As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2025, which is no later than the 3rd year after the year in which this rule is being adopted.

Since publication of a Notice of Proposed Rule Making in the December 1, 2021 State Register, the State Education Department received the following comments:

1. COMMENT: A state psychologist association expressed support for several of the proposed amendments, such as the use of technology for supervision and allowing outside organizations to accredit doctoral programs.

DEPARTMENT RESPONSE: The Department appreciates the supportive comments as it works to improve the public’s access to mental health care, while protecting the public, by implementing the proposed rule. This rule, among other things, permits applicants with doctoral degrees in psychology from accredited programs to meet the education requirements for licensure in this State. This will also eliminate the need for individual transcript review for such applicants and expedite the processing of their licensure applications. The comment is supportive of the proposed rule; therefore, no changes are necessary.

2. COMMENT: While acknowledging the Department’s concern about improving access to mental health care in this State, a state psychologist association expressed concern about the proposed rule’s licensure by endorsement provisions. The association stated that it is exploring a national compact for psychology (PSY/PACT) and it urged that the Department study that plan rather than permit licensure by endorsement.

DEPARTMENT RESPONSE: The Department is reviewing various options that would expedite licensure pathways for experienced psychologists who have met similar licensure requirements in another state, including licensure compact proposals, which would require legislative enactment. Such compacts generally require each jurisdiction to use the same language and requirements for licensure, which may include different requirements to those currently required for licensure in New York. Education Law § 6506(6) authorizes the Board of Regents to endorse a license issued by another state in psychology or any other profession. The proposed amendment requires 5 years of licensed practice in the other state, which exceeds the 2 years required under 8 NYCRR 59.6(b). Thus, applicants licensed by endorsement will be experienced and in good standing in the other jurisdiction. Based on the foregoing, no changes to the proposed rule are needed.

3. COMMENT: A state psychologist association is concerned that psychologists from outside of the State will not understand the needs of New York’s diverse population.

DEPARTMENT RESPONSE: The proposed rule requires that applicants, for licensure by endorsement have at least 5 years of licensed practice in the other jurisdiction, which should provide a depth and breadth of knowledge and experience with different types of populations greater than that of less experienced psychologists. Licensure by endorsement simply provides an expedited licensure pathway for experienced psychologists who have met similar licensure requirements in another state and seek to practice in New York, either in person or through technology. Therefore, no changes to the proposed rule are needed.

4. COMMENT: A state psychologist association expressed concern that out-of-state psychologists would be more motivated to obtain New York licensure because of its higher insurance reimbursement rates rather than a desire to provide quality services to New Yorkers.

DEPARTMENT RESPONSE: Article 153 of the Education Law provides standards for licensure and defines the practice of the profession of psychology; it does not have any provisions relating to insurance reimbursement. Insurance reimbursement is not within the purview of the Department. Therefore, no changes to the proposed rule are needed.

5. COMMENT: A state psychologist association expressed concern about the lack of reciprocity in the proposed amendments’ licensure by endorsement provisions.

DEPARTMENT RESPONSE: The Board of Regents and the Department can only define and regulate licensure requirements and practice of the professions in this State and permitting licensure by endorsement in this State does not create a reciprocal licensure by endorsement obligation on any other state. However, once licensed in New York, a psychologist must practice the profession as defined in New York law and is subject to the disciplinary authority of the Board of Regents. Therefore, no changes to the proposed rule are needed.

6. COMMENT: A state psychologist association commented that there are other steps, besides licensure by endorsement, that could address access to care, such as reimbursement parity.

DEPARTMENT RESPONSE: The comment is outside the scope of the proposed rule because the Department does not establish or have the authority to establish insurance reimbursement policies or rates. Therefore, no changes to the proposed rule are needed.

7. COMMENT: A licensed psychologist, who expressed his support for the proposed rule’s licensure by endorsement provisions, commented that he knows of no evidence that licensure by endorsement has been problematic to “home state” psychologists in other jurisdictions that allow it.

DEPARTMENT RESPONSE: The Department appreciates the supportive comment but is not in possession of evidence to refute or confirm the factual assertions therein. The comment is supportive of the proposed rule; therefore, no changes are needed.

8. COMMENT: A licensed psychologist commented that the role and function of the Department is to protect the public interest by maintaining the integrity of licensing practices and endorsement is aligned with that mission.

