Subpart 79-10, Marriage and Family Therapy

1. 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 marriage and family therapy programs, having accreditation standards that are substantially equivalent to the requirements for programs registered as leading to licensure in this field pursuant to section 52.33 of this Title, and applying its criteria for granting accreditation of programs in a fair, consistent, and nondiscriminatory manner.
2. To meet the professional education requirement for licensure as a marriage and family therapist, the applicant shall present satisfactory evidence of completing:
   1. a master's or doctoral program in marriage and family therapy registered as leading to licensure in this field, pursuant to section 52.33 of this Title, or a master's or doctoral program in marriage and family therapy that is accredited by an acceptable accrediting agency, or a master's or doctoral program in marriage and family therapy that is substantially equivalent to such a registered or accredited program, as determined by the department; or
   2. a graduate degree program in an allied mental health field acceptable to the department, including but not limited to a graduate degree program in social work, psychology, and mental health counseling, and additional graduate level coursework, if needed, which together are determined by the department to provide the substantial equivalent professional educational preparation as that obtained from a master's or doctoral program in marriage and family therapy registered as leading to licensure in this field, pursuant to section 52.33 of this Title; or
   3. a program located outside the United States and its territories that is recognized by the appropriate civil authorities of the jurisdiction in which the program is located as a program that prepares an applicant for the professional practice of marriage and family therapy, 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 master's or doctoral program in marriage and family therapy registered by the department as leading to licensure in this field, pursuant to section 52.33 of this Title, or to a master's or doctoral program in marriage and family therapy accredited by an acceptable accrediting agency.

1. Each candidate for licensure as a licensed marriage and family therapist shall pass an examination:
   1. that is offered by an organization determined by the department to have satisfactory administrative and psychometric procedures in place to offer the licensing examination; and
   2. that the department determines adequately tests marriage and family therapy proficiency at the master's degree level and adequately measures the candidate's knowledge concerning practice as a licensed marriage and family therapist as defined in subdivision (1) of section 8403 of the Education Law.
2. Requirements for admission to examination for licensure as a licensed marriage and family therapist. 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 fee for the first registration period, as prescribed in section 8403(3)(g) of the Education Law;
   3. present satisfactory evidence of having met the education requirement for licensure as a licensed marriage and family therapist, as prescribed in section 79-10.1 of this Subpart, including receipt of the degree.
3. Passing score. The passing score for the examination for licensure as a licensed marriage and family therapist shall be determined by the State Board for Mental Health Practitioners.

1. An applicant for licensure as a licensed marriage and family therapist shall meet the supervised experience requirement set forth in this section by submitting sufficient documentation of having completed supervised experience of at least 1,500 clock hours providing marriage and family therapy in a setting acceptable to the department in accordance with this section. All 1,500 clock hours of the supervised experience shall consist of direct contact with clients in the practice of marriage and family therapy and must be obtained in accordance with the following paragraphs:
   1. any experience obtained in New York must be performed by an applicant under a limited permit issued by the department, except the department may, in limited circumstances, accept experience that was not obtained under a limited permit where an applicant demonstrates that such experience was obtained in an authorized setting and under a qualified supervisor.
   2. any experience completed in another jurisdiction may be accepted by the department if it was completed in a setting authorized to provide marriage and family therapy in that jurisdiction and the experience was provided under a qualified supervisor, as determined by the department.
2. An applicant who has met the education requirement prescribed in section 79-10.1 of this Subpart through completing a master's or doctoral program registered by the department as leading to licensure in this field or an equivalent program in marriage and family therapy shall complete at least 1,500 client contact hours of supervised clinical experience in a setting acceptable to the department. That experience may include supervised client contact clock hours completed as part of the program in marriage and family therapy or after completing such program, in accordance with the requirements of section 52.33 of this Title.
3. An applicant who has met the education requirement prescribed in section 79-10.1 of this Subpart through completing a graduate degree program in an allied mental health field and additional graduate level coursework, if needed, shall complete at least 1,500 client contact clock hours of supervised clinical experience at a setting acceptable to the department, which all must be completed after completing the graduate degree program in the allied mental health field.
4. Supervision of the experience. The experience shall be supervised in accordance with the requirements of this subdivision.
