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THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

TO:	The Honorable the Members of the Board of Regents
FROM:	Johanna Duncan-Poitier
COMMITTEE:	Higher Education and Professional Practice
TITLE OF ITEM:	Proposed Promulgation of Regulations of the Commissioner of Education Relating to Requirements for Licensure in Creative Arts Therapy
DATE OF SUBMISSION:	January 4, 2005
PROPOSED HANDLING:	Approval
RATIONALE FOR ITEM:	To Implement Statute
STRATEGIC GOAL:	Goals 2 and 3
AUTHORIZATION(S):

SUMMARY:

Attached for approval is a proposed addition of section 52.34 and Subpart 79-11 to the Regulations of the Commissioner of Education, relating to requirements for licensure in creative arts therapy. Supporting materials for the proposed regulation are available upon request from the Secretary to the Board of Regents.

The purpose of the proposed regulation is to implement the provisions of Article 163 of the Education Law by establishing education, experience, and examination requirements for licensure in the new licensed profession of creative arts therapy, requirements for limited permits to practice this profession, and standards for registered college programs leading to licensure in this field. Creative arts therapy is one of four new professions, under the State Board for Mental Health Practitioners, established by Chapter 676 of the Laws of 2002.

The Higher Education and Professional Practice Committee discussed the proposed regulation at its September and December 2004 meetings. A Notice of Proposed Rule Making concerning the regulation was published in the State Register on August 25, 2004. In response to public comments, the proposed regulation was revised in the areas of education, experience, and special provisions for licensing prior to January 1, 2006, and a Notice of Revised Rule Making was published in the State Register on December 1, 2004. An Assessment of Issues Raised by Public Comment since the publication of the revised rule making is attached.

I recommend that the Board of Regents take the following action:

VOTED: That section 52.34 and Subpart 79-11 of the Regulations of the Commissioner of Education be added, as submitted, effective February 3, 2005.

Attachments

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Pursuant to sections 207, 210, 6501, 6504, 6507, 6508, 8404, 8409, and 8411 of the Education Law.

1. Section 52.34 of the Regulations of the Commissioner of Education is added, effective February 3, 2005, as follows:

52.34 Creative arts therapy.

In addition to meeting all applicable provisions of this Part, to be registered as a program recognized as leading to licensure in creative arts therapy, which meets the requirements of section 79-11.1 of this Title, the program shall:

(a) be a master's or doctoral degree program in creative arts therapy, which includes at least 48 semester hours, or the equivalent, of study;

(b) contain curricular content that includes but is not limited to each of the following content areas:

(1) preparation in one or more of the creative arts therapies, including but not limited to art, music, dance, drama, psychodrama, or poetry therapies, for the practice of creative arts therapy as defined in section 8404(1) of the Education Law;

(2) human growth and development;

(3) theories in creative arts therapy;

(4) group dynamics;

(5) assessment and appraisal of individuals and groups;

(6) research and program evaluation;

(7) professional orientation and ethics;

(8) foundations of creative arts therapy and psychopathology; and

(9) clinical instruction; and

(c) include a supervised internship or supervised practicum in the practice of creative arts therapy of at least 500 clock hours.

2. Subpart 79-11 of the Regulations of the Commissioner of Education is added, effective February 3, 2005, to read as follows:

Subpart 79-11

Creative Arts Therapy

79-11.1 Professional study.

(a) As used in this section, acceptable accrediting agency shall mean an organization accepted by the department as a reliable authority for the purpose of accrediting creative arts therapy programs, having accreditation standards that are substantially equivalent to the requirements for programs registered as leading to licensure in creative arts therapy pursuant to section 52.34 of this Title, and applying its criteria for granting accreditation of programs in a fair, consistent, and nondiscriminatory manner.

(b) To meet the professional education requirement for licensure as a creative arts therapist, the applicant shall present satisfactory evidence of completing:

(1) a master's or doctoral program in creative arts therapy registered as leading to licensure in this field pursuant to section 52.34 of this Title, or a master's or doctoral program in creative arts therapy that is accredited by an acceptable accrediting agency, or a program determined by the department to be substantially equivalent to such a registered or accredited program; or

(2) a program located outside the United States and its territories that is recognized by the appropriate civil authorities of the jurisdiction in which the program is located as a program that prepares an applicant for the professional practice of creative arts therapy, has been verified in accordance with subdivision (c) of section 59.2 of this Title, and which is determined by the department to be substantially equivalent to a master's or doctoral program in creative arts therapy registered by the department as leading to licensure in this field, pursuant to section 52.34 of this Title, or to a master's or doctoral program in creative arts therapy accredited by an acceptable accrediting agency.

