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52.10, Part 72 Psychology Licensure, Exemption & Endorsement

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION
Pursuant to sections 202, 212, 6504, 6506, 6507, 6509, 7601, 7601-a, 7603, 7604, and 7605 of the Education Law
1. Section 52.10 of the Regulations of the Commissioner of Education is amended, to read as follows:
Psychology.
In addition to meeting all applicable provisions of this Part, to be registered as a program recognized as leading to licensure which meets the requirements in section 72.1 of this Title, it shall be a doctoral degree program which shall require at least three years of full-time study or the equivalent; including seminars, tutorials, or other graduate level coursework representing two years of full-time study or the equivalent. The program shall include coursework in [scientific and professional ethics and standards of practice, and issues of cultural and ethnic diversity; and at least three graduate semester hours or five graduate quarter hours in each of the following seven substantive content areas: biological basis of behavior; cognitive-affective basis of behavior; social basis of behavior; individual differences; psychometrics; history and systems of psychology; and research design, methodology, and statistics] research, ethical and legal standards, individual and cultural diversity, professional values, attitudes and behaviors, communication and interpersonal skills, assessment and diagnosis, intervention, supervision, consultation and interprofessional/interdisciplinary skills. In addition, the program shall include one year of supervised practicum, internship, field experience, or applied research, which is appropriate to the practice of psychology, as such practice is defined in section 7601-a of the Education Law.
2. Section 72.1 of the Regulations of the Commissioner of Education is amended, to read as follows:
Professional study of psychology.
(a) As used in this section, acceptable accrediting agency shall mean an organization accepted by the department as a reliable authority for the purpose of accrediting doctoral psychology programs, having accreditation standards that are substantially equivalent to the requirements for programs leading to licensure in psychology pursuant to section 52.10 of this Title, and applying its criteria for granting accreditation of programs in a fair, consistent and nondiscriminatory manner.
(b) To meet the professional education requirement for [admission to the licensing examination] licensure as a psychologist, the applicant shall present satisfactory evidence of[a doctoral degree in psychology awarded upon completion of a doctoral program in psychology registered by the department and designated as licensure qualifying, or determined by the department to be the substantial equivalent in design, scope, content and resources to a New York State-registered program that is licensure qualifying as defined in subdivision (b) of this section.]:
(1) being awarded a doctoral degree in psychology, from a program registered as leading to licensure in psychology pursuant to section 52.10 of this Title, or a doctoral degree in psychology from a program that is accredited by an acceptable accrediting agency, or a doctoral program in psychology that is determined by the department to be substantially equivalent to such a New York State-registered or accredited program that awards the doctoral degree in psychology; or

[(b) To be determined the equivalent of a New York State-registered and licensure qualifying doctoral program in psychology, a program shall be:
(1)offered by an institution accredited by an accrediting organization acceptable to the department or] (2) be awarded the doctoral degree in psychology from a program located outside the United States and its territories that is recognized by the appropriate civil authorities of the jurisdiction in which the [school] program is located as [an acceptable doctoral] a program that prepares an applicant for professional practice in psychology[;], has been verified in accordance with subdivision (c) of section 59.2 of this Title, and which is determined by the department to be substantially equivalent to a doctoral program registered pursuant to section 52.10 of this Title that awards the doctoral degree.
[(2) designed and conducted by the degree-granting institution to prepare graduates to practice professional psychology independently; and
(3) demonstrated to be substantially equivalent to the requirements for the registration of a licensure qualifying doctoral program in psychology pursuant to Part 52 of this Title. Such program shall consist of at least three years of full-time study, or the part-time equivalent thereof, including at least 30 semester hours of coursework obtained at the doctoral degree-granting institution.]
3. Section 72.2 of the Regulations of the Commissioner of Education is amended, to read as follows:
Experience.
(a) For licensure, an applicant shall present evidence satisfactory to the State Board for Psychology of two years of full-time supervised experience, or the part-time equivalent thereof, such experience to consist of 3,500 clock hours, in accordance with the requirements of this section. [Of such two-years of experience,] No more than one year of full-time supervised experience or its equivalent, consisting of 1,750 clock hours [,shall be required for admission to the licensure examination. Applicants completing the doctoral degree requirements on or after October 1, 1992, shall present evidence that at least one of such two years of required experience was gained after the date that the institution which granted the doctoral degree in psychology has determined is the date that the applicant completed all requirements for that degree.] completed as part of the internship required as part of the doctoral degree, may be submitted to meet the experience requirement. The remaining experience must be completed after receipt of the qualifying doctoral degree.