   1. An applicant shall obtain experience under this section while under the general supervision of a qualified supervisor. General supervision shall mean that a qualified supervisor shall be available for consultation, assessment and evaluation when professional services are being rendered by an applicant and the supervisor shall exercise the degree of supervision appropriate to the circumstances. The supervisor shall provide an average of one hour per week or two hours every other week of in-person individual or group supervision wherein the supervisor shall:
      1. review the applicant’s assessment, evaluation and treatment of each client under his or her general supervision; and
      2. provide oversight, guidance and direction to the applicant in developing skills as a marraige and family therapist.
   2. Qualifications for supervisors of the required experience. The supervisor of the experience shall meet each of the following requirements:
      1. The supervisor shall be licensed and registered in New York State to practice marriage and family 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 marriage and family therapy on or before December 31, 2007, be an individual with certification or registration by an acceptable national certifying or registering body for marriage and family therapists as a clinical supervisor. To be acceptable to the department, the national certifying or registering body must be recognized nationwide as an organization that certifies or registers marriage and family therapists throughout the United States based upon a review of their qualifications to practice marriage and family therapy and must have adequate standards for the review of the applicant's qualifications for practicing marriage and family therapy, as determined by the department. Such standards must include standards for the review of the applicant's education and experience for practicing marriage and family therapy and may include an examination requirement.
   3. The Department, in its discretion, may accept alternative means to meet the in-person supervision requirements of paragraph (1) of this subdivision that cannot be successfully completed due to the State of Emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis.
5. Setting for the experience. For a setting for the clinical experience to be acceptable to the department, it shall meet the following requirements:
   1. The setting shall be a location at which legally authorized individuals provide services that constitute the practice of marriage and family therapy, as defined in section 8403(1) of the Education Law. For purposes of this section, 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 marriage and family therapy;
      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 marriage and family therapy;
      3. a professional partnership owned by licensees who provide services that are within the scope of practice of marriage and family therapy;
      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 marriage and family therapy;
      6. a program or facility authorized under federal law to provide services that are within the scope of practice of marriage and family therapy; 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 marriage and family therapy.
   2. the setting in which the experience is gained shall be responsible for the services provided by individuals gaining experience for licensure. 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.
   3. the setting shall not be a private practice owned or operated by the applicant.
6. Verification of the experience. The licensed supervisor shall submit verification of the supervised experience on forms acceptable to the department. The supervisor is responsible for maintaining documentation of the applicant’s supervised practice and hours of supervision, and, upon request of the department, for submitting a copy of such documentation.

As authorized by section 8409 of the Education Law, the department may issue a limited permit for licensure or a limited diagnostic permit to practice marriage and family therapy in accordance with the requirements of this section, to allow an applicant to practice under supervision while meeting the experience and/or examination requirements for licensure or while meeting the experience for the diagnostic privilege pursuant to section 8401-a of the Education Law.

1. Limited permits for licensure
   1. An applicant for a limited permit to practice marriage and family therapy shall:
      1. file an application for a limited permit with the department and pay the application fee, as prescribed in section 8409(3) of the Education Law;
      2. meet all requirements for licensure as a marriage and family therapist, including but not limited to the moral character and education requirements, except the examination and/or experience requirements; and
      3. be under the supervision of a supervisor acceptable to the department in accordance with the requirements of section 79-10.3 of this Subpart.
   2. In accordance with the requirements of section 79-10.3 of this Subpart, the limited permit in marriage and family therapy shall be issued for specific employment setting(s), acceptable to the department and the permit shall identify a qualified supervisor, acceptable to the department.
      1. The supervisor shall be responsible for appropriate oversight of all services provided by a permit holder under his or her general supervision.
      2. No supervisor shall supervise more than five permit holders at one time.
   3. The limited permit in marriage and family therapy shall be valid for a period of not more than 24 months, provided that the limited permit may be extended for no more than two additional 12-month periods 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 extensions shall not exceed 48 months total.
2. Limited diagnostic permits
   1. An applicant for a limited diagnostic permit to practice marriage and family therapy under supervision while gaining experience for the diagnostic privilege pursuant to section 8401-a of the Education Law shall:
      1. file an application for a limited diagnostic permit with the department and pay the application fee, as prescribed in section 8409(3) of the Education Law;
      2. meet all the requirements for the marriage and family therapist diagnostic privilege prescribed in section 8401-a of the Education Law, including, but not limited to, licensure and registration in New York State as a marriage and family therapist, except for the education and/or experience requirements required for the diagnostic privilege; and
      3. be under the supervision of a supervisor acceptable to the department in accordance with the requirements of section 79.10-6 of this Subpart.
