1205heppd1

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

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:	December 7, 2005
STRATEGIC GOAL:	Goal 3
AUTHORIZATION(S):

Summary

Issue for Decision

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

The proposed amendment is submitted for adoption as an emergency measure at the December 2005 Regents meeting. Confirmation of the proposed amendment as a permanent rule is scheduled for the March 2006 Regents meeting.

Procedural History

A Notice of Emergency Adoption and Proposed Rule Making will be 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 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 will be 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 current regulation requires 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 recommended action is proposed as an emergency measure because such action is necessary to preserve the general welfare to ensure that there are adequate numbers of individuals licensed in the mental health practitioner professions to meet the mental health care needs of residents of New York State. A statement of the facts and circumstances which necessitate emergency action is attached.

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 December 27, 2005, 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 there are adequate numbers of individuals licensed in the mental health practitioner professions to meet the mental health care needs of residents of New York State.

Timetable for Implementation

The emergency adoption will take effect on December 27, 2005.

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 December 27, 2005, 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 December 27, 2005, 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 December 27, 2005, 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 December 27, 2005, 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 ALTERNATIVES REQUIREMENTS FOR LICENSURE IN THE MENTAL HEALTH PRACTIONER PROFESSIONS

STATEMENT OF FACTS AND CIRCUMSTANCES

WHICH NECESSITATE EMERGENCY ACTION

Currently, there are about 4,400 pending applications for licensure in these professions. The State Education Department expects that an equal number of additional applications will be submitted between now and the end of the grandparenting application period (January 1, 2006). Based upon our experience to date, it is estimated that approximately one-half of the applications received by the Department will require further actions by the applicants to cure deficiencies in meeting the alternative requirements. Thus, an estimated 4,400 practitioners will need additional time to cure deficiencies. 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.

The recommended action is proposed as an emergency measure because such action is necessary for the preservation of the general welfare to 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 New York State. This emergency action is necessary in order to prevent delays in the licensing of thousands of mental health practitioners.

It is anticipated that the proposed amendment will be presented to the Board of Regents for adoption as a permanent rule at its March 2006 meeting.

Higher Education and Professional Practice Committee

Background Information