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:

November 30, 2004

PROPOSED HANDLING:

Discussion

RATIONALE FOR ITEM:

To Implement Statute

STRATEGIC GOAL:

Goals 2 and 3

AUTHORIZATION(S):

 

 

SUMMARY:

 

Attached for discussion is a proposed revised 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.

 

A Notice of Proposed Rule Making concerning the regulation was published in the State Register on August 25, 2004 and discussed by the Higher Education and Professional Practice Committee on September 9, 2004. In response to public comments received, the proposed regulation has been revised in the areas of education, experience, and special provisions for licensing prior to January 1, 2006.  The attached assessment of public comment and a Notice of Revised Rule Making will be published in the State Register on December 1, 2004. It is recommended that formal action on the regulation be taken at the January 2005 meeting of the Board of Regents.

 

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;

(c) contain curricular content that includes but is not limited to each of the following content areas:

(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: 

(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 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:

(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 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 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

Since publication of the proposed rule in the State Register on August 25, 2004, the State Education Department (SED) received the following comments:

COMMENT: The 45 semester hour requirement in section 52.32 for registered programs leading to licensure in mental health counseling is inconsistent with accreditation standards. 

RESPONSE: In response, the number of semester hours has been increased to 48 through December 31, 2009, and 60 semester hours thereafter.  

COMMENT: Section 52.32(c) of the proposed regulations should be revised to clarify that the supervised internship requires in-person client contact providing mental health counseling.

RESPONSE: The proposed regulation is consistent with statute and the Department does not believe that the proposed change is necessary. 

COMMENT: Certified Rehabilitation Counselors (CRC) with a master's degree in rehabilitation counseling, should be licensed as mental health counselors.

RESPONSE: The proposed regulations provide the flexibility to allow the licensing of individuals with a master's degree in counseling that includes specific course content, to be licensed.  An applicant's education and experience would be reviewed to determine if it meets the standards in the Education Law and Commissioner's Regulations.  Education programs that lead to a master's or higher degree in rehabilitation counseling would have the opportunity to apply for registration as license-qualifying for mental health counseling by including curricular content that meets the requirements of section 52.32 of the Commissioner's Regulations.

COMMENT: Section 52.32(a) of the proposed regulations require the completion of a master's or doctoral degree in mental health counseling, but does not differentiate between the requirements for the two degrees.

RESPONSE:  Section 52.32 specifies minimum requirements for licensure qualifying programs in mental health counseling.  The Department would review applications to determine whether programs meet all requirements in Regents Rules and the Regulations of the Commissioner of Education, including duration requirements for master's and doctoral degree programs. 

COMMENT: Section 52.32(a) requires the completion of at least 45 semester hours with content in 11 specific areas. Nine of these areas should require at least six semester hours each, so the minimum should be at least 60 semester hours.

RESPONSE: The proposed regulations do not specify the number of semester hours to be met within each area of content.  The Department does not believe it necessary to prescribe semester hours for each content area. 

COMMENT: Section 52.32(c) should be revised to require the completion of a 750-clock hour supervised internship or practicum. 

RESPONSE:  The proposed regulation defines one-year of supervised internship or practicum as 600 clock hours.  This could be increased at the program's discretion. 

COMMENT: Section 52.32(d) should require that faculty who teach or supervise in the psychological clinical areas must be licensed as a physician, physician's assistant, nurse, psychologist, social worker or mental health practitioner.

RESPONSE: Part 52 of the Commissioner's Regulations require that faculty in a registered program must be qualified by training and experience.  It is unnecessary to further specify the qualifications of supervisors of internships and practicum in regulation. 

COMMENT: The regulation should provide opportunities for individuals who are currently practicing psychotherapy to meet the requirements for licensure. 

RESPONSE: An individual may meet alternative requirements for licensure as a mental health counselor.  In response to comments from the field, the Department has increased such alternatives requirements in section 79-9.6 of the regulations.

COMMENT: Psychotherapy institutes should be permitted to offer licensure- qualifying programs in mental health counseling. 

RESPONSE: Section 8402 of the Education Law requires the program to be a master's or higher degree in counseling from a program registered by the Department, or its equivalent, which would not include a psychotherapy institute. 

COMMENT: The proposed regulations do not define practice outside the boundaries of competence, as defined in paragraph 1 of section 8407 of the Education Law.  Specific language should define the consultation required with a physician when the mental health counselor is treating a patient with serious mental illness.

RESPONSE: The proposed regulations define the qualifications for licensure as a mental health counselor. The Department will consider addressing this issue, within the bounds of our statutory authority, in future amendments to the definition of unprofessional conduct in the practice of the mental health professions.

COMMENT: The proposed regulations should be revised to allow a student in a psychotherapy training institute to continue providing mental health counseling services for up to three years.

RESPONSE: Education Law restricts the practice of mental health counseling to those licensed or otherwise exempt.   It is not possible to create exemptions in regulation that were not prescribed in statute.

COMMENT: The regulations should be revised to ensure that supervisor of the required experience is qualified in mental health counseling and to prohibit supervision by a registered professional nurse, nurse practitioner or physician's assistant.

RESPONSE: The professions identified in the comment are authorized to practice mental health counseling under an exemption in Article 163.   In response to comments from the field and in consultation with the State Board for Mental Health Practitioners, the proposed regulations have been strengthened to require master's level education and experience in the field of mental health counseling. The supervisor must be licensed in New York State and authorized to practice mental health counseling, o r meet equivalent qualifications. Individuals licensed in the above-referenced professions that meet the prescribed requirements  to supervise the experience will be governed by the practice requirements of their profession, including supervision requirements. 

