Regulations of the Commissioner


Part 74, Social Work

Effective December 8, 2010

§74.1 Professional study of social work. | §74.2 Professional licensing examination. | §74.3 Experience requirement for licensure as a licensed clinical social worker. | §74.4 Limited permits. | §74.5 Authorization of licensees for insurance reimbursement. | §74.6 Supervision requirements for certain qualified individuals providing clinical social work services. | §74.7 Supervision of certain social workers providing licensed master social work services. | §74.8 Special Provisions. | §74.9 Licensure by endorsement of certain licensed clinical social workers. | §74.10 Continuing education for licensed master social workers or licensed clinical social workers.

§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 section 74.6 of this Part. For purposes of this subdivision, the full-time experience shall consist of not less than 2,000 client contact hours over a continuous period of at least 36 months and not to exceed six years.
    1. Experience obtained in New York must be obtained as a licensed master social worker (LMSW) or limited permit holder, except the department may, in limited circumstances, accept other experience where an applicant demonstrates that such experience was obtained in an authorized setting and under the supervision of a qualified supervisor. Experience obtained in another jurisdiction 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, and such experience must be obtained in a setting authorized in such jurisdiction to provide such services and be under the supervision of a qualified supervisor acceptable to the department.
    2. The supervised experience shall be obtained in a setting acceptable to the department, as defined in subdivision (a) of section 74.6 of this Part.
    3. The supervision shall be provided by a supervisor who meets the requirements of paragraph (c)(2) of section 74.6 of this Part.
    4. The supervisor(s) shall verify the applicant’s supervised experience to the department on forms prescribed by the department. The department may request additional information or clarification in regard to the supervisor’s qualifications or the authority of the setting to provide professional services. In the event a supervisor is deceased or not available, the verification may be submitted by a licensed colleague who attests to the name and qualifications of the supervisor, the dates of supervised experience, client contact hours and supervision hours and other information required by the department to evaluate the applicant’s supervised experience.

§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;
      2. be of good moral character, as determined by the department; and
      3. 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 setting deemed acceptable by the department, as described in subdivision (a) of section 74.6 of this Part. 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. In addition:
      1. the supervisor shall be responsible for appropriate oversight of all services provided by a permit holder under his or her general supervision; and
      2. no supervisor shall supervise more than five permit holders at one time.
    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;
      2. be of good moral character, as determined by the department; and
      3. 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 setting acceptable to the department, as described in subdivision (a) of section 74.6 of this Part, except that the setting shall not be a private practice owned or operated by the applicant.
    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 the supervision meets the requirements set forth in subdivision (c) of section 74.6 of this Part. In addition:
      1. the supervisor shall be responsible for appropriate oversight of all services provided by a permit holder under his or her general supervision; and
      2. no supervisor shall supervise more than five permit holders at one time.
    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 $100, a licensed clinical social worker may qualify for insurance reimbursement 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 at least 2,400 client contact hours of experience in psychotherapy over a period of not less than three years after licensure as a licensed clinical social worker, with not less than 400 client contact hours in any one year, in accordance with the following criteria:
    1. Acceptable setting. The experience shall be completed in a setting acceptable to the department, as described in this paragraph, which may include a practice owned or operated by the applicant. An acceptable setting shall mean:
      1. a professional service corporation, registered limited liability partnership, or professional service limited liability company authorized to provide services that include psychotherapy;
      2. a sole proprietorship owned by a licensee who provides services that are within the scope of his or her profession and services that are within the scope of psychotherapy;
      3. a professional partnership owned by licensees who provide services that include psychotherapy.
      4. a hospital or clinic authorized under article 28 of the Public Health Law to provide services that include psychotherapy;
      5. a program or facility authorized under the Mental Hygiene Law to provide services that include psychotherapy;
      6. a program or facility authorized under federal law to provide services that include psychotherapy; or
      7. an entity defined as exempt from the licensing requirements or otherwise authorized under New York law or the laws of the jurisdiction in which the entity is located to provide services that include psychotherapy.
    2. Supervision of experience. The licensed clinical social worker shall submit for review and approval by the State Board for Social Work, on forms prescribed by the department, a plan for supervised experience that will meet the requirements of this paragraph. The plan shall be submitted to the State Board for Social Work before the licensed clinical social worker commences the supervised experience requirement under this section.
      1. The plan for supervision shall specify:
        1. individual or group consultation of no less than two hours per month; or
        2. enrollment in a program authorized to provide psychotherapy offered by an institution of higher education or by a psychotherapy institute chartered by the Board of Regents.
      2. The individual or group supervision must be provided by:
        1. A licensed clinical social worker who, at the time of supervision of the applicant, held the psychotherapy privilege authorized by this paragraph 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 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.
  4. An applicant who started the experience to qualify for insurance reimbursement prior to January 1, 2011 may submit any experience obtained prior to licensure as a licensed clinical social worker provided that such experience, in the determination of the department, satisfies the experience requirements for such reimbursement and is obtained after the experience used to satisfy the experience requirements for licensure as a licensed clinical social worker. Experience to qualify for insurance reimbursement commenced on after January 1, 2011 shall be obtained only after licensure as a licensed clinical social worker.

