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:

November 30, 2004

PROPOSED HANDLING:

Discussion

RATIONALE FOR ITEM:

Item for Statute

STRATEGIC GOAL:

Goals 2 and 3

AUTHORIZATION(S):

 

 

SUMMARY:

 

Attached for discussion is a proposed revised 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 college 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 regulation was published in the State Register on August 25, 2004 and discussed by the Higher Education and Professional Practice Committee on September 9, 2004.  In response to public comments received, the proposed regulation has been revised in the areas of education, experience, and special provisions for licensing prior to January 1, 2006. The attached assessment of public comment and a Notice of Revised Rule Making will be published in the State Register on December 1, 2004.  It is recommended that formal action on the regulation be taken at the January 2005 meeting of the Board of Regents.

 

 

Attachments

 


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.