EDU-53-13-00006-EP Duration of Limited Permits for Applicants Seeking Licensure as Mental Health Practitioners  

  • 12/31/13 N.Y. St. Reg. EDU-53-13-00006-EP
    NEW YORK STATE REGISTER
    VOLUME XXXV, ISSUE 53
    December 31, 2013
    RULE MAKING ACTIVITIES
    EDUCATION DEPARTMENT
    EMERGENCY/PROPOSED RULE MAKING
    NO HEARING(S) SCHEDULED
     
    I.D No. EDU-53-13-00006-EP
    Filing No. 1226
    Filing Date. Dec. 17, 2013
    Effective Date. Dec. 17, 2013
    Duration of Limited Permits for Applicants Seeking Licensure as Mental Health Practitioners
    PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
    Proposed Action:
    Amendment of sections 79-9.4, 79-10.4, 79-11.4 and 79-12.4 of Title 8 NYCRR.
    Statutory authority:
    Education Law, sections 207 (not subdivided), 6501 (not subdivided), 6504 (not subdivided), 6507(2)(a), 6508(1), 8409(2); and L. 2013, ch. 485
    Finding of necessity for emergency rule:
    Preservation of public health and general welfare.
    Specific reasons underlying the finding of necessity:
    The purpose of the proposed amendment is to implement Chapter 485 of the Laws of 2013, which took effect on November 13, 2013. This amendment to the Education Law provides limited permit holders a total of four years to meet the requirements for licensure as a mental health counselor, marriage and family therapist, creative arts therapist or psychoanalyst. Prior to the enactment of Chapter 485, the law authorized a maximum duration of three years for a limited permit in mental health counseling and a maximum of two years for a limited permit in marriage and family therapy, creative arts therapy and psychoanalysis. For some applicants, this has been an insufficient time period for them to complete the supervised experience and examination requirements for licensure in these professions. When the limited permit expires, the applicant may no longer practice any of the aforementioned professions or use the restricted title, making it difficult, if not impossible for the applicant to ever qualify for licensure in New York State.
    Because the Board of Regents meets at fixed intervals, the earliest the proposed amendment can be presented for adoption on a non-emergency basis, after expiration of the required 45-day public comment period provided for in the State Administrative Procedure Act (SAPA) section 202(1) and (5), would be the March 10-11, 2014 Regents meeting. Furthermore, pursuant to SAPA section 203(1), the earliest effective date of the proposed amendment, if adopted at the March meeting, would be March 26, 2014, the date a Notice of Adoption would be published in the State Register. However, the provisions of Chapter 485 of the Laws of 2013 became effective November 13, 2013.
    Emergency action is necessary for the preservation of the public health and general welfare in order to enable the State Education Department to immediately establish requirements to timely implement Chapter 485 of the Laws of 2013, so that applicants for licensure have the ability to obtain additional time to meet the experience and examination requirements for licensure, which will increase the number of licensed professionals qualified to practice mental health counseling, marriage and family therapy, creative arts therapy and psychoanalysis.
    Subject:
    Duration of limited permits for applicants seeking licensure as mental health practitioners.
    Purpose:
    To conform to the Regulations of the Commissioner of Education to chapter 485 of the Laws of 2013.
    Text of emergency/proposed rule:
    1. Subdivision (c) of section 79-9.4 of the Regulations of the Commissioner of Education is amended, effective December 17, 2013, as follows:
    (c) The limited permit in mental health counseling shall be valid for a period of not more than 24 months, provided that the limited permit may be extended for [an] no more than two additional 12 [months] month periods at the discretion of the department if the department determines that the permit holder has made good faith efforts to successfully complete the examination and/or experience requirements [within the first 24 months] but has not passed the licensing examination or completed the experience requirement, or has other good cause as determined by the department for not completing the examination and/or experience requirement [within the first 24 months], and provided further that the time authorized by such limited permit and subsequent [extension] extensions shall not exceed [36] 48 months total.
    2. Subdivision (c) of section 79-10.4 of the Regulations of the Commissioner of Education is amended, effective December 17, 2013, as follows:
    (c) The limited permit in marriage and family therapy shall be valid for a period of not more than [12] 24 months, provided that the limited permit may be extended for [an] no more than two additional 12 [months] month periods at the discretion of the department if the department determines that the permit holder has made good faith efforts to successfully complete the examination and/or experience requirements [within the first 12 months] but has not passed the licensing examination or completed the experience requirement, or has other good cause as determined by the department for not completing the examination and/or experience requirement [within the first 12 months], and provided further that the time authorized by such limited permit and subsequent [extension] extensions shall not exceed [24] 48 months total.
