Protesting Regs for Article 163 Re: Psychoanalysis

PETITION TO THE STATE EDUCATION DEPARTMENT

We, the undersigned, wish to register our deep disappointment and most strenuous objections to the proposed regulations published on December 1, 2004 with respect to the licensing of psychoanalysts according to Article 163 of the Education Law. The proposed implementing regulations are egregiously out of alignment with the prevailing educational standards in the field of psychoanalysis. If they are not significantly improved, the new licensing law will endanger, rather than protect, the public safety and well-being.


Our primary objection concerns the definition of psychoanalysis. Psychoanalysis is a unique form of psychological treatment characterized by a sustained level of psychological depth and intensity that is the product of a higher frequency of sessions than is customary in other forms of psychological treatment. This higher frequency is required to engender the emotional processes that are fundamental to the conduct of psychoanalysis. Treatment conducted at a lesser frequencies differs significantly from psychoanalysis, and is conventionally defined as psychotherapy. In fact, the higher frequency of sessions is a critical feature that differentiates psychoanalysis from psychotherapy.


The definition of psychoanalysis in section 8405(1) of the Education Law does not explicitly set forth standards with regard to the frequency of sessions. However, a high frequency of sessions is a defining feature of this specialized form of treatment and, in keeping with prevailing educational norms, should be inferred from the statute and reflected in the regulations.

Why is this important?

The application of the technical procedures of psychoanalytic treatment requires significant training and experience in the conduct of high frequency psychoanalysis. These techniques cannot be safely and effectively employed by persons who are not fully trained to conduct a high frequency psychoanalysis. Training in psychoanalysis must include the supervised conduct of high frequency analysis under supervision, as well as a deep personal analysis conducted at a high frequency.

The regulations as presently written do not specify any minimum frequency of sessions for an applicants personal analysis or supervised clinical experience. This means that any licensed psychoanalyst will be authorized by law to conduct a customary, high frequency psychoanalytic treatment without ever having undergone or conducted such a high-frequency treatment under supervision. Without regulations to ensure that licensees in psychoanalysis are, in fact, educated to conduct psychoanalysis as this term is generally employed and understood by any reasonable member of the lay public or by any reasonable mental health professional, the state will be licensing practitioners to provide a service for which they have not been trained, inadvertently exposing the public to the very danger the law was written to prevent.


We therefore propose additional regulations to correct these remaining omissions in the proposed regulations. Our recommendations are based upon the core educational standards established by the Accreditation Council for Psychoanalytic Education (ACPE). ACPE is an independent organization whose establishment grew out of years of cooperation among the component organizations of the Psychoanalytic Consortium, which includes: The American Academy of Psychoanalysis and Dynamic Therapy, the American Psychoanalytic Association, the Division for Psychoanalysis of the American Psychological Association (Division 39), and the National Membership Committee for Psychoanalysis in Social Work.

We strongly urge the State Education Department to act now to include a frequency standard in the regulations, and to institute additional regulations needed to bring the licensing standards of New York State into conformity with the prevailing minimum standards for psychoanalytic education and practice in the United States. By adopting our recommendations, the State Education Department will accomplish the law's intent and best serve the public interest.


RECOMMENDATIONS TO THE STATE EDUCATION DEPARTMENT

Our recommendations to the State Education Department are stated in bulleted form below. We have omitted lengthy discussions of our thinking with respect to each of these issues in order to facilitate your review of the recommendations. We would be happy to submit a more detailed explanation of our views at the request of the Department.

In brief, we recommend regulations to insure that:

personal analysis of the licensee is conducted at a minimum frequency of three (3) sessions per week;

supervised analysis be defined as supervision of psychoanalysis conducted with patients at a minimum frequency of three (3) sessions per week;

personal analysis of the licensee be performed by either a licensed psychoanalyst or a psychoanalyst who is licensed in an exempt profession with at least five years of experience after completion of analytic training;

supervised analysis be conducted by either a licensed psychoanalyst or a psychoanalyst who is licensed in an exempt profession with at least five (5) years of experience after completion of analytic training;

supervised clinical experience include clinical experience in the conduct of psychoanalysis conducted at a minimum frequency of three (3) sessions per week;

supervised clinical experience include at least two (2) analyses conducted at a minimum frequency of three (3) sessions per week, which have been carried for a minimum of one and two years, respectively, the second of which having been carried to completion even if this has gone beyond graduation from the institute;

supervised clinical experience shall be supervised by a psychoanalyst with at least five (5) years of experience after completion of analytic training;Protesting Proposed Regulations to Article 163

case narratives submitted to the State Board for examination for licensure be narratives of cases conducted at a minimum frequency of three (3) sessions per week;

rules pertaining to alternative requirements for licensing, contained in Subpart 79-12.6 (a) (6) of the proposed regulations, shall include 300 clock hours of personal analysis, conducted at a minimum frequency of three (3) sessions per week.