National Association of Social Workers New York State Chapter 188 Washington Avenue Albany, NY Karin Moran, MSW Director of Policy

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1 Social Work Licesure ad Practice Natioal Associatio of Social Workers New York State Chapter 188 Washigto Aveue Albay, NY Kari Mora, MSW Director of Policy 1

2 Licesed Professios 48 professios established uder Title VIII of the Educatio Law Requiremets for licesure Defied scope of practice Restrictio o use of title ad practice to those licesed or authorized Pealties for illegal practice or uprofessioal coduct by licesees 2

3 Prior to Licesure Practice of psychotherapy was ot regulated ad public was ot protected New York provided title protectio for licesed psychologists ad certified social workers Reimbursemet uder Isurace Law (P ad R Privilege see later slide) Legislatio passed i 2002, implemeted i

4 Practice Defied Uder NYS Educatio Law Oly those licesed or uder limited permit ca practice LMSW ad LCSW ad use titles Exemptios for studets uder appropriate supervisio, certai occupatios ad professios allow performace of activities defied i law but ot the use of the protected title Exemptios util 7/1/2013 for idividuals i programs regulated, fuded, operated or approved by OMH, OPWDD, OASAS, OCFS, DOH, SOFA, DOCS, local social service or metal hygiee districts 4

5 Licesed Master Social Worker Qualificatios Ear a MSW degree from registered program i LMSW or LCSW File applicatio ad fee ($294) At least 21 ad of good moral character Pass the ASWB Master s Examiatio Complete approved coursework i child abuse idetificatio or file exemptio 5

6 Licesed Cliical Social Worker Requiremets Licesed as a LMSW to meet the requiremets for supervised experiece Submit applicatio for licesure as LCSW ad fee ($294) Submit educatio i cliical social work, icludig 12 semester hours of cliical cotet acceptable to the Departmet Course work may be part of iitial M.S.W. degree or completed after receipt of the M.S.W. degree i a approved degreegratig school Complete 2,000 hours (i o less tha 3 years, o more tha six years)of appropriately supervised experiece i diagosis, psychotherapy, ad assessmet-based treatmet plaig, acceptable to the Departmet Experiece must be after receipt of degree New Regulatios allow for aggregatio of cliical hours New Regulatios allow for a aggregatio of supervisio 100 hours per 2,00O hours of experiece. All ca be completed i group settig. Pass ASWB Cliical examiatio 6

7 LCSW Experiece Exceptio I Jauary of 2009, The NYS Educatio Departmet released a otice aoucig the decisio of their Committee o the Professios (COP) regardig the determiatio to accept experiece for licesure as a licesed cliical social worker that was completed i a private practice owed by the applicat ad/or uder a supervisor who was employed by the applicat, provided that such experiece otherwise satisfies the requiremets set forth i sectio 74.3 of the Regulatios of the Commissioer of Educatio ad is otherwise i compliace with all applicable laws ad regulatios, ad further provided that i order to be acceptable uder this vote, the experiece must have bee commeced prior to February 2, 2009 ad the applicatio must be submitted to the Departmet o later tha February 2, 2015 o forms prescribed by the Departmet. 7

8 Professio may oly be practiced i legal settig LMSW may ow ad operate a practice that provides LMSW services but NOT cliical social work LCSW is authorized to ow ad operate a practice that provides cliical social work services Professioal etity (foreig or domestic) Professioal corporatio Professioal limited liability partership Professioal limited liability corporatio Facility approved by state or local govermet to provide cliical social work services (e.g., OMH cliic) 8

9 Corporate Practice Settig Due to prohibitios i New York State law agaist the "corporate practice" of the professios, certai ot-for-profit, religious ad educatioal corporatios that are providig professioal services must apply for a waiver to cotiue providig those professioal services. Waiver applicatios ca be foud at 9

