Proposed amendment to licensure bill diminishes CATS

[Guest guest]

Hi le,

No, I don't think that the current wording for qualifications for supervisors will lead to bachelor-level licensing. All of this language is the original language, and there are no recommendations for changes at this time:

Qualifications for supervisors of the required experience. The supervisor of the experience shall meet each of the following requirements:

The supervisor shall have completed a baccalaureate or higher degree program in creative arts, in the subject of the field in which the supervisor is licensed as prescribed in subparagraph (iii) of this paragraph, or another field related to the field of counseling as determined by the department.

The supervisor shall have engaged in the practice of creative arts therapy for three years or the part-time equivalent. For purposes of this subparagraph, practice on a full-time basis shall mean 800 clock hours in the practice of creative arts therapy, earned over a 52-week period;

The supervisor shall be licensed and registered in New York State to practice creative arts therapy, medicine, as a physician assistant, psychology, licensed clinical social work, or as a registered professional nurse or nurse practitioner, pursuant to Articles 163, 131, 131-b, 139, 153, or 154 of the Education Law, respectively; or be an individual with equivalent qualifications as determined by the department; or for applicants who apply for licensure in creative arts therapy on or before December 31, 2007, be an individual with certification or registration by an acceptable national certifying or registering body for creative arts therapists. To be acceptable to the department, the national certifying or registering body must be recognized nationwide as an organization that certifies or registers creative arts therapists throughout the United States based upon a review of their qualifications to practice creative arts therapy and must have adequate standards for the review of the applicant's qualifications for practicing creative arts therapy, as determined by the department. Such standards must include standards for the review of the applicant's education and experience for practicing creative arts therapy and may include an examination requirement.

As you are aware, entry to the field of practice in music therapy has always been possible with a bachelors degree. As of 2/17/10, there were 70 MT degree programs in the US and 1 in Canada. Of these, almost all 71 offer a baccalaureate degree; 34 offer a Master's. In NYS, 5 schools offer study in music therapy. Prior to the implementation of the MHP law, only 1 of them offered a Master's (NYU - which does not and has never offered a Bachelors). Today, there are 3 additional Master's programs in NYS (Molloy College, Nazareth College, and SUNY at New Paltz). SUNY at Fredonia is in-process. So the schools in NYS have responded to the law by vastly broadening and deepening the course of study they provide.

However, as we are all acutely aware, there has been a huge issue with having an adequate number, diversity, and availability of qualified supervisors for limited permit holders. That is one issue that some of the proposed amendments, as well as the current legislation, seeks to resolve.

I agree with you that there are many issues that still remain, a big one being the lack of requirements for continuing education as part of maintaining the license registration, as you have mentioned. Of the 48 licensed professions in NYS, only 15 have a continuing education requirement, and I believe that none of them had that when they first became a licensed profession. I'm hopeful that, in time, the regulations and law will continue to evolve to better reflect current practice, and I'm devoted to working on that through my involvement with my professional association as well as in my role as Chair of NYSTF and the relationships we have nurtured in Albany.

In the spirit of service,

Donna W. Polen, LCAT, MT-BC

Chair, New York State Task Force on Occupational Regulation

Mid-Atlantic Region/American Music Therapy Association

Thank you Donna. So you don't think that having BA level supervisors will lead to the LCAT becoming a BA level license will be the next step? If so, great. I still wonder about the fairness of having two music therapists on a board of three. That, I realize is a State issue, not yours or mine.

le

__________________________________________________

le Fraenkel, Ph.D., BC-DMT, NCC, LCAT, LMHC, CGP

Director,

Kinections

at Imagine Square

718 University Avenue

Rochester, NY 14607

USA

Tel:

FAX:

www.kinections.com

On Apr 18, 2010, at 2:20 PM, Dpolenmtbcaol wrote:

Good afternoon,

The message forwarded from le was originally sent out by the New York State Task Force on Occupational Regulation (NYSTF) of the Mid-Atlantic Region of the American Music Therapy Association. I am the Chair of NYSTF, and in addition to always striving to have a member of NYSTF in attendance at MHP Board meetings, we are fortunate to have the support of our regional chapter, our national association, and the Certification Board for Music Therapists (CBMT), which is where the message le shared came from.

I would like to clarify that the section of the regulations related to the Experience Requirements currently reads (in part):

§ 79-11.3 Experience requirements.

c.

2. Supervision of the experience. The experience shall be supervised in accordance with the requirements of this subdivision.

2. Qualifications for supervisors of the required experience. The supervisor of the experience shall meet each of the following requirements:

The supervisor shall have completed a baccalaureate or higher degree program in creative arts, in the subject of the field in which the supervisor is licensed as prescribed in subparagraph (iii) of this paragraph, or another field related to the field of counseling as determined by the department.

This is not a change from the current regulations, nor are there any recommended changes at this time to the qualifications for supervisors.

There are recommended changes, additions, and/or clarifications related to how the 1500 hours of supervised experience should be delineated; to the settings for experience; to the content of supervision: to corporate law; to creating a process of endorsing licenses obtained in other jurisdictions; and other aspects as well. There is some language that somewhat addresses le's question regarding off-site supervision, although it does not get quite that specific and there still needs to be a relationship between the setting and the supervisor (the underlining is from the OP website, to indicate the new language) : (2) the setting in which the experience is gained shall be responsible for the services provided by individuals gaining experience for licensure[; and]. The setting shall also be responsible for providing adequate supervision to such individuals and for assigning a qualified supervisor, as defined in this section, to individuals gaining experience for licensure.

