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 Creative Arts Therapy

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 52.34 and Subpart 79-11 to the Regulations of the Commissioner of Education, relating to requirements for licensure in creative arts therapy. 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 creative arts therapy, requirements for limited permits to practice this profession, and standards for registered college programs leading to licensure in this field. Creative arts therapy 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, 8404, 8409, and 8411 of the Education Law.

1.  Section 52.34 of the Regulations of the Commissioner of Education is added, effective February 3, 2005, as follows:

52.34 Creative arts therapy. 

In addition to meeting all applicable provisions of this Part, to be registered as a program recognized as leading to licensure in creative arts therapy, which meets the requirements of section 79-11.1 of this Title, the program shall:

(a) be a master's or doctoral degree program in creative arts therapy, which includes at least 48 semester hours, or the equivalent, of study;

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

(1) preparation in one or more of the creative arts therapies, including but not limited to art, music, dance, drama, psychodrama, or poetry therapies, for the practice of creative arts therapy as defined in section 8404(1) of the Education Law; 

(2) human growth and development;

(3) theories in creative arts therapy;

(4) group dynamics;

(5) assessment and appraisal of individuals and groups;

(6) research and program evaluation;

(7) professional orientation and ethics;

(8) foundations of creative arts therapy and psychopathology; and

(9) clinical instruction; and

(c) include a supervised internship or supervised practicum in the practice of creative arts therapy of at least 500 clock hours.

2.  Subpart 79-11 of the Regulations of the Commissioner of Education is added, effective February 3, 2005, to read as follows:

Subpart 79-11

Creative Arts Therapy

79-11.1 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 creative arts therapy programs, having accreditation standards that are substantially equivalent to the requirements for programs registered as leading to licensure in creative arts therapy pursuant to section 52.34 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 creative arts therapist, the applicant shall present satisfactory evidence of completing:

(1) a master's or doctoral program in creative arts therapy registered as leading to licensure in this field pursuant to section 52.34 of this Title, or a master's or doctoral program in creative arts therapy that is accredited by an acceptable accrediting agency, or a program determined by the department to be substantially equivalent to such a registered or accredited program; 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 creative arts therapy, 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 creative arts therapy registered by the department as leading to licensure in this field, pursuant to section 52.34 of this Title, or to a master's or doctoral program in creative arts therapy accredited by an acceptable accrediting agency.

79-11.2 Professional licensing examination. 

(a) Each candidate for licensure as a creative arts therapist shall pass one of the following examinations:

(1) an examination 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 that the department determines adequately tests creative arts therapy proficiency at the master's degree level and adequately measures the candidate's knowledge concerning practice of creative arts therapy, as defined in subdivision (1) of section 8404 of the Education Law; or

(2) a scored assessment of case narratives, which shall meet the following requirements:

(i) The case narratives shall be submitted to the department in a form prescribed by the department. 

(ii) The case narratives shall describe the assessment and treatment in two cases.  The narratives shall demonstrate the relationships among the presenting problems, the background material, a formulation of case dynamics, an assessment statement, the treatment process, application of creative arts theory appropriate to the case and the qualifications of the applicant, the treatment outcomes and supervisory issues. 

(iii) The case narratives shall be scored by the State Board for Mental Health Practitioners.  Failing examinations may be revised and resubmitted only once.

(b) Requirements for admission to examination for licensure as a creative arts therapist. 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 initial licensure and the fee for the first registration period, as prescribed in section 8404(3)(g) of the Education Law; and

(3) present satisfactory evidence of having met the education requirement for licensure as a creative arts therapist, as prescribed in section 79-11.1 of this Subpart, including receipt of the degree.

(c) Passing score. The passing score for the examination for licensure as creative arts therapist shall be determined by the State Board for Mental Health Practitioners.

79-11.3 Experience requirement.

