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THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

TO:	The Honorable the Members of the Board of Regents
FROM:	Johanna Duncan-Poitier
COMMITTEE:	Higher Education and Professional Practice
TITLE OF ITEM:	Proposed Promulgation of Regulations of the Commissioner of Education Relating to Requirements for Licensure in Mental Health Counseling
DATE OF SUBMISSION:	January 4, 2005
PROPOSED HANDLING:	Approval
RATIONALE FOR ITEM:	To Implement Statute
STRATEGIC GOAL:	Goals 2 and 3
AUTHORIZATION(S):

SUMMARY:

Attached for approval is a proposed addition of section 52.32 and Subpart 79-9 to the Regulations of the Commissioner of Education, relating to requirements for licensure in mental health counseling. Supporting materials for the proposed regulation are available upon request from the Secretary to the Board of Regents.

The purpose of the proposed regulation is to implement the provisions of Article 163 of the Education Law by establishing education, experience, and examination requirements for licensure in the new licensed profession of mental health counseling, requirements for limited permits to practice this profession, and standards for registered college programs leading to licensure in this field. Mental health counseling is one of four new professions, under the State Board for Mental Health Practitioners, established by Chapter 676 of the Laws of 2002.

The Higher Education and Professional Practice Committee discussed the proposed regulation at its September and December 2004 meetings. A Notice of Proposed Rule Making concerning the regulation was published in the State Register on August 25, 2004. In response to public comments, the proposed regulation was revised in the areas of education, experience, and special provisions for licensing prior to January 1, 2006, and a Notice of Revised Rule Making was published in the State Register on December 1, 2004. An Assessment of Issues Raised by Public Comment since the publication of the revised rule making is attached.

I recommend that the Board of Regents take the following action:

VOTED: That section 52.32 and Subpart 79-9 of the Regulations of the Commissioner of Education be added, as submitted, effective February 3, 2005.

Attachments

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Pursuant to sections 207, 210, 6501, 6504, 6507, 6508, 8402, 8409, and 8411 of the Education Law.

1. Section 52.32 of the Regulations of the Commissioner of Education is added, effective February 3, 2005, as follows:

52.32 Mental health counseling.

In addition to meeting all applicable provisions of this Part, to be registered as a program recognized as leading to licensure in mental health counseling, which meets the requirements of section 79-9.1 of this Title, the program shall:

(a) be a master's or doctoral degree program in counseling;

(b) through December 31, 2009, include at least 48 semester hours, or the equivalent, of study, and effective January 1, 2010 and thereafter, include at least 60 semester hours, or the equivalent, of study;

(1) human growth and development;

(2) social and cultural foundations of counseling;

(3) counseling theory and practice;

(4) psychopathology;

(5) group dynamics;

(6) lifestyle and career development;

(7) assessment and appraisal of individuals, couples, families and groups;

(8) research and program evaluation;

(9) professional orientation and ethics;

(10) foundations of mental health counseling and consultation;

(11) clinical instruction; and

(d) include a supervised internship or supervised practicum in mental health counseling of at least one-year, defined as at least 600 clock hours for purposes of this section.

2. Subpart 79-9 of the Regulations of the Commissioner of Education is added, effective February 3, 2005, to read as follows:

Subpart 79-9

Mental Health Counseling

79-9.1 Professional study.

(a) As used in this section, acceptable accrediting agency shall mean an organization accepted by the department as a reliable authority for the purpose of accrediting counseling programs, having accreditation standards that are substantially equivalent to the requirements for programs registered as leading to licensure in mental health counseling pursuant to section 52.32 of this Title, and applying its criteria for granting accreditation of programs in a fair, consistent, and nondiscriminatory manner.

(b) To meet the professional education requirement for licensure as a mental health counselor, the applicant shall present satisfactory evidence of completing:

(1) a master's or doctoral program in counseling registered as leading to licensure in mental health counseling pursuant to section 52.32 of this Title, or a master's or doctoral program in counseling that is accredited by an acceptable accrediting agency, or a master's or doctoral program in counseling that is substantially equivalent to such a registered or accredited program, as determined by the department; or

(2) a program located outside the United States and its territories that is recognized by the appropriate civil authorities of the jurisdiction in which the program is located as a program that prepares an applicant for the professional practice of mental health counseling, has been verified in accordance with subdivision (c) of section 59.2 of this Title, and which is determined by the department to be substantially equivalent to a master's or doctoral program in counseling registered by the department as leading to licensure in mental health counseling, pursuant to section 52.32 of this Title, or to a master's or doctoral program in counseling accredited by an acceptable accrediting agency.

