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Legislation to Allow Creative Arts Therapists to Be School Counselors Ny

Regulations of the Commissioner

Disclaimer: These Rules of the Regents and Regulations of the Commissioner of Instruction ("regulations") are unofficial, and are presented for general advisory purposes as a public service. Although reasonable efforts have been made to ensure that these regulations are current, complete and accurate, the State Education Section does not warrant or represent that they are current, complete and authentic. These regulations are subject to modify on a regular basis. Readers are advised to consult Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York (8 NYCRR), published by the Section of State, and the State Register external link icon for the official exposition of the text of these regulations, too as for amendments and any subsequent changes or revisions thereto.

Subpart 79-11, Creative Arts Therapy

Effective July xiv, 2010

79-11.1 Professional report. | 79-11.2 Professional licensing exam. | 79-11.3 Experience requirement. | 79-11.iv Express permits. | 79-11.5 Classifications systems. | 79-xi.6 Special provisions. | 79-xi.seven Licensure by endorsement of certain licensed creative arts therapists. | 79-11.viii Continuing education for licensed creative arts therapists. | 79-11.ix Supervision of sure persons authorized to practise creative arts therapy in certain settings.

79-11.one Professional written report.

  1. Every bit used in this section, adequate accrediting agency shall mean an system accepted by the department every bit a reliable potency 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 artistic arts therapy pursuant to section 52.34 of this Title, and applying its criteria for granting accreditation of programs in a off-white, consistent, and nondiscriminatory manner.
  2. To run into the professional teaching requirement for licensure equally a creative arts therapist, the applicant shall present satisfactory evidence of completing:
    1. a master's or doctoral plan in creative arts therapy registered as leading to licensure in this field pursuant to section 52.34 of this Title, or a principal'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 exterior the United States and its territories that is recognized by the appropriate ceremonious regime 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.ii of this Title, and which is determined by the section to be substantially equivalent to a master'south or doctoral program in creative arts therapy registered by the department as leading to licensure in this field, pursuant to department 52.34 of this Title, or to a master's or doctoral program in artistic arts therapy accredited by an acceptable accrediting agency.

79-11.2 Professional licensing examinations.

  1. Each candidate for licensure as a creative arts therapist shall pass one of the following examinations:
    1. an examination that is offered by an arrangement determined by the department to have satisfactory administrative and psychometric procedures in place to offer the licensing exam, and that the section determines adequately tests creative arts therapy proficiency at the master's degree level and fairly measures the candidate's knowledge apropos practice of creative arts therapy, as divers in subdivision (1) of section 8404 of the Education Law; or
    2. a scored assessment of case narratives, which shall meet the post-obit requirements:
      1. The case narratives shall be submitted to the department in a course prescribed by the department.
      2. The case narratives shall describe the assessment and treatment in two cases. The narratives shall demonstrate the relationships amid the presenting problems, the background material, a conception of instance dynamics, an assessment statement, the treatment process, awarding of creative arts theory appropriate to the example and the qualifications of the applicant, the handling outcomes and supervisory bug.
      3. The example narratives shall be scored past the State Lath for Mental Health Practitioners. Failing examinations may be revised and resubmitted simply one time.
  2. Requirements for admission to examination for licensure as a creative arts therapist. To exist admitted to the licensing exam, 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 flow, every bit prescribed in section 8404(iii)(g) of the Education Law; and
    3. present satisfactory show of having met the educational activity requirement for licensure as a creative arts therapist, as prescribed in department 79-eleven.1 of this Subpart, including receipt of the degree.
  3. Passing score. The passing score for the test for licensure as creative arts therapist shall exist determined by the State Board for Mental Health Practitioners.

79-xi.3 Experience requirement.

