David Hamilton, Ph.D., LMSW State Board for Mental Health Practitioners

David Hamilton, Ph.D., LMSW State Board for Mental Health Practitioners

Overview of LCAT license & practice Requirements for licensure Professional corporations & authorized settings Professional responsibility Continuing education requirements Acceptable subjects and education activities Compliance (lapse in practice, adjustments & conditional registration) Continuing education providers Recordkeeping and reporting Questions and answers NYATA LCAT Pratt Oct. 23, 2016 2

Complete license-qualifying or equivalent education acceptable to the Department Submit application (Form 1) and $371 fee At least 21 years of age and good moral character, as determined by SED Complete supervised experience under limited permit (Form 5 and $70) Pass acceptable licensing examination Complete child abuse course or exemption NYATA LCAT Pratt Oct. 23, 2016 3

Profession 2011 2012 2013 2014 2015 Creative Arts Therapist Marriage & Family Therapist Mental Health Counselor 106 93 128 100 112 77 54 92 87 116 332 364 501 538 567 Psychoanalyst 19 18 19 17 27 NYATA LCAT Pratt Oct. 23, 2016 4

SED issues a license when all requirements have been met, in the determination of the Department Initial registration for 3 years; must register every three years ($196 fee + $45 CE fee) Notify SED within 30 days of change in name or address Registration process is online Must register to use title & practice LCAT NYATA LCAT Pratt Oct. 23, 2016 5

Acceptable settings defined in 79-11.3: Proprietorship or professional corporation owned by licensees who provide services within the scope of creative arts therapy Facility or program authorized by DOH, OMH, OPWDD, OASAS, etc. to provide services Authorized federal program or facility Entity defined as exempt or otherwise authorized under NY or other state s laws Includes entity with waiver of corporate practice NYATA LCAT Pratt Oct. 23, 2016 6

Professional corporation (P.C.) is owned by one or more LCAT to practice the profession Professional Limited Liability Partnership (PLLP) is owned by one or more LCAT to practice the profession & other lawful activities Name of the entity (P.C., PLLC or DBA) must include the licensed profession & may not claim superiority Business corporation may not practice LCAT NYATA LCAT Pratt Oct. 23, 2016 7

Obtaining license fraudulently Practicing beyond authorized scope, with gross incompetence, with gross negligence Practicing while impaired by alcohol, drugs, physical or mental disability Conviction of crime or misconduct in New York, another state or under federal law Aiding and abetting illegal practice 8

Parts 29.1, 29.2 and 29.15 of Regents Rules define unprofessional conduct: fee splitting, moral unfitness, practicing without supervision or failing to provide supervision, advertising not in public interest Failure to wear name badge, exercising undue influence on patient, failure to maintain patient records Prescribing drugs or using invasive procedures, including laser, ultrasound, ECT Continuous & sustained treatment of defined conditions without a medical evaluation & consultation 9

Practice continues to change dramatically and the knowledge, skills and abilities of LCATs must meet the challenge. Legislation was enacted in the fall of 2013 that will require every Licensed Creative Arts Therapist (LCAT), mental health counselor, marriage & family therapist & psychoanalyst to complete acceptable continuing education after January 1, 2017 to register one's license for the next three-year period. NYATA LCAT Pratt Oct. 23, 2016 10

Starting Date NYATA LCAT Pratt Oct. 23, 2016 Hour s Starting Date 11 Hour s Starting Date Hours 1/1/17 0 1/1/18 12 1/1/19 24 2/1/17 1 2/1/18 13 2/1/19 25 3/1/17 2 3/1/18 14 3/1/19 26 4/1/17 3 4/1/18 15 4/1/19 27 5/1/17 4 5/1/18 16 5/1/19 28 6/1/17 5 6/1/18 17 6/1/19 29 7/1/17 6 7/1/18 18 7/1/19 30 8/1/17 7 8/1/18 19 8/1/19 31 9/1/17 8 9/1/18 20 9/1/19 32 10/1/17 9 10/1/18 21 10/1/19 33 11/1/17 10 11/1/18 22 11/1/19 34 12/1/17 11 12/1/18 23 12/1/19 35

The formal continuing education shall be in professional and clinical skills in accordance 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 evidence-based practice; cross-disciplinary offerings from medicine, law, administration, education, behavioral and social sciences related to creative arts therapy practice, patient communications, recordkeeping, and matters relating to law and/or ethics which contribute to professional practice in creative arts therapy and the health, safety, and/or welfare of the public. NYATA LCAT Pratt Oct. 23, 2016 12

Formal courses of learning, including college courses Professional development sessions from acceptable creative arts therapy organizations Other technical programs acceptable to the Department Preparing & teaching a course or session Writing a first-time article or book chapter in social work or related field, acceptable to SED Self-study activities offered by an SEDapproved provider (limited to one-third of total CE hours) Participating in juried show or performance acceptable to SED. NYATA LCAT Pratt Oct. 23, 2016 13

Must complete acceptable CE starting 1/1/17 to register for practice as a LCAT Not required in first three-year registration period Not required if licensee is inactive and not practicing as a LCAT in New York Complete CE when returning from inactive status Requirement may be adjusted for good cause (illness, active military duty), acceptable to SED One-year conditional registration allows licensee to make up the deficiency from prior period PLUS the hours required during the conditional registration NYATA LCAT Pratt Oct. 23, 2016 14

Entity must apply to SED, pay $900 fee and meet the requirements in law and regulation Providers must be approved every 3 years Only courses or education activities taken after January 1, 2017 from a NYS-approved provider are acceptable. List of providers is online at www.op.nysed.gov/prof/mhp/catceprovide rlisting.htm NYATA LCAT Pratt Oct. 23, 2016 15

State or national association of LCATs National organization of jurisdictional boards Higher education institution in NY offering LCAT degree or AATA-accredited program Health or behavioral health facility authorized under New York law Individual or organization with expertise to provide CE to LCATs NYATA LCAT Pratt Oct. 23, 2016 16

SED-approved providers must issue a Certificate of Completion to licensees who complete continuing education activities Licensee must keep a record of completed, acceptable continuing education for six years from the date of the coursework/educational activity, including copies of professional articles, chapters and presentations. Attest to compliance when registering Do not send copies unless requested for audit. NYATA LCAT Pratt Oct. 23, 2016 17

Law & Regulations: www.op.nysed.gov/prof/mhp/mhpl aw.htm LCAT CE FAQs: www.op.nysed.gov/prof/mhp/catc efaq.htm Provider requirements: www.op.nysed.gov/prof/mhp/catc eproviderinfo.htm Approved providers: www.op.nysed.gov/prof/mhp/catc eproviderlisting.htm NYATA LCAT Pratt Oct. 23, 2016 18