   2. In accordance with the requirements of section 79-10.6 of this Subpart, the limited diagnostic permit in marriage and family therapy shall be issued for specific employment setting(s), acceptable to the department and shall identify a qualified supervisor acceptable to the department.
      1. The supervisor shall be responsible for appropriate oversight of all services provided by a limited diagnostic permit holder under his or her general supervision.
      2. No supervisor shall supervise more than five limited permit holders of any type at one time.
   3. The limited diagnostic permit in marriage and family therapy shall be valid for a period of not more than 24 months, provided that the limited diagnostic permit may be extended for no more than two additional 12 month periods at the discretion of the department if the department determines that the limited diagnostic permit holder has made good faith efforts to successfully complete the education and/or experience requirements but has not completed such education and/or experience requirement, or has other good cause as determined by the department, for not completing the education and/or experience requirements, and provided further that the time authorized by such limited diagnostic permit and subsequent extensions shall not extend 48 months in total.

A licensed marriage and family therapist may use accepted classifications of signs, symptoms, dysfunctions and disorders, such as the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association, or an equivalent classification system as determined by the department, provided that such use is consistent with the practice of marriage and family therapy as defined in section 8403(1) of the Education Law.

1. Definitions. As used in this section:
   1. "Diagnosis" means the process of distinguishing, beyond a general assessment, between similar mental, emotional, behavioral, developmental, and addictive disorders, impairments, and disabilities within a psychosocial framework on the basis of their similar and unique characteristics consistent with accepted classification systems.
   2. "Development of assessment-based treatment plans" means the development of an integrated plan of prioritized interventions, that is based on the diagnosis and psychosocial assessment of the client, to address mental, emotional, behavioral, developmental, and addictive disorders, impairments, and disabilities.
   3. "General supervision" means that a qualified supervisor shall be available for consultation, diagnosis and evaluation when professional services are being rendered by an applicant and the supervisor shall exercise the degree of supervision appropriate to the circumstances.
   4. "Face-to-face supervision" means in-person supervision provided, however, that it may also be satisfied by utilizing technology acceptable to the department, including secure video-conferencing to protect confidentiality.
2. General provisions. As authorized by subdivision (11) of section 8410 of the Education Law, effective June 24, 2022, a marriage and family therapist licensed and registered pursuant to Article 163 of the Education Law may engage in diagnosis and the development of assessment-based treatment plans in accordance with the provisions of this section.
3. Acceptable setting. The experience shall be completed in a setting acceptable to the department, as described in subdivision (d) of section 79-10.3 of this Subpart.
4. Supervision of experience. The experience shall be supervised in accordance with the requirements of this subdivision:
   1. An applicant shall obtain experience under this section while under the general supervision of a qualified supervisor. 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 wherein the supervisor 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.
   2. The supervisor shall be authorized to diagnose, provide psychotherapy and assessment-based treatment plans and 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 who was educated and trained in psychotherapy through the completion of a program in psychology registered pursuant to Part 52 of this Title or a program in psychology accredited by the American Psychological Association; 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. or had the equivalent training and experience as determined by the department; or
      4. on or after June 24, 2024, a marriage and family therapist licensed and registered under Article 163 of the Education Law who holds the diagnostic privilege authorized under section 8401-a Education Law or the equivalent as determined by the department.
5. Acceptable clinical education.
   1. To meet the clinical education requirement for the diagnostic privilege, the applicant shall cause to be submitted verification of receipt of a master's degree or higher in marriage and family therapy from a program which includes at least 60 semester hours or the equivalent, as defined in section 79-10.1 of this Subpart, and 9 clinical content as defined in paragraph (2) of this subdivision, acceptable to the Department.
   2. Clinical coursework. An applicant must demonstrate satisfactory completion of at least 12 semester hours or equivalent coursework that prepares the individual to diagnose and develop assessment-based treatment plans acceptable to the department, including coursework such as:
      1. diagnosis and assessment-based treatment planning in the practice of marriage and family therapy and psychotherapy;
      2. assessment, evaluation and diagnosis using accepted classification systems in the practice of marriage and family therapy;
      3. developing and implementing assessment-based treatment plans for the provision of marriage and family therapy services; and
   3. clinical marriage and family therapy interventions with diverse populations. Where an applicant has received a master's or higher degree pursuant to paragraph (1) of this subdivision but has not completed the clinical coursework hours required by paragraph (2) of this subdivision, such applicant may satisfy such requirement by taking post-graduate courses to remedy such deficiencies.