  1. An bidder for licensure as a creative arts therapist shall see the feel requirement for licensure as a creative arts therapist by submitting sufficient documentation of having completed a supervised experience of at least i,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 i,000 clock hours of such required experience shall consist of direct contact with clients. The remaining feel may consist of other activities that do not involve direct customer contact, including merely not limited to, recordkeeping, case direction, supervision, and professional development.
  2. The supervised experience must be obtained after the applicant completes the program required for licensure every bit a creative arts therapist, as prescribed in section 79-xi.1 of this Subpart and such experience must be obtained in accordance with the post-obit paragraphs:
    1. any feel obtained in New York must be performed by an applicant under a limited let issued past the department, except the department may, in express circumstances, accept experience that was non obtained under a limited permit where an applicant demonstrates that such experience was obtained in an authorized setting under a qualified supervisor.
    2. any feel completed in another jurisdiction may be accepted by the section 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, every bit determined by the department.
  3. Supervision of the experience. The experience shall exist supervised in accordance with the requirements of this subdivision.
    1. An bidder shall obtain feel under this section while under the full general supervision of a qualified supervisor. Full general supervision shall mean that a qualified supervisor shall be bachelor for consultation, cess and evaluation when professional person services are being rendered by an applicant and the supervisor shall exercise that caste of supervision appropriate to the circumstances. The supervisor shall provide at least one hr per week or four hours per month of in-person individual or group supervision wherein the supervisor shall:
      1. review the bidder's assessment, evaluation and treatment of each customer nether his or her general supervision; and
      2. provide oversight, guidance, and direction to the applicant in developing skills every bit 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, equally a physician assistant, psychology, licensed clinical social work, or as a registered professional nurse or nurse practitioner, pursuant to Manufactures 163, 131, 131-b, 139, 153, or 154 of the Education Law, respectively; or be an individual with equivalent qualifications equally determined past the department; or for applicants who utilise for licensure in creative arts therapy on or earlier December 31, 2007, be an individual with certification or registration past an acceptable national certifying or registering body for creative arts therapists. To exist acceptable to the department, the national certifying or registering body must be recognized nationwide as an organization that certifies or registers artistic arts therapists throughout the United States based upon a review of their qualifications to do creative arts therapy and must take acceptable standards for the review of the applicant's qualifications for practicing creative arts therapy, as determined by the section. Such standards must include standards for the review of the applicant's teaching and feel for practicing creative arts therapy and may include an examination requirement.
    3. The Department, in its discretion, may accept alternative ways to encounter the in-person supervision requirements of this paragraph (1) of this subdivision that cannot exist successfully completed due to the Country of Emergency declared past the Governor pursuant to an Executive Order for the COVID-19 crisis,
  4. Setting for the experience. For a setting for the feel to exist acceptable to the department, it shall meet the post-obit requirements:
    1. The setting shall be a location at which legally authorized individuals provide services that establish the practice of creative arts therapy, as defined in section 8404(ane) of the Didactics Constabulary. For purposes of this section, an acceptable setting shall be:
      1. a professional corporation, registered express liability partnership, or professional service limited liability visitor authorized to provide services that are within the scope of practice of creative arts therapy;
      2. a sole proprietorship owned by a licensee who provides services that are within the scope of his or her profession and services that are inside the scope of practise of creative arts therapy;
      3. a professional person partnership owned past licensees who provide services that are inside the telescopic of practice of creative arts therapy;
      4. a program or service operated, regulated, funded, or approved by the section of mental hygiene, the function of children and family services, the department of corrections and customs supervision, the office of temporary and disability assistance, the state office for the aging and the department of health or a local governmental unit every bit that term is divers in section 41.03 of the Mental Hygiene Constabulary or a social services district equally defined in section 61 of
        the Social Services Law;
      5. an entity belongings a waiver issued by the Section pursuant to section 6503-a or 6503-b of the Educational activity Police force to provide services that are within the telescopic of exercise of creative arts therapy;
      6. a program or facility authorized under federal law to provide services that are within the scope of practice of artistic arts therapy; or
      7. 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 artistic 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 likewise 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.
    3. The setting shall not be a individual practice owned or operated by the applicant.
  5. 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.

79-eleven.iv Limited permits.

Every bit authorized by section 8409 of the Educational activity Law, the department may event a limited permit to practice creative arts therapy, in accordance with the requirements of this section, to let an applicant to exercise under the supervision of a qualified supervisor while meeting the feel and/or test requirements for licensure.