79-9.2 Professional licensing examination.

(a) Each candidate for licensure as a mental health counselor shall pass an examination:

(1) that is offered by an organization determined by the department to have satisfactory administrative and psychometric procedures in place to offer the licensing examination; and

(2) that the department determines adequately tests mental health counseling proficiency at the master's degree level and adequately measures the candidate's knowledge concerning practice as a mental health counselor as defined in subdivision (1) of section 8402 of the Education Law.

(b) Requirements for admission to examination for licensure as a mental health counselor. To be admitted to the licensing examination, the candidate shall be required to:

(1) file an application for licensure with the department;

(2) pay the fee for the initial license and the fee for the first registration period, as prescribed in section 8402(3)(g) of the Education Law; and

(3) present satisfactory evidence of having met the education requirement for licensure as a mental health counselor, as prescribed in section 79-9.1 of this Subpart, including receipt of the degree.

(c) Passing score. The passing score for the examination for licensure as a mental health counselor shall be determined by the State Board for Mental Health Practitioners.

79-9.3 Experience requirement.

(a) An applicant for licensure as a mental health counselor shall meet the experience requirement for licensure as a mental health counselor by submitting sufficient documentation of having completed a supervised experience of at least 3,000 clock hours providing mental health counseling in a setting acceptable to the department, all in accordance with the requirements of this section.

(b) The supervised experience must be obtained after the applicant completes the program required for licensure as a mental health counselor, as prescribed in section 79-9.1 of this Subpart.

(c) Supervision of the experience. The experience shall be supervised in accordance with the requirements of this subdivision.

(1) Supervision of the experience shall consist of contact between the applicant and supervisor during which:

(i) the applicant apprises the supervisor of the assessment and treatment of each client;

(ii) the applicant’s cases are discussed with the supervisor;

(iii) the supervisor provides the applicant with oversight and guidance in: assessment and evaluation, treatment planning, completing psychosocial histories and progress notes, individual counseling, group counseling, psychotherapy, and consultation; and

(iv) the supervisor provides an average of one hour per week or two hours every other week of in-person individual or group supervision.

(2) Qualifications for supervisors of the required experience. The supervisor of the experience shall meet each of the following requirements:

(i) The supervisor shall have completed a master's or higher degree program in counseling, in the subject of the field in which the supervisor is licensed as prescribed in subparagraph (iii) of this paragraph, or another field related to the field of counseling as determined by the department;

(ii) The supervisor shall have engaged in the practice of mental health counseling for three years or the part-time equivalent. For purposes of this subparagraph, practice on a full-time basis shall mean 960 clock hours in the practice of mental health counseling, earned over a 52-week period; and

(iii) The supervisor shall be licensed and registered in New York State to practice mental health counseling, medicine, as a physician assistant, psychology, licensed clinical social work, or as a registered professional nurse or nurse practitioner, pursuant to Articles 163, 131, 131-b, 139, 153, or 154 of the Education Law, respectively; or be an individual with equivalent qualifications as determined by the department; or for applicants who apply for licensure in mental health counseling on or before December 31, 2007, be an individual with certification or registration by an acceptable national certifying or registering body for mental health counselors. To be acceptable to the department, the national certifying or registering body must be recognized nationwide as an organization that certifies or registers mental health counselors throughout the United States based upon a review of their qualifications to practice mental health counseling and must have adequate standards for the review of the applicant's qualifications for practicing mental health counseling, as determined by the department. Such standards must include standards for the review of the applicant's education and experience for practicing mental health counseling and may include an examination requirement.

(d) Setting for the experience. For a setting for the experience to be acceptable to the department, it shall meet the following requirements:

(1) The setting shall be a location at which legally authorized individuals provide services that constitute the practice of mental health counseling, as defined in section 8402(1) of the Education Law.

(2) The setting in which the experience is gained shall be responsible for the services provided by individuals gaining experience for licensure.

(3) The setting shall not be a private practice owned or operated by the applicant.

79-9.4 Limited permits. As authorized by section 8409 of the Education Law, the department may issue a limited permit to practice mental health counseling in accordance with the requirements of this section.

