TO: / The Professional Practice Committee
FROM: / Frank Muñoz
SUBJECT: / Proposed Amendment to the Regulations of the Commissioner of Education Relating to Limited Permits for Licensed Master Social Workers and Licensed Clinical Social Workers and Experience, Supervision, and Endorsement Requirements for Licensure as a Licensed Clinical Social Worker
DATE: / June 8, 2010
STRATEGIC GOAL: / Goal 3
AUTHORIZATION(S):
Summary
Issue for Discussion
Should the Regents amend sections 74.3, 74.4, 74.5, 74.6, and 74.7 and add a new section 74.9 of the Regulations of the Commissioner of Education relating to limited permits for licensed master social workers (LMSW) and licensed clinical social workers (LCSW) and experience, supervision, and endorsement requirements for licensure as a LCSW in New York?
Reason(s) for Consideration
Review of policy.
Proposed Handling
The proposed amendment is before the Professional Practice Committee for a recommendation and will be presented to the Full Board for emergency action at its June 2010 meeting.
Procedural History
A Notice of Proposed Rule Making will be published in the State Register on June 30, 2010. A Notice of Emergency Action will be published in the State Register on July 14, 2010. Supporting materials for the proposed amendment are available upon request from the Secretary to the Board of Regents.
Chapter 420 of the Laws of 2002 amended Article 154 of the Education Law, effective September 1, 2004, making social work a practice-protected profession. Prior to Chapter 420, social work was a title-protected profession only. The new statute established two levels of social work practice, licensed master social work and licensed clinical social work, and prescribed requirements for licensure in each of these two new professions.
In June 2004, the Board of Regents adopted regulations for licensure in the field of social work. Subsequently, the Legislature enacted Chapter 230 of the Laws of 2004, which changed a number of the licensure requirements. In February 2005, the Board of Regents adopted changes in the Commissioner’s regulations to conform them to the legislative amendments, including those relating to experience requirements for licensure as a LCSW. In November 2007, the Board of Regents approved changes to clarify the requirements for individual and group clinical supervision of a LMSW and to require approval of the applicant’s experience for entry to the clinical licensing examination.
In April 2010, this Committee discussed conceptual changes in the regulations that define the practice of clinical social work by an LMSW, who may only practice clinical social work under supervision, and the requirements for licensure as a LCSW. We have developed the proposed amendments to the regulations to reflect the conceptual agreement that the Office of the Professions and the State Board for Social Work have reached with the stakeholders, including professional associations and the not-for-profit and government agencies that employ LMSWs and LCSWs. We recommend that the Board of Regents adopt the proposed amendments as an emergency action in order to expedite the processing of applications for licensure as a LCSW in New York and to provide clarity regarding acceptable supervised experience for licensure as a LCSW to ensure public protection. A statement of facts and circumstances which necessitate emergency adoption of the regulations is attached.
Background Information
Section 7704(2) of the Education Law requires an applicant seeking licensure as a LCSW to complete three years of full-time supervised post-graduate clinical social work experience in diagnosis, psychotherapy and assessment-based treatment planning, or its part-time equivalent obtained over a period of not more than six years. The law does not require the applicant to complete any other social work experience, although the practice of licensed clinical social work includes other activities, including case management, advocacy, and testing. Such activities are not acceptable toward completion of the experience requirement under the current law. The proposed amendments to the regulations require an applicant to complete 2,000 client contact hours in diagnosis, psychotherapy, and assessment-based treatment planning over a period of not less than 36 months and not more than 72 months under a qualified supervisor. While this is a 30 percent reduction from the current requirement for 2,880 client contact hours over the same period of time, it is still among the highest requirements for clinical hours in the U.S., and the Department believes 2,000 client contact hours provides sufficient experience to ensure client protection once the applicant is licensed.
The proposed amendment to section 74.3 of the Commissioner’s regulations clarifies the experience requirements for licensure as a LCSW in New York. The amendments require an applicant for licensure to complete the required experience as a LMSW or permit holder in New York, except in certain limited circumstances. For experience completed in another jurisdiction, the experience must be obtained after the applicant completes their master’s degree. The amendment requires the applicant to complete the experience in an acceptable setting under a qualified supervisor, as defined in section 74.6 of the Commissioner’s regulations. The proposed amendment requires the supervisor to maintain records of the applicant’s client contact hours and supervision and to submit verification of the client contact hours and supervision on forms prescribed by the Commissioner.
The proposed amendment also amends section 74.4 of the Commissioner’s regulations to clarify that limited permit applicants must be of good moral character and that the permit may only be issued for work in an authorized setting under a qualified supervisor. In addition, the amendment strengthens the requirement that the supervisor is responsible for the services provided by the permit holder and limits a licensee to supervising no more than five permit holders at any one time. Since the permit holder is only authorized to practice under supervision, this restriction is appropriate for public protection and consistent with the requirements in other professions. A LMSW or LCSW permit holder who is practicing clinical social work under supervision must be under general supervision as defined in the proposed amendment.
Currently, section 74.5 of the Commissioner’s regulations establishes the fee and experience requirements for a LCSW to qualify for the insurance privilege established in section 3221(l)(4)(D) or 4303(n) of the Insurance Law. The proposed amendments increase the application fee from $85 to $100 and continue the requirement that the applicant complete 2,400 client contact hours of psychotherapy. The proposal also specifies that the experience must be after licensure as an LCSW over a period of not less than three years. Under the proposed amendment, the applicant would have to have no less than 400 client contact hours in any one year in order to qualify for the privilege. In order to clarify the process of meeting the requirements in Insurance Law, the proposed amendment also defines an acceptable setting for the practice of licensed clinical social work and requires a LCSW to submit for approval by the State Board for Social Work a plan for appropriate supervision. The amendment also defines acceptable supervision for the privilege as two or more hours per month of individual or group consultation or enrollment in a program in psychotherapy offered by an institution of higher education or by a psychotherapy institute chartered by the Board of Regents. This amendment eliminates peer supervision, which is not authorized by the Insurance Law, and clarifies the pathway to the insurance privilege.
