Home » 2010 Issues » March 31, 2010 » EDU-13-10-00006-P Requirements for Mental Health Counselors, Marriage and Family Therapists, Creative Arts Therapists and Psychoanalysts
EDU-13-10-00006-P Requirements for Mental Health Counselors, Marriage and Family Therapists, Creative Arts Therapists and Psychoanalysts
3/31/10 N.Y. St. Reg. EDU-13-10-00006-P
NEW YORK STATE REGISTER
VOLUME XXXII, ISSUE 13
March 31, 2010
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. EDU-13-10-00006-P
Requirements for Mental Health Counselors, Marriage and Family Therapists, Creative Arts Therapists and Psychoanalysts
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of Subparts 79-9, 79-10, 79-11 and 79-12 of Title 8 NYCRR.
Requirements for mental health counselors, marriage and family therapists, creative arts therapists and psychoanalysts.
Purpose:
Implement requirements of Article 163 of the Education Law and establishes endorsement provisions.
Substance of proposed rule (Full text is posted at the following State website:www.op.nysed.gov):
The Commissioner of Education proposes to promulgate regulations, relating to licensure as mental health counselors, marriage and family therapists, creative arts therapists and psychoanalysts in New York State. The following is a summary of the substance of the regulations.
Mental Health Counselor
Experience
Section 79-9.3(a) requires the applicant to complete at least 1,500 clock hours of direct client contact as part of the 3,000 clock hour requirement for licensure with the remaining hours in activities that do not require client contact.
Section 79-9.3(b) requires that experience completed in New York be under a limited permit issued by the department and provides that experience in another jurisdiction may be accepted if completed in an authorized setting under a qualified supervisor, as determined by the department.
Section 79-9.3(c)(1) requires an applicant to be under the general supervision of a qualified supervisor who shall provide supervision for an average of one hour per week or two hours every other week. The supervisor shall review the applicant's assessment, evaluation and treatment of each client and provide oversight to the applicant in developing skills as a mental health counselor.
Section 79-9.3(c)(2) requires the supervisor to be licensed and registered as a mental health counselor, physician, physician's assistant, psychologist, licensed clinical social worker, registered professional nurse or nurse practitioner, and eliminates the requirement for three years of licensed practice to qualify as a supervisor.
Section 79-9.3(d)(1) defines an acceptable setting for the supervised practice of mental health counseling as setting that is authorized to provide mental health counseling services, including a professional business entity authorized to provide services in mental health counseling, sole proprietorship or professional partnership owned by licensees who provide services that are within the scope of practice of mental health counseling services, a hospital or clinic authorized under the public health law, program or facility authorized under the mental hygiene law, program or facility authorized under federal law or an entity defined as exempt or otherwise authorized.
Section 79-9.3(d)(2) requires the setting to provide adequate supervision to the applicant gaining experience.
Section 79-9.3(e) requires the licensed supervisor to submit verification of the applicant's supervised experience and to produce a log of hours, if requested.
Limited Permit
Section 79-9.4(a)(2) is amended to clarify that the applicant for a permit must meet the moral character and education requirements to be eligible for a permit.
Section 79-9.4(b) is amended to clarify that the permit is issued for a specific setting, under a qualified supervisor, who provides general supervision of the permit holder. The supervisor shall be responsible for appropriate oversight over services provided by the permit holder and no supervisor shall supervise more than five permit holders at one time.
Endorsement
A new section 79-9.7 is added to the Regulations of the Commissioner of Education to establish requirements for endorsement of a license to practice mental health counseling issued by another jurisdiction.
Marriage and Family Therapist
Experience
Section 79-10.3(a) requires the applicant to complete 1,500 clock hours of direct client contact to meet the 1,500 clock hour requirement for licensure. Any experience completed in New York be under a limited permit issued by the department and provides that experience in another jurisdiction may be accepted if completed in an authorized setting under a qualified supervisor, as determined by the department.
Section 79-10.3(d)(1) requires the applicant to be under the general supervision of a qualified supervisor who shall provide supervision for an average of one hour per week or two hours every other week. The supervisor shall review the applicant's assessment, evaluation and treatment of each client and provide oversight to the applicant in developing skills as a marriage and family therapist.
