1. Update on mental health counseling license & practice
David Hamilton, Ph.D., LMSW State Board for Mental Health Practitioners

2. Learning objectives Update on LMHC licensure requirements
New online application for licensure!
NYS Registered Programs
Out-of-state CACREP-accredited programs
NBCC examinations (licensure vs certification)
CACREP accreditation
Continuing education requirements
Acceptable subjects and education activities
Continuing education providers
Just review the topics for the outline; there is plenty detail to follow on each chart.
NYMHCA April 8, 2017

3. Licensure requirements
Complete license-qualifying or equivalent education acceptable to the Department
Submit application (Form 1) and $371 fee
Online application allows credit card payment
At least 21 years of age and good moral character, as determined by Department
Complete supervised post-degree experience under limited permit (Form 5 and $70)
Pass NCMHCE for licensure
Complete child abuse course or exemption
NYMHCA April 8, 2017

4. Growth of mental health professions
New 2012
New 2013
New 2014
New 2015
New 2016
Total New 12-16
Registered
1/1/17
Creative Arts Therapist 93
128
100
112
101
534
1,745
Marriage & Family Therapist 54 92 87
116
436
1,186
Mental Health Counselor
364
501
538
567
668
2,638
6,778
Psychoanalyst 18 19 17 27 28
109
826
LMSW/LCSW
3,884
3,898
4,245
3,965
3,959
19,951
56,954
New MHP (3717)/New SW (19,951) = 5.3 times Total MHP (10,535)/Total SW (56,954) = 5.4 times
NYMHCA April 8, 2017

5. Acceptable LMHC education
Registered program of 60 or more hours with content specified in law & regulation
Outside NY program must be CACREP clinical mental health program (2009 standards)
Other counseling degrees individually evaluated on coursework & internship
Remedy deficiency in Advanced Certificate program, including internship (15 to 21 hours)
NYMHCA April 8, 2017

6. Clinical Mental Health Internship
Minimum duration in law and regulation
Setting authorized to provide MHC services
Supervisor qualified by NY regulations (79-9) including New York license & registration
Supervisor employed by setting & responsible for patient assessment, evaluation & treatment
Education program responsible for internship
Out-of-state degree program must be CACREP clinical MHC accredited as of 9/1/2018
NYMHCA April 8, 2017

7. Acceptable settings in NYS
Acceptable settings defined in :
Proprietorship or professional corporation owned by licensees who provide services within the scope of mental health counseling
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
NYMHCA April 8, 2017

8. NBCC Examinations
Only National Clinical Mental Health Counseling Examination (NCMHCE) is acceptable for licensure in New York
Authorization based on application & fee for licensure & education acceptable to NYSED
Regulation prohibits examination before completion of education requirement
Examination normed on degree & post-master’s supervised experience in mental health counseling
National Counselor Examination (NCE) is not accepted in New York.
NYMHCA April 8, 2017

9. Non-NYS degree programs
Education Law & Commissioner’s Regulations allow SED to accept degree from accredited program, acceptable to the Department.
2009 CACREP mental health program is acceptable
Other applicants are individually evaluated for content & supervised internship; if approved by SED, eligible to take the NCMHCE for licensure
NYSED does not require accreditation of NYS programs to offer degree leading to license
NYMHCA April 8, 2017

10. Continuing Education
Licensee must complete 36 hours of SED approved CE to register after January 1, 2017
Pro-rated implementation
Not required for initial registration period
Providers approved by SED based on application & $900 fee for 3-year period
Providers for other professions must apply and meet requirement for each profession
NYMHCA April 8, 2017

11. Pro-rated CE hours Starting Date Hours 1/1/17 1/1/18 12 1/1/19 24
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
Every licensed professional who wishes to register as a LMSW or LCSW after January 1, 2015, must complete 36 hours of acceptable continuing education from a provider approved by the Education Department (State Board for Social Work).
This requirement is phased in, so that a licensee needs to complete 1 hour of acceptable CE for each month in his/her registration period, after January 1, 2015.
I should note that a LMSW or LCSW in his or her first registration period after licensure does not have to meet the continuing education requirement.
If you are currently licensed as an LMSW or LCSW, look at your registration certificate (or verify it online at to find the ending date of your current registration. For instance, my registration is valid through 2/28/17; therefore, my next registration period will START ON 3/1/2017.
In order to register for that 36-month period, which is my first registration after the effective date of the law, January 1, 2015, I must complete the number of hours shown in the table– 26 hours. When I submit my registration application and fee (75% of LMSWs and LCSWs are registering online), I will have to attest whether or not I have completed the required hours of CE. I do not have to submit certificates, just attest whether I have met the requirement.
(In a few minutes, I’ll talk about what happens if I HAVE NOT met the requirement.)
NYMHCA April 8, 2017

12. Acceptable subjects
The formal continuing education shall be in professional and clinical skills in accordance with the practice of mental health counseling as defined in section 8402 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 mental health counseling practice, patient communications, recordkeeping, and matters relating to law and/or ethics which contribute to professional practice in mental health counseling and the health, safety, and/or welfare of the public.
The law and regulations require a LMSW or LCSW to complete continuing education in the practice of social work, as defined in New York law. This slide is an abbreviated version of the language in section of the Commissioner’s Regulations.
As you can see, the subjects include areas that would be covered in a MSW program, as well as post-graduate programs that provide the LMSW or LCSW with additional knowledge, skills and abilities to practice the profession.
Subjects that are not acceptable would be those outside the scope of practice, such as:
Reiki massage (outside the scope of practice); or
Prescribing anti-depressants and other medications (beyond the boundary of practice);
Diet and nutritious eating (outside the scope).
While social worker may have clients who benefit from massage therapy or use prescription medications under the direction of a physician or nurse practitioner, or have body image and eating disorders. However, the topics I have named would not be part of social work practice, but the practice of other professions. Therefore, those would not be acceptable subjects for social work continuing education.
NYMHCA April 8, 2017

