New York Mental Health Counselors Association
206 Greenbelt Parkway
Holbrook, New York 11741-4411
1-800-4-NYMHCA
www.nymca.org
MEMORANDUM OF SUPPORT
A.10142/Assembly member DenDekker & S.7061 Senator Joseph Robach – An ACT to amend the
education law in relation to mandatory continuing education for mental health practitioners and
clarifies authorization to practice.
______________________________________________________________________________
The New York Mental Health Counselors Association (NYMHCA) strongly supports the passage of
this bill which authorizes continuing education for mental health practitioners and clarifies the
authority of mental health practitioners to diagnose.
Chapter 676 of the laws of 2002 established in education law four licensed “psychotherapy”
professions: Mental Health Counselors, Marriage and Family Therapists, Creative Arts Therapists
and Psychoanalysts. These professions are authorized to “to identify, evaluate and treat
dysfunctions and disorders”1 and “may use accepted classifications of signs, symptoms, dysfunctions
and disorders”2. To diagnose or determine pathology is to identify a disorder or problem. In the
field of mental health, the Diagnostic Statistical Manual developed by the American Psychiatric
Association is the reference guide used in diagnosing. Mental health practitioners are authorized to
use specifically the DSM under section 79-9.5 of Commissioner’s Regulations. Further, each
profession licensed under Article 163 is required to have obtained an education that specifically
provides coursework in psychopathology, or the study of diagnosis3.
However, because the statute does not explicitly use the term “diagnosis” in the scopes of practice
clarification is needed to ensure that those licensed as mental health practitioners are allowed to
diagnose. Clarification is needed to give authorized providers of services, such as licensed clinics,
not-for-profit organizations and others the assurance that mental health practitioners may provide
diagnostic services within their scope of practice competencies. While there is still a lot more that
needs to be done, having access to mental health practitioners as qualified providers who are
authorized to diagnose and treat will help relieve some of the shortages in access to care.
The continuing education component of this legislation seeks to ensure that as the field of mental
health services expands and new practice modalities are developed to assist in caring for new
populations challenged with mental health issues, these professionals are kept current and
competent.
For these reasons, we strongly support this bill and encourage you to assist in its swift passage.
1
Section 8402 (1) (b) of the education law
Section 8411 (3) of the education law
3
Section 8402 (3)(b)(iii), 8403 (3)(b)(ii), 8404 (3)(b)(viii), and 8405 (3)(b)(ii) of the education law
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1
NYMHCA is the state-wide organization representing licensed mental health counselors (LMHC)
and students of the profession within New York State. LMHCs work with individuals, couples,
families and groups in hospitals, clinics, state and private agencies, universities and in private
practices. Licensed mental health counselor is a licensed profession under Article 163 of the
Education Law. Currently, there are over 4,600 mental health counselors licensed and
approximately 900 working under a limited permit regulated by the Office of the Professions within
the New York State Education Department. In addition, there are 55 approved educational
programs at various higher education institutions throughout New York leading to licensure.
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