COMMENT: The regulations for supervised experience should accommodate the needs of individuals with disabilities or those caring for a child or family member.

RESPONSE: The proposed regulations implement statutory requirements, which authorize only a two-year limited permit, with a one-year extension. The Department cannot extend the duration of the limited permit by regulation beyond the limit set in statute.

COMMENT: Teaching in a graduate mental health counselor program should count toward meeting the 3,000-clock hour experience requirement for licensure.

RESPONSE:  Education Law states that the applicant must have 3,000 hours of experience relevant to the practice of mental health counseling and does not define teaching as the practice of mental health counseling. 

COMMENT: The proposed regulations should be revised to clarify that only "in-person client contact hours" meet the experience requirement for licensure.

RESPONSE: The statute is silent as to whether or not the experience must consist only of client contact hours.   The Department has reasonably interpreted the statute to permit the required experience to other than client contact hours, provided that the applicant is providing mental health counseling services.

COMMENT: The requirement in the regulations that the individual under supervision brief a supervisor on every intake is not feasible and was not in the statute.

RESPONSE:  The State Board for Mental Health Practitioners recommended this requirement as an appropriate level of supervision to ensure public protection.  

COMMENT: The proposed regulations require that an applicant complete 3,000 hours of supervised experience but there is no such requirement for licensure as a Licensed Master Social Worker (LMSW) under the Education Law.  It is not fair that a mental health counselor does not have the same option.

RESPONSE: The comment is accurate that Education Law does not require experience for licensure as an LMSW in New York State and the Department does not have authority to impose such a requirement.   On the other hand, Education Law imposes an experience requirement for licensure in a mental health counseling.  The regulation implements this statutory requirement.

COMMENT: The regulations should specify that psychological tests may be given by mental health counselors.

RESPONSE:  Section 8402 of the Education Law prescribes the practice of mental health counseling and authorizes the use of assessment instruments to "identify, evaluate and treat dysfunctions and disorders for purposes of providing appropriate mental health counseling services."    The regulation may not expand the scope of practice beyond that prescribed in statute.  

COMMENT: Section 79-9.5 authorizes a licensed mental health counselor to use the Diagnostic and Statistical Manual (DSM) to make formal diagnoses, but the mental health counselor will lack the basic knowledge required to make formal diagnoses. We suggest amending 79-9.5 to require consultation with a qualified licensed mental health professional authorized to make formal diagnoses.

RESPONSE:  Section 8411(3) of the Education Law allows a licensed mental health counselor to use accepted classifications of signs, symptoms, dysfunctions and disorders as approved by the Department. The regulation simply specifies the DSM as the classification system that may be used within the practice of mental health counseling, as such practice is prescribed in statute, and does not expand the scope of that practice.

COMMENT: I find it a shame that persons with a bachelor's degree are excluded from licensing. The law should include bachelor's practitioners with appropriate supervision.

RESPONSE: The Education Law establishes a master's or higher degree in counseling as the regular route to licensure, as prescribed by statute.  In accordance with statute, the regulation prescribes alternative requirements for applicants who apply for licensure by January 1, 2006, including alternative requirements for baccalaureate holders.

COMMENT: The minimum education requirement for licensure should be completion of a master's degree in counseling. 

RESPONSE:  In accordance with Education Law section 8411(2)(a), the regulation establishes three alternative routes to licensure.   The alternatives permit individuals with appropriate education and experience to be licensed, and would permit baccalaureate education applicants to be licensed.  In response to comments from the field and after consultation with the State Board for Mental Health Practitioners, the Department strengthened the alternative requirements to require certifications from qualified individuals endorsing the applicants' good professional ethics and clinical competence, and that the applicant to meet additional requirements relating to experience and/or training.

COMMENT: The grandparenting period that allows the applicant to meet alternative requirements for licensure should be extended beyond one year.

RESPONSE: The duration of the grandparenting period is established in statute and may not be extended by regulation. 

COMMENT: The regulations should allow individuals who have a credential from a private organization to meet the requirements for licensure.

RESPONSE:  The requirements of Education Law would not permit licensure through being credentialed by a private organization.

COMMENT: The examination should be waived only if an applicant's certification by an acceptable national certifying or registering body for mental health counselors is current.

RESPONSE: Education Law section 8411(2)(b) permits an applicant who applies by January 1, 2006 to be licensed without examination if the applicant has meet all other requirements for licensure and has been certified or registered by a national certifying or registering body acceptable to the Department.  The statute does not require such certification or registration to be current.  

COMMENT:  An individual with a master's degree in counseling of less than 45 semester hours and six years of experience should qualify for licensure during the grandparenting period. 

RESPONSE:  In response to public comment, the Department has proposed revisions in section 79-9.6(a) to permit additional flexibility in the requirements for licensure for applicants who apply by January 1, 2006, including a requirement for applicants who have completed a master's degree in counseling of less than 48 semester hours and 3,000 clock hours of experience.

COMMENT: Experience in private practice with appropriate supervision should count toward licensing just as much as supervised experience in an agency setting.

RESPONSE:  The individual may complete the experience, under supervision, in an agency or private setting. The private setting, however, may not be owned or operated by the applicant.

COMMENT: Section 79-9.3 should be revised to require 3,500 hours of supervised experience in all five areas of practice.

RESPONSE:  Education Law specifies that a minimum of 3,000 hours of supervised, post-master's experience is required for licensure.  This number is consistent with national standards and is adequate.