Diagnostic Privilege for Certain Mental Health Practitioners

The privilege application is on our website and can be completed electronically and the fee paid by credit card. Remember to select the application for the profession in which you are seeking the privilege; if you are seeking the privilege in more than one profession, you must submit separate applications and fees. 

There is a $175 application fee for the privilege, which is non-refundable. 

You can easily find your six-digit license number and the end date of your current registration period on our verification site. You can also find the six-digit license number on your parchment (brown 8-1/2 x 11 document) and the end date for your current registration and license number on the (green) registration certificate. 

The requirements for licensure were not the same as the requirements for the privilege, authorized by Education Law §8401-a. The Department requires verification of clinical education, including transcript, and experience that includes, but is not limited to diagnosis, psychotherapy and assessment-based treatment planning. Documents submitted for licensure did not provide the specific information required for the Department to determine if an applicant has met the privilege requirements, or if additional education and/or experience is required.

You must have the education program that awarded the master’s or higher degree of 60 semester hours or the clock hour equivalent for psychoanalysis, submit verification of your degree and course work on Form 2D. The transcript(s) must include 12 semester hours, or the clock hour equivalent for psychoanalysis, of clinical content that prepared the applicant to engage in diagnosis, psychotherapy and assessment-based treatment planning. The program registrar must identify the clinical courses on Form 2D, where indicated. Definitions of clinical coursework for each profession are found below and in the regulations. 

If you attended more than one program, each program that awarded credit toward the license-qualifying and clinical education must submit a Form 2D and transcript at DPLSEduc@nysed.gov. The program awarding the master’s degree required for admission to a psychoanalytic training program must submit verification of that degree and the psychoanalytic program must submit verification of the post-master’s certificate, including official transcript.

The Office of the Professions will evaluate the education submitted on behalf of each applicant to determine if the requirements in law have been satisfied or if additional education is required to meet the 60 semester hours and/or required 12 semester hours of clinical content. The Department will notify applicants if additional coursework—either generally in the profession or in clinical content areas--is required. When the applicant completes  additional graduate coursework in the specified area(s),  the school where such credit is earned must submit a Form 2D and transcript. Please note that continuing education, experience, and self-study activities are not acceptable toward this education requirement.

• Mental health counseling clinical coursework that prepares the individual to diagnose and develop assessment-based treatment plans acceptable to the department that includes coursework such as:
  • diagnosis and assessment-based treatment planning in the practice of mental health counseling and psychotherapy;
  • assessment, evaluation and diagnosis using accepted classification systems in the practice of mental health counseling;
  • developing and implementing assessment-based treatment plans for the provision of mental health counseling services; and
  • clinical mental health counseling interventions with diverse populations.
     
• Marriage and family therapy clinical coursework that prepares the individual to diagnose and develop assessment-based treatment plans acceptable to the department that includes coursework such as:
  • diagnosis and assessment-based treatment planning in the practice of marriage and family therapy and psychotherapy;
  • assessment, evaluation and diagnosis using accepted classification systems in the practice of marriage and family therapy;
  • developing and implementing assessment-based treatment plans for the provision of marriage and family therapy services; and
  • clinical marriage and family therapy interventions with diverse populations.
     
• Psychoanalysis clinical coursework that prepares the individual to diagnose and develop assessment-based treatment plans  acceptable to the department that include coursework such as:
  • diagnosis and assessment-based treatment planning in the practice of psychoanalysis and psychotherapy;
  • assessment, evaluation and diagnosis using accepted classification systems in the practice of psychoanalysis;
  • developing and implementing assessment-based treatment plans for the provision of psychoanalysis services; and
  • clinical psychoanalysis interventions with diverse populations

An applicant who possesses a master’s or higher degree of 60 semester hours in mental health counseling or marriage and family therapy, or the clock-hour equivalent in psychoanalysis, but who has not completed the required clinical coursework may satisfy the requirement by taking post-graduate courses to remedy deficiencies.

An applicant for the diagnostic privilege shall demonstrate completion of supervised experience, under the general supervision of a qualified supervisor in an acceptable setting, as set forth in the Commissioner’s regulations for the profession by either: 

1. Causing to be submitted, in a form and format acceptable to the Department verification of the completion of at least 2,000 hours of supervised, direct client contact that includes, but not be limited to, diagnosis, psychotherapy and the development of assessment-based treatment plans; or
2. For an applicant licensed prior to June 22, 2024, submitting in a form and format acceptable to the department, an attestation from a supervisor that such licensee has at least three years of experience engaged in direct client contact that shall include diagnosis, psychotherapy and the development of assessment-based treatment plans. The licensee shall submit the privilege application, fee and all required documentation to the department on or before June 24, 2027.

An individual accruing experience for the privilege shall be under the general supervision of a qualified supervisor, as defined in regulation. The supervisor shall provide an average of one hour per week or two hours every other week of face-to-face individual or group supervision and shall:

1. review the applicant's diagnosis and treatment of each client under his or her general supervision; and
2. provide oversight, guidance and direction to the applicant in developing skills in diagnosis, psychotherapy and assessment-based treatment planning.

The qualified supervisor must be authorized to diagnose, provide psychotherapy and assessment-based treatment plans and, for experience in New York, shall be licensed and registered in New York State to practice as:

1. a licensed clinical social worker under Article 154 of the Education Law or the equivalent, as determined by the department; or
2. a psychologist licensed under Article 153 of the Education Law; or
3. a physician licensed under Article 131 of the Education Law who, at the time of the supervision of the applicant, was a diplomate in psychiatry of the American Board of Psychiatry and Neurology, Inc.

