NYS [CRC] Assembly Bill #A967B-2011 Text

A967B-2011: Provides for the licensure of rehabilitation counselors by the department of education

 

From: http://open.nysenate.gov/legislation/bill/A967B-2011



S T A T E   O F   N E W   Y O R K
 967--B
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 (PREFILED)
 January 5, 2011

 Introduced  by  M.  of A. KELLNER, JAFFEE, BROOK-KRASNY, MARKEY, WEISEN
 BERG, McDONOUGH, P. RIVERA -- read once and referred to the  Committee
 on  Higher  Education  --  committee discharged, bill amended, ordered
 reprinted as amended and recommitted to said committee --  recommitted
 to  the Committee on Higher Education in accordance with Assembly Rule
 3, sec. 2 -- 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:

Section 1. The education law is amended by adding a new article 152 to
 read as follows:
 ARTICLE 152
 REHABILITATION COUNSELING
 SECTION 7550. INTRODUCTION.
 7551. DEFINITION OF THE PRACTICE OF "REHABILITATION COUNSELING".
 7552. PRACTICE OF  REHABILITATION  COUNSELING  AND  USE  OF  THE
 TITLES "REHABILITATION COUNSELOR" AND "LICENSED REHABIL
 ITATION COUNSELOR".
 7553. STATE BOARD FOR REHABILITATION COUNSELING.
 7554. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
 7555. LIMITED PERMITS.
 7556. EXEMPT PERSONS.
 7557. SPECIAL PROVISIONS.
 7558. SEPARABILITY.

S  7550. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF REHA
 BILITATION  COUNSELING.  THE  GENERAL  PROVISIONS  FOR  ALL  PROFESSIONS
 CONTAINED  IN  ARTICLE  ONE  HUNDRED THIRTY OF THIS TITLE SHALL APPLY TO
 THIS ARTICLE.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00393-07-2
       A. 967--B                           2

S 7551. DEFINITION OF THE PRACTICE OF "REHABILITATION COUNSELING". THE
 PRACTICE OF THE PROFESSION OF REHABILITATION COUNSELING IS DEFINED AS  A
 SYSTEMATIC PROCESS WHICH ASSISTS PERSONS WITH PHYSICAL, MENTAL, DEVELOP
 MENTAL, COGNITIVE, AND EMOTIONAL DISABILITIES TO ACHIEVE THEIR PERSONAL,
 CAREER,  AND  INDEPENDENT  LIVING  GOALS  IN THE MOST INTEGRATED SETTING
 POSSIBLE THROUGH THE APPLICATION OF THE COUNSELING  PROCESS.  THE  COUN
 SELING  PROCESS  INVOLVES  COMMUNICATION,  GOAL  SETTING, AND BENEFICIAL
 GROWTH  OR  CHANGE  THROUGH  SELF-ADVOCACY,  PSYCHOLOGICAL,  VOCATIONAL,
 SOCIAL, AND BEHAVIORAL INTERVENTIONS. THE SPECIFIC TECHNIQUES AND MODAL
 ITIES   UTILIZED  WITHIN  THIS  REHABILITATION  COUNSELING  PROCESS  MAY
 INCLUDE, BUT ARE NOT LIMITED TO:
 1. ASSESSMENT AND APPRAISAL;
 2. DIAGNOSIS AND TREATMENT PLANNING;
 3. CAREER (VOCATIONAL) COUNSELING;
 4. INDIVIDUAL AND GROUP COUNSELING TREATMENT INTERVENTIONS FOCUSED  ON
 FACILITATING ADJUSTMENTS TO THE MEDICAL AND PSYCHOSOCIAL IMPACT OF DISA
 BILITY;
 5. CASE MANAGEMENT, REFERRAL, AND SERVICE COORDINATION;
 6. PROGRAM EVALUATION AND RESEARCH;
 7.  INTERVENTIONS TO REMOVE ENVIRONMENTAL, EMPLOYMENT, AND ATTITUDINAL
 BARRIERS;
 8.  CONSULTATION  SERVICES  AMONG  MULTIPLE  PARTIES  AND   REGULATORY
 SYSTEMS;
 9.  JOB  ANALYSIS,  JOB DEVELOPMENT, AND PLACEMENT SERVICES, INCLUDING
 ASSISTANCE WITH EMPLOYMENT AND JOB ACCOMMODATIONS;
 10. THE PROVISION OF CONSULTATION ABOUT AND ACCESS  TO  REHABILITATION
 TECHNOLOGY.