(a) An applicant for a limited permit to practice mental health counseling shall:

(1) file an application for a limited permit with the department and pay the application fee, as prescribed in section 8409(3) of the Education Law;

(2) meet all requirements for licensure as a mental health counselor, except the examination and/or experience requirements; and

(3) be under the supervision of a supervisor acceptable to the department in accordance with the requirements of section 79-9.3 of this Subpart.

(b) The limited permit in mental health counseling shall be issued for specific employment setting(s), acceptable to the department in accordance with the requirements of section 79-9.3 of this Subpart.

(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 additional 12 months 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 shall not exceed 36 months total.

79-9.5 Classifications systems. A licensed mental health counselor may use accepted classifications of signs, symptoms, dysfunctions and disorders, such as the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association, or an equivalent classification system as determined by the department, provided that such use is consistent with the practice of mental health counseling as defined in section 8402(1) of the Education Law.

79-9.6 Special provisions.

(a) Alternative requirements. In accordance with section 8411(2)(a) of the Education Law, an applicant who does not meet the requirements for licensure as a mental health counselor as prescribed in section 8402(3) of the Education Law, may qualify for a license as a mental health counselor through meeting the alternative requirements prescribed in either paragraphs (1), (2), or (3) of this subdivision, provided that the applicant meets all such requirements on or before January 1, 2006.

(1) Alternative route one. An applicant may qualify for a license as a mental health counselor through meeting the following alternative requirements. The applicant shall:

(i) file an application for licensure by January 1, 2006 and pay the fee for the initial license and the fee for the first registration period, as prescribed in section 8402(3)(g) of the Education Law;

(ii) be of good moral character as determined by the department;

(iii) be at least 21 years of age;

(iv) have completed a master's or higher degree program in counseling or in a related mental health field such as social work, psychology, or marriage and family therapy, that is registered by the department pursuant to Part 52 of this Title, or is an equivalent program as determined by the department, provided that the program includes:

(a) coursework that contains curricular content in the study of:

(1) human growth and development;

(2) counseling theory and practice;

(3) assessment and appraisal of individuals, couples, families and groups;

(4) foundation of counseling and consultation;

(5) clinical instruction and counseling;

(6) research and program evaluation; and

(b) a supervised internship in counseling; and

(v) after completing the master's or higher degree program prescribed in subparagraph (iv) of this paragraph, have engaged in the practice of mental health counseling, as defined in section 8402(1) of the Education Law, for at least 3,000 clock hours.

(2) Alternative route two. An applicant may qualify for a license as a mental health counselor through meeting the following alternative requirements. The applicant shall:

(ii) be of good moral character as determined by the department;

(iii) be at least 21 years of age;

(iv) have completed a baccalaureate or higher degree program in counseling or in a related mental health field such as social work, psychology, or marriage and family therapy, that is registered by the department pursuant to Part 52 of this Title, or is an equivalent program as determined by the department, provided that the applicant demonstrates the completion of coursework within such a program that contains curricular content in the study of human growth and development, counseling theory and practice, and research and program evaluation;

(v) after completing the baccalaureate or higher degree program prescribed in subparagraph (iv) of this paragraph, have engaged in the practice of mental health counseling, as defined in section 8402(1) of the Education Law, on a full-time basis for seven years of the immediately preceding ten years prior to application for licensure. For purposes of this subparagraph, practice on a full-time basis shall mean 960 clock hours in the practice of mental health counseling, earned over a 52-week period;

(vi) have submitted certifications from three individuals who meet the qualifications for supervisors of the experience requirement, as prescribed in section 79-9.3(c)(2), endorsing the applicant's good professional ethics and clinical competence to practice of mental health counseling. Such certifications shall be submitted on forms prescribed by the department; and

(vii) have met one of the following three requirements:

(a) after completing the baccalaureate or higher degree program prescribed in subparagraph (iv) of this paragraph, have three years of supervised experience in the practice of mental health counseling, which may be part of the seven years of experience required in subparagraph (v) of this paragraph. The supervisor of the experience must meet the qualifications for a supervisor of required experience prescribed in section 79-9.3(c)(2) of this Subpart, or

