Authorizes holders of certain operating certificates for treatment of persons with developmental disabilities to employ or contract with applied behavior analysts and mental health counselors.
Summary
A08751 amends the Mental Hygiene Law to expressly authorize certain providers that hold operating certificates under section 16.03 to employ or contract with two categories of licensed professionals: applied behavior analysts and mental health counselors. The bill ties those professionals to their existing licensure or certification under the Education Law, specifically applied behavior analysis under article 167 and mental health counseling under section 8402.
In practical terms, the bill would clarify that providers serving people with developmental disabilities may directly use these professionals in delivering services, rather than facing uncertainty about whether their operating certificates permit such arrangements. The measure takes effect immediately and is framed as a narrow authorization affecting provider staffing and contracting authority within the state’s mental hygiene system.
Impact
The bill would amend section 16.03 of the Mental Hygiene Law by adding a new subdivision that expands the staffing and contracting options available to providers holding certain operating certificates. It would not create new licensure categories or change the scope of practice for applied behavior analysts or mental health counselors; instead, it would remove a potential legal barrier for certified providers to employ or contract with those professionals. The affected parties are developmental disability service providers, applied behavior analysts, mental health counselors, and the individuals receiving services through the state’s mental hygiene system.
Sentiment
There is no recorded committee transcript or vote history available for this bill, so no direct public debate or recorded floor sentiment can be assessed from the provided materials. Based on the bill text and caption, the measure appears administrative and facilitative rather than controversial, suggesting a generally practical purpose of improving provider flexibility and access to behavioral health staffing.
Contention
No specific points of contention are documented in the available materials. If debated, likely issues would center on whether the authorization should be limited to certain operating certificate holders, how it interacts with existing professional licensing rules, and whether expanding contracting authority could affect oversight, reimbursement, or service delivery standards. However, none of those concerns are reflected in the provided transcripts or voting record.
Same As
Authorizes holders of certain operating certificates for treatment of persons with developmental disabilities to provide behavioral analysis services, so long as the professional providing such services is operating within their scope of practice; authorizes holders of such operating certificates to employ or contract with applied behavior analysts and mental health counselors.
Authorizes holders of certain operating certificates for treatment of persons with developmental disabilities to provide behavioral analysis services, so long as the professional providing such services is operating within their scope of practice; authorizes holders of such operating certificates to employ or contract with applied behavior analysts and mental health counselors.
Requires the Commissioner of the Office for People with Developmental Disabilities to provide care for certain persons with developmental disabilities who have been admitted to hospitals or psychiatric facilities on an emergency basis.
Provides for administrative review when applying for an additional certification by applicants to become certified community behavioral health clinics if such applicant is already certified by either the department of mental health or the office of addiction services and supports and is in good standing for five or more years.
Provides for administrative review when applying for an additional certification by applicants to become certified community behavioral health clinics if such applicant is already certified by either the department of mental health or the office of addiction services and supports and is in good standing for five or more years.
Extends confidentiality privileges to certain communications to or from a licensed mental health counselor in the course of such licensed mental health counselor's professional employment, and to certain employees of such licensed mental health counselor; provides exceptions thereto.
Relates to employment of persons and veterans with disabilities by the state; provides up to five thousand positions may be filled by persons with a physical or mental disability and up to two thousand positions may be filled by disabled veterans and veterans with disabilities.
Ensures that the office of mental health and the office for people with developmental disabilities provide materials to individuals in English and the top six languages spoken in the state.