As indicated in the message from my task force, the proposed changes to the amendments, along with the changes in the current legislation, are viewed as being highly positive. Perhaps equally as important is the fact that these proposed changes have come directly from NYSED, the OP, and the Board of Regents, in collaboration with the MHP State Board. These actions are very much in response to the issues that many LCAT applicants have experienced over the last several years, in an effort to mediate some of the unintended consequences of the law.

If anyone would like to be added to the mailing list for NYSTF, please contact us directly at: nystf@...

In the spirit of service,

Donna W. Polen, LCAT, MT-BC

Chair, New York State Task Force on Occupational Regulation

Mid-Atlantic Region/American Music Therapy Association

In a message dated 4/18/2010 12:17:10 P.M. Central Daylight Time, daniellefraenkelkinections writes:

I received the message that follows from a colleague in music therapy. Please read carefully and go to the link below to read the details. We need to talk among ourselves to see how this affects us as dance/movement therapists. One thing I find disturbing is lowering the standards to a minimum of a BA. Clearly that comes from the music therapists. As fond as I am of many music therapists, I see this decision as diminishing our skills and removing us from a level playing field with other clinicians. It is bad enough that nurses (most of whom I am fond of) can supervise us. The decision to lower the standards reinforces decisions like the ones I heard the NYC Board of Health made when they did not include CATS in a call for clinicians to work with people still struggling with the effects of 9/11.

Also is there anyone who knows if the amendments speak to the question of off-site supervision?

http://www.op.nysed.gov/prof/mhp/mhp-2010proposed.htm Scroll down to CAT section or read them all. The deadline for responses is only a month away.

Question: Why have we not been hearing about this? Why does it take a message from a music therapist for me to learn about this? Is it because I do not live in NYC, because there are two music therapists on the regulatory board, because NYSADTA has not been paying attention or all of the above?

NY State LCAT CALL TO ACTION

Share

Yesterday at 11:18pm

NY State LCAT CALL TO ACTION Dear Members and Advocates, The NYSTF continues to monitor the activities in NYS related to the implementation of the Mental Health Practitioners (MHP) law. This message is in follow-up to our correspondence of 3/25/2010. As we indicated in that message, there are two crucial calls to action at this time. The recent activity in Albany in the form of proposed amendments as well as legislative action on the law is very positive, providing clarification on some areas of concern while allowing more flexibility with the licensure process. As we previously indicated, the amendments address changes in regulation (requiring approval by the Board of Regents) while the bill addresses changes in law and, as such, requires legislative action. Listed below is sample language to use for both the public comment period for the amendments on the State Register as well as when contacting your legislators to ask them to vote in favor of the bill. As we indicated in our earlier message, it is important to have the voices of practitioners heard along with employers, consumers, and other advocates. Please encourage people to submit their comments, personalizing them to their own position or situation. Please send copies of your correspondence to us ( nystf@...) as well as to Judy Simpson, AMTA Director of Government Relations ( simpsonmusictherapy (DOT) org) so we can track our activity in this effort. We hope this information is helpful. We remain vigilant in monitoring activity in Albany and maintaining contact with associates there, and encourage you to continue to contact us with your questions and concerns. In the spirit of service, The New York State Task Force on Occupational Regulation ****************************** SAMPLE MESSAGE FOR 45-DAY PUBLIC COMMENT PERIOD ON PROPOSED AMENDMENTS TO THE REGULATIONS. REVIEW THE COMPLETE PROPOSED AMENDMENTS AT: http://www.op.nysed.gov/prof/mhp/mhp-2010proposed.htm Please personalize as indicated by the bold italicized sections. PLEASE NOTE: THE PUBLIC COMMENT PERIOD BEGINS TODAY, 3/31/2010, AND CONCLUDES ON MAY 15, 2010. ****************************** Dear Deputy Commissioner Munoz, and Dr. Hamilton, Executive Secretary, State Board for Mental Health Practitioners; I am writing today in strong support of the proposed amendments to Subparts 79-9, 79-10, 79-11, and 79-12 of the Regulations of the Commissioner of Education as they relate to the licensure of mental health counselors, marriage and family therapists, creative arts therapists, and psychoanalysts. In particular, as a [music therapist LCAT] OR [music therapist and future candidate for the LCAT], these amendments related to supervised experience, limited permits, and acceptable settings will efficiently address many of the unintended consequences of the Mental Health Practitioners law and result in increased access to crucial services for consumers. Further, the proposal to eliminate the three-year experience requirement for supervisors, in conjunction with developing a process for endorsing out-of-state licenses, will not only provide expanded access to services by consumers, but will also help solve the current problem of having a lack of qualified supervisors available to limited permit holders. I fully support the approval of these amendments as written, and thank the Office of the Professions and Board of Regents. Sincerely, NAME ADDRESS *********************************** Please send your comments in support of the proposed amendments to: Deputy Commissioner Munoz at: opdepcommail (DOT) nysed.gov AND to Dr. Hamilton, Executive Secretary for the Mental Health Practitioners Board, at: MHPBD@....gov If you prefer to send hard copies, please send them to: Muñoz, Deputy Commissioner for the Professions, New York State Education Department, 89 Washington Avenue, 2M, Albany, NY 12234 AND Dr. Hamilton, NYS Board for Mental Health Practitioners, NYS Education Department, 2nd Floor - East Wing, 89 Washington Avenue, Albany, NY 12234-1000 ****************************** ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ SAMPLE MESSAGE FOR SUPPORT OF THE PROPOSED LEGISLATION IN ASSEMBLY (A8897) AND SENATE (S5921): Please personalize as indicated by the bold italicized sections. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ As a Licensed Creative Arts Therapist (OR) As a future applicant for the Creative Arts Therapist license, I urge you to vote in favor of Assembly Bill A8897 (OR) Senate Bill 5921. The resulting changes, which would address several unintended consequences of the existing law, would ensure continued access to mental health services for consumers. Positive outcomes from the Bill would include: * Improved employment opportunities for mental health professionals within not-for-profit entities; * Allowance for work experience gained in not-for-profit entities to be recognized by the state; * Establishment of a workgroup comprised of interested parties to recommend amendments to law and regulations Thank you for considering my views on this important legislation. I would be happy to talk with you further about my work as a Creative Arts Therapist in (INSERT TOWN and/or FACILITY). Sincerely, NAME ADDRESS ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ To find your Senate and Assembly Representatives and their respective emails or mailing addresses, please use the following links. ASSEMBLY: http://assembly.state.ny.us/mem/ SENATE: http://www.nysenate.gov/

