N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 79-9.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 79-9.4 - Limited permits for licensure and limited diagnostic permits

As authorized by section 8409 of the Education Law, the department may issue a limited permit for licensure or a limited diagnostic permit to practice mental health counseling in accordance with the requirements of this section, to allow an applicant to practice under supervision while meeting the experience and/or examination requirements for licensure or while meeting the experience for the diagnostic privilege pursuant to section 8401-a of the Education Law.

(a) Limited permits for licensure.

(1) An applicant for a limited permit to practice mental health counseling shall:

(i) file an application for a limited permit with the department and pay the application fee, as prescribed in section 8409 (3) of the Education Law;

(ii) meet all requirements for licensure as a mental health counselor, including but not limited to the moral character and education requirements, except the examination and/or experience requirements; and

(iii) be under the supervision of a supervisor acceptable to the department in accordance with the requirements of section 79-9.3 of this Subpart.

(2) In accordance with the requirements of section 79-9.3 of this Subpart, the limited permit in mental health counseling shall be issued for specific employment setting(s), acceptable to the department and the permit shall identify a qualified supervisor acceptable to the department.

(i) The supervisor shall be responsible for appropriate oversight of all services provided by a permit holder under his or her general supervision.

(ii) No supervisor shall supervise more than five permit holders at one time.

(3) The limited permit in mental health counseling shall be valid for a period of not more than 24 months, provided that the limited permit may be extended for no more than two additional 12-month periods at the discretion of the department if the department determines that the permit holder has made good faith efforts to successfully complete the examination and/or experience requirements but has not passed the licensing examination or completed the experience requirement, or has other good cause as determined by the department for not completing the examination and/or experience requirement, and provided further that the time authorized by such limited permit and subsequent extensions shall not exceed 48 months total.

(b) Limited diagnostic permits.

(1) An applicant for a limited diagnostic permit to practice mental health counseling under supervision while gaining experience for the diagnostic privilege pursuant to section 8401-a of the Education Law shall:

(i) file an application for a limited diagnostic permit with the department and pay the application fee, as prescribed in section 8409 (3) of the Education Law;

(ii) meet all the requirements for the mental health counselor diagnostic privilege prescribed in section 8401-a of the Education Law, including, but not limited to, licensure and registration in New York State as a mental health counselor except for the education and/or experience requirements required for the diagnostic privilege; and

(iii) be under the supervision of a supervisor acceptable to the department in accordance with the requirements of section 79.9 -6 of this Subpart.

(2) In accordance with the requirements of section 79-9.6 of this Subpart, the limited diagnostic permit in mental health counseling shall be issued for specific employment setting(s), acceptable to the department and shall identify a qualified supervisor acceptable to the department.

(i) The supervisor shall be responsible for appropriate oversight of all services provided by a limited diagnostic permit holder under his or her general supervision.

(ii) No supervisor shall supervise more than five limited permit holders of any type at one time.

(3) The limited diagnostic permit in mental health counseling shall be valid for a period of not more than 24 months, provided that the limited diagnostic permit may be extended for no more than two additional 12 month periods at the discretion of the department if the department determines that the limited diagnostic permit holder has made good faith efforts to successfully complete the education and/or experience requirements but has not completed such education and/or experience requirements, or has other good cause, as determined by the department, for not completing the education and/or experience requirements, and provided further that the time authorized by such limited diagnostic permit and subsequent extensions shall not extend 48 months in total.

N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 79-9.4

Amended, New York State Register March 26, 2014/Volume XXXVI, Issue 12, eff. 3/26/2014

Amended New York State Register November 30, 2022/Volume XLIV, Issue 48, eff. 11/30/2022