AMENDMENT TO THE REGULATIONS OF THE
COMMISSIONER OF EDUCATION
Pursuant to sections 207, 210, 6501, 6504,
6507, 6508, 8402, 8409, and 8411 of the Education Law.
1.
Section 52.32 of the Regulations of the Commissioner of Education is
added, effective February 3, 2005, as follows:
52.32 Mental health counseling.
In addition to meeting all applicable
provisions of this Part, to be registered as a program recognized as leading to
licensure in mental health counseling, which meets the requirements of section
79-9.1 of this Title, the program shall:
(a) be a master's or doctoral degree program
in counseling;
(b) through December 31, 2009, include at
least 48 semester hours, or the equivalent, of study, and effective January 1,
2010 and thereafter, include at least 60 semester hours, or the equivalent, of
study;
(c) contain curricular content that includes
but is not limited to each of the following content areas:
(1) human growth and
development;
(2) social and cultural foundations of
counseling;
(3) counseling theory and practice;
(4)
psychopathology;
(5) group dynamics;
(6) lifestyle and career development;
(7) assessment and appraisal of individuals,
couples, families and groups;
(8) research and program
evaluation;
(9) professional orientation and
ethics;
(10) foundations of mental health counseling
and consultation;
(11) clinical instruction;
and
(d) include a supervised internship or
supervised practicum in mental health counseling of at least one-year, defined
as at least 600 clock hours for purposes of this section.
2.
Subpart 79-9 of the Regulations of the Commissioner of Education is
added, effective February 3, 2005, to read as follows:
Subpart
79-9
Mental Health
Counseling
79-9.1 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 counseling programs, having
accreditation standards that are substantially equivalent to the requirements
for programs registered as leading to licensure in mental health counseling
pursuant to section 52.32 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 mental health counselor, the applicant shall
present satisfactory evidence of completing:
(1) a master's or doctoral program in
counseling registered as leading to licensure in mental health counseling
pursuant to section 52.32 of this Title, or a master's or doctoral program in
counseling that is accredited by an acceptable accrediting agency, or a master's
or doctoral program in counseling that is substantially equivalent to such a
registered or accredited program, as determined by the department; 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 mental health
counseling, 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 counseling registered by the
department as leading to licensure in mental health counseling, pursuant to
section 52.32 of this Title, or to a master's or doctoral program in counseling
accredited by an acceptable accrediting agency.
79-9.2 Professional licensing
examination.
(a) Each candidate for licensure as a mental
health counselor 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 mental health counseling proficiency at the master's degree
level and adequately measures the candidate's knowledge concerning practice as a
mental health counselor as defined in subdivision (1) of section 8402 of the
Education Law.
(b) Requirements for admission to
examination for licensure as a mental health counselor. 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 8402(3)(g)
of the Education Law; and
(3) present satisfactory evidence of having
met the education requirement for licensure as a mental health counselor, as
prescribed in section 79-9.1 of this Subpart, including receipt of the
degree.
(c) Passing score. The passing score for the
examination for licensure as a mental health counselor shall be determined by the State Board
for Mental Health Practitioners.
79-9.3 Experience requirement.
(a) An applicant for licensure as a mental
health counselor shall meet the experience requirement for licensure as a mental
health counselor by submitting sufficient documentation of having completed a
supervised experience of at least 3,000 clock hours providing mental health
counseling 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
mental health counselor, as prescribed in section 79-9.1 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: assessment and evaluation, treatment planning,
completing psychosocial histories and progress notes, individual counseling,
group counseling, psychotherapy, and consultation; 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
master's or higher degree program
in counseling, 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 mental health counseling for three years or the part-time
equivalent. For purposes of this
subparagraph, practice on a full-time basis shall mean 960 clock hours in the
practice of mental health counseling, earned over a 52-week period;
and
(iii) The supervisor shall be licensed and
registered in New York State to practice mental health counseling, 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 mental health counseling on or before
December 31, 2007, be an individual with certification or registration by an
acceptable national certifying or registering body for mental health
counselors. To be acceptable to the
department, the national certifying or registering body must be recognized
nationwide as an organization that certifies or registers mental health
counselors throughout the United States based upon a review of their
qualifications to practice mental health counseling and must have adequate
standards for the review of the applicant's qualifications for practicing mental
health counseling, as determined by the department. Such standards must include standards
for the review of the applicant's education and experience for practicing mental
health counseling 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
mental health counseling, as defined in section 8402(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.
79-9.4 Limited permits. As authorized by section 8409 of the
Education Law, the department may issue a limited permit to practice mental
health counseling in accordance with the requirements of this section.
(a) An applicant for a limited permit to
practice mental health counseling 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
mental health counselor, 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
79-9.3 of this Subpart.
(b) The limited permit in mental health
counseling shall be issued for specific employment setting(s), acceptable to the
department in accordance with the requirements of section 79-9.3 of this
Subpart.