__________________________________________________

le Fraenkel, Ph.D., BC-DMT, NCC, LCAT, LMHC, CGP

Director,

Kinections

at Imagine Square

718 University Avenue

Rochester, NY 14607

USA

Tel:

FAX:

www.kinections.com

[Guest guest]

I received the message that follows from a colleague in music therapy. Please read carefully and go to the link below to read the details. We need to talk among ourselves to see how this affects us as dance/movement therapists. One thing I find disturbing is lowering the standards to a minimum of a BA. Clearly that comes from the music therapists. As fond as I am of many music therapists, I see this decision as diminishing our skills and removing us from a level playing field with other clinicians. It is bad enough that nurses (most of whom I am fond of) can supervise us. The decision to lower the standards reinforces decisions like the ones I heard the NYC Board of Health made when they did not include CATS in a call for clinicians to work with people still struggling with the effects of 9/11.Also is there anyone who knows if the amendments speak to the question of off-site supervision?http://www.op.nysed.gov/prof/mhp/mhp-2010proposed.htm Scroll down to CAT section or read them all. The deadline for responses is only a month away.Question: Why have we not been hearing about this? Why does it take a message from a music therapist for me to learn about this? Is it because I do not live in NYC, because there are two music therapists on the regulatory board, because NYSADTA has not been paying attention or all of the above? NY State LCAT CALL TO ACTIONShare Yesterday at 11:18pm NY State LCAT CALL TO ACTION Dear Members and Advocates, The NYSTF continues to monitor the activities in NYS related to the implementation of the Mental Health Practitioners (MHP) law. This message is in follow-up to our correspondence of 3/25/2010. As we indicated in that message, there are two crucial calls to action at this time. The recent activity in Albany in the form of proposed amendments as well as legislative action on the law is very positive, providing clarification on some areas of concern while allowing more flexibility with the licensure process. As we previously indicated, the amendments address changes in regulation (requiring approval by the Board of Regents) while the bill addresses changes in law and, as such, requires legislative action. Listed below is sample language to use for both the public comment period for the amendments on the State Register as well as when contacting your legislators to ask them to vote in favor of the bill. As we indicated in our earlier message, it is important to have the voices of practitioners heard along with employers, consumers, and other advocates. Please encourage people to submit their comments, personalizing them to their own position or situation. Please send copies of your correspondence to us ( nystf@...) as well as to Judy Simpson, AMTA Director of Government Relations ( simpson@...) so we can track our activity in this effort. We hope this information is helpful. We remain vigilant in monitoring activity in Albany and maintaining contact with associates there, and encourage you to continue to contact us with your questions and concerns. In the spirit of service, The New York State Task Force on Occupational Regulation ****************************** SAMPLE MESSAGE FOR 45-DAY PUBLIC COMMENT PERIOD ON PROPOSED AMENDMENTS TO THE REGULATIONS. REVIEW THE COMPLETE PROPOSED AMENDMENTS AT: http://www.op.nysed.gov/prof/mhp/mhp-2010proposed.htm Please personalize as indicated by the bold italicized sections. PLEASE NOTE: THE PUBLIC COMMENT PERIOD BEGINS TODAY, 3/31/2010, AND CONCLUDES ON MAY 15, 2010. ****************************** Dear Deputy Commissioner Munoz, and Dr. Hamilton, Executive Secretary, State Board for Mental Health Practitioners; I am writing today in strong support of the proposed amendments to Subparts 79-9, 79-10, 79-11, and 79-12 of the Regulations of the Commissioner of Education as they relate to the licensure of mental health counselors, marriage and family therapists, creative arts therapists, and psychoanalysts. In particular, as a [music therapist LCAT] OR [music therapist and future candidate for the LCAT], these amendments related to supervised experience, limited permits, and acceptable settings will efficiently address many of the unintended consequences of the Mental Health Practitioners law and result in increased access to crucial services for consumers. Further, the proposal to eliminate the three-year experience requirement for supervisors, in conjunction with developing a process for endorsing out-of-state licenses, will not only provide expanded access to services by consumers, but will also help solve the current problem of having a lack of qualified supervisors available to limited permit holders. I fully support the approval of these amendments as written, and thank the Office of the Professions and Board of Regents. Sincerely, NAME ADDRESS *********************************** Please send your comments in support of the proposed amendments to: Deputy Commissioner Munoz at: opdepcom@... AND to Dr. Hamilton, Executive Secretary for the Mental Health Practitioners Board, at: MHPBD@... If you prefer to send hard copies, please send them to: Muñoz, Deputy Commissioner for the Professions, New York State Education Department, 89 Washington Avenue, 2M, Albany, NY 12234 AND Dr. Hamilton, NYS Board for Mental Health Practitioners, NYS Education Department, 2nd Floor - East Wing, 89 Washington Avenue, Albany, NY 12234-1000 ****************************** ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ SAMPLE MESSAGE FOR SUPPORT OF THE PROPOSED LEGISLATION IN ASSEMBLY (A8897) AND SENATE (S5921): Please personalize as indicated by the bold italicized sections. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ As a Licensed Creative Arts Therapist (OR) As a future applicant for the Creative Arts Therapist license, I urge you to vote in favor of Assembly Bill A8897 (OR) Senate Bill 5921. The resulting changes, which would address several unintended consequences of the existing law, would ensure continued access to mental health services for consumers. Positive outcomes from the Bill would include: * Improved employment opportunities for mental health professionals within not-for-profit entities; * Allowance for work experience gained in not-for-profit entities to be recognized by the state; * Establishment of a workgroup comprised of interested parties to recommend amendments to law and regulations Thank you for considering my views on this important legislation. I would be happy to talk with you further about my work as a Creative Arts Therapist in (INSERT TOWN and/or FACILITY). Sincerely, NAME ADDRESS ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ To find your Senate and Assembly Representatives and their respective emails or mailing addresses, please use the following links. ASSEMBLY: http://assembly.state.ny.us/mem/ SENATE: http://www.nysenate.gov/ __________________________________________________le Fraenkel, Ph.D., BC-DMT, NCC, LCAT, LMHC, CGPDirector,Kinectionsat Imagine Square718 University AvenueRochester, NY 14607USATel: FAX: www.kinections.com

