Allowances for Employing Previously License-Exempt Individuals in 29-Is

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Allowances for Employing Previously License-Exempt Individuals in Article 29-I Health Facilities

TO: Article 29-I Health Facilities

DATE: August 3, 2023

29-I Health Facilities are permitted to employ and bill for services provided by unlicensed individuals who were employed by a 29-I or other authorized setting as of June 24, 2022 who continue to work at the 29-I or in another authorized setting who meet the following criteria:

  1. Students enrolled in a degree granting program leading to licensure of Licensed Master Social Worker (LMSW), Licensed Clinical Social Worker (LCSW), Licensed Mental Health Counselor (LMHC), Licensed Marriage and Family Therapist (LMFT), Licensed Psychotherapist (LP) or Licensed Creative Arts Therapist (LCAT), OR
  2. Individuals who hold a baccalaureate of social work or higher, OR
  3. Individuals who hold a master’s degree or higher in a behavioral health profession.

Unlicensed professionals must be supervised by a licensed psychiatrist, physician, psychologist, master social worker, clinical social worker, mental health counselor, marriage and family therapist, psychoanalyst, licensed creative arts therapist, nurse practitioner, or registered professional nurse.

Facilities employing license-exempt individuals must follow all required employment verification and reporting requirements including completion of the Form to Document New York State Professional Licensure Exemption as applicable.

Questions related to this announcement can be sent to BH.Transition@health.ny.gov