NASWNYS National Association of Social Workers

Breaking News on Social Work Licensure
Corporate Practice Bills Pass Both Houses
Sent to Governor for Signature

Several weeks ago we reported that the initiative to resolve the corporate practice issues related to providing social work services in specific settings and extending the so called “O Agency” exemptions had passed but had not yet been sent to the Governor for his signature due to pending amendments needed by the agencies and a number of our social work alliance members. Since such report, we have continued to work with key members of the legislature, the Governors staff State Education Department (SED) staff and other stakeholders to resolve the outstanding issues. By last evening (6-15-2010), after considerable legislative drama the amendment had passed each of the houses and both sets of bills were sent to the Governor for his expected signature.

This is a huge win for the field of social work and we are thankful to our many partners in this endeavor including legislators, SED staff, and other advocates. Once signed by the Governor and enacted, licensed social workers will be allowed to provide licensed services in a much broader array of settings and experience accrued in such settings will qualify applicants for licensure as an LCSW (as long as all other requirements are met). In addition, previously denied applicants will have their files reviewed by the SED for potential reversal…more details to follow as we receive them from SED.

Though regulations will need to be promulgated for enactment of the new statutes, the broad brush strokes of the legislation are as follows…

An exemption from licensure compliance is extended to entities operated, regulated, funded, or approved by the Department of Mental Hygiene, the Office of Children and Family Services, the Department of Correctional Services, the State Office for the Aging, the Department of Health, and local governmental units until July 1, 2013. In the meantime, such exempt state agencies must provide workforce data to the Commissioner of Education by October 1, 2010. Such data will be reviewed by a stakeholder workgroup which will provide advice and guidance regarding tasks and activities that can only be performed by a licensed individual. Such workgroup must complete its assessment by January 1, 2011. On or before July 1, 2011, exempt entities must submit a personnel utilization report and a plan of action detailing their expected course of action which will lead to compliance with the licensing statute by July 1, 2013.

Upon completion of the above noted reports, the Commissioner of Education will submit, to key legislative leaders, any recommendations for statutory or regulatory changes necessary to fully implement the social work licensure statute by July 1, 2013.

Statute creates an exemption for licensed master social workers, licensed clinical social workers, licensed mental health counselors, licensed marriage and family therapists, licensed creative arts therapists, licensed psychoanalysts, and licensed psychologists from corporate practice prohibitions for not-for-profit corporations and education corporations that provide professional services provided these entities obtain a waiver from the State Education Department by July 1, 2012.

When the bills are signed, NYSED will develop regulations and forms to implement the waiver provisions included in the legislation;

In addition to this statute, The Board of Regents will consider emergency regulations on June 21-22, 2010 that, if approved, would reduce the client contact hours and supervision required for licensure as an LCSW;

The combination of these proposed changes in laws and regulations will provide guidelines for the State Board office to review existing applications that were set aside because the supervised experience was completed in a previously unauthorized setting or did not meet client contact hours or supervision standards required under the former regulations.

Application forms and other information will be revised. Individuals should wait to submit new experience forms for licensure as an LCSW and use these new forms and procedures. Please note that SED has worked tirelessly to achieve passage and enactment of this statute and your patience is appreciated as they implement these new requirements. We will continue to keep you informed as more information becomes available.

Should you have questions, you may contact our Director of Policy, Karin Moran at 518-463-4741 ext 16