(b) be certified or registered by a national certifying or registering body for mental health counselors, acceptable to the department. To be acceptable to the department, the national certifying or registering body must be recognized nationwide as an organization that certifies or registers mental health counselors throughout the United States based upon a review of their qualifications to practice mental health counseling and must have adequate standards for the review of the applicant's qualifications for practicing mental health counseling, as determined by the department. Such standards must include standards for the review of the applicant's education and experience for practicing mental health counseling and may include an examination requirement; or

(c) complete an acceptable post-baccalaureate program in mental health counseling or a related field from an institute chartered by the Board of Regents, or an institution authorized by its charter or by the Board of Regents to confer degrees in New York State, or the equivalent as determined by the department, provided that such program contains curricular content in the study of:

(1) human growth and development;

(2) counseling theory and practice;

(3) assessment and appraisal of individuals, couples, families and groups;

(4) foundation of counseling and consultation;

(5) clinical instruction and counseling; and

(6) research and program evaluation.

(3) Alternative route three. An applicant may qualify for a license as a mental health counselor through meeting the following alternative requirements. The applicant shall:

(ii) be of good moral character as determined by the department;

(iii) be at least 21 years of age;

(v) after completing the baccalaureate or higher degree program prescribed in subparagraph (iv) of this paragraph, have engaged in the practice of mental health counseling or psychotherapy on a full-time basis for 10 years of the immediately preceding 15 years prior to application for licensure. For purposes of this subparagraph, practice on a full-time basis shall mean 960 clock hours in the practice of mental health counseling, earned over a 52-week period; and

(vi) have submitted certifications from five individuals who meet the qualifications for supervisors of the experience requirement, as prescribed in 79-9.3(c)(2), endorsing the applicant's good professional ethics and clinical competence to practice of mental health counseling. Such certifications shall be submitted on forms prescribed by the department.

(b) In accordance with section 8411(2)(b) of the Education Law, an applicant who meets all requirements for licensure as a mental health counselor, as prescribed in section 8402(3) of the Education Law, except for the examination requirement, may qualify for a license as a mental health counselor through meeting the requirements of this subdivision, provided that the applicant meets these requirements on or before January 1, 2006. The applicant shall:

(1) file an application for licensure by January 1, 2006 and pay the fee for the initial license and the fee for the first registration period, as prescribed in section 8402(3)(g) of the Education Law;

(2) meet all requirements for the license as a mental health counselor prescribed in section 8402(3) of the Education Law, except the examination requirement; and

(3) either:

(i) have certification or registration by a national certifying or registering body for mental health counselors, acceptable to the department. To be acceptable to the department, the national certifying or registering body must be recognized nationwide as an organization that certifies or registers mental health counselors throughout the United States based upon a review of their qualifications to practice mental health counseling and must have adequate standards for the review of the applicant's qualifications for practicing mental health counseling, as determined by the department. Such standards must include standards for the review of the applicant's education and experience for practicing mental health counseling and may include an examination requirement. For use under this subdivision, such certification or registration need not be current but shall not have been revoked for misconduct and/or unethical activities. For documentation of the applicant's certification or registration status to be sufficient, the national certifying or registering body must submit documentation verifying the applicant's certification or registration status directly to the department; or

(ii) if there is no national certifying or registering body for mental health counselors acceptable to the department as prescribed in subparagraph (i) of this paragraph, have engaged in the practice of mental health counseling, as defined in section 8402(1) of the Education Law, on a full-time basis for five years of the immediately preceding eight years prior to application for licensure. For purposes of this subparagraph, practice on a full-time basis shall mean 960 clock hours in the practice of mental health counseling, earned over a 52-week period.

PROPOSED PROMULGATION OF SECTION 52.32 and SUBPART 79-9 OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION PURSUANT TO SECTIONS 207, 210, 6501, 6504, 6507, 6508, 8402, 8409, and 8411 OF THE EDUCATION LAW RELATING TO PROFESSIONAL LICENSURE IN MENTAL HEALTH COUNSELING

ASSESSMENT OF iSSUES RAISED BY pUBLIC cOMMENT

The proposed rule was published as a revised rule making on December 1, 2004. Below is a summary of written comments received by the State Education Department concerning the proposed rule, which were not addressed in the previously published Assessment, and the Department's response.

COMMENT: The requirement that an applicant complete a 60-semester hour degree by January 1, 2010 for licensure will be a hardship on students. A registered program leading to licensure in mental health counseling should require the completion of 48-semester hours of instruction as preparation for employment and allow the completion of 12 semester hours while employed. I would favor the issuance of a limited permit that would allow the applicant to practice mental health counseling when he or she completes 48 semester hours and a license to practice when the education, examination and experience requirements are fully met.