Section 79-10.3(d)(2) requires the supervisor to be licensed and registered as a marriage and family therapist, physician, physician's assistant, psychologist, licensed clinical social worker, registered professional nurse or nurse practitioner, and eliminates the requirement for three years of licensed practice to qualify as a supervisor.
Section 79-10.3(e)(1) defines an acceptable setting for the supervised practice of marriage and family therapy as a setting that is authorized to provide marriage and family therapy services, including a professional business entity authorized to provide services within scope of practice of marriage and family therapy, a sole proprietorship or professional partnership owned by licensees who provide services that are within the scope of practice of marriage and family therapy, a hospital or clinic authorized under the public health law, program or facility authorized under the mental hygiene law, program or facility authorized under federal law or an entity defined as exempt or otherwise authorized.
Section 79-10.3(e)(2) requires the setting to provide adequate supervision to the applicant gaining experience.
Section 79-10.3(f) requires the licensed supervisor to submit verification of the applicant's supervised experience and to produce a log of hours, if requested.
Limited Permit
Section 79-10.4(a)(2) is amended to clarify that the applicant for a permit must meet the moral character and education requirements to be eligible for a permit.
Section 79-10.4(b) is amended to clarify that the permit is issued for a specific setting, under a qualified supervisor, who provides general supervision of the permit holder. The supervisor shall be responsible for appropriate oversight of all services provided by the permit holder and no supervisor shall supervise more than five permit holders at one time.
Endorsement
A new section 79-10.7 is added to the Regulations of the Commissioner of Education to establish requirements for endorsement of a license to practice marriage and family therapy issued by another jurisdiction.
Creative Arts Therapist
Experience
Section 79-11.3(a) requires the applicant to complete not less than 1,000 clock hours of direct client contact as part of the 1,500 clock hour requirement for licensure with the remaining hours in activities that do not require client contact.
Section 79-11.3(b) requires that experience completed in New York be under a limited permit issued by the department and provides that experience in another jurisdiction may be accepted if completed in an authorized setting under a qualified supervisor, as determined by the department.
Section 79-11.3(c)(1) requires the applicant to be under the general supervision of a qualified supervisor who shall provide supervision for an average of one hour per week or two hours every other week. The supervisor shall review the applicant's assessment, evaluation and treatment of each client and provide oversight to the applicant in developing skills as a creative arts therapist.
Section 79-11.3(c)(2) requires the supervisor to be licensed and registered as a creative arts therapist, physician, physician's assistant, psychologist, licensed clinical social worker, registered professional nurse or nurse practitioner, and eliminates the requirement for three years of licensed practice to qualify as a supervisor.
Section 79-11.3(d)(1) defines an acceptable setting for the supervised practice of creative arts therapy as setting that is authorized to provide creative arts therapy services, including a professional business entity authorized to provide services within scope of practice of creative arts therapy, sole proprietorship or professional partnership owned by licensees who provide services that are within the scope of practice of creative arts therapy, a hospital or clinic authorized under the public health law, program or facility authorized under the mental hygiene law, program or facility authorized under federal law or an entity defined as exempt or otherwise authorized.
Section 79-11.3(d)(2) requires the setting to provide appropriate supervision to the applicant gaining experience.
Section 79-11.3(e) requires the licensed supervisor to submit verification of the applicant's supervised experience and to produce a log of hours, if requested.
Limited Permit
Section 79-11.4(a)(2) is amended to clarify that the applicant for a permit must meet the moral character and education requirements to be eligible for a permit.
Section 79-11.4(b) is amended to clarify that the permit is issued for a specific setting, under a qualified supervisor, who provides general supervision of the permit holder. The supervisor shall be responsible for providing appropriate oversight over services provided by the permit holder and no supervisor shall supervise more than five permit holders at one time.
Endorsement
A new section 79-11.7 is added to the Regulations of the Commissioner of Education to establish requirements for endorsement of a license to practice creative arts therapy issued by another jurisdiction.
