Credentialing -- Creative Arts Therapy

[Guest guest]

Attached is a document that seeks to interpret the New York State statute as it relates to the licensing of creative arts therapy --specifically addressing issues relating to who may practice creative arts therapy.

I hope this aids further discussions.

Best,

--

G.

Senior Associate

Carr Public Affairs

388 Broadway

Albany, New York 12207

(ph)

(fx)

evans@...

Credentialing: Who may practice Creative Arts Therapy

Members of the Creative Arts Therapy listserve engaged in a discussion regarding licensure of Creative Arts Therapists. Two major questions have emerged:

1. Who may practice creative arts therapy?

> * Are other licensed medical professionals allowed to practice CAT without a

> license?

1. What titles may be used by practitioners?

> * Who may use certain titles?

The following provides a technical interpretation of the statute governing licensure of the profession and provides references for such interpretation.

The statute governing licensure of mental health practitioners (New York State Education Law, Article 163) is a scope of practice law, not merely title protection. By defining the scope of practice of a Creative Arts Therapist (Section 8404), New York is stating that only those who qualify –through a licensure process that evaluates education and experience – may engage in the scope of practice defined in law regardless of the title used by such individual.

In practical terms, this means that an individual using art in the assessment, evaluation and treatment of a mental or emotional disorder, is practicing Creative Arts Therapy even if such person calls themselves an “Art Expressionist”. Furthermore, if such person is not licensed – that person is practicing illegally.

The statute does permit some professions (outlined in Section 8410) to engage in the scope of practice of creative arts therapy without gaining the specific license. Such professions are: physician, physician's assistant, registered professional nurse, nurse practitioner, psychologist, licensed master social worker, or licensed clinical social worker. However, unless licensed as a creative arts therapist, none referenced above may use the title “licensed creative arts therapist”.

On the other hand, an individual licensed as a creative arts therapist is not required to use that title. However, only a person licensed as a creative arts therapist may use the term “licensed creative arts therapist” or “any other designation tending to imply that the person is licensed to practice creative arts therapy” (Section 8404).

I hope this interpretation aids in the fruitful discussions regarding the profession. It is important for the profession to protect its scope of practice. Educating the public is key in ensuring that patients are receiving care from qualified practitioners- licensure and the consistent use of the title will aid in this goal. As the mental health practitioner professions “age” within the licensure system –more and more issues regarding title protection and reimbursement will emerge. Discussions like those on the list-serve will enable the profession to more effectively influence the legislative and regulatory process.

References

Article 163 of the Education Law

Section 8401

" Psychotherapy " means the treatment of mental, nervous, emotional, behavioral and addictive disorders, and ailments by the use of both verbal and behavioral methods of intervention in interpersonal relationships with the intent of assisting the persons to modify attitudes, thinking, affect, and behavior which are intellectually, socially and emotionally maladaptive.

Section 8404

Definition of the practice of creative arts therapy. The practice of the profession of creative arts therapy is defined as:

1. the assessment, evaluation, and the therapeutic intervention and treatment, which may be either primary, parallel or adjunctive, of mental, emotional, developmental and behavioral disorders through the use of the arts as approved by the department; and

2. the use of assessment instruments and mental health counseling and psychotherapy to identify, evaluate and treat dysfunctions and disorders for purposes of providing appropriate creative arts therapy services.

Practice of creative arts therapy and use of the titles " creative arts therapist " and " licensed creative arts therapist " . Only a person licensed or exempt under this article shall practice creative arts therapy or use the title " creative arts therapist " . Only a person licensed under this article shall use the title " licensed creative arts therapist " or any other designation tending to imply that the person is licensed to practice creative arts therapy.

Section 8410. Exemptions.

