Licensure Update
As many of you are aware, the Chapter’s Policy Staff has been meeting with key leaders in the State Education Department, other stakeholders, and the governor’s office regarding a number of licensure implementation issues and as such have prepared the following update…
Issue # 1: In June of 2008 The State Education Department issued “clarifications” on their website which led to a great deal of confusion, frustration and denials of applicants seeking the LCSW. Such “clarifications” focused specifically on the practice of licensed clinical social work by licensed master social workers in independently owned and operated settings. While statutorily, LMSWs were never permitted to provide clinical social work services (assessment based treatment planning, diagnosis and psychotherapy) in independently owned and operated settings, guidance documents authored by the State Education Department suggested that LMSWs could in fact provide such services if they purchased outside supervision. Such misinformation has resulted in untold numbers of social workers facing denial of their LCSW under the grounds that their clinical experience was obtained in an invalid setting and that such experience was not properly supervised.
Update Throughout our work with SED, Chapter Policy Staff has consistently requested amnesty for applicants who practiced in good faith and met all other requirements for the LCSW license, but were denied LCSW licensure due to confusion over setting (i.e., an independently owned and operated setting with the purchase of outside supervision). We have also requested that potential applicants currently in the process of gaining their experience in an independently owned and operated setting be given an appropriate time to complete such experience or appropriate time to cure such a situation. Last, we have requested that SED issue clear directives clarifying acceptable practices by licensees in independently owned and operated private clinical practices. As of the printing of this update, it is our understanding that SED is considering and discussing such requests and will alert us soon.
Issue #2: Exemptions provided in the originally enacted statute for OMH, OASAS, OMRDD and OCFS employees are due to expire in less than a year (1/1/2010). Such agencies have requested that the exemption become permanent on the basis that coming into compliance will be a costly and encumbered process. The 2010 sunset provision in the social work licensing statute was and is intended as a consumer protection mechanism, requiring that all social workers adhere to standardized criteria by a reasonable date from enactment of the statute. The failure of professionals and select agencies to comply with social work licensing standards will jeopardize consumer safety and compromise the probity of the social work profession; however, we understand that imposing the exemption on a workforce that is not prepared could have dire consequences for both the social work profession and the clients they serve. As such, we have met with each of the agencies and executive chamber staff in an effort to reach a compromise.
Update: While we are indeed opposed to the lifetime exemption request made by the agencies, NASW-NYS Policy Staff have proposed an extension that includes specific provisions and benchmarks to ensure future compliance. In the 2009-10 Executive Budget proposal, language includes a straight-out extension of the exemption for an additional four years. NASW-NYS immediately drafted and submitted a Memo of Concern whereby we outline the need for provisions and benchmarks necessary to move toward compliance. Negotiations with the legislature and the executive will be ongoing and part of the budget process…stay tuned, as we may be mobilizing the profession on this issue.
Issue #3: Applicants who have met the experiential and educational requirements are routinely being denied licensure at the clinical level (LCSW) on the sole grounds that their experience was not acquired in a setting expressly authorized (through licensure by a State agency) to provide licensed clinical social work services such as non-for-profit agencies. Prior to social work licensure this was not an issue and hundreds of community based service providers routinely hired social workers to provide clinical services. Upon enactment of social work licensure (and thus the beginning of “scope protection”), such agencies were never informed of the rule change and have therefore continued to provide scope-protected services without express legal authority. The continuing legal prohibition of the provision of scope-protected services in such settings has and will create huge workforce and service delivery disruptions.
Update In an effort to stem such a disruption, NASW-NYS Policy Staff have recommended legislation granting statutory authority to SED to create and maintain a registry for currently unauthorized settings providing licensed clinical social work services. In addition, we have also requested a retrospective review of previously denied applications due to unlicensed settings (at no additional cost to the applicant). SED is agreeable to such a request, however, legislation needs to be drafted and enacted, preferably during this legislative session. Policy Staff are currently working with other interested parties on this legislative initiative.
Issue #4: Mass confusion regarding appropriate settings and supervision for clinical experience required for the LCSW. Currently, applicants are only entitled to review of the acceptability of such qualifiers after three - six years (and often thousands of dollars in supervision) of experience.
Update NASW-NYS Policy staff has requested that SED create and maintain an optional prospective review process, whereby, SED reviews all relevant aspects of supervised clinical social work. For example, supervisor credentials, tasks, and intensity of experience. We have suggested that fees prescribed for such a review process would apply proportionately toward the LCSW application fee. SED is considering our proposal.
Conclusion:
We will continue to work on these issues for throughout the 2009 legislative session and keep you regularly updated. Should you however, have additional questions, do not hesitate to contact your Policy Staff at the chapter office by dialing 1-800-724-6279. Karin Moran, Director of Policy may be reached at extension 16.
In addition to this update, please also note that SED has recently issued an advisory regarding staffing levels and regulatory changes related to the clinical examination. You may view such advisory at http://www.op.nysed.gov/lcsw.htm