(b) . . .
(1) . . .
(2) . . .
(i) . . .
(ii) . . .
(c) Setting. For a setting to be acceptable, it shall meet the following requirements:
(1) . . .
(i) . . .
(ii) . . .
(iii) . . .
(iv) . . .
(v) . . .
(vi) . . .
(vii) . . .
(2) The setting shall provide supervision by a qualified psychologist who is responsible for the design, coordination, integrity, and quality of the applicant’s experience. The supervisor shall be the owner of, be employed by, or be a consultant to the entity in which the experience occurs[, provided that on or after January 1, 1988, a qualified consultant providing supervision shall be retained by such entity].
(3) . . .
(4) . . .
(d) Duration.
(1) Acceptable experience shall consist of a continuous experience [within periods of at least six months], except that experience in academic settings shall consist of a continuous experience within a period of not less than one semester and, in the case of teaching experience, shall consist of not less than six credit hours per semester. [The six-month periods of experience or the semesters of experience shall not be required to be immediately successive one after the other.]
(2) Full-time experience shall consist of at least 35 hours per week, and [for experience gained on or after January 1, 1998,] not more than 45 hours per week.
(3) . . .
(e) Supervision.
(1) Supervision shall be provided by a psychologist licensed in the jurisdiction where the supervised experience occurs. The supervisor shall be the owner of, be employed by, or be a consultant to the entity in which the experience occurs[, provided that on or after January 1, 1988, a qualified consultant providing supervision shall be retained by such entity]. In all settings in New York State, including an exempt setting, as defined in section 7605(1) of the Education Law, the supervisor shall be licensed and registered to practice psychology under Article 153 of the Education Law or have qualifications satisfactory to the department, based on a review of factors which include but are not limited to: educational attainment of the supervisor and position held by the supervisor.
(2) [For experience gained prior to January 1, 1998, the following requirements shall apply:
(i) Supervision shall occur weekly in direct human service settings and shall include at least one hour per week of face-to-face individual supervision pertaining to services rendered and, for experience gained after January 1, 1988, one additional hour per week in other learning activities including face-to-face supervision, seminars, group supervision or apprenticeship activities. Supervision of part-time experience shall in no instance consist of less than one hour per week of face-to-face supervision.
(ii) Supervision in other than direct human service settings, including academic, industrial and research settings, shall comprise at least two hours biweekly in such learning activities as face-to-face individual supervision, seminars, group supervision or apprenticeship activities. Supervision of part-time experience shall in no instance consist of less than one hour biweekly.
(3)] For experience [gained on or after January 1, 1998,] to be acceptable, the following requirements shall apply:
(i) For every full-time experience, supervision shall occur weekly and shall include one hour per week of face-to-face individual supervision pertaining to services rendered and one additional hour of supervision which shall be either face-to-face supervision, group supervision, seminars or workshops, or apprenticeship activities.
(ii) For every part-time experience, applicants shall have two hours of supervision within every two week period, one hour of which shall be face-to-face supervision; and one hour of which shall either be face-to-face supervision, group supervision, seminars or workshops, or apprenticeship activities.
(iii) Face-to-face supervision as used in subparagraphs (i) and (ii) of this subparagraph may utilize technology acceptable to the department, including secure video-conferencing to protect confidentiality.
4. Section 72.3 of the Regulations of the Commissioner of Education is amended, to read as follows:
Licensing examination.
(a) [Content. The licensing examination shall consist of an examination designed to test knowledge related to all areas of psychology.] Each candidate for licensure as a psychologist shall pass an examination:
[(b)The department may accept scores satisfactory to the State Board for Psychology on the examination(s) of] (1) That is offered by the Association of State and Provincial Psychology Boards, its successors, or [examination] another organization determined by the department to [be comparable in content, as meeting the requirement for passing] have satisfactory administrative and psychometric procedures in place to offer the licensing examination[.]; and
(2) That the department determines adequately tests the candidate’s knowledge concerning the practice of psychology, as defined in section 7601-a of the Education Law.
[(c) Passing score. The applicant shall pass the examination with a converted score of at least 75.0 as determined by the State Board for Psychology.]
(b) Requirements for admission to the examination for licensure as a psychologist. To be admitted to the licensing examination, the candidate shall be required to:
(1) File an application for licensure with the department;
(2) Pay the fee for the initial license and the $179 fee for the first registration period,
as prescribed in the Education Law; and
(3) present satisfactory evidence of having met the education requirement for licensure as a psychologist, as prescribed in section 72.1 of this Part, including being awarded the doctoral degree in psychology.
