Mental Health Practitioners

Regulations of the Commissioner

Subpart 79-9, Mental Health Counseling

79-9.1 Professional study.

1. 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.
   
   
2. 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.

1. 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.
      
      
2. 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.
      
      
3. 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.

1. 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.
   
   
2. 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.
   
   
3. 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:
      
      
      1. the applicant apprises the supervisor of the assessment and treatment of each client;
         
         
      2. the applicant's cases are discussed with the supervisor;
         
         
      3. 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
         
         
      4. 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:
      
      
      1. 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;
         
         
      2. 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
         
         
      3. 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.
         
         
4. 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.

1. 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.
      
      
2. 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.
   
   
3. 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.

1. 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:
      
      
      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. be of good moral character as determined by the department;
         
         
      3. be at least 21 years of age;
         
         
      4. 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:
         
         
         1. 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
               
               
         2. a supervised internship in counseling; and
            
            
      5. 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:
      
      
      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. be of good moral character as determined by the department;
         
         
      3. be at least 21 years of age;
         
         
      4. 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;
         
         
      5. 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;
         
         
      6. 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
         
         
      7. have met one of the following three requirements:
         
         
         1. 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
            
            
         2. 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
            
            
         3. 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:
      
      
      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. be of good moral character as determined by the department;
         
         
      3. be at least 21 years of age;
         
         
      4. 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;
         
         
      5. 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
         
         
      6. 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.
         
         
2. 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:
      
      
      1. 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
         
         
      2. 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.