§74.6 Supervision requirements for certain qualified individuals providing clinical social work services.

Certain qualified individuals, as defined in paragraph (2) of subdivision (a) of this section, that seek to use the services to satisfy the experience requirements for licensure as a licensed clinical social worker may provide clinical social work services in a setting acceptable to the department, as described in paragraph (1) of subdivision (a) of this section, under appropraite supervision, as prescribed in subdivision (c) of this section.

  1. For purposes of this section:
    1. An acceptable setting shall mean:
      1. a professional service corporation, registered limited liability partnership, or professional service limited liability company authorized to provide services that are within the scope of practice of licensed clinical social work;
      2. a sole proprietorship owned by a licensee who provides services that are within the scope of his or her profession and services that are within the scope of licensed clinical social work;
      3. a professional partnership owned by licensees who provide services that are within the scope of practice of licensed clinical social work.
      4. a hospital or clinic authorized under article 28 of the Public Health Law to provide services that are within the scope of practice of licensed clinical social work;
      5. a program or facility authorized under the Mental Hygiene Law to provide services that are within the scope of practice of licensed clinical social work;
      6. a program or facility authorized under federal law to provide services that are within the scope of practice of licensed clinical social work; or
      7. an entity defined as exempt from the licensing requirements or otherwise authorized under New York law or the laws of the jurisdiction in which the entity is located to provide services that are within the scope of practice of licensed clinical social work.
    2. A qualified individual shall mean a licensed master social worker, an individual with a limited permit to practice licensed clinical social work as authorized by section 7705 of the Education Law, or an individual otherwise authorized to provide clinical social work services in a setting acceptable to the department and under appropriate supervision.
  2. A qualified individual may submit to the State Board for Social Work a plan for his or her supervised experience in New York toward licensure as a licensed clinical social worker for review and approval. The plan shall include:
    1. a copy of documentation establishing that the agency or setting is an acceptable setting as defined in subdivision (a) of this section;
    2. a copy of the license of the qualified supervisor, as defined in subdivision (c) of this section;
    3. a plan for supervision of the qualified individual accompanied by an attestation from the supervisor(s) that he/she is responsible for any services provided by the individual;
    4. if a third-party is supervising the qualified individual, an affirmation from a designated representative of the setting that the setting is authorized to provide clinical social work services and that the setting will ensure appropriate supervision of the qualified individual when the individual is performing such services.
  3. Supervision of the clinical social work services provided by a qualified individual seeking licensure as a licensed clinical social worker.
    1. Supervision of the clinical social work services provided by the qualified individual shall consist of contact between the qualified individual and supervisor during which:
      1. the qualified individual apprises the supervisor of the diagnosis and treatment of each client;
      2. the qualified individual's cases are discussed;
      3. the supervisor provides the qualified individual with oversight and guidance in diagnosing and treating clients;
      4. the supervisor regularly reviews and evaluates the professional work of the qualified individual; and
      5. the supervisor provides at least one hundred hours of in-person individual or group clinical supervision, distributed appropriately over the period of the supervised experience.
    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.
  4. Supervision of a licensed master social worker providing clinical social work services in accordance with section 7701(1)(d) of the Education Law who is not using such services to satisfy the experience requirements for licensure as a licensed clinical 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 two hours per month of in-person individual or group clinical supervision.
    2. The supervision shall be provided by an appropriate supervisor as described in paragraph (c)(2) of this section.
  5. Verification of the experience. The supervisor shall be responsible for maintaining records of the client contact hours in diagnosis, psychotherapy and assessment-based treatment planning and supervision hours provided to the qualified individual. Upon request by the department, such records shall be provided by the supervisor.