(a) An applicant for licensure as a creative arts therapist shall meet the experience requirement for licensure as a creative arts therapist by submitting sufficient documentation of having completed a supervised experience of at least 1,500 clock hours providing creative arts therapy 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 creative arts therapist, as prescribed in section 79-11.1 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 developing skills as a creative arts therapist; 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 baccalaureate  or higher degree program in creative arts, 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 creative arts therapy for three years or the part-time equivalent.  For purposes of this subparagraph, practice on a full-time basis shall mean 800 clock hours in the practice of creative arts therapy, earned over a 52-week period;

(iii) The supervisor shall be licensed and registered in New York State to practice creative arts therapy, 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 creative arts therapy on or before December 31, 2007, be an individual with certification or registration by an acceptable national certifying or registering body for creative arts therapists.  To be acceptable to the department, the national certifying or registering body must be recognized nationwide as an organization that certifies or registers creative arts therapists throughout the United States based upon a review of their qualifications to practice creative arts therapy and must have adequate standards for the review of the applicant's qualifications for practicing creative arts therapy, as determined by the department.  Such standards must include standards for the review of the applicant's education and experience for practicing creative arts therapy 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 creative arts therapy, as defined in section 8404(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. 

79-11.4 Limited permits.  As authorized by section 8409 of the Education Law, the department may issue a limited permit to practice creative arts therapy, in accordance with the requirements of this section.  

(a) An applicant for a limited permit to practice creative arts therapy 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 creative arts therapist, 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 79-11.3 of this Subpart.

(b) The limited permit in creative arts therapy shall be issued for specific employment setting(s), acceptable to the department in accordance with the requirements of section 79-11.3 of this Subpart.

(c) The limited permit in creative arts therapy shall be valid for a period of not more than 12 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 12 months but has not passed the licensing examination or completed the experience requirement, or has other good cause as determined by the department for not completing the examination and/or experience requirement within the first 12 months, and provided further that the time authorized by such limited permit and subsequent extension shall not exceed 24 months total.

79-11.5 Classifications systems.   A licensed creative arts therapist 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 creative arts therapy as defined in section 8404(1) of the Education Law.  

79-11.6 Special provisions.

(a) As used in this section, acceptable national certifying or registering body means a national certifying or registering body that the department determines is recognized nationwide as an organization that certifies or registers creative arts therapists throughout the United States based upon a review of their qualifications to practice creative arts therapy and must have adequate standards for the review of the applicant's qualifications for practicing creative arts therapy, as determined by the department.  Such standards must include standards for the review of the applicant's education and experience for practicing creative arts therapy and may include an examination requirement.

(b) 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 creative arts therapist as prescribed in section 8404(3) of the Education Law, may qualify for a license as a creative arts therapist through meeting the alternative requirements prescribed in either paragraph (1) or (2) of this subdivision, provided that the applicant meets all such requirements on or before January 1, 2006.  The applicant shall:

(1) Alternative route one.  An applicant may qualify for a license as a creative arts therapist 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 8404(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 creative arts therapy, including but not limited to art, music, dance, drama, psychodrama, or poetry therapies, 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) one or more of the creative arts therapies, including but not limited to art, music, dance, drama, psychodrama, or poetry therapies, for the practice of creative arts therapy as defined in section 8404(1) of the Education Law; 

(2) human growth and development;

(3) theories in creative arts therapy;

(4) assessment and appraisal of individuals and groups;

(5) research and program evaluation;

 (6) clinical instruction; and

(b) a supervised internship or supervised practicum in the practice of creative arts therapy; and 

(v) after completing the master's or higher degree program prescribed in subparagraph (iv) of this paragraph, have engaged in the practice of creative arts therapy, as defined in section 8404(1) of the Education Law, for at least 1,500 clock hours.   

(2) Alternative route two.  An applicant may qualify for a license as a creative arts therapist 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 8404(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 engaged in the practice of creative arts therapy, as defined in section 8404(1) of the Education Law, on a full-time basis for seven years or the part-time equivalent.  For purposes of this subparagraph, practice on a full-time basis shall mean 800 clock hours in the practice of creative arts therapy, earned over a 52-week period; 

(v) have submitted certifications from three individuals who meet the qualifications for supervisors of the experience requirement, as prescribed in section 79-11.3(c)(2), endorsing the applicant's good professional ethics and clinical competence to practice creative arts therapy.  Such certifications shall be submitted on forms prescribed by the department; and

(vi) either:

(a) have completed a baccalaureate or higher degree program in creative arts therapy that is registered by the department pursuant to Part 52 of this Title or is an equivalent program, provided that the applicant demonstrates the completion of coursework within such a program that contains curricular content in the study of:  one or more of the arts, including but not limited to music, the fine arts, theater, or literature, for the practice of creative arts therapy; human growth and development; theories in creative arts therapy; and research or program evaluation; or

(b) document to the satisfaction of the department:

(1) having completed a baccalaureate or higher degree program in a program in any field that is registered by the department pursuant to Part 52 of this Title or is an equivalent program; and

(2) certification or registration by an acceptable national certifying or registering body, as defined by subdivision (a) of this section.  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 acceptable national certifying or registering body must submit documentation verifying the applicant's certification or registration status directly to the department.

