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David Hamilton, Ph.D., LMSW State Board for Mental Health Practitioners *
David Hamilton, Ph.D., LMSW
State Board for Mental Health Practitioners
*
2
*
*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
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*
*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
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*
Profession 2011 2012 2013 2014 2015
Creative Arts
Therapist 106 93 128 100 112
Marriage &
Family
Therapist
77 54 92 87 116
Mental Health
Counselor 332 364 501 538 567
Psychoanalyst 19 18 19 17 27
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*
*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
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*
*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
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*
*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
8
*
*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
9
*
*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
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*
*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
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Starting
Date
Hour
s
Starting
Date
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 NYATA LCAT Pratt Oct. 23, 2016
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*
*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
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*
*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 SED-approved provider (limited to one-third of total CE hours)
*Participating in juried show or performance acceptable to SED.
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*
*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
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*
*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/catceproviderlisting.htm
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*
*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
17
*
*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
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*
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
