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.
