THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:	The Honorable the Members of the Board of Regents
FROM:	Johanna Duncan-Poitier
COMMITTEE:	Higher Education and Professional Practice
TITLE OF ITEM:	Amendment to the Regulations of the Commissioner of Education Relating to Requirements for Licensure as a Licensed Master Social Worker and Licensed Clinical Social Worker
DATE OF SUBMISSION:	December 20, 2004
PROPOSED HANDLING:	Discussion
RATIONALE FOR ITEM:	To Implement Statute
STRATEGIC GOAL:	Strategic Goal 3
AUTHORIZATION(S):

 

SUMMARY:

 

Attached is a proposed amendment to sections 74.3, 74.4, 74.5, 74.6, and 74.8 of the Regulations of the Commissioner of Education, relating to requirements for licensure as a licensed master social worker and licensed clinical social worker. Supporting materials for the proposed amendment are available upon request from the Secretary to the Board of Regents.

 

The purpose of the proposed amendment is to conform the regulatory requirements for licensure in licensed master social work and licensed clinical social work and for the authorization qualifying licensed clinical social workers for certain insurance reimbursement with new requirements established by Chapter 230 of the Laws of 2004. In June 2004, the Board of Regents adopted regulations for licensure in the field of social work. Subsequently, the Legislature enacted Chapter 230 of the Laws of 2004, which changed a number of the licensure requirements.  The proposed amendment incorporates these changes in regulation. 

 

A Notice of Proposed Rule Making concerning the proposed amendment will be published in the State Register on January 5, 2005.  It is recommended that formal action on the proposed amendment be taken at the March 2005 meeting of the Board of Regents.

 

Attachment

 

 

 

 

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

          Pursuant to sections 207, 6501, 6507, 7701, 7704, 7705, 7706, and 7707 of the Education Law, and sections 3221 and 4303 of the Insurance Law.

1.  Section 74.3 of the Regulations of the Commissioner of Education is amended, effective April 7, 2005, as follows:

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

(a) An applicant for licensure as a licensed clinical social worker shall meet the experience requirement for licensure by submitting documentation of [a full-time supervised experience of three-years in clinical social work] 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 [experience in] clinical social work experience in diagnosis, psychotherapy, and assessment-based treatment plans, completed over a period not to exceed six years [in which the applicant provides clinical social work services within the scope of practice of licensed clinical social work as defined in section 7701(2) of the Education Law], 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) . . .   

(2) The supervised experience shall be [a facility experience in clinical social work, as prescribed in subparagraph (i) of this paragraph, or a nonfacility experience in psychotherapy], 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.

(i) [The facility experience shall mean the provision of clinical social work services as a salaried employee or compensated independent contractor working for a facility, defined as] 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 [, under the supervision prescribed in paragraph (3) of this subdivision].

(ii) [Nonfacility experience in psychotherapy shall mean the provision of psychotherapy, as defined in section 7701(4) of the Education Law, in a setting not prescribed in subparagraph (i) of this paragraph, under the supervision prescribed in paragraph (3) of this subdivision.] 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.

(i) . . .

(ii) The supervision shall be provided by:

(a) a licensed clinical social worker [who, at the time of supervision of the applicant, met the qualifications for insurance reimbursement pursuant to section 74.5 of this Part, and is a graduate of a council on social work education accredited graduate program,] or [its] the equivalent as determined by the department; or

(b) 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 [, and is a graduate of a program in psychology approved by the American Psychological Association or an equivalent program 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

(c) . . .

2.  Section 74.4 of the Regulations of the Commissioner of Education is amended, effective April 7, 2005, as follows:

74.4 Limited permits.

(a) 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:

(i) file an application for a limited permit with the department and pay the application fee; and

[(ii)  . . .

(iii) . . .]

(ii) 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.

[(3)] (4) The limited permit in licensed master social work shall be valid for a period of not more than 12 months, [provided that the limited permit may be extended once at the discretion of the department if the permit holder has not had a reasonable opportunity to take the licensing examination or to afford the permit holder an additional opportunity to complete the examination successfully, and provided further that the time authorized by such permit and subsequent extension shall not exceed 24 months total] and shall not be renewable.

(b) 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:

(i) file an application for the limited permit with the department and pay the application fee; and

[(ii) . . .

(iii) . . .]