13. Law & regulations offer various ways to complete required CE hours
Formal courses of learning, including college courses, offered by NYSED-approved MHC provider
Professional development sessions from NYSED-approved MHC organizations
Other technical programs offered by MHC providers approved by NYSED
Preparing & teaching a course or session for 1st time for NYSED-approved MHC provider (1+2)
Writing a first-time article, book chapter or book in MHC or related field, acceptable to SED
Self-study activities offered by an SED-approved provider (limited to one-third of total CE hours)
When many of us think of “continuing education” we visualize a setting like this, with a presenter and an audience---who may or may not be awake and alert (in other settings!).
The law and regulations allow a licensee to complete:
graduate course work from a college or university or a psychotherapy institute;
Traditional sessions offered by an acceptable social work organization;
Other technical programs, acceptable to the Department.
The regulations also define other educational activities that a licensee may complete to meet the requirement. These include:
Preparing and presenting for the first-time a class in a college or university or a presentation at a conference or meeting. The licensee would get credit for the number of hours of the presentation, and up to 2 hours of preparation time for each hour of presentation.
Publishing a first-time article in a peer-reviewed journal, chapter, or a book on social work practice; and,
Completing self-study activities from a provider approved by the Department. Self-study activities are limited to no more than 12 hours in a 36-month registration, or one-third of the total hours for a period other than 36 months.
Any course for personal development, marking, business practices and maximizing profits shall not be considered as acceptable continuing education by NYSED.
NYMHCA April 8, 2017

14. Compliance with continuing education law
Must complete acceptable CE starting 1/1/17 to register for practice as a LMHC
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
The law and regulations provide from exceptions from the continuing education requirement. You do not need to complete CE
In the first registration period after you are licensed;
If you are inactive, not practicing the profession or using the restricted title.
When a licensee returns from inactive status, or from practice in another state, he or she must complete continuing education that would have been required.
The Department may adjust the requirement for a licensee who:
has a health condition that prevents him/her from completing CE;
Is on active duty with the U.S. military; or
Any other condition that, in the determination of the Department, justifies an adjustment.
A licensee who has not completed the CE requirement by the deadline, may apply for a conditional registration. This provides up to one year, during which the licensee has to complete the deficiency, as well as any CE that is required during that conditional period. The licensee will have to submit certificates of completion for review by the Board, before he/she can apply to register for the remainder of the 3-year period.
The addendum form is available on our website and must be submitted with the $224 registration fee. If the licensee completes the deficiency and applies for the two-year registration, that also requires a $224 fee.
NYMHCA April 8, 2017

15. Only courses taken from NYS-approved providers are acceptable
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
The law requires a licensee to complete continuing education activities from a provider approved by the Department. We will not accept CE that is approved by any organization other than NYSED.
In order to become an approved provider, the entity must submit an application and $900 fee to the State Board for Social Work. The application materials must demonstrate that the entity has the ability to offer continuing education, in acceptable subjects as defined in regulation and by instructors who are licensed and/or qualified to provide such continuing education.
Approved providers will indicate on the training materials that they are approved by the NYSED. Please note that approval by NASW, ASWB, or any other organization, does not substitute for NYSED-approval.
Education activities may only be completed after January 1, 2015, under the law. So you cannot complete CE now and count it forward.
The Board office is reviewing applications from entities that seek to provide continuing education. As we approve entities, we will list them on our website on a regular basis.
Entities will have to re-apply every three years and pay the $900 fee to continue providing continuing education to LMSWs and LCSWs in New York.
NYMHCA April 8, 2017

16. Provider review & approval (3/7/17)
State or national association of licensed professionals
National organization of jurisdictional boards
Higher education institution offering license qualifying degree or accredited program
Authorized health or behavioral health facility
Individual or organization with expertise to provide CE
Approve
Review
Pending
MHC 50 24 10
CAT 23 5 4
MFT 27 13 6
PSY 22 2 7
Total
122 44
NYMHCA April 8, 2017

17. Recordkeeping & reporting
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.
When you complete a continuing education course, in-person or online, from a NYSED- approved provider, the provider must give you a certificate of completion. The certificate must include your name and license number, as well as the title of the course or educational activity; the subject of the continuing education, the number of hours of continuing education completed, the provider’s name and any identifying number (if applicable).
Verification of other activities, such as first-time articles, chapters and books, will consist of a copy of the publication.
The licensee must keep copies of first-time presentations, courses, and technical programs, along with the date the presentation was first made and the hours of presentation time, as well as preparation time.
The licensee attests to having met or not having met, the continuing education requirement when applying to register his or her license. It is not necessary to submit copies of the certificates and other verification with the registration application.
Copies of completion certificates only need to be submitted when a licensee receives a conditional registration, to verify the hours completed during such registration, or when a licensee is chosen by random audit to submit verification of hours to which he/she attested on a registration application.
You must save records for 6 years!
NYMHCA April 8, 2017

18. Questions and Answers
Law & Regulations: LMHC CE FAQs: Provider requirements: Approved providers:
This has been a very quick overview of the continuing education requirement for the LMSW and the LCSW.
You can access more detailed information on the Office of the Professions website. The sites listed here will provide information about
The CE requirement for each LMSW and LCSW, including acceptable subjects;
Applications and instructions for entities seeking to become an approved provider; and
A listing of NYSED-approved providers as we approve them.
If you have any other questions, I would be happy to answer them at this time.
NYMHCA April 8, 2017