The time is now to move licensing through the
State Legislature: Member letters critical to passage
By Deborah K. Shepherd, CSW, Assistant Director
Legislation to license social workers in New York State, which reflects the positions of NASW
and several other social work organizations, is being readied for review by the Higher Education
Committees in the New York State Senate and Assembly.
The bills' sponsors and the chairs and members of these committees will be looking to see what
support exists in the social work community. It is crucial that every social worker in New York
State send letters of support to these legislators.(See page xx for sample letter and information
about how to contact the legislators).
In light of increasing concern for practice standards and consumer protection, the growth of
managed care and the question of who will be included as providers makes the issue of licensure
in New York State urgent. Unlike the current certification (CSW), passage of a licensing bill will
identify the scope of practice that distinguishes social work from other professions, and will
restrict anyone who is not licensed from engaging in the activities within the scope (those in
other professions who engage in some of these activities, e.g., licensed psychologists, will be
exempt from the restrictions under the law).
The proposed bill has one scope of practice for the profession and three-tiers: Licensed Master
Social Worker (LMSW), Licensed Clinical Social Worker (LCSW), and Licensed Baccalaureate
Social Worker (LBSW). The scope reflects several years of deliberation among social work
organizations and the input of legislative staff and professional lobbyists, and is meant to reflect
the broadest practice of social work from community organizing and social justice to clinical
practice.
The scope of the bill is spelled out in the section entitled "Definition of the practice of social
work." In its present form, it reads:
"Social work practice is the professional application of social work theories, values and methods
to the enhancement of human life and person-environment transactions; the prevention,
assessment, diagnosis, intervention and treatment of : a) individual, couple, family, group,
organizational, community and social dysfunction; b) mental, emotional, developmental,
addictive and behavioral disorders and disabilities; and c) the psychosocial effects of physical
illnesses, disabilities and impairments.
Social work practice includes, but is not limited to: biopsychosocial development and
impairment; human behavior and racial, cultural, gender, social class, linguistic, sexual
orientation, and other diversities; mental, emotional, addictive and behavioral disorders and
developmental disabilities; the biopsychosocial aspects of disability and physical illness;
interpersonal relationships; environmental resources and stressors; social justice; the
functioning of social systems and the impact of environmental conditions on people.
Professional social work includes functions that are not exclusive to social work, such as: client
education; mediation; client-centered advocacy and outreach; social research; administration of
human service programs; education, and social policy analysis and development."
The next section of the bill, "Practice of social work and use of the titles 'Licensed Master Social
Worker', 'Licensed Clinical Social Worker', and 'Licensed Baccalaureate Social Worker', spells
out who can do what within the scope, thus creating a clear distinction between the LMSW and
the LBSW. Licensed Baccalaureate Social Workers will be restricted from performing the
following: Differential diagnosis; testing and measurement of psychosocial functioning;
treatment planning and evaluation; and short-term and long-term psychotherapeutic treatment.
LBSWs "are restricted to practice under the auspices or as employees of a public, not for profit,
or proprietary incorporated entity under the continuous supervision of a Licensed Master Social
Worker. Such supervision shall be consistent with professional standards for social work
supervision as determined by the State Board for Social Work."
The title Licensed Clinical Social Worker will require at least 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; the bill will create for
the first time in the profession the requirement that social work graduates will have to work in
agencies before engaging in private practice. There is no separate scope of practice for the
LCSW; clinical work is addressed in the general scope. This means that social workers in direct
practice are qualified to engage in clinical social work at the LMSW level. The distinguishing
feature of the LCSW is that social workers meet a standard for engaging in independent practice
where there is less accountability than in an organizational setting.
Social workers who already have State certification (CSW) will become LMSWs on passage of
this bill. There is also a "grandfathering procedure for those CSWs who have the "P" or the "R",
or are eligible for same, to become LCSWs.
As this issue went to press, the draft of the bill was being revised. Copies of the Senate and
Assembly bills (which are the same except for their numbers) will be available by calling the
New York State Senate Document Room, (518) 455-2311 and asking for bill S-1123-A; or the
New York State Assembly Document Room, (518) 455-5632 and asking for bill A 6059-A.
(May 1997)