Psychoanalysis
Experience
Section 79-12.3(a) requires the applicant to complete not less than 750 clock hours of direct client contact as part of the 1,500 clock hour requirement for licensure with the remaining hours in activities that do not require client contact experience.
Section 79-12.3(b) requires that experience completed in New York be under a limited permit issued by the department and provides that experience in another jurisdiction may be accepted if completed in an authorized setting under a qualified supervisor, as determined by the department.
Section 79-12.3(c) requires the applicant to be under the general supervision of a qualified supervisor who shall provide supervision for an average of one hour per week or two hours every other week. The supervisor shall review the applicant's assessment, evaluation and treatment of each client and provide oversight to the applicant in developing skills as a psychoanalyst.
Section 79-12.3(c)(2) requires the supervisor to be licensed and registered as a psychoanalyst, physician, physician's assistant, psychologist, licensed clinical social worker, registered professional nurse or nurse practitioner, and eliminates the requirement for three years of licensed practice to qualify as a supervisor.
Section 79-12.3(d)(1) defines an acceptable setting for the supervised practice of psychoanalysis as a setting that is authorized to provide psychoanalysis services, including a professional business entity authorized to provide services within the scope of practice of psychoanalysis, sole proprietorship or professional partnership owned by licensees who provide services that are within the scope of practice of psychoanalysis, a hospital or clinic authorized under the public health law, program or facility authorized under the mental hygiene law, program or facility authorized under federal law or an entity defined as exempt or otherwise authorized.
Section 79-12.3(d)(2) requires the setting to provide adequate supervision to the applicant gaining experience.
Section 79-12.3(e) requires the licensed supervisor to submit verification of the applicant's supervised experience and to produce a log of hours, if requested.
Limited Permit
Section 79-12.4(a)(2) is amended to clarify that the applicant for a permit must meet the moral character and education requirements to be eligible for a permit.
Section 79-12.4(b) is amended to clarify that the permit is issued for a specific setting, under a qualified supervisor, who provides general supervision of the permit holder. The supervisor shall be responsible for providing appropriate oversight over services provided by the permit holder and no supervisor shall supervise more than five permit holders at one time.
Endorsement
A new section 79-12.7 is added to the Regulations of the Commissioner of Education to establish requirements for endorsement of a license to practice psychoanalysis issued by another jurisdiction.
Text of proposed rule and any required statements and analyses may be obtained from:
Christine Moore, NYS Education Department, 89 Washington Avenue, Room 148 EB, Albany, NY 12234, (518) 473-8296, email: cmoore@mail.nysed.gov
Data, views or arguments may be submitted to:
Frank Munoz, Deputy Commissioner, Office of the Professions, NYS Education Department, Washington Avenue, 2M, Albany, NY 12234, (518) 474-1941, email: fmunoz@mail.nysed.gov
Public comment will be received until:
45 days after publication of this notice.
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 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 (6) of section 6506 of the Education Law authorizes the Board of Regents to indorse a license issued by a licensing board of another state or country upon the applicant fulfilling the requirements.
Paragraph (a) of subdivision (2) of section 6507 of the Education Law authorizes the Commissioner of Education to promulgate regulations relating to the professions.
Subdivision (1) of section 6508 of the Education Law authorizes the state boards for the professions to assist the Regents and the Department in matters of professional licensure and practice.
Paragraph (c) of subdivision (3) of section 8402 of the Education Law authorizes the State Education Department to establish standards for supervised experience that must be successfully completed by an applicant to qualify for a license as a mental health counselor.
Paragraph (c) of subdivision (3) of section 8403 of the Education Law authorizes the State Education Department to establish standards for supervised experience that must be successfully completed by an applicant to qualify for a license as a marriage and family therapist.
Paragraph (c) of subdivision (3) of section 8404 of the Education Law authorizes the State Education Department to establish standards for supervised experience that must be successfully completed by an applicant to qualify for a license as a creative arts therapist.
Paragraph (c) of subdivision (3) of section 8405 of the Education Law authorizes the State Education Department to establish standards for supervised experience that must be successfully completed by an applicant to qualify for a license as a psychoanalyst.
