17 Questions and Answers About Social Work Licensing in New York State
(Updated and Revised: October 8, 2002)

In August, 2002, the licensing of social work was enacted into state law. The bills that passed the State legislature, S.7711-A.11761 earlier in the summer are now Chapter 420 of the Laws of 2002.

The effective date of the law is September, 2004. During the time from enactment to when the law goes into effect, the State Education Department will have the responsibility for interpreting how the law will be implemented.

The questions and answers that follow are intended to help NASW members and the social work community better understand how licensing will affect them. However, it needs to be understood that the State Educations Department's interpretation of the law will be the official guide to compliance with what has been enacted, and this may only become fully known as we approach the effective date in 2004.

NASW will update it members as social work licensing is further clarified.

1. How does licensing differ from the existing state law that provides for certification of social workers, or CSW's?
2. What are the benefits of social work licensing?
3. What is a Licensed Master Social Worker or LMSW?
4. What does the scope of practice of an LMSW include?
5. What are the Qualifications for the LMSW?
6. If I have a CSW, can I be grand parented as an LMSW?
7. If I have an MSW but do not have the CSW, can I be grand-parented as an LMSW?
8. What is a Licensed Clinical Social Worker or LCSW?
9. What are the qualifications to become an LCSW?
10. What is the difference between the "P" and "R" and the LCSW?
11. If I have the "P" and "R" now, can this be used to be grand parented into obtaining the LCSW?
12. If I do not possess the "P" and "R", can I still be grand parented into the LCSW?
13. If I have the LCSW, do I also need the LMSW?
14. Is there any provision for licensing Baccalaureate Social Workers?
15. Who else is exempt from the restrictions on social work practice?
16. Does the law require LMSWs or LCSWs to complete a specified number of continuing education hours to maintain the license?
17. Does the law include LMSWs and LCSWs as mandated reporters of suspected child neglect or abuse?

The CSW provides for title protection for social workers who have a masters degree in social work. In other words, only Certified Social Workers may now be called CSW's.

The licensing law replaces the CSW with the LMSW, which stands for Licensed Master Social Worker. The law also creates an LCSW, which stands for Licensed Clinical Social Worker.

As has been the case with the CSW, the title of LMSW and LCSW will be restricted.

In addition, the law goes beyond the CSW in that it restricts the practice of Licensed Master Social Work and Licensed Clinical Social Work to social work licensees (however, there are limits to these restrictions).

It should be noted that the "P" and "R" credentials that indicate that a social worker is qualified for insurance reimbursement for psychotherapy are not directly affected by the new law. The "P" and the "R" will remain in effect.

2. What are the benefits of social work licensing?

NASW believes that social work licensing will help advance the profession, work toward enhancing quality services, and protect consumers, in the following ways:

1. Licensing will 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 clinically related, private practice;
4. it will provide greater clarity to the public, government and others about the social work profession; and
5. as a result of items 1 through 4, licensing will work to enhance the quality of services to consumers.

The LMSW

The LMSW is similar to the existing Certified Social Worker (CSW) title in New York State law since 1965. This new license will replace the CSW. One basic difference is that what an LMSW does is spelled out more specifically in law in a scope of practice.

The scope of practice of an LMSW follows. The wording as it appears in the law has been arranged here in a list format for purposes of clarity. There are four section of the LMSW scope, listed as A through D.

A. The Practice of Licensed Master Social Work means the "professional application of social work theory, principles, and methods" for:

• prevention
• assessment and evaluation
• formulation and implementation of a plan of action based on client needs and strengths

to address:

• Mental, social, emotional, behavioral, developmental and addictive disorders, conditions and disabilities.
• Psychosocial aspects of illness and injury.

as experienced by:

• Individuals
• Couples
• Families
• Groups
• Communities
• Organizations
• Society

B. LMSW's engage in:

• social work advocacy
• case management
• counseling
• consultation
• research
• teaching
• administration and management
• administration of tests and measures of psychosocial functioning

C. LMSW's provide all forms of supervision except for the supervision of the practice of Licensed Clinical Social Work.

D. LMSW's may practice Licensed Clinical Social Work under supervision. The nature of this supervision will be defined by the State Education Department.

