|
|
THE STATE
EDUCATION DEPARTMENT / THE UNIVERSITY
OF THE STATE OF |
|
TO: |
Higher Education and
Professional Practice Committee
|
|
FROM: |
Johanna
Duncan-Poitier |
|
SUBJECT: |
Proposed Amendment to
the Regulations of the Commissioner of Education Relating to Alternative
Requirements for Licensure in the Mental Health Practitioner
Professions |
|
DATE: |
March 8,
2006 |
|
STRATEGIC GOAL: |
Goal
3 |
|
AUTHORIZATION(S): |
|
Summary
Issue for Decision (Consent
Agenda)
Should the Regents amend sections 79-9.6, 79-10.6, 79-11.6, and 79-12.6
of the Regulations of the Commissioner of Education, relating to alternative
requirements for licensure in the mental health practitioner professions?
Reason for Consideration
Review of
Policy.
Proposed Handling
This amendment was adopted as an emergency measure at
the December 2005 Regents meeting. The proposed amendment is now submitted for
adoption as a permanent rule. A
second emergency measure is also necessary for the preservation of the general
welfare in order to ensure that the rule remains continuously in effect until
the effective date of its adoption as a permanent rule. A Statement of Facts and Circumstances
Which Necessitate Emergency Action is attached.
Procedural History
The Board of Regents adopted this amendment as an emergency measure at
its December 2005 meeting. A Notice
of Emergency Adoption and Proposed Rule Making was published in the State
Register on January 11, 2006.
Background
Information
The purpose of the proposed amendment is to permit practitioners in one of the new mental health practitioner professions to have until December 31, 2006 to meet alternative requirements for licensure, provided that they have applied for licensure by January 1, 2006. The amendment will provide additional time for current practitioners to remedy deficiencies in applications for licensure in these professions.
In addition to establishing requirements for those first entering the mental health practitioner professions, Article 163 of the Education Law authorizes the State Education Department to establish alternative requirements for the licensure of those already practicing prior to the licensure requirement (grandparenting applicants). Under regulations adopted in January 2005, such applicants were required to satisfy all alternative requirements on or before January 1, 2006.
Due to the complexity of creating four new professions, the statutory provision that permits applicants to apply for licensure under the alternative requirements through January 1, 2006, the number of applications received, and the need to carefully review each application for education and experience, the Department was unable to complete the processing of grandparenting applications in time for applicants to complete any identified deficiencies in meeting licensure requirements by January 1, 2006, the date by which the regulation adopted in January 2005 required all requirements to be met. The proposed amendment will afford applicants who are current practitioners an additional year, until December 31, 2006, to meet the alternative requirements. This extension will enable the Department to continue to take the time necessary to review the applications in a manner which protects the public, while affording applicants the opportunity to remedy deficiencies. Supporting materials for the proposed amendment are available upon request from the Secretary to the Board of Regents.
Recommendation
I recommend that the Board of Regents take the following action:
VOTED: That sections 79-9.6, 79-10.6, 79-11.6, and 79-12.6 of the Regulations of the Commissioner of Education be amended, as submitted, effective April 13, 2006.
VOTED: That sections 79-9.6, 79-10.6, 79-11.6, and 79-12.6 of the Regulations of the Commissioner of Education be amended, as submitted, effective March 27, 2006, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare to ensure that the rule remains continuously in effect until the effective date of its adoption as a permanent rule.
Timetable for Implementation
Pursuant to the State Administrative Procedure Act, the March permanent adoption of this amendment cannot be effective until after its publication in the State Register on April 12, 2006. However, the December emergency adoption will expire on March 26, 2006. Therefore, in addition to the permanent adoption, a second emergency adoption, effective March 27, 2006, is necessary to ensure that the amendment remains continuously in effect.
AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF
EDUCATION
Pursuant to sections 207, 6501, 6504, 6507, and 8411 of the Education
Law.
1.
Section 79-9.6 of the Regulations of the Commissioner of Education is
amended, effective April 13, 2006, as follows:
79-9.6 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 mental health counselor as prescribed in section 8402(3) of the Education
Law, may qualify for a license as a mental health counselor through meeting the
alternative requirements prescribed in either paragraph (1), (2) or (3) of this
subdivision, provided that the applicant files the licensure application with
the department and pays the required fees by January 1, 2006 and meets all
[such] of the other requirements on or before [January 1, 2006]
December 31, 2006.
(1) . . .
(2) . . .
(3) . . .