[Guest guest]

Thank you Donna. So you don't think that having BA level supervisors will lead to the LCAT becoming a BA level license will be the next step? If so, great. I still wonder about the fairness of having two music therapists on a board of three. That, I realize is a State issue, not yours or mine.le __________________________________________________le Fraenkel, Ph.D., BC-DMT, NCC, LCAT, LMHC, CGPDirector,Kinectionsat Imagine Square718 University AvenueRochester, NY 14607USATel: FAX: www.kinections.com Good afternoon, The message forwarded from le was originally sent out by the New York State Task Force on Occupational Regulation (NYSTF) of the Mid-Atlantic Region of the American Music Therapy Association. I am the Chair of NYSTF, and in addition to always striving to have a member of NYSTF in attendance at MHP Board meetings, we are fortunate to have the support of our regional chapter, our national association, and the Certification Board for Music Therapists (CBMT), which is where the message le shared came from. I would like to clarify that the section of the regulations related to the Experience Requirements currently reads (in part): § 79-11.3 Experience requirements. c.2. Supervision of the experience. The experience shall be supervised in accordance with the requirements of this subdivision. 2. Qualifications for supervisors of the required experience. The supervisor of the experience shall meet each of the following requirements: The supervisor shall have completed a baccalaureate or higher degree program in creative arts, in the subject of the field in which the supervisor is licensed as prescribed in subparagraph (iii) of this paragraph, or another field related to the field of counseling as determined by the department. This is not a change from the current regulations, nor are there any recommended changes at this time to the qualifications for supervisors. There are recommended changes, additions, and/or clarifications related to how the 1500 hours of supervised experience should be delineated; to the settings for experience; to the content of supervision: to corporate law; to creating a process of endorsing licenses obtained in other jurisdictions; and other aspects as well. There is some language that somewhat addresses le's question regarding off-site supervision, although it does not get quite that specific and there still needs to be a relationship between the setting and the supervisor (the underlining is from the OP website, to indicate the new language) : (2) the setting in which the experience is gained shall be responsible for the services provided by individuals gaining experience for licensure[; and]. The setting shall also be responsible for providing adequate supervision to such individuals and for assigning a qualified supervisor, as defined in this section, to individuals gaining experience for licensure. As indicated in the message from my task force, the proposed changes to the amendments, along with the changes in the current legislation, are viewed as being highly positive. Perhaps equally as important is the fact that these proposed changes have come directly from NYSED, the OP, and the Board of Regents, in collaboration with the MHP State Board. These actions are very much in response to the issues that many LCAT applicants have experienced over the last several years, in an effort to mediate some of the unintended consequences of the law. If anyone would like to be added to the mailing list for NYSTF, please contact us directly at: nystf@... In the spirit of service, Donna W. Polen, LCAT, MT-BC Chair, New York State Task Force on Occupational Regulation Mid-Atlantic Region/American Music Therapy Association I received the message that follows from a colleague in music therapy. Please read carefully and go to the link below to read the details. We need to talk among ourselves to see how this affects us as dance/movement therapists. One thing I find disturbing is lowering the standards to a minimum of a BA. Clearly that comes from the music therapists. As fond as I am of many music therapists, I see this decision as diminishing our skills and removing us from a level playing field with other clinicians. It is bad enough that nurses (most of whom I am fond of) can supervise us. The decision to lower the standards reinforces decisions like the ones I heard the NYC Board of Health made when they did not include CATS in a call for clinicians to work with people still struggling with the effects of 9/11. Also is there anyone who knows if the amendments speak to the question of off-site supervision? http://www.op.nysed.gov/prof/mhp/mhp-2010proposed.htm Scroll down to CAT section or read them all. The deadline for responses is only a month away. Question: Why have we not been hearing about this? Why does it take a message from a music therapist for me to learn about this? Is it because I do not live in NYC, because there are two music therapists on the regulatory board, because NYSADTA has not been paying attention or all of the above? NY State LCAT CALL TO ACTION Share Yesterday at 11:18pm NY State LCAT CALL TO ACTION Dear Members and Advocates, The NYSTF continues to monitor the activities in NYS related to the implementation of the Mental Health Practitioners (MHP) law. This message is in follow-up to our correspondence of 3/25/2010. As we indicated in that message, there