    3. Subdivision (c) of section 79-11.4 of the Regulations of the Commissioner of Education is amended, effective December 17, 2013, as follows:
    (c) The limited permit in creative arts therapy shall be valid for a period of not more than [12] 24 months, provided that the limited permit may be extended for [an] no more than two additional 12 [months] month periods at the discretion of the department if the department determines that the permit holder has made good faith efforts to successfully complete the examination and/or experience requirements [within the first 12 months] but has not passed the licensing examination or completed the experience requirement, or has other good cause as determined by the department for not completing the examination and/or experience requirement [within the first 12 months], and provided further that the time authorized by such limited permit and subsequent [extension] extensions shall not exceed [24] 48 months total.
    4. Subdivision (c) of section 79-12.4 of the Regulations of the Commissioner of Education is amended, effective December 17, 2013, as follows:
    (c) The limited permit in psychoanalysis shall be valid for a period of not more than [12] 24 months, provided that the limited permit may be extended for [an] no more than two additional 12 [months] month periods at the discretion of the department if the department determines that the permit holder has made good faith efforts to successfully complete the examination and/or experience requirements [within the first 12 months] but has not passed the licensing examination or completed the experience requirement, or has other good cause as determined by the department for not completing the examination and/or experience requirement [within the first 12 months], and provided further that the time authorized by such limited permit and subsequent [extension] extensions shall not exceed [24] 48 months total.
    This notice is intended:
    to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire March 16, 2014.
    Text of rule and any required statements and analyses may be obtained from:
    Mary Gammon, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, email: legal@mail.nysed.gov
    Data, views or arguments may be submitted to:
    Office of the Professions, Office of the Deputy Commissioner, State Education Department, State Education Building, 2M, 89 Washington Ave., Albany, NY 12234, (518) 486-1765, email: opdepcom@mail.nysed.gov
    Public comment will be received until:
    45 days after publication of this notice.
    This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.
    Regulatory Impact Statement
    1. STATUTORY AUTHORITY:
    Section 207 of the Education Law grants general rule making authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.
    Section 6501 of the Education Law provides that, to qualify for admission to a profession, an applicant must meet the requirements prescribed in the article of the Education Law that pertains to the particular profession.
    Section 6504 of the Education Law authorizes the Board of Regents to supervise the admission to and regulation of the practice of the professions.
    Paragraph (a) of subdivision (2) of section 6507 of the Education Law authorizes the Commissioner of Education to promulgate regulations in administering the admission to and the practice of the professions.
    Subdivision (1) of section 6508 of the Education Law authorizes the state boards for the professions to assist the Board of Regents and the State Education Department on matters of professional licensing, practice, and conduct.
    Subdivision (2) of section 8409 of the Education Law, as amended by Chapter 485 of the Laws of 2013, standardizes the duration of limited permits for applicants seeking licensure as a mental health counselor, marriage and family therapist, creative arts therapist or psychoanalyst at two years for the initial permit with the possibility of up to two one-year extensions, at the discretion of the Department.
    2. LEGISLATIVE OBJECTIVES:
    The proposed amendment carries out the intent of, and conforms the Regulations of the Commissioner of Education to, Chapter 485 of the Laws of 2013 that amended Article 163 of the Education Law by standardizing the duration of limited permits for applicants seeking licensure as a mental health counselor, marriage and family therapist, creative arts therapist or psychoanalyst at two years for the initial permit with the possibility of two one-year extensions, at the discretion of the Department.
    3. NEEDS AND BENEFITS:
    An individual seeking license in New York State as a mental health counselor, marriage and family therapist, creative arts therapist or psychoanalyst must meet requirements for education, supervised experience and examination, acceptable to the State Education Department. In order to provide clinical services in New York State to meet the experience requirements, an applicant for licensure in each of the above-referenced professions needs a limited permit from the State Education Department.
    When Article 163 was enacted in 2002, the law authorized the State Education Department to issue a two-year limited permit to an applicant in mental health counseling and a one-year limited permit to an applicant in marriage and family therapy, creative arts therapy, and psychoanalysis, to practice under a qualified supervisor in an authorized setting while meeting the experience and examination requirements. The law and implementing regulations allowed the State Education Department to grant a one-year extension, upon application and payment of fee, to an applicant in any of these professions, if the applicant had made good faith efforts to meet the experience and examination requirements during the initial permit period.
    While many applicants were able to complete the required experience in the time periods specified in law, there have been a number of applicants who could not do so. On November 13, 2013, the Governor signed Chapter 485 of the Laws of 2013, which provides applicants in each of these professions a total of four years under a limited permit to meet the experience and examination requirements for licensure. The initial permit will be valid for two years, and the Department may renew the permit for up to two additional one-year periods. The applicant/limited permit holder will continue to practice in a setting that is authorized to provide professional services under a supervisor who is licensed and registered to practice under the Education Law. This will protect the citizens who receive services from these applicants/limited permit holders, while providing additional time for those applicants/limited permit holders to meet the experience and examination requirements for entry into the profession. The new law became effective immediately. The proposed amendment is necessary to conform the Commissioner’s Regulations with Education Law section 8409, as amended by Chapter 485 of the Laws of 2013.
