AMENDMENT TO THE REGULATIONS OF THE
COMMISSIONER OF EDUCATION
Pursuant to sections 207, 210, 6501, 6504,
6507, 6508, 8405, 8409, and 8411 of the Education Law.
1.
Section 52.35 of the Regulations of the Commissioner of Education is
added, effective February 3, 2005, as follows:
52.35 Psychoanalysis.
In addition to meeting all applicable
provisions of this Part, to be registered as a program recognized as leading to
licensure in psychoanalysis, which meets the requirements of section 79-12.1 of
this Title, the program shall meet the requirements of this
section.
(a) The program shall be offered by a
psychoanalytic institute chartered by the Board of Regents, or an institution
authorized by its charter or by authorization of the Board of Regents to confer
degrees in New York State. The
program shall lead to a certificate of completion, which shall be conferred upon
students who successfully complete the program.
(b) In order to be admitted into the
program, the program shall require the student to have completed a master's or
higher degree program in any field registered by the department pursuant to this
Part, or a substantially equivalent program.
(c) The course of study shall include
coursework substantially equivalent to coursework required in a master's degree
program in a health or mental health field of study. The course of study shall include a
total of at least 1,350 clock hours of study, distributed as set forth in this
subdivision in the following four categories: coursework, personal
psychoanalysis, supervised analysis, and clinical experience.
(1) Coursework. The program shall include at least 45
clock hours of classroom instruction in each of the following areas, totaling at
least 405 clock hours of classroom instruction:
(i) personality
development;
(ii) psychoanalytic theory of
psychopathology;
(iii) psychoanalytic theory of
psychodiagnosis;
(iv) sociocultural influence on growth and
psychopathology;
(v) practice technique (including dreams and
symbolic processes);
(vi) analysis of resistance, transference,
and countertransference;
(vii) case seminars on clinical
practice;
(viii) practice in psychopathology and
psychodiagnosis; and
(ix) professional ethics and psychoanalytic
research methodology.
(2) Personal psychoanalysis. The program shall require the student to
complete at least 300 clock hours of personal psychoanalysis.
(3) Supervised analysis. The program shall include at least 150
clock hours of supervised analysis of the student's psychoanalytic cases. The supervised analysis shall
include:
(i) 50 clock hours of individual supervision
with one supervisor working on one case; and
(ii) at least 100 clock hours of individual
supervision with another supervisor working on one or more additional
cases.
(4) Clinical experience. The program shall require the student to
complete at least 300 clock hours of supervised clinical experience in the
practice of psychoanalysis, as defined in section 8405(1) of the Education
Law. The clinical experience
shall meet the requirements set forth in section 79-12.3 of this Title. In addition, if the setting for the
clinical experience is not within the institution offering the program itself, a
written contract or agreement shall be executed between the institution and
clinical facility which is designated to cooperate in providing the clinical
experience, which shall set forth the responsibilities of each party, and shall
be signed by the responsible officer of each party.
2.
Subpart 79-12 of the Regulations of the Commissioner of Education is
added, effective February 3, 2005, to read as follows:
Subpart
79-12
Psychoanalysis
79-12.1 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 psychoanalysis programs,
having accreditation standards that are substantially equivalent to the
requirements for programs registered as leading to licensure in psychoanalysis
pursuant to section 52.35 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 psychoanalyst, the applicant shall present
satisfactory evidence of:
(1) having received a master's or higher
degree through completing a program in any field that is registered by the
department pursuant to this Part, or the substantial equivalent;
and
(2) either:
(i) completing a program in psychoanalysis
that is registered as leading to licensure in this field pursuant to section
52.35 of this Title or a program in psychoanalysis that is accredited by an
acceptable accrediting agency, or a program in psychoanalysis that is
substantially equivalent to such a registered or accredited program, as
determined by the department; or
(ii) completing a program that is 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
psychoanalysis, 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 program in psychoanalysis registered by the
department as leading to licensure in this field, pursuant to section 52.35 of
this Title, or to a program in psychoanalysis accredited by an acceptable
accrediting agency.
79-12.2 Professional licensing
examination.
