THE STATE
EDUCATION DEPARTMENT / THE UNIVERSITY
OF THE STATE OF NEW YORK / ALBANY, NY 12234 |
TO: |
The Honorable the Members of the Board of Regents |
FROM: |
Johanna Duncan-Poitier |
COMMITTEE: |
Higher Education and Professional Practice |
TITLE OF
ITEM: |
Proposed Promulgation of Regulations of the Commissioner of Education Relating to Requirements for Licensure in Psychoanalysis |
DATE OF
SUBMISSION: |
August 10, 2004 |
PROPOSED
HANDLING: |
Discussion |
RATIONALE FOR
ITEM: |
To Implement Statute |
STRATEGIC
GOAL: |
Goals 2 and 3 |
AUTHORIZATION(S): |
|
SUMMARY:
Attached for discussion is a proposed addition of section 52.35 and Subpart 79-12 to the Regulations of the Commissioner of Education, relating to requirements for licensure in psychoanalysis. Supporting materials for the proposed regulation are available upon request from the Secretary to the Board of Regents.
The purpose of the proposed regulation is to implement the provisions of Article 163 of the Education Law by establishing education, experience, and examination requirements for licensure in the new licensed profession of psychoanalysis, requirements for limited permits to practice this profession, and standards for registered educational programs leading to licensure in this field. Psychoanalysis is one of four new professions, under the State Board for Mental Health Practitioners, established by Chapter 676 of the Laws of 2002.
A Notice of Proposed Rule Making concerning the proposed regulation will be published in the State Register on August 25, 2004. It is recommended that formal action on the proposed regulation be taken at the November 2004 meeting of the Board of Regents.
AMENDMENT TO THE REGULATIONS OF THE
COMMISSIONER OF EDUCATION
Pursuant to sections 207, 210, 6501, 6504,
6507, 6508, 8405, 8409, and 8411 of the Education Law.
1.
Section 52.35 of the Regulations of the Commissioner of Education is
added, effective January 1, 2005, as follows:
52.35 Psychoanalysis.
In addition to meeting all applicable
provisions of this Part, to be registered as a program recognized as leading to
licensure in psychoanalysis, which meets the requirements of section 79-12.1 of
this Title, the program shall meet the requirements of this
section.
(a) The program shall be offered by a
psychoanalytic institute chartered by the Board of Regents, or an institution
authorized by its charter or by authorization of the Board of Regents to confer
degrees in New York State. The
program shall lead to a certificate of completion, which shall be conferred upon
students who successfully complete the program.
(b) In order to be admitted into the
program, the program shall require the student to have completed a master's or
higher degree program in any field registered by the department pursuant to this
Part, or a substantially equivalent program.
(c) The course of study shall include
coursework substantially equivalent to coursework required in a master's degree
program in a health or mental health field of study. The course of study shall include a
total of at least 1,350 clock hours of study, distributed as set forth in this
subdivision in the following four categories: coursework, personal
psychoanalysis, supervised analysis, and clinical experience.
(1) Coursework. The program shall include at least 45
clock hours of classroom instruction in each of the following areas, totaling at
least 405 clock hours of classroom instruction:
(i) personality
development;
(ii) psychoanalytic theory of
psychopathology;
(iii) psychoanalytic theory of
psychodiagnosis;
(iv) sociocultural influence on growth and
psychopathology;
(v) practice technique (including dreams and
symbolic processes);
(vi) analysis of resistance, transference,
and countertransference;
(vii) case seminars on clinical
practice;
(viii) practice in psychopathology and
psychodiagnosis; and
(ix) professional ethics and psychoanalytic
research methodology.
(2) Personal psychoanalysis. The program shall require the student to
complete at least 300 clock hours of personal psychoanalysis.
(3) Supervised analysis. The program shall include at least 150
clock hours of supervised analysis of the student's psychoanalytic cases. The supervised analysis shall
include:
(i) 50 clock hours of individual supervision
with one supervisor working on one case; and
(ii) at least 100 clock hours of individual
supervision with another supervisor working on one or more additional
cases.
(4) Clinical experience. The program shall require the student to
complete at least 300 clock hours of supervised clinical experience in the
practice of psychoanalysis, as defined in section 8405(1) of the Education
Law. The clinical experience
shall meet the requirements set forth in section 79-12.3 of this Title. In addition, if the setting for the
clinical experience is not within the institution offering the program itself, a
written contract or agreement shall be executed between the institution and
clinical facility which is designated to cooperate in providing the clinical
experience, which shall set forth the responsibilities of each party, and shall
be signed by the responsible officer of each party.
2.
Subpart 79-12 of the Regulations of the Commissioner of Education is
added, effective January 1, 2005, to read as follows:
Subpart
79-12
Psychoanalysis
79-12.1 Professional
study.