    4. COSTS:
    (a) Costs to State government: The proposed amendment will not impose any additional cost on State government, including the State Education Department, over and above the costs imposed by Article 163 of the Education Law for administering these professions.
    (b) Cost to local government: The proposed amendment relates to meeting requirements for licensure as a mental health counselor, marriage and family therapist, creative arts therapist or psychoanalyst. The regulation will not impose additional costs on local government.
    (c) Cost to private regulated parties: The proposed amendment will not impose any other costs on applicants for the licenses over and above those imposed by Article 163 of the Education Law, as amended by Chapter 485 of the Laws of 2013.
    (d) Cost to the regulatory agency: As stated above in Costs to State government, the proposed regulation does not impose costs on the State Education Department beyond those imposed by statute.
    5. LOCAL GOVERNMENT MANDATES:
    The proposed amendment implements the requirements of Chapter 485 that amended Article 163 of the Education Law in regard to the duration of limited permits that may be issued to an applicant for licensure as a mental health counselor, marriage and family therapist, creative arts therapist or psychoanalyst. The proposed amendment does not impose any program, service, duty or responsibility upon local governments.
    6. PAPERWORK:
    The proposed amendment imposes no additional reporting or recordkeeping requirements beyond those imposed by Article 163 of the Education Law. In accordance with Article 163, applicants for licensure will be required to submit to the State Education Department an application and fee for the initial, two-year limited permit and, if appropriate, up to two one-year extensions.
    7. DUPLICATION:
    The proposed amendment does not duplicate other existing State or Federal requirements, and is necessary to implement Chapter 485 of the Laws of 2013.
    8. ALTERNATIVES:
    The proposed amendment is necessary to conform the Regulations of the Commissioner of Education to Chapter 485 of the Laws of 2013 in regard to the duration of limited permits available to an applicant for licensure as a mental health counselor, marriage and family therapist, creative arts therapist or psychoanalyst who is practicing in an authorized setting under a supervisor who is licensed and registered to practice under the Education Law, while meeting the experience and/or examination requirements for licensure. There are no significant alternatives to the proposed amendment that would be consistent with Chapter 485 and none were considered.
    9. FEDERAL STANDARDS:
    Since there are no applicable federal standards for the licensure of mental health counselors, marriage and family therapists, creative arts therapists or psychoanalysts, the proposed amendment does not exceed any minimum federal standards for the same or similar subject areas.
    10. COMPLIANCE SCHEDULE:
    The proposed amendment is necessary to conform the Regulations of the Commissioner of Education to Chapter 485 of the Laws of 2013. The effective date of Chapter 485 of the Laws of 2013 is November 13, 2013. The proposed amendment was adopted by the Board of Regents on an emergency basis effective December 17, 2013 and is expected to be presented for permanent adoption at the March 10-11, 2014 Regents meeting, with an effective date of March 26, 2014. It is anticipated that applicants for licensure or certification will be able to comply with the proposed amendment by the effective date.
    Regulatory Flexibility Analysis
    The proposed amendment to the Regulations of the Commissioner of Education implements the provisions of Chapter 485 of the Laws of 2013, which amended Article 163 of the Education Law in regard to the duration of limited permits issued by the State Education Department to individuals seeking licensure as mental health counselors, marriage and family therapists, creative arts therapists and psychoanalysts. The amendment will not impose any new reporting, recordkeeping, or other compliance requirements, or have any adverse economic impact, on small businesses or local governments. Because it is evident from the nature of the proposed amendment that it will not adversely affect small businesses or local governments, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses and local governments is not required, and one has not been prepared.
    Rural Area Flexibility Analysis
    1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
    The proposed amendment will apply to applicants seeking licensure as mental health counselors, marriage and family therapists, creative arts therapists and psychoanalysts in New York State. The proposed amendment implements the provisions of Chapter 485 of the Laws of 2013 that, effective November 13, 2013, changed the duration of limited permits that authorize the applicant to practice the profession under the supervision of a qualified supervisor, while meeting the experience and/or examination requirements for licensure. Applicants for licensure in these fields include individuals located in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less.
    2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
    An individual seeking license in New York State as a mental health counselor, marriage and family therapist, creative arts therapist or psychoanalyst must meet requirements for education, supervised experience and examination, acceptable to the State Education Department. In order to provide clinical services in New York State to meet the experience requirements, an applicant for licensure in each of the above-referenced professions needs a limited permit from the State Education Department.