(c) The limited permit in mental health
counseling shall be valid for a period of not more than 24 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 24 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 24 months, and provided further that the
time authorized by such limited permit and subsequent extension shall not exceed
36 months total.
79-9.5 Classifications systems. A licensed mental health counselor
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 mental health counseling as defined in section 8402(1) of the
Education Law.
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 paragraphs (1), (2), or (3) of
this subdivision, provided that the applicant meets all such requirements on or
before January 1, 2006.
(1) Alternative route one. An applicant may qualify for a license
as a mental health counselor 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 8402(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 counseling or in a related mental health field such as social
work, psychology, or marriage and family therapy, 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) human growth and
development;
(2) counseling theory and
practice;
(3) assessment and appraisal of individuals,
couples, families and groups;
(4) foundation of counseling and
consultation;
(5) clinical instruction and counseling;
(6) research and program evaluation;
and
(b) a supervised internship in counseling;
and
(v) after completing the master's or higher
degree program prescribed in subparagraph (iv) of this paragraph, have engaged
in the practice of mental health counseling, as defined in section 8402(1) of
the Education Law, for at least 3,000 clock hours.
(2) Alternative route two. An applicant may qualify for a license
as a mental health counselor 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 8402(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 counseling or in a related mental health field such as social work,
psychology, or marriage and family therapy, 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 a program that contains curricular content in the study
of human growth and development, counseling theory and practice, and research
and program evaluation;
(v) after completing the baccalaureate or
higher degree program prescribed in subparagraph (iv) of this paragraph, have
engaged in the practice of mental health counseling, as defined in section
8402(1) of the Education Law, on a full-time basis for seven years of the
immediately preceding ten years prior to application for licensure. For purposes of this subparagraph,
practice on a full-time basis shall mean 960 clock hours in the practice of
mental health counseling, earned over a 52-week period;
(vi) have submitted certifications from
three individuals who meet the qualifications for supervisors of the experience
requirement, as prescribed in section 79-9.3(c)(2), endorsing the applicant's
good professional ethics and clinical competence to practice of mental health
counseling. Such certifications
shall be submitted on forms prescribed by the department;
and
(vii) have met one of the following three
requirements:
(a) after completing the baccalaureate or
higher degree program prescribed in subparagraph (iv) of this paragraph, have
three years of supervised experience in the practice of mental health
counseling, which may be part of the seven years of experience required in
subparagraph (v) of this paragraph.
The supervisor of the experience must meet the qualifications for a
supervisor of required experience prescribed in section 79-9.3(c)(2) of this
Subpart, or
(b) be certified or registered by a national
certifying or registering body for mental health counselors, 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 mental health
counselors throughout the United States based upon a review of their
qualifications to practice mental health counseling and must have adequate
standards for the review of the applicant's qualifications for practicing mental
health counseling, as determined by the department. Such standards must include standards
for the review of the applicant's education and experience for practicing mental
health counseling and may include an examination requirement;
or
(c) complete an acceptable
post-baccalaureate program in mental health counseling or a related field from
an institute chartered by the Board of Regents, or an institution authorized by
its charter or by the Board of Regents to confer degrees in New York State, or
the equivalent as determined by the department, provided that such program
contains curricular content in the study of:
(1) human growth and
development;
(2) counseling theory and
practice;
(3) assessment and appraisal of individuals,
couples, families and groups;
(4) foundation of counseling and
consultation;
(5) clinical instruction and counseling;
and
(6) research and program evaluation.
(3) Alternative route three. An applicant may qualify for a license
as a mental health counselor 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 8402(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 counseling or in a related mental health field such as social work,
psychology, or marriage and family therapy, 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 a program that contains curricular content in the study
of human growth and development, counseling theory and practice, and research
and program evaluation;
(v) after completing the baccalaureate or
higher degree program prescribed in subparagraph (iv) of this paragraph, have
engaged in the practice of mental health counseling or psychotherapy on a
full-time basis for 10 years of the immediately preceding 15 years prior to
application for licensure. For
purposes of this subparagraph, practice on a full-time basis shall mean 960
clock hours in the practice of mental health counseling, earned over a 52-week
period; and
(vi) have submitted certifications from five
individuals who meet the qualifications for supervisors of the experience
requirement, as prescribed in 79-9.3(c)(2), endorsing the applicant's good
professional ethics and clinical competence to practice of mental health
counseling. 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
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 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 8402(3)(g) of the Education
Law;
(2) meet all requirements for the license as
a mental health counselor prescribed in section 8402(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 mental health counselors, 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 mental
health counselors throughout the United States based upon a review of their
qualifications to practice mental health counseling and must have adequate
standards for the review of the applicant's qualifications for practicing mental
health counseling, as determined by the department. Such standards must include standards
for the review of the applicant's education and experience for practicing mental
health counseling 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 mental health counselors acceptable to the department as
prescribed in subparagraph (i) of this paragraph, have engaged in the practice
of mental health counseling, as defined in section 8402(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 960 clock hours in the practice of mental health counseling, earned over a
52-week period.