are two crucial calls to action at this time. The recent activity in Albany in the form of proposed amendments as well as legislative action on the law is very positive, providing clarification on some areas of concern while allowing more flexibility with the licensure process. As we previously indicated, the amendments address changes in regulation (requiring approval by the Board of Regents) while the bill addresses changes in law and, as such, requires legislative action. Listed below is sample language to use for both the public comment period for the amendments on the State Register as well as when contacting your legislators to ask them to vote in favor of the bill. As we indicated in our earlier message, it is important to have the voices of practitioners heard along with employers, consumers, and other advocates. Please encourage people to submit their comments, personalizing them to their own position or situation. Please send copies of your correspondence to us ( nystf@...) as well as to Judy Simpson, AMTA Director of Government Relations ( simpsonmusictherapy (DOT) org) so we can track our activity in this effort. We hope this information is helpful. We remain vigilant in monitoring activity in Albany and maintaining contact with associates there, and encourage you to continue to contact us with your questions and concerns. In the spirit of service, The New York State Task Force on Occupational Regulation ****************************** SAMPLE MESSAGE FOR 45-DAY PUBLIC COMMENT PERIOD ON PROPOSED AMENDMENTS TO THE REGULATIONS. REVIEW THE COMPLETE PROPOSED AMENDMENTS AT: http://www.op.nysed.gov/prof/mhp/mhp-2010proposed.htm Please personalize as indicated by the bold italicized sections. PLEASE NOTE: THE PUBLIC COMMENT PERIOD BEGINS TODAY, 3/31/2010, AND CONCLUDES ON MAY 15, 2010. ****************************** Dear Deputy Commissioner Munoz, and Dr. Hamilton, Executive Secretary, State Board for Mental Health Practitioners; I am writing today in strong support of the proposed amendments to Subparts 79-9, 79-10, 79-11, and 79-12 of the Regulations of the Commissioner of Education as they relate to the licensure of mental health counselors, marriage and family therapists, creative arts therapists, and psychoanalysts. In particular, as a [music therapist LCAT] OR [music therapist and future candidate for the LCAT], these amendments related to supervised experience, limited permits, and acceptable settings will efficiently address many of the unintended consequences of the Mental Health Practitioners law and result in increased access to crucial services for consumers. Further, the proposal to eliminate the three-year experience requirement for supervisors, in conjunction with developing a process for endorsing out-of-state licenses, will not only provide expanded access to services by consumers, but will also help solve the current problem of having a lack of qualified supervisors available to limited permit holders. I fully support the approval of these amendments as written, and thank the Office of the Professions and Board of Regents. Sincerely, NAME ADDRESS *********************************** Please send your comments in support of the proposed amendments to: Deputy Commissioner Munoz at: opdepcommail (DOT) nysed.gov AND to Dr. Hamilton, Executive Secretary for the Mental Health Practitioners Board, at: MHPBD@....gov If you prefer to send hard copies, please send them to: Muñoz, Deputy Commissioner for the Professions, New York State Education Department, 89 Washington Avenue, 2M, Albany, NY 12234 AND Dr. Hamilton, NYS Board for Mental Health Practitioners, NYS Education Department, 2nd Floor - East Wing, 89 Washington Avenue, Albany, NY 12234-1000 ****************************** ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ SAMPLE MESSAGE FOR SUPPORT OF THE PROPOSED LEGISLATION IN ASSEMBLY (A8897) AND SENATE (S5921): Please personalize as indicated by the bold italicized sections. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ As a Licensed Creative Arts Therapist (OR) As a future applicant for the Creative Arts Therapist license, I urge you to vote in favor of Assembly Bill A8897 (OR) Senate Bill 5921. The resulting changes, which would address several unintended consequences of the existing law, would ensure continued access to mental health services for consumers. Positive outcomes from the Bill would include: * Improved employment opportunities for mental health professionals within not-for-profit entities; * Allowance for work experience gained in not-for-profit entities to be recognized by the state; * Establishment of a workgroup comprised of interested parties to recommend amendments to law and regulations Thank you for considering my views on this important legislation. I would be happy to talk with you further about my work as a Creative Arts Therapist in (INSERT TOWN and/or FACILITY). Sincerely, NAME ADDRESS ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ To find your Senate and Assembly Representatives and their respective emails or mailing addresses, please use the following links. ASSEMBLY: http://assembly.state.ny.us/mem/ SENATE: http://www.nysenate.gov/ __________________________________________________ le Fraenkel, Ph.D., BC-DMT, NCC, LCAT, LMHC, CGP Director, Kinections at Imagine Square 718 University Avenue Rochester, NY 14607 USA Tel: FAX: www.kinections.com

