Update on mental health counseling license & practice

1. Update on mental health counseling license & practice David Hamilton, Ph.D., LMSWState Board for Mental Health Practitioners

2. Learning objectives • Update on LMHC licensure requirements • New online application for licensure! • NYS Registered Programs • Out-of-state CACREP-accredited programs • NBCC examinations (licensure vs certification) • CACREP accreditation • Continuing education requirements • Acceptable subjects and education activities • Continuing education providers NYMHCA April 8, 2017

3. Licensure requirements • Complete license-qualifying or equivalent education acceptable to the Department • Submit application (Form 1) and $371 fee • Online application allows credit card payment • At least 21 years of age and good moral character, as determined by Department • Complete supervised post-degree experience under limited permit (Form 5 and $70) • Pass NCMHCE for licensure • Complete child abuse course or exemption NYMHCA April 8, 2017

4. Growth of mental health professions NYMHCA April 8, 2017

5. Acceptable LMHC education • Registered program of 60 or more hours with content specified in law & regulation • Outside NY program must be CACREP clinical mental health program (2009 standards) • Other counseling degrees individually evaluated on coursework & internship • Remedy deficiency in Advanced Certificate program, including internship (15 to 21 hours) NYMHCA April 8, 2017

6. Clinical Mental Health Internship • Minimum duration in law and regulation • Setting authorized to provide MHC services • Supervisor qualified by NY regulations (79-9) including New York license & registration • Supervisor employed by setting & responsible for patient assessment, evaluation & treatment • Education program responsible for internship • Out-of-state degree program must be CACREP clinical MHC accredited as of 9/1/2018 NYMHCA April 8, 2017

7. Acceptable settings in NYS • Acceptable settings defined in 79-9.3: • Proprietorship or professional corporation owned by licensees who provide services within the scope of mental health counseling • Facility or program authorized by DOH, OMH, OPWDD, OASAS, etc. to provide services • Authorized federal program or facility • Entity defined as exempt or otherwise authorized under NY or other state’s laws • Includes entity with waiver of corporate practice NYMHCA April 8, 2017

8. NBCC Examinations • Only National Clinical Mental Health Counseling Examination (NCMHCE) is acceptable for licensure in New York • Authorization based on application & fee for licensure & education acceptable to NYSED • Regulation prohibits examination before completion of education requirement • Examination normed on degree & post-master’s supervised experience in mental health counseling • National Counselor Examination (NCE) is not accepted in New York. NYMHCA April 8, 2017

9. Non-NYS degree programs • Education Law & Commissioner’s Regulations allow SED to accept degree from accredited program, acceptable to the Department. • 2009 CACREP mental health program is acceptable • Other applicants are individually evaluated for content & supervised internship; if approved by SED, eligible to take the NCMHCE for licensure • NYSED does not require accreditation of NYS programs to offer degree leading to license NYMHCA April 8, 2017

10. Continuing Education • Licensee must complete 36 hours of SED approved CE to register after January 1, 2017 • Pro-rated implementation • Not required for initial registration period • Providers approved by SED based on application & $900 fee for 3-year period • Providers for other professions must apply and meet requirement for each profession NYMHCA April 8, 2017

11. Pro-rated CE hours NYMHCA April 8, 2017

12. Acceptable subjects • The formal continuing education shall be in professional and clinical skills in accordance with the practice of mental health counseling as defined in section 8402 of the Education Law. Such subjects may include but shall not be limited to: clinical interventions and evidence-based practice; cross-disciplinary offerings from medicine, law, administration, education, behavioral and social sciences related to mental health counseling practice, patient communications, recordkeeping, and matters relating to law and/or ethics which contribute to professional practice in mental health counseling and the health, safety, and/or welfare of the public. NYMHCA April 8, 2017

13. Law & regulations offer various ways to complete required CE hours • Formal courses of learning, including college courses, offered by NYSED-approved MHC provider • Professional development sessions from NYSED-approved MHC organizations • Other technical programs offered by MHC providers approved by NYSED • Preparing & teaching a course or session for 1st time for NYSED-approved MHC provider (1+2) • Writing a first-time article, book chapter or book in MHC or related field, acceptable to SED • Self-study activities offered by an SED-approved provider (limited to one-third of total CE hours) NYMHCA April 8, 2017

14. Compliance with continuing education law • Must complete acceptable CE starting 1/1/17 to register for practice as a LMHC • Not required in first three-year registration period • Not required if licensee is “inactive” and not practicing as a LCAT in New York • Complete CE when returning from inactive status • Requirement may be adjusted for good cause (illness, active military duty), acceptable to SED • One-year conditional registration allows licensee to make up the deficiency from prior period PLUS the hours required during the conditional registration NYMHCA April 8, 2017

15. Only courses taken from NYS-approved providers are acceptable • Entity must apply to SED, pay $900 fee and meet the requirements in law and regulation • Providers must be approved every 3 years • Only courses or education activities taken after January 1, 2017 from a NYS-approved provider are acceptable. • List of providers is online at www.op.nysed.gov/prof/mhp/mhcceproviderlisting.htm NYMHCA April 8, 2017

16. Provider review & approval (3/7/17) • State or national association of licensed professionals • National organization of jurisdictional boards • Higher education institution offering license qualifying degree or accredited program • Authorized health or behavioral health facility • Individual or organization with expertise to provide CE NYMHCA April 8, 2017

17. Recordkeeping & reporting • SED-approved providers must issue a Certificate of Completion to licensees who complete continuing education activities • Licensee must keep a record of completed, acceptable continuing education for six years from the date of the coursework/educational activity, including copies of professional articles, chapters and presentations. • Attest to compliance when registering • Do not send copies unless requested for audit. NYMHCA April 8, 2017

18. Questions and Answers Law & Regulations: www.op.nysed.gov/prof/mhp/mhplaw.htm LMHC CE FAQs: www.op.nysed.gov/prof/mhp/mhccefaq.htm Provider requirements: www.op.nysed.gov/prof/mhp/mhcceproviderinfo.htm Approved providers: www.op.nysed.gov/prof/mhp/mhcceproviderlisting.htm NYMHCA April 8, 2017