§ 8401-A — Diagnostic privilege

§ 8401-a. Diagnostic privilege. 1. For issuance of a privilege to\ndiagnose and develop assessment-based treatment plans, as defined in\nsection eighty-four hundred one of this article, the applicant shall\nfulfill the following requirements:\n (a) Application: File an application with the department;\n (b) License: Be licensed and registered as a mental health counselor,\nmarriage and family therapist, or a psychoanalyst in the state;\n (c) Education: Verify the completion of a sixty semester hour master's\ndegree or higher, or the clock hour equivalent program of study in a\npsychoanalytic institute, that includes completion of a core curriculum\nwhich includes at least twelve semester hours or clock hour equivalent\nof clinical courses that prepares the applicant to diagnose and develop\nassessment-based treatment plans acceptable to the department. A person\nwho has received a master's or higher degree during which they did not\ncomplete the required hours, may satisfy such requirement by completing\nthe equivalent post-graduate courses in accordance with the\ncommissioner's regulations;\n (d) Experience: (i) Have completed at least two thousand hours of\nsupervised, direct client contact that shall include, but not be limited\nto, diagnosis, psychotherapy and the development of assessment-based\ntreatment plans, as defined in section eighty-four hundred one of this\narticle, satisfactory to the department.\n (ii) Subparagraph (i) of this paragraph shall not apply to a mental\nhealth counselor, marriage and family therapist, or psychoanalyst who\nwas licensed prior to June twenty-fourth, two thousand twenty-four, and\nwho provides attestation, on a form prescribed by the department, from a\nsupervisor in a facility setting or other supervised setting approved by\nthe department under supervision in accordance with the commissioner's\nregulations, that such licensee has at least three years of experience\nengaged in direct client contact that shall include diagnosis,\npsychotherapy and the development of assessment-based treatment plans.\nSuch licensee shall submit an application to the department within three\nyears of the effective date of this section.\n (e) Fee: Pay a fee of one hundred seventy-five dollars for issuance of\na privilege to diagnose and develop assessment-based treatment plans.\n 2. A mental health counselor, marriage and family therapist or\npsychoanalyst who engages in diagnosis and the development of\nassessment-based treatment plans without a privilege may be charged with\nprofessional misconduct under section sixty-five hundred nine of this\ntitle.\n 3. A privilege issued under this section shall be valid for the life\nof the holder, unless revoked, annulled, or suspended by the board of\nregents. Such a privilege shall be subject to the same oversight and\ndisciplinary provisions as licenses issued under this title. The holder\nof a privilege issued under this section shall register with the\ndepartment as a privilege holder in the same manner and subject to the\nsame provisions as required of a licensee pursuant to section sixty-five\nhundred two of this title, provided that, at the time of each\nregistration, the privilege holder shall certify that he or she\ncontinues to meet the requirements for the privilege set forth in this\nsection. The fee for such registration shall be one hundred seventy-five\ndollars. The registration period for a privilege holder shall be\ncoterminous with his or her registration under this article.\n