Similar to becoming a CSW today, one must posses a masters degree in social work. There is no experience requirement beyond graduation at the masters level.

In addition, as with the CSW, one must pass a test. The test is likely to be the same test currently given for becoming a CSW.

Anyone who has a CSW prior to September 2004 will qualify to be grand parented as an LMSW.

Yes, if you have five years experience following graduation with the MSW.

The LCSW

A practitioner who has an LCSW may do everything that an LMSW may do.

What follows are functions that only a practitioner with an LCSW may perform:

1. An LCSW may perform "diagnostic assessments", beyond general social work assessments. For example, an LCSW may provide a diagnosis using the DSM-IV.
2. LCSW's may also do treatment plans and provide psychotherapy to address a diagnosed condition. Psychotherapy in the scope of the LCSW refers to crisis oriented psychotherapy as well as brief, short-term and long -term psychotherapy.
3. Only LCSW's may engage in clinically related, autonomous, private practice.

Becoming an LCSW will require three years of full time experience following gradation with a masters degree in social work, working under supervision. The experience may also be acquired over a six year period while working part-time.

The State Education Department is directed by the law to define supervision in a manner consistent with professional standards for clinical social work supervision. This may be determined to include supervision by a psychiatrist, psychologist, as well as a licensed clinical social worker. This is currently the case for supervision in obtaining the "P" or the "R".

It is also noted that the nature of the work performed will need to be related to clinical social work. The State Education Department will be responsible for determining the types of experience practitioners will need to qualify for the LCSW.

Passing a test will also be required for the LCSW. Currently, there is a national test in clinical social work that is available to states that have LCSW laws, and this test might be used in New York State.

The "P" and "R" are credentials that indicate that a social worker is qualified for insurance reimbursement for doing psychotherapy. These credentials were established by the Insurance law and are not effected by the licensing law.

Social workers who want to be considered for insurance reimbursement will continue to need to obtain these credentials. It is possible that since both the "P" and the LCSW require three years of supervised experience, the State will determine at some time in the future that obtaining the LCSW will automatically qualify a practitioner for a "P".

Yes. The licensing law stipulates that anyone possessing the "P" or the "R" at the time the law goes into effect will qualify for the LCSW.

Yes. The law permits practitioners who have been engaged in doing diagnostic assessments under supervision to automatically get the LCSW.

It is not necessary to maintain both an LCSW and an LMSW.

Any social worker who expects to be required to perform diagnostic assessments, do psychotherapy, and/or engage in clinically related private practice will need to obtain the LCSW.

Since there is a significant time requirement following graduation to obtain the LCSW, practitioners will need to obtain the LMSW at graduation.

No. Although it was discussed and included in earlier versions of the licensing effort in prior years, the law does not include licensure at the BSW level. However, BSWs and BSW students are included in the categories of exempt persons, and may practice social work under supervision of an LMSW, an LCSW, or in accordance with State Education Department regulations.

Beside BSWs and BSW students in fieldwork, the law also exempts:

1. MSW students in supervised field work, and student interns supervised in educational programs for other professions whose practice includes similar services.
2. Licensees in other professions whose practice includes similar services, e.g., medicine, psychology, nursing, occupational therapy
3. Attorneys, rape crisis counselors, alcohol and substance abuse counselors, and pastoral counselors
4. Persons providing "instruction, advice, support, encouragement or information" to individuals, families and relational groups
5. Public and private employees providing clinical social work services on the effective date of the law for as long as they continue to provide those same services in that job.

No. Although considered in past bills, the law contains no continuing education requirements associated with maintaining an active license.

Yes. The law adds the category "social worker" to the list of professionals identified as mandated reporters of suspected child neglect or abuse. Current law includes only the category "social services worker," which does not pertain to all social workers. This new law remedies that omission.

If you have questions not addressed above, you may contact the office of the State Board for Social Work, at (518) 474-3817, ext. 450; or e-mail swbd@mail.nysed.gov. You may also contact NASW-NYC at (212)668-0050 or e-mail naswnyc@naswnyc.org.