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   Anita L. Giovannucci, MA, LMHC

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New York State Regulations

New York State Department of Education Office of Professions requires that applicants for licensure as Mental Health Counselor get 3000 hours of supervised clinical service in mental health counseling.  The applicant must be able to document 1 hour of supervision for every 20 hours of clinical service.  You can NOT use internship hours toward licensing.

The New York State Office of Professions describes "Mental Health Counseling"  as:

Definition of the practice of mental health counseling. The practice of the profession of mental health counseling is defined as:

  1. the evaluation, assessment, amelioration, treatment, modification, or adjustment to a disability, problem, or disorder of behavior, character, development, emotion, personality or relationships by the use of verbal or behavioral methods with individuals, couples, families or groups in private practice, group, or organized settings; 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 mental health counseling services.

NOTICE: This means that if you are practicing as a Mental Health Counselor without a license, or practicing in a non-exempt facility with the responsibilities of a Mental Health Counselor, you are breaking the law.

For more information about how to define mental health counseling and Mental Health Counselors go to NYSED: Mental Health Counseling.

Settings Approved by NYSED not requiring Limited Permits

A graduate with the appropriate degree requirements can practice as a Mental Health Counselor and identify themselves as a Mental Health Counselor in New York State exempt settings without applying for a limited permit and still accrue hours for licensure as long as 

  1. The agency or facility is identified by NYSED as exempt

  2. Hours are in the practice of Mental Health Counseling, as described above

  3. Hours are supervised by a supervisor that has been licensed for at least 3 years in a profession approved by NYSED

A list of approved exempt settings are as follows:

NYSED identifies exempt facilities as the following:

lOMH ~ Office of Mental Health www.omh.state.ny.us/   518 -  474-2180

lOMRDD ~ Office of Mental Retardation www.omr.state.ny.us/

lOASAS ~ Office of Alcohol & Substance Abuse Services www.oasas.state.ny.us/    518 - 473-3460

***Some OASAS positions can be found at this web site: ASAPNYS - Job Bank and Employment Listings 

lOCFS ~ Office of Children & Family Services ~ www.ocfs.state.ny.us /

Check with your place of employment before taking the position (if you are planning to use the hours without applying for a Limited Permit) to verify that they are exempt by New York State.  If you have question, apply for a Limited Permit to practice. 

If you are employed by a non-exempt agency (Agency NOT exempt by NYSED) and are given the responsibilities and/or the title of Mental Health Counselor without applying for a Limited Permit you are breaking the law and this could jeopardize your chances of getting licensed in New York. 

NYS Educational Requirements

NYSED requires you to complete specific course work in Mental Health Counseling to be licensed as a Mental Health Counselor.  The following is the NYSED requirement

**** 52.32. Mental Health Counseling.

In addition to meeting all applicable provisions of this Part, to be registered as a program recognized as leading to licensure in mental health counseling, which meets the requirements of section 79-9.1 of this Title, the program shall:

  1. be a master's or doctoral degree program in counseling;

  2. through December 31, 2009, include at least 48 semester hours, or the equivalent, of study, and effective January 1, 2010 and thereafter, include at least 60 semester hours, or the equivalent, of study;

  3. contain curricular content that includes but is not limited to each of the following content areas:

    1. human growth and development;

    2. social and cultural foundations of counseling;

    3. counseling theory and practice;

    4. psychopathology;

    5. group dynamics;

    6. lifestyle and career development;

    7. assessment and appraisal of individuals, couples, families and groups;

    8. research and program evaluation;

    9. professional orientation and ethics;

    10. foundations of mental health counseling and consultation;

    11. clinical instruction; and

  4. include a supervised internship or supervised practicum in mental health counseling of at least one-year, defined as at least 600 clock hours for purposes of this section.

In addition, you must take the Identifying & Reporting Child Abuse Maltreatment/Neglect Course.  The University or College you attended might have provided you with this course.  Check with the Department Chair to see if the course they provide is certified by NYSED.  If not, I provide training for this course. 

You can access information about this course through this link Identifying & Reporting Child Abuse Maltreatment/Neglect Course or go directly to the New York Mental Health Counselors Association to register.

For more information on how to get licensed as a Mental Health Counselor

You can schedule a consult with me at my office in Clifton Park, New York by calling 518 878 5932.

Also, Universities and Colleges, The New York Mental Health Counselors Association (NYMHCA) will support a presentation on licensure to be given at your University or College.  Contact NYMHCA at www.nymhca.org.

Also, I am available to bring an NCMHCE Training to your location.  Please contact me at 518 878 5932 or contact me through email at oncallcounselor@aol.com 

Legislative Action

MEIER PASSES PACKAGE OF BILLS TO PROTECT CHILDREN FROM ABUSE  Friday, June 23, 2006

Legislative Memo: Reporting Of Underage Sexual Activity S.477/ Saland et al. -- AN ACT to amend the social services law, in relation to the reporting of child abuse.

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Last modified: May 18, 2008