  1. An applicant for a express 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 department 8409(3) of the Educational activity Law;
    2. meet all requirements for licensure every bit a creative arts therapist including but not express to the moral graphic symbol and pedagogy requirements, except the examination and/or experience requirements; and
    3. be nether the supervision of a supervisor acceptable to the department in accordance with the requirements of section 79-11.3 of this Subpart.
  2. In accord with the requirements of section 79-11.3 of this Subpart, the limited permit in creative arts therapy shall be issued for specific employment setting(south), acceptable to the section, and the permit shall identify a qualified supervisor acceptable to the department.
    1. The supervisor shall be responsible for appropriate oversight of all services provided by a permit holder under his or her general supervision.
    2. No supervisor shall supervise more than five permit holders at in one case.
  3. The limited permit in artistic arts therapy shall exist valid for a period of non more than 24 months, provided that the express allow may exist extended for no more than two additional 12 month periods at the discretion of the department if the section determines that the permit holder has fabricated practiced faith efforts to successfully complete the exam and/or experience requirements but has not passed the licensing exam or completed the experience requirement, or has other good crusade every bit determined by the section for non completing the examination and/or experience requirement, and provided further that the time authorized by such limited permit and subsequent extensions shall non exceed 48 months full.

79-xi.5 Classifications systems.

A licensed creative arts therapist may employ accepted classifications of signs, symptoms, dysfunctions and disorders, such as the Diagnostic and Statistical Transmission of Mental Disorders, published past the American Psychiatric Association, or an equivalent classification organisation as determined past the department, provided that such use is consistent with the do of creative arts therapy as defined in section 8404(i) of the Education Law.


79-11.6 Special provisions.

  1. As used in this section, acceptable national certifying or registering torso means a national certifying or registering body that the department determines is recognized nationwide equally 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 take adequate standards for the review of the bidder's qualifications for practicing creative arts therapy, as determined by the department. Such standards must include standards for the review of the applicant's pedagogy and experience for practicing creative arts therapy and may include an examination requirement.
  2. Culling requirements. In accordance with section 8411(ii)(a) of the Teaching Police, an bidder who does not meet the requirements for licensure every bit a creative arts therapist every bit prescribed in section 8404(3) of the Didactics Law, may qualify for a license as a creative arts therapist through coming together the alternative requirements prescribed in either paragraph (1) or (2) of this subdivision, provided that the bidder files the licensure awarding with the department and pays the required fees by January ane, 2006 and meets all of the other requirements on or earlier December 31, 2006.
    1. Alternative route 1. An applicant may authorize for a license every bit a artistic arts therapist through coming together the following alternative requirements. The applicant shall:
      1. file an application for licensure past Jan 1, 2006 and pay the fee for the initial license and the fee for the first registration catamenia, as prescribed in department 8404(3)(yard) of the Education Law;
      2. exist of expert moral character as determined past the department;
      3. be at least 21 years of historic period;
      4. have completed a master's or higher degree program in creative arts therapy, including merely 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 equally determined by the department, provided that the program includes:
        1. coursework that contains curricular content in the study of:
          1. one or more of the creative arts therapies, including but not express to art, music, trip the light fantastic toe, drama, psychodrama, or poesy therapies, for the practice of creative arts therapy as divers in section 8404(one) of the Education Police force;
          2. human growth and development;
          3. theories in creative arts therapy;
          4. assessment and appraisal of individuals and groups;
          5. inquiry and program evaluation;
          6. clinical educational activity; and
        2. a supervised internship or supervised practicum in the practise of creative arts therapy; and
      5. after completing the master's or higher degree programme prescribed in subparagraph (4) of this paragraph, have engaged in the practice of artistic arts therapy, as defined in department 8404(one) of the Pedagogy Law, for at least 1,500 clock hours.
    2. Alternative route two. An applicant may qualify for a license equally a creative arts therapist through meeting the following alternative requirements. The applicant shall:
      1. file an awarding for licensure by January i, 2006 and pay the fee for the initial license and the fee for the first registration period, equally prescribed in section 8404(iii)(g) of the Education Law;
      2. exist of expert moral character as determined past the department;
      3. be at least 21 years of age;
      4. accept engaged in the practice of creative arts therapy, as defined in department 8404(i) of the Educational activity Law, on a full-time basis for vii years or the part-fourth dimension equivalent. For purposes of this subparagraph, practise on a full-time basis shall mean 800 clock hours in the do of creative arts therapy, earned over a 52-calendar week menstruation;
      5. accept submitted certifications from three individuals who meet the qualifications for supervisors of the experience requirement, as prescribed in section 79-11.3(c)(ii), endorsing the applicant'south skillful professional ideals and clinical competence to practice creative arts therapy. Such certifications shall be submitted on forms prescribed by the department; and
      6. either:
        1. have completed a baccalaureate or higher degree program in creative arts therapy that is registered past the department pursuant to Function 52 of this Title or is an equivalent program, provided that the applicant demonstrates the completion of coursework within such a programme that contains curricular content in the written report of: ane or more of the arts, including only not express 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 enquiry or program evaluation; or
        2. document to the satisfaction of the department:
          1. having completed a baccalaureate or college degree plan in a plan 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, every bit defined by subdivision (a) of this department. For apply under this subdivision, such certification or registration need not be electric 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 section.
  3. In accordance with department 8411(2)(b) of the Education Police force, an applicant who meets all requirements for licensure as a artistic arts therapist, as prescribed in department 8404(three) of the Teaching Police, except for the examination requirement, may qualify for a license as a creative arts therapist through coming together the requirements of this subdivision, provided that the applicant files the licensure application with the department and pays the required fees past January 1, 2006 and meets all of the other requirements on or before December 31, 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 offset registration period, as prescribed in department 8404(three)(g) of the Education Police force;
    2. meet all requirements for the license equally a creative arts therapist prescribed in department 8404(iii) of the Education Police, except the examination requirement; and
    3. either:
      1. have certification or registration by an acceptable national certifying or registering body, as defined by subdivision (a) of this section. For use nether this subdivision, such certification or registration need not be electric current just shall not accept been revoked for misconduct and/or unethical activities. For documentation of the applicant'due south certification or registration status to be sufficient, the acceptable national certifying or registering torso must submit documentation verifying the applicant's certification or registration status directly to the section; or
      2. 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 do of creative arts therapy, as defined in department 8404(i) of the Education Constabulary, on a total-time basis for five years of the immediately preceding eight years prior to awarding 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-calendar week period.

