New York · State research dossier

New York practice guidance

New York regulates the five guide professions through the State Education Department, with material credential, acceptable-setting, diagnostic-privilege, professional-entity, telepractice, program-licensing, privacy, and locality distinctions.

Public research guide—not professional advice.Verified against the cited official sources on 2026-08-11. Informational only; not legal, clinical, employment, tax, or billing advice.Editorially cross-checked by a second research agent. Professional approval was confirmed by the project owner on 2026-08-11; reviewer identity and credentials are retained outside this public guide.This remains informational research—not legal, clinical, employment, tax, or billing advice, and not approval by a regulator, licensing board, or payer.
Source verification
2026-08-11
Next scheduled review
2026-09-11
Independent cross-check
Cross-checked
Professional review
Approved — owner attested

Scope before answers

Who this guide is for

Practice owners, operations leaders, supervisors, and clinicians evaluating work in New York.

Coverage

  • Professional authority, credentials, and supervised practice
  • Telepractice, entity, privacy, employment, payer, and facility operations
  • Current implementation issues and official-source conflicts

Limitations

  • This guide does not determine whether a rule applies to a particular person or organization.
  • Payer contracts, facilities, employers, local governments, and federal law may add requirements.

Current and future authority

Transitions and conflicts

Future-effective, proposed, and conflicting sources are labeled instead of being blended into current requirements.

Regulator and credential map

Choose the profession before the rule

Each dossier keeps credential, supervision, cross-border, entity, client, records, renewal, and discipline research tied to the correct authority.

LMHC · Mental Health Counselor Limited Permit · Diagnostic Privilege

Counselors

New York requires authority to practice mental health counseling, uses a supervised limited-permit route, and separately regulates diagnosis and assessment-based treatment planning through the diagnostic privilege.

Regulator
New York State Education Department, State Board for Mental Health Practitioners

LMFT · Marriage and Family Therapist Limited Permit · Diagnostic Privilege

Marriage and family therapists

Marriage and family therapy is separately licensed, with its own education, supervised-experience, limited-permit, diagnostic-privilege, and telepractice analysis.

Regulator
New York State Education Department, State Board for Mental Health Practitioners

LMSW · LCSW · Limited Permit

Social workers

New York separates master social work from independent clinical social work; clinical work by an LMSW depends on authorized supervision and an acceptable setting.

Regulator
New York State Education Department, State Board for Social Work

Psychologist · Limited Permit

Psychologists

New York psychologist licensure is doctoral-level, includes supervised experience and examination requirements, and uses a limited permit for qualifying supervised practice.

Regulator
New York State Education Department, State Board for Psychology

LBA · CBAA · Limited Permit

Behavior analysts

New York licenses behavior analysts and certifies assistants, restricts diagnosis and prescribing, and has a material conflict between current statutory text and older agency FAQ language.

Regulator
New York State Education Department, State Board for Applied Behavior Analysis

Entity · workforce · privacy · payer · facility

Practice operations

New York launch analysis must connect professional-entity restrictions, client-location telepractice, security and breach duties, workforce and locality rules, payer requirements, and OMH program-licensing boundaries.

State launch checklist

Save evidence, not just answers

Public worksheets

Seven source-linked working tools

Print a blank copy or check items locally in this browser. No worksheet information is submitted to the site.

State practice launch checklistWS-NY-PRACTICE-LAUNCH · printable

Sequence authority, credential, entity, payer, facility, privacy, and locality checks before opening.

Credential and license-maintenance checklistWS-NY-LICENSE-MAINTENANCE · printable

Track verification, renewal, continuing education, audits, inactive status, and reinstatement.

Telehealth and cross-border decision treeWS-NY-TELEHEALTH · printable

Document the client location, practitioner authority, registration or privilege, consent, emergency plan, and payer rule.

Entity and ownership checklistWS-NY-ENTITY · printable

Review entity form, ownership, naming, registration, referrals, and fee-sharing boundaries.

Hiring and supervision checklistWS-NY-HIRING-SUPERVISION · printable

Collect credential evidence and document role, supervision, setting, hours, reporting, and payer enrollment.

Records, privacy, and breach-response checklistWS-NY-PRIVACY-BREACH · printable

Map state privacy, HIPAA, retention, access, security, breach, closure, and continuity duties.

Facility and payer applicability decision treeWS-NY-FACILITY-PAYER · printable

Determine whether a private office is also a regulated program or facility and confirm payer enrollment and billing routes.

Source inspector and freshness ledger

Controlling official sources

Open any record to inspect its authority type, identifier, effective date, verification date, next review, and direct official link.