The proposed amendments to section 74.6 of the Regulations of the Commissioner of Education establish the supervision requirements for a licensed master social worker providing clinical social work services. A LMSW who has submitted an application for licensure as a LCSW must maintain registration as a LMSW in New York and may only practice under supervision until licensed as a LCSW. The amendments clarify what constitutes an acceptable setting for the practice of clinical social work and require the supervisor to provide at least 100 hours of individual or group supervision to the LMSW, distributed appropriately over a period of at least 36 months. The LMSW would also be able to submit a plan for supervised experience toward licensure as a LCSW, for review and approval by the State Board for Social Work. By obtaining such approval prior to starting a position, an applicant would be able to avoid working for three years in a position which cannot be accepted toward meeting the experience requirements for licensure as a LCSW because the setting or supervisor was not authorized by law and/or regulation. The State Board’s review and approval of the voluntary plan would both protect the public and provide assurances to the LMSW that the setting and supervisor are authorized to engage in the practice of clinical social work in New York. Since a LMSW may provide diagnosis, psychotherapy and assessment-based treatment planning under supervision without seeking licensure as an LCSW, the amendment requires such a LMSW to receive at least two hours per month of in-person individual or group clinical supervision.
Section 7706(2) of the Education Law provides an exemption from licensure for an individual with a bachelor’s degree in social work, if the person is under the general supervision of a LMSW or LCSW and engages in non-supervisory and non-clinical activities only. The proposed amendments to section 74.7 of the Commissioner’s regulations provide standards for an individual with a BSW or MSW degree to provide licensed master social work services, under supervision. In order to clarify the boundaries of practice, the amendment clearly states that the individual may not provide administrative supervision or engage in the practice of licensed clinical social work or use the title “LMSW” or “LCSW.”
The proposed amendment adds a new section 74.9 to allow the Department to endorse for practice in New York the license of a LCSW licensed in another jurisdiction. The applicant would have to have 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.
Recommendation
VOTED: That sections 74.3 through 74.7 of the Regulations of the Commissioner of Education be amended and that section 74.9 of the Regulations of the Commissioner of Education be added, as submitted, effective June 29, 2010, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the public health and general welfare to expedite the processing of applications for licensure as a LCSW in New York and to provide clarity regarding acceptable supervised experience for licensure as an LCSW to ensure public protection and address the social work needs of New Yorkers.
Timetable for Implementation
If adopted as an emergency measure at the June 2010 Regents meeting, the proposed amendment will become effective June 29, 2010. It is anticipated that the proposed amendment will be presented for permanent adoption at the September 2010 meeting.
AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION
Pursuant to sections 207, 212, 6501, 6504, 6506, 6507, 6508, 7704, 7705, and 7706 of the Education Law and sections 3221 and 4303 of the Insurance Law.
1. Sections 74.3 through 74.7 of the Regulations of the Commissioner of Education are amended, effective June 29, 2010, as follows.
§74.3 Experience requirement for licensure as a licensed clinical social worker.
(a) An applicant for licensure as a licensed clinical social worker shall meet the experience requirement for licensure by submitting documentation of three years of full-time supervised clinical social work experience in diagnosis, psychotherapy, and assessment-based treatment plans, or the part-time equivalent, or a combination of full-time and part-time supervised clinical social work experience in diagnosis, psychotherapy, and assessment-based treatment plans, completed over a period not to exceed six years, in accordance with the requirements of [this section] section 74.6 of this Part. For purposes of this subdivision, the full-time experience shall consist of not less than [48 weeks per year, excluding vacation, with not less than an average of 20 client contact hours per week] 2,000 client contact hours over a continuous period of at least 36 months and not to exceed six years. [The part-time equivalent shall consist of the same total number of client contact hours provided over more than three years.]
(1) [The experience] Experience obtained in New York must be obtained as a licensed master social worker (LMSW) or limited permit holder, except the department may, in limited circumstances, accept other experience where an applicant demonstrates that such experience was obtained in an authorized setting and under the supervision of a qualified supervisor. Experience obtained in another jurisdiction must be obtained after the applicant completes the master's degree program in social work required for licensure in licensed clinical social work, as prescribed in section 74.1(c) of this Part, and such experience must be obtained in a setting authorized in such jurisdiction to provide such services and be under the supervision of a qualified supervisor acceptable to the department.
(2) The supervised experience shall be obtained in [a facility setting, as prescribed in subparagraph (i) of this paragraph or a nonfacility setting,] a setting acceptable to the department, as [prescribed] defined in subdivision (a) of section 74.6 of this Part. [subparagraph (ii) of this paragraph, or a combination of the two.
(i) A facility setting shall mean a federal, state, county or municipal agency, or other political subdivision, or a chartered elementary or secondary school or degree-granting educational institution, or a not-for-profit or proprietary incorporated entity, which government agency, educational institution, or not-for-profit or proprietary incorporated entity is licensed or otherwise authorized to provide services that fall within the scope of practice of licensed clinical social work.
(ii) A nonfacility setting shall mean any other setting not prescribed in subparagraph (i) of this paragraph.