Social Work

Regulations of the Commissioner

Part 74 Social Work

§74.1 Professional study of social work.

1. As used in this section, acceptable accrediting agency shall mean an organization accepted by the department as a reliable authority for the purpose of accreditation at the postsecondary level, applying its criteria for granting accreditation of social work programs in a fair, consistent, and nondiscriminatory manner, such as the Council on Social Work Education, its successors, or an equivalent agency.
2. Education requirement for licensure as a licensed master social worker. To meet the professional education requirement for licensure as a licensed master social worker, the applicant shall present satisfactory evidence of having received a master's degree, or its equivalent, in social work through completion of:
   1. a program in social work that is registered as leading to licensure in licensed master social work by the department pursuant to section 52.30 of this Title or a program in social work that is accredited by an acceptable accrediting agency or an equivalent social work program; or
   2. a program in social work located outside the United States and its territories that is recognized by the appropriate civil authorities of the jurisdiction in which the program is located as a program that prepares an applicant for the professional practice of social work, has been verified in accordance with subdivision (c) of section 59.2 of this Title, and which is determined by the department to have substantial equivalence to a program in social work registered as licensure qualifying for licensure as a licensed master social worker by the department pursuant to section 52.30 of this Title or to a program accredited by an acceptable accrediting agency.
3. Education requirement for licensure as a licensed clinical social worker.
   1. To meet the professional education requirement for licensure as a licensed clinical social worker, the candidate shall present satisfactory evidence of having received a master's degree, or its equivalent in social work through completion of:
      1. a program in social work that is registered as leading to licensure in licensed clinical social work by the department pursuant to section 52.30 of this Title or an equivalent social work program, provided the candidate satisfactorily demonstrates completion of coursework prescribed in paragraph (2) of this subdivision; or
      2. a program in social work that is accredited by an acceptable accrediting agency, provided the candidate satisfactorily demonstrates completion of coursework prescribed in paragraph (2) of this subdivision; or
      3. a program in social work located outside the United States and its territories that is recognized by the appropriate civil authorities of the jurisdiction in which the program is located as a program that prepares an applicant for the professional practice of social work, has been verified in accordance with subdivision (c) of section 59.2 of this Title, and which is determined by the department to have substantial equivalence to a program in social work registered as leading to licensure in licensed clinical social work by the department pursuant to section 52.30 of this Title or to a program in social work accredited by an acceptable accrediting agency, provided the candidate satisfactorily demonstrates completion of coursework prescribed in paragraph (2) of this subdivision.
   2. Clinical content.
      1. A applicant must demonstrate satisfactory completion of at least 12 semester hours or the equivalent of coursework that prepares the individual to practice as a licensed clinical social worker, by providing clinical content which emphasizes the person-in-environment perspective and knowledge and skills in the following:
         1. diagnosis and assessment in clinical social work practice;
         2. clinical social work treatment; and
         3. clinical social work practice with general and special populations.
      2. The clinical content prescribed in subparagraph (i) of this paragraph must be coursework offered in a program prescribed in paragraph (1) of this subdivision. Such coursework may be taken as part of the master's degree program in social work that the candidate has completed or after completion of such program to remedy deficiencies in clinical content.

§74.2 Professional licensing examinations.