[Guest guest]

Hi Donna -In a communication with Hamilton, I understood that a change to supervisor requirements was to eliminate the requirement that a supervisor r be an LCAT, or a qualified supervisor from another licensed mental health professions who would verify that they had used art as part of their treatment of clients over the past three years Eliminating the use of art requirement would enlarge the supervisor population, providing more opportunities to gain experience under a limited permit. and would allow the limited permit holder to introduce creative arts therapy into facilities/programs that might not currently be using such therapies thereby expanding future opportunities). In reading the revisions, I am confused about whether or not this has been

incorporated.ThanksJoyceSubject: Re: Proposed amendment to licensure bill diminishes CATSTo: NYCCAT Date: Sunday, April 18, 2010, 6:20 PM

Good afternoon,

The message forwarded from le was originally sent out by the New York State Task Force on Occupational Regulation (NYSTF) of the Mid-Atlantic Region of the American Music Therapy Association. I am the Chair of NYSTF, and in addition to always striving to have a member of NYSTF in attendance at MHP Board meetings, we are fortunate to have the support of our regional chapter, our national association, and the Certification Board for Music Therapists (CBMT), which is where the message le shared came from.

I would like to clarify that the section of the regulations related to the Experience Requirements currently reads (in part):

§ 79-11.3 Experience requirements.

c.

2. Supervision of the experience. The experience shall be supervised in accordance with the requirements of this subdivision.

2. Qualifications for supervisors of the required experience. The supervisor of the experience shall meet each of the following requirements:

The supervisor shall have completed a baccalaureate or higher degree program in creative arts, in the subject of the field in which the supervisor is licensed as prescribed in subparagraph (iii) of this paragraph, or another field related to the field of counseling as determined by the department.

This is not a change from the current regulations, nor are there any recommended changes at this time to the qualifications for supervisors.

There are recommended changes, additions, and/or clarifications related to how the 1500 hours of supervised experience should be delineated; to the settings for experience; to the content of supervision: to corporate law; to creating a process of endorsing licenses obtained in other jurisdictions; and other aspects as well. There is some language that somewhat addresses le's question regarding off-site supervision, although it does not get quite that specific and there still needs to be a relationship between the setting and the supervisor (the underlining is from the OP website, to indicate the new language) : (2) the setting in which the experience is gained shall be responsible for the services provided by individuals gaining experience for licensure[; and]. The setting shall also be responsible for providing adequate supervision to such individuals and for assigning a qualified supervisor, as defined in this section, to individuals gaining experience for licensure.

As indicated in the message from my task force, the proposed changes to the amendments, along with the changes in the current legislation, are viewed as being highly positive. Perhaps equally as important is the fact that these proposed changes have come directly from NYSED, the OP, and the Board of Regents, in collaboration with the MHP State Board. These actions are very much in response to the issues that many LCAT applicants have experienced over the last several years, in an effort to mediate some of the unintended consequences of the law.

If anyone would like to be added to the mailing list for NYSTF, please contact us directly at: nystf@...

In the spirit of service,

Donna W. Polen, LCAT, MT-BC

Chair, New York State Task Force on Occupational Regulation

Mid-Atlantic Region/American Music Therapy Association

In a message dated 4/18/2010 12:17:10 P.M. Central Daylight Time, daniellefraenkel@ kinections. com writes:

I received the message that follows from a colleague in music therapy. Please read carefully and go to the link below to read the details. We need to talk among ourselves to see how this affects us as dance/movement therapists. One thing I find disturbing is lowering the standards to a minimum of a BA. Clearly that comes from the music therapists. As fond as I am of many music therapists, I see this decision as diminishing our skills and removing us from a level playing field with other clinicians. It is bad enough that nurses (most of whom I am fond of) can supervise us. The decision to lower the standards reinforces decisions like the ones I heard the NYC Board of Health made when they did not include CATS in a call for clinicians to work with people still struggling with the effects of 9/11.

Also is there anyone who knows if the amendments speak to the question of off-site supervision?

http://www.op. nysed.gov/ prof/mhp/ mhp-2010proposed .htm Scroll down to CAT section or read them all. The deadline for responses is only a month away.

Question: Why have we not been hearing about this? Why does it take a message from a music therapist for me to learn about this? Is it because I do not live in NYC, because there are two music therapists on the regulatory board, because NYSADTA has not been paying attention or all of the above?