§79-xi.vii Licensure by endorsement of certain licensed artistic arts therapists.

An applicant seeking endorsement of a license in creative arts therapy issued by another state, country or territory shall present bear witness of:

  1. age, the applicant must be at least 21 years of age;
  2. licensure past another jurisdiction;
  3. completion of a graduate degree in creative arts therapy or a related field that at the time of completion qualified the applicant for licensure as a creative arts therapist in the other jurisdiction;
  4. completion of supervised experience in creative arts therapy and psychotherapy that qualified the bidder for initial licensure in the other jurisdiction;
  5. passage of an examination acceptable to the section for the practice of creative arts therapy;
  6. at least five years of experience in creative arts therapy satisfactory to the Country Lath for Mental Wellness Practitioners, inside the 10 years immediately preceding the application for licensure by endorsement in New York; and
  7. completion of coursework in the identification and reporting of suspected child abuse and neglect or the exemption from such coursework, as specified in 6507(3) of the Pedagogy Law;
  8. adept moral graphic symbol every bit determined by the department;
  9. acceptable licensure and subject status in each jurisdiction in which the applicant holds a professional license.

§79-11.eight* Standing education for licensed creative arts therapists.

  1. Definitions. Every bit used in this section:
    1. Acceptable accrediting agency means an organization accepted past the department as a reliable authority for the purpose of accreditation at the postsecondary level, applying its criteria for granting accreditation in a off-white, consistent and nondiscriminatory manner, such as an bureau recognized for this purpose past the Council for Higher Education Accreditation.
    2. College education institution means a caste-granting postsecondary institution accredited by an acceptable accrediting agency.
    3. Psychotherapy institute means a psychotherapy plant chartered past the Board of Regents, or an institution offering a program which meets the requirements of section 52.35 of this Title.
  2. Applicability of requirements.
    1. Each licensed creative arts therapist, required under commodity 163 of the Educational activity Law to register with the department to exercise in New York Land, shall comply with the mandatory standing 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 (ii) of this subdivision or who are subject to a dissimilar requirement pursuant to this section.
    2. Exemptions and adjustments to the requirement.
      1. Exemptions. The following licensees shall be exempt from the continuing pedagogy requirements, as prescribed in subdivision (c) of this section:
        1. licensees for the triennial registration period during which they are beginning licensed to practice equally a licensed creative arts therapist in New York Country; and
        2. licensed artistic arts therapists who are not engaged in the practise of creative arts therapy, as evidenced by not being registered to practice in New York State, except every bit otherwise prescribed in subdivision (e) of this section to meet the requirements for the resumption of exercise in New York State.
      2. Adjustments to the requirement. An adjustment to the standing education requirement, as prescribed in subdivision (c) of this section, may be made by the department, provided that the licensee documents skillful cause that prevents compliance or the department determines otherwise that there is good cause that prevents compliance, which shall include, but not exist express to, whatever 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 War machine of the United States; or other good crusade beyond the licensee's command which in the judgment of the department, makes it incommunicable for the licensee to comply with the standing didactics requirements in a timely mode.
  3. Mandatory continuing education requirement.
    1. General requirement.
      1. During each triennial registration period, meaning a registration catamenia of three years' duration, an bidder for registration shall complete at least 36 hours of continuing pedagogy, acceptable to the department, as defined in paragraph (2) of this subdivision. Any licensed artistic arts therapist whose first registration engagement 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 adequate formal continuing pedagogy per month for the menses beginning January 1, 2017 up to the get-go registration date thereafter. Such continuing education shall exist completed during the menses get-go January one, 2017 and ending before the first day of the new registration period.
      2. Proration. Unless otherwise prescribed in this section, during each registration period of less than three years' elapsing, an applicant for registration shall consummate acceptable continuing didactics, equally divers 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 calendar month for such registration period.
    2. Acceptable formal continuing education. To be adequate to the section, standing education shall meet the requirements of this paragraph. Such continuing educational activity 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.
      1. Adequate subjects.
