Effective September 1, 2004, New York State Education Law defines the practice of licensed master social work and licensed clinical social work. As such, the practice of the social work professions is restricted to those licensed, holding a valid limited permit from the Department or exempt under the law. The titles “Licensed Master Social Worker” (LMSW) and “Licensed Clinical Social Worker” (LCSW) are restricted to those licensed in the profession.
As with many statutes, a number of exemptions were provided (Section 7706) such as,

1. Practice of licensed master social work or licensed clinical social work by an individual licensed and registered to practice in New York the professions of medicine, nursing, psychology, mental health counseling, marriage and family therapy, creative arts therapy, and psychoanalysis provided that the licensee is competent and practicing within his or her scope of practice and may not use the titles of “LMSW” or “LCSW”;
2. Practice of licensed master social work, except clinical social work, by a BSW under the supervision of an LMSW or LCSW as defined in section 74.7 of Commissioner’s Regulations;
3. Practice of clinical social work by an LMSW under supervision as defined in Part 74.6 of Commissioner’s Regulations;
4. Providing services within the scope of licensed master social work by individuals, churches, schools, teachers, organizations or not-for-profit businesses which are providing instruction, advice, support, encouragement, or information to individuals, families and relational groups;
5. Providing services within licensed master social work and mental hygiene law by an individual credentialed under law, such as an attorney, rape crisis counselor or credentialed alcoholism and substance abuse counselor, who is functioning within that authority;
6. Provision of pastoral counseling services by a member of the clergy or Christian science practitioner within the context of his or her ministerial charge or obligation;
7. BSW and MSW students completing the required field work in an education program under supervision of a qualified licensee;
8. Students in other professions who are completing internships as part of an approved education program and who are under regular and on-going supervision of a qualified licensee.

In addition, the law also exempts until January 1, 2010 individuals in programs that are regulated, operated, funded, or approved by the Office of Mental Health (OMH), Office of Mental Retardation and Developmental Disabilities (OMRDD), Office for Alcoholism & Substance Abuse Services (OASAS), Office of Children & Family Services (OCFS), and local mental hygiene or social service districts. An organization that is regulated by a state agency, such as OMH, OMRDD, OASAS or OCFS, can provide an operating certificate to verify the exemption.
An individual who is practicing licensed master social work or licensed clinical social work in an exempt setting does not require a license or limited permit. However, if the individual is practicing clinical social work under supervision to qualify for licensure as an LCSW, the supervision must meet the requirements in section 74.3 of the Commissioner’s Regulations.