Social Work Licensure and Practice

1. Social Work Licensure and Practice National Association of Social Workers New York State Chapter 188 Washington Avenue Albany, NY 12210 Karin Moran, MSW Director of Policy

2. Licensed Professions • 48 professions established under Title VIII of the Education Law • Requirements for licensure • Defined scope of practice • Restriction on use of title and practice to those licensed or authorized • Penalties for illegal practice or unprofessional conduct by licensees

3. Prior to Licensure • Practice of psychotherapy was not regulated and public was not protected • New York provided title protection for “licensed psychologists” and “certified social workers” • Reimbursement under Insurance Law (P and R Privilege – see later slide) • Legislation passed in 2002, implemented in 2004

4. Practice Defined Under NYS Education Law • Only those licensed or under limited permit can practice LMSW and LCSW and use titles • Exemptions for students under appropriate supervision, certain occupations and professions allow performance of activities defined in law but not the use of the protected title • Exemptions until 7/1/2013 for individuals in programs regulated, funded, operated or approved by OMH, OPWDD, OASAS, OCFS, DOH, SOFA, DOCS, local social service or mental hygiene districts

5. Licensed Master Social Worker Qualifications • Earn an MSW degree from registered program in LMSW or LCSW • File application and fee ($294) • At least 21 and of good moral character • Pass the ASWB Master’s Examination • Complete approved coursework in child abuse identification or file exemption

6. Licensed Clinical Social Worker Requirements • Licensed as an LMSW to meet the requirements for supervised experience • Submit application for licensure as LCSW and fee ($294) • Submit education in clinical social work, including 12 semester hours of clinical content acceptable to the Department • Course work may be part of initial M.S.W. degree or completed after receipt of the M.S.W. degree in an approved degree-granting school • Complete 2,000 hours (in no less than 3 years, no more than six years)of appropriately supervised experience in diagnosis, psychotherapy, and assessment-based treatment planning, acceptable to the Department • Experience must be after receipt of degree • New Regulations allow for aggregation of clinical hours • New Regulations allow for an aggregation of supervision…100 hours per 2,00O hours of experience. All can be completed in group setting. • Pass ASWB Clinical examination

7. LCSW Experience Exception In January of 2009, The NYS Education Department released a notice announcing the decision of their Committee on the Professions (COP) regarding the determination to accept experience for licensure as a licensed clinical social worker that was completed in a private practice owned by the applicant and/or under a supervisor who was employed by the applicant, provided that such experience otherwise satisfies the requirements set forth in section 74.3 of the Regulations of the Commissioner of Education and is otherwise in compliance with all applicable laws and regulations, and further provided that in order to be acceptable under this vote, the experience must have been commenced prior to February 2, 2009 and the application must be submitted to the Department no later than February 2, 2015 on forms prescribed by the Department. 

8. Profession may only be practiced in legal setting • LMSW may own and operate a practice that provides LMSW services but NOT clinical social work • LCSW is authorized to own and operate a practice that provides clinical social work services • Professional entity (foreign or domestic) • Professional corporation • Professional limited liability partnership • Professional limited liability corporation • Facility approved by state or local government to provide clinical social work services (e.g., OMH clinic)

9. Corporate Practice Setting • Due to prohibitions in New York State law against the "corporate practice" of the professions, certain not-for-profit, religious and educational corporations that are providing professional services must apply for a waiver to continue providing those professional services. • Waiver applications can be found at http://www.op.nysed.gov/waiver-corporate-practice.htm

10. How to determine legal setting for practice? Operating certificate from State government to provide services (e.g., OMH Article 31 clinic) The State Education Department has developed an optional prospective review mechanism, a measure that will allow the LMSW to submit a plan for supervised experience in a specific setting for review and approval by the State Board for Social Work, thus alleviating the potential risk for applicants completing three years of experience, only to learn, it was acquired in an unauthorized setting, the scope of work is not sufficient or the supervision not appropriate. Applications can be located on the SED website (form 6) at http://www.op.nysed.gov/prof/sw/lcsw6.pdf 10

11. Licensed Practice • License valid for life unless revoked, annulled or suspended by Regents • Must register to practice the profession • Practice within scope and competence but no mandatory CE for registration • Practice in legal setting or entity • Comply with laws, rules and regulations • Professional or criminal actions may result in professional discipline

12. Who defines practice? • Education Law defines qualifications for licensure and practice of social work • Insurance Law establishes the psychotherapy privileges • Civil Practice Law establishes privileged communication • Public Health Law establishes requirements for record keeping and access to records by patients • Commissioner’s Regulations clarify the requirements for licensure and practice

13. LMSW Scope of Practice 7701. Definitions. 1. Practice of licensed master social work. (a) The practice of licensed master social work shall mean the professional application of social work theory, principles, and the methods to prevent, assess, evaluate, formulate and implement a plan of action based on client needs and strengths, and intervene to address mental, social, emotional, behavioral, developmental, and addictive disorders, conditions and disabilities, and of the psychosocial aspects of illness and injury experienced by individuals, couples, families, groups, communities, organizations, and society. (b) Licensed master social workers engage in the administration of tests and measures of psychosocial functioning, social work advocacy, case management, counseling, consultation, research, administration and management, and teaching. (c) Licensed master social workers provide all forms of supervision other than supervision of the practice of licensed clinical social work as defined in subdivision two of this section. (d) Licensed master social workers practice licensed clinical social work in facility settings or other supervised settings approved by the department under supervision in accordance with the commissioner’s regulations.

