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 Marriage and Family Therapy |
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 52.33 and Subpart 79-10 to the Regulations of the Commissioner of Education, relating to requirements for licensure in marriage and family 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 marriage and family therapy, requirements for limited permits to practice this profession, and standards for registered college programs leading to licensure in this field. Marriage and family 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 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, 8403, 8409, and 8411 of the Education Law.
1.
Section 52.33 of the Regulations of the Commissioner of Education is
added, effective January 1, 2005, as follows:
52.33 Marriage and family therapy.
In addition to meeting all applicable
provisions of this Part, to be registered as a program recognized as leading to
licensure in marriage and family therapy, which meets the requirements of
section 79-10.1 of this Title, the program shall:
(a) be a program in marriage and family
therapy leading to a master's or doctoral degree, which includes at least 36
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) the study of human development,
including individual, child and family development, at least three semester
hours;
(2) clinical knowledge, including but not
limited to psychopathology, at least six semester hours;
(3) theoretical knowledge, including but not
limited to marriage and family therapy, at least six semester
hours;
(4) family law;
(5) research, at least three semester hours;
and
(6) professional ethics, at least three
semester hours; and
(c) include a supervised practicum in
marriage and family counseling of at least 300 client contact hours.
2.
Subpart 79-10 of the Regulations of the Commissioner of Education is
added, effective January 1, 2005, to read as follows:
Subpart
79-10
Marriage and Family
Therapy
79-10.1 Professional study of marriage and
family therapy.
(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 marriage and family therapy
programs, having accreditation standards that are substantially equivalent to
the requirements for programs registered as leading to licensure in this field
pursuant to section 52.33 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 marriage and family therapist, the applicant
shall present satisfactory evidence of completing:
(1) a master's or doctoral program in
marriage and family therapy registered as leading to licensure in this field,
pursuant to section 52.33 of this Title, or a master's or doctoral program in
marriage and family therapy that is accredited by an acceptable accrediting
agency, or a master's or doctoral program in marriage and family therapy that is
substantially equivalent to such a registered or accredited program, as
determined by the department; or
(2) a graduate degree program in an allied
mental health field acceptable to the department, including but not limited to a
graduate degree program in social work, psychology, and mental health
counseling, and additional graduate level coursework, if needed, which together
are determined by the department to provide the substantial equivalent
professional educational preparation as that obtained from a master's or
doctoral program in marriage and family therapy registered as leading to
licensure in this field, pursuant to section 52.33 of this Title; or
(3) 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 marriage and family
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 marriage and family therapy
registered by the department as leading to licensure in this field, pursuant to
section 52.33 of this Title, or to a master's or doctoral program in marriage
and family therapy accredited by an acceptable accrediting agency.
79-10.2 Professional licensing
examinations.
(a) Each candidate for licensure as a
licensed marriage and family therapist 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 marriage and family therapy proficiency at the master's degree
level and adequately measures the candidate's knowledge concerning practice as a
licensed marriage and family therapist as defined in subdivision (1) of section
8403 of the Education Law.
(b) Requirements for admission to
examination for licensure as a licensed marriage and family 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 the initial license and
the fee for the first registration period, as prescribed in section 8403(3)(g)
of the Education Law;
(3) present satisfactory evidence of having
met the education requirement for licensure as a licensed marriage and family
therapist, as prescribed in section 79-10.1 of this Subpart, including receipt
of the degree.
(b) Passing score. The passing score for the
examination for licensure as a licensed marriage and family therapist shall be
determined by the State Board for Mental Health
Practitioners.
79-10.3 Experience
requirement.
(a) An applicant for licensure as a licensed
marriage and family therapist shall meet the supervised experience requirement
set forth in this section.
(b) An applicant who has met the education
requirement prescribed in section 79-10.1 of this Subpart through completing a
master's or doctoral program registered by the department as leading to
licensure in this field or an equivalent program in marriage and family therapy
shall complete at least 1,500 client contact hours of supervised clinical
experience in a setting acceptable to the department. That experience may include supervised
client contact clock hours completed as part of the program in marriage and
family therapy or after completing such program, provided that such 1,500 client
contact hours must be in addition to the supervised practicum of 300 client
contact hours which the registered program in marriage and family therapy or its
equivalent must contain, in accordance with the requirements of section 52.33 of
this Title.
(c) An applicant who has met the education
requirement prescribed in section 79-10.1 of this Subpart through completing a
graduate degree program in an allied mental health field and additional graduate
level coursework, if needed, shall complete at least 1,500 client contact clock
hours of supervised clinical experience at a setting acceptable to the
department, which all must be completed after completing the graduate degree
program in the allied mental health field.
(d) 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 the application of marriage and family therapy
theories, techniques and supervisory processes to assist the applicant in
developing skills necessary to practice marriage and family therapy, which
emphasizes the treatment of relational, systemic dynamics in therapy and focuses
on special training and techniques required for treating more than one person in
therapy; 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.
(e) Setting for the experience. For a
setting for the clinical 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
marriage and family therapy, as defined in section 8403(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.
79-10.4 Limited permits. As authorized by section 8409 of
the Education Law, the department may issue a limited permit to practice
marriage and family therapy in accordance with the requirements of this
section.
(a) An applicant for a limited permit to
practice marriage and family 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
marriage and family therapist, except the examination and/or experience
requirements; and
(3) be under the supervision of a supervisor
in accordance with the requirements of section 79-10.3 of this
Subpart.
(b) The limited permit in marriage and
family therapy shall be issued for specific employment setting(s), acceptable to
the department in accordance with the requirements of section 79-10.3 of this
Subpart.
(c) The limited permit in marriage and
family 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.
79-10.5 Classifications systems. A licensed marriage and family
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 marriage and family therapy as defined in
section 8403(1) of the Education Law.
79-10.6 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 marriage and family therapist as prescribed in section 8403(3) of the
Education Law, may qualify for a license as a marriage and family therapist
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 8403(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 marriage and family therapy or in an allied mental health
field such as social work, psychology, or mental health counseling, 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 program that contains
curricular content in the study of: human development, marital and family
therapy, and research; and
(5) document to the satisfaction of the
department of having been engaged in the practice of marriage and family
therapy, as defined in section 8403(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
marriage and family therapy, 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
marriage and family therapist as prescribed in section 8403(3) of the Education
Law, except for the examination requirement, may qualify for a license as a
marriage and family 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 8403(3)(g) of the Education
Law;
(2) meet all requirements for the license
as a marriage and family therapist prescribed in section 8403(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 marriage and family therapists, 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 marriage and family therapists
throughout the United States based upon a review of their qualifications to
practice marriage and family therapy and must have adequate standards for the
review of the applicant's qualifications for practicing marriage and family
therapy, as determined by the department.
Such standards must include standards for the review of the applicant's
education and experience for practicing marriage and family therapy 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 marriage and family therapists 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
marriage and family therapy, as defined in section 8403(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 marriage and family therapy, earned over a 52-week
period.