1. Examination for licensure as a licensed master social worker.
   1. Each candidate for licensure as a licensed master social worker shall pass an examination:
      1. that is offered by the Association of Social Work Boards, its successors, or another organization determined by the department to have satisfactory administrative and psychometric procedures in place to offer the licensing examination; and
      2. that the department determines adequately tests social work proficiency at the master's degree level and adequately measures the candidate's knowledge concerning practice as a licensed master social worker as defined in subdivision (1) of section 7701 of the Education Law.
   2. Requirements for admission to examination for licensure as a licensed master social worker. To be admitted to the licensing examination, the candidate shall be required to:
      1. file an application for licensure with the department;
      2. pay the fees for the licensure application and first registration period; and
      3. present satisfactory evidence of having met the education requirement for licensure as a licensed master social worker, as prescribed in subdivision (b) of section 74.1 of this Part, including receipt of the social work degree.
2. Examination for licensure as a licensed clinical social worker.
   1. Each candidate for licensure as a licensed clinical social worker shall pass an examination:
      1. that is offered by the Association of Social Work Boards, its successors, or another organization determined by the department to have satisfactory administrative and psychometric procedures in place to offer the licensing examination; and
      2. that the department determines adequately tests social work proficiency at the clinical level and adequately measures the candidate's knowledge concerning practice as a licensed clinical social worker as defined in subdivision (2) of section 7701 of the Education Law.
   2. Requirements for admission to examination for licensure as a licensed clinical social worker.
      1. To be admitted to the licensing examination, the candidate shall be required to:
         1. file an application for licensure with the department;
         2. pay the fees for the licensure application and first registration period; and
         3. present satisfactory evidence of having met the education requirement for licensure as a clinical social worker, as prescribed in subdivision (c) of section 74.1 of this Part, including receipt of the social work degree; and
         4. present satisfactory evidence of having met the experience requirements for licensure as a clinical social worker, as prescribed in section 74.3 of this Part.
3. Passing score. The passing score for the examination for licensure as a licensed master social worker and the examination for licensure as a licensed clinical social worker shall be determined by the State Board for Social Work.

§74.3 Experience requirement for licensure as a licensed clinical social worker.

1. An applicant for licensure as a licensed clinical social worker shall meet the experience requirement for licensure by submitting documentation of three years of full-time supervised clinical social work experience in diagnosis, psychotherapy, and assessment-based treatment plans, or the part-time equivalent, or a combination of full-time and part-time supervised clinical social work experience in diagnosis, psychotherapy, and assessment-based treatment plans, completed over a period not to exceed six years, in accordance with the requirements of this section. For purposes of this subdivision, the full-time experience shall consist of not less than 48 weeks per year, excluding vacation, with not less than an average of 20 client contact hours per week. The part-time equivalent shall consist of the same total number of client contact hours provided over more than three years.
   1. The experience must be obtained after the applicant completes the master's degree program in social work required for licensure in licensed clinical social work, as prescribed in section 74.1(c) of this Part.
   2. The supervised experience shall be obtained in a facility setting, as prescribed in subparagraph (i) of this paragraph or a nonfacility setting, as prescribed in subparagraph (ii) of this paragraph, or a combination of the two.
      1. A facility setting shall mean a federal, state, county or municipal agency, or other political subdivision, or a chartered elementary or secondary school or degree-granting educational institution, or a not-for-profit or proprietary incorporated entity, which government agency, educational institution, or not-for-profit or proprietary incorporated entity is licensed or otherwise authorized to provide services that fall within the scope of practice of licensed clinical social work.
      2. A nonfacility setting shall mean any other setting not prescribed in subparagraph (i) of this paragraph.
   3. Supervision of the experience. The experience shall be supervised in accordance with the requirements of this paragraph.
      1. Supervision of the experience shall consist of contact between the applicant and supervisor during which:
         1. the applicant apprises the supervisor of the diagnosis and treatment of each client;
         2. the applicant's cases are discussed;
         3. the supervisor provides the applicant with oversight and guidance in diagnosing and treating clients;
         4. the supervisor regularly reviews and evaluates the professional work of the applicant; and
         5. the supervisor provides at least one hour per week or two hours every other week of in-person individual or group clinical supervision, provided that at least two hours per month shall be individual clinical supervision.
      2. The supervision shall be provided by:
         1. a licensed clinical social worker or the equivalent as determined by the department; or
         2. a psychologist who, at the time of supervision of the applicant, was licensed as a psychologist in the state where supervision occurred and was qualified in psychotherapy as determined by the department based upon a review of the psychologist's education and training, including but not limited to education and training in psychotherapy obtained through completion of a program in psychology registered pursuant to Part 52 of this Title or a program in psychology accredited by the American Psychological Association; or
         3. a physician who, at the time of supervision of the applicant, was a diplomate in psychiatry of the American Board of Psychiatry and Neurology, Inc. or had the equivalent training and experience as determined by the department.

