The proposed amendment changes the definition of acceptable settings for the supervised experience for licensure in the psychology, social work and mental health practitioner professions in two areas. First, the proposed amendment defines a program or service that is operated, regulated, funded or approved by the department of mental hygiene, the office of children and family services, the department of corrections and community supervision, the office of temporary and disability assistance, the state office for the aging and the department of health or local governmental unit as that term is defined in section 410.03 of the Mental Hygiene Law or social services district as defined in section 61 of the Social Services Law as an acceptable setting for the supervised experience for licensure in the professions under Articles 153, 154 and 163 of the Education Law. Second, those programs and services do not need a waiver under section 6503-a of the Education Law to employ or contract with individuals licensed or authorized in those professions.

The amendment also defines the education requirements and supervision of an unlicensed individual with a master’s degree in psychology or in a mental health practitioner profession, in certain settings defined in statute.

1. STATUTORY AUTHORITY:

Section 207 of the Education Law grants general rule making authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.

Section 6501 of the Education Law provides that, to qualify for admission to a profession, an applicant must meet requirements prescribed in the article of the Education Law that pertains to the particular profession.

Section 6504 of the Education Law authorizes the Board of Regents to supervise the admission to and regulation of the practice of the professions.

Paragraph (a) of subdivision (2) of section 6507 of the Education Law authorizes the Commissioner of Education to promulgate regulations relating to the professions.

Subdivision (1) of section 6508 of the Education Law authorizes the state boards for the professions to assist the Regents and the Department in matters of professional licensure and practice.

Subdivision (3) of section 7603 of the Education Law authorizes the State Education Department to establish standards for supervised experience that must be successfully completed by an applicant to qualify for licensure as a psychologist in a setting acceptable to the Department.

Paragraph (c) of subdivision (2) of section 7704 of the Education Law authorizes the State Education Department to establish standards for supervised experience that must be successfully completed by an applicant to qualify for a license as a licensed clinical social worker in a setting acceptable to the Department.

Paragraph (c) of subdivision (3) of section 8402 of the Education Law authorizes the State Education Department to establish standards for supervised experience that must be successfully completed by an applicant to qualify for a license as a mental health counselor in a setting acceptable to the Department.

Paragraph (c) of subdivision (3) of section 8403 of the Education Law authorizes the State Education Department to establish standards for supervised experience that must be successfully completed by an applicant to qualify for a license as a marriage and family therapist in a setting acceptable to the Department.

Paragraph (c) of subdivision (3) of section 8404 of the Education Law authorizes the State Education Department to establish standards for supervised experience that must be successfully completed by an applicant to qualify for a license as a creative arts therapist in a setting acceptable to the Department.

Paragraph (c) of subdivision (3) of section 8405 of the Education Law authorizes the State Education Department to establish standards for supervised experience that must be successfully completed by an applicant to qualify for a license as a psychoanalyst in a setting acceptable to the Department.

Insurance Law sections 3221(l)(4)(D) and 4303(n) authorize the Department to issue the psychotherapy privilege to a Licensed Clinical Social Worker who has completed at least 2,400 client contact hours of supervised experience after receipt of the LCSW license, acceptable to the Department.

§ 7 of Part Y of Chapter 57 of the Laws of 2018 defines a program or service that is operated, regulated, funded or approved by certain State or local agencies as approved settings for the receipt of supervised experience for the professions governed by Articles 153,154 and 163 of the Education Law. Furthermore, such programs and services do not require a waiver from the Department pursuant to section 6503-a of the Education Law.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment implements the provisions of Part Y of Chapter 57 of the Laws of 2018, defining acceptable settings for the supervised practice of an applicant for licensure as a psychologist, social worker or mental health practitioner completing the experience for licensure and provides an exemption from licensure for certain individuals employed in certain settings to practice psychology, mental health counseling, marriage and family therapy, creative arts therapy and psychoanalysis, under a qualified supervisor, licensed and registered to practice in New York.

3. NEEDS AND BENEFITS:

Chapters 420 and 676 of the Laws of 2002 established the requirements for licensure, defined the practice and restricted titles for social workers, psychologists and mental health practitioners under Articles 154, 153 and 163 of the Education Law. These chapters included exemptions from licensure for individuals in programs and services operated, regulated, funded or approved by certain State or local government agencies until January 1, 2010. These broad-based exemptions were extended, in the case of psychology, and extended and expanded to include additional programs and services employing social workers and mental health practitioners in subsequent Chapter amendments.

Part Y of Chapter 57 of the Laws of 2018 amended the earlier Chapter amendments and extended the exemption from licensure until one year after the Department adopts regulations to implement the provisions of Chapter 57. The statute requires the proposed regulations be adopted on a non-emergency basis.