(a) Each candidate for licensure as a
psychoanalyst 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 psychoanalytic proficiency at
the master's degree level and adequately measures the candidate's knowledge
concerning the practice of psychoanalysis, as defined in subdivision (1) of
section 8405 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, a diagnosis
formulation, the phases of the psychoanalytic process, an assessment of patient
functioning, 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 psychoanalyst. 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 8405(3)(g)
of the Education Law; and
(3) present satisfactory evidence of having
met the education requirement for licensure as a psychoanalyst, as prescribed in
section 79-12.1 of this Subpart, including receipt of the master's degree and
the certificate of completion.
(c) Passing score. The passing score for the
examination for licensure as a psychoanalyst shall be determined by the State
Board for Mental Health Practitioners.
79-12.3 Experience requirement.
(a) An applicant for licensure as a
psychoanalyst shall meet the experience requirement for licensure as a
psychoanalyst by submitting sufficient documentation of having completed a
supervised experience of at least 1,500 clock hours providing psychoanalysis in
a setting acceptable to the department, all in accordance with the requirements
of this section.
(b) All or part of the supervised experience
may be obtained within the education program required for licensure as a
psychoanalyst, as prescribed in section 79-12.1 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 treatment of each client;
(ii) the applicant’s cases are discussed
with the supervisor in conformity with federal and state laws regarding the
confidentiality of patient-identifiable information;
(iii) the supervisor provides the applicant
with oversight and guidance in developing skills as a psychoanalyst, including
but not limited to, the analysis of resistance, transference,
counter-transference, and unconscious processes in the practice of
psychoanalysis; 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. Supervision may
be provided in formats other than in-person only with the approval of the
department upon a showing of good cause, including but not limited to, inability
to locate a sufficient number of qualified supervisors to perform in-person
supervision and an acceptable plan to provide the supervision through an
alternative format.
(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 psychoanalysis, 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 psychoanalysis as
determined by the department.
(ii) The supervisor shall have engaged in
the practice of psychoanalysis 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
psychoanalysis, earned over a 52-week period;
(iii) The supervisor shall be licensed and
registered in New York State to practice psychoanalysis, 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 psychoanalysis on or before December
31, 2007, be an individual with certification or registration by an acceptable
national certifying or registering body for psychoanalysts. To be acceptable to the department, the
national certifying or registering body must be recognized nationwide as an
organization that certifies or registers psychoanalysts throughout the United
States based upon a review of their qualifications to practice psychoanalysis
and must have adequate standards for the review of the applicant's
qualifications for practicing psychoanalysis, as determined by the
department. Such standards must
include standards for the review of the applicant's education and experience for
practicing psychoanalysis 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
psychoanalysis, as defined in section 8405(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.
79-12.4 Limited permits. As authorized by section 8409 of the
Education Law, the department may issue a limited permit to practice
psychoanalysis in accordance with the requirements of this section.
(a) An applicant for a limited permit to
practice psychoanalysis 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
psychoanalyst, 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
79-12.3 of this Subpart.
(b) The limited permit in psychoanalysis
shall be issued for specific employment setting(s), acceptable to the department
in accordance with the requirements of section 79-12.3 of this Subpart.
(c) The limited permit in psychoanalysis
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.
79-12.5 Classifications systems. A licensed psychoanalyst 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 psychoanalysis as defined in section 8405(1) of the Education
Law.
79-12.6 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 psychoanalyst as prescribed in section 8405(3) of the Education Law, may
qualify for a license as a psychoanalyst 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 psychoanalyst 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 8405(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 any field that is registered by the department pursuant to
Part 52 of this Title, or is an equivalent program as determined by the
department;
(v) have completed coursework at a
psychoanalytic institute chartered by the Board of Regents or an institution
authorized by its charter or by authorization of the Board of Regents to confer
degrees in New York State, or equivalent coursework, that is substantially
equivalent to coursework required in a master's degree program in a health or
mental health field of study. The
course of study shall include at least 15 clock hours of classroom instruction
in each of the following areas:
(a) personality
development;
(b) psychoanalytic theory;
(c) practice techniques, including dreams
and symbolic processes;
(d) analysis of resistance, transference,
and countertransference;
(e) case seminars on clinical
practice;
(f) psychoanalytic research methodology;
(g) professional ethics and psychoanalytic
research methodology;
(vi) have completed at least 150 clock hours
of personal psychoanalysis;
(vii) have competed at least 100 clock hours
of supervised analysis of the applicant's psychoanalytic cases.