§74.7 Supervision of certain 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 or higher degree based upon completion of a baccalaureate or master's degree program in social work 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 such individual to provide the services, and exercises the degree of supervision appropriate to the circumstances. Nothing in this section shall authorize the use of a title restricted under subdivisions 2 and 3 of section 7702 of the Education Law or the practice of licensed clinical social work, as defined in section 7701 of the Education Law.

§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.

§74.9 Licensure by endorsement of certain licensed clinical social workers.

An applicant seeking endorsement of a license in clinical social work issued by another state, country or territory shall present evidence of:

  1. age, the applicant shall be at least 21 years of age;
  2. licensure by another jurisdiction in clinical social work;
  3. completion of a master’s degree in social work with clinical content that qualified the applicant for licensure as a licensed clinical social worker in the other jurisdiction;
  4. completion of supervised experience in clinical social work and psychotherapy that qualified the applicant for initial licensure in the other jurisdiction;
  5. passage of an examination acceptable to the department for the practice of clinical social work, as defined in section 74.2 of this Part;
  6. at least ten years of experience in clinical social work satisfactory to the State Board for Social Work, within the 15 years immediately preceding the application for licensure by endorsement in New York;
  7. completion of coursework in the identification and reporting of suspected child abuse and neglect or the exemption from such coursework, as specified in section 6507(3) of the Education Law;
  8. good moral character as determined by the department; and
  9. acceptable licensure and discipline status in each jurisdiction in which the applicant holds a professional license.

§74.10 Continuing education for licensed master social workers or licensed clinical social workers.