(a) As used in this section, acceptable
accrediting agency shall mean an organization accepted by the department as a
reliable authority for the purpose of accrediting psychoanalysis programs,
having accreditation standards that are substantially equivalent to the
requirements for programs registered as leading to licensure in psychoanalysis
pursuant to section 52.35 of this Title, and applying its criteria for granting
accreditation of programs in a fair, consistent, and nondiscriminatory manner.
(b) To meet the professional education
requirement for licensure as a psychoanalyst, the applicant shall present
satisfactory evidence of:
(1) having received a master's or higher
degree through completing a program in any field that is registered by the
department pursuant to this Part, or the substantial equivalent;
and
(2) either:
(i) completing a program in psychoanalysis
that is registered as leading to licensure in this field pursuant to section
52.35 of this Title or a program in psychoanalysis that is accredited by an
acceptable accrediting agency, or a program in psychoanalysis that is
substantially equivalent to such a registered or accredited program, as
determined by the department; or
(ii) completing a program that is located
outside the United States and its territories that is recognized by the
appropriate civil authorities of the jurisdiction in which the program is
located as a program that prepares an applicant for the professional practice of
psychoanalysis, has been verified in accordance with subdivision (c) of section
59.2 of this Title, and which is determined by the department to be
substantially equivalent to a program in psychoanalysis registered by the
department as leading to licensure in this field, pursuant to section 52.35 of
this Title, or to a program in psychoanalysis accredited by an acceptable
accrediting agency.
79-12.2 Professional licensing
examination.
(a) Each candidate for licensure as a
psychoanalyst shall pass a scored assessment of case narratives, which shall
meet the following requirements:
(i) The case narratives shall be submitted
to the department in a form prescribed by the department.
(ii) The case narratives shall describe the
assessment and treatment in two cases.
The narratives shall demonstrate the relationships among the presenting
problems, the background material, a formulation of case dynamics, a diagnosis
formulation, the phases of the psychoanalytic process, an assessment of patient
functioning, and supervisory issues.
(iii) The case narratives shall be scored
by the State Board for Mental Health Practitioners. Failing examinations may be revised and
resubmitted only once.
(b) Requirements for admission to
examination for licensure as a psychoanalyst. To be admitted to the licensing
examination, the candidate shall be required to:
(1) file an application for licensure with
the department;
(2) pay the fee for initial licensure and
the fee for the first registration period, as prescribed in section 8405(3)(g)
of the Education Law; and
(3) present satisfactory evidence of having
met the education requirement for licensure as a psychoanalyst, as prescribed in
section 79-12.1 of this Subpart, including receipt of the master's degree and
the certificate of completion.
(c) Passing score. The passing score for the
examination for licensure as a psychoanalyst shall be determined by the State
Board for Mental Health Practitioners.
79-12.3 Experience requirement.
(a) An applicant for licensure as a
psychoanalyst shall meet the experience requirement for licensure as a
psychoanalyst by submitting sufficient documentation of having completed a
supervised experience of at least 1,500 clock hours providing psychoanalysis in
a setting acceptable to the department, all in accordance with the requirements
of this section.
(b) All or part of the supervised experience
may be obtained within the education program required for licensure as a
psychoanalyst, as prescribed in section 79-12.1 of this
Subpart.
(c) Supervision of the experience. The experience shall be supervised in
accordance with the requirements of this subdivision.
(1) Supervision of the experience shall
consist of contact between the applicant and supervisor during
which:
(i) the applicant apprises the supervisor of
the treatment of each client;
(ii) the applicant’s cases are discussed
with the supervisor in conformity with federal and state laws regarding the
confidentiality of patient-identifiable information;
(iii) the supervisor provides the applicant
with oversight and guidance in developing skills as a psychoanalyst, including
but not limited to, the analysis of resistance, transference,
counter-transference, and unconscious processes in the practice of
psychoanalysis; and
(iv) the supervisor provides an average
of one hour per week or two hours every other week of in-person individual or
group supervision.
Supervision may be provided in formats other than in-person only with
the approval of the department upon a showing of good cause, including but not
limited to, inability to locate a sufficient number of qualified supervisors to
perform in-person supervision and an acceptable plan to provide the supervision
through an alternative format.
(2) The supervision shall be provided by an
individual who is licensed pursuant to Articles 131, 131-b, 139, 153, 154 or 163
of the Education Law.
(d) Setting for the experience. For a
setting for the experience to be acceptable to the department, it shall meet the
following requirements:
(1) The setting shall be a location at which
legally authorized individuals provide services that constitute the practice of
psychoanalysis, as defined in section 8405(1) of the Education
Law.
(2) The setting in which the experience is
gained shall be responsible for the services provided by individuals gaining
experience for licensure.
(3) The setting shall not be a private
practice owned or operated by the applicant.
79-12.4 Limited permits. As authorized by section 8409 of the
Education Law, the department may issue a limited permit to practice
psychoanalysis in accordance with the requirements of this section.
