New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter B - Regulation of Professions
Part 79 - Regulation of Individual Professions
Subpart 79-9 - Mental Health Counseling
Section 79-9.8 - Continuing education for licensed mental health counselors
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 79-9.8
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Definitions.
As used in this section:
(1)
Acceptable accrediting
agency means an organization accepted by the department as a reliable
authority for the purpose of accreditation at the postsecondary level, applying
its criteria for granting accreditation in a fair, consistent and
nondiscriminatory manner, such as an agency recognized for this purpose by the
Council for Higher Education Accreditation.
(2)
Higher education
institution means a degree-granting postsecondary institution
accredited by an acceptable accrediting agency.
(3)
Psychotherapy institute
means a psychotherapy institute chartered by the Board of Regents, or an
institution offering a program which meets the requirements of section
52.35 of this
Title.
(b) Applicability of requirements.
(1) Each licensed mental health counselor,
required under article 163 of the Education Law to register with the department
to practice in New York State, shall comply with the mandatory continuing
education requirements as prescribed in subdivision (c) of this section, except
those licensees exempt from the requirement or who obtain an adjustment to the
requirement pursuant to paragraph (2) of this subdivision or who are subject to
a different requirement pursuant to this section.
(2) Exemptions and adjustments to the
requirement.
(i) Exemptions. The following
licensees shall be exempt from the continuing education requirements, as
prescribed in subdivision (c) of this section:
(a) licensees for the triennial registration
period during which they are first licensed to practice as a licensed mental
health counselor in New York State; and
(b) licensed mental health counselors who are
not engaged in the practice of mental health counseling, as evidenced by not
being registered to practice in New York State, except as otherwise prescribed
in subdivision (e) of this section to meet the requirements for the resumption
of practice in New York State.
(ii) Adjustments to the requirement. An
adjustment to the continuing education requirement, as prescribed in
subdivision (c) of this section, may be made by the department, provided that
the licensee documents good cause that prevents compliance or the department
determines otherwise that there is good cause that prevents compliance, which
shall include, but not be limited to, any of the following reasons: poor health
or a specific physical or mental disability certified by an appropriate health
care professional; or extended active duty with the Armed Forces of the United
States; or other good cause beyond the licensee's control which in the judgment
of the department, makes it impossible for the licensee to comply with the
continuing education requirements in a timely
manner.
(c) Mandatory continuing education requirement.
(1) General requirement.
(i) During each triennial registration
period, meaning a registration period of three years' duration, an applicant
for registration shall complete at least 36 hours of continuing education,
acceptable to the department, as defined in paragraph (2) of this subdivision.
Any licensed mental health counselor whose first registration date following
January 1, 2017 occurs less than three years from such date shall complete
continuing education hours on a prorated basis at the rate of one hour of
acceptable formal continuing education per month for the period beginning
January 1, 2017 up to the first registration date thereafter. Such continuing
education shall be completed during the period beginning January 1, 2017 and
ending before the first day of the new registration period.
(ii) Proration. Unless otherwise prescribed
in this section, during each registration period of less than three years'
duration, an applicant for registration shall complete acceptable continuing
education, as defined in paragraph (2) of this subdivision and within the
limits prescribed in such paragraph, on a prorated basis at a rate of one hour
of continuing education per month for such registration
period.
(2) Acceptable
formal continuing education. To be acceptable to the department, continuing
education shall meet the requirements of this paragraph. Such continuing
education must be in subjects prescribed in subparagraph (i) of this paragraph
and be the types of learning activities prescribed in subparagraph (ii) of this
paragraph and subject to the prohibition contained in subparagraph (iii) of
this paragraph.
(i) Acceptable subjects.
(a) 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.
(b)
All subject topics must be comparable to those taught in professional education
programs in mental health counseling offered by a program that is registered
under section
52.32 of this
Title.
(ii) Types of
learning activities. Acceptable continuing education shall be the types of
learning activities prescribed in this subparagraph and shall be subject to the
limitations prescribed in this subparagraph and subparagraph (iii) of this
paragraph.
(a) Courses of learning.
Acceptable courses of learning and other education activities must be taken
from a provider who has been approved by the department on the basis of an
application and fee, pursuant to subdivision (i) of this section. Formal
courses of learning shall include but not be limited to, university and college
credit and non-credit courses, and professional development programs and
technical sessions offered by national, State and local professional
associations and other organizations acceptable to the department, and any
other organized educational and technical programs related to the practice of
mental health counseling that are acceptable to the department.
