Questions & Answers About Licensure and Limited Permits for Psychology

Effective September 1, 2003, Chapter 676 of the Laws of 2002 Article 153 of the Education Law defines and restricts the practice of psychology to individuals who are licensed and registered to practice in New York, under a limited permit, completing an internship that is part of the education required for licensure, or exempt under another provision of law. Only a licensee can use the title "psychologist" or describe his or her services by use of the words "psychologist", "psychology" or "psychological" in connection with his or her practice.

Definition of the practice of psychology. Pursuant to subdivision (1) of section 7601-a of the Education Law, The practice of psychology is the observation, description, evaluation, interpretation, and modification of behavior for the purpose of preventing or eliminating symptomatic, maladaptive or undesired behavior; enhancing interpersonal relationships, personal, group or organizational effectiveness and work and/or life adjustment; and improving behavioral health and/or mental health. The practice includes, but is not limited to psychological (including neuropsychological) testing and counseling; psychoanalysis; psychotherapy; the diagnosis and treatment of mental, nervous, emotional, cognitive or behavioral disorders, disabilities, ailments or illnesses, alcoholism, substance abuse, disorders of habit or conduct, the psychological aspects of physical illness, accident, injury or disability, psychological aspects of learning (including learning disorders); and the use of accepted classification systems.

Pursuant to subdivision (2) of section 7601-a of the Education Law, the term "diagnosis and treatment" means the appropriate psychological diagnosis and the ordering or providing of treatment according to need. Treatment includes, but is not limited to counseling, psychotherapy, marital or family therapy, psychoanalysis, and other psychological interventions, including verbal, behavioral, or other appropriate means as defined in regulations promulgated by the Commissioner.

Article 153 includes exemptions to ensure that other professionals currently licensed and authorized under Title VIII of the Education Law, such as psychologists, physicians, registered professional nurses, social workers and mental health practitioners continue to be authorized to provide mental health services within each profession's  defined scope of practice. The Law also provides  exemptions for other individuals credentialed under any other law, such as attorneys, rape crisis counselors, certified alcoholism counselors and certified substance abuse counselors, who can provide services within their respective established authorities. You can access all exemptions from licensure in Education Law §7605(10).

• There are some exemptions with a time limit.
• Some exemptions permit professional practices, but not the use of professional titles and/or terms.
• Some exemptions permit professional practices, but require the use of specific terms or permit the use of the title "psychologist" based on the position or training status of the practitioner.
• Some exemptions define tasks that may be performed by an unlicensed person, including but not limited to gathering demographic data, providing peer services and case management.

The representation as a psychologist and the rendering of services in New York State by a licensed psychologist who resides outside of this State is authorized provided the person has filed with the Department an attestation and $10 fee that he or she has been licensed or certified in another State and will be subject to the disciplinary authority of the Education Department and the Board of Regents. This temporary authorization shall not exceed 10 consecutive business days in one consecutive 90-day period or in the aggregate exceed more than 15 business days in one 90-day period and may not be renewed.

Other than the limited provision in Education Law section 7605(8) referenced above, an out-of-state psychologist must be licensed and registered in New York to practice the profession in this State. In New York State, pursuant to Education Law section 6512(1), the unlicensed practice of psychology is defined as a felony.

Individuals, churches, schools, teachers, organizations, or not-for-profit businesses may provide instruction, advice, support, encouragement or information to individuals, families and relational groups.

Yes. Education Law section 7605(11) authorizes a licensed psychologist, who files an attestation with the Department, to use a testing technician to administer and score standardized objective (non-projective) psychological or neuropsychological tests which have specific predetermined and manualized administrative procedures that entail observing and describing test behavior and test responses, and which do not require evaluation, interpretation or other judgments. The supervising psychologist must file an attestation with the Department regarding the name and qualifications of the testing technician, as set out in law.

A limited permit may be issued by the State Education Department to an applicant for licensure when that person has met specific requirements for licensure, but must still meet additional conditions. The limited permit authorizes the permit holder to engage in a profession, subject to such conditions or limitations that may be imposed by the Department and to use the title and terms that are authorized in the law for the profession. Thus, a person with a limited permit may claim to be a psychologist and to practice psychology, but, at the same time, this must be done within the limits established by the law and the Regulations of the Commissioner of Education and the Board of Regents.

There are two kinds of limited permits in psychology: One has existed for many years and is issued to psychologists who are licensed in other states and countries and meet all, but the examination requirement, for licensure. That permit is issued for one year, or until the results of the first examination for which the applicant is eligible are released. The second permit  may be issued to an applicant for licensure who has completed all doctoral degree requirements, including the dissertation. It is issued so that the permittee may meet the supervised experience and examination requirements for licensure. An initial permit is valid for one year and may be renewed upon submission of an application for renewal and fee for two one-year periods.

A student, intern, or resident in psychology, pursuing a course of study leading to a doctoral degree in psychology in an institution approved by the Department does not require a limited permit to engage in required activities and services, as long as such activities and services constitute a part of his or her supervised course of study in psychology. Such students may use titles, such as, "psychological extern," "psychological intern," "psychological trainee," or another title that clearly indicates his or her training status.

Yes. Those students who attend a New York State doctoral program in psychology registered as licensure-qualifying will have their education approved as soon as their universities submit Form 2 attesting to the completion of all doctoral degree requirements, including the dissertation, and the transcript, as will graduates of doctoral programs accredited by the American Psychological Association (APA). Applicants from programs outside New York State that are not registered as licensure-qualifying or accredited by the APA, will continue to have their education reviewed on an individual basis by the Department. Therefore, these applicants should be prepared to submit all the information necessary for a complete review of their education as soon as they complete all doctoral degree requirements, including the dissertation.

Yes. The limited permit application requires certain information about the work site and will also require the signature of the licensed and registered psychologist who will supervise the candidate who will be practicing under supervision while meeting experience and examination requirements.

Yes. The requirements for the limited permit are the same as entry to the examination: application and fee for licensure as a psychologist and verification of an acceptable psychology degree by the Department.

No. The limited permit is issued for practice under the supervision of a psychologist in an authorized setting, as defined in Part 72.2 of the Regulations of the Commissioner.

No. The exemption provisions in licensure are put in the law to permit certain settings to provide psychological services without the requirement for a license or limited permit. Some of the experience in such settings may be accepted as meeting the supervised experience requirement for licensure even if the applicant does not need a limited permit to work in the setting as long as all of the requirements for experience in Part 72.2 of the Regulations of the Commissioner are fulfilled.

The limited permit is issued under Education Law §7604(1-a) for one year and may be renewed for no more than two additional one-year periods. At the end of the three-year period, the law allows the Department to consider a one-year extension, upon submission of the permit application and fee and for good cause, as determined by the Department. No more than four years under the permit are allowed by law.

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