79-11.2 Professional licensing examination.

(a) Each candidate for licensure as a creative arts therapist shall pass one of the following examinations:

(1) an examination that is offered by an organization determined by the department to have satisfactory administrative and psychometric procedures in place to offer the licensing examination, and that the department determines adequately tests creative arts therapy proficiency at the master's degree level and adequately measures the candidate's knowledge concerning practice of creative arts therapy, as defined in subdivision (1) of section 8404 of the Education Law; or

(2) a scored assessment of case narratives, which shall meet the following requirements:

(i) The case narratives shall be submitted to the department in a form prescribed by the department.

(ii) The case narratives shall describe the assessment and treatment in two cases. The narratives shall demonstrate the relationships among the presenting problems, the background material, a formulation of case dynamics, an assessment statement, the treatment process, application of creative arts theory appropriate to the case and the qualifications of the applicant, the treatment outcomes and supervisory issues.

(iii) The case narratives shall be scored by the State Board for Mental Health Practitioners. Failing examinations may be revised and resubmitted only once.

(b) Requirements for admission to examination for licensure as a creative arts therapist. To be admitted to the licensing examination, the candidate shall be required to:

(1) file an application for licensure with the department;

(2) pay the fee for initial licensure and the fee for the first registration period, as prescribed in section 8404(3)(g) of the Education Law; and

(3) present satisfactory evidence of having met the education requirement for licensure as a creative arts therapist, as prescribed in section 79-11.1 of this Subpart, including receipt of the degree.

(c) Passing score. The passing score for the examination for licensure as creative arts therapist shall be determined by the State Board for Mental Health Practitioners.

79-11.3 Experience requirement.

(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.

(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.

(c) Supervision of the experience. The experience shall be supervised in accordance with the requirements of this subdivision.

(1) Supervision of the experience shall consist of contact between the applicant and supervisor during which:

(i) the applicant apprises the supervisor of the assessment and treatment of each client;

(ii) the applicant’s cases are discussed with the supervisor;

(iii) the supervisor provides the applicant with oversight and guidance in developing skills as a creative arts therapist; and

(iv) the supervisor provides an average of one hour per week or two hours every other week of in-person individual or group supervision.

(2) Qualifications for supervisors of the required experience. The supervisor of the experience shall meet each of the following requirements:

(i) The supervisor shall have completed a baccalaureate or higher degree program in creative arts, in the subject of the field in which the supervisor is licensed as prescribed in subparagraph (iii) of this paragraph, or another field related to the field of counseling as determined by the department.

(ii) The supervisor shall have engaged in the practice of creative arts therapy for three years or the part-time equivalent. For purposes of this subparagraph, practice on a full-time basis shall mean 800 clock hours in the practice of creative arts therapy, earned over a 52-week period;

(iii) The supervisor 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 Articles 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.

(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.

(2) The setting in which the experience is gained shall be responsible for the services provided by individuals gaining experience for licensure.

(3) The setting shall not be a private practice owned or operated by the applicant.

79-11.4 Limited permits. As authorized by section 8409 of the Education Law, the department may issue a limited permit to practice creative arts therapy, in accordance with the requirements of this section.

(a) An applicant for a limited permit to practice creative arts therapy shall:

(1) file an application for a limited permit with the department and pay the application fee, as prescribed in section 8409(3) of the Education Law;

(2) meet all requirements for licensure as a creative arts therapist, except the examination and/or experience requirements; and

(3) be under the supervision of a supervisor acceptable to the department in accordance with the requirements of section 79-11.3 of this Subpart.

(b) The limited permit in creative arts therapy shall be issued for specific employment setting(s), acceptable to the department in accordance with the requirements of section 79-11.3 of this Subpart.

