Social Work

Frequently Asked Questions

Q&A pertaining to Social Work licensure under Chapter 420 of the Laws of 2002
Information on LMSW and LCSW titles

The Social Work licensure bill S7711-A/A11761-A has been enacted into law as Chapter 420 of the Laws of 2002. It will go into effect September 1, 2004. Between now and then, the Board of Regents will promulgate regulations to provide detail to guide the State Education Department (SED) in administering the law, such as specific education and examination requirements for a license. Moreover, regulations help the public to better understand the requirements of the law.

During the regulatory drafting process, SED and the State Board for Social Work will engage in discussions with and solicit comments from New York State social work organizations and schools, and the general public to ensure that the regulations reflect contemporary standards. The following information is intended to provide initial clarity in those areas that specifically concern current and prospective licensees and other interested parties.

1. What does this law fundamentally change in licensing social workers?

   The law features four fundamental changes:

   1. It replaces the title "Certified Social Worker (CSW)" with a new title "Licensed Master Social Worker (LMSW)" and retains the same requirements;
   2. It adds a new license, "Licensed Clinical Social Worker (LCSW)," which actually mirrors the current "P" psychotherapy privilege requiring three years of supervised experience, but also adds a specific educational requirement for the license, namely, "a core curriculum which includes clinical content" to be defined in regulation, and an exam requirement, which most likely will be the ASWB Clinical exam;
   3. It retains the "R" psychotherapy privilege, which requires six years of supervised experience (three additional years following the LCSW); and
   4. It defines and restricts the practices of "Licensed Master Social Work" and "Licensed Clinical Social Work" to social work licensees.
   
   
2. Is all social work practice restricted to licensees?

   No. Some non-clinical social work functions are defined and listed as "functions that do not require a license." However, it is expected that while the Regents would not have regulatory authority over unlicensed persons providing those functions, they would have authority over LMSWs or LCSWs providing them.

3. If I already am a CSW providing non-clinical social work services, what will I need to do regarding my license?

   Nothing. On September 1, 2004, you will become a LMSW. SED will provide instructions on how to receive a replacement license parchment with "LMSW" on it. All future registration certificates will be issued every three years and will display the new title.

4. If I am a CSW with the "P" or the "R" or both, what will I need to do regarding my license?

   Nothing. On September 1, 2004, you will become a LCSW. SED will provide instructions on how to receive a new license parchment with "LCSW" on it. All future registration certificates will be issued every three years and will display the new title.

5. If I am a CSW and will have three or more years of supervised clinical social work experience by September 1, 2005, the end of the one-year "grandparent" period, but I do not have the "P" or the "R", what will I have to do to become a LCSW?

   You may qualify for the LCSW in two ways:

   1. You may apply for the "P" anytime before the law takes effect on September 1, 2004 by filing an application and fee of $85, including the three years of supervised experience and two case summaries, and then on the effective date of the law, you will automatically become a LCSW; or
   2. You may apply for the LCSW during the one-year "grandparent" period (September 1, 2004 to September 1, 2005) by filing the application and fee of $270, including three years of supervised clinical experience (the same as for the "P"). You will not be required to submit case summaries, nor will you have to meet either the special clinical educational content requirement or pass a clinical licensing exam, that is, unless you apply after the one year "grandparent" period has elapsed on September 1, 2005.
   
   
6. If I am a CSW in clinical practice, but do not have either the "P" or the "R" and I will not have completed three years of clinical social work experience by the end of the "grandparent" period, what will I have to do to become a LCSW?

   First of all, to continue practicing Licensed Clinical Social Work after September 1, 2004, the effective date of the law, you will have to secure appropriate supervision as required in the law, which will be further defined in regulation. When you have completed three years of supervised clinical social work experience, you will have to file an application and fee of $270 just like any new applicant, including the three years of supervised clinical experience. Also, you will be required to pass a clinical licensing exam and provide evidence that you have met the clinical content educational requirement to be defined in regulation.

7. If I become a LMSW and at some later date meet the requirements for the LCSW, will I have to maintain both licenses?

   Probably not. Regulations will clarify this situation, but the likelihood is that while licensed for life at both levels, you will opt to let your LMSW become "inactive" so that you will not have to pay two $155 triennial registration fees. Essentially, once you have the LCSW, you will no longer need the LMSW, much the same as a Licensed Practical Nurse (LPN) no longer needs it once licensed as a Registered Nurse (RN).

8. If I am licensed as a social worker in another state, can I be licensed in New York State by reciprocity or endorsement?

   Yes, so long as you apply for the New York State license at the same level as or lower than the one you hold from the other state. Typically, licensure by endorsement means that you will not have to pass another exam, although the LCSW also requires an educational component that includes clinical content to be defined in regulation, which may have to be verified by the school in addition to a transcript. However, you may also be licensed without exam or the clinical content required for the LCSW if you apply during the "grandparent" period from September 1, 2004 to September 1, 2005.

9. If I have my MSW degree, and have practiced for a number of years without needing to be licensed as a CSW, will I be able to continue practicing without a license? If not, what will I have to do to become a LMSW?

   The bill includes a specific "grandparent" clause that allows persons with a MSW and five years of social work experience as of September 1, 2004, the effective date of the law, to file a LMSW application and fee of $270 without having to meet any other requirements. However, the bill allows some social work functions to be provided by persons without a license; thus, you will be able to continue practicing without a license so long as you are providing non-clinical social work functions listed in the law as those not requiring a license.

10. Is there any provision for licensing Baccalaureate Social Workers?

    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, that is, those who may practice social work without a license.

11. Who else may practice social work without a license?

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

    1. Licensees in other professions whose practice includes similar services, e.g., medicine, psychology, nursing, occupational therapy
    2. MSW students in supervised field work, and student interns supervised in educational programs for other professions whose practice includes similar services
    3. Persons providing "instruction, advice, support, encouragement or information" to individuals, families and relational groups
    4. Attorneys, rape crisis counselors, alcohol and substance abuse counselors, and pastoral counselors
    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
    
    
12. Does the law require LMSWs or LCSWs to complete a specified number of continuing education hours to maintain the license?

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

13. Does the law include LMSWs and LCSWs as mandated reporters of suspected child neglect or abuse?

    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.