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.