RESPONSE: Section 8402(3)(b) of the Education Law requires that an applicant complete a registered graduate program in counseling or its equivalent. The proposed regulation prescribes the requirements for the registered program, including the minimum number of semester hours in the program. That number is 48 semester hours until January 1, 2010 and 60 semester hours after that date. The number was increased to 60 semester hours as a result of public comment. This number is consistent with national accrediting standards for programs in mental health counseling.

The comment proposes an alternative that would permit an applicant to complete the education requirement while practicing mental health counseling under a limited permit. The Department does not have the authority to establish this alternative through regulation because it would violate the authorizing statute. Section 8409(1) of the Education Law provides that a limited permit to practice mental health counseling may only be issued by the Department upon the applicant's completion of all requirements for licensure, except the examination and/or experience requirements. The education requirements must be fully met before the Department may issue a limited permit.

COMMENT: The phase-in to 60 semester hours for the registered program leading to licensure is too long. The registered program should require completion of 48 semester hours by 2008, but the applicant should be required to complete an additional 12 semester hours of graduate coursework for licensure. By 2012, the registered programs should require 60 semester hours.

RESPONSE: Registered programs that lead to licensure in mental health counseling should include all education requirements for licensure. The Department does not believe it reasonable to require an applicant to complete 12 semester hours in additional coursework after he or she has completed a registered licensure-qualifying program.

COMMENT: I received my degrees in counseling in the 1970s and human development was not a required course at that time. You may receive numerous requests from individuals to waive this requirement since it was only recently added. In particular, individuals seeking licensure through the alternative routes may not have completed this requirement.

RESPONSE: Section 8402(3)(b) of the Education Law specifies the minimum graduate coursework that must be completed to meet the education requirement for licensure in mental health counseling. This statute requires an applicant to complete coursework in human growth and development. The alternative requirements also require applicants to complete this coursework. The Department believes that an applicant needs to have completed this coursework as part of his or her educational preparation for licensure.

COMMENT: The curriculum prescribed in the regulation for registered programs leading to licensure does not adequately provide subject matter knowledge in areas needed for practice.

RESPONSE: The subject area requirements for registered programs leading to licensure are specified in statute. Therefore, the regulation must include these subjects as mandatory requirements for registered programs leading to licensure. These requirements provide adequate subject matter preparation for licensure.

COMMENT: The regulations require applicants for licensure to complete a 48-semester hour graduate program in order to be licensed. This is less than what is required of applicants for licensure in other professions that require 60 semester hours. The regulations should be revised to require practicing counselors to complete 48 semester hours and applicants new to the profession, 60 hours.

RESPONSE: In response to public comment, the regulations were revised to increase the semester hour requirement for registered programs leading to licensure from 48 to 60 semester hours. Current programs in mental health counseling require between 48 to 60 semester hours for completion. The Department believes that the 48-semester hour program provides applicants with adequate preparation for licensure, and the increase to 60 semester hours will strengthen the applicant's preparation. The increase would become effective on January 1, 2010 to minimize the impact on students and educational institutions. The phase-in period will provide mental health counseling programs adequate time to modify their programs. Finally, the regulation provides practicing mental health counselors ample options for licensure through alternative routes to licensure.

COMMENT: The regulations should permit faculty experience in teaching or supervising graduate students in counseling programs to count toward meeting the 3,000-hour experience requirement.

RESPONSE: Section 8402(3)(c) of the Education Law requires an applicant to complete 3,000 hours of supervised, post-degree experience relevant to the practice of mental health counseling. The definition of mental health counseling in the Education Law does not include supervision of students or teaching in college programs. Permitting faculty teaching and supervision to be used to meet the experience requirement would be contrary to the statutory requirement.

COMMENT: I would suggest that teaching in counseling or a related field and professional research and presentations, or administrative leadership, such as management of an agency, should count toward the experience necessary for licensure under the special provisions.

RESPONSE: As stated above, section 8402(3)(c) of the Education Law requires an applicant to complete an experience relevant to the practice of mental health counseling. The definition of the practice of mental health counseling does not include teaching, the making of professional presentations, research, or management of an agency. Permitting such experience to count toward the experience requirement for licensure would be contrary to the requirements in the Education Law.