DEPARTMENT RESPONSE: The Department appreciates the supportive comments as it works to improve the public’s access to mental health care, while protecting the public, by implementing the proposed rule which, among other things, permits licensure by endorsement. The comment is supportive of the proposed rule; therefore, no changes are needed.

9. COMMENT: A licensed psychologist identified endorsement as a positive step toward increasing the number of licensed psychologists and increasing access to care, citing his experience with endorsement in Michigan. He received that license in a week, allowing him to consult on a case in that state, adding that “Michigan got it right on endorsement and NY should, too.” He disagreed with criticism of endorsement, stating that “NYSED is getting it right and we should stand behind them.”

DEPARTMENT RESPONSE: The Department appreciates the supportive comments as it works to improve the public’s access to mental health care, while protecting the public, by implementing the proposed rule which, among other things, permits licensure by endorsement. The comment is supportive of the proposed rule; therefore, no changes are necessary.

10. COMMENT: The Department received numerous form letters supporting the state psychologist association in exploring a reciprocity compact for licensed psychologists.

DEPARTMENT RESPONSE: The proposed rule’s licensure by endorsement provisions provides an expedited licensure pathway for experienced psychologists, who are licensed and in good standing in another jurisdiction. The Board of Regents cannot unilaterally adopt a reciprocity compact by regulatory amendment. Only the Legislature and Governor can enact or amend laws, as necessary, to adopt a compact.

Additionally, compacts generally require participating states to have identical licensure requirements and may require additional fees, background checks and/or fingerprinting, and other provisions that are not part of the licensure or proposed licensure by endorsement processes in New York. Therefore, no changes to the proposed rule are necessary.

11. COMMENT: The Department received numerous form letters supporting the state psychologist association, noting that inter-jurisdictional laws vary among states and are in a state of evolution.

DEPARTMENT RESPONSE: A psychologist licensed in New York must practice in accordance with New York laws, rules and regulations, whether or not the psychologist and patient are in the same state. New York licensees, including those licensed by endorsement, are subject to oversight by the Board of Regents. Licensees are responsible to know the applicable laws and regulations for each jurisdiction in which they practice. Therefore, no changes to the proposed rule are necessary.

12. COMMENT: The Department received numerous form letters supporting the state psychological association, which noted the unique aspects of New York's demographics, diverse population, and culture. These form letters also indicated that out-of-state providers must be cognizant of these factors and maintain the same high level of care to New York residents. New York State psychologists, like the association, would like to preserve their high standards in any agreement that allows for inter-jurisdictional practice.

DEPARTMENT RESPONSE: The Department recognizes and celebrates the diversity of New Yorkers, including psychologists and their clients. Licensure by endorsement is not an inter-jurisdictional agreement; it is an expedited pathway for individuals already licensed by a state with similar requirements and who have, at least, 5 years of licensed practice in that jurisdiction. Licensees must be competent in the practice of the profession, which includes providing culturally sensitive and appropriate services, whether initially licensed in New York or in another jurisdiction. Therefore, no changes to the proposed rule are necessary.

13. COMMENT: The Department received numerous form letters supporting the state psychologist association, advocating for reciprocity and fairness among jurisdictions, including scope of practice and reimbursement rates.

DEPARTMENT RESPONSE: Licensure by endorsement is not an inter-jurisdictional agreement, like a compact; it does not change the laws or policies of another licensing authority in another state nor address reimbursement issues. It provides an expedited licensure pathway for a psychologist licensed and in good standing in another jurisdiction and, once licensed, the psychologist must comply with New York laws and regulations. Therefore, no changes to the proposed rule are necessary.

14. COMMENT: A licensed psychologist, who strongly supports the proposed rule, expressed concern that excluding qualified, out-of-state applicants for licensure would be a detriment to people’s urgent needs for mental health services, restricting rather than expanding the profession. Citing his extensive pro bono work with traumatized health care professionals, the commenter expressed the need for “all the help we can get” to provide mental health care.

DEPARTMENT RESPONSE: The Department appreciates the supportive comments as it works to improve the public’s access to mental health care, while protecting the public, by implementing the proposed rule, which among other things, permits licensure by endorsement, which is an expedited licensure pathway for applicants who are licensed and in good standing in another jurisdiction. The comment is supportive of the proposed rule; therefore, no changes are necessary.