If experience was completed in another state, the supervisor must be authorized in that state to diagnose, provide psychotherapy and assessment-based treatment plans. 

In addition, on or after June 24, 2024:

• a mental health counselor seeking the privilege may be supervised by a mental health counselor licensed and registered under Article 163 of the Education Law who holds the diagnostic privilege authorized under the Education Law or the equivalent, as determined by the Department; or,
• a marriage and family therapist seeking the privilege may be supervised by a marriage and family therapy licensed and registered under Article 163 of the Education Law who holds the diagnostic privilege authorized under the Education Law or the equivalent, as determined by the Department; or,
• a psychoanalyst seeking the privilege may be supervised by a psychoanalyst licensed and registered under Article 163 of the Education Law who holds the diagnostic privilege authorized under the Education Law or the equivalent, as determined by the Department.

Any arrangement in which the applicant employs the supervisor is not acceptable.

For a setting to be acceptable to the Department, it shall be a location at which legally authorized individuals provide services that constitute the practice of mental health counseling, marriage and family therapy or psychoanalysis, as defined in section 8402(1), 8402(2) or 8402(4) of the Education Law. An acceptable setting shall be:

1. a professional corporation, registered limited liability partnership, or professional service limited liability company authorized to provide services that are within the scope of practice of mental health counseling, marriage and family therapy or psychoanalysis;
2. a sole proprietorship owned by a licensee who provides services that are within the scope of his or her profession and services that are within the scope of practice of mental health counseling, marriage and family therapy or psychoanalysis;
3. a professional partnership owned by licensees who provide services that are within the scope of practice of mental health counseling, marriage and family therapy or psychoanalysis;
4. a program or service operated, regulated, funded, or approved by the department of mental hygiene, the office of children and family services, the department of corrections and community supervision, the office of temporary and disability assistance, the state office for the aging and the department of health or a local governmental unit as that term is defined in section 41.03 of the Mental Hygiene Law or a social services district as defined in section 61 of the Social Services Law;
5. an entity holding a waiver issued by the Department pursuant to section 6503-a or 6503-b of the Education Law to provide services that are within the scope of practice of mental health counseling, marriage and family therapy or psychoanalysis;
6. a program or facility authorized under federal law to provide services that are within the scope of practice of mental health counseling, marriage and family therapy or psychoanalysis; or
7. an entity authorized under New York law or the laws of the jurisdiction in which the entity is located to provide services that are within the scope of practice of mental health counseling, marriage and family therapy or psychoanalysis.

The setting in which the experience is gained shall be responsible for the services provided by individuals gaining experience for the privilege. The setting shall also be responsible for providing adequate supervision to such individuals and for assigning a qualified supervisor to individuals gaining experience for licensure. The setting shall not be a private practice owned or operated by the applicant.

Education Law section 8409(1) authorizes the Department to issue a diagnostic privilege limited permit to a mental health counselor, marriage and family therapist or psychoanalyst licensed and registered under Article 163 who is gaining supervised experience for the diagnostic privilege under supervision. The diagnostic privilege limited permit may be issued for an authorized setting in New York under a qualified supervisor, as defined in the Commissioner’s regulations, upon application and payment of the $70 permit fee.

The diagnostic privilege limited permit is valid for two years and may be renewed for no more than two one-year periods, upon submission of an application and $70 fee. The duration of a permit may not exceed four years total. The supervisor shall be responsible for appropriate oversight of all services provided by a limited diagnostic permit holder under his or her general supervision. No supervisor shall supervise more than five limited permit holders of any type at one time.

When all requirements have been satisfied, in the determination of the Department, the privilege may be issued to the licensee. The privilege is valid for the remainder of the current registration period and must be renewed every three years. The licensee will receive an email from OP notifying them that the privilege requirements have been met and the privilege will be added to the licensee’s online record and confirmed on our verification site.  A new (green) registration certificate will not be provided but an updated certificate may be requested by submitting the online application. Future registration certificates will include the “D” designation (e.g., D012345) when registration fees are paid. 

A privilege issued under this section shall be valid for the life of the holder, unless revoked, annulled, or suspended by the Board of Regents. The privilege is subject to the same oversight and disciplinary provisions as licenses issued under Title VIII of the Education Law.

The privilege holder shall register with the Department in the same manner and subject to the same provisions as required of a licensee pursuant to Education Law §6502, provided that, at the time of each registration, the privilege holder shall certify that he or she continues to meet the requirements for the diagnostic privilege. The privilege registration fee ($175) shall be paid in addition to the triennial registration fee for the license ($193). The registration period for a privilege holder shall be coterminous with his or her license registration.

A license holder who does not renew the privilege may not provide diagnosis, psychotherapy, and assessment-based treatment planning. A  mental  health  counselor,  marriage  and  family  therapist or  psychoanalyst  who  engages  in  diagnosis  and   the   development  of assessment-based treatment plans without a privilege may be charged with professional  misconduct  under  section sixty-five hundred nine of the Education law.

Education law §8407(1), effective June 24, 2024, states it shall be deemed practicing outside the boundaries of his or her professional competence for a person licensed pursuant to Article 163, in the case of treatment of any serious mental illness, to provide any mental health service for such illness on a continuous and sustained basis without a medical evaluation of the illness by, and consultation with, a physician  regarding such illness, unless such licensed professional has been issued a privilege  to diagnose and develop assessment-based treatment plans by the Department.