0904heppd4

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 Psychoanalysis
DATE OF SUBMISSION:	August 10, 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 addition of section 52.35 and Subpart 79-12 to the Regulations of the Commissioner of Education, relating to requirements for licensure in psychoanalysis. 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 psychoanalysis, requirements for limited permits to practice this profession, and standards for registered educational programs leading to licensure in this field. Psychoanalysis 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 proposed regulation will be published in the State Register on August 25, 2004. It is recommended that formal action on the proposed regulation be taken at the November 2004 meeting of the Board of Regents.

Attachment

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 January 1, 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 January 1, 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 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) The supervision shall be provided by an individual who is licensed pursuant to Articles 131, 131-b, 139, 153, 154 or 163 of the Education Law.

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

(3) be at least 21 years of age;

(4) 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;

(5) document to the satisfaction of the department of having 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 45 clock hours of classroom instruction in each of the following areas:

(i) personality development;

(ii) psychoanalytic theory;

(iii) practice techniques, including dreams and symbolic processes;

(iv) analysis of resistance, transference, and countertransference;

(v) psychoanalytic research methodology;

(6) document to the satisfaction of the department of having completed at least 150 clock hours of personal psychoanalysis; and

(7) document to the satisfaction of the department of having been engaged in the practice of psychoanalysis, as defined in section 8405(1) of the Education Law, on a full-time basis for seven years of the immediately preceding twelve years. For purposes of this subparagraph, practice on a full-time basis shall mean 960 clock hours in the practice of psychoanalysis, earned over a 52-week period.

(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:

(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) document to the satisfaction of the department 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, document to the satisfaction of the department of having been 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. For purposes of this subparagraph, practice on a full-time basis shall mean 960 clock hours in the practice of psychoanalysis, earned over a 52-week period.

The Honorable the Members of the Board of Regents