Requires mandatory continuing education for mental health practioners

Summary of provisions

The education law is amended from section 8402 to section 8405 to include and define diagnosis within the practices of mental health counseling, marriage and family therapy, psychoanalysis and creative arts therapy.

Additionally, the education law is amended by adding a new section, 8412.

§ 8412-1:

(a): Requires that each licensed mental health counselor, marriage and family therapist, psychoanalyst, and creative arts therapist in New York complete continuing education during each triennial registration. These professionals must be issued a registration certificate to continue practicing, unless a conditional registration certificate is issued to them.

(b): Exempts continuing education requirements for the initial triennial registration period and allows for adjustments for reasons of health, extended active duty with the U.S. armed forces, or for other good cause.

(c): Those not engaged in practice, as determined by the department, shall be exempt from the continuing education requirement upon the filing of a statement with the department. Licensees who return to prac- tice shall notify the department prior to reentering and shall meet all education requirements.

§8412-2: -Requires that thirty-six hours of acceptable formal continu- ing education, as specified in §8412-4, be completed each triennial registration period, with a maximum of twelve hours being self-instruc- tional course work. -Continuing education hours taken during one trien- nium are non-transferable.

§ 8412-3: -Authorizes the department to issue conditional registra- tions, for up to one year, to licensees failing to meet the continuing education requirements. Licensees who are denied registration and who continue to practice may be subject to disciplinary proceedings.

§ 8412-4: -Defines "acceptable formal continuing education" as used in § 8412-2.

§ 8412-5: -Requires counselors, psychoanalysts and therapists to main- tain documentation of completion of "acceptable formal continuing educa- tion". Failure to provide documentation to the department upon request shall constitute misconduct subject to discipline.

§ 8412-6:

-Sets forth the mandatory continuing education fee of forty-five dollars, to be payable on or before the first day of each triennial registration period.

Justification

In February 2012, The State Education Department's Mental Health practitioner Board released a report noting the need to amend the scopes of the Education Law Article 163 professions to clarify that these individuals are qualified to "diagnose" within the practice of each profession. These professions include mental health counselors, marriage and family therapists, creative arts therapists and psychoana- lysts. The lack of the specific term "diagnosis" in the scope of prac- tices for each of these professions has led some to conclude that these professions may not diagnose in New York. This conclusion does not conform with evidence in both the statute and the implementing regu- lations that support the professions authority to diagnose.

This bill remedies this problem by adding and defining the authorization to diagnosis within the scope of each of the Article 163 professions.

In addition, as the professions grow, it becomes increasingly important for licensees to maintain connected to best practices. Requiring continuing education for practitioners in these professions ensures that New York residents receive care from licensed professionals who are well informed about current and relevant practices in their fields.

Legislative history

2012 Referred to Higher Education

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately; provided, however, section one of this act shall take effect June 30, 2014. Effec- tive immediately upon the passage of this bill, the state education department is authorized to complete the addition, amendment and/or repeal of any rule of regulation necessary for the implementation of this act on its effective date.