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Practice Guidelines
Law, rules and regulations, not Guidelines, specify the
requirements for practice and violating them constitutes
professional misconduct. Not adhering to this Guideline may be
interpreted as professional misconduct only if the conduct also
violates pertinent law, rules and regulations, some citations of
which are listed at the end of this Guideline.
1. Defining the Terms for Providing
Professional Services
- 1.1
- Be sure that you practice within your authorized scope of
practice, as either a Licensed Master Social Worker (LMSW) or the
Licensed Clinical Social Worker (LCSW). It is your responsibility
to understand the laws and regulations that define practice as an
LMSW or as an LCSW, including any requirements for
supervision.
- 1.2
- At the outset of service:
- Provide the client with information on what services you/your
agency can provide to clients and what is required of clients
receiving these services;
- Involve the client in the mutual development and
implementation of any treatment program or other service plan to
the fullest extent of his/her abilities; and
- Provide the client with a statement, preferably in writing,
regarding all fees and relevant business procedures. This
includes, but is not limited to, billing and payment procedures,
including use of collection agencies, handling of insurance
reimbursement, requirements for canceling appointments, charges
for missed appointments, billing for collateral contacts and
court room time, and the client's right to access his/her
records within the law.
- 1.3
- If appropriate, be sure you understand how to bill insurance
companies and other third-party payers in accordance with New
York State law, rules and regulations.
- 1.4
- If a client stops using your services against your advice and
you believe this places the client at risk, develop a clear plan,
preferably in writing, for re-engaging the client. The plan
should be placed in the client's record and should note why
you believe the termination is inappropriate, any alternative
services that are available to the client, and the mechanisms for
re-entry into your or your agency's care.
- 1.5
- If you leave an agency and/or practice, provide reasonable
advance notice in writing and a clear and written plan to clients
for the continuation of care. Such documents should be placed in
the client's record.
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Citations of Pertinent Law, Rules or Regulations:
Education Law, section
6509(9) - unprofessional conduct
Education Law, section 6509-a - fee
splitting
Education Law, section 7701(1) -
practice of licensed master social work
Education Law, section 7701(2) -
practice of licensed clinical social work
Civil Practice Laws
and Rules, section 4508 - privileged communication
Regents Rules, part 29.1(b)(2) -
exercising undue influence
Regents Rules, part 29.1(b)(3) -
referral fees
Regents Rules, part 29.1(b)(4) - fee
splitting
Regents Rules, part 29.1(b)(7) - failing
to release requested records
Regents Rules, part 29.1(b)(11) -
patient/client authorization of services
Regents Rules, part 29.1(b)(12) -
advertising not in the public interest
Regents Rules, part 29.2(a)(1) -
abandoning a patient/client
Regents Rules, part 29.2(b) - failing to
provide access to records as required by Public Health Law,
section 18
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