§74.4 Limited permits.

1. Limited permits to practice licensed master social work.As authorized by section 7705 of the Education Law, on recommendation of the State Board for Social Work, the department may issue a limited permit to practice licensed master social work under the general supervision of a licensed master social worker or a licensed clinical social worker, in accordance with the requirements of this subdivision.
   1. An applicant for a limited permit to practice licensed master social work shall:
      1. file an application for a limited permit with the department and pay the application fee; and
      2. satisfy all requirements for licensure as a licensed master social worker, except the examination requirement.
   2. The limited permit in licensed master social work shall be issued for a specific employment setting. The setting shall not be a private practice owned or operated by the applicant.
   3. An individual practicing licensed master social work under a limited permit shall be under the general supervision of a licensed master social worker or licensed clinical social worker. For purposes of this subdivision, general supervision shall mean that the supervising licensed master social worker or licensed clinical social worker is available for consultation, assessment and evaluation, has authorized the permit holder to provide the services, and exercises the degree of supervision appropriate to the circumstances.
   4. The limited permit in licensed master social work shall be valid for a period of not more than 12 months, and shall not be renewable.
2. Limited permits to practice licensed clinical social work. As authorized by section 7705 of the Education Law, on recommendation of the State Board for Social Work, the department may issue a limited permit to practice licensed clinical social work under the general supervision of a licensed clinical social worker, in accordance with the requirements of this subdivision.
   1. An applicant for a limited permit to practice licensed clinical social work shall:
      1. file an application for the limited permit with the department and pay the application fee; and
      2. satisfy all requirements for licensure as a licensed clinical social worker, except the examination requirement.
   2. The limited permit in licensed clinical social work shall be issued for a specific employment setting.
   3. An individual practicing licensed clinical social work under a limited permit shall be under the general supervision of a licensed clinical social worker. For purposes of this subdivision, general supervision shall mean that supervision of practice under the limited permit shall consist of contact between the permit holder and supervisor during which:
      1. the permit holder apprises the supervisor of the diagnosis and treatment of each client;
      2. the permit holder's cases are discussed;
      3. the supervisor provides the permit holder with oversight and guidance in diagnosing and treating clients;
      4. the supervisor regularly reviews and evaluates the professional work of the permit holder; and
      5. the supervisor provides at least one hour per week or two hours every other week of in-person individual or group clinical supervision, provided that at least two hours per month shall be individual clinical supervision.
   4. The limited permit in licensed clinical social work shall be valid for a period of not more than 12 months, and shall not be renewable.

§74.5 Authorization qualifying licensed clinical social workers for certain insurance reimbursement.