6. Acceptable experience. To meet the experience requirement for the diagnostic privilege an applicant shall complete supervised experience, in accordance with subdivision (d) of this section in an acceptable setting, as set forth in section 79-10.3(e) of this Subpart, that satisfies the following:
   1. An applicant who is licensed as a marriage and family therapist shall cause 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 shall include, but not be limited to, diagnosis, psychotherapy and the development of assessment based treatment plans.
   2. Not withstanding paragraph (1) of this subdivision, an applicant who is licensed as marriage and family therapist prior to June 24, 2024 may also satisfy the experience requirement of this subdivision by 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. Such licensee shall submit the privilege application, fee and all required documentation to the department on or before June 24, 2027.
7. Application. An applicant for the diagnostic privilege shall:
   1. Submit the application and pay the $175 fee for issuance of a privilege;
   2. Submit verification of licensure as a marriage and family therapist in New York;
   3. Cause to be submitted verification of acceptable clinical education, as required by subdivision (e) of this section; and (4) Cause to be submitted verification or attestation, as applicable, of supervised experience in diagnosis and assessment-based treatment plans, as required by subdivision (f) of this section.
8. Registration. The holder of a privilege issued under this section shall register with the department as a privilege holder 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 fee for such registration shall be $175 which shall be paid in addition to the triennial registration fee for the license. The registration period for a privilege holder shall be coterminous with his or her license registration.
9. Privilege duration and oversight. 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. Such a privilege shall be subject to the same oversight and disciplinary provisions as licenses issued under Title VIII of the Education Law.

An applicant seeking endorsement of a license in marriage and family therapy issued by another state, country or territory shall present evidence of:

1. age, the applicant must be at least 21 years of age;
2. licensure by another jurisdiction;
3. completion of a graduate degree in marriage and family therapy or a related field that at the time of completion qualified the applicant for licensure as a marriage and family therapist in the other jurisdiction;
4. completion of supervised experience in marriage and family therapy and psychotherapy that qualified the applicant for initial licensure in the other jurisdiction;
5. passage of an examination acceptable to the department for the practice of marriage and family therapy;
6. at least five years of experience in marriage and family therapy satisfactory to the State Board for Mental Health Practitioners, within the 10 years immediately preceding the application for licensure by endorsement in New York; and
7. 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;
8. good moral character as determined by the department;
9. acceptable licensure and discipline status in each jurisdiction in which the applicant holds a professional license.

1. Definitions. As used in this section:
   1. Acceptable accrediting agency means an organization accepted by the department as a reliable authority for the purpose of accreditation at the postsecondary level, applying its criteria for granting accreditation in a fair, consistent and nondiscriminatory manner, such as an agency recognized for this purpose by the Council for Higher Education Accreditation.
   2. Higher education institution means a degree-granting postsecondary institution accredited by an acceptable accrediting agency.
   3. Psychotherapy institute means a psychotherapy institute chartered by the Board of Regents, or an institution offering a program which meets the requirements of section 52.35 of this Title.
2. Applicability of requirements.
   1. Each licensed marriage and family therapist, required under article 163 of the Education Law to register with the department to practice in New York State, shall comply with the mandatory continuing education requirements as prescribed in subdivision (c) of this section, except those licensees exempt from the requirement or who obtain an adjustment to the requirement pursuant to paragraph (2) of this subdivision or who are subject to a different requirement pursuant to this section.
   2. Exemptions and adjustments to the requirement.
      1. Exemptions. The following licensees shall be exempt from the continuing education requirements, as prescribed in subdivision (c) of this section:
         1. licensees for the triennial registration period during which they are first licensed to practice as a licensed marriage and family therapist in New York State; and
         2. licensed marriage and family therapists who are not engaged in the practice of marriage and family therapy, as evidenced by not being registered to practice in New York State, except as otherwise prescribed in subdivision (e) of this section to meet the requirements for the resumption of practice in New York State.
      2. Adjustments to the requirement. An adjustment to the continuing education requirement, as prescribed in subdivision (c) of this section, may be made by the department, provided that the licensee documents good cause that prevents compliance or the department determines otherwise that there is good cause that prevents compliance, which shall include, but not be limited to, any of the following reasons: poor health or 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 beyond the licensee's control which in the judgment of the department, makes it impossible for the licensee to comply with the continuing education requirements in a timely manner.
