Current through Register Vol. 46, No. 39, September 25, 2024
(a) An applicant for licensure as a
psychoanalyst shall meet the experience requirement for licensure as a
psychoanalyst by submitting sufficient documentation of having completed a
supervised experience of at least 1,500 clock hours providing psychoanalysis in a
setting acceptable to the department, all in accordance with the requirements of
this section. Not less than 750 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, supervision, personal analysis and professional
development.
(b) All or part of the
supervised experience may be obtained within the education program required for
licensure as a psychoanalyst, as prescribed in section
79-12.1 of this Subpart. Any
experience not obtained within such education program must comply 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 psychoanalysis 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 the degree
of supervision appropriate to the circumstances. The supervisor shall provide an
average of one hour per week or two hours every other week 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 psychoanalyst.
(2) Qualifications for supervisors
of the required experience. The supervisor of the experience shall be licensed
and registered in New York State to practice psychoanalysis, 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 psychoanalysis on or before December 31,
2007, be an individual with certification or registration by an acceptable
national certifying or registering body for psychoanalysts. To be acceptable to
the department, the national certifying or registering body must be recognized
nationwide as an organization that certifies or registers psychoanalysts
throughout the United States based upon a review of their qualifications to
practice psychoanalysis and must have adequate standards for the review of the
applicant's qualifications for practicing psychoanalysis, as determined by the
department. Such standards must include standards for the review of the
applicant's education and experience for practicing psychoanalysis 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 psychoanalysis, as defined in section
8405
(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 psychoanalysis;
(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 psychoanalysis;
(iii) a professional partnership owned by
licensees who provide services that are within the scope of practice of
psychoanalysis;
(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
psychoanalysis;
(vi) a program or
facility authorized under Federal law to provide services that are within the
scope of practice of psychoanalysis; 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 psychoanalysis;
(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.
