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 79-9.9 - Supervision of certain persons authorized to practice mental health counseling in certain settings
Current through Register Vol. 46, No. 39, September 25, 2024
(a) For purposes of this section, supervision shall mean that the licensed supervisor is available for consultation, assessment and evaluation, has authorized such individual to provide the services, and exercises the degree of supervision appropriate to the circumstances.
(b) In accordance with section 8402 (2) of the Education Law, such individual may use the title "mental health counselor" but may not use the title "licensed mental health counselor" or any other designation tending to imply that the person is licensed to practice mental health counseling.
(c) In accordance with subdivision (10) of section 8410 of the Education Law, an individual who is employed in 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 government unit as that term is defined in section 41.03 of the mental hygiene law or a social services district as defined in section sixty-one of the social services law, who holds a master's or higher degree in counseling to meet the professional education requirement for licensure as a mental health counselor, as prescribed in section 52.32 of this Part, shall be permitted to perform activities and services within the scope of practice of mental health counseling as defined in subdivision (1) of section 8402 of the Education Law, under the supervision of a psychologist, licensed clinical social worker, or mental health counselor, licensed and registered to practice pursuant to Articles 153, 154 or 163 of the Education Law, respectively.
