Mental Health Practitioners

Licensure and Practice of the Mental Health Professions in New York State

Below, please find information on Chapter 676 of the Laws of 2002 that was signed into law on December 9, 2002 regarding licensure and practice of the mental health professions in New York State. Specifically, the law:

• Established four mental health professions: Mental Health Counseling, Marriage and Family Therapy, Creative Arts Therapy, and Psychoanalysis by adding Article 163 to Education Law.
• Established a scope of practice for the profession of psychology in New York State and requires a limited permit for individuals gaining supervised experience to meet the requirements for licensure, by amending Article 153 of Education Law.

Information about this law in the form of a series of questions and answers is provided below based upon questions received by the State Education Department.

Psychotherapy

1. Is a license currently required to practice counseling and psychotherapy in New York State?
   
   The practice of psychotherapy is restricted to individuals licensed in the professions of psychology, social work, medicine and as a registered professional nurse or a nurse practitioner or individuals in exempt settings. Effective January 1, 2005, an individual licensed as a mental health counselor, marriage and family therapist, creative arts therapist, or psychoanalyst may also provide psychotherapy. However, beginning on January 1, 2006, most people who practice psychotherapy will be required to be licensed in one of the professions named above, unless exempt under law.
   
   
2. What are the benefits of requiring licensure for individuals practicing psychotherapy?
   
   This law will protect members of the public who seek mental health services by ensuring that mental health practitioners have met entry level standards of education, experience, examination, and good moral character before becoming licensed in a mental health profession. Additionally, professionals whose licenses in another profession have been revoked or surrendered will no longer be able to continue to practice psychotherapy as unlicensed practitioners.

Mental Health Professions

1. What professions have been established?
   
   Four licensed professions have been established: Mental Health Counseling; Marriage and Family Therapy; Creative Arts Therapy; and Psychoanalysis. Regulations have been adopted that will allow individuals to apply for licensure in these professions. The applications are posted on this web site.
   
   
2. Who may practice Mental Health Counseling, Marriage and Family Therapy, Creative Arts Therapy and Psychoanalysis or represent themselves as such?
   
   After January 1, 2006 only New York State licensed psychologists, physicians, physician assistants, social workers, nurses, mental health counselors, marriage and family therapists, creative arts therapists, and psychoanalysts can engage or claim to engage in these practices. None of these professionals, however, may use the protected title of another profession unless they are also licensed in that profession. For example, a physician may practice psychoanalysis, but may only claim to be a "licensed psychoanalyst" if the physician also is licensed as a psychoanalyst.
   
   
3. Who is exempt from becoming licensed in one of the four mental health professions?
   
   Professionals, including psychologists, nurses, social workers, physicians and physician assistants, whose license, certification, or other authorization enables them to engage in the practice of psychotherapy and counseling are exempt under Chapter 676.
   
   Additionally, the law does not prohibit or limit individuals, churches, schools, teachers, organizations or not-for-profit businesses from providing instruction, advice, support, encouragement, or information to individuals, families or relational groups.
   
   Until June 1, 2010, the law exempts any individual in a program that is operated, funded, or regulated by the Office of Mental Health, Office of Mental Retardation and Developmental Disabilities, Office of Alcoholism and Substance Abuse Services, Office of Children and Family Services or local social service district from being licensed.
   
   
4. Who licenses and regulates these professions?
   
   The Board of Regents and the New York State Education Department oversee the preparation, licensure, and practice of the professions. The State Education Department's Office of the Professions regulates the four mental health therapy professions, along with forty-three other professions defined in Title VIII of the Education Law.
   
   
5. When will a license be required to practice the four established mental health professions?
   
   The requirement to hold a valid license or limited permit to practice the profession will not be enforced until January 1, 2006.
   
   
6. Will colleges, universities and psychotherapy institutes that prepare individuals for these professions be required to register their professional education programs with the State Education Department?
   
   Yes. Colleges, universities, and psychoanalytic institutes that wish to offer programs leading to licensure in the four professions will have to register their programs as licensure-qualifying with the Department. The regulations clarify the education and experience requirements for licensure and limited permits in the professions and provide specific information for the colleges, universities and psychoanalytic institutes that prepare individuals for these professions as well as for applicants themselves.
   
   

Additional Requirements

1. What other provisions apply to individuals licensed under Article 163?
   
   
   • Professionals licensed in the four new mental health professions cannot prescribe or administer drugs or use specific and defined invasive procedures as treatments, therapies or professional services under any circumstances. Examples of invasive procedures are surgery and electroconvulsive therapy.
   • The Social Services Law was amended to add licensed creative arts therapist, licensed marriage and family therapist, licensed mental health counselor, and licensed psychoanalyst to the list of professionals and occupations required to report suspected cases of child abuse or neglect. In addition, Education Law was amended to require that professionals seeking licensure or a limited permit in one of these professions must complete a two-hour course in the Identification and Reporting of Child Abuse and Maltreatment as a condition of licensure or receipt of a limited permit.
   • Amendments were made to the Business Corporation Law regarding the establishment of professional service limited liability partnerships or companies by professionals in the four new mental health professions. Effective January 1, 2005, a licensee may only form corporate entities with other licensees in the same profession (e.g., marriage and family therapists).
   • Individuals licensed in one of the four new mental health professions, cannot provide continuous and sustained mental health services to individuals with serious mental illnesses (as defined in Section 8407(1)) without a medical evaluation of the patient by a physician and a consultation with the physician regarding the illness.
   • An individual may be licensed in more than one profession, but must clearly communicate which profession is being practiced at any time and is responsible for practicing in conformity with the laws and regulations that define the practice of that profession.

For more information

If you have additional questions or need more information related to the professions of mental health counseling, marriage and family therapy, creative arts therapy or psychoanalysis, please contact the State Board for Mental Health Practitioners. The State Board Office is 89 Washington Avenue, 2nd Floor, Albany, NY 12234-1000, Phone: 518-474-3817, ext. 450; fax: 518-486-2981 or by e-mail at mhpbd@mail.nysed.gov