0904heppd7

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.

Attachment

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

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:

(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.

The Honorable the Members of the Board of Regents