1. Upon satisfaction of the requirements set forth in subdivision (c) of this section, and filing with the department an application and a fee of $85, a licensed clinical social worker may qualify for insurance reimbursement on the basis of three or more additional years of experience in psychotherapy beyond that required for licensure as a licensed clinical social worker, pursuant to Insurance Law, section 3221(l)(4)(D) or 4303(n).
2. Definition. As used in this section, psychotherapy means the use of verbal methods in interpersonal relationships with the intent of assisting a person or persons to modify attitudes and behavior which are intellectually, socially or emotionally maladaptive.
3. In order to fulfill the requirements of Insurance Law, section 3221(l)(4)(D) or 4303(n), the licensed clinical social worker shall complete three or more additional years of experience in psychotherapy beyond that required for licensure as a licensed clinical social worker in accordance with the following criteria:
   1. Length of experience. Each candidate shall have the experience which meets the standards of subparagraph (i), (ii) or (iii) of this paragraph.
      1. Experience obtained in a facility shall be:
         1. no less than three calendar years of experience providing psychotherapy services, which shall comprise no less than 2,400 direct client contact hours in sessions of at least 45 minutes each with not less than 400 client contact hours in any one year; and
         2. in a facility formally approved in a manner satisfactory to the department by the State Education Department, Office of Mental Health, Office of Mental Retardation and Developmental Disabilities, Division of Substance Abuse Services, Division of Alcoholism and Alcohol Abuse, State Department of Health, State Board of Social Welfare, State Department of Social Services, Secretary of State (except professional service corporations), the Legislature of the State of New York, or comparable departments of other states, territories of the United States, or the United States as determined by the department.
      2. Experience obtained in a nonfacility practice shall be no less than three calendar years of experience providing psychotherapy services, which shall comprise no less than 2,400 direct client hours in sessions of no less than 45 minutes each with no less than 400 client contact hours in any one year.
      3. A combination of experience in facilities and experience in nonfacility practice which meets the standards of subparagraphs (i) and (ii) of this paragraph.
   2. Time of experience. Experience to be acceptable shall follow receipt of the master's degree in social work and shall have been obtained subsequent to the experience used as qualifying for licensure as a licensed clinical social worker.
   3. Supervision of experience. All experience shall be under satisfactory supervision in accordance with the requirements of this paragraph.
      1. The supervision of the experience shall be:
         1. individual supervision or consultation of no less than two hours per month;
         2. group supervision or group consultation of no less than four hours per month;
         3. case seminars of no less than four hours per month in a formal course offered by an institution of higher education chartered by the Board of Regents; or
         4. peer supervision, consisting of no less than four hours per month. Candidates presenting peer supervision for approval shall also submit two case summaries satisfactory to the board. Such case summaries shall include and demonstrate the relationships among the presenting problem, the background material, a formulation of case dynamics, a diagnostic statement, the treatment process, the treatment outcomes, and supervisory issues.
      2. To be satisfactory, supervision must be provided by:
         1. A licensed clinical social worker who, at the time of supervision of the applicant, met the qualifications for licensure as a licensed clinical social worker pursuant to Article 154 of the Education Law or their equivalent as determined by the department; or
         2. A psychologist who, at the time of supervision of the applicant, was licensed as a psychologist in the state where supervision occurred and was qualified in psychotherapy as determined by the department based upon a review of the psychologist's education and training, including but not limited to education and trained in psychotherapy obtained through completion of a program in psychology registered pursuant to Part 52 of this Title or a program in psychology accredited by the American Psychological Association; or
         3. A physician who, at the time of supervision of the applicant, was a diplomate in psychiatry of the American Board of Psychiatry and Neurology, Inc. or had the equivalent training and experience as determined by the department.

§74.6 Supervision of licensed master social worker providing clinical social work services.

In accordance with section 7701(1)(d) of the Education Law, a licensed master social worker may provide clinical social work services in a facility setting or a non-facility setting, as defined by subdivision (a) of this section, under supervision, as prescribed in subdivision (b) of this section.