(c) The limited permit in creative arts therapy shall be valid for a period of not more than 12 months, provided that the limited permit may be extended for an additional 12 months at the discretion of the department if the department determines that the permit holder has made good faith efforts to successfully complete the examination and/or experience requirements within the first 12 months but has not passed the licensing examination or completed the experience requirement, or has other good cause as determined by the department for not completing the examination and/or experience requirement within the first 12 months, and provided further that the time authorized by such limited permit and subsequent extension shall not exceed 24 months total.

79-11.5 Classifications systems. A licensed creative arts therapist may use accepted classifications of signs, symptoms, dysfunctions and disorders, such as the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association, or an equivalent classification system as determined by the department, provided that such use is consistent with the practice of creative arts therapy as defined in section 8404(1) of the Education Law.

79-11.6 Special provisions.

(a) As used in this section, acceptable national certifying or registering body means a national certifying or registering body that the department determines is 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.

(b) Alternative requirements. In accordance with section 8411(2)(a) of the Education Law, an applicant who does not meet the requirements for licensure as a creative arts therapist as prescribed in section 8404(3) of the Education Law, may qualify for a license as a creative arts therapist through meeting the alternative requirements prescribed in either paragraph (1) or (2) of this subdivision, provided that the applicant meets all such requirements on or before January 1, 2006. The applicant shall:

(1) Alternative route one. An applicant may qualify for a license as a creative arts therapist through meeting the following alternative requirements. The applicant shall:

(i) file an application for licensure by January 1, 2006 and pay the fee for the initial license and the fee for the first registration period, as prescribed in section 8404(3)(g) of the Education Law;

(ii) be of good moral character as determined by the department;

(iii) be at least 21 years of age;

(iv) have completed a master's or higher degree program in creative arts therapy, including but not limited to art, music, dance, drama, psychodrama, or poetry therapies, that is registered by the department pursuant to Part 52 of this Title, or is an equivalent program as determined by the department, provided that the program includes:

(a) coursework that contains curricular content in the study of:

(1) one or more of the creative arts therapies, including but not limited to art, music, dance, drama, psychodrama, or poetry therapies, for the practice of creative arts therapy as defined in section 8404(1) of the Education Law;

(2) human growth and development;

(3) theories in creative arts therapy;

(4) assessment and appraisal of individuals and groups;

(5) research and program evaluation;

(6) clinical instruction; and

(b) a supervised internship or supervised practicum in the practice of creative arts therapy; and

(v) after completing the master's or higher degree program prescribed in subparagraph (iv) of this paragraph, have engaged in the practice of creative arts therapy, as defined in section 8404(1) of the Education Law, for at least 1,500 clock hours.

(2) Alternative route two. An applicant may qualify for a license as a creative arts therapist through meeting the following alternative requirements. The applicant shall:

(ii) be of good moral character as determined by the department;

(iii) be at least 21 years of age;

(iv) have engaged in the practice of creative arts therapy, as defined in section 8404(1) of the Education Law, on a full-time basis for seven years or the part-time equivalent. For purposes of this subparagraph, practice on a full-time basis shall mean 800 clock hours in the practice of creative arts therapy, earned over a 52-week period;

(v) have submitted certifications from three individuals who meet the qualifications for supervisors of the experience requirement, as prescribed in section 79-11.3(c)(2), endorsing the applicant's good professional ethics and clinical competence to practice creative arts therapy. Such certifications shall be submitted on forms prescribed by the department; and

(vi) either:

(a) have completed a baccalaureate or higher degree program in creative arts therapy that is registered by the department pursuant to Part 52 of this Title or is an equivalent program, provided that the applicant demonstrates the completion of coursework within such a program that contains curricular content in the study of: one or more of the arts, including but not limited to music, the fine arts, theater, or literature, for the practice of creative arts therapy; human growth and development; theories in creative arts therapy; and research or program evaluation; or

(b) document to the satisfaction of the department:

(1) having completed a baccalaureate or higher degree program in a program in any field that is registered by the department pursuant to Part 52 of this Title or is an equivalent program; and

(2) certification or registration by an acceptable national certifying or registering body, as defined by subdivision (a) of this section. For use under this subdivision, such certification or registration need not be current but shall not have been revoked for misconduct and/or unethical activities. For documentation of the applicant's certification or registration status to be sufficient, the acceptable national certifying or registering body must submit documentation verifying the applicant's certification or registration status directly to the department.

