N.Y. Education Law § 8402: Mental health counseling

§ 8402. Mental health counseling. 1. Definition of the practice of

mental health counseling. The practice of the profession of mental

health counseling is defined as:

(a) the evaluation, assessment, amelioration, treatment, modification,

or adjustment to a disability, problem, or disorder of behavior,

character, development, emotion, personality or relationships by the use

of verbal or behavioral methods with individuals, couples, families or

groups in private practice, group, or organized settings; and

(b) the use of assessment instruments and mental health counseling and

psychotherapy to identify, evaluate and treat dysfunctions and disorders

for purposes of providing appropriate mental health counseling services.

2. Practice of mental health counseling and use of the titles "mental

health counselor" and "licensed mental health counselor". Only a person

licensed or exempt under this article shall practice mental health

counseling or use the title "mental health counselor". Only a person

licensed under this article shall use the title "licensed mental health

counselor" or any other designation tending to imply that the person is

licensed to practice mental health counseling.

3. Requirements for a professional license. To qualify for a license

as a "licensed mental health counselor", an applicant shall fulfill the

following requirements:

(a) Application: File an application with the department;

(b) Education: Have received an education, including a master's or

higher degree in counseling from a program registered by the department

or determined by the department to be the substantial equivalent

thereof, in accordance with the commissioner's regulations. The graduate

coursework shall include, but not be limited to, the following areas:

(i) human growth and development;

(ii) social and cultural foundations of counseling;

(iii) counseling theory and practice and psychopathology;

(iv) group dynamics;

(v) lifestyle and career development;

(vi) assessment and appraisal of individuals, couples and families and

groups;

(vii) research and program evaluation;

(viii) professional orientation and ethics;

(ix) foundations of mental health counseling and consultation;

(x) clinical instruction; and

(xi) completion of a minimum one year supervised internship or

practicum in mental health counseling;

(c) Experience: An applicant shall complete a minimum of three

thousand hours of post-master's supervised experience relevant to the

practice of mental health counseling satisfactory to the board and in

accordance with the commissioner's regulations. Satisfactory experience

obtained in an entity operating under a waiver issued by the department

pursuant to section sixty-five hundred three-a of this title may be

accepted by the department, notwithstanding that such experience may

have been obtained prior to the effective date of such section

sixty-five hundred three-a and/or prior to the entity having obtained a

waiver. The department may, for good cause shown, accept satisfactory

experience that was obtained in a setting that would have been eligible

for a waiver but which has not obtained a waiver from the department or

experience that was obtained in good faith by the applicant under the

belief that appropriate authorization had been obtained for the

experience, provided that such experience meets all other requirements

for acceptable experience;

(d) Examination: Pass an examination satisfactory to the board and in

accordance with the commissioner's regulations;

(e) Age: Be at least twenty-one years of age;

(f) Character: Be of good moral character as determined by the

department; and

(g) Fees: Pay a fee of one hundred seventy-five dollars for an initial

license and a fee of one hundred seventy dollars for each triennial

registration period.