What is the Coalition doing to address the current situation?
The NYS Coalition of Social Workers Inc., through its government affairs representative, is working with the NYSOP to construct a window of accommodation whereby LMSWs whose experience and setting were acceptable before the recent clarifications, could have their LCSW applications reviewed using that criteria. The Coalition also plans to propose amendments to clarify certain provisions and to reconcile apparent inconsistencies, thereby assuring the provision of quality of services to our clients and advancing the profession.
What are the goals of the Coalition?
- To create a window of accommodation for those who were practicing clinical social work in good faith (e.g. at a facility they thought was approved);
- To clarify what constitutes a psychotherapy hour (30 mins, 45 mins, etc);
- To clarify the application form itself, particularly in regards to documenting clinical experience (logging weekly hours vs. statement of total cumulative hours);
- To clarify what is meant by "approved" settings to include other types of social work settings, psychotherapy institutes, etc;
- To work with NYSOP in the development of a well defined list of "pre-approved" settings to eliminate the "guess work" currently involved in seeking employment that will qualify for LCSW licensure;
- To clearly delineate criterion of "appropriate" supervision;
- To assure the ability for LMSWs to continue in private practice if part of institute training; and
- To provide current MSW students and recent graduates with realistic avenues by which they can pursue their LCSW, including private practice if via an institute.
Who is included in The New York State Coalition of Social Workers?
The Coalition welcomes all individuals who moved forward in the social work system based on the regulations in effect prior to June 2008. This includes LMSWs who have applied for the LCSW and have not been approved due to recent clarifications, those in the process of accruing hours, social work students who entered graduate programs based on the information that was available, as well as recent graduates. The Coalition’s membership is currently comprised of these individuals as well as LCSWs and other mental health professionals interested in assuring the greatest access possible to licensed social work services.
What about current MSW students? Are they included?
Because MSW students have not yet begun the experience requirements, it is unclear at this time if they will be included in any window of accommodation the NYSOP offers. However, the Coalition continues to advocate for issues of interest to students and to share with them as much information as possible. Issues impacting current students will need to be addressed through legislative changes.
What was the announcement made on 1/22/09 by NYSOP?
In September 2004, new laws aimed at scope of practice protection for certified social work created two distinct professions; these being licensed master social work and licensed clinical social work. Although changes to the scope of practice and other regulations were made effective in 2004, numerous LMSWs who believed that they were operating their private practices in good faith recently learned that their practices violated a number of laws, including the new licensure laws.
In January 2009, the State Board of Social Work and Office of the Professions announced their acknowledgement that LMSWs who were operating in private practice had done so because the social work licensing regulations had been largely unclear, specifically in relation to the ability to operate a private practice and hire a supervisor. Thus, the NYSOP announced that practitioners who operated in good faith will be protected and that their private practice experience will be accepted towards the LCSW, as long as this experienced commenced prior to February 2, 2009, and is completed before February 15, 2015.
What role did the Coalition play in developing this window?
The Coalition was, in fact, initially formed to address the many issues presented by the implementation of the new licensure laws and was one of a select number of groups whose representation worked with the Office of the Professions, the leadership in both houses of the state Legislature, the Office of Mental Health, and other colleague groups such as the Alliance of Psychotherapy Training Institutes and the New York State Society for Clinical Social Work. Through the advocacy efforts of the Coalition’s lawyer, Pamela Madeiros, the Coalition was instrumental in achieving a "window" for LMSWs in private practice settings.
What is the form SWCOP-1 and who should submit it?
The COP action applies only to those experience settings started by the applicant prior to February 2, 2009. If you did not start your experience prior to February 2, 2009, you may not use the SWCOP-1 form, and must complete your experience in an acceptable setting. You should submit a SWCOP-1 form if you were operating a private practice and employed a supervisor prior to February 2, 2009, in order for your private practice experience to count towards the LCSW.
You may obtain a copy of the SWCOP-1 form here:
http://www.op.nysed.gov/prof/sw/swcop-1.pdf
Please note that this form must be submitted by your supervisor, and that it will not be accepted if submitted by the LMSW. In the event that your experience was completed in more than one setting, each supervisor must complete and submit a separate SWCOP-1 form.
If I am in private practice, but completing fewer than 10 hours per week, do I still submit the Form SWCOP-1?
Yes. If you began a private practice, or hired a supervisor before 2/2/09, you must submit the SWCOP-1 form, regardless of number of clients per week.
What happens if I submit the form SWCOP-1 and do not finish in 6 years?
If you do not complete your experience prior to February 15th, 2015, the 6-year "window" will close. Following February 15, 2015, the applicant would no longer be able to operate a private practice or employ a private supervisor. The remainder of the LMSW experience would need to be in an approved setting. The Coalition must clarify with the State Education Department, Office of Professions, whether the experience gained prior to February 15th, 2015 could be applied towards the experience requirement.
What do I do if I am an LMSW who wants to begin a private practice?
The State Board for Social Work acknowledges that certain LMSWs are in the process of completing, or have completed, experience towards their LCSW which is not allowable under the new licensure laws and other laws governing the corporate practice of professions. Primarily, the two situations of concern are those LMSWs who were operating a private practice which they owned, or who hired outside supervision.
If an LMSW began their private practice prior to February 2, 2009, they may continue to practice privately as long as their experience is completed before February 15th, 2015. This allows a 6-year window for LMSWs who were operating private practices in good faith, as they understood the law. If you did not begin your private practice prior to February 2, 2009, you are not permitted to begin one under the current law.