The proposed amendment changes the definition of acceptable settings for the supervised experience for licensure in the psychology, social work and mental health practitioner professions in two areas. First, the proposed amendment defines a program or service that is operated, regulated, funded or approved by certain agencies as an acceptable setting for the supervised experience for licensure in the professions under Articles 153, 154 and 163 of the Education Law. Second, those programs and services do not need a waiver under section 6503-a of the Education Law to employ or contract with individuals licensed or authorized in those professions.

The amendment also defines the education requirements and supervision of an unlicensed individual with a master’s degree in psychology or in a mental health practitioner profession, in certain settings defined in statute.

4. COSTS:

(a) Costs to State government: The proposed regulations will not impose any additional cost on State government, including the State Education Department, over and above the costs imposed by Articles 153, 154 and 163 of the Education Law for administering these professions and § 6503-a for administering waivers to qualified not-for-profit and education corporations seeking to offer professional services to the public.

(b) Cost to local government: The proposed amendment clarifies acceptable settings for the completion of supervised experience required for licensure in psychology, social work or mental health practice and allows programs and services operated, regulated, funded or approved by certain State or local government units to employ unlicensed individuals to practice as a psychologist or mental health practitioner under supervision. The regulation will not impose additional costs on local government.

(c) Cost to private regulated parties: The proposed regulation will not impose any other costs on applicants for the licenses over and above those imposed by Article 153, 154 or 163 of the Education Law. The proposed regulation clarifies the acceptable settings for completing supervised experience by certain individuals who are seeking licensure in New York as a psychologist, clinical social worker, mental health counselor, marriage and family therapist, creative arts therapist or psychoanalyst, as defined in the Education Law. It also clarifies the supervision of certain individuals with a master’s degree who may practice the profession under supervision in those defined settings, as allowed under Education Law (§ 7605) and (§ 8410).

(d) Cost to the regulatory agency: As stated above in Costs to State government, the proposed regulation does not impose costs on the State Education Department beyond those imposed by statute.

5. LOCAL GOVERNMENT MANDATES:

The proposed regulation clarifies the acceptable settings for completing supervised experience by certain individuals who are seeking licensure in New York as a psychologist, clinical social worker, mental health counselor, marriage and family therapist, creative arts therapist or psychoanalyst, as defined in the Education Law. It also clarifies the supervision of certain individuals with a master’s degree who may practice the profession under supervision in those defined settings, as allowed under Education Law (§ 7605) and (§ 8410). Therefore, the proposed regulation does not impose any program, service, duty or responsibility upon local governments.

6. PAPERWORK:

The proposed regulation imposes no additional reporting or recordkeeping requirements beyond those imposed by Articles 153, 154 or 163 of the Education Law or Education Law § 6503-a for a waiver from corporate practice restrictions. In accordance with Education Law and Department policy, applicants for licensure will be required to submit to the State Education Department evidence satisfactory to meet the licensure requirements and licensed supervisors will be required to maintain documentation of the applicant’s supervised practice and hours of supervision and for submitting a copy of such documentation to the Department upon its request.

7. DUPLICATION:

The proposed regulation does not duplicate other existing State or Federal requirements.

8. ALTERNATIVES:

There have been extensive discussions concerning the experience requirements for licensure in the professions, including acceptable settings. The proposed amendments will clarify the authorized settings in which an applicant can meet the experience requirements in accordance with applicable laws, rules and regulations.

9. FEDERAL STANDARDS:

There are no Federal standards for the licensure of psychologists, social workers or mental health practitioners, the subject of the proposed regulation.

10. COMPLIANCE SCHEDULE:

Applicants for licensure or certification must comply with the regulation on the stated effective date.

The proposed amendment implements the provisions of Part Y of Chapter 57 of the Laws of 2018, defining acceptable settings for the supervised practice of an applicant for licensure as a psychologist, social worker and mental health practitioner completing the experience for licensure and provides an exemption from licensure for certain individuals employed in certain settings to practice psychology, mental health counseling, marriage and family therapy, creative arts therapy and psychoanalysis, under a qualified supervisor, licensed and registered to practice in New York. The proposed amendment will have no effect on small businesses and does not regulate local governments.

The amendment will not impose any adverse economic impact, recordkeeping, reporting, or other compliance requirements on small businesses or local governments. Because it is evident from the nature of the regulation that it does not affect small businesses or local governments, no further steps were needed to ascertain that fact and none were taken.