  1. Definitions. As used in this section:
    1. Acceptable accrediting agency means 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 in a fair, consistent and nondiscriminatory manner, such as an agency recognized for this purpose by the Council for Higher Education Accreditation.
    2. Higher education institution means a degree-granting postsecondary institution accredited by an acceptable accrediting agency.
    3. Psychotherapy institute means a psychotherapy institute chartered by the Board of Regents, or an institution offering a program which meets the requirements of section 52.35 of this Title.
  2. Applicability of requirements.
    1. Each licensed master social worker or licensed clinical social worker, required under article 154 of the Education Law to register with the department to practice in New York State, shall comply with the mandatory continuing education requirements as prescribed in subdivision (c) of this section, except those licensees exempt from the requirement or who obtain an adjustment to the requirement pursuant to paragraph (2) of this subdivision or who are subject to a different requirement pursuant to this section.
    2. Exemptions and adjustments to the requirement.
      1. Exemptions. The following licensees shall be exempt from the continuing education requirements, as prescribed in subdivision (c) of this section:
        1. licensees for the triennial registration period during which they are first licensed to practice as a licensed master social worker or licensed clinical social worker in New York State; and
        2. licensed master social workers or licensed clinical social workers who are not engaged in the practice of social work, as evidenced by not being registered to practice in New York State, except as otherwise prescribed in subdivision (e) of this section to meet the requirements for the resumption of practice in New York State.
      2. Adjustments to the requirement. An adjustment to the continuing education requirement, as prescribed in subdivision (c) of this section, may be made by the department, provided that the licensee documents good cause that prevents compliance or the department determines otherwise that there is good cause that prevents compliance, which shall include, but not be limited to, any of the following reasons: poor health or a specific physical or mental disability certified by an appropriate health care professional; or extended active duty with the Armed Forces of the United States; or other good cause beyond the licensee's control which in the judgment of the department, makes it impossible for the licensee to comply with the continuing education requirements in a timely manner.
  3. Mandatory continuing education requirement.
    1. General requirement.
      1. During each triennial registration period, meaning a registration period of three years' duration, an applicant for registration shall complete at least 36 hours of continuing education, acceptable to the department, as defined in paragraph (2) of this subdivision. Any licensed master social worker or licensed clinical social worker whose first registration date following January 1, 2015 occurs less than three years from such date shall complete continuing education hours on a prorated basis at the rate of one hour of acceptable formal continuing education per month for the period beginning January 1, 2015 up to the first registration date thereafter. Such continuing education shall be completed during the period beginning January 1, 2015 and ending before the first day of the new registration period.
      2. Proration. Unless otherwise prescribed in this section, during each registration period of less than three years' duration, an applicant for registration shall complete acceptable continuing education, as defined in paragraph (2) of this subdivision and within the limits prescribed in such paragraph, on a prorated basis at a rate of one hour of continuing education per month for such registration period.
      3. A licensed clinical social worker who is also licensed and registered to practice as a licensed master social worker in the same triennial registration period, shall not be required to complete more than 36 hours in the triennial registration period, or one hour per month for a registration period other than 36 months.
    2. Acceptable formal continuing education. To be acceptable to the department, continuing education shall meet the requirements of this paragraph. Such continuing education must be in subjects prescribed in subparagraph (i) of this paragraph and be the types of learning activities prescribed in subparagraph (ii) of this paragraph and subject to the prohibition contained in subparagraph (iii) of this paragraph.
      1. Subjects. Acceptable continuing education shall contribute to the professional practice of social work and shall have as its focus one or more of the following subjects:
        1. theories and concepts of human behavior in the social environment;
        2. social work practice, knowledge and skills;
        3. social work research, programs, or practice evaluations;
        4. social work management, administration or social policy;
        5. social work ethics;
        6. clinical interventions, evidence-based models, and principles of clinical social work practice, psychotherapy, and clinical social work diagnosis;
        7. client communications and recordkeeping;
        8. administrative supervision of licensed master social work and clinical supervision of licensed clinical social work practice;
        9. pedagogical methodologies or other topics which contribute to the professional practice of licensed master social work and licensed clinical social work; or
        10. cross-disciplinary offerings from medicine, law, administration, education and the behavioral sciences are acceptable if they are clearly related to the enhancement of social work practice, skills and knowledge and the health, safety, and/or welfare of the public.
      2. Types of learning activities. Acceptable continuing education shall be the types of learning activities prescribed in this subparagraph and shall be subject to the limitations prescribed in this subparagraph and subparagraph (iii) of this paragraph.