PROPOSED PROMULGATION OF SECTION 52.32 AND
SUBPART 79-9 OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION PURSUANT TO
SECTIONS 207, 210, 6501, 6504, 6507, 6508, 8402, 8409, and 8411 OF THE EDUCATION
LAW RELATING TO PROFESSIONAL LICENSURE IN MENTAL HEALTH
COUNSELING
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 45 semester hour requirement in
section 52.32 for registered programs leading to licensure in mental health
counseling is inconsistent with accreditation standards.
RESPONSE: In response, the number of
semester hours has been increased to 48 through December 31, 2009, and 60
semester hours thereafter.
COMMENT: Section 52.32(c) of the proposed
regulations should be revised to clarify that the supervised internship requires
in-person client contact providing mental health
counseling.
RESPONSE: The proposed regulation is
consistent with statute and the Department does not believe that the proposed
change is necessary.
COMMENT: Certified Rehabilitation Counselors
(CRC) with a master's degree in rehabilitation counseling, should be licensed as
mental health counselors.
RESPONSE: The proposed regulations provide
the flexibility to allow the licensing of individuals with a master's degree in
counseling that includes specific course content, to be licensed. An applicant's education and experience
would be reviewed to determine if it meets the standards in the Education Law
and Commissioner's Regulations.
Education programs that lead to a master's or higher degree in
rehabilitation counseling would have the opportunity to apply for registration
as license-qualifying for mental health counseling by including curricular
content that meets the requirements of section 52.32 of the Commissioner's
Regulations.
COMMENT: Section 52.32(a) of the proposed
regulations require the completion of a master's or doctoral degree in mental
health counseling, but does not differentiate between the requirements for the
two degrees.
RESPONSE: Section 52.32 specifies minimum
requirements for licensure qualifying programs in mental health counseling. The Department would review applications
to determine whether programs meet all requirements in Regents Rules and the
Regulations of the Commissioner of Education, including duration requirements
for master's and doctoral degree programs.
COMMENT: Section 52.32(a) requires the
completion of at least 45 semester hours with content in 11 specific areas. Nine
of these areas should require at least six semester hours each, so the minimum
should be at least 60 semester hours.
RESPONSE: The proposed regulations do not
specify the number of semester hours to be met within each area of content. The Department does not believe it
necessary to prescribe semester hours for each content area.
COMMENT: Section 52.32(c) should be revised
to require the completion of a 750-clock hour supervised internship or
practicum.
RESPONSE: The proposed regulation defines one-year
of supervised internship or practicum as 600 clock hours. This could be increased at the program's
discretion.
COMMENT: Section 52.32(d) should 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.
COMMENT: The regulation should provide
opportunities for individuals who are currently practicing psychotherapy to meet
the requirements for licensure.
RESPONSE: An individual may meet alternative
requirements for licensure as a mental health counselor. In response to comments from the field,
the Department has increased such alternatives requirements in section 79-9.6 of
the regulations.
COMMENT: Psychotherapy institutes should be
permitted to offer licensure- qualifying programs in mental health
counseling.
RESPONSE: Section 8402 of the Education Law
requires the program to be a master's or higher degree in counseling from a
program registered by the Department, or its equivalent, which would not include
a psychotherapy institute.
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 mental health counselor is treating a patient with serious
mental illness.
RESPONSE: The proposed regulations define
the qualifications for licensure as a mental health counselor. 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 mental health professions.
COMMENT: The proposed regulations should be
revised to allow a student in a psychotherapy training institute to continue
providing mental health counseling services for up to three years.
RESPONSE: Education Law restricts the
practice of mental health counseling to those licensed or otherwise exempt. It is not possible to create
exemptions in regulation that were not prescribed in statute.
COMMENT: The regulations should be revised
to ensure that supervisor of the required experience is qualified in mental
health counseling and to prohibit supervision by a registered professional
nurse, nurse practitioner or physician's assistant.
RESPONSE: The professions identified in the
comment are authorized to practice mental health counseling under an exemption
in Article 163. In response
to comments from the field and in consultation with the State Board for Mental
Health Practitioners, the proposed regulations have been strengthened to require
master's level education and experience in the field of mental health
counseling. The supervisor must be licensed in New York State and authorized to
practice mental health counseling, o r meet equivalent qualifications.
Individuals licensed in the above-referenced professions that meet the
prescribed requirements to
supervise the experience will be governed by the practice requirements of their
profession, including supervision requirements.
COMMENT: The regulations for supervised
experience should accommodate the needs of individuals with disabilities or
those caring for a child or family member.