(c) In accordance with section 8411(2)(b) of the Education Law, an applicant who meets all requirements for licensure as a creative arts therapist, as prescribed in section 8404(3) of the Education Law, except for the examination requirement, may qualify for a license as a creative arts therapist 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 8404(3)(g) of the Education Law;

(2) meet all requirements for the license as a creative arts therapist prescribed in section 8404(3) of the Education Law, except the examination requirement; and

(3) either:

(i) have certification or registration by an acceptable national certifying or registering body, as defined by subdivision (a) of this section.  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 acceptable 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 acceptable national certifying or registering body for creative arts therapists as defined in subdivision (a) of this section, have engaged in the practice of creative arts therapy, as defined in section 8404(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 800 clock hours in the practice of creative arts therapy, earned over a 52-week period.

 


PROPOSED PROMULGATION OF SECTION 52.34 AND SUBPART 79-11 OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION PURSUANT TO SECTIONS 207, 210, 6501, 6504, 6507, 6508, 8404, 8409, and 8411 OF THE EDUCATION LAW RELATING TO PROFESSIONAL LICENSURE IN CREATIVE ARTS THERAPY

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: A person with bachelor's level education in music therapy should not be excluded from licensure.  A practitioner with experience and supervisory skills is more skilled than a new graduate from a master's program.

RESPONSE: The Education Law defines a master's or higher degree as the minimum education required for licensure under the regular route.  Education Law permits alternative requirements for individuals who apply for licensure by January 1, 2006.   The alternative requirements in the regulation permit baccalaureate educated individuals to be licensed, provided that they meet other prescribed requirements.

COMMENT: I am concerned about the vague use of "or the equivalent, of study" in section 52.34(a). There are only five American Dance Therapy Association approved programs in the nation and just one in New York.   The ADTA alternative training program approves instructors and course syllabi to provide courses that are as rigorous as those in the approved graduate programs. To eliminate alternate route programs in dance therapy will keep many talented people out of this growing field.

RESPONSE: In accordance with Education Law, the registered licensure qualifying program must lead to a master's or doctoral degree.  Therefore, the ADTA programs would not qualify.

COMMENT: I have heard that the State Board proposed increasing the number of hours in a license-qualifying program from 30 to 48 semester hours. I would oppose such an increase as an unfair hardship on people who already have a bachelor's degree in music therapy. 

RESPONSE: In consultation with the State Board for Mental Health Practitioners, the proposed regulations have been strengthened to require that registered programs include at least 48 semester hours.  This number is consistent with national standards and requirements in related fields.  In accordance with statute, such study must all be at the graduate level regardless of undergraduate major. 

COMMENT: Section 52.34(a) of the proposed regulations require the completion of a master's or doctoral degree in creative arts therapy, but does not differentiate between the requirements for the two degrees. The regulations should be amended to list the difference in training.

RESPONSE:  Section 52.34 specifies minimum requirements for licensure qualifying programs in creative arts therapy.  The programs would have to meet other requirements in Regents Rules and the Regulations of the Commissioner of Education, including duration requirements for master's and doctoral degree programs.   The Department will review applications for registered programs and determine whether they meet such requirements.

COMMENT: Section 52.34(a) requires the completion of at least 30 semester hours with content in nine specific areas, without detailing the number of content hours for each area. Five of these areas require at least six semester hours each, as they deal with psychological issues and dysfunctions. Therefore, the minimum should be at least 42 semester hours.

RESPONSE: The total number of semester hours has been increased from 30 to 48.   However, the proposed regulations do not specify the number of semester hours to be met within each area of content.  When a degree-granting institution applies for program registration, the institution must indicate in the application those courses that meet the required content areas. The Department does not believe it necessary to prescribe semester hours for each content area. 

COMMENT: Section 52.32(d) should be changed to 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.  Such qualifications will be examined during the Department's registration review of the program.

