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

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 Just review the topics for the outline; there is plenty detail to follow on each chart. NYMHCA April 8, 2017

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

Growth of mental health professions New 2012 New 2013 New 2014 New 2015 New 2016 Total New 12-16 Registered 1/1/17 Creative Arts Therapist 93 128 100 112 101 534 1,745 Marriage & Family Therapist 54 92 87 116 436 1,186 Mental Health Counselor 364 501 538 567 668 2,638 6,778 Psychoanalyst 18 19 17 27 28 109 826 LMSW/LCSW 3,884 3,898 4,245 3,965 3,959 19,951 56,954 New MHP (3717)/New SW (19,951) = 5.3 times Total MHP (10,535)/Total SW (56,954) = 5.4 times NYMHCA April 8, 2017

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

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

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

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

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

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

Pro-rated CE hours Starting Date Hours 1/1/17 1/1/18 12 1/1/19 24 1/1/18 12 1/1/19 24 2/1/17 1 2/1/18 13 2/1/19 25 3/1/17 2 3/1/18 14 3/1/19 26 4/1/17 3 4/1/18 15 4/1/19 27 5/1/17 4 5/1/18 16 5/1/19 28 6/1/17 5 6/1/18 17 6/1/19 29 7/1/17 6 7/1/18 18 7/1/19 30 8/1/17 7 8/1/18 19 8/1/19 31 9/1/17 8 9/1/18 20 9/1/19 32 10/1/17 9 10/1/18 21 10/1/19 33 11/1/17 10 11/1/18 22 11/1/19 34 12/1/17 11 12/1/18 23 12/1/19 35 Every licensed professional who wishes to register as a LMSW or LCSW after January 1, 2015, must complete 36 hours of acceptable continuing education from a provider approved by the Education Department (State Board for Social Work). This requirement is phased in, so that a licensee needs to complete 1 hour of acceptable CE for each month in his/her registration period, after January 1, 2015. I should note that a LMSW or LCSW in his or her first registration period after licensure does not have to meet the continuing education requirement. If you are currently licensed as an LMSW or LCSW, look at your registration certificate (or verify it online at www.op.nysed.gov/opsearches.htm) to find the ending date of your current registration. For instance, my registration is valid through 2/28/17; therefore, my next registration period will START ON 3/1/2017. In order to register for that 36-month period, which is my first registration after the effective date of the law, January 1, 2015, I must complete the number of hours shown in the table– 26 hours. When I submit my registration application and fee (75% of LMSWs and LCSWs are registering online), I will have to attest whether or not I have completed the required hours of CE. I do not have to submit certificates, just attest whether I have met the requirement. (In a few minutes, I’ll talk about what happens if I HAVE NOT met the requirement.) NYMHCA April 8, 2017

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. The law and regulations require a LMSW or LCSW to complete continuing education in the practice of social work, as defined in New York law. This slide is an abbreviated version of the language in section 77.10 of the Commissioner’s Regulations. As you can see, the subjects include areas that would be covered in a MSW program, as well as post-graduate programs that provide the LMSW or LCSW with additional knowledge, skills and abilities to practice the profession. Subjects that are not acceptable would be those outside the scope of practice, such as: Reiki massage (outside the scope of practice); or Prescribing anti-depressants and other medications (beyond the boundary of practice); Diet and nutritious eating (outside the scope). While social worker may have clients who benefit from massage therapy or use prescription medications under the direction of a physician or nurse practitioner, or have body image and eating disorders. However, the topics I have named would not be part of social work practice, but the practice of other professions. Therefore, those would not be acceptable subjects for social work continuing education. NYMHCA April 8, 2017