(vii) have engaged in the practice of
psychoanalysis, as defined in section 8405(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 psychoanalyst 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 8405(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 any field that is registered by the department pursuant
to Part 52 of this Title, or is an equivalent program as determined by the
department;
(v) have completed coursework at a
psychoanalytic institute chartered by the Board of Regents or an institution
authorized by its charter or by authorization of the Board of Regents to confer
degrees in New York State, or equivalent coursework, of at least 15 clock hours of classroom
instruction in each of the following areas:
(a) personality
development;
(b) psychoanalytic theory;
(c) practice techniques, including dreams
and symbolic processes;
(d) analysis of resistance, transference,
and countertransference;
(e) psychoanalytic research methodology;
(vi) have completed at least 150 clock hours
of personal psychoanalysis;
(vii) have engaged in the practice of
psychoanalysis, as defined in section 8405(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
psychoanalysis, earned over a 52-week period; and
(viii) have submitted certifications from
three individuals who meet the qualifications for supervisors of the experience
requirement, as prescribed in section 79-12.3(c)(2), endorsing the applicant's
good professional ethics and clinical competence to practice
psychoanalysis. 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
psychoanalyst, as prescribed in section 8405(3) of the Education Law, except for
the examination requirement, may qualify for a license as a psychoanalyst
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 8405(3)(g) of the Education
Law;
(2) meet all requirements for the license as
a psychoanalyst prescribed in section 8405(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 psychoanalysts, 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 psychoanalysts
throughout the United States based upon a review of their qualifications to
practice psychoanalysis and must have adequate standards for the review of the
applicant's qualifications for practicing psychoanalysis, as determined by the
department. Such standards must
include standards for the review of the applicant's education and experience for
practicing psychoanalysis 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 psychoanalysts acceptable to the department as prescribed
in subparagraph (i) of this paragraph, have engaged in the practice of
psychoanalysis, as defined in section 8405(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 psychoanalysis, earned over a 52-week
period.
PROPOSED PROMULGATION OF SECTION 52.35 AND
SUBPART 79-12 OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION PURSUANT TO
SECTIONS 207, 210, 6501, 6504, 6507, 6508, 8405, 8409, and 8411 OF THE EDUCATION
LAW RELATING TO PROFESSIONAL LICENSURE IN PSYCHOANALYSIS
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 personal psychoanalysis
required as part of the registered licensure qualifying educational program in
section 52.35(c) should be at least three sessions per week by a psychoanalyst
with at least five years of clinical experience who is licensed as a
psychoanalyst or in an exempt licensed profession.
RESPONSE: The proposed regulations establish
the requirement that the licensure qualifying registered program must include
300 clock hours of personal psychoanalysis. This is an adequate standard for program
registration.
COMMENT: The regulations should require the
supervisor for the clinical experience in the registered program have at least
five years of clinical experience and be licensed in psychoanalysis or in an
exempt profession.
RESPONSE: Part 52 of the Commissioner's
Regulations require that faculty in a registered program must be qualified by
training and experience. The
regulation provides that the supervised clinical experience should meet the
requirements of section 79-12.3, which includes appropriate qualifications for
the supervisor.
COMMENT: Section 52.35(c)(4) should define
"supervised clinical experience" as including clinical experience in
psychotherapy, psychoanalysis, and psychoanalytic psychotherapy and a frequency
of at least three times a week.
RESPONSE: The regulations establish the
minimum requirements for an educational program seeking to be registered as
leading to licensure psychoanalysis.
The level of detail suggested is unnecessary. As part of the individual's training,
the institute may require additional experience and specify frequency of contact
with the supervisor.
COMMENT: Section 52.35(a) should require the
curriculum to include foundational theories and techniques of psychoanalysis as
well as current theories and techniques.
RESPONSE: The regulations implement the
curriculum requirements specified in the Education Law. The program may include additional
coursework.
COMMENT: Candidates should have a master's
or higher degree in a mental health field prior to admission into a registered
program leading to licensure so that they have a background in psychodiagnosis
and psychopathology.
RESPONSE: The regulations implement the
statute, which requires an applicant to have completed a master's or higher
degree in any field and have completed a registered program leading to licensure
in psychoanalysis.