Nothing contained in this article shall be construed to:

1. Apply to the practice, conduct, activities, services or use of any title by any person licensed or otherwise authorized to practice medicine within the state pursuant to article one hundred thirty-one of this title or by any person registered to perform services as a physician assistant within the state pursuant to article one hundred thirty-one-B of this title or by any person licensed or otherwise authorized to practice psychology within this state pursuant to article one hundred fifty-three of this title or by any person licensed or otherwise authorized to practice social work within this state pursuant to article one hundred fifty-four of this title, or by any person licensed or otherwise authorized to practice nursing as a registered professional nurse or nurse practitioner within this state pursuant to article one hundred thirty-nine of this title; provided, however, that no physician, physician's assistant, registered professional nurse, nurse practitioner, psychologist, licensed master social worker, or licensed clinical social worker may use the titles " licensed mental health counselor " , " licensed marriage and family therapist " , " licensed creative arts therapist " , or " licensed psychoanalyst " , unless licensed under this article.

2. Prohibit or limit any individual who is credentialed under any law, including attorneys, rape crisis counselors, certified alcoholism counselors and certified substance abuse counselors from providing mental health services within their respective established authorities.

3. Prohibit or limit the practice of a profession licensed pursuant to this article by a student, intern or resident in, and as part of, a supervised educational program in an institution approved by the department.

4. Prohibit or limit the provision of pastoral counseling services by any member of the clergy or Christian Science practitioner, within the context of his or her ministerial charge or obligation.

5. Prohibit or limit individuals, churches, schools, teachers, organizations, or not-for-profit businesses, from providing instruction, advice, support, encouragement, or information to individuals, families, and relational groups.

6. Prohibit or limit an occupational therapist from performing work consistent with

article one hundred fifty-six of this title.

[Guest guest]

Hello everyone,

I would like to thank for posting the document interpreting the CAT

statute on this list. It is very informative, and extremely helpful. I believe

the more we can approach those ( especially, unlicensed professionals) who are

interested in the arts in therapy with a generosity of spirit, and at the same

time, clear reasons why it's best that they refer clients to us for the deeper,

professional CAT, we will grow professionally. It sure beats a defensive,

exclusionary take on who's licensed and who isn't. I've had the experience

where psychologists, or teachers refer clients ,to me and we work adjunctively

with one another. For one bi-polar adult client, and two music students * even

though I'm a dance therapist, and therefore dont' " do " musci therapy with them *

this has been a wonderful arrangement.

Now,let's just hope those licenses come through soon!

Thanks again to you, . I know that info. is always available for us to

read, but your posting is so concise and clear, that I actually did!

Deborah J. Welsh, Ed.D, ADTR, NCC

Syracuse, NY

>>> heatherevans@... 09/20/05 2:57 PM >>>

Attached is a document that seeks to interpret the New York State statute as

it relates to the licensing of creative arts therapy --specifically

addressing issues relating to who may practice creative arts therapy.

I hope this aids further discussions.

Best,

--

G.

Senior Associate

Carr Public Affairs

388 Broadway

Albany, New York 12207

(ph)

(fx)

evans@...

Credentialing: Who may practice Creative Arts Therapy

Members of the Creative Arts Therapy listserve engaged in a discussion

regarding licensure of Creative Arts Therapists. Two major questions have

emerged:

1. Who may practice creative arts therapy?

> * Are other licensed medical professionals allowed to practice CAT without a

> license?

1. What titles may be used by practitioners?

> * Who may use certain titles?

The following provides a technical interpretation of the statute governing

licensure of the profession and provides references for such interpretation.

The statute governing licensure of mental health practitioners (New York

State Education Law, Article 163) is a scope of practice law, not merely

title protection. By defining the scope of practice of a Creative Arts

Therapist (Section 8404), New York is stating that only those who qualify

-through a licensure process that evaluates education and experience - may

engage in the scope of practice defined in law regardless of the title used

by such individual.

In practical terms, this means that an individual using art in the

assessment, evaluation and treatment of a mental or emotional disorder, is

practicing Creative Arts Therapy even if such person calls themselves an

³Art Expressionist². Furthermore, if such person is not licensed - that

person is practicing illegally.