(b) In
accordance with section 8411(2)(b) of the Education Law, an applicant who meets
all requirements for licensure as a mental health counselor, as prescribed in
section 8402(3) of the Education Law, except for the examination requirement,
may qualify for a license as a mental health counselor through meeting the
requirements of this subdivision, provided that the applicant files the
licensure application with the department and pays the required fees by January 1, 2006 and meets
[these] all of the other requirements on or before [January 1, 2006]
December 31, 2006. The
applicant shall:
(1) . . .
(2) . . .
(3) . . .
2. Section 79-10.6 of the Regulations of the
Commissioner of Education is amended, effective April 13, 2006, as
follows:
79-10.6 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 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 prescribed in either paragraph (1),
(2) or (3) of this subdivision, provided that the applicant files the
licensure application with the department and pays the required fees by January
1, 2006 and meets all [such] of the other requirements on or before
[January 1, 2006] December 31, 2006.
(1) . . .
(2) . . .
(3) . . .
(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 files the
licensure application with the department and pays the required fees by January
1, 2006 and meets [these] all of the other requirements on or before
[January 1, 2006] December 31,2006. The applicant
shall:
(1) . . .
(2) . . .
(3) . . .
3.
Section 79-11.6 of the Regulations of the Commissioner of Education is
amended, effective April 13, 2006, as follows:
79-11.6 Special
provisions.
(a) . . .
(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 files the licensure application with the department and pays the
required fees by January 1, 2006 and meets all [such] of the other
requirements on or before [January 1, 2006] December 31, 2006. [The
applicant shall:]
(1) . . .
(2) . . .
(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 files the licensure application with the department and
pays the required fees by January 1, 2006 and meets [these] all of the
other requirements on or before [January 1, 2006] December 31, 2006.
The applicant shall:
(1) . . .
(2) . . .
(3) . . .
4.
Section 79-12.6 of the Regulations of the Commissioner of Education is
amended, effective April 13, 2006, as follows:
(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 files
the licensure application with the department and pays the required fees by
January 1, 2006 and meets all [such] of the other requirements on or
before [January 1, 2006] December 31, 2006. [The applicant
shall:]
(1) . . .
(2) . . .
(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 files the licensure application
with the department and pays the required fees by January 1, 2006 and meets
[these] all of the other requirements on or before [January 1, 2006]
December 31, 2006. The applicant shall:
(1) . . .
(2) . . .
(3) . . .
AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF
EDUCATION
Pursuant to sections 207, 6501, 6504, 6507, and 8411 of the Education
Law.
1.
Section 79-9.6 of the Regulations of the Commissioner of Education is
amended, effective March 27, 2006, as follows:
79-9.6 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 mental health counselor as prescribed in section 8402(3) of the Education
Law, may qualify for a license as a mental health counselor through meeting the
alternative requirements prescribed in either paragraph (1), (2) or (3) of this
subdivision, provided that the applicant files the licensure application with
the department and pays the required fees by January 1, 2006 and meets all
[such] of the other requirements on or before [January 1, 2006]
December 31, 2006.
(1) . . .
(2) . . .
(3) . . .
(b) In
accordance with section 8411(2)(b) of the Education Law, an applicant who meets
all requirements for licensure as a mental health counselor, as prescribed in
section 8402(3) of the Education Law, except for the examination requirement,
may qualify for a license as a mental health counselor through meeting the
requirements of this subdivision, provided that the applicant files the
licensure application with the department and pays the required fees by January 1, 2006 and meets
[these] all of the other requirements on or before [January 1, 2006]
December 31, 2006. The applicant shall:
(1) . . .
(2) . . .
(3) . . .
2. Section 79-10.6 of the Regulations of the
Commissioner of Education is amended, effective March 27, 2006, as
follows:
79-10.6 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 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 prescribed in either paragraph (1),
(2) or (3) of this subdivision, provided that the applicant files the
licensure application with the department and pays the required fees by January
1, 2006 and meets all [such] of the other requirements on or before
[January 1, 2006] December 31, 2006.
(1) . . .
(2) . . .
(3) . . .
(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 files the
licensure application with the department and pays the required fees by January
1, 2006 and meets [these] all of the other requirements on or before
[January 1, 2006] December 31,2006. The applicant
shall:
(1) . . .
(2) . . .
(3) . . .
3.
Section 79-11.6 of the Regulations of the Commissioner of Education is
amended, effective March 27, 2006, as follows:
79-11.6 Special
provisions.
(a) . . .