        1. Courses of learning. Acceptable courses of learning and other education activities must be taken from a provider who has been approved by the department on the basis of an application and fee, pursuant to subdivision (j) of this section. Formal courses of learning shall include but not be limited to, university and college credit and non-credit courses, and professional development programs and technical sessions offered by national, state and local professional associations and other organizations acceptable to the department, and any other organized educational and technical programs related to the practice of social work that are acceptable to the department.
        2. Other educational activities. Acceptable continuing education shall be the following other educational activities:
          1. preparing and teaching a course offered by a provider of continuing education to licensed master social workers and licensed clinical social workers, approved pursuant to subdivision (j) of this section, provided that such teaching shall not be acceptable where the licensee has taught the course on more than one occasion without presenting new or revised material. Continuing education hours that may be credited for this activity may include actual instructional time plus preparation time which may be up to two additional hours for each hour of presentation;
          2. preparing and teaching a course, acceptable to the department, at a higher education institution or psychotherapy institute, as defined in paragraph (a)(2) or (3) of this section, relating to the practice of social work, provided that such teaching shall not be acceptable where the licensee has taught the course on more than one occasion without presenting new or revised material. Continuing education hours that may be credited for this activity may include actual instructional time plus preparation time which may be up to two additional hours for each hour of presentation;
          3. making a technical presentation at a professional conference sponsored by an organization that is a provider of continuing education to licensed master social workers and licensed clinical social workers and that is approved pursuant to subdivision (j) of this section, provided that such presentation shall not be acceptable where the licensee has presented on the topic on more than one occasion without presenting new or revised material. Continuing education hours that may be credited for this activity shall include actual presentation time, plus preparation time which may be up to two additional hours for each hour of presentation;
          4. completing a self-study program, meaning structured study, offered by a provider approved pursuant to subdivision (i) of this section, that is based on audio, audio-visual, written, on-line, or other media, and does not include live instruction, transmitted in person or otherwise, during which the student may communicate and interact with the instructor and other students. Self-study may comprise no more than twelve hours of continuing education in any three-year registration period, or one-third of the hours for a registration period other than three years;
          5. authoring a first-time article published in a peer-reviewed journal or a chapter in a published book, provided that the amount of continuing education credit awarded for such activity shall be two hours; or
          6. authoring a first-time book in the practice of licensed master social work or licensed clinical social work, provided that the amount of continuing education credit awarded for such activity shall be five hours.
        3. The department may, in its discretion and as needed to contribute to the health and welfare of the public, require the completion of continuing education courses in specific subjects to fulfill this mandatory continuing education requirement.
      3. Prohibition. Any continuing education designed for the sole purpose of personal development, marketing, business practices, and maximizing profits for the practice of a licensed master social worker or licensed clinical social worker shall not be considered by the department as acceptable continuing education.
  4. Renewal of registration. At each re-registration, licensed master social workers and licensed clinical social workers shall certify to the department that they have either complied with the continuing education requirements, as prescribed in this section, or are subject to an exemption or adjustment to such continuing education requirements, as prescribed in subdivision (c) of this section.
    1. A licensee who has not satisfied the mandatory continuing education requirements shall not practice until such requirements have been met and the licensee has been issued a registration certificate by the department, except where a licensee has been issued a conditional registration, as provided for in subdivision (f) of this section.
    2. Continuing education hours taken during one registration period may not be transferred to the subsequent registration period.
  5. Requirement for lapse in practice.
    1. A licensee returning to the practice of licensed master social work or licensed clinical social work after a lapse in practice, as evidenced by not being registered to practice in New York State, whose first registration date after such lapse in practice occurs less than three years from January 1, 2015. shall be required to complete:
      1. at least one hour of acceptable continuing education for each month beginning with January 1, 2015 until the beginning of the new registration period, which shall be completed for a licensee who has not lawfully practiced licensed master social work or licensed clinical social work continuously in another jurisdiction throughout such lapse period, in the 12-month period before the beginning of the new registration period; and for the licensee who has lawfully practiced as a licensed master social worker or licensed clinical social worker continuously in another jurisdiction throughout such lapse period, in the new registration period or at the option of the licensee in the period beginning 36 months before the commencement of the new registration period and ending at the conclusion of such new registration period; and