COMMENT: The regulations should be revised
to clarify that the supervised experience required in the registered education
program must be in-person client contact hours.
RESPONSE: The statute does not require all
300 clock hours of clinical experience be client contact hours.
COMMENT: The proposed regulations only allow
an institute that trains individuals in psychoanalysis to be registered as
licensure qualifying, but not institutes that train individuals in
psychotherapy. The regulations and law should be changed to allow psychotherapy
institutes to educate individuals who will qualify for licensure as
psychotherapists.
RESPONSE: Under the Education Law, psychotherapy
is not a licensed profession.
Therefore, the Department does not have the authority to promulgate
regulations to establish licensure in this field.
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 psychoanalyst is treating a patient with serious mental
illness.
RESPONSE: The proposed regulations define
the qualifications for licensure as a psychoanalyst. 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: Section 79-12.1 should restrict a
program of study in psychoanalysis at a psychoanalytic institute, and not allow
equivalent programs.
RESPONSE: Education Law requires that an
applicant create a registered program or the equivalent, as determined by the
Department. The regulation provides flexibility that is consistent with the
statute so that applicants who completed a program not registered by the
Department may meet the education requirement for licensure in
psychoanalysis.
COMMENT: The regulations should be amended
to clarify that the education, experience and examination requirements are for
an applicant "from a field other than mental health".
RESPONSE: There is no basis in the statute
for the Department to restrict licensure to individuals with training in other
than a mental health field.
COMMENT: A candidate should be able to meet
the examination requirement through submission of a case study based on one
aspect, vignette or fragment of clinical work or by a fictional clinical
situation, as an alternative to the case narrative specified in the regulations.
RESPONSE: Education Law requires an
applicant to pass an examination in psychoanalysis. The regulation is revised to
allow a candidate to pass an examination acceptable to the Department or to
submit a case narrative that is scored by the State Board for Mental Health
Practitioners. The applicant will be able to demonstrate competency in
psychoanalysis through either option.
COMMENT: There should be a board of
examiners that represents the full spectrum of psychoanalytic orientations. This
would ensure that the case narrative is evaluated by an individual with the same
theoretical orientation as the applicant.
RESPONSE: The Department will consider
creating a committee on examinations for the State Board, utilizing licensed
psychoanalysts or other qualified practitioners, under the regulation as
written.
COMMENT: Section 79-12.3 should define a
qualified supervisor as an individual licensed in psychoanalysis or an exempt
mental health profession with experience in psychoanalysis.
RESPONSE: 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 that a supervisor have at
least a baccalaureate level education and experience in the field of
psychoanalysis, and licensure in a profession authorized to practice
psychoanalysis. Qualified
supervisors will continue to be governed by the practice requirements of their
profession, including supervision requirements.
COMMENT: The regulations should allow
supervised hours completed as part of a training program to count toward the
experience for licensure.
RESPONSE: The proposed regulations would
allow, but not require, experience in the institute to count toward the 1,500
hours of experience required for licensure in
psychoanalysis.
COMMENT: Experience in private practice
should be acceptable, as should experience in an agency
setting.
RESPONSE: The comment is incorrect since an
applicant for licensure may complete the 1,500 hours of supervised experience in
an agency or private setting. The private setting, however, may not be owned or
operated by the applicant.
COMMENT: The proposed regulations should be
revised to clarify that only "in-person client contact hours" are acceptable for
meeting the required experience 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 psychoanalysis.
COMMENT: The proposed regulations should be
revised to allow the student's supervisor to determine when the student may see
patients in a setting of the student's choosing. This would reflect the
supervisor's responsibility for the student's training but provide flexibility
to practice in non-institute settings.
RESPONSE: The Education Law requires a
student or individual under a limited permit to practice under supervision, as
defined in section 79-12.3. The experience may not be in a private practice
owned or operated by the applicant.
COMMENT: The regulations should provide more
than two years to complete the 1,500 hours of supervised experience.
RESPONSE: The Education Law requires 1,500
hours of supervised experience in psychoanalysis 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: The regulations should provide
additional time so an applicant can meet the grandparenting requirements for
licensure as a psychoanalyst.
RESPONSE: The duration of the grandparenting
period is established in statute and may not be extended by regulation.