(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 files the licensure application with the department and pays the
required fees by January 1, 2006 and meets all [such] of the other
requirements on or before [January 1, 2006] December 31, 2006. [The
applicant shall:]
(1) . . .
(2) . . .
(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 files the licensure application with the department and
pays the required fees by January 1, 2006 and meets [these] all of the
other requirements on or before [January 1, 2006] December 31, 2006.
The applicant shall:
(1) . . .
(2) . . .
(3) . . .
4.
Section 79-12.6 of the Regulations of the Commissioner of Education is
amended, effective March 27, 2006, as follows:
(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 files
the licensure application with the department and pays the required fees by
January 1, 2006 and meets all [such] of the other requirements on or
before [January 1, 2006] December 31, 2006. [The applicant
shall:]
(1) . . .
(2) . . .
(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 files the licensure application
with the department and pays the required fees by January 1, 2006 and meets
[these] all of the other requirements on or before [January 1, 2006]
December 31, 2006. The applicant shall:
(1) . . .
(2) . . .
(3) . . .
PROPOSED AMENDMENT TO SECTIONS 79-9.6, 79-10.6,
79-11.6, AND 79-12.6 OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION
PURSUANT TO SECTIONS 207, 6501, 6504, 6507, and 8411 OF THE EDUCATION LAW
RELATING TO ALTERNATIVE REQUIREMENTS FOR LICENSURE IN THE MENTAL HEALTH
PRACTIONER PROFESSIONS
STATEMENT OF FACTS
AND CIRCUMSTANCES
WHICH NECESSITATE
EMERGENCY ACTION
The purpose of the proposed amendment is to permit
practitioners in one of the new mental health practitioner professions to have
until December 31, 2006 to meet alternative requirements for licensure, provided
that they have applied for licensure by January 1, 2006. The amendment will provide additional
time for current practitioners to remedy deficiencies in applications for
licensure in these professions.
In addition to establishing requirements for those
first entering the mental health practitioner professions, Article 163 of the
Education Law authorizes the State Education Department to establish alternative
requirements for the licensure of those already practicing prior to the
licensure requirement (grandparenting applicants).
Under regulations adopted in January 2005, such applicants are required to
satisfy all alternative requirements on or before January 1,
2006.
Due to the complexity of creating four new
professions, the statutory provision that permits applicants to apply for
licensure under the alternative requirements through January 1, 2006, the number
of applications received, and the need to carefully review each application for
education and experience, the Department was unable to complete the processing
of grandparenting applications in time for applicants
to complete any identified deficiencies in meeting licensure requirements by
January 1, 2006, the date by which the regulations adopted in January 2005 required all requirements to be met. The proposed amendment will afford
applicants who are current practitioners an additional year, until December 31,
2006, to meet the alternative requirements. This extension will enable the
Department to continue to take the time necessary to review the applications in
a manner which protects the public, while affording applicants the opportunity
to remedy deficiencies.
The State Education Department received about 7,700
applications for licensure in these four professions by the end of the grandparenting application period (January 1, 2006). As of March 1, 2006, about 3,500
applications have been reviewed and about 1,700 licenses issued. Based upon our experience to date, it is
estimated that about one-half of the applications yet to be reviewed by the
Department will require further actions by the applicants to cure deficiencies
or to provide clarifying information to meet the alternative requirements. Thus, the Department estimates that about
2,000 practitioners will need additional time to cure deficiencies or provide
additional information. If they are
not afforded an opportunity to meet the alternative requirements, this will mean
that they will not be able to practice their profession until they meet the
regular requirements for licensure.
In addition to severely impacting the careers of these practitioners,
many of whom have been providing mental health services for many years, the
discontinuance of their practices would have a serious impact on many patients
who rely on them for mental health services.
This
amendment was adopted as an emergency measure, effective December 27, 2005, by
the Board of Regents at their December 2005 meeting. The amendment is being presented to the
Board of Regents for adoption as a permanent rule at their March 20-21, 2006
meeting, which is the first scheduled meeting after expiration of the 45-day
public comment period mandated by the State Administrative Procedure Act
(SAPA). Pursuant to SAPA section
202(5), the permanent adoption cannot become effective until after its
publication in the State Register on April 12, 2006. However, the December emergency adoption
will expire on March 26, 2006, 90 days after its filing with the Department of
State. Emergency action
continues to be necessary to preserve the general welfare to help ensure that
there are adequate numbers of individuals licensed in the mental health practice
professions to meet the mental health care needs of residents of