    When Article 163 was enacted in 2002, the law authorized the State Education Department to issue a two-year limited permit to an applicant in mental health counseling and a one-year limited permit to an applicant in marriage and family therapy, creative arts therapy, and psychoanalysis, to practice under a qualified supervisor in an authorized setting while meeting the experience and examination requirements. The law and implementing regulations allowed the State Education Department to grant a one-year extension, upon application and payment of fee, to an applicant in any of these professions, if the applicant had made good faith efforts to meet the experience and examination requirements during the initial permit period.
    While many applicants were able to complete the required experience in the time periods specified in law, there have been a number of applicants who could not do so. On November 13, 2013, the Governor signed Chapter 485 of the Laws of 2013, which provides applicants in each of these professions up to a possible total of four years under a limited permit to meet the experience and examination requirements for licensure. The initial permit will be valid for two years, and the Department may renew the permit for up to two additional one-year periods. The applicant/limited permit holder will continue to practice in a setting that is authorized to provide professional services under a supervisor who is licensed and registered to practice under the Education Law. This will protect the citizens who receive services from these applicants/limited permit holders, while providing additional time for those applicants/limited permit holders to meet the experience and examination requirements for entry into the profession. The new law became effective immediately.
    The proposed amendment is necessary to conform the Commissioner’s Regulations with Education Law section 8409, as amended by Chapter 485 of the Laws of 2013. The proposed amendment does not impose any additional reporting, recordkeeping, or other compliance requirements on licensees, including those located in rural areas, beyond those currently imposed by regulation. In addition, the proposed amendment does not require regulated parties to hire professional services in order to comply.
    3. COSTS:
    The proposed amendment does not impose any additional costs on regulated parties, including those in rural areas, beyond those currently required to comply with statutory and regulatory requirements for licensure as a mental health counselor, marriage and family therapist, creative arts therapist or psychoanalyst.
    4. MINIMIZING ADVERSE IMPACT:
    The proposed amendment is necessary to conform the Commissioner’s Regulations with Education Law section 8409, as amended by Chapter 485 of the Laws of 2013. The proposed amendment extends to up to a possible total of four years the amount of time available to an applicant for licensure as a mental health counselor, marriage and family therapist, creative arts therapist or psychoanalyst in New York State to meet the supervised experience and examination requirements. These requirements are in place to ensure competency of licensed professionals and thereby safeguard the public. Due to the nature of the proposed amendment, the State Education Department does not believe it to be warranted to establish different requirements for applicants located in rural areas.
    5. RURAL AREAS PARTICIPATION:
    Comments on the proposed amendment were solicited from the State Board for Mental Health Practitioners and from statewide professional associations whose memberships include individuals who live or work in rural areas.
    6. INITIAL REVIEW OF RULE (SAPA § 207):
    Pursuant to State Administrative Procedure Act section 207(1)(b), the State Education Department proposes that the initial review of this rule shall occur in the fifth calendar year after the year in which the rule is adopted, instead of in the third calendar year. The justification for a five year review period is that the proposed amendment is necessary to implement statutory requirements in Chapter 485 of the Laws of 2013 and therefore the substantive provisions of the proposed amendment cannot be repealed or modified unless there is a further statutory change. Accordingly, there is no need for a shorter review period. The State Education Department invites public comment on the proposed five year review period for this rule. Comments should be sent to the agency contact listed in item 16. of the Notice of Emergency Adoption and Proposed Rule Making published herewith, and must be received within 45 days of the State Register publication date of the Notice.
    Job Impact Statement
    Article 163 of the Education Law establishes a requirement that mental health counselors, marriage and family therapists, creative arts therapists and psychoanalysts be licensed to practice in New York State. The proposed amendment to the Regulations of the Commissioner of Education implements the requirements of Chapter 485 of the Laws of 2013 that amended Article 163 of the Education Law in regard to the duration of limited permits issued by the State Education Department. The limited permit allows an applicant for licensure as a mental health counselor, marriage and family therapist, creative arts therapist or psychoanalyst to practice their respective professions, in an authorized setting under a supervisor who is licensed and registered to practice under the Education Law, while meeting the experience and/or examination requirements for licensure in New York State. Chapter 485 of the Laws of 2013 provides applicants in each of these professions up to a possible total of four years under a limited permit to meet the experience and/or examination requirements for licensure. The amendment will not have a substantial adverse impact on jobs and employment opportunities. Because it is evident from the nature of the proposed amendment that it will not affect job and employment opportunities, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required, and one has not been prepared.

Document Information

Effective Date:
12/17/2013
Publish Date:
12/31/2013