        1. The formal continuing teaching shall be in professional person and clinical skills in accord with the practice of creative arts therapy as defined in section 8404 of the Education Law. Such subjects may include but shall not be limited to: clinical interventions and prove-based practise; cantankerous-disciplinary offerings from medicine, law, administration, educational activity, behavioral and social sciences related to creative arts therapy exercise, patient communications, recordkeeping, and matters relating to law and/or ethics which contribute to professional person exercise in creative arts therapy and the wellness, safety, and/or welfare of the public.
        2. All subject field topics must be comparable to those taught in professional person instruction programs in creative arts therapy offered by a program that is registered under section 52.34 of the Commissioner'due south Regulations.
      2. Types of learning activities. Adequate standing education shall exist the types of learning activities prescribed in this subparagraph and shall exist subject to the limitations prescribed in this subparagraph and subparagraph (3) of this paragraph.
        1. Courses of learning. Adequate courses of learning and other instruction activities must be taken from a provider who has been approved by the department on the ground of an awarding and fee, pursuant to subdivision (i) of this department. Formal courses of learning shall include just not exist express to, university and college credit and not-credit courses, and professional evolution programs and technical sessions offered by national, country and local professional associations and other organizations acceptable to the department, and whatever other organized educational and technical programs related to the practice of artistic arts therapy that are adequate to the department.
        2. Other educational activities. Acceptable standing didactics shall be the following other educational activities:
          1. preparing and education a course offered by a provider of continuing education to licensed creative arts therapists, canonical pursuant to subdivision (i) of this section, provided that such teaching shall not be acceptable where the licensee has taught the grade on more than than one occasion without presenting new or revised cloth. Continuing pedagogy hours that may be credited for this activeness may include bodily instructional fourth dimension plus grooming time which may be up to two boosted hours for each hour of presentation;
          2. preparing and teaching a course, adequate to the department, at a higher teaching institution or psychotherapy plant, every bit defined in paragraphs (2) and (3) of subdivision (a) of this section, relating to the practise of artistic arts therapy, provided that such teaching shall not exist adequate where the licensee has taught the course on more than 1 occasion without presenting new or revised cloth. Continuing education hours that may be credited for this activity may include actual instructional time plus preparation fourth dimension which may be up to two additional hours for each hour of presentation;
          3. making a technical presentation at a professional conference sponsored past an organization that is a provider of continuing education to licensed creative arts therapists and that is canonical pursuant to subdivision (i) of this section, provided that such presentation shall non be acceptable where the licensee has presented on the topic on more than one occasion without presenting new or revised material. Continuing educational activity hours that may be credited for this activity shall include bodily presentation time, plus training time which may be up to 2 additional hours for each hour of presentation;
          4. completing a self-study program, meaning structured report, 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 non include live instruction, transmitted in person or otherwise, during which the student may communicate and interact with the instructor and other students. Cocky-report may comprise no more than than twelve hours of continuing education in whatever three-year registration menstruation, or one-3rd of the hours for a registration period other than three years;
          5. authoring a showtime-time commodity published in a peer-reviewed journal or a chapter in a published book, provided that the corporeality of continuing educational activity credit awarded for such action shall be two hours;
          6. authoring a first-fourth dimension book in the practice of licensed creative arts therapy, provided that the corporeality of continuing education credit awarded for such action shall be v hours; or
          7. participating in a juried art prove or functioning activity, including engaging in trip the light fantastic toe, movement, drama, music or poetry performances and/or art installations, which is a contest in which participants' works are judged by a person or panel of persons convened specifically to gauge the participants' efforts, either past the competition'south stated rubric or theme or by a subjective set of criteria dependent upon the nature of the competition or the judges themselves, provided that the amount of continuing educational activity credit awarded for such show or activity shall exist no more than than two hours per yr or six hours in a triennial registration period.
        3. The department may, in its discretion and every bit needed to contribute to the health and welfare of the public, crave the completion of continuing pedagogy courses in specific subjects to fulfill this mandatory continuing teaching requirement.
      3. Prohibition.