(c) In accordance with section 8411(2)(b) of the Education Law, an applicant who meets all requirements for licensure as a creative arts therapist, as prescribed in section 8404(3) of the Education Law, except for the examination requirement, may qualify for a license as a creative arts therapist through meeting the requirements of this subdivision, provided that the applicant meets these requirements on or before January 1, 2006. The applicant shall:

(1) file an application for licensure by January 1, 2006 and pay the fee for the initial license and the fee for the first registration period, as prescribed in section 8404(3)(g) of the Education Law;

(2) meet all requirements for the license as a creative arts therapist prescribed in section 8404(3) of the Education Law, except the examination requirement; and

(3) either:

(i) have certification or registration by an acceptable national certifying or registering body, as defined by subdivision (a) of this section. For use under this subdivision, such certification or registration need not be current but shall not have been revoked for misconduct and/or unethical activities. For documentation of the applicant's certification or registration status to be sufficient, the acceptable national certifying or registering body must submit documentation verifying the applicant's certification or registration status directly to the department; or

(ii) if there is no acceptable national certifying or registering body for creative arts therapists as defined in subdivision (a) of this section, have engaged in the practice of creative arts therapy, as defined in section 8404(1) of the Education Law, on a full-time basis for five years of the immediately preceding eight years prior to application for licensure. For purposes of this subparagraph, practice on a full-time basis shall mean 800 clock hours in the practice of creative arts therapy, earned over a 52-week period.

PROPOSED PROMULGATION OF SECTION 52.34 and SUBPART 79-11 OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION PURSUANT TO SECTIONS 207, 210, 6501, 6504, 6507, 6508, 8404, 8409, and 8411 OF THE EDUCATION LAW RELATING TO PROFESSIONAL LICENSURE IN CREATIVE ARTS THERAPY

ASSESSMENT OF iSSUES RAISED BY pUBLIC cOMMENT

The proposed rule was published as a revised rule making on December 1, 2004. Below is a summary of written comments received by the State Education Department concerning the proposed rule, which were not addressed in the previously published Assessment, and the Department's response.

COMMENT: While we agree that the increase of the credit hours for creative arts therapists from 30 to 48 semester hours will strengthen the training and competence of licensees, it is still not enough semester hours to cover the nine subject areas specified in the regulation. Also, the curriculum does not provide sufficient education in psychopathology.

RESPONSE: In response to public comment, the regulation was revised to increase from 30 to 48 the number of semester hours that must be included in registered programs leading to licensure in creative arts therapy. This number of semester hours is sufficient to cover the coursework requirements prescribed in the regulation and is consistent with accreditation standards. The regulation requires the curriculum to include coursework in psychopathology, and does not need to prescribe additional requirements. The Department will review the programs prior to registering them to ensure that they have adequate coverage in the prescribed subject areas, including psychopathology.

COMMENT: The curriculum prescribed in the regulation for registered programs leading to licensure does not adequately provide subject matter knowledge in areas needed for practice.

REPSONSE: The subject area requirements for registered programs leading to licensure are specified in statute. Therefore, the regulation must include these subjects as mandatory requirements for registered programs leading to licensure. These requirements provide adequate subject matter preparation for licensure.

COMMENT: The regulations should specify that supervisors of the experience requirement who are licensed in other fields and are exempt from licensure under Article 163 should be governed by the practice requirements of their particular profession.

RESPONSE: The supervisor who is licensed in another profession is bound by the statutory and regulatory requirements of that profession. It is unnecessary to repeat this requirement in these regulations.

COMMENT: The requirements in the special provisions that permit licensure with baccalaureate education should require the applicant to pass a licensure examination.

RESPONSE: The special provisions are only available until January 1, 2006, and are designed to assist individuals who have practiced in this field for many years to become licensed. Alternative two of the special provisions require applicants to be baccalaureate-educated, complete prescribed coursework, have extensive experience in the field, and obtain certifications from qualified individuals that endorse the applicant's professional ethics and clinical competence. These requirements establish satisfactory standards for licensure. An additional examination requirement is unnecessary.

The Honorable the Members of the Board of Regents