3. Mandatory continuing education requirement.
   1. General requirement.
      1. During each triennial registration period, meaning a registration period of three years' duration, an applicant for registration shall complete at least 36 hours of continuing education, acceptable to the department, as defined in paragraph (2) of this subdivision. Any licensed marriage and family therapist whose first registration date following January 1, 2017 occurs less than three years from such date shall complete continuing education hours on a prorated basis at the rate of one hour of acceptable formal continuing education per month for the period beginning January 1, 2017 up to the first registration date thereafter. Such continuing education shall be completed during the period beginning January 1, 2017 and ending before the first day of the new registration period.
      2. Proration. Unless otherwise prescribed in this section, during each registration period of less than three years' duration, an applicant for registration shall complete acceptable continuing education, as defined in paragraph (2) of this subdivision and within the limits prescribed in such paragraph, on a prorated basis at a rate of one hour of continuing education per month for such registration period.
   2. Acceptable formal continuing education. To be acceptable to the department, continuing education shall meet the requirements of this paragraph. Such continuing education must be in subjects prescribed in subparagraph (i) of this paragraph and be the types of learning activities prescribed in subparagraph (ii) of this paragraph and subject to the prohibition contained in subparagraph (iii) of this paragraph.
      1. Acceptable subjects.
         1. The formal continuing education shall be in professional and clinical skills in accordance with the practice of marriage and family therapy as defined in section 8403 of the Education Law. Such subjects may include but shall not be limited to: clinical interventions and evidence-based practice; cross-disciplinary offerings from medicine, law, administration, education, behavioral and social sciences related to marriage and family therapy practice, patient communications, recordkeeping, and matters relating to law and/or ethics which contribute to professional practice in marriage and family therapy and the health, safety, and/or welfare of the public.
         2. All subject topics must be comparable to those taught in professional education programs in marriage and family therapy offered by a program that is registered under section 52.33 of the Commissioner’s Regulations.
      2. Types of learning activities. Acceptable continuing education shall be the types of learning activities prescribed in this subparagraph and shall be subject to the limitations prescribed in this subparagraph and subparagraph (iii) of this paragraph.
         1. Courses of learning. Acceptable courses of learning and other education activities must be taken from a provider who has been approved by the department on the basis of an application and fee, pursuant to subdivision (i) of this section. Formal courses of learning shall include but not be limited to, university and college credit and non-credit courses, and professional development programs and technical sessions offered by national, state and local professional associations and other organizations acceptable to the department, and any other organized educational and technical programs related to the practice of marriage and family therapy that are acceptable to the department.
         2. Other educational activities. Acceptable continuing education shall be the following other educational activities:
            1. preparing and teaching a course offered by a provider of continuing education to licensed marriage and family therapists, approved pursuant to subdivision (i) of this section, provided that such teaching shall not be acceptable where the licensee has taught the course on more than one occasion without presenting new or revised material. Continuing education hours that may be credited for this activity may include actual instructional time plus preparation time which may be up to two additional hours for each hour of presentation;
            2. preparing and teaching a course, acceptable to the department, at a higher education institution or psychotherapy institute, as defined in paragraphs (2) and (3) of subdivision (a) of this section, relating to the practice of marriage and family therapy, provided that such teaching shall not be acceptable where the licensee has taught the course on more than one occasion without presenting new or revised material. Continuing education hours that may be credited for this activity may include actual instructional time plus preparation time which may be up to two additional hours for each hour of presentation;
            3. making a technical presentation at a professional conference sponsored by an organization that is a provider of continuing education to licensed marriage and family therapists and that is approved pursuant to subdivision (i) of this section, provided that such presentation shall not be acceptable where the licensee has presented on the topic on more than one occasion without presenting new or revised material. Continuing education hours that may be credited for this activity shall include actual presentation time, plus preparation time which may be up to two additional hours for each hour of presentation;
            4. completing a self-study program, meaning structured study, offered by a provider approved pursuant to subdivision (i) of this section, that is based on audio, audio-visual, written, on-line, or other media, and does not include live instruction, transmitted in person or otherwise, during which the student may communicate and interact with the instructor and other students. Self-study may comprise no more than twelve hours of continuing education in any three-year registration period, or one-third of the hours for a registration period other than three years;
            5. authoring a first-time article published in a peer-reviewed journal or a chapter in a published book, provided that the amount of continuing education credit awarded for such activity shall be two hours; or
            6. authoring a first-time book in the practice of licensed marriage and family therapy, provided that the amount of continuing education credit awarded for such activity shall be five hours.