10 How to determie legal settig for practice? Operatig certificate from State govermet to provide services (e.g., OMH Article 31 cliic) The State Educatio Departmet has developed a optioal prospective review mechaism, a measure that will allow the LMSW to submit a pla for supervised experiece i a specific settig for review ad approval by the State Board for Social Work, thus alleviatig the potetial risk for applicats completig three years of experiece, oly to lear, it was acquired i a uauthorized settig, the scope of work is ot sufficiet or the supervisio ot appropriate. Applicatios ca be located o the SED website (form 6) at 10

11 Licesed Practice Licese valid for life uless revoked, aulled or suspeded by Regets Must register to practice the professio Practice withi scope ad competece but o madatory CE for registratio Practice i legal settig or etity Comply with laws, rules ad regulatios Professioal or crimial actios may result i professioal disciplie 11

12 Who defies practice? Educatio Law defies qualificatios for licesure ad practice of social work Isurace Law establishes the psychotherapy privileges Civil Practice Law establishes privileged commuicatio Public Health Law establishes requiremets for record keepig ad access to records by patiets Commissioer s Regulatios clarify the requiremets for licesure ad practice 12

13 LMSW Scope of Practice Defiitios. 1. Practice of licesed master social work. (a) The practice of licesed master social work shall mea the professioal applicatio of social work theory, priciples, ad the methods to prevet, assess, evaluate, formulate ad implemet a pla of actio based o cliet eeds ad stregths, ad itervee to address metal, social, emotioal, behavioral, developmetal, ad addictive disorders, coditios ad disabilities, ad of the psychosocial aspects of illess ad ijury experieced by idividuals, couples, families, groups, commuities, orgaizatios, ad society. (b) Licesed master social workers egage i the admiistratio of tests ad measures of psychosocial fuctioig, social work advocacy, case maagemet, couselig, cosultatio, research, admiistratio ad maagemet, ad teachig. (c) Licesed master social workers provide all forms of supervisio other tha supervisio of the practice of licesed cliical social work as defied i subdivisio two of this sectio. (d) Licesed master social workers practice licesed cliical social work i facility settigs or other supervised settigs approved by the departmet uder supervisio i accordace with the commissioer s regulatios. 13

14 Supervisio of LMSW providig Cliical Services Supervisor is legally ad professioally resposible for assessmet, diagosis ad treatmet of each patiet see by the LMSW or permit holder For purpose of improvig skills ad the assurace of ogoig review of patiet treatmet. Supervisio must be provided by a LCSW; a licesed psychologist; or physicia (psychiatrist) Supervisor must provide at least 100 hours of i-perso idividual or group cliical supervisio, distributed appropriately over the period of the supervised experiece. The supervisor is resposible for maitaiig records of the supervised experiece, icludig cliet cotact hours ad supervisio hours, ad the submittig verificatio of the applicat s experiece to the Departmet. 14

15 Third-party supervisio If employer does ot provide appropriate supervisio, the agecy may cotract with supervisor who meets requiremets Writte cotract betwee LMSW, agecy ad supervisor Supervisor has access to patiets & records Patiet coset icludig how to cotact supervisor with questios or cocers Paymet should be resposibility of employer

16 LCSW scope of practice Icludes the LMSW scope of practice ad: Diagosis of metal, emotioal, behavioral, addictive ad developmetal disorders ad disabilities; Psychosocial aspects of illess, ijury, disability ad impairmet withi a psychosocial framework Admiistratio ad iterpretatio of tests ad measures of psychosocial fuctioig 16

17 LCSW scope cotiued Developmet ad implemetatio of appropriate assessmet-based treatmet plas Provisio of crisis-orieted psychotherapy ad brief, shortterm ad log-term psychotherapy ad psychotherapeutic treatmet to idividuals, couples, families ad groups, habilitatio, psychoaalysis ad behavior therapy; All udertake for purpose of prevetig, assessig, treatig, amelioratig ad resolvig psychosocial dysfuctio with the goal of maitaiig ad ehacig the metal, emotioal, behavioral ad social fuctioig ad well-beig of idividuals, couples, families, small groups, orgaizatios, commuities ad society 17

