Summary of Licensing
May 21, 2002

Benefits of Licensing

Licensing will

1. define in State law what professional social work is, with its basis in social work education;
2. it will raise standards of practice (more in line with almost every other state);
3. it will restrict who can engage in autonomous practice;
4. it will provide greater clarity to the public, government and others about the profession; and
5. as a result of items 1 through 4, licensing will work to enhance the quality of services to consumers. Licensing is a stronger form of legal regulation than state certification because it defines practice and creates restrictions on who can engage in the practice.

Creation of Two Levels

NASW supports two levels of licensing: 1) Licensed Master Social Worker (LMSW) and 2) Licensed Clinical Social Worker (LCSW).

The LMSW would be defined broadly across the array of social work functions, and like the current CSW, eligibility will be at graduation from a masters degree program.

The LCSW would include the functions of the LMSW but also include providing differential diagnoses and interventions that follow from it. Eligibility for the LCSW would require three years of supervised experience. LMSW's would be able to engage in the activities of an LCSW while under supervision, but only within a facility setting, not in private practice.

Proposed Language for the Two Scope of Practice

LMSW

(a) The practice of licensed master social work shall mean the professional application of social work theory, principles, and 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 physical illness, injury, and pain, experienced by individuals, couples, families, groups, communities, organizations, and society.

(b) Licensed master social workers engage in biopsychosocial assessment, development and implementation of appropriate service plans, including crisis, brief, short term and long term interventions. Licensed master social workers engage in the administration and interpretation of tests and measures of biopsychosocial functioning, social work advocacy, case management, counseling, consultation, supervision, research, administration and management, and teaching.

(c) Licensed master social workers practice licensed clinical social work in facility settings under supervision in accordance with the commissioner's regulations.

LCSW

Practice of licensed clinical social work. The practice of licensed clinical social work shall mean the professional application of social work theory, principles, and methods included in the scope of practice of licensed master social work and also includes differential diagnosis, development of appropriate treatment plans, and the provision of crisis oriented psychotherapy and brief, short term and long term psychotherapy, including but not limited to psychoanalysis, biofeedback and behavior therapy, to ameliorate the condition associated with the differential diagnosis.

Grandparenting, Exemptions And Effective Date

• Social workers who now have the CSW, or an MSW with five years experience, could automatically qualify for the LMSW.
• Social workers who have a "P", an "R", or who can document that they have been doing clinical work under supervision for three years as defined in the bill, could automatically qualify for the LCSW.
• BSW's, and BSW interns, would be able to practice LMSW level social work under supervision.
• MSW level interns would be able to practice under supervision at the LMSW or the LCSW levels
• If licensing is passed this session, the effective date for the law would be in 2004. This will allow time for the State Education Department to develop regulations and implementation procedures, with input from the State Board for Social Work and the public. (Note: the "P" and "R" would remain unchanged in the insurance Law)

Political Considerations

• NASW is concerned that possible bill language to require social workers to refer a "seriously mentally ill" client for an evaluation and consultation by a physician or psychiatrist will infringe on a client's right to choose and result in denial of treatment. Also, "serious mental illness" is defined too broadly. Although making referrals under certain circumstances reflects good practice, NASW's position now is for social work licensing to go forward without language that requires social workers to make referrals to physicians or psychiatrists.

Among our concerns, and we have been informed by a great many members, is that clients cannot be forced to accept referrals that they may not want and that the requirement could result in denial of beneficial treatment by social workers.

• NASW obtained support from leaders in the Assembly once they believed that licensing would not create staff shortages by narrowing too far who could perform social work related functions.
• There is also concern that marriage and family therapists and mental health counselors will get a licensing bill passed this year; this creates another reason why the social work profession be licensed. Also, given that there is a gubernatorial election this year, the likelihood of licensing being signed into law is greater now than it has been or will be for several years to come.