(b) Other educational activities. Acceptable
continuing education shall be the following other educational activities:
(1) preparing and teaching a course offered
by a provider of continuing education to licensed mental health counselors,
approved pursuant to subdivision (i) of this section, provided that such
teaching shall not be acceptable where the licensee has taught the course on
more than one occasion without presenting new or revised material. Continuing
education hours that may be credited for this activity may include actual
instructional time plus preparation time which may be up to two additional
hours for each hour of presentation;
(2) preparing and teaching a course,
acceptable to the department, at a higher education institution or
psychotherapy institute, as defined in paragraphs (2) and (3) of subdivision
(a) of this section, relating to the practice of mental health counseling,
provided that such teaching shall not be acceptable where the licensee has
taught the course on more than one occasion without presenting new or revised
material. Continuing education hours that may be credited for this activity may
include actual instructional time plus preparation time which may be up to two
additional hours for each hour of presentation;
(3) making a technical presentation at a
professional conference sponsored by an organization that is a provider of
continuing education to licensed mental health counselors and that is approved
pursuant to subdivision (i) of this section, provided that such presentation
shall not be acceptable where the licensee has presented on the topic on more
than one occasion without presenting new or revised material. Continuing
education hours that may be credited for this activity shall include actual
presentation time, plus preparation time which may be up to two additional
hours for each hour of presentation;
(4) completing a self-study program, meaning
structured study, offered by a provider approved pursuant to subdivision (i) of
this section, that is based on audio, audio-visual, written, on-line, or other
media, and does not include live instruction, transmitted in person or
otherwise, during which the student may communicate and interact with the
instructor and other students. Self-study may comprise no more than 12 hours of
continuing education in any three-year registration period, or one-third of the
hours for a registration period other than three years;
(5) authoring a first-time article published
in a peer-reviewed journal or a chapter in a published book, provided that the
amount of continuing education credit awarded for such activity shall be two
hours; or
(6) authoring a
first-time book in the practice of licensed mental health counseling, provided
that the amount of continuing education credit awarded for such activity shall
be five hours.
(c) The
department may, in its discretion and as needed to contribute to the health and
welfare of the public, require the completion of continuing education courses
in specific subjects to fulfill this mandatory continuing education
requirement.
(i) Commencing with registration
periods beginning on or after April 1, 2023, a licensee shall complete, as part
of the required 36 hours of continuing education, three hours of continuing
education on issues related to maintaining appropriate professional boundaries
licensees and patients, from a provider approved by the
department.
(iii) Prohibition.
(a) Any continuing education designed for the
sole purpose of personal development, marketing, business practices, and
maximizing profits for the practice of a licensed mental health counselor shall
not be considered by the department as acceptable continuing
education.
(b) Supervision of a
licensed mental health counselor, limited permit holder, student or intern in a
placement that is part of a license-qualifying program, shall not be considered
by the department as acceptable continuing
education.
(d) Renewal of registration.
At each re-registration, licensed mental health counselors shall certify to the department that they have either complied with the continuing education requirements, as prescribed in this section, or are subject to an exemption or adjustment to such continuing education requirements, as prescribed in subdivision (b) of this section.
(1) A licensee who has not satisfied the
mandatory continuing education requirements shall not practice until such
requirements have been met and the licensee has been issued a registration
certificate by the department, except where a licensee has been issued a
conditional registration, as provided for in subdivision (f) of this
section.
(2) Continuing education
hours taken during one registration period may not be transferred to the
subsequent registration period.
(e) Requirement for lapse in practice.
(1) A licensee returning to
the practice of licensed mental health counseling after a lapse in practice, as
evidenced by not being registered to practice in New York State, whose first
registration date after such lapse in practice occurs less than three years
from January 1, 2017, shall be required to complete:
(i) at least one hour of acceptable
continuing education for each month beginning with January 1, 2017 until the
beginning of the new registration period, which shall be completed for a
licensee who has not lawfully practiced mental health counseling continuously
in another jurisdiction throughout such lapse period, in the 12-month period
before the beginning of the new registration period; and for the licensee who
has lawfully practiced as a licensed mental health counselor continuously in
another jurisdiction throughout such lapse period, in the new registration
period or at the option of the licensee in the period beginning 36 months
before the commencement of the new registration period and ending at the
conclusion of such new registration period; and
(ii) for a licensee who has not lawfully
practiced as a licensed mental health counselor continuously in another
jurisdiction throughout such lapse period, at least 12 hours of acceptable
continuing education in each successive 12-month period of the new registration
period; and for a licensee who has lawfully practiced licensed mental health
counseling continuously in another jurisdiction throughout such lapse period,
the regular continuing education requirement during the new registration
period.