RESPONSE: The proposed regulations implement
statutory requirements, which authorize only a two-year limited permit, with a
one-year extension. The Department cannot extend the duration of the limited
permit by regulation beyond the limit set in statute.
COMMENT: Teaching in a graduate mental
health counselor program should count toward meeting the 3,000-clock hour
experience requirement for licensure.
RESPONSE: Education Law states that the applicant
must have 3,000 hours of experience relevant to the practice of mental health
counseling and does not define teaching as the practice of mental health
counseling.
COMMENT: The proposed regulations should be
revised to clarify that only "in-person client contact hours" meet the
experience requirement 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 mental health counseling
services.
COMMENT: The requirement in the regulations
that the individual under supervision brief a supervisor on every intake is not
feasible and was not in the statute.
RESPONSE: The State Board for Mental Health
Practitioners recommended this requirement as an appropriate level of
supervision to ensure public protection.
COMMENT: The proposed regulations require
that an applicant complete 3,000 hours of supervised experience but there is no
such requirement for licensure as a Licensed Master Social Worker (LMSW) under
the Education Law. It is not fair
that a mental health counselor does not have the same
option.
RESPONSE: The comment is accurate that
Education Law does not require experience for licensure as an LMSW in New York
State and the Department does not have authority to impose such a
requirement. On the other
hand, Education Law imposes an experience requirement for licensure in a mental
health counseling. The regulation
implements this statutory requirement.
COMMENT: The regulations should specify that
psychological tests may be given by mental health
counselors.
RESPONSE: Section 8402 of the Education Law
prescribes the practice of mental health counseling and authorizes the use of
assessment instruments to "identify, evaluate and treat dysfunctions and
disorders for purposes of providing appropriate mental health counseling
services." The
regulation may not expand the scope of practice beyond that prescribed in
statute.
COMMENT: Section 79-9.5 authorizes a
licensed mental health counselor to use the Diagnostic and Statistical Manual
(DSM) to make formal diagnoses, but the mental health counselor will lack the
basic knowledge required to make formal diagnoses. We suggest amending 79-9.5 to
require consultation with a qualified licensed mental health professional
authorized to make formal diagnoses.
RESPONSE: Section 8411(3) of the Education Law
allows a licensed mental health counselor 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 may be
used within the practice of mental health counseling, as such practice is
prescribed in statute, and does not expand the scope of that
practice.
COMMENT: I find it a shame that persons with
a bachelor's degree are excluded from licensing. The law should include
bachelor's practitioners with appropriate supervision.
RESPONSE: The Education Law establishes a
master's or higher degree in counseling as the regular route to licensure, as
prescribed by statute. In
accordance with statute, the regulation prescribes alternative requirements for
applicants who apply for licensure by January 1, 2006, including alternative
requirements for baccalaureate holders.
COMMENT: The minimum education requirement
for licensure should be completion of a master's degree in counseling.
RESPONSE: In accordance with Education Law section
8411(2)(a), the regulation establishes three alternative routes to
licensure. The alternatives
permit individuals with appropriate education and experience to be licensed, and
would permit baccalaureate education 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, and that the applicant to meet additional requirements
relating to experience and/or training.
COMMENT: The grandparenting period that
allows the applicant to meet alternative requirements for licensure should be
extended beyond one year.
RESPONSE: The duration of the grandparenting
period is established in statute and may not be extended by regulation.
COMMENT: The regulations should allow
individuals who have a credential from a private organization to meet the
requirements for licensure.
RESPONSE: The requirements of Education Law would
not permit licensure through being credentialed by a private organization.
COMMENT: The examination should be waived
only if an applicant's certification by an acceptable national certifying or
registering body for mental health counselors is current.
RESPONSE: Education Law section 8411(2)(b)
permits an applicant who applies by January 1, 2006 to be licensed without
examination if the applicant has meet all other requirements for licensure and
has been certified or registered by a national certifying or registering body
acceptable to the Department. The
statute does not require such certification or registration to be current.
COMMENT: An individual with a master's degree in
counseling of less than 45 semester hours and six years of experience should
qualify for licensure during the grandparenting period.
RESPONSE: In response to public comment, the
Department has proposed revisions in section 79-9.6(a) to permit additional
flexibility in the requirements for licensure for applicants who apply by
January 1, 2006, including a requirement for applicants who have completed a
master's degree in counseling of less than 48 semester hours and 3,000 clock
hours of experience.
COMMENT: Experience in private practice with
appropriate supervision should count toward licensing just as much as supervised
experience in an agency setting.
RESPONSE: The individual may complete the
experience, under supervision, in an agency or private setting. The private
setting, however, may not be owned or operated by the applicant.
COMMENT: Section 79-9.3 should be revised to
require 3,500 hours of supervised experience in all five areas of practice.