        1. Any standing education designed for the sole purpose of personal development, marketing, concern practices, and maximizing profits for the exercise of a licensed creative arts therapist shall not be considered by the department as acceptable continuing teaching.
        2. Supervision of a licensed artistic arts therapist, limited permit holder, student or intern in a placement that is part of a license-qualifying plan, is not an acceptable subject of continuing education.
  4. Renewal of registration. At each re-registration, licensed creative arts therapists 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 standing education requirements shall not practice until such requirements accept been met and the licensee has been issued a registration document by the section, except where a licensee has been issued a conditional registration, as provided for in subdivision (f) of this section.
    2. Standing teaching hours taken during one registration catamenia may not be transferred to the subsequent registration period.
  5. Requirement for lapse in practice.
    1. A licensee returning to the practice of licensed creative arts therapy later on a lapse in do, as evidenced by non being registered to practice in New York State, whose first registration date after such lapse in do occurs less than 3 years from January 1, 2017 shall be required to complete:
      1. at least one hour of acceptable continuing instruction for each month outset with January 1, 2017 until the beginning of the new registration period, which shall be completed for a licensee who has not lawfully skillful creative arts therapy continuously in some other jurisdiction throughout such lapse period, in the 12-month period before the start of the new registration period; and for the licensee who has lawfully practiced as a licensed creative arts therapist continuously in some other jurisdiction throughout such lapse period, in the new registration menses or at the selection of the licensee in the menstruum showtime 36 months before the commencement of the new registration flow and ending at the conclusion of such new registration menstruation; and
      2. for a licensee who has non lawfully practiced every bit a licensed creative arts therapist continuously in another jurisdiction throughout such lapse period, at least 12 hours of acceptable continuing teaching in each successive 12-month flow of the new registration period; and for a licensee who has lawfully skilful licensed creative arts therapy continuously in another jurisdiction throughout such lapse menstruum, the regular standing instruction requirement during the new registration menses.
    2. Except equally prescribed in paragraph (1) of this subdivision for registrations therein specified, a licensee who returns to practise as a licensed artistic arts therapist subsequently a lapse in practice in which the licensee was not registered to practise in New York Land and did non lawfully do continuously in another jurisdiction throughout the lapse period, shall be required to complete:
      1. the continuing education requirement applicable to the period of time the licensee was registered in the licensee's concluding registration menses;
      2. at to the lowest degree one hr of adequate continuing teaching for each month of lapsed registration up to a maximum 36 hours, which shall be completed in the 12 months earlier the starting time of the new registration period; and
      3. at least 12 hours of acceptable continuing education in each succeeding 12-calendar month period, after such registration is reissued, until the side by side 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 artistic arts therapist later a lapse in practice in which the licensee was not registered to practice in New York Land but did lawfully practise creative arts therapy continuously in another jurisdiction throughout the lapse menstruation, shall exist required to complete:
      1. the continuing education requirement applicative to the menses of time the licensee was registered in the licensee's final registration menstruum; and
      2. 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 menstruation, or at the option of the licensee in the period beginning 36 months earlier the commencement of the new registration period and ending at the decision of the new registration menstruation; and
      3. the regular continuing education requirement during the new registration period.
  6. Conditional registration.
    1. The department may result a conditional registration to a licensee who attests to or admits to noncompliance with the continuing educational activity requirements of this section, provided that such licensee meets the post-obit requirements:
      1. the licensee agrees to remedy such deficiency inside the conditional registration period;
      2. the licensee agrees to complete the regular continuing pedagogy requirement at the rate of ane hour of adequate continuing education per calendar month during such provisional registration period; and
      3. the licensee agrees to complete additional continuing education during such provisional registration period, which the section may require to ensure the licensee's proper delivery of professional creative arts therapy services consequent with the licensee's exercise as a licensed artistic arts therapist.
    2. The duration of such conditional registration shall non exceed i year and shall not be renewed or extended.