14. Supervision of LMSW providing Clinical Services • Supervisor is legally and professionally responsible for assessment, diagnosis and treatment of each patient seen by the LMSW or permit holder • For purpose of improving skills and the assurance of ongoing review of patient treatment. • Supervision must be provided by an LCSW; a licensed psychologist; or physician (psychiatrist) • Supervisor must provide at least 100 hours of in-person individual or group clinical supervision, distributed appropriately over the period of the supervised experience. • The supervisor is responsible for maintaining records of the supervised experience, including client contact hours and supervision hours, and then submitting verification of the applicant’s experience to the Department.

15. Third-party supervision • If employer does not provide appropriate supervision, the agency may contract with supervisor who meets requirements • Written contract between LMSW, agency and supervisor • Supervisor has access to patients & records • Patient consent including how to contact supervisor with questions or concerns • Payment should be responsibility of employer

16. LCSW scope of practice Includes the LMSW scope of practice and: • Diagnosis of mental, emotional, behavioral, addictive and developmental disorders and disabilities; • Psychosocial aspects of illness, injury, disability and impairment within a psychosocial framework • Administration and interpretation of tests and measures of psychosocial functioning

17. LCSW scope continued… • Development and implementation of appropriate assessment-based treatment plans • Provision of crisis-oriented psychotherapy and brief, short-term and long-term psychotherapy and psychotherapeutic treatment to individuals, couples, families and groups, habilitation, psychoanalysis and behavior therapy; • All undertaken for purpose of preventing, assessing, treating, ameliorating and resolving psychosocial dysfunction with the goal of maintaining and enhancing the mental, emotional, behavioral and social functioning and well-being of individuals, couples, families, small groups, organizations, communities and society

18. Psychotherapy privilege available to certain LCSWs Supervision Applicants seeking the “R” privilege are now required to submit a supervisory experience plan prior to commencement of such supervised experience. The form can be located at www.op.nysed.gov/prof/sw/swpr6.pdf In addition; such applicants must be supervised by an individual holding an R credential as opposed to the longstanding practice and allowance of peer supervision. Such supervision must be two or more hours per month

19. “R” Privilege continued… Experience Experience for the R privilege remains at 2400 hours over the course of three years, however, effective January 2011, such experience may not commence until the individual has obtained their LCSW.

20. “R” Privilege continued… Application Fee The application fee for the R privilege has increased from $85.00 to $100.00

21. Supervision of BSW • Education Law allows Bachelor of Social Work (BSW) or equivalent to practice licensed master social work under supervision of LMSW or LCSW • Does not authorize practice of clinical social work even under supervision • Regulations require general supervision of BSW that is appropriate to tasks • Regulations define BSW degree from a NYS registered or CSWE-accredited program • Supervisor is legally and professionally responsible for actions of BSW

22. Serve as a community organizer, planner, or administrator for social service programs in any setting. Provide supervision and/or consultation to individuals, groups, institutions and agencies. Serve as a faculty member or instructor in an educational setting. Plan and/or conduct research projects and program evaluation studies. Maintain familiarity with both professional and self-help systems in the community in order to assist the client in those services when necessary Consult with other agencies on problems and cases served in common and coordinating services among agencies or providing case management. Assist individuals or groups with difficult day to day problems such as finding employment, locating sources of assistance, organizing community groups to work on a specific problem. Conduct data gathering on social problems. Serve as an advocate for those clients or groups of clients whose needs are not being met by available programs or by a specific agency. Assess, evaluate and formulate a plan of action based on client need. Provide training to community groups, agencies, and other professionals. Provide administrative supervision. Tasks within scope that do not require licensure

23. Prohibited practices by LMSW or LCSW Unprofessional conduct is defined in Part 29.15 of Regents Rules 2. Any individual whose license or authority to practice derives from the provisions of this article shall be prohibited from: (a) prescribing or administering drugs as defined in this chapter as a treatment, therapy, or professional service in the practice of his or her profession; or (b) using invasive procedures as a treatment, therapy, or professional service in the practice of his or her profession. For purposes of this subdivision, "invasive procedure" means any procedure in which human tissue is cut, altered, or otherwise infiltrated by mechanical or other means. Invasive procedure includes surgery, lasers, ionizing radiation, therapeutic ultrasound, or electroconvulsive therapy.

24. Reciprocity? • While NY State does not offer “reciprocity” from one state to another regarding the licensure of social work, new regulations do offer “endorsements” to applicants relocating and seeking licensure in NY State. • Such endorsement applicants need to possess “At least 10 years of licensed practice during the 15 years immediately preceding the application for licensure in New York. • In addition, the applicant must demonstrate: licensure as a LCSW on the basis of an a master’s degree in social work from an acceptable school, post-degree supervised clinical experience, and the passage of a clinical examination in social work acceptable to the department. • The applicant must also be of good character, complete coursework in the identification and reporting of suspected child abuse, and submit the application for licensure and fee established in law and regulation.”

25. Questions ? Contact Karin Moran, MSW, Director of Policy for the NYS Chapter of NASW at karinmoran@naswnys.org or 518-463-4741 ext 16

26. Additional Contact Information: • NYS Education Department, Office of the Professions, State Board for Social Work Education Building, 89 Washington Ave, 2nd Floor, Albany, New York 12234 Web: www.op.nysed.gov/sw.htm Phone: 518-474-3817 ext. 450 or email SWBD@mail.nysed.gov • Association of Social Work Boards (exam) www.aswb.org or Phone: 1-800-225-6880 • National Association of Social Workers – New York State Chapter at www.naswnys.org or Phone: 1-800-724-6279