Section 74.3(a)(2) of the Education Commissioner’s Regulations define facility setting 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.”

As such, any facilities performing social work services, as defined in the scope of practice for an LMSW or LCSW in Article 154 of the Education Law, must expressly state the provision of such services within their charter or certificate of operation. Such documents are issued by agencies such as the Department of State, Education Department, or other state oversight bodies. Social workers providing services within the scope of Article 154 in a facility that does not express such purposes in a certificate of operation, article of incorporation, or charter, may be at risk of professional misconduct. Furthermore, all experience toward LCSW within such setting may be in jeopardy of invalidation.