NY State LCAT CALL TO ACTION

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Yesterday at 11:18pm

NY State LCAT CALL TO ACTION Dear Members and Advocates, The NYSTF continues to monitor the activities in NYS related to the implementation of the Mental Health Practitioners (MHP) law. This message is in follow-up to our correspondence of 3/25/2010. As we indicated in that message, there are two crucial calls to action at this time. The recent activity in Albany in the form of proposed amendments as well as legislative action on the law is very positive, providing clarification on some areas of concern while allowing more flexibility with the licensure process. As we previously indicated, the amendments address changes in regulation (requiring approval by the Board of Regents) while the bill addresses changes in law and, as such, requires legislative action. Listed below is sample language to use for both the public comment period for the amendments on the State Register as well as when contacting your legislators to ask them to vote in favor of the bill. As we indicated in our earlier message, it is important to have the voices of practitioners heard along with employers, consumers, and other advocates. Please encourage people to submit their comments, personalizing them to their own position or situation. Please send copies of your correspondence to us ( nystf@...) as well as to Judy Simpson, AMTA Director of Government Relations ( simpson@musictherap y.org) so we can track our activity in this effort. We hope this information is helpful. We remain vigilant in monitoring activity in Albany and maintaining contact with associates there, and encourage you to continue to contact us with your questions and concerns. In the spirit of service, The New York State Task Force on Occupational Regulation ************ ********* ********* SAMPLE MESSAGE FOR 45-DAY PUBLIC COMMENT PERIOD ON PROPOSED AMENDMENTS TO THE REGULATIONS. REVIEW THE COMPLETE PROPOSED AMENDMENTS AT: http://www.op. nysed.gov/ prof/mhp/mhp-2010prop osed.htm Please personalize as indicated by the bold italicized sections. PLEASE NOTE: THE PUBLIC COMMENT PERIOD BEGINS TODAY, 3/31/2010, AND CONCLUDES ON MAY 15, 2010. ************ ********* ********* Dear Deputy Commissioner Munoz, and Dr. Hamilton, Executive Secretary, State Board for Mental Health Practitioners; I am writing today in strong support of the proposed amendments to Subparts 79-9, 79-10, 79-11, and 79-12 of the Regulations of the Commissioner of Education as they relate to the licensure of mental health counselors, marriage and family therapists, creative arts therapists, and psychoanalysts. In particular, as a [music therapist LCAT] OR [music therapist and future candidate for the LCAT], these amendments related to supervised experience, limited permits, and acceptable settings will efficiently address many of the unintended consequences of the Mental Health Practitioners law and result in increased access to crucial services for consumers. Further, the proposal to eliminate the three-year experience requirement for supervisors, in conjunction with developing a process for endorsing out-of-state licenses, will not only provide expanded access to services by consumers, but will also help solve the current problem of having a lack of qualified supervisors available to limited permit holders. I fully support the approval of these amendments as written, and thank the Office of the Professions and Board of Regents. Sincerely, NAME ADDRESS ************ ********* ************** Please send your comments in support of the proposed amendments to: Deputy Commissioner Munoz at: opdepcommail (DOT) nysed.gov AND to Dr. Hamilton, Executive Secretary for the Mental Health Practitioners Board, at: MHPBD@.... gov If you prefer to send hard copies, please send them to: Muñoz, Deputy Commissioner for the Professions, New York State Education Department, 89 Washington Avenue, 2M, Albany, NY 12234 AND Dr. Hamilton, NYS Board for Mental Health Practitioners, NYS Education Department, 2nd Floor - East Wing, 89 Washington Avenue, Albany, NY 12234-1000 ************ ********* ********* ^^^^^^^^^^^^ ^^^^^^^^^ ^^^^^^^^^^^^^^^^^ ^^^^^^^^^ ^^^^^^^^^^^^^^^^^ ^^^^^ SAMPLE MESSAGE FOR SUPPORT OF THE PROPOSED LEGISLATION IN ASSEMBLY (A8897) AND SENATE (S5921): Please personalize as indicated by the bold italicized sections. ^^^^^^^^^^^^ ^^^^^^^^^ ^^^^^^^^^^^^^^^^^ ^^ As a Licensed Creative Arts Therapist (OR) As a future applicant for the Creative Arts Therapist license, I urge you to vote in favor of Assembly Bill A8897 (OR) Senate Bill 5921. The resulting changes, which would address several unintended consequences of the existing law, would ensure continued access to mental health services for consumers. Positive outcomes from the Bill would include: * Improved employment opportunities for mental health professionals within not-for-profit entities; * Allowance for work experience gained in not-for-profit entities to be recognized by the state; * Establishment of a workgroup comprised of interested parties to recommend amendments to law and regulations Thank you for considering my views on this important legislation. I would be happy to talk with you further about my work as a Creative Arts Therapist in (INSERT TOWN and/or FACILITY). Sincerely, NAME ADDRESS ^^^^^^^^^^^^ ^^^^^^^^^ ^^^^^^^^^^^^^^^^^ ^^ To find your Senate and Assembly Representatives and their respective emails or mailing addresses, please use the following links. ASSEMBLY: http://assembly. state.ny. us/mem/ SENATE: http://www.nysenate .gov/

____________ _________ _________ _________ _________ __

le Fraenkel, Ph.D., BC-DMT, NCC, LCAT, LMHC, CGP

Director,

Kinections

at Imagine Square

718 University Avenue

Rochester, NY 14607

USA

Tel:

FAX:

www.kinections. com

[Guest guest]

