  to the first registration date thereafter. A licensee who has not satis-
    30  fied the mandatory continuing education requirements shall not be issued
    31  a triennial registration certificate by the department and shall not
    32  practice unless and until a conditional registration certificate is
    33  issued, as provided for in subdivision three of this section, or until
    34  he or she has otherwise met the requirements of this section.
    35    3. The department, in its discretion, may issue a conditional regis-
    36  tration to a licensee who fails to meet the continuing education
    37  requirements established in subdivision two of this section but who
    38  agrees to make up any deficiencies and complete any additional educa-
    39  tion which the department may require. The fee for such a conditional
    40  registration shall be the same as, and in addition to, the fee for the
    41  triennial registration. The duration of such conditional registration
    42  shall be determined by the department but shall not exceed one year. Any
    43  licensee who is notified of the denial of registration for failure to
    44  submit evidence, satisfactory to the department, of required
    45  continuing_education and who practices rehabilitation counseling without
    46  such registration, may be subject to disciplinary proceedings pursuant
    47  to section sixty-five hundred ten of this title.
    48    4. As used in subdivision two of this section, "acceptable continuing
    49  education" shall mean courses of learning and educational activities
    50  which contribute to professional practice in rehabilitation counseling
    51  and which meet the standards prescribed by regulations of the commis-
    52  sioner. The department may, in its discretion and as needed to contrib-
    53  ute to the health and welfare of the public, require the completion of
    54  continuing education courses in specific subjects.


        S. 6092--B                          5

     1    5. Rehabilitation counselors shall maintain adequate documentation of
     2  completion of acceptable continuing education and educational activities
     3  and shall provide such documentation at the request of the department.
     4    6. The mandatory continuing education fee shall be forty-five dollars,
     5  shall be payable on or before the first day of each triennial registra-
     6  tion period, and shall be paid in addition to the triennial registration
     7  fee required by section seventy-five hundred fifty-four of this article.
     8    7. The department shall be required to mail to all licensed rehabili-
     9  tation counselors, prior to the first day of each triennial registration
    10  period, information setting forth the requirements for such triennial
    11  registration.
    12    § 7559. Separability. If any section of this article, or part thereof,
    13  shall be adjudged by any court of competent jurisdiction to be invalid,
    14  such judgment shall not affect, impair or invalidate the remainder of
    15  any other section or part thereof.
    16    § 2. This act shall take effect on the five  hundred  forty-fifth  day
    17  after  it shall have become a law; provided, however, that any rules and
    18  regulations necessary to implement the provisions of  this  act  on  its
    19  effective  date  are  authorized and directed to be promulgated, amended
    20  and repealed on or before such date.