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.

§74.1 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.
Last Updated: December 13, 2010