Agreement reached on licensing social workers in New York State The month of February marked a historic occasion within the profession. Agreement involving key social work
organizations was reached on licensing social workers. The organizations include, in addition to the NYC Chapter,
the State Chapter of NASW, the New York State Association of Deans of the Schools of Social Work, and the
Clinical Society of New York State. Other social work organizations are reviewing the proposal and are expected
to support the measure. It is also expected that the agreement will result in legislation being introduced in both the
New York State Assembly and Senate.
Currently, New York State provides certification for social workers. This form of legal regulation of the profession
protects the title of "certified social worker", restricting its usage to a specific group of individuals. Licensing does
more than certification: it defines through a scope of practice statement in law what social workers do and restricts
anyone who is not licensed from engaging in the activities within the scope.
The scope of practice in the agreement, which reflects legal language of legislation, is as follows (Italics added for
emphasis for the reader):
"Social work practice is the professional application of social work theory and methods to the prevention, diagnosis
and treatment of individual, family, group, organizational and societal dysfunction; mental, emotional, addictive and
behavioral disorders; and to the enhancement of human life and person-environment transactions. Social work
practice is based on knowledge of: biopsychosocial development and impairment; social justice; human behavior and
racial, cultural, gender, social class, linguistic, sexual orientation, and other diversities; mental, emotional, addictive
and behavioral disorders; developmental disabilities; the biopsychosocial aspects of disability and physical illness;
interpersonal relationships; environmental resources and stressors; the functioning of social systems and the impact
of environmental conditions on people. Professional social work services may include, but are not limited to:
assessment; differential diagnosis; treatment planning and evaluation; measurement of psychosocial functioning;
crisis intervention; outreach; short- and long-term treatment; psychotherapy; client education; case management;
mediation; advocacy; discharge, referral, and continuity of care planning; consultation; supervision; research;
administration; education; social group work; community organization; and, social policy analysis and development.
Social work practice also may encompass other current or developing modalities and techniques that are consistent
with this scope."
This language was worked out over 18 months of discussions and reflects concerns about the breadth of the profession
and at the same time includes enough specificity to assure that professionals in direct practice can be assured of
having the legal support to engage in what they traditionally do. For example, the current statute for the CSW does
not mention that social workers do diagnosis, and this omission has resulted at times in social workers being
prohibited from performing this function.
Eligibility for the license (LSW) will be comparable to what now exists for CSW's: obtaining a masters degree in
social work. The proposal calls for "grandparenting" in everyone who holds a CSW.
In addition to the basic license, there are other important features of the proposal. Foremost is the creation of a
second title, called Licensed Independent Clinical Social Worker (LICSW). This title was created, to a significant
extent, to address the trend in the field of managed care, with managed care companies becoming primary reimbursors
of social work services. These companies, which are increasingly national in scope, and to the extent that they have
developed their own standards, have required social workers to hold licenses designating that they are qualified to
engage in clinical work. With more than half of all the states issuing clinical licenses, New York State is compelled
to create an equal standard lest consumers be prohibited from seeing social workers when they choose to.
The New York City Chapter Board of Directors supported this part of the licensing proposal because of its recognition
of this trend, and its magnitude. The Board, primarily through its Licensing Task Force, also added as a requirement
for the LICSW title, three years of organizationally-based experience under the supervision of an experienced social
worker. This requirement addresses the concern within the profession that many social workers have been going into
independent practice without first obtaining experience in such settings. NASW has a long history of requiring
experience before social workers engage in autonomous practice, and this proposal will set a standard of three years
in law. In addition, and valued within the Chapter, is assuring that social workers are working in settings where social
workers are greatly needed, working with the most disadvantaged and dependent and dependent individuals, groups
and families in the State.
Some concern was expressed that having a clinical title would create a sense that there is a select group within the
profession, set apart from the rest of social work. The Chapter's position on this is that clinical practice as basically
equivalent to direct practice at the masters level with individuals, families and groups, and approximately 80% of all
social workers are engaged in such practice. In addition, the bill does not have a special scope of practice for the
clinical title; clinical work is addressed, along with other social work functions, in the scope under the LSW. This
means that social workers in direct practice are qualified to engage in clinical social work at the LSW level. The
distinguishing feature for the LICSW is that social workers meet a standard for engaging in independent practice
where there is less accountability than in an organizational setting.
Eligibility for the LICSW will also include, in addition to organizational experience and supervision, passing a
clinical exam that now exists through the American Association of State Social Work Boards (AASSWB). Social
workers with this title will also first have to obtain the LSW. Social workers who currently hold credentials referred
to as the "P" and "R" designations, which pertain to group health insurance reimbursement, are proposed to be
grandparented to receive the LICSW title. It is anticipated that the LICSW will eventually, if not immediately,
replace the "P" and "R" altogether.
Other features in the bill include minimum requirements for continuing education. Currently, the State of New York
does not have a policy of such a requirement for the professions. If this section of the bill is ultimately included in
licensing social workers, the exact requirements will need to be spelled out in regulation.
The bill also addresses which groups will be exempted from practicing within the social work scope of practice. As
required by law, the existing licensed mental health professions, primarily psychiatry and psychology, will be exempt.
Both social work interns and BSW's will be permitted to practice under the scope provided that they are supervised
by a social worker who has the license. Other exemptions are extended to staff holding social work titles in public
agencies, but the exemption will be lifted as each person leaves their job.
Who is exempted and who is not is important. It determines whether licensed social workers must be utilized to carry
out social work functions. Common practice is that many organizations employ just about anyone to do social work.
In other states some organizations have pursued exemptions from social work licensing for their type of setting. It
remains to be seen how this will play out in New York State as the bill is deliberated in the legislature.
One feature of the bill addresses an age old concern: that anyone can claim that they do social work. Having a scope
of practice for the LSW will prohibit anyone from making such claims.
When the profession first came together to enact the certification law, which was passed in 1965, it was felt that
gaining consensus on a scope of practice for the profession was too difficult. With so many views on what social
workers do, agreement was reached to not define practice. The agreement now reached is what each organization
would consider, from their own point of view, a compromise. What is completely clear, however, is that there is
widespread agreement that the profession needs to set aside its differences and get licensing passed as soon as
possible.
Article submitted by Robert Schachter
Proposed legislation would replace the certification of social workers, create a clinical title
and support employment in organizational settings
(April 1995)