  7. Licensee records. Each licensee subject area to the requirements of this section shall maintain, or ensure access by the section 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 field of the continuing instruction, the number of hours of continuing education completed, the provider's name and whatever identifying number (if applicative), attendance verification if a class, participation verification if some other educational activity, a copy of whatsoever article or book for which continuing didactics credit is claimed with proof of publication, the plan for juried evidence or performance, as defined in subclause (7) of clause (b) of subparagraph (ii) of paragraph (2) of subdivision (c) of this department, and the appointment and location of the continuing education. Such records shall be retained for at least 6 years from the date of completion of the continuing teaching and shall exist made bachelor for review by the department in the administration of the requirements of this department.
  8. Measurement of continuing education study. Standing education credit shall be granted merely for acceptable continuing didactics, equally prescribed in subdivision (c) of this section. For continuing pedagogy courses, a minimum of 50 minutes shall equal one continuing education hour of credit. For credit-bearing university or college courses, each semester-60 minutes of credit shall equal 15 standing pedagogy hours of credit, and each quarter-hour of credit shall equal ten standing pedagogy hours of credit. Standing education credit for other educational activities shall exist awarded as described in clause (b) of subparagraph (ii) of paragraph (ii) of subdivision (c) of this section or as otherwise prescribed by the section.
  9. Provider blessing.
    1. An entity or private seeking approval past the section as a provider of standing educational activity to licensed creative arts therapists in the form of courses of learning or cocky-report programs shall submit the fee prescribed in paragraph (iii) of subdivision (j) of this section and meet the requirements of paragraphs (2) and (3) of this subdivision.
    2. An entity or individual eligible to apply for approving to be a provider of continuing educational activity to licensed creative arts therapists includes, but is non limited to:
      1. a higher education institution that offers programs that are registered pursuant to Part 52 of this Championship every bit leading to licensure equally a licensed creative arts therapist in New York or accredited by the American Art Therapy Clan (AATA) or a higher pedagogy institution that is accredited by an acceptable accrediting agency and that offers graduate coursework that is straight related to the enhancement of exercise, skills and knowledge of licensed creative arts therapists;
      2. a psychotherapy institute, as defined in paragraph (3) of subdivision (a) of this section that offers coursework that is directly related to the enhancement of practice, skills and cognition of licensed creative arts therapists;
      3. a national creative arts therapist organization or other professional organization that promotes and protects the health, safety and welfare of the public and fosters good practice in the creative arts therapy profession, including specialty boards, acceptable to the section;
      4. a New York State creative arts therapist organisation, 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 expert practice in the creative arts therapy profession in the State of New York equally a whole and/or a region of the State of New York;
      5. a national organisation of jurisdictional boards of creative arts therapy that promote and protect the wellness, safety and welfare of the public and fosters good practise in the creative arts therapy profession;
      6. an entity operated under an operating certificate appropriately issued in accordance with articles 16, 31 or 32 of the Mental Hygiene Police;
      7. an entity, hospital or health facility defined in section 2801 of the Public Health Police; or
      8. an individual with expertise to provide standing education to New York State licensed creative arts therapists.
    3. Department review of providers.
      1. The department shall behave a review of providers that apply for approval to offer continuing education to licensed artistic arts therapists.
      2. An organization or individual desiring to offer continuing education shall submit, with the fee as gear up along in subdivision (j) of this department, an awarding for advance approval equally a provider at least 90 days prior to the date of the beginning of such continuing education that documents that the organization or individual:
        1. will offering courses of learning or cocky-written report programs in one or more of the subjects prescribed for acceptable continuing didactics in subparagraph (i) of paragraph (2) of subdivision (c) of this section;
        2. is an organized entity or individual, included in paragraph (2) of this subdivision, including simply non limited to an institution that offers a graduate program that leads to licensure in creative arts therapy; or a national, Land, or local creative arts therapy arrangement; or a infirmary, behavioral health programme or program serving persons with developmental disabilities; or another entity that employs licensed creative arts therapists and possesses the expertise to offer courses/educational activities; or an individual with expertise to provide continuing education to New York State licensed creative arts therapists; or an arrangement desiring to provide standing pedagogy to New York State licensed creative arts therapists; or an organization that proposes to offer courses of learning or self-report programs to licensed creative arts therapists; or an organized educational entity with expertise in creative arts therapy didactics and practice; and that meets the requirements of this subdivision;