You may review the new regulations pertaining to private practice here: http://www.op.nysed.gov/prof/sw/swprivatepractice.htm
Does satisfying the educational or experience requirements of one profession necessarily translate into meeting the educational or experience requirements of another professional licensure?
No. As per the NYSOP, experience, examination or education in one profession does not meet the requirements for licensure in another profession. For instance, a medical degree and license does not meet the requirements for licensure as an LCSW or psychoanalyst or dentist; all requirements for the other profession must be met. In addition, the scope of practice for the psychoanalyst is not the same as the scope for the LMSW or the LCSW, specifically in the use of "diagnosis" in the practice. The scope for psychoanalysis does not include diagnosis, for instance, which is in the scope for the LCSW. A program leading to licensure in license psychoanalysis may admit an individual with an MSW or any other master's degree who then must complete the education, experience and examination requirements in psychoanalysis to be licensed in that profession. All license requirements, laws and regulations for the professions may be viewed here: www.op.nysed.gov.
Under the current interpretations, what situations or activities are NOT allowed that were formerly thought to be permissible for the LMSW?
The following is currently NOT permissible:
- clinical private practice, if begun AFTER 2/1/09
- hiring a supervisor, if AFTER 2/1/09
- attending postgraduate training (if the clinical component of training requires you to see patients in a private practice or at an institute affiliated clinic that is not an authorized setting such as an OMH licensed facility)
- working fee for service if paid via 1099
How does the State Board define acceptable/approved settings?
According to section 74.3 of the Regulations of the Commissioner of Education, an acceptable setting may be defined as follows:
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. A non-facility setting is any setting that does not meet the criteria specified above. The definition of clinical social work refers to the provision of psychotherapy and diagnosis, under the supervision of an LCSW.
How do I find out which facilities are approved as LCSW qualifying?
Currently, there is no way to verify if a facility is LCSW qualifying. To check if your facility or potential facility is qualifying, you may obtain the facility’s operating certificate and contact the NYSOP. However, even with this information, the NYSOP may not be able to give a firm answer. The only way to verify if the experience qualifies or not, is to submit the LCSW application after completing the experience. The Coalition understands the problems this approach presents, and is working towards resolution. We have requested that NYSOP develop a list of previously accepted facilities to use as a guide.
What are the Institutes doing?
The institutes have come together to form The Alliance of Psychotherapy Training Institutes. They have hired representation and are working to have institute training accepted as an appropriate experience setting.
Why can’t I hire a supervisor?
As per the NYSOP, the employment of a supervisor by an individual who is not licensed to practice the profession is not consistent with applicable laws and the Rules of the Board of Regents for other professions. This type of arrangement places the LMSW, who is only authorized to practice under supervision, in a position of control in the relationship with the ability to "fire" the supervisor. This is inconsistent with the performance of effective supervision. The supervisor is the only person licensed and authorized to engage independently in the restricted activity (e.g., practice of diagnosis and psychotherapy) and must not be subject to the control of the individual being supervised.
If I have an LCSW application outstanding (already in hands of board) what should I do?
The best thing to do if you have an application already in the hands of the NYSOP is to wait. If the NYSOP requests additional information (such as a copy of the Operating Certificate, Form SWCOP-1, etc.) send these items if available. If unavailable (i.e. they request an operating certificate and you do not have access to one), sit tight and wait for further instruction, which we hope to provide shortly.
If I have completed the experience requirement, but believe the application will not be accepted, should I submit it or wait for resolution?
Yes. As per our Coalition representation, you should submit your LCSW application as soon as possible once you have completed the requirements, even if you are uncertain whether the NYSOP will approve certain elements.
If I have NOT yet completed my experience, should I submit the application anyway?
No. You should only submit your application once you have completed all of the requirements.
I'm interested in volunteering. How can I help?
If you are interested in volunteering, you may email us at: NYSCSW@gmail.com
What's this 2010 stuff I keep hearing about?
Employees of agencies operated, regulated or financed by the New York State Office of Mental Health, Office of Mental Retardation and Developmental Disabilities, Office of Alcoholism and Substance Abuse Services, Office of Children and Family Services or local social service districts are exempt from licensing until January 1, 2010. After this time, licensing (LMSW and LCSW) will be required.
Who is our attorney and how was she chosen?
The Coalition is delighted to be represented by Pamela Madeiros. Ms. Madeiros played a key role assisting the Marriage and Family Therapists (MFTs) with their licensing. She was chosen by the Coalition for her extensive lobbying experience, familiarity with the mental health professions, and excellent knowledge of the NYSOP.
How is the Coalition attorney being paid? Where are the funds coming from?
The fee negotiated by the Coalition Board of Directors to retain our Coalition attorney Pamela Madeiros is far less than the actual hours committed and is similar to the fees paid by like organizations. Presently, our funds come solely from the financial support of our members.
The Coalition applied for assistance from the NASW legal Defense Fund in October 2008, and received a response dated March 15, 2009 stating that they cannot provide financial support to the Coalition at this time.
So is the problem solved? What’s next for the Coalition?
For now, the Coalition’s continued existence is necessary and will help to monitor and expose further difficulties our members may experience as they complete the LCSW licensing process. The Coalition’s next steps involve addressing two issues of further concern; the interpretation of exempt settings, and corporate practice. Our representatives will continue to work with policy makers, in order to insure that LMSWs seeking to meet LCSW licensing requirements will have the ability to pursue further training in various institute settings. |