by Robert Schachter, DSW, ACSW
(April 1997)

The pursuit of legislation to license social workers in New York State moved forward in early April when several organizations representing the profession came to an agreement on a bill. The agreement broke a long deadlock on how baccalaureate social workers (BSW's) would be effectively distinguished from masters level social workers.

At a time when social workers are battling strong political, economic, and organizational trends including re-engineering, downsizing, managed care, welfare reform, and budget cuts, licensing can be a shot in the arm that can help protect consumers by clarifying who provides social work services.

As was described in previous issues of Currents, the bill that is likely to be introduced into the State legislature this spring will have one scope of practice. A scope basically defines what social workers do, and includes a full range of functions reflecting practice with families, individuals, groups, and communities.

The bill will contain three titles under the scope of practice: licensed masters social worker, licensed baccalaureate social worker, and licensed clinical social worker. Only these practitioners will be able, by law, to be called social workers and to practice within the scope.

There would be a grandfather clause that will allow current certified social workers to qualify for the new titles without having to take another exam. For example "CSW's" would become "LMSW's" and practitioners who have the credential for insurance reimbursement, the "P" or the "R", would become "LCSW's", either automatically or upon submitting an application to the State Department of Education.

One of the concerns in the New York City Chapter was determining how to assure that "BSW's" and "MSW's" are clearly differentiated from each other, appropriately reflecting each group's level of education and preparation for practice. This was painstakingly worked out through two primary mechanisms: creating restrictions on what "BSW's" can do and requiring that they practice under the supervision of an "MSW". For example, BSW's will not be allowed to engage in private practice or to do diagnosis, treatment planning or psychotherapy.

Once legislation is introduced into the State Assembly and Senate, it will be necessary for support to be generated by social workers to assure that members of the legislature vote for the bill. While there is a rule of thumb in the State capitol that licensing takes eight to ten years to pass, if it ever gets passed, the social work organizations that hammered out the legislation are cautiously optimistic that the bill could move through to passage before the legislative session is over in June or July.

The optimism reflects the fact that social work is already regulated in State law through having title certification, what is known as the "CSW". According to at least one knowledgeable legislative aide, there is a keen interest in moving away from title certification to defining a profession's scope of practice and creating a title for each segment within a given profession.

Once the legislature passes the bill, the legislation will move to Governor Pataki's desk for signature into law. It is not yet clear, however, whether Mr. Pataki would sign a licensing law for social work.

The following organizations formed the licensing coalition which eventually forged a consensus: the New York City and New York State chapters of NASW, the New York State Association of Deans of Schools of Social Work, the NYS Society of Clinical Social Workers, the Society of Social Work Administrators in Health Care/Metropolitan Chapter, and the NYS Social Work Education Association.

NASW members will be called upon to contact their representatives in the State Senate and Assembly when it appears that the legislation is ready to move forward. Watch for the May issue of Currents for more news and recommended action. In the meantime members can think about what they might want to tell their legislators about the need for having social workers licensed.

For a copy of the proposal, which was still being drafted at press time, write to the chapter office at NASW, 50 Broadway, 10th floor, New York, NY 10004.