Current through Register Vol. 46, No. 39, September 25, 2024
(a) An applicant for licensure as a creative
arts therapist shall meet the experience requirement for licensure as a creative
arts therapist by submitting sufficient documentation of having completed a
supervised experience of at least 1,500 clock hours providing creative arts
therapy in a setting acceptable to the department, all in accordance with the
requirements of this section. Not less than 1,000 clock hours of such required
experience shall consist of direct contact with clients. The remaining experience
may consist of other activities that do not involve direct client contact,
including but not limited to, recordkeeping, case management, supervision, and
professional development.
(b) The
supervised experience must be obtained after the applicant completes the program
required for licensure as a creative arts therapist, as prescribed in section
79-11.1 of this Subpart and such
experience must be obtained in accordance with the following paragraphs:
(1) any experience obtained in New York must be
performed by an applicant under a limited permit issued by the department, except
the department may, in limited circumstances, accept experience that was not
obtained under a limited permit where an applicant demonstrates that such
experience was obtained in an authorized setting under a qualified supervisor;
and
(2) any experience completed in
another jurisdiction may be accepted by the department if it was completed in a
setting authorized to provide creative arts therapy in that jurisdiction and the
experience was provided under a qualified supervisor, as determined by the
department.
(c)
Supervision of the experience. The experience shall be supervised in accordance
with the requirements of this subdivision.
(1)
An applicant shall obtain experience under this section while under the general
supervision of a qualified supervisor. General supervision shall mean that a
qualified supervisor shall be available for consultation, assessment and
evaluation when professional services are being rendered by an applicant and the
supervisor shall exercise that degree of supervision appropriate to the
circumstances. The supervisor shall provide at least one hour per week or four
hours per month of face-to-face individual or group supervision wherein the
supervisor shall:
(i) review the applicant's
assessment, evaluation and treatment of each client under his or her general
supervision; and
(ii) provide
oversight, guidance, and direction to the applicant in developing skills as a
creative arts therapist.
(2) Qualifications for supervisors of the
required experience. The supervisor of the experience shall be licensed and
registered in New York State to practice creative arts therapy, medicine, as a
physician assistant, psychology, licensed clinical social work, or as a
registered professional nurse or nurse practitioner, pursuant to article 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 creative arts therapy on or before December
31, 2007, be an individual with certification or registration by an acceptable
national certifying or registering body for creative arts therapists. To be
acceptable to the department, the national certifying or registering body must be
recognized nationwide as an organization that certifies or registers creative
arts therapists throughout the United States based upon a review of their
qualifications to practice creative arts therapy and must have adequate standards
for the review of the applicant's qualifications for practicing creative arts
therapy, as determined by the department. Such standards must include standards
for the review of the applicant's education and experience for practicing
creative arts therapy and may include an examination requirement.
(3) Face-to-face supervision may utilize
technology acceptable to the Department, including secure video conferencing to
protect confidentiality.
(d) 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 creative arts therapy, as defined in section
8404
(1) of the Education Law. For purposes of this
section, an acceptable setting shall be:
(i) a
professional corporation, registered limited liability partnership, or
professional service limited liability company authorized to provide services
that are within the scope of practice of creative arts therapy;
(ii) a sole proprietorship owned by a licensee
who provides services that are within the scope of his or her profession and
services that are within the scope of practice of creative arts
therapy;
(iii) a professional
partnership owned by licensees who provide services that are within the scope of
practice of creative arts therapy;
(iv) a program or service operated, regulated,
funded, or approved by the department of mental hygiene, the office of children
and family services, the department of corrections and community supervision, the
office of temporary and disability assistance, the state office for the aging and
the department of health or a local governmental unit as that term is defined in
section
41.03 of the
Mental Hygiene Law or a social services district as defined in section
61 of the
Social Services Law;
(v) an entity
holding a waiver issued by the Department pursuant to section
6503-a or
6503-b of the
Education Law to provide services that are within the scope of practice of
creative arts therapy;
(vi) a program
or facility authorized under Federal law to provide services that are within the
scope of practice of creative arts therapy; or
(vii) an entity authorized under New York law
or the laws of the jurisdiction in which the entity is located to provide
services that are within the scope of practice of creative arts
therapy;
(2) the setting
in which the experience is gained shall be responsible for the services provided
by individuals gaining experience for licensure. The setting shall also be
responsible for providing adequate supervision to such individuals and for
assigning a qualified supervisor, as defined in this section, to individuals
gaining experience for licensure; and
(3) the setting shall not be a private practice
owned or operated by the applicant.
(e) Verification of the experience. The
licensed supervisor shall submit verification of the supervised experience on
forms acceptable to the department. The supervisor is responsible for maintaining
documentation of the applicant's supervised practice and hours of supervision,
and, upon request of the department, for submitting a copy of such
documentation.