         3. The department may, in its discretion and as needed to contribute to the health and welfare of the public, require the completion of continuing education courses in specific subjects to fulfill this mandatory continuing education requirement.
            1. Commencing with registration periods beginning on or after April 1, 2023, a licensee shall complete, as part of the required 36 hours of continuing education, three hours of continuing education on issues related to maintaining appropriate professional boundaries between licensees and patients, from a provider approved by the department.
      3. Prohibition.
         1. Any continuing education designed for the sole purpose of personal development, marketing, business practices, and maximizing profits for the practice of a licensed marriage and family therapist shall not be considered by the department as acceptable continuing education.
         2. Supervision of a licensed marriage and family therapist, limited permit holder, student or intern in a placement that is part of a license-qualifying program, is not an acceptable subject of continuing education.
4. Renewal of registration. At each re-registration, licensed marriage and family therapists shall certify to the department that they have either complied with the continuing education requirements, as prescribed in this section, or are subject to an exemption or adjustment to such continuing education requirements, as prescribed in subdivision (b) of this section.
   1. A licensee who has not satisfied the mandatory continuing education requirements shall not practice until such requirements have been met and the licensee has been issued a registration certificate by the department, except where a licensee has been issued a conditional registration, as provided for in subdivision (f) of this section.
   2. Continuing education hours taken during one registration period may not be transferred to the subsequent registration period.
5. Requirement for lapse in practice.
   1. A licensee returning to the practice of licensed marriage and family therapy after a lapse in practice, as evidenced by not being registered to practice in New York State, whose first registration date after such lapse in practice occurs less than three years from January 1, 2017 shall be required to complete:
      1. at least one hour of acceptable continuing education for each month beginning with January 1, 2017 until the beginning of the new registration period, which shall be completed for a licensee who has not lawfully practiced marriage and family therapy continuously in another jurisdiction throughout such lapse period, in the 12-month period before the beginning of the new registration period; and for the licensee who has lawfully practiced as a licensed marriage and family therapist continuously in another jurisdiction throughout such lapse period, in the new registration period or at the option of the licensee in the period beginning 36 months before the commencement of the new registration period and ending at the conclusion of such new registration period; and
      2. for a licensee who has not lawfully practiced as a licensed marriage and family therapist continuously in another jurisdiction throughout such lapse period, at least 12 hours of acceptable continuing education in each successive 12-month period of the new registration period; and for a licensee who has lawfully practiced licensed marriage and family therapy continuously in another jurisdiction throughout such lapse period, the regular continuing education requirement during the new registration period.
   2. Except as prescribed in paragraph (1) of this subdivision for registrations therein specified, a licensee who returns to practice as a licensed marriage and family therapist after a lapse in practice in which the licensee was not registered to practice in New York State and did not lawfully practice continuously in another jurisdiction throughout the lapse period, shall be required to complete:
      1. the continuing education requirement applicable to the period of time the licensee was registered in the licensee's last registration period;
      2. at least one hour of acceptable continuing education for each month of lapsed registration up to a maximum 36 hours, which shall be completed in the 12 months before the beginning of the new registration period; and
      3. at least 12 hours of acceptable continuing education in each succeeding 12-month period, after such registration is reissued, until the next registration date.
   3. Except as prescribed in paragraph (1) of this subdivision for registrations therein specified, a licensee who returns to practice as a licensed marriage and family therapist after a lapse in practice in which the licensee was not registered to practice in New York State but did lawfully practice marriage and family therapy continuously in another jurisdiction throughout the lapse period, shall be required to complete:
      1. the continuing education requirement applicable to the period of time the licensee was registered in the licensee's last registration period; and
      2. at least one hour of acceptable continuing education for each month of lapsed registration up to a maximum of 36 hours, which shall be completed in the new registration period, or at the option of the licensee in the period beginning 36 months before the commencement of the new registration period and ending at the conclusion of the new registration period; and
      3. the regular continuing education requirement during the new registration period.