Subdivision (1) of section 8409 of the Education Law authorizes the State Education Department to establish standards for 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, who has met all requirements for licensure, except supervised experience and/or examination.
2. LEGISLATIVE OBJECTIVES:
The proposed regulation carries out the intent of Article 163 of the Education Law by clarifying existing experience and limited permit requirements for licensure as a mental health counselor, marriage and family therapist, creative arts therapist or psychoanalyst and by establishing new requirements for the endorsement of a license issued in another jurisdiction if the applicant meets certain education, experience and examination requirements and the applicant has at least 5 years of experience in that profession, satisfactory to the State Board of Mental Health Practitioners, within the 10 years immediately preceding their application for licensure by endorsement.
3. NEEDS AND BENEFITS:
In 2002, Article 163 was added to the Education Law to authorize the licensure and practice of mental health counselors, marriage and family therapists, creative arts therapists and psychoanalysts. The Board of Regents adopted regulations in 2005 to implement the provisions of Article 163 of the Education Law.
The proposed amendment changes current regulations in each of these professions in three major areas. First, the proposed amendment amends the experience requirements for licensure in each of these professions by requiring applicants to obtain experience under the general supervision of a qualified supervisor. The proposed amendment defines general supervision, requires a certain amount of clock hours of the supervised experience to consist of direct contact with clients, and requires that any supervised experience be performed by an applicant under a limited permit issued by the department. This ensures that the applicant is receiving appropriate supervision from a qualified supervisor in a setting that is authorized to provide services that are restricted under Title VIII of the Education.
The proposed amendment also eliminates the requirement that the individual supervising an applicant's experience have three years of licensed experience in the practice of the profession and defines what is considered an appropriate setting to receive licensure-qualifying experience in each of these professions. Due to the recent creation of these four mental health professions, the State Board has notified the Department of shortages in qualified supervisors because of the three-year experience requirement for supervisors. Eliminating the three-year requirement will decrease the shortages in qualified supervisors and be consistent with other professions.
Secondly, the proposed amendment clarifies that the Department will issue a limited permit to an applicant to practice under supervision while meeting the experience and/or examination requirements for licensure in these professions and that the limited permit shall identify a qualified supervisor. The proposed amendment requires that the permit identify a qualified supervisor acceptable to the department, and prohibits a supervisor from supervising more than five permit holders at a time, which reflects the significant role of the supervisor in overseeing the practice of permit holders.
Finally, a new section will be added to the existing regulations in each of these professions to allow the Department to endorse a license issued in another jurisdiction if the applicant meets certain education, experience and examination requirements and the applicant has at least 5 years of experience in that profession, satisfactory to the State Board of Mental Health Practitioners, within the 10 years immediately preceding their application for licensure by endorsement.
4. COSTS:
(a) Costs to State government: The proposed regulations 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 establishes 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 regulation will not impose any other costs on applicants for the licenses over and above those imposed by Article 163 of the Education Law. The proposed regulation simply clarifies the standards for acceptable experience and the issuance of limited permits, and provides an option for endorsement of a professional license for certain applicants seeking licensure in New York.
(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 regulation implements the requirements of Article 163 of the Education Law by establishing educational standards that individuals must meet to be licensed as a mental health counselor, marriage and family therapist, creative arts therapist or psychoanalyst. Therefore, the proposed regulation does not impose any program, service, duty or responsibility upon local governments.
6. PAPERWORK:
The proposed regulation 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 evidence satisfactory to meet the licensure requirements and licensed supervisors will be required to maintain documentation of the applicant's supervised practice and hours of supervision and for submitting a copy of such documentation to the Department upon its request.
7. DUPLICATION:
The proposed regulation does not duplicate other existing State or Federal requirements.
8. ALTERNATIVES:
There have been extensive discussions concerning the experience requirements for licensure in the professions. The proposed amendments will clarify the current experience requirements and allow supervision by licensed mental health counselors, marriage and family therapists, creative arts therapists or psychoanalysts within the respective profession.
9. FEDERAL STANDARDS:
There are no Federal standards for the licensure of mental health counselors, marriage and family therapists, creative arts therapists or psychoanalysts, the subject of the proposed regulation.
