Notice to Supervisors Offering their Services for Hire

And LMSWs Looking for Private Supervision

(January 20, 2009)

Note: Anyone advertising services as a private supervisor, and anyone looking to hire a private supervisor should be aware of the issues discussed in this notice.  The information below, which is provided by NASW-NYC, is not a legal opinion but reflects the best information available at this time.  It is not clear at this time when actions that the State Education Department (SED) is considering will go into effect, and elements of what we understand now may be subject to change.  Unfortunately, this is the state of affairs with the implementation of the social work licensing law.  NASW-NYC recommends caution in taking any action regarding the issues discussed below.  For more information about a specific situation, it is recommended that a social worker contact SED or consult with an attorney. 

The State Education Department has recently clarified the following:

1. Private supervision for LMSWs who are in their own private practice engaged in clinical work will NOT be acceptable toward qualifying for the LCSW.  However, such supervision may be acceptable for LMSWs who have been in private practice prior to February 2, 2009.  This is addressed further, below.
2. LMSWs who are employed in “facility” settings may not hire their own private supervisors, but the facility may be able to hire private supervisors for their LMSWs. This is also discussed further, below.

SED has been saying that the hiring of supervisors by LMSWs contradicts the principle that the supervisor must have authority for each case.  If the LMSW has the capacity to fire his or her privately-hired supervisor, then the supervisor does not have the necessary authority.  Related to the private employment of supervisors, SED has recently clarified that LMSWs may not be in private practice doing psychotherapy and diagnosis, that such practice will not count toward the experience requirement for the LCSW and that this constitutes illegal practice. 

At the same time that SED clarified the law in regard to the private employment of supervisors and LMSWs not being able to be in private practice to qualify for the LCSW, SED has acknowledged that its own information about this was not clear prior to last spring.  It is therefore considering allowing LMSWs who in the past had entered into private practice be permitted to continue in such practice and complete their years of experience in order to obtain the LCSW.  This allowance includes being able to employ one’s own supervisor. 

It is not known at this time when SED will formally announce this clarification.  NASW-NYC anticipates that SED will choose a cut-off date in regard to the exception of allowing an LMSW to be in private practice and to employ a supervisor.  If an exception is granted by SED, anyone having entered private practice before the cut-off date may be allowed to be in private practice, but entering private practice after that date would not be allowable.  February 2nd, is the cut off date.  Formal notice of this now appears of the Office of the Professions website.  Click here to view this.

In regard to LMSWs employed in facility settings (e.g., agencies, social work departments) who have hired their own supervisors, SED may deem this to be no longer allowable.  (This would hold true whether the LMSW was trying to qualify for the LCSW or not.)  As discussed above, supervisors are expected to have authority over the cases of the social workers they supervise.  It may be acceptable for agencies to hire private supervisors for their staff.  However, the agency, supervisor and staff member need to assure that agency policies and procedures are adhered to as well as that measures are taken to assure patient/client informed consent as well as the protection of confidentiality.