        3. provides grade instructor(s) who are qualified to teach the courses which will exist offered, including but not limited to: faculty of a licensed artistic arts therapy plan offered by a college education institution; or teacher(s) who are particularly qualified authorities in activities that are directed at developing and enhancing a licensee's practice every bit a licensed creative arts therapist, as determined by the department with assist from the State Board for Mental Health Practitioners, to carry such courses;
        4. has a method of assessing the learning of participants, and describes such method; and
        5. will maintain records for at least six years from the date of completion of coursework, which shall include, but shall not exist limited to, the name and curriculum vitae of the faculty or instructor(due south), a record of attendance of licensed artistic arts therapists in the course if a course; a record of participation of licensed artistic arts therapists in the cocky-instructional coursework if self-instructional coursework; an outline of the course, engagement 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 torso of such provider shall notify the department and shall transfer all records equally directed by the department.
      3. Providers that are approved past the department pursuant to the requirements of this paragraph shall be canonical for a three-year term.
      4. The section 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 section in permitting such site visits and in providing such information.
      5. A determination past the department that a provider approved pursuant to the requirements of this paragraph is non coming together the standards set along in this paragraph shall result in the denial or termination of the approved status of the provider.
      6. Prohibition: Presenters of didactic instruction may be persons who are not licensed by the State of New York every bit licensed creative arts therapists. The operation of activities that autumn within the restricted scope of practice of the licensed creative arts therapist must be done past individuals licensed and registered nether article 163 of the Didactics Police force, or those otherwise authorized by police to perform such activities, when the continuing education occurs in the State of New York.
  10. Fees.
    1. At the beginning of each registration period, a mandatory continuing didactics fee of $45 shall be collected from licensees engaged in the practice of creative arts therapy in New York State, except for those exempt from the requirement pursuant to subparagraph (i) of paragraph (2) of subdivision (b) of this section. This fee shall be in improver to any applicable registration fees required past sections 6507-a and 8404 of the Education Police force.
    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 equally and in addition to, any applicable fee for the triennial registration required by sections 6507-a and 8404 of the Instruction Law. In addition, such licensees shall pay the $45 mandatory standing instruction fee.
    3. Organizations or individuals desiring to offer continuing education to licensed artistic arts therapists shall submit an application fee of $900 with the application requesting the issuance of a permit from the section to become an approved provider of a formal standing education plan. A fee of $900 shall back-trail an application for a three-year renewal of the permit.

*NB Effective Jan 1, 2017.


79-11.9 Supervision of certain persons authorized to practise creative arts
therapy in certain settings.

  1. 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 advisable to the circumstances.
  2. In accordance with department 8404(2) of the Education Law, such individual may utilise the championship "artistic arts therapist" but may not use the championship "licensed artistic arts therapist" or any other designation tending to imply that the person is licensed to practice creative arts therapy.
  3. In accordance with subdivision (ten) of department 8410 of the Education Constabulary, an individual who is employed in a program or service operated, regulated, funded, or approved by the section of mental hygiene, the office of children and family services, the department of corrections and community supervision, the role of temporary and inability assistance, the state office for the crumbling 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 constabulary, who holds a main's or doctoral degree in creative arts therapy to meet the professional education requirement for licensure as a creative arts therapist, as prescribed in section 52.34 of this Part, shall be permitted to perform activities and services within the scope of do of artistic arts therapy as divers in subdivision (ane) of section 8404 of the Education Law, under the supervision of a psychologist, licensed clinical social worker, or creative arts therapist, licensed and registered to practice pursuant to Articles 153, 154 or 163 of the Didactics Law, respectively.

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Source: http://www.op.nysed.gov/prof/mhp/subpart79-11.htm