N.Y. Comp. Codes R. & Regs. tit. 14, § 599.9 – Staffing.

(a) A provider of service shall continuously have an adequate number and appropriate mix of staff to carry out the objectives of the clinic treatment program and to assure the outcomes of the program. The provider shall have a staffing plan that documents the staff qualifications, including training, clinical experience with adults diagnosed with mental illness or children diagnosed with emotional disturbance, and supervisory experience in a clinical setting, the appropriateness of the mix of staff, the assignment of staff to the primary program site and any approved satellite locations, and the supervisory relationships among the staff. The plan shall also detail any proposed use of students, or non-licensed staff, and their supervision and oversight. Such plan shall be subject to review and approval by the office at the time of issuance or renewal of the program's operating certificate, and shall demonstrate sufficient coverage by qualified psychiatrists and medical staff to meet the needs of program enrollees.
(b) The following individuals may provide services, within their defined scopes of practice or as otherwise permitted by law:
1. (1) creative arts therapists;
2. (2) family advisors;
3. (3) licensed practical nurses;
4. (4) marriage and family therapists;
5. (5) mental health counselors;
6. (6) nurse practitioners;
7. (7) nurse practitioners in psychiatry;
8. (8) peer advocates;
9. (9) permit holders;
10. (10) physicians;
11. (11) physician assistants - for physical health only, except as otherwise provided in this Part;
12. (12) psychiatrists;
13. (13) psychoanalysts;
14. (14) psychologists;
15. (15) registered professional nurses;
16. (16) social workers;
17. (17) students, provided they are participating in a program approved by the New York State Education Department that leads to a degree or license in one of the clinic’s professional disciplines, and in accordance with the following:
  1. (i) students must be supervised and evaluated according to a signed agreement between the clinic provider and a New York State Education Department-approved educational program, and pursuant to the clinic provider’s policies and procedures for student placements and clinical supervision;
  2. (ii) students must be part of a staffing plan that is approved by the office;
18. (18) non-licensed staff is limited to the provision of crisis intervention services pursuant to this Part, except as provided in subdivision (d) or (e) of this section.
(c) All clinic staff of providers licensed solely under article 31 of the Mental Hygiene Law who are directly involved in providing services shall submit to criminal background checks. All clinic staff with the potential for regular and substantial contact with children in performance of their duties shall submit to clearance by the New York Statewide Central Register of Child Abuse and Maltreatment. Clinic staff members who have not been screened by the New York Statewide Central Register of Child Abuse and Maltreatment shall not perform duties requiring contact with children unless there is another staff member present.
(d) The office may approve other qualified staff, as appropriate.
(e) The office may approve the transition of programs to heightened licensure requirements set by the New York State Education Department or other licensing or credentialing authority to the extent permitted by law.