Despite all the conversation on the list, none of the proposed amendments speak to the need—often discussed on this list—for off-site supervision.I would like to know if the three representatives to the regulatory board ever questioned, in depth, the State ED lawyers who created the initial storm by their narrow interpretations. Here are the exact words of the proposed amendments copied from the proposed amendments re: the CATS: http://www.op.nysed.gov/prof/mhp/catlic.htm Donna is correct. There are no proposed changes to the supervision component of the law; however, that does not mean they should not occur.Supervision of ExperienceYour supervisor must:have completed a baccalaureate or higher degree program in creative arts, or in the subject of the field in which the supervisor is licensed (see below), or another field related to the field of creative arts therapy as determined by the Department; andbe licensed and registered in New York State to practice creative arts therapy, medicine, as a physician assistant, psychology, licensed clinical social work, or as a registered professional nurse or nurse practitioner, or must have the equivalent qualifications as determined by the Department*; andhave at least three years of full-time experience, or the part-time equivalent, in creative arts therapy. Practice on a full-time basis means 800 clock hours in the practice of creative arts therapy earned over a 52-week period.*Prior to January 1, 2008, applicants may also submit experience supervised by a creative arts therapist certified or registered by a national certifying or registering body for creative arts therapists acceptable to the Department to meet this requirement.There must be contact between you and your supervisor during which:you apprise your supervisor of the assessment and treatment of each client;your cases are discussed with your supervisor;your supervisor must provide you with oversight and guidance in developing skills as a creative arts therapist; andyour supervisor must provide an average of one hour per week or two hours every other week of in-person individual or group supervision.All supervised experience must be verified by your supervisor(s) on Form 4B - Certification of Supervised Experience. Acceptable verification should include an attestation by the actual supervisor. In cases where such attestation is not available, the Department may accept other documentation of the experience.My reading of this suggests that a BA level nurse or BA level music therapist with 2400 hours of experience can supervise a master's level creative arts therapist. The State's minimum work experience is 1240 hours less than what it takes to become a certified dance/movement. How can a BA level nurse or a BA level music therapist provide "oversight and guidance in developing skills as a creative arts therapist?" I can understand how BA level nurses can provide administrative supervision, and how BA level music therapists can provide guidance around the selection of instruments and music, but neither can provide guidance around the vital topics of assessment, process, and treatment in art, dance, drama, or poetry therapy. I understand that the original law included BA level creative arts therapists to protect our pioneers. I am grateful for that, but time has passed. With an opportunity at hand to amend the legislation, we should be focusing on expanding the legislation to include off-site supervision, not by continuing to diminish the power of the creative arts therapies by having Bachelor level clinicians with a modicum of experience supervising master's level people trained both in the use of their art form as therapy and counseling/psychotherapy. People know what nursing entails. Music therapists become certified at the BA level; however neither should be allowed to supervise Master's level CATs who have studied, in-depth, the use of their creative modality. I do not understand the argument of numbers. Just because there are 70 BA programs in music therapy nationwide, 5 of which are in NYS and 4 —soon to be 5 —masters' programs in music therapy does not mean that we should lower our standards and have a BA music therapist, supervise master's level clinicians from the other arts. (Note: As mentioned above, I am not including the LCAT pioneers who do not have master's degrees and supervise CATs in the art form they have helped to develop.) To increase the "number, diversity, and availability of qualified supervisors for limited permit holders," all one has to do is accept off-site supervision by a supervisor who specializes in the same art form. This is a topic that used to be discussed frequently on this list. Unfortunately, NYCCAT did not have the money to hire a lobbyist and we have no idea how our representatives dealt with the question at regulatory board meetings. Bottom line, limited permit holders would have lots more opportunities for meaningful supervision if they could be supervised by the many LCATs who practice privately and bring years of experience into their work. I appreciate the reality that NYCCAT cannot afford a lobbyist, but we can write to and call our local assemblyman, state senators, and representatives to the Board of Regents. You can also write directly to State ED regarding the proposed amendments. Check the websites below and look for your legislators and representative to the Regents. If your representatives are not on the list, write to the Chairperson. Instructions for writing to State Ed regarding the proposed amendments are at the end. You can find the proposed amendments at http://www.op.nysed.gov/prof/mhp/catlic.htm Letters, FAXes and Phone Calls do make a difference. Dani FraenkelASSEMBLYAssembly Committee on Educationhttp://assembly.state.ny.us/comm/?sec=mem & id=12Higher Educationhttp://assembly.state.ny.us/comm/?sec=mem & id=20Healthhttp://assembly.state.ny.us/comm/?sec=mem & id=19SENATESenateEducation http://www.nysenate.gov/committee/educationHigher Educationhttp://www.nysenate.gov/committee/higher-educationHealthhttp://www.nysenate.gov/committee/healthBOARD of REGENTShehttp://www.regents.nysed.gov/members/Laws, Rules & RegulationsProposed Amendments to theRegulations of the Commissioner of EducationThe Board of Regents Professional Practice Committee will discuss proposed amendments to the regulations for the licensure of mental health counselors, marriage and family therapists, creative arts therapists and psychoanalysts. A summary of the proposed amendments will be published in the State Register on March 31, 2010 and you can access the proposed amendments below. Any comments should be submitted to Muñoz, Deputy Commissioner for the Professions, New York State Education Department, 89 Washington Avenue, 2M, Albany, New York 12234 or opdepcom@... by May 15, 2010. (Please note: underlined material is new; material in brackets is to be deleted.) __________________________________________________le Fraenkel, Ph.D., BC-DMT, NCC, LCAT, LMHC, CGPDirector,Kinectionsat Imagine Square718 University AvenueRochester, NY 14607USATel: FAX: www.kinections.com