(2) Except as
prescribed in paragraph (1) of this subdivision for registrations therein
specified, a licensee who returns to practice as a licensed mental health
counselor after a lapse in practice in which the licensee was not registered to
practice in New York State and did not lawfully practice continuously in
another jurisdiction throughout the lapse period, shall be required to
complete:
(i) the continuing education
requirement applicable to the period of time the licensee was registered in the
licensee's last registration period;
(ii) at least one hour of acceptable
continuing education for each month of lapsed registration up to a maximum 36
hours, which shall be completed in the 12 months before the beginning of the
new registration period; and
(iii)
at least 12 hours of acceptable continuing education in each succeeding
12-month period, after such registration is reissued, until the next
registration date.
(3)
Except as prescribed in paragraph (1) of this subdivision for registrations
therein specified, a licensee who returns to practice as a licensed mental
health counselor after a lapse in practice in which the licensee was not
registered to practice in New York State but did lawfully practice mental
health counseling continuously in another jurisdiction throughout the lapse
period, shall be required to complete:
(i)
the continuing education requirement applicable to the period of time the
licensee was registered in the licensee's last registration period;
and
(ii) at least one hour of
acceptable continuing education for each month of lapsed registration up to a
maximum of 36 hours, which shall be completed in the new registration period,
or at the option of the licensee in the period beginning 36 months before the
commencement of the new registration period and ending at the conclusion of the
new registration period; and
(iii)
the regular continuing education requirement during the new registration
period.
(f) Conditional registration.
(1)
The department may issue a conditional registration to a licensee who attests
to or admits to noncompliance with the continuing education requirements of
this section, provided that such licensee meets the following requirements:
(i) the licensee agrees to remedy such
deficiency within the conditional registration period;
(ii) the licensee agrees to complete the
regular continuing education requirement at the rate of one hour of acceptable
continuing education per month during such conditional registration period;
and
(iii) the licensee agrees to
complete additional continuing education during such conditional registration
period, which the department may require to ensure the licensee's proper
delivery of professional mental health counseling services consistent with the
licensee's practice as a licensed mental health counselor.
(2) The duration of such conditional
registration shall not exceed one year and shall not be renewed or
extended.
(g) Licensee records.
Each licensee subject to the requirements of this section shall maintain, or ensure access by the department to, a record of completed continuing education, which includes: the title of the course if a course, the type of educational activity if an 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), attendance verification if a course, participation verification if another educational activity, a copy of any article or book for which continuing education credit is claimed with proof of publication, and the date and location of the continuing education. Such records shall be retained for at least six years from the date of completion of the continuing education and shall be made available for review by the department in the administration of the requirements of this section.
(h) Measurement of continuing education study.
Continuing education credit shall be granted only for acceptable continuing education, as prescribed in subdivision (c) of this section. For continuing education courses, a minimum of 50 minutes shall equal one continuing education hour of credit. For credit-bearing university or college courses, each semester-hour of credit shall equal 15 continuing education hours of credit, and each quarter-hour of credit shall equal 10 continuing education hours of credit. Continuing education credit for other educational activities shall be awarded as described in clause (c)(2)(ii)(b) of this section or as otherwise prescribed by the department.
(i) Provider approval.
(1) An entity
or individual seeking approval by the department as a provider of continuing
education to licensed mental health counselors in the form of courses of
learning or self-study programs shall submit the fee prescribed in paragraph
(j)(3) of this section and meet the requirements of paragraphs (2) and (3) of
this subdivision.
(2) An entity or
individual eligible to apply for approval to be a provider of continuing
education to licensed mental health counselors includes, but is not limited to:
(i) a higher education institution that
offers programs that are registered pursuant to Part 52 of this Title as
leading to licensure as a licensed mental health counselor in New York or
accredited by the Council for Accreditation of Counseling and Related
Educational Programs (CACREP) or a higher education institution that is
accredited by an acceptable accrediting agency and that offers graduate
coursework that is directly related to the enhancement of practice, skills and
knowledge of licensed mental health counselors;
(ii) a psychotherapy institute, as defined in
paragraph (a)(3) of this section that offers coursework that is directly
related to the enhancement of practice, skills and knowledge of licensed mental
health counselors;
(iii) a national
mental health counselor organization or other professional organization that
promotes and protects the health, safety and welfare of the public and fosters
good practice in the mental health counseling profession, including specialty
boards, acceptable to the department;
(iv) a New York State mental health counselor
organization, acceptable to the department, that is incorporated or otherwise
organized in New York State that promotes and protects the health, safety and
welfare of the public and fosters good practice in the mental health counseling
profession in the State of New York as a whole and/or a region of the State of
New York;
(v) a national
organization of jurisdictional boards of mental health counseling that promote
and protect the health, safety and welfare of the public and fosters good
practice in the mental health counseling profession;
(vi) an entity operated under an operating
certificate appropriately issued in accordance with article 16, 31 or 32 of the
Mental Hygiene Law;
(vii) an
entity, hospital or health facility defined in section
2801 of the
Public Health Law; or
(viii) an
individual with expertise to provide continuing education to New York State
licensed mental health counselors.