6. Conditional registration.
   1. The department may issue a conditional registration to a licensee who attests to or admits to noncompliance with the continuing education requirements of this section, provided that such licensee meets the following requirements:
      1. the licensee agrees to remedy such deficiency within the conditional registration period;
      2. the licensee agrees to complete the regular continuing education requirement at the rate of one hour of acceptable continuing education per month during such conditional registration period; and
      3. the licensee agrees to complete additional continuing education during such conditional registration period, which the department may require to ensure the licensee's proper delivery of professional marriage and family therapy services consistent with the licensee's practice as a licensed marriage and family therapist.
   2. The duration of such conditional registration shall not exceed one year and shall not be renewed or extended.
7. Licensee records. Each licensee subject to the requirements of this section shall maintain, or ensure access by the department to, a record of completed continuing education, which includes: the title of the course if a course, the type of educational activity if an educational activity, the subject of the continuing education, the number of hours of continuing education completed, the provider's name and any identifying number (if applicable), attendance verification if a course, participation verification if another educational activity, a copy of any article or book for which continuing education credit is claimed with proof of publication, and the date and location of the continuing education. Such records shall be retained for at least six years from the date of completion of the continuing education and shall be made available for review by the department in the administration of the requirements of this section.
8. Measurement of continuing education study. Continuing education credit shall be granted only for acceptable continuing education, as prescribed in subdivision (c) of this section. For continuing education courses, a minimum of 50 minutes shall equal one continuing education hour of credit. For credit-bearing university or college courses, each semester-hour of credit shall equal 15 continuing education hours of credit, and each quarter-hour of credit shall equal 10 continuing education hours of credit. Continuing education credit for other educational activities shall be awarded as described in clause (b) of subparagraph (ii) of paragraph (2) of subdivision (c) of this section or as otherwise prescribed by the department.
9. Provider approval.
   1. An entity or individual seeking approval by the department as a provider of continuing education to licensed marriage and family therapists in the form of courses of learning or self-study programs shall submit the fee prescribed in paragraph (3) of subdivision (j) of this section and meet the requirements of paragraphs (2) and (3) of this subdivision.
   2. An entity or individual eligible to apply for approval to be a provider of continuing education to licensed marriage and family therapists includes, but is not limited to:
      1. a higher education institution that offers programs that are registered pursuant to Part 52 of this Title as leading to licensure as a licensed marriage and family therapist in New York or accredited by the Commission on the Accreditation for Marriage and Family Therapy Education (COAMFTE) or a higher education institution that is accredited by an acceptable accrediting agency and that offers graduate coursework that is directly related to the enhancement of practice, skills and knowledge of licensed marriage and family therapists;
      2. a psychotherapy institute, as defined in paragraph (3) of subdivision (a) of this section that offers coursework that is directly related to the enhancement of practice, skills and knowledge of licensed marriage and family therapists;
      3. a national marriage and family therapist organization or other professional organization that promotes and protects the health, safety and welfare of the public and fosters good practice in the marriage and family therapy profession, including specialty boards, acceptable to the department;
      4. a New York State marriage and family therapist organization, acceptable to the department, that is incorporated or otherwise organized in New York State that promotes and protects the health, safety and welfare of the public and fosters good practice in the marriage and family therapy profession in the State of New York as a whole and/or a region of the State of New York;
      5. a national organization of jurisdictional boards of marriage and family therapy that promote and protect the health, safety and welfare of the public and fosters good practice in the marriage and family therapy profession;
      6. an entity operated under an operating certificate appropriately issued in accordance with articles 16, 31 or 32 of the Mental Hygiene Law;
      7. an entity, hospital or health facility defined in section 2801 of the Public Health Law; or
      8. an individual with expertise to provide continuing education to New York State licensed marriage and family therapists.
   3. Department review of providers.
      1. The department shall conduct a review of providers that apply for approval to offer continuing education to licensed marriage and family therapists.