1. For purposes of this section:
   1. A facility setting shall mean a federal, state, county or municipal agency, or other political subdivision, or a chartered elementary or secondary school or degree-granting educational institution, or a not-for-profit or proprietary incorporated entity, which government agency, educational institution, or not-for-profit or proprietary incorporated entity is licensed or otherwise authorized to provide services that fall within the scope of practice of licensed clinical social work.
   2. A non-facility setting shall mean any other setting not prescribed in paragraph (1) of this subdivision.
2. Supervision of the clinical social work services provided by the licensed master social worker.
   1. Supervision of the clinical social work services provided by the licensed master social worker shall consist of contact between the licensed master social worker and supervisor during which:
      1. the licensed master social worker apprises the supervisor of the diagnosis and treatment of each client;
      2. the licensed master social worker's cases are discussed;
      3. the supervisor provides the licensed master social worker with oversight and guidance in diagnosing and treating clients;
      4. the supervisor regularly reviews and evaluates the professional work of the licensed master social worker; and
      5. the supervisor provides at least one hour per week or two hours every other week of in-person individual or group clinical supervision, provided that at least two hours per month shall be individual clinical supervision.
   2. The supervision shall be provided by:
      1. a licensed clinical social worker or the equivalent as determined by the department; or
      2. a psychologist who, at the time of supervision of the applicant, was licensed as a psychologist in the state where supervision occurred and was qualified in psychotherapy as determined by the department based upon a review of the psychologist's education and training, including but not limited to education and training in psychotherapy obtained through completion of a program in psychology registered pursuant to Part 52 of this Title or a program in psychology accredited by the American Psychological Association; or
      3. a physician who, at the time of supervision of the applicant, was a diplomate in psychiatry of the American Board of Psychiatry and Neurology, Inc. or had the equivalent training and experience as determined by the department.

§74.7 Supervision of baccalaureate social workers providing licensed master social work services.

In accordance with section 7706(2) of the Education Law, an individual who holds a baccalaureate of social work degree or an equivalent degree based upon completion of a baccalaureate program registered by the department pursuant to Part 52 of this Title, or approved by an acceptable accrediting agency as defined in section 74.1(a) of this Part, shall be permitted to perform activities and services within the scope of practice of a licensed master social worker as defined in paragraphs (a) and (b) of subdivision (1) of section 7701 of the Education Law, under the supervision of a licensed master social worker or a licensed clinical social worker. For purposes of this section, supervision shall mean that the licensed master social worker or licensed clinical social worker is available for consultation, assessment and evaluation, has authorized the baccalaureate social worker to provide the services, and exercises the degree of supervision appropriate to the circumstances.

§74.8 Special Provisions.

1. Licensure as a licensed master social worker.
   1. In accordance with subdivision (2) of section 7707 of the Education Law, an applicant who on September 1, 2004, possesses a master's of social work degree shall be licensed as a licensed master social worker, without having to pass the licensure examination as prescribed in section 74.3 of this Part, provided that the applicant meets all of the requirements of paragraph (2) of this subdivision by September 1, 2005.
   2. The applicant shall:
      1. file an application for licensure as licensed master social worker with the department by September 1, 2005;
      2. meet the education requirements for licensure as a licensed master social worker, as prescribed in subdivision (b) of section 74.1 of this Part;
      3. possess five years of employment performing functions of a licensed master social worker, as defined in section 7701(1) of the Education Law, which all must be obtained after completing the master's degree program in social work;
      4. be at least twenty-one years of age;
      5. be of good moral character as determined by the department; and (vi) pay a fee of one hundred fifteen dollars to the department for an initial license and a fee of one hundred fifty-five dollars for the first triennial registration period.
2. Licensure as a licensed clinical social worker.
   1. In accordance with subdivision (4) of section 7707 of the Education Law, an applicant who is licensed as a certified social worker on September 1, 2004, but had not received an authorization for insurance reimbursement pursuant to section 74.5 of this Part, who files with the department by September 1, 2005 an application for licensure as a licensed clinical social worker and by September 1, 2005 meets all of the requirements established in paragraph (2) of this subdivision, shall be licensed as a licensed clinical social worker without meeting any other requirements.
   2. The applicant shall:
      1. file an application for licensure as a licensed clinical social worker with the department by September 1, 2005;
      2. be of good moral character as determined by the department;
      3. pay a fee of one hundred fifteen dollars to the department for an initial license and a fee of one hundred fifty-five dollars for the first triennial registration period; and
      4. meet the requirement for a supervised experience for licensure as a licensed clinical social worker, as prescribed in section 74.3 of this Part, or for the credential for authorization for insurance reimbursement, as prescribed in section 74.5 of this Part.