10. COMPLIANCE SCHEDULE:
Applicants for licensure or certification must comply with the regulation on the stated effective date.
Regulatory Flexibility Analysis
The proposed amendment implements the provisions of Article 163 of the Education Law by establishing experience, limited permit, and endorsement requirements for the licensure of individuals as mental health counselors, marriage and family therapists, creative arts therapists and psychoanalysts. The proposed amendment will have no effect on small businesses and does not regulate local governments.
The amendment will not impose any adverse economic impact, recordkeeping, reporting, or other compliance requirements on small businesses or local governments. Because it is evident from the nature of the regulation that it does not affect small businesses or local governments, no further steps were needed to ascertain that fact and none were taken.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
The proposed amendment applies to applicants seeking licensure as mental health counselors, marriage and family therapists, creative arts therapists and psychoanalysts in New York State. The proposed amendment seeks to change New York State licensure requirements to conform to current practice in the professions, to expand opportunities for applicants to meet the experience requirement under qualified supervisors, and allow for the endorsement of licenses issued in other jurisdictions for qualified mental health counselors, marriage and family therapists, creative arts therapists and psychoanalysts seeking to become licensed in New York State. 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:
In 2002, Article 163 was added to the Education Law to authorize the licensure and practice of mental health counselors, marriage and family therapists, creative arts therapists and psychoanalysts. The Board of Regents adopted regulations in 2005 to implement the provisions of Article 163 of the Education Law.
The proposed amendment changes current regulations in each of these professions in three major areas. First, the proposed amendment amends the experience requirements for licensure in each of these professions by requiring applicants to obtain experience under the general supervision of a qualified supervisor. The proposed amendment defines general supervision, requires a certain amount of clock hours of the supervised experience to consist of direct contact with clients, and requires that any supervised experience be performed by an applicant under a limited permit issued by the department. This ensures that the applicant is receiving appropriate supervision from a qualified supervisor in a setting that is authorized to provide services that are restricted under Title VIII of the Education.
The proposed amendment also eliminates the requirement that the individual supervising an applicant's experience have three years of licensed experience in the practice of the profession and defines what is considered an appropriate setting to receive licensure-qualifying experience in each of these professions. Due to the recent creation of these four mental health professions, the State Board has notified the Department of shortages in qualified supervisors because of the three-year experience requirement for supervisors. Eliminating the three-year requirement will decrease the shortages in qualified supervisors and be consistent with other professions.
Secondly, the proposed amendment clarifies that the Department will issue a limited permit to an applicant to practice under supervision while meeting the experience and/or examination requirements for licensure in these professions and that the limited permit shall identify a qualified supervisor. The proposed amendment requires that the permit identify a qualified supervisor acceptable to the department, and prohibits a supervisor from supervising more than five permit holders at a time, which reflects the significant role of the supervisor in overseeing the practice of permit holders.
Finally, a new section will be added to the existing regulations in each of these professions to allow the Department to endorse a license issued in another jurisdiction if the applicant meets certain education, experience and examination requirements and the applicant has at least 5 years of experience in that profession, satisfactory to the State Board of Mental Health Practitioners, within the 10 years immediately preceding their application for licensure by endorsement.
The changes do not impose any additional reporting or recordkeeping requirements on licensees, including those located in rural areas, beyond those currently imposed by regulation. In addition, the amendment does not require regulated parties to hire professional services in order to comply.
3. COSTS:
The proposed amendment will not impose costs 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 revises the experience and limited permit provisions and establishes new endorsement requirements for the licensure of mental health counselors, marriage and family therapists, creative arts therapists and psychoanalysts in New York State. 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 institutions located in rural areas.
5. RURAL AREA 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.
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 implements the requirements of Article 163 of the Education Law by amending the experience and limited permit requirements for those seeking licensure in the professions. It also sets forth standards for the endorsement of a license issued in another state or country for qualified applicants seeking licensure in New York, in accordance with statutory requirements.
Because it is evident from the nature of the proposed regulation that it will have no impact on jobs or employment opportunities, no further 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.
