The pursuit of licensing of social workers in New York State continued through the winter and spring with activities focusing on the legislature as well as internally, within the profession.
In regard to the focus internal to the profession, baccalaureate social workers (BSW's), represented by the New York State Social Work Education Association, which is comprised of directors of BSW education programs, made it known that they wanted BSW's to be incorporated into the licensing bill as titled social workers. Nationally, NASW has recognized BSW's as the entry level to the profession since the 1960's. There was concern among several social work organizations in New York State, however, that giving BSW's a title in the legislation would delay or undermine passage and cause confusion in the hiring of social workers, especially in distinguishing BSW's from masters level practice.
The social work organizations include both the New York City and New York State chapters of NASW, the Association of Deans of the Schools of Social Work, the Clinical Society, and the Society of Social Work Administrators in Health Care. These groups comprised the coalition behind developing the licensing bill now in the legislature. The coalition incorporated BSW's into the bill under the exemption category which means that while licensing would restrict practice to "Licensed Social Workers" (LSW's) with masters degrees, BSW's would be allowed to practice in agency settings under the supervision of LSW's.
Consensus Required
In New York State, there is a political rule of thumb that to get any type of licensing legislation passed, the various groups within a profession need to develop consensus before the legislature will pass a bill. There are numerous examples in other professions of licensing being killed because of disagreements. This maxum drove NASW and the Clinical Society two years ago to agree on various aspects of the current legislation in how private practice would be addressed, with both sides coming to a carefully developed compromise.
The New York City Chapter has throughout the development of licensing played the role of conciliator, and played this role in addressing the BSW question. In February, the Chapter convened all of the groups to meet with an independent attorney with expertise in licensing. The attorney evaluated numerous options for addressing BSW's in licensing, from both a legal and technical viewpoint and from an assessment of what would be likely to gain legislative support.
The attorney basically concluded that allowing the BSW to practice through an exemption category in the bill would be most feasible, and indicated that it might then be possible to get BSW's their own title in law through a second bill after licensing legislation is passed. In essence, this attorney confirmed what the licensing coalition believed all along was the best way to proceed to assure passage of a bill.
New Position in Legislature
Nevertheless, the BSW representatives remained skeptical of the attorney's assessment and declined to support the coalition's approach. A subsequent meeting involving NASW and the BSW representative was then held with the counsel to the Higher Education Committee in the State Senate. This person confirmed the findings of the independent attorney's analysis but surprisingly revealed that the State Senate had evolved to a new position regarding licensing.
The counsel said that the State Senate now wants every group within a profession, regardless of which profession it is, to be included in any licensing law. Following this approach,she recommended
not using an exemption category for the BSW's but giving them a title to practice social work.
Clarifying the Difference
With this development, the groups in the licensing coalition determined that it would be incumbent upon them to include BSW's in the licensing bill: The task then became one of determining how BSW's and MSW's will be distinguished; historically, there has never been a consensus within the profession about how to clarify the issue.
What is clear is that the Social Work Education Association, itself, acknowledges that BSW's should not engage in clinical practice, including private practice. But there are many different definitions of what is meant by clinical practice. The Clinical Society, for example, basically equates clinical practice with psychotherapy.
On the other hand, NASW has a definition of clinical practice that essentially equates with what master level social workers do in their work with individuals, families and groups, regardless of setting or length of contact. School social workers with heavy caseloads and limited time with children and hospital social workers doing discharge planning, to cite two examples, are doing an important form of clinical social work requiring outstanding skill.
It is the NASW definition of clinical social work that should help clarify what BSW's do in state law. Assuring that BSW's are supervised by licensed social workers at the masters level will also help.
Three Titles
As of this writing, the social work licensing bill is being re-worked to include the BSW. This will mean that the scope of practice in the bill, published previously in Currents, will remain the same, but we are likely to have three titles instead of two: 1) Licensed Social Worker (equivalent to the CSW); 2) Licensed Independent Clinical Social Worker (similar to social workers who are insurance reimbursable now); and 3) Licensed Baccalaureate Social Workers (LBSW's).
While the groups in the licensing coalition have been busy addressing issues internally, there are still problems in the legislature. In my last column in Currents in April, I detailed how NASW representatives persuaded a leader in the State Assembly Higher Education Committee to support licensing through recognizing the uniqueness of the profession and its vitalness to life and safety. In a subsequent meeting, the leader was still posing difficult questions. Further discussions need to be held.
In the larger context, this year looms as the least productive legislative session in history. The fight between the legislature and the Governor over the State budget has brought most work to a standstill. Nevertheless, there is an outside chance we will have moved licensing through the legislature by the time the session ends before July. Otherwise, and more likely, we will be back for the 1997 legislative session fully gunning for passage.
The Chapter welcomes your response to this article and the inclusion of BSW's in the licensing bill. Send your comments to Licensing, c/o NASW, 50 Broadway, 10th Fl. New York, NY 10004.