1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:

The proposed amendment implements the provisions of Part Y of Chapter 57 of the Laws of 2018, defining acceptable settings for the supervised practice of an applicant for licensure as a psychologist, social worker and mental health practitioner completing the experience for licensure and provides an exemption from licensure for certain individuals employed in certain settings to practice psychology, mental health counseling, marriage and family therapy, creative arts therapy and psychoanalysis, under a qualified supervisor, licensed and registered to practice in New York.

Applicants for licensure in these fields include individuals located in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less. There were 73,958 licensed social workers, psychologists and mental health practitioners registered to practice New York, as of July 1, 2019; 8,322 of these were in rural counties, accounting for 11.3% of all registrants in New York.

2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:

Chapters 420 and 676 of the Laws of 2002 established the requirements for licensure, defined the practice and restricted titles for social workers, psychologists and mental health practitioners under Articles 154, 153 and 163 of the Education Law. These chapters included exemptions from licensure for individuals in programs and services operated, regulated, funded or approved by certain State or local government agencies until January 1, 2010. These broad-based exemptions where extended, in the case of psychology, and extended and expanded to include additional programs and services employing social workers and mental health practitioners in subsequent Chapter amendments.

Part Y of Chapter 57 of the Laws of 2018 amended the earlier amendments and extended the exemption from licensure until one year after the Department adopts regulations to implement the provisions of Chapter 57. The statute requires the proposed regulations be adopted on a non-emergency basis.

The proposed amendment changes the definition of acceptable settings for the supervised experience for licensure in the psychology, social work and mental health practitioner professions in two areas. First, the proposed amendment defines a program or service that is operated, regulated, funded or approved by certain agencies as an acceptable setting for the supervised experience for licensure in the professions under Articles 153, 154 and 163 of the Education Law. Second, those programs and services do not need a waiver under section 6503-a of the Education Law to employ or contract with individuals licensed or authorized in those professions. The amendment also defines the education requirements and supervision of an unlicensed individual with a master’s degree in psychology or in a mental health practitioner profession, in certain settings defined in statute.

The changes do not impose any additional reporting or recordkeeping requirements on licensees, including those located in rural areas, beyond those currently imposed by regulation. In addition, the amendment does not require regulated parties to hire professional services in order to comply.

3. COSTS:

The proposed amendment will not impose costs beyond those currently required to comply with statutory and regulatory requirements for licensure as a psychologist, clinical social worker, mental health counselor, marriage and family therapist, creative arts therapist or psychoanalyst.

4. MINIMIZING ADVERSE IMPACT:

The proposed amendment clarifies acceptable settings in which an applicant may complete the supervised experience for licensure in psychology, social work or mental health practitioner. The amendment also clarifies the education requirements for certain unlicensed individuals who are authorized by statute to practice psychology (Education Law § 7605) or mental health practice (Education Law § 8410) in certain programs and services under qualified supervisors, licensed and registered under the Education Law, in accordance with supervision standards in the proposed regulation. These requirements are in place to ensure competency of licensed professionals and thereby safeguard the public.

Due to the nature of the proposed amendment, the State Education Department does not believe it to be warranted to establish different requirements for institutions located in rural areas.

5. RURAL AREA PARTICIPATION:

Comments on the proposed amendment were solicited from the State Board for Social Work and State Board for Mental Health Practitioners, as well as from statewide professional associations and provider groups whose memberships include individuals who live or work in rural areas.

Education Law § 6503-a requires a not-for-profit or education corporation to receive a waiver (authorization) from the Education Department, to employ or contract with individuals licensed in certain professions, including psychology, social work and as a mental health practitioner. Article 153 of the Education Law defines and restricts the practice of psychology to individuals licensed and registered, or otherwise authorized, under New York law to practice the profession and use the restricted title. Article 154 of the Education Law defines and restricts the practice of licensed master social work and licensed clinical social work to individuals licensed and registered, or otherwise authorized, under New York law to practice the profession and use the restricted title. Article 163 of the Education Law defines and restricts the practice of mental health counseling, marriage and family therapy, creative arts therapy and psychoanalysis to individuals licensed and registered, or otherwise authorized, under New York law to practice the profession and use the restricted title.

The proposed amendment implements the provisions of Part Y of Chapter 57 of the Laws of 2018, defining acceptable settings for the supervised practice of an applicant for licensure as a psychologist, social worker and mental health practitioner completing the experience for licensure and provides an exemption from licensure for certain individuals employed in certain settings to practice psychology, mental health counseling, marriage and family therapy, creative arts therapy and psychoanalysis, under a qualified supervisor, licensed and registered to practice in New York.

Because it is evident from the nature of the proposed regulation that it will have no impact on jobs or employment opportunities, no further steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.