      2. for a licensee who has not lawfully practiced as a licensed master social worker or licensed clinical social worker continuously in another jurisdiction throughout such lapse period, at least 12 hours of acceptable continuing education in each successive 12-month period of the new registration period: and for a licensee who has lawfully practiced licensed master social work or licensed clinical social work continuously in another jurisdiction throughout such lapse period, the regular continuing education requirement during the new registration period.
    2. Except as prescribed in paragraph (1) of this subdivision for registrations therein specified, a licensee who returns to practice as a licensed master social worker or licensed clinical social worker after a lapse in practice in which the licensee was not registered to practice in New York State and did not lawfully practice continuously in another jurisdiction throughout the lapse period, shall be required to complete:
      1. the continuing education requirement applicable to the period of time the licensee was registered in the licensee's last registration period;
      2. at least one hour of acceptable continuing education for each month of lapsed registration up to a maximum 36 hours, which shall be completed in the 12 months before the beginning of the new registration period; and
      3. at least 12 hours of acceptable continuing education in each succeeding 12-month period, after such registration is reissued, until the next registration date.
    3. Except as prescribed in paragraph (1) of this subdivision for registrations therein specified, a licensee who returns to the practice of licensed master social work or licensed clinical social work after a lapse in practice in which the licensee was not registered to practice in New York State but did lawfully practice licensed master social work or licensed clinical social work continuously in another jurisdiction throughout the lapse period, shall be required to complete:
      1. the continuing education requirement applicable to the period of time the licensee was registered in the licensee's last registration period; and
      2. at least one hour of acceptable continuing education for each month of lapsed registration up to a maximum of 36 hours, which shall be completed in the new registration period, or at the option of the licensee in the period beginning 36 months before the commencement of the new registration period and ending at the conclusion of the new registration period; and
      3. the regular continuing education requirement during the new registration period.
  6. Conditional registration.
    1. The department may issue a conditional registration to a licensee who attests to or admits to noncompliance with the continuing education requirements of this section, provided that such licensee meets the following requirements:
      1. the licensee agrees to remedy such deficiency within the conditional registration period;
      2. the licensee agrees to complete the regular continuing education requirement at the rate of one hour of acceptable continuing education per month during such conditional registration period; and
      3. the licensee agrees to complete additional continuing education during such conditional registration period, which the department may require to ensure the licensee's proper delivery of professional licensed master social work or licensed clinical social work services consistent with the licensee's practice as a licensed master social worker or licensed clinical social worker.
    2. The duration of such conditional registration shall not exceed one year and shall not be renewed or extended.
  7. Licensee records. Each licensee subject to the requirements of this section shall maintain, or ensure access by the department to, a record of completed continuing education, which includes: the title of the course if a course, the type of educational activity if an educational activity, the subject of the continuing education, the number of hours of continuing education completed, the provider's name and any identifying number (if applicable), attendance verification if a course, participation verification if another educational activity, a copy of any article or book for which continuing education credit is claimed with proof of publication, and the date and location of the continuing education. Such records shall be retained for at least six years from the date of completion of the continuing education and shall be made available for review by the department in the administration of the requirements of this section.
  8. Measurement of continuing education study. Continuing education credit shall be granted only for acceptable continuing education, as prescribed in subdivision (c) of this section. For continuing education courses, a minimum of 50 minutes shall equal one continuing education hour of credit. For credit-bearing university or college courses, each semester-hour of credit shall equal 15 continuing education hours of credit, and each quarter-hour of credit shall equal 10 continuing education hours of credit. Continuing education credit for other educational activities shall be awarded as described in clause (c)(2)(ii)(b) of this section or as otherwise prescribed by the department.
  9. Provider approval.
    1. An entity seeking approval by the department as a provider of continuing education to licensed master social workers or licensed clinical social workers in the form of courses of learning or self-study programs shall submit the fee prescribed in paragraph (i)(3) of this section and meet the requirements of paragraphs (2) and (3) of this subdivision.
    2. An entity eligible to apply for approval to be a provider of continuing education to licensed master social workers and licensed clinical social workers includes, but is not limited to:
      1. a higher education institution that offers programs that are registered pursuant to Part 52 of this Title as leading to licensure as a licensed master social worker or licensed clinical social worker in New York or accredited by the Council on Social Work Education or a higher education institution that is accredited by an acceptable accrediting agency and that offers graduate coursework that is directly related to the enhancement of practice, skills and knowledge of licensed master social workers or licensed clinical social workers;