CurrentMental Health Counselor License RequirementsNew York State Education Department
Source ID
SRC-NY-MHC
Authority type
Regulator guidance
Accessed
2026-08-11
Verified
2026-08-11
Next review
2026-09-11
Effective
See source
Open official source
CurrentDiagnostic Privilege for Mental Health PractitionersNew York State Education Department
Source ID
SRC-NY-DIAG
Authority type
Regulator guidance
Accessed
2026-08-11
Verified
2026-08-11
Next review
2026-09-11
Effective
See source
Open official source
CurrentMarriage and Family Therapist License RequirementsNew York State Education Department
Source ID
SRC-NY-MFT
Authority type
Regulator guidance
Accessed
2026-08-11
Verified
2026-08-11
Next review
2026-09-11
Effective
See source
Open official source
CurrentLicensed Master Social Worker RequirementsNew York State Education Department
Source ID
SRC-NY-LMSW
Authority type
Regulator guidance
Accessed
2026-08-11
Verified
2026-08-11
Next review
2026-09-11
Effective
See source
Open official source
CurrentLicensed Clinical Social Worker RequirementsNew York State Education Department
Source ID
SRC-NY-LCSW
Authority type
Regulator guidance
Accessed
2026-08-11
Verified
2026-08-11
Next review
2026-09-11
Effective
See source
Open official source
CurrentPsychology License RequirementsNew York State Education Department
Source ID
SRC-NY-PSY
Authority type
Regulator guidance
Accessed
2026-08-11
Verified
2026-08-11
Next review
2026-09-11
Effective
See source
Open official source
CurrentArticle 167 Applied Behavior AnalysisNew York State Legislature
Source ID
SRC-NY-BA-LAW
Authority type
Statute
Accessed
2026-08-11
Verified
2026-08-11
Next review
2026-09-11
Effective
See source
Open official source
CurrentBehavior Analyst License and Certification RequirementsNew York State Education Department
Source ID
SRC-NY-BA-REQ
Authority type
Regulator guidance
Accessed
2026-08-11
Verified
2026-08-11
Next review
2026-09-11
Effective
See source
Open official source
Conflicting authorityBehavior Analyst Frequently Asked QuestionsNew York State Education Department
Source ID
SRC-NY-BA-FAQ
Authority type
Regulator guidance
Accessed
2026-08-11
Verified
2026-08-11
Next review
2026-09-11
Effective
See source
Open official source
CurrentTelepractice GuidanceNew York State Education Department
Source ID
SRC-NY-TELE
Authority type
Regulator guidance
Accessed
2026-08-11
Verified
2026-08-11
Next review
2026-09-11
Effective
See source
Open official source
CurrentCorporate Practice of the ProfessionsNew York State Education Department
Source ID
SRC-NY-ENTITY
Authority type
Regulator guidance
Accessed
2026-08-11
Verified
2026-08-11
Next review
2026-09-11
Effective
See source
Open official source
CurrentGeneral Business Law Section 899-bbNew York State Legislature
Source ID
SRC-NY-SHIELD
Authority type
Statute
Accessed
2026-08-11
Verified
2026-08-11
Next review
2026-09-11
Effective
See source
Open official source
CurrentData Breach ReportingNew York Department of State
Source ID
SRC-NY-BREACH
Authority type
Regulator guidance
Accessed
2026-08-11
Verified
2026-08-11
Next review
2026-09-11
Effective
See source
Open official source
CurrentIndependent ContractorsNew York State Department of Labor
Source ID
SRC-NY-LABOR
Authority type
Regulator guidance
Accessed
2026-08-11
Verified
2026-08-11
Next review
2026-09-11
Effective
See source
Open official source
CurrentBureau of Inspection and CertificationNew York State Office of Mental Health
Source ID
SRC-NY-OMH
Authority type
Regulator guidance
Accessed
2026-08-11
Verified
2026-08-11
Next review
2026-09-11
Effective
See source
Open official source
CurrentTelehealth Insurance Provider InformationNew York State Department of Financial Services
Source ID
SRC-NY-DFS
Authority type
Payer guidance
Accessed
2026-08-11
Verified
2026-08-11
Next review
2026-09-11
Effective
See source
Open official source
ProposedSenate Bill S3915New York State Senate
Source ID
SRC-NY-COMPACT-BILL
Authority type
Official bill or register
Accessed
2026-08-11
Verified
2026-08-11
Next review
2026-09-11
Effective
See source
Open official source

Recent changes

Change log

  • — The diagnostic-privilege pathway became available to eligible mental health counselors, marriage and family therapists, and psychoanalysts.

Unresolved

Open questions

  • How will NYSED reconcile its behavior-analysis FAQ with current Article 167?
  • Will pending compact legislation be enacted and made operational?
  • Does the proposed service model cross the OMH operating-certificate boundary?

Monitoring

Review cadence

  • Weekly during active legislation, rulemaking, compact launches, and implementation transitions.
  • Monthly for board, application, fee, payer, facility, and compact sources.
  • Quarterly for entity, privacy, breach, employment, and locality sources.
  • Immediate recheck after a legal or agency change; annual end-to-end audit.

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