(ii) 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:

(i) the permit holder apprises the supervisor of the diagnosis and treatment of each client;

(ii) the permit holder's cases are discussed;

(iii) the supervisor provides the permit holder with oversight and guidance in diagnosing and treating clients;

(iv) the supervisor regularly reviews and evaluates the professional work of the permit holder; and

(v) 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 no more than 50 percent of the required hours of in-person supervision may be group clinical supervision.

 [(3)] (4) The limited permit in licensed clinical social work shall be valid for a period of not more than 12 months, [provided that the limited permit may be extended once at the discretion of the department if the permit holder has not had a reasonable opportunity to take the licensing examination or to afford the permit holder an additional opportunity to complete the examination successfully or to afford the permit holder additional time to meet the experience requirement for licensure, and provided further that the time authorized by such permit and subsequent extension shall not exceed 24 months total] and shall not be renewable.   

3. Section 74.5 of the Regulations of the Commissioner of Education is amended, effective April 7, 2005, as follows:

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

(a) [Upon satisfaction of the requirement 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 years of experience pursuant to Insurance Law, section 3221(l)(4)(A) or 4303(i).] Upon satisfaction of the requirements set forth in subdivision [(d)] (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 [six years of experience] 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).

(b) . . .

[(c) . . .] 

[(d) Six-year credential.] (c) In order to fulfill the requirements of Insurance Law, section 3221(l)(4)(D) or 4303(n), the [six years of experience in psychotherapy required of licensed clinical social workers shall be] 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 [for a six-year credential] shall have the experience which meets the standards of subparagraph (i), (ii), or (iii) of this paragraph.

(i) Experience obtained in a facility shall be:

[(a) . . .]

[(b)] (a) no less than three [subsequent] 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; 

[c] (b) . . .

[(ii) . . .]

(ii) 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.

(iii) . . .

[(2) . . .]

(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.

[(i) . . .]

[(ii)] (i)   [In the second three years of experience, the supervision shall be] The supervision of the experience shall be:

(a) . . .

(b) [facility-based] group supervision or group consultation of no less than four hours per month [with supervisor employed by the facility];

(c) . . .

(d) [group supervision where the supervisor is not employed by the facility, or] peer supervision, consisting of no less than four hours per month.  Candidates presenting peer [or group] 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.

[(iii)] (ii) To be satisfactory, supervision must be provided by:

(a) A licensed clinical social worker who, at the time of supervision of the applicant, [met the qualifications for insurance reimbursement status as stated in subdivision (c) of this section and is a graduate of a council on social work education accredited graduate program, or its equivalent as determined by the department] 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

(b) 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 [and is a graduate of a program in psychology approved by the American Psychological Association or an equivalent program 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

     (c) . . .

4. Section 74.6 of the Regulations of the Commissioner of Education is amended, effective April 7, 2005, as follows:

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 [and limited] by subdivision (a) of this section, under supervision, as prescribed in subdivision (b) of this section. 

(a) For purposes of this section [, a]:

(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. 

(b) Supervision of the clinical social work services provided by the licensed master social worker.

(1) . . .

(2) The supervision shall be provided by:

(i) a licensed clinical social worker [who, at the time of supervision of the applicant, met the qualifications for insurance reimbursement pursuant to section 74.5 of this Part, and is a graduate of a council on social work education accredited graduate program,] or [its] the equivalent as determined by the department; or

(ii) 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 [,and is a graduate of a program in psychology approved by the American Psychological Association or an equivalent program 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

 (iii) . . .

5. Section 74.8 of the Regulations of the Commissioner of Education is amended, effective April 7, 2005, as follows:

74.8 Special Provisions.

(a) 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 [both] a master’s of social work degree [and five years of post-graduate social work employment] 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:

(i) file an application for licensure as licensed master social worker with the department by September 1, 2005;

(ii) meet the education requirements for licensure as a licensed master social worker, as prescribed in subdivision (b) of section 74.1 of this Part [, by September 1, 2004];

(iii) [document to the satisfaction of the department] 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 [and completed by September 1, 2004];

(iv) . . .

(v) . . .

(vi) . . .

(b) 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 [demonstrates to the satisfaction of the department that the applicant] 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:

(i) . . .

(ii) . . . 

(iii) . . .

(iv) [upon application, meets] meet the requirement for a supervised experience for licensure as a licensed clinical social worker, as prescribed in section [74.5] 74.3 of this Part, [for a three-year or six-year] or for the credential for authorization for insurance reimbursement, as prescribed in section 74.5 of this Part.