S  7552.  PRACTICE  OF REHABILITATION COUNSELING AND USE OF THE TITLES
 "REHABILITATION COUNSELOR" AND "LICENSED REHABILITATION COUNSELOR". ONLY
 A PERSON LICENSED  OR EXEMPT UNDER THIS ARTICLE SHALL PRACTICE REHABILI
 TATION COUNSELING OR USE THE TITLE "REHABILITATION COUNSELOR".   ONLY  A
 PERSON  LICENSED  UNDER THIS ARTICLE SHALL USE THE TITLE "LICENSED REHA
 BILITATION COUNSELOR" OR ANY OTHER DESIGNATION TENDING TO IMPLY THAT THE
 PERSON IS LICENSED TO PRACTICE REHABILITATION COUNSELING.

S 7553. STATE BOARD FOR REHABILITATION COUNSELING. 1.  A  STATE  BOARD
 FOR REHABILITATION COUNSELING SHALL BE APPOINTED BY THE BOARD OF REGENTS
 ON  RECOMMENDATION  OF THE COMMISSIONER FOR THE PURPOSE OF ASSISTING THE
 BOARD OF REGENTS AND THE DEPARTMENT ON MATTERS OF  LICENSING  AND  REGU
 LATION.    THE  BOARD SHALL BE COMPOSED OF AT LEAST THREE REHABILITATION
 COUNSELORS LICENSED PURSUANT TO THIS ARTICLE AND  AT  LEAST  ONE  PUBLIC
 REPRESENTATIVE  WHO DOES NOT HOLD INTERESTS IN THE ORGANIZATION, FINANC
 ING, OR DELIVERY OF REHABILITATION COUNSELING SERVICES. MEMBERS  OF  THE
 FIRST  BOARD  NEED  NOT  BE  LICENSED  PRIOR TO THEIR APPOINTMENT TO THE
 BOARD. AN EXECUTIVE SECRETARY TO THE BOARD SHALL  BE  APPOINTED  BY  THE
 BOARD OF REGENTS ON RECOMMENDATION OF THE COMMISSIONER.
 2.  THE  TERMS  OF  OFFICE  OF  THE MEMBERS OF THE BOARD SHALL BE FIVE
 YEARS; PROVIDED, HOWEVER, THAT OF THE MEMBERS FIRST APPOINTED, ONE SHALL
 BE APPOINTED FOR THREE YEARS, ONE SHALL BE APPOINTED FOR FOUR YEARS, AND
 TWO SHALL BE APPOINTED FOR FIVE YEARS. ANY VACANCY ON THE BOARD SHALL BE
 FILLED BY APPOINTMENT FOR THE REMAINDER OF SUCH MEMBER'S TERM IN ACCORD
 ANCE WITH THE PROVISIONS OF THIS SECTION.
 3. THE MEMBERS OF THE BOARD SHALL RECEIVE NO  COMPENSATION  FOR  THEIR
 SERVICES  BUT EACH MEMBER SHALL BE ENTITLED TO RECEIVE HIS OR HER ACTUAL
 AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF HIS OR HER DUTIES.
       A. 967--B                           3

S 7554. REQUIREMENTS FOR A PROFESSIONAL  LICENSE.  TO  QUALIFY  FOR  A
 LICENSE  AS  A  "LICENSED  REHABILITATION COUNSELOR", AN APPLICANT SHALL
 FULFILL THE FOLLOWING REQUIREMENTS:
 1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
 2.  EXAMINATION:  PASS  THE EXAMINATION OF THE COMMISSION ON REHABILI
 TATION COUNSELING CERTIFICATION (CRCC); BE CERTIFIED BY THAT BODY  AS  A
 CERTIFIED REHABILITATION COUNSELOR (CRC);
 3. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
 4.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART
 MENT; AND
 5. FEES: PAY A FEE OF TWO HUNDRED FIFTY DOLLARS TO THE DEPARTMENT  FOR
 ADMISSION  TO  LICENSURE  AND  FOR  AN INITIAL LICENSE; AND A FEE OF ONE
 HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.