      2. a psychotherapy institute, as defined in paragraph (a)(3) of this section that offers coursework that is directly related to the enhancement of practice, skills and knowledge of licensed master social workers or licensed clinical social workers;
      3. a national social work organization or other professional organization that promotes and protects the health, safety and welfare of the public and fosters good practice in the social work professions, including specialty boards, acceptable to the department;
      4. a New York State social work organization, acceptable to the department, that is incorporated or otherwise organized in New York State that promotes and protects the health, safety and welfare of the public and fosters good practice in the social work professions in the State of New York as a whole and/or a region of the State of New York;
      5. a national organization of jurisdictional boards of social work that promote and protect the health, safety and welfare of the public and fosters good practice in the social work professions;
      6. an entity operated under an operating certificate appropriately issued in accordance with articles 16, 31 or 32 of the Mental Hygiene Law; or
      7. an entity, hospital or health facility defined in section 2801 of the Public Health Law.
    3. Department review of providers.
      1. The department shall conduct a review of providers that apply for approval to offer continuing education to licensed master social workers or licensed clinical social workers.
      2. An organization desiring to offer continuing education shall submit, with the fee as set forth in subdivision (j) of this section, an application for advance approval as a provider at least 90 days prior to the date of the commencement of such continuing education that documents that the organization:
        1. will offer courses of learning or self-study programs in one or more of the subjects prescribed for acceptable continuing education in subparagraph (c)(2)(i) of this section;
        2. is an organized entity, included in paragraph (2) of this subdivision, including but not limited to an institution that offers a graduate program that leads to licensure in social work; or a national, State, or local social work organization; a hospital, behavioral health program or program serving persons with developmental disabilities: or another entity that employs licensed master social workers and licensed clinical social workers and that meets the requirements of this subdivision;
        3. provides course instructors who are qualified to teach the courses which will be offered, including but not limited to, faculty of a licensed master social work or licensed clinical social work program offered by a higher education institution; or instructors who are specially qualified authorities in activities that are directed at developing and enhancing a licensee's practice as a licensed master social worker or licensed clinical social worker, as determined by the department with assistance from the State Board for Social Work, to conduct such courses;
        4. has a method of assessing the learning of participants, and describes such method; and
        5. will maintain records for at least six years from the date of completion of coursework, which shall include, but shall not be limited to, the name and curriculum vitae of the faculty, a record of attendance of licensed master social workers or licensed clinical social workers in the course if a course; a record of participation of licensed master social workers or licensed clinical social workers in the self-instructional coursework if self-instructional coursework; an outline of the course, date and location of the course, and the number of hours for completion of the course. In the event an approved provider discontinues operation, the governing body of such provider shall notify the department and shall transfer all records as directed by the department.
      3. Providers that are approved by the department pursuant to the requirements of this paragraph shall be approved for a three-year term.
      4. The department may conduct site visits of, or request information from, a provider approved pursuant to the requirements of this paragraph to ensure compliance with such requirements, and a provider shall cooperate with the department in permitting such site visits and in providing such information.
      5. A determination by the department that a provider approved pursuant to the requirements of this paragraph is not meeting the standards set forth in this paragraph shall result in the denial or termination of the approved status of the provider.
      6. Prohibition: Presenters of didactic instruction may be persons who are not licensed by the State of New York as licensed master social workers or licensed clinical social workers. The performance of activities that fall within the restricted scope of practice of the licensed master social worker or licensed clinical social worker must be done by individuals licensed and registered under article 154 of the Education Law, or those otherwise authorized by law to perform such activities, when the continuing education occurs in the State of New York.
  10. Fees.
    1. At the beginning of each registration period, a mandatory continuing education fee of $45 shall be collected from licensees engaged in the practice of social work in New York State, except for those exempt from the requirement pursuant to subparagraph (c)(2)(i) of this section. This fee shall be in addition to any applicable registration fees required by sections 6507-a and 7704 of the Education Law.
    2. Licensees applying for a conditional registration, pursuant to the requirements of subdivision (f) of this section, shall pay a fee that is the same as and in addition to, any applicable fee for the triennial registration required by sections 6507-a and 7704 of the Education Law. In addition, such licensees shall pay the $45 mandatory continuing education fee.
    3. Organizations desiring to offer continuing education to licensed master social workers and/or licensed clinical social workers shall submit an application fee of $900 with the application requesting the issuance of a permit from the department to become an approved provider of a formal continuing education program. A fee of $900 shall accompany an application for a three-year renewal of the permit.
Last Updated: May 22, 2014