COMMENT: Some of the requirements for supervision are unrealistic. Other than file reviews, a supervisor does not discuss every single client contact with the counselor. The regulations should be less specific and allow supervising practitioners additional discretion to supervise the applicant's experience.

RESPONSE: The State Education Department staff, in consultation with the State Board, developed the regulations that define acceptable supervision for Mental Health Practitioners. Because the individual under supervision is not licensed or authorized to practice independently, the supervisor is responsible for the assessment and treatment of each client. The regulations ensure competent supervision while providing flexibility to the supervisor and applicant to meet the stated requirements.

COMMENT: The regulations should specify that supervisors of the experience requirement who are licensed in other fields and are exempt from licensure under Article 163 should be governed by the practice requirements of their particular profession.

RESPONSE: The supervisor who is licensed in another profession is bound by the statutory and regulatory requirements of that profession. It is unnecessary to repeat this requirement in these regulations.

COMMENT: The National Board for Certified Counselors issues the National Certified Counselor Credential. The National Board permits an applicant for this credential to complete an accredited graduate program in lieu of completing 3,000 hours of supervised experience requirement required for the credential. The regulation should similarly permit the completion of an accredited counseling program to substitute for some or all of the 3,000 hours of supervised experience required for licensure in New York State.

RESPONSE: Section 8402(2) of the Education Law requires an applicant for licensure in mental health counseling to complete a master's or higher degree in counseling from a program registered by the Department or the equivalent, and 3,000 hours of post-master's supervised experience relevant to the practice of mental health counseling. The proposed substitution of an accredited counseling program for some or all of the post-master's experience required for licensure is inconsistent with the Education Law. Consequently, the State Education does not have the statutory authority to make this change.

COMMENT: An applicant who has completed post-master's education should have the number of hours of required experience reduced.

RESPONSE: The number of hours of required experience (3,000 hours) is established in Education Law section 8402(3)(c). The Department does not have the authority to reduce this number by regulation.

COMMENT: The limited permits should be for a longer period, such as four to five years, to prevent a new practitioner from losing his or her job because of something that is not the practitioner's fault.

RESPONSE: Section 8409(2) of the Education Law establishes the duration of the limited permit. It is two years with a one-year renewal period. The Department does not have the authority to extend the duration of the limited permit through regulations, as suggested by the comment.

COMMENT: The alternate routes do not permit licensure of a person who does not possess a baccalaureate degree in counseling or a related field but has 20 or more years of experience in the field. Such an individual should be allowed to continue practice as a psychotherapist based upon the attestation of licensed practitioners familiar with his or her work.

RESPONSE: Two of the alternative routes for licensure permit licensure with a baccalaureate-level education in counseling or a related mental health field, provided that other prescribed requirements are met. Requiring an applicant for licensure to have at minimum a baccalaureate-level education in counseling or a related field is a reasonable requirement.

COMMENT: If an applicant for licensure is already licensed in another state as a licensed professional counselor, that individual should qualify for licensure as a licensed mental health counselor in New York State without having to meet additional requirements.

RESPONSE: Requirements for licensure in professional counseling vary among the states. As a result, an individual who is licensed in another state as a professional counselor may not meet have met New York State's licensure requirements or their equivalent. Therefore, implementation of the suggestion would not ensure that licensees are adequately prepared to practice mental health counseling in New York State.

COMMENT: We are concerned that applicants under several of the special provisions for licensure must submit certifications endorsing their competence.

RESPONSE: Along with meeting prescribed education and experience requirements, several alternatives in the special provisions for licensure will require certifications from qualified individuals that endorse the applicant's professional ethics and clinical competence to practice mental health counseling. This is a reasonable requirement for licensure under these special provisions.

COMMENT: The requirements in the special provisions that permit licensure with baccalaureate education should require the applicant to pass a licensure examination.

RESPONSE: The special provisions are only available until January 1, 2006, and are designed to assist individuals who have practiced in this field for many years to become licensed. Alternatives two and three of the special provisions require applicants to be baccalaureate-educated, complete prescribed coursework, have extensive experience in the field, and obtain certifications from qualified individuals that endorse the applicant's professional ethics and clinical competence. These requirements establish satisfactory standards for licensure. An additional examination requirement is unnecessary.

The Honorable the Members of the Board of Regents