Current through Register Vol. 46, No. 39, September 25, 2024
(a) General. Clinical psychological service
shall be made available to persons eligible for medical assistance as part of
comprehensive health care. Such services include psychological evaluation and
various therapeutic procedures appropriate for the given personality or
behavior disorder. All services provided shall adhere to standards of good and
proper practice acceptable to the State Commissioner of Health as set forth in
section 98-a of the rules of the Commissioner of Education and in the code of
ethics of the New York State Psychological Association.
(b) Qualifications.
(1) Basic requirements. Psychological
services shall be provided by psychologists who are qualified as clinical
psychologists in accordance with the following criteria:
(i) certification in accordance with article
153 of the New York State Education Law;
(ii) completion of at least three years of
training or supervised experience in clinical psychology in addition to the
education requirements for certification, and is engaged in professional
practice, at least half of which is devoted to providing clinical psychological
services.
(2) Additional
requirements.
(i) Commencing on a date to be
determined by the State Commissioner of Health, shall complete, every three
years, not less than 75 hours of continuing education courses approved by the
Health Manpower Group of the New York State Department of Health.
(ii) Approved continuation education shall be
based on standards approved by the State Commissioner of Health in accordance
with the following:
(a) post graduate courses
promulgated and conducted by a university program in clinical psychology, or in
a related field satisfactory to the New York State Psychological Association
and to the New York State Department of Health;
(b) courses conducted by a psychological
services center or post-doctoral training program chartered by the Board of
Regents of the State of New York whose course offerings shall have met with
prior approval by the New York State Psychological Association and New York
State Department of Health;
(c)
planned continuation education preceptorships or similar practical training
approved, on an individual basis, by the New York State Psychological
Association and New York State Department of Health;
(d) preparation and presentation of
scientific or professional papers through professional channels evaluated and
approved by the New York State Psychological Association and New York State
Department of Health;
(e) teaching
responsibilities in any of the foregoing forms of continuation education which
shall have met with prior approval by the New York State Psychological
Association and New York State Department of Health; or
(f) participation in other forms of
continuation education which shall have met with prior approval jointly by the
New York State Psychological Association and the State Department of
Health.
(3)
Psychological services furnished to a child pursuant to an individualized
education program or an interim or final individualized family services plan
may be provided by a clinical psychologist, a school psychologist, a social
worker, a school social worker, or a school counselor who is certified in
accordance with the New York State Education Law and the rules of the
Commissioner of Education. For purposes of this section, a certified school
social worker means a social worker currently registered and certified in
accordance with the New York State Education Law and the rules of the
Commissioner of Education.
(c) Prior referral required. All
psychological services must be supported by a referral of:
(1) the recipient's personal physician or
medical resource, such as a clinic, acting as the recipient's
physician;
(2) the medical director
in an industrial concern;
(3) an
appropriate school official;
(4) an
official or voluntary health or social agency.
An individualized education program or an interim or
final individualized family services plan, which includes the provision of
psychological services fulfills the requirement for prior referral.
(d) Reimbursement.
(1) Except as otherwise provided in this
subdivision, reimbursement for psychological services must be established by
the Department of Health and approved by the Director of the Budget. No
reimbursement will be made to a private practicing psychologist who renders
psychological services in a clinic or other medical facility from which the
psychologist receives a salary.
(2)
Payment is available for psychological services which are part of the
development of, or furnished pursuant to, an individualized education program
and which are provided by a clinical psychologist, certified school
psychologist, certified social worker, certified school social worker, or a
school counselor employed by, or under contract to, a school district, an
approved pre-school, a county in the State or the city of New York in
accordance with the New York State Education Law. Reimbursement for such
services must be made in accordance with the provider agreement.
(3) Payment is available for psychological
services which are part of the development of, or furnished pursuant to, an
interim or final individualized family services plan and which are provided by
a clinical psychologist, certified school psychologist, certified social
worker, certified school social worker, or a school counselor employed by, or
under contract to, an approved early intervention program or a municipality in
the State. Reimbursement for such services must be made in accordance with the
provider agreement.