S 7555. LIMITED PERMITS. THE  FOLLOWING  REQUIREMENTS  FOR  A  LIMITED
 PERMIT SHALL APPLY TO THE PROFESSION LICENSED PURSUANT TO THIS ARTICLE:
 1.  THE  DEPARTMENT  MAY  ISSUE A LIMITED PERMIT TO AN APPLICANT WHOSE
 QUALIFICATIONS HAVE BEEN APPROVED FOR ADMISSION TO THE CRCC  EXAMINATION
 IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
 2.  LIMITED  PERMITS  SHALL BE FOR ONE YEAR AND MAY BE RENEWED, AT THE
 DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
 3. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL THEREOF  SHALL
 BE SEVENTY DOLLARS.

S  7556.  EXEMPT  PERSONS. 1.   THIS ARTICLE SHALL NOT BE CONSTRUED TO
 AFFECT OR PREVENT QUALIFIED PHYSICIANS, NURSES, PHYSICAL OR OCCUPATIONAL
 THERAPISTS, PSYCHOLOGISTS, COUNSELORS, CREATIVE ARTS THERAPISTS, PSYCHO
 ANALYSTS, SOCIAL WORKERS OR MEMBERS OF THE CLERGY  FROM  PERFORMING  THE
 WORK  OF  A  REHABILITATION  COUNSELOR WHERE INCIDENT TO THE PRACTICE OF
 THEIR PROFESSIONS, PROVIDED THEY DO  NOT  HOLD  THEMSELVES  OUT  TO  THE
 PUBLIC  BY  ANY TITLE AS BEING ENGAGED IN THE PRACTICE OF REHABILITATION
 COUNSELING.
 2. THIS ARTICLE SHALL NOT BE CONSTRUED TO AFFECT OR PREVENT A REHABIL
 ITATION COUNSELING STUDENT FROM ENGAGING IN CLINICAL PRACTICE UNDER  THE
 SUPERVISION  OF A LICENSED OR CERTIFIED REHABILITATION COUNSELOR AS PART
 OF A PROGRAM CONDUCTED IN AN APPROVED AGENCY AFFILIATED WITH AN  ACCRED
 ITED  SCHOOL  OF  REHABILITATION  COUNSELING  WHICH  IS  APPROVED BY THE
 DEPARTMENT.

S 7557. SPECIAL PROVISIONS. 1.   ANY NONEXEMPT PERSON  PRACTICING  THE
 PROFESSION  TO  BE  LICENSED  PURSUANT TO THIS ARTICLE SHALL APPLY FOR A
 LICENSE FOR PRACTICE OF SUCH PROFESSION WITHIN ONE YEAR OF THE EFFECTIVE
 DATE OF SUCH PROFESSION.  IF SUCH PERSON DOES NOT MEET THE  REQUIREMENTS
 FOR  A  LICENSE  ESTABLISHED  WITHIN  THIS ARTICLE, THE DEPARTMENT SHALL
 LICENSE WITHOUT EXAMINATION IF THE APPLICANT SUBMITS EVIDENCE  SATISFAC
 TORY  TO  THE  DEPARTMENT OF HAVING BEEN ENGAGED IN THE PRACTICE OF SUCH
 PROFESSION FOR AT LEAST FIVE OF THE IMMEDIATELY PRECEDING  EIGHT  YEARS.
 SUCH EXEMPTION SHALL BE IN EFFECT FOR ONLY ONE YEAR FOLLOWING THE EFFEC
 TIVE DATE OF THIS SECTION.
 2. THE COMMISSIONER SHALL APPROVE ALL FEES AUTHORIZED PURSUANT TO THIS
 ARTICLE.  SUCH  FEES  SHALL  BE  SET  IN  AMOUNTS SUFFICIENT TO MEET THE
 EXPENSES OF ADMINISTERING THE PROVISIONS OF THIS ARTICLE.
 3. THE DEPARTMENT SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY
 TO ESTABLISH PROFESSIONAL STANDARDS OF REHABILITATION COUNSELORS AND ANY
 OTHER RULES AND REGULATIONS NECESSARY TO ADMINISTER  THE  PROVISIONS  OF
 THIS ARTICLE.

S 7558. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF,
 SHALL  BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
       A. 967--B                           4
 SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE  THE  REMAINDER  OF
 ANY OTHER SECTION OR PART THEREOF.

S  2.  This  act shall take effect on the five hundred forty-fifth day
 after it shall have become a law; provided, however, that any rules  and
 regulations  necessary  to  implement  the provisions of this act on its
 effective date are authorized and directed to  be  promulgated,  amended
 and repealed on or before such date.