(3) Department review of providers.
(i) The department shall conduct a review of
providers that apply for approval to offer continuing education to licensed
mental health counselors.
(ii) An
organization or individual desiring to offer continuing education shall submit,
with the fee as set forth in subdivision (j) of this section, an application
for advance approval as a provider at least 90 days prior to the date of the
commencement of such continuing education that documents that the organization
or individual:
(a) will offer courses of
learning or self-study programs in one or more of the subjects prescribed for
acceptable continuing education in subparagraph (c)(2)(i) of this
section;
(b) is an organized entity
or individual, included in paragraph (2) of this subdivision, including but not
limited to an institution that offers a graduate program that leads to
licensure in mental health counseling; or a national, State, or local mental
health counseling organization; or a hospital, behavioral health program or
program serving persons with developmental disabilities; or another entity that
employs licensed mental health counselors and possesses the expertise to offer
courses/educational activities; or an individual with expertise to provide
continuing education to New York State licensed mental health counselors; or an
organization desiring to provide continuing education to New York State
licensed mental health counselors; or an organization that proposes to offer
courses of learning or self-study programs to licensed mental health
counselors; or an organized educational entity with expertise in mental health
counseling education and practice; and that meets the requirements of this
subdivision;
(c) provides course
instructor(s) who are qualified to teach the courses which will be offered,
including but not limited to: faculty of a licensed mental health counseling
program offered by a higher education institution; or instructor(s) who are
specially qualified authorities in activities that are directed at developing
and enhancing a licensee's practice as a licensed mental health counselor, as
determined by the department with assistance from the State Board for Mental
Health Practitioners, to conduct such courses;
(d) has a method of assessing the learning of
participants, and describes such method; and
(e) will maintain records for at least six
years from the date of completion of coursework, which shall include, but shall
not be limited to, the name and curriculum vitae of the faculty or
instructor(s), a record of attendance of licensed mental health counselors in
the course if a course; a record of participation of licensed mental health
counselors in the self-instructional coursework if self-instructional
coursework; an outline of the course, date and location of the course, and the
number of hours for completion of the course. In the event an approved provider
discontinues operation, the governing body of such provider shall notify the
department and shall transfer all records as directed by the
department.
(iii)
Providers that are approved by the department pursuant to the requirements of
this paragraph shall be approved for a three-year term.
(iv) The department may conduct site visits
of, or request information from, a provider approved pursuant to the
requirements of this paragraph to ensure compliance with such requirements, and
a provider shall cooperate with the department in permitting such site visits
and in providing such information.
(v) A determination by the department that a
provider approved pursuant to the requirements of this paragraph is not meeting
the standards set forth in this paragraph shall result in the denial or
termination of the approved status of the provider.
(vi) Prohibition. Presenters of didactic
instruction may be persons who are not licensed by the State of New York as
licensed mental health counselors. The performance of activities that fall
within the restricted scope of practice of the licensed mental health counselor
must be done by individuals licensed and registered under article 163 of the
Education Law, or those otherwise authorized by law to perform such activities,
when the continuing education occurs in the State of New
York.
(j) Fees.
(1) At the beginning of
each registration period, a mandatory continuing education fee of $45 shall be
collected from licensees engaged in the practice of mental health counseling in
New York State, except for those exempt from the requirement pursuant to
subparagraph (b)(2)(i) of this section. This fee shall be in addition to any
applicable registration fees required by sections
6507-a and
8402 of the
Education Law.
(2) Licensees
applying for a conditional registration, pursuant to the requirements of
subdivision (f) of this section, shall pay a fee that is the same as and in
addition to, any applicable fee for the triennial registration required by
sections
6507-a and
8402 of the
Education Law. In addition, such licensees shall pay the $45 mandatory
continuing education fee.
(3)
Organizations or individuals desiring to offer continuing education to licensed
mental health counselors shall submit an application fee of $900 with the
application requesting the issuance of a permit from the department to become
an approved provider of a formal continuing education program. A fee of $900
shall accompany an application for a three-year renewal of the
permit.
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