(a) An applicant for a limited permit to
practice psychoanalysis shall:
(1) file an application for a limited permit
with the department and pay the application fee, as prescribed in section
8409(3) of the Education Law;
(2) meet all requirements for licensure as a
psychoanalyst, except the examination and/or experience requirements; and
(3) be under the supervision of a supervisor
in accordance with the requirements of section 79-12.3 of this
Subpart.
(b) The limited permit in psychoanalysis
shall be issued for specific employment setting(s), acceptable to the department
in accordance with the requirements of section 79-12.3 of this Subpart.
(c) The limited permit in psychoanalysis
shall be valid for a period of not more than 12 months, provided that the
limited permit may be extended for an additional 12 months at the discretion of
the department if the department determines that the permit holder has made good
faith efforts to successfully complete the examination and/or experience
requirements within the first 12 months but has not passed the licensing
examination or completed the experience requirement, or has other good cause as
determined by the department for not completing the examination and/or
experience requirement within the first 12 months, and provided further that the
time authorized by such limited permit and subsequent extension shall not exceed
24 months total.
79-12.5 Classifications systems. A licensed psychoanalyst may use
accepted classifications of signs, symptoms, dysfunctions and disorders, such as
the Diagnostic and Statistical Manual of Mental Disorders, published by the
American Psychiatric Association, or an equivalent classification system as
determined by the department, provided that such use is consistent with the
practice of psychoanalysis as defined in section 8405(1) of the Education
Law.
79-12.6 Special
provisions.
(a) In accordance with section 8411(2)(a) of
the Education Law, an applicant who does not meet the requirements for licensure
as a psychoanalyst as prescribed in section 8405(3) of the Education Law, may
qualify for a license as a psychoanalyst through meeting the alternative
requirements of this subdivision, provided that the applicant meets these
requirements on or before January 1, 2006.
The applicant shall:
(1) file an application for licensure by
January 1, 2006 and pay the fee for the initial license and the fee for the
first registration period, as prescribed in section 8405(3)(g) of the Education
Law;
(2) be of good moral character as determined
by the department;
(3) be at least 21 years of
age;
(4) have completed a baccalaureate or higher
degree program in any field that is registered by the department pursuant to
Part 52 of this Title, or is an equivalent program as determined by the
department;
(5) document to the satisfaction of the
department of having completed coursework at a psychoanalytic institute
chartered by the Board of Regents or an institution authorized by its charter or
by authorization of the Board of Regents to confer degrees in New York State, or
equivalent coursework, of 45 clock hours of classroom instruction in each of the
following areas:
(i) personality
development;
(ii) psychoanalytic theory;
(iii) practice techniques, including dreams
and symbolic processes;
(iv) analysis of resistance, transference,
and countertransference;
(v) psychoanalytic research methodology;
(6) document to the satisfaction of the
department of having completed at least 150 clock hours of personal
psychoanalysis; and
(7) document to the satisfaction of the
department of having been engaged in the practice of psychoanalysis, as defined
in section 8405(1) of the Education Law, on a full-time basis for seven years of
the immediately preceding twelve years.
For purposes of this subparagraph, practice on a full-time basis shall
mean 960 clock hours in the practice of psychoanalysis, earned over a 52-week
period.
(b) In accordance with section 8411(2)(b) of
the Education Law, an applicant who meets all requirements for licensure as a
psychoanalyst, as prescribed in section 8405(3) of the Education Law, except for
the examination requirement, may qualify for a license as a psychoanalyst
through meeting the requirements of this subdivision, provided that the
applicant meets these requirements on or before January 1, 2006. The applicant
shall:
(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) document to the satisfaction of the
department certification or registration by a national certifying or registering
body for psychoanalysts, acceptable to the department. To be acceptable to the department, the
national certifying or registering body must be recognized nationwide as an
organization that certifies or registers psychoanalysts throughout the United
States based upon a review of their qualifications to practice psychoanalysis
and must have adequate standards for the review of the applicant's
qualifications for practicing psychoanalysis, as determined by the
department. Such standards must
include standards for the review of the applicant's education and experience for
practicing psychoanalysis and may include an examination requirement. For use under this subdivision, such
certification or registration need not be current but shall not have been
revoked for misconduct and/or unethical activities. For documentation of the
applicant's certification or registration status to be sufficient, the national
certifying or registering body must submit documentation verifying the
applicant's certification or registration status directly to the department; or
(ii) if there is no national certifying or
registering body for psychoanalysts acceptable to the department as prescribed
in subparagraph (i) of this paragraph, document to the satisfaction of the
department of having been engaged in the practice of psychoanalysis, as defined
in section 8405(1) of the Education Law, on a full-time basis for five years of
the immediately preceding eight years.
For purposes of this subparagraph, practice on a full-time basis shall
mean 960 clock hours in the practice of psychoanalysis, earned over a 52-week
period.