Seventeen Important Facts about Social Work Licensing in New York

Prepared by:

Lu Lasson, LCSW-R, CASAC

Licensing Specialist

lasson@naswnyc.org

The Office of the Professions, under the the Board of Regents and the New York State Education Department, oversees the preparation, licensure, and practice of forty-eight professions, for which there are twenty-nine State Boards.  Among other things, the State Boards advise on licensing requirements, licensing examinations and practice issues.

The following is based on our current understanding of licensing law.  These laws have undergone many interpretations and implementations and are not static. All states have their own social work licensing laws, requirements and titles.  Laws are subject to change and it is incumbent on every social worker to know the laws and practice legally.

1. Licensing is a legal matter and requires all social workers to be knowledgeable about the licensing law.  In New York State, the licensing law went into effect September 1, 2004.  New York was the 48th state to institute licensure for social workers.

    

2. Laws and statutes are easily accessed on the Office of the Professions’ State Education Department (SED) web site (www.op.nysed.gov/sw.htm). All social workers are strongly urged to familiarize themselves with the laws, practice requirements, application forms, and the FAQs on the SED website and periodically check back for relevant changes.

3. The primary purpose of licensing is consumer protection.  The licensing law states that social workers have, at a minimum, completed a course of study leading to an MSW and have successfully passed a licensing exam.

4. In order to legally practice social work in New York State, social workers must be licensed and registered or have a limited permit, or be practicing in an exempt setting (see #11 below).   Licenses never expire; registration renewal is every three years.  Licensure status is public knowledge and can be accessed at http://www.op.nysed.gov/opsearches.htm.

5. There are two licenses in New York State: the Licensed Master Social Worker (LMSW) and the Licensed Clinical Social Worker (LCSW). 

6. For many social workers, the LMSW is the only license they will need.  LMSWs can engage in a wide range of social work activities without supervision (a complete list can be found at

   http://www.op.nysed.gov/prof/sw/article154.htm).  In addition to this wide range of activities, LMSWs can also provide psychotherapy, assessment-based treatment planning and diagnosis as long as they are practicing in an authorized setting and receiving supervision from an LCSW, a licensed psychologist or a psychiatrist who is hired by the agency. 

7. LCSWs can provide psychotherapy, assessment-based treatment planning and diagnosis without supervision. 

8. To qualify for the LMSW, a candidate must have received an MSW from an accredited school and pass the Master’s level exam.

9. There are three components of LCSW qualifications:

   ●   Academic: completion 12 credits of clinical coursework.

   ●   Experience: provision of psychotherapy, assessment-based treatment planning, and differential diagnosis obtained in an agency setting that is authorized to provide those services, such as an OMH-licensed outpatient mental health clinic.  A minimum of 2,880 client contacts must be obtained within a 3-6 year period.  A client contact is defined as one 45-minute session or any combination of sessions with the same person to equal 45 minutes of psychotherapy.  There must be between 10 and 20 client contacts per week (any more than 20/week is not counted and any week where there are fewer than 10 is not counted).

   ●   Supervision: one hour every week or two hours every other week by an LCSW, a licensed psychologist, or a psychiatrist who is hired by the agency.  Guidelines for supervision can be found at http://www.op.nysed.gov/prof/sw/swsupervision.htm.  Also note that Form 4B now includes a psychotherapy log, in which each week of practice and supervision is documented, retroactive to November 11, 2007.

10. LCSW-qualifying experience is obtained only after an LMSW or limited permit is granted or while working in an exempt setting (see #11 below).  Internship hours do not count.

11. Social workers working in programs that are operated, regulated, funded, or approved by OMH, OASAS, OMRDD or OCFS are temporarily exempt from licensure.  This means that a social worker may legally provide LMSW or LCSW services without being licensed.  These social workers may not call themselves licensed or use “LMSW” or “LCSW” after their names.  If a social worker in an exempt setting is providing LCSW-qualifying services and is appropriately supervised, those hours may count towards the LCSW experience requirement.  This exemption is scheduled to end on 7/1/2013, at which time these social workers must be licensed or have a limited permit.

12. The licensing law allows any federal, state, county or municipal employee permanent exemption from licensing as long as he/she is providing the exact same clinical services at the same job as he/she was on September 1, 2004.

13. Social work interns may be supervised by LMSWs for work that falls under LMSW scope of practice.  The provision of psychotherapy, assessment-based treatment planning and diagnosis by an intern must be supervised by an LCSW.

14. A non-exempt setting may not hire an intern over the summer or a new grad for LMSW scope of practice work until a limited permit (see #16 below) or license is in hand.

15. In order to take the exam for either the LMSW or the LCSW, you must first be notified by the New York State Education Department (NYSED) that you are eligible.  This means that NYSED has received and approved all of the necessary fees and application forms. 

16. A Limited Permit allows the legal practice of licensed master social work without having passed the LMSW exam. A limited permit may be approved by NYSED if your application is complete. You must first be hired because you have to include where you will be working and who will be supervising you. It is site- and supervisor-specific and good for 1 year.  It is not renewable.    The limited permit costs $70.00 and you can include the additional limited permit application and fee with your application for licensure or anytime thereafter.  This can be a good option for new grads who have yet to take or yet to pass the licensing exam. 

17. Reciprocity differs by state.  There is no reciprocity in NYS.  If you were previously licensed in another state, you must be licensed and registered in New York State in order to legally practice.  You must submit all the required fees and forms to NYSED.  If you took an ASWB exam elsewhere, you may not have to take it again.  To find out about licensing in other states, go to the NASW web site (www.naswstateabbreviation.org or www.naswdc.org and click Find A Chapter) and click on Licensing.