      2. An organization or individual desiring to offer continuing education shall submit, with the fee as set forth in subdivision (j) of this section, an application for advance approval as a provider at least 90 days prior to the date of the commencement of such continuing education that documents that the organization or individual:
         1. will offer courses of learning or self-study programs in one or more of the subjects prescribed for acceptable continuing education in subparagraph (i) of paragraph (2) of subdivision (c) of this section;
         2. is an organized entity or individual, included in paragraph (2) of this subdivision, including but not limited to an institution that offers a graduate program that leads to licensure in marriage and family therapy; or a national, State, or local marriage and family therapy organization; or a hospital, behavioral health program or program serving persons with developmental disabilities; or another entity that employs licensed marriage and family therapists and possesses the expertise to offer courses/educational activities; or an individual with expertise to provide continuing education to New York State licensed marriage and family therapists; or an organization desiring to provide continuing education to New York State licensed marriage and family therapists; or an organization that proposes to offer courses of learning or self-study programs to licensed marriage and family therapists; or an organized educational entity with expertise in marriage and family therapy education and practice; and that meets the requirements of this subdivision;
         3. provides course instructor(s) who are qualified to teach the courses which will be offered, including but not limited to: faculty of a licensed marriage and family therapy program offered by a higher education institution; or instructor(s) who are specially qualified authorities in activities that are directed at developing and enhancing a licensee's practice as a licensed marriage and family therapist, as determined by the department with assistance from the State Board for Mental Health Practitioners, to conduct such courses;
         4. has a method of assessing the learning of participants, and describes such method; and
         5. will maintain records for at least six years from the date of completion of coursework, which shall include, but shall not be limited to, the name and curriculum vitae of the faculty or instructor(s), a record of attendance of licensed marriage and family therapists in the course if a course; a record of participation of licensed marriage and family therapists in the self-instructional coursework if self-instructional coursework; an outline of the course, date and location of the course, and the number of hours for completion of the course. In the event an approved provider discontinues operation, the governing body of such provider shall notify the department and shall transfer all records as directed by the department.
      3. Providers that are approved by the department pursuant to the requirements of this paragraph shall be approved for a three-year term.
      4. The department may conduct site visits of, or request information from, a provider approved pursuant to the requirements of this paragraph to ensure compliance with such requirements, and a provider shall cooperate with the department in permitting such site visits and in providing such information.
      5. A determination by the department that a provider approved pursuant to the requirements of this paragraph is not meeting the standards set forth in this paragraph shall result in the denial or termination of the approved status of the provider.
      6. Prohibition: Presenters of didactic instruction may be persons who are not licensed by the State of New York as licensed marriage and family therapists. The performance of activities that fall within the restricted scope of practice of the licensed marriage and family therapist must be done by individuals licensed and registered under article 163 of the Education Law, or those otherwise authorized by law to perform such activities, when the continuing education occurs in the State of New York.
10. Fees.
    1. At the beginning of each registration period, a mandatory continuing education fee of $45 shall be collected from licensees engaged in the practice of marriage and family therapy in New York State, except for those exempt from the requirement pursuant to subparagraph (i) of paragraph (2) of subdivision (b) of this section. This fee shall be in addition to any applicable registration fees required by sections 6507-a and 8403 of the Education Law.
    2. Licensees applying for a conditional registration, pursuant to the requirements of subdivision (f) of this section, shall pay a fee that is the same as and in addition to, any applicable fee for the triennial registration required by sections 6507-a and 8403 of the Education Law. In addition, such licensees shall pay the $45 mandatory continuing education fee.
    3. Organizations or individuals desiring to offer continuing education to licensed marriage and family therapists shall submit an application fee of $900 with the application requesting the issuance of a permit from the department to become an approved provider of a formal continuing education program. A fee of $900 shall accompany an application for a three-year renewal of the permit.

*NB Effective January 1, 2017.

1. For purposes of this section, supervision shall mean that the licensed supervisor is available for consultation, assessment and evaluation, has authorized such individual to provide the services, and exercises the degree of supervision appropriate to the circumstances.
2. In accordance with section 8403(2) of the Education Law, such individual may use the title “marriage and family therapist” but may not use the title “licensed marriage and family therapist”, “licensed family therapist” or any other designation tending to imply that the person is licensed to practice marriage and family therapy.
3. In accordance with subdivision (10) of section 8410 of the Education Law, an individual who is employed in 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 government unit as that term is defined in section 41.03 of the mental hygiene law or a social services district as defined in section sixty-one of the social services law, who holds a master’s or doctoral degree in marriage and family therapy to meet the professional education requirement for licensure as a marriage and family therapist, as prescribed in section 52.33 of this Part, shall be permitted to perform activities and services within the scope of practice of marriage and family therapy as defined in subdivision (1) of section 8403 of the Education Law, under the supervision of a psychologist, licensed clinical social worker, or marriage and family therapist, licensed and registered to practice pursuant to Articles 153, 154 or 163 of the Education Law, respectively.