The statute does permit some professions (outlined in Section 8410) to

engage in the scope of practice of creative arts therapy without gaining the

specific license. Such professions are: physician, physician's assistant,

registered professional nurse, nurse practitioner, psychologist, licensed

master social worker, or licensed clinical social worker. However, unless

licensed as a creative arts therapist, none referenced above may use the

title ³licensed creative arts therapist².

On the other hand, an individual licensed as a creative arts therapist is

not required to use that title. However, only a person licensed as a

creative arts therapist may use the term ³licensed creative arts therapist²

or ³any other designation tending to imply that the person is licensed to

practice creative arts therapy² (Section 8404).

I hope this interpretation aids in the fruitful discussions regarding the

profession. It is important for the profession to protect its scope of

practice. Educating the public is key in ensuring that patients are

receiving care from qualified practitioners- licensure and the consistent

use of the title will aid in this goal. As the mental health practitioner

professions ³age² within the licensure system -more and more issues

regarding title protection and reimbursement will emerge. Discussions like

those on the list-serve will enable the profession to more effectively

influence the legislative and regulatory process.

References

Article 163 of the Education Law

Section 8401

" Psychotherapy " means the treatment of mental, nervous, emotional,

behavioral and addictive disorders, and ailments by the use of both verbal

and behavioral methods of intervention in interpersonal relationships with

the intent of assisting the persons to modify attitudes, thinking, affect,

and behavior which are intellectually, socially and emotionally maladaptive.

Section 8404

Definition of the practice of creative arts therapy. The practice of the

profession of creative arts therapy is defined as:

1. the assessment, evaluation, and the therapeutic intervention and

treatment, which may be either primary, parallel or adjunctive, of mental,

emotional, developmental and behavioral disorders through the use of the

arts as approved by the department; and

2. the use of assessment instruments and mental health counseling and

psychotherapy to identify, evaluate and treat dysfunctions and disorders for

purposes of providing appropriate creative arts therapy services.

Practice of creative arts therapy and use of the titles " creative arts

therapist " and " licensed creative arts therapist " . Only a person licensed or

exempt under this article shall practice creative arts therapy or use the

title " creative arts therapist " . Only a person licensed under this article

shall use the title " licensed creative arts therapist " or any other

designation tending to imply that the person is licensed to practice

creative arts therapy.

Section 8410. Exemptions.

Nothing contained in this article shall be construed to:

1. Apply to the practice, conduct, activities, services or use of any

title by any person licensed or otherwise authorized to practice medicine

within the state pursuant to article one hundred thirty-one of this title or

by any person registered to perform services as a physician assistant within

the state pursuant to article one hundred thirty-one-B of this title or by

any person licensed or otherwise authorized to practice psychology within

this state pursuant to article one hundred fifty-three of this title or by

any person licensed or otherwise authorized to practice social work within

this state pursuant to article one hundred fifty-four of this title, or by

any person licensed or otherwise authorized to practice nursing as a

registered professional nurse or nurse practitioner within this state

pursuant to article one hundred thirty-nine of this title; provided,

however, that no physician, physician's assistant, registered professional

nurse, nurse practitioner, psychologist, licensed master social worker, or

licensed clinical social worker may use the titles " licensed mental health

counselor " , " licensed marriage and family therapist " , " licensed creative

arts therapist " , or " licensed psychoanalyst " , unless licensed under this

article.

2. Prohibit or limit any individual who is credentialed under any law,

including attorneys, rape crisis counselors, certified alcoholism counselors

and certified substance abuse counselors from providing mental health

services within their respective established authorities.

3. Prohibit or limit the practice of a profession licensed pursuant to

this article by a student, intern or resident in, and as part of, a

supervised educational program in an institution approved by the department.

4. Prohibit or limit the provision of pastoral counseling services by any

member of the clergy or Christian Science practitioner, within the context

of his or her ministerial charge or obligation.

5. Prohibit or limit individuals, churches, schools, teachers,

organizations, or not-for-profit businesses, from providing instruction,

advice, support, encouragement, or information to individuals, families, and

relational groups.

6. Prohibit or limit an occupational therapist from performing work

consistent with

article one hundred fifty-six of this title.