N.Y. Comp. Codes R. & Regs. tit. 18 § 505.18

Current through Register Vol. 46, No. 45, November 2, 2024

Section 505.18 - Clinical psychological services

(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.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 505.18