18 Psychotherapy privilege available to certai LCSWs Supervisio Applicats seekig the R privilege are ow required to submit a supervisory experiece pla prior to commecemet of such supervised experiece. The form ca be located at I additio; such applicats must be supervised by a idividual holdig a R credetial as opposed to the logstadig practice ad allowace of peer supervisio. Such supervisio must be two or more hours per moth 18

19 R Privilege cotiued Experiece Experiece for the R privilege remais at 2400 hours over the course of three years, however, effective Jauary 2011, such experiece may ot commece util the idividual has obtaied their LCSW. 19

20 R Privilege cotiued Applicatio Fee The applicatio fee for the R privilege has icreased from $85.00 to $

21 Supervisio of BSW Educatio Law allows Bachelor of Social Work (BSW) or equivalet to practice licesed master social work uder supervisio of LMSW or LCSW Does ot authorize practice of cliical social work eve uder supervisio Regulatios require geeral supervisio of BSW that is appropriate to tasks Regulatios defie BSW degree from a NYS registered or CSWE-accredited program Supervisor is legally ad professioally resposible for actios of BSW

22 Tasks withi scope that do ot require licesure Serve as a commuity orgaizer, plaer, or admiistrator for social service programs i ay settig. Provide supervisio ad/or cosultatio to idividuals, groups, istitutios ad agecies. Serve as a faculty member or istructor i a educatioal settig. Pla ad/or coduct research projects ad program evaluatio studies. Maitai familiarity with both professioal ad self-help systems i the commuity i order to assist the cliet i those services whe ecessary Cosult with other agecies o problems ad cases served i commo ad coordiatig services amog agecies or providig case maagemet. Assist idividuals or groups with difficult day to day problems such as fidig employmet, locatig sources of assistace, orgaizig commuity groups to work o a specific problem. Coduct data gatherig o social problems. Serve as a advocate for those cliets or groups of cliets whose eeds are ot beig met by available programs or by a specific agecy. Assess, evaluate ad formulate a pla of actio based o cliet eed. Provide traiig to commuity groups, agecies, ad other professioals. Provide admiistrative supervisio. 22

23 Prohibited practices by LMSW or LCSW Uprofessioal coduct is defied i Part of Regets Rules 2. Ay idividual whose licese or authority to practice derives from the provisios of this article shall be prohibited from: (a) prescribig or admiisterig drugs as defied i this chapter as a treatmet, therapy, or professioal service i the practice of his or her professio; or (b) usig ivasive procedures as a treatmet, therapy, or professioal service i the practice of his or her professio. For purposes of this subdivisio, "ivasive procedure" meas ay procedure i which huma tissue is cut, altered, or otherwise ifiltrated by mechaical or other meas. Ivasive procedure icludes surgery, lasers, ioizig radiatio, therapeutic ultrasoud, or electrocovulsive therapy. 23

24 Reciprocity? While NY State does ot offer reciprocity from oe state to aother regardig the licesure of social work, ew regulatios do offer edorsemets to applicats relocatig ad seekig licesure i NY State. Such edorsemet applicats eed to possess At least 10 years of licesed practice durig the 15 years immediately precedig the applicatio for licesure i New York. I additio, the applicat must demostrate: licesure as a LCSW o the basis of a a master s degree i social work from a acceptable school, post-degree supervised cliical experiece, ad the passage of a cliical examiatio i social work acceptable to the departmet. The applicat must also be of good character, complete coursework i the idetificatio ad reportig of suspected child abuse, ad submit the applicatio for licesure ad fee established i law ad regulatio. 24

25 Questios? Cotact Kari Mora, MSW, Director of Policy for the NYS Chapter of NASW at or ext 16 25

26 Additioal Cotact Iformatio: NYS Educatio Departmet, Office of the Professios, State Board for Social Work Educatio Buildig, 89 Washigto Ave, 2 d Floor, Albay, New York Web: Phoe: ext. 450 or SWBD@mail.ysed.gov Associatio of Social Work Boards (exam) or Phoe: Natioal Associatio of Social Workers New York State Chapter at or Phoe:

Authorization for Verification of Academic Records/Transcripts

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