COMMENT: We recommend that 52.34(c) be revised to clarify that the 500-clock hour internship is "supervised in-person client contact providing creative arts therapy."

RESPONSE:  The regulation requires the program leading to licensure in creative arts therapy to include a supervised internship or practicum in the practice of creative arts therapy of 500 clock hours.  The Department does not believe that the internship or practicum should be limited to client contact.  

COMMENT: The curriculum for creative arts therapy programs does not include sufficient training in psychopathology.

RESPONSE:  The regulation requires the program leading to licensure in creative arts therapy to include coursework in the foundations of creative arts therapy and psychopathology, which is sufficient.

COMMENT:  The Department should provide provisional licensure for students in baccalaureate programs in music therapy that would allow them to practice while pursuing graduate education and experience necessary for licensure.

 RESPONSE: The Education Law does not permit the issuance of provisional licenses as suggested. 

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 creative arts therapist is treating a patient with serious mental illness.

RESPONSE: The proposed regulations define the qualifications for licensure as a creative arts therapist. 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 professions.

COMMENT:I am extremely concerned about the process by which drama therapists will be licensed. I am currently a drama therapy student in the alternative training program of the National Association of Drama Therapy (NADT) and am simultaneously working toward a master's degree in theatre. Now I learn that I and other alternative training students may be disqualified for licensure because I am not graduating from a creative arts program. Alternative training students have to meet strict standards and I urge you to consider not if, but how, you will include alternative training students in the licensure process.

RESPONSE: Section 8404(3) of the Education Law requires an applicant to have a master's or doctoral degree in creative arts therapy from a registered program, or the equivalent.  Such equivalent education must be completed in a master's or doctoral program to meet the statutory requirement. 

COMMENT: It is not possible to complete the 1,500 hours of supervised experience in one year. There should be more time to complete the experience requirement.

RESPONSE: The Education Law requires 1,500 hours of supervised experience in creative arts therapy for licensure and authorizes the Department to issue a limited permit for the applicant to complete the experience or examination requirement. Education Law states that the limit permit is valid for twelve months and may be renewed for an additional twelve months.  The Department does not have the statutory authority to extend the duration of the limited permit. 

COMMENT: A registered professional nurse, nurse practitioner or physician's assistant should be prohibited from supervising the applicant's experience required for licensure in creative arts therapy.

RESPONSE: The professions identified in the comment are named as exempt under Article 163 and authorized to practice creative arts therapy under the exemption.   In response to comments from the field and in consultation with the State Board for Mental Health Practitioners, the proposed regulations have been revised to require baccalaureate level education and experience in the field of creative arts therapy.  Individuals licensed in the above-referenced professions that meet the prescribed education and experience requirement will be able to supervise the experience.  Such individuals will however continue to be governed by the practice requirements of their profession, including supervision requirements. 

COMMENT: The regulation should be revised to clarify that the experience required for licensure in each case should specify that the experience must be "a supervised clinical experience" and be "in-person client contact hours." 

RESPONSE:  Education Law section 8404(c) provides that the experience shall include at least 1,500 hours of post-master's supervised experience in one or more creative arts therapies.  The regulation is consistent with the statutory requirement, and the Department does not intend to restrict the experience to client contact hours.   

COMMENT: Section 79-11.5 authorizes a licensed creative arts therapist to use the Diagnostic and Statistical Manual (DSM) to make formal diagnoses, but the creative arts therapist will lack the basic knowledge required to make formal diagnoses. Since creative arts therapists are not qualified to make formal diagnoses, we suggest amending 79-11.5 to require consultation with a qualified licensed mental health professional who is authorized to make formal diagnoses.

RESPONSE:  Section 8411(3) of the Education Law allows a licensed creative arts therapist 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 they may be used within the practice of creative arts therapy, as such practice is prescribed in statute, and does not expand the scope of that practice.

COMMENT: The regulation should include an exemption from licensure for music therapists who are educated at the baccalaureate level and have passed the Certification Board for Music Therapists' examination.

RESPONSE:  The Department does not have the authority to establish in regulation an exemption from the licensure requirements.  Such exemption must be established in statute. 

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

RESPONSE:  In accordance with Education Law section 8411(2)(a), the regulation establishes two alternative routes to licensure.   The alternatives permit individuals with appropriate education and experience to be licensed, and would permit baccalaureate educated 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.