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) When many of us think of “continuing education” we visualize a setting like this, with a presenter and an audience---who may or may not be awake and alert (in other settings!). The law and regulations allow a licensee to complete: graduate course work from a college or university or a psychotherapy institute; Traditional sessions offered by an acceptable social work organization; Other technical programs, acceptable to the Department. The regulations also define other educational activities that a licensee may complete to meet the requirement. These include: Preparing and presenting for the first-time a class in a college or university or a presentation at a conference or meeting. The licensee would get credit for the number of hours of the presentation, and up to 2 hours of preparation time for each hour of presentation. Publishing a first-time article in a peer-reviewed journal, chapter, or a book on social work practice; and, Completing self-study activities from a provider approved by the Department. Self-study activities are limited to no more than 12 hours in a 36-month registration, or one-third of the total hours for a period other than 36 months. Any course for personal development, marking, business practices and maximizing profits shall not be considered as acceptable continuing education by NYSED. NYMHCA April 8, 2017

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 The law and regulations provide from exceptions from the continuing education requirement. You do not need to complete CE In the first registration period after you are licensed; If you are inactive, not practicing the profession or using the restricted title. When a licensee returns from inactive status, or from practice in another state, he or she must complete continuing education that would have been required. The Department may adjust the requirement for a licensee who: has a health condition that prevents him/her from completing CE; Is on active duty with the U.S. military; or Any other condition that, in the determination of the Department, justifies an adjustment. A licensee who has not completed the CE requirement by the deadline, may apply for a conditional registration. This provides up to one year, during which the licensee has to complete the deficiency, as well as any CE that is required during that conditional period. The licensee will have to submit certificates of completion for review by the Board, before he/she can apply to register for the remainder of the 3-year period. The addendum form is available on our website and must be submitted with the $224 registration fee. If the licensee completes the deficiency and applies for the two-year registration, that also requires a $224 fee. NYMHCA April 8, 2017

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 The law requires a licensee to complete continuing education activities from a provider approved by the Department. We will not accept CE that is approved by any organization other than NYSED. In order to become an approved provider, the entity must submit an application and $900 fee to the State Board for Social Work. The application materials must demonstrate that the entity has the ability to offer continuing education, in acceptable subjects as defined in regulation and by instructors who are licensed and/or qualified to provide such continuing education. Approved providers will indicate on the training materials that they are approved by the NYSED. Please note that approval by NASW, ASWB, or any other organization, does not substitute for NYSED-approval. Education activities may only be completed after January 1, 2015, under the law. So you cannot complete CE now and count it forward. The Board office is reviewing applications from entities that seek to provide continuing education. As we approve entities, we will list them on our website on a regular basis. Entities will have to re-apply every three years and pay the $900 fee to continue providing continuing education to LMSWs and LCSWs in New York. NYMHCA April 8, 2017

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 Approve Review Pending MHC 50 24 10 CAT 23 5 4 MFT 27 13 6 PSY 22 2 7 Total 122 44 NYMHCA April 8, 2017

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. When you complete a continuing education course, in-person or online, from a NYSED- approved provider, the provider must give you a certificate of completion. The certificate must include your name and license number, as well as the title of the course or educational activity; the subject of the continuing education, the number of hours of continuing education completed, the provider’s name and any identifying number (if applicable). Verification of other activities, such as first-time articles, chapters and books, will consist of a copy of the publication. The licensee must keep copies of first-time presentations, courses, and technical programs, along with the date the presentation was first made and the hours of presentation time, as well as preparation time. The licensee attests to having met or not having met, the continuing education requirement when applying to register his or her license. It is not necessary to submit copies of the certificates and other verification with the registration application. Copies of completion certificates only need to be submitted when a licensee receives a conditional registration, to verify the hours completed during such registration, or when a licensee is chosen by random audit to submit verification of hours to which he/she attested on a registration application. You must save records for 6 years! NYMHCA April 8, 2017

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 This has been a very quick overview of the continuing education requirement for the LMSW and the LCSW. You can access more detailed information on the Office of the Professions website. The sites listed here will provide information about The CE requirement for each LMSW and LCSW, including acceptable subjects; Applications and instructions for entities seeking to become an approved provider; and A listing of NYSED-approved providers as we approve them. If you have any other questions, I would be happy to answer them at this time. NYMHCA April 8, 2017