5. Section 72.4 of the Regulations of the Commissioner of Education is amended, to read as follows:
Limited permits.
(a) The department may issue a limited permit to practice psychology at an authorized site in New York State to an applicant who has met all requirements for licensure as a psychologist, including the moral character and education requirements, except the examination and/or experience requirements, and who meets the requirements of subdivisions (b) or (c) of this section.
(b) Upon recommendation of the State Board for Psychology, the department may issue a limited permit to practice psychology to an applicant who meets the requirements of this subdivision.
(1) The applicant shall:
(i) file an application for a limited permit with the department [an application on a form provided by the department together with the statutory] and pay the prescribed fee for the limited permit;
(ii) . . .
(iii) . . .
(iv) . . .
(2) . . .
(c) Upon recommendation of the State Board for Psychology, the department may issue a limited permit to practice psychology to an applicant who meets the requirements of this subdivision.
(1) The applicant shall:
(i) file with the department an application [on a form provided by the department together with the statutory] and pay the prescribed fee for the limited permit;
(ii) . . .
(iii) [have completed all] present satisfactory evidence of having met the education requirement for licensure as a psychologist, including the doctoral dissertation, as prescribed in section 72.1 of this Part, being awarded the doctoral degree in psychology for a program that meets the professional study requirements for licensure in psychology in accordance with section 72.1 of this Part[, except that the applicant shall not be required to have actually received the degree];
(iv) [submit adequate documentation that the applicant has arranged for a supervised experience, approved pursuant to] be under the supervision of a psychologist licensed and registered to practice in New York under Article 153, pursuant to section 72.2 of this Part [, and needs the limited permit to participate in the experience. Such documentation shall identify the individual who has responsibility for supervising the applicant's experience while under the limited permit, and include a signed statement by the supervisor certifying that he or she will provide supervision of the applicant's experience].
(2) The limited permit issued pursuant to this subdivision shall be valid for [an] a period of not more than 12 months, provided that the limited permit may be extended for no more than two additional 12 month periods at the discretion of the department upon submission of a permit application and prescribed fee for each permit provided that the time authorized by such permits shall not exceed an aggregate of [not] more than three years. Such limited permit may be [renewed] extended by the department for one additional one-year period,[provided that the applicant documents that he or she has arranged for a supervised experience, approved pursuant to section 72.2 of this Part, needs the limited permit to participate in the experience, and has good cause that prevented the applicant from meeting the experience requirement for licensure while under the original limited permit, including but not limited to, any of the following reasons: a specific physical or mental disability certified by an appropriate health care professional; or extended active duty with the Armed Forces of the United States; or other good cause which in the judgment of the department made it impossible for the applicant to complete the experience requirement for licensure while under the original limited permit] 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 extension shall not exceed 48 months total.
6. Section 72.5 of the Regulations of the Commissioner of Education is amended to read as follows:
Exempt practice.
A psychologist eligible for exempt practice in accordance with section 7605([4]8) of the Education Law, shall notify the department of the time and place of such exempt practice. Acceptable notification of the department shall be submitting the form prescribed by the department and payment of a $10 fee. The form shall identify the setting at which the psychologist will practice in New York State, which may include the use of distance technology acceptable to the department, and an affirmation that the psychologist shall comply with the laws, rules and regulations that define the practice of psychology in this State. Practice under this one-time exemption shall not exceed 10 consecutive business days or a total of 15 business days in a 90-day period.
7. The Regulations of the Commissioner of Education is amended by adding a new section 72.8, to read as follows:
Section 72.8 License by endorsement of certain psychologists
An applicant seeking endorsement of a license in psychology issued by another state, country or territory shall present evidence of:
(a) age, the applicant shall be at least 21 years of age at the time of application;
(b) licensure by another jurisdiction with standards equivalent to New York State as
determined by the department;
(c) completion and award of a doctoral degree in psychology, that at the time of completion qualified the applicant for licensure as a psychologist in the other jurisdiction;
(d) completion of supervised experience in psychology that qualified the applicant for initial licensure in the other jurisdiction;
(e) passage of an examination acceptable to the department for the practice of psychology;
(f) at least five years of experience in psychology satisfactory to the State Board for Psychology, within the 10 years immediately preceding the application for licensure by endorsement in New York State;
(g) completion of coursework in the identification and reporting of suspected child abuse and neglect or the exemption from such coursework, as specified in 6507(3) of the Education Law;
(h) good moral character as determined by the department; and
(i) acceptable licensure and discipline status in each jurisdiction in which the applicant holds a professional license.