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: |
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 52.32 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 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.
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 January 1, 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, which includes at least 45 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) 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
(c) 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 January 1, 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) 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
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
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) 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 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) 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 counseling or in an allied 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 or program evaluation; and
(5) document to the satisfaction of the
department of having been 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 twelve years. 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.
(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) document to the satisfaction of the
department 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, document to the satisfaction
of the department of having been 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. 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.