LMSW scope of practice alert (New York State)
Over the last year, the New York State office of the National Association of Social Workers (NASW-NYS) received numerous complaints about
Licensed Master Social Workers (LMSWs) practicing outside their scope of practice. While NASW-NYS is not the regulating body of licensure for
the state, strengthening the profession requires that social workers understand and work within their legal scope of practice.
LMSWs are not clinical social workers. Clinical social work services (diagnosis, psychotherapy, and assessment-based planning and
treatment) are not within the LMSW scope of practice unless provided under appropriate supervision.
According to
Regulations of the Commissioner, Part 74 (see §74.6)
and
Education Law, Article 154
,
LMSWs may only provide clinical social work under supervision by a Licensed Clinical Social Worker (LCSW or LCSW-R), licensed psychologist, or
board certified psychiatrist. The clinical supervisor is
legally and professionally responsible for clients seen by an LMSW.
According to the New York State
Office of Professions,
clients receiving clinical social work services from an LMSW should receive informed consent that the LMSW is authorized to practice clinical social
work only under supervision. NYSED guidance indicates the client should understand the supervisor is responsible for the diagnosis and practice of
the LMSW, and the client should be provided with the supervisor’s contact information.
LMSWs are not allowed to establish a private practice or professional entity for the purpose of providing clinical social work services.
LMSWs may provide clinical social work services only under appropriate supervision in a facility setting or other supervised setting approved by NYSED.
Certain private practice entities must be approved by the Department.
Which private practice entities must be approved?
- A professional corporation, professional limited liability partnership, or professional limited liability corporation authorized to provide services that include psychotherapy
- A professional service corporation, registered limited liability partnership, or professional service limited liability company authorized to provide services within the scope of licensed clinical social work
- A sole proprietorship owned by a licensee who provides services within the scope of their profession and within the scope of licensed clinical social work
- A professional partnership owned by licensees who provide services within the scope of licensed clinical social work
LMSWs working in an approved private practice setting must be employed by the owner (receive a W-2) and receive appropriate supervision.
Social workers practicing outside of their scope of practice are subject to professional discipline. The New York State Board of Regents supervises
disciplinary proceedings
for all licensed professionals, which are conducted by NYSED’s Office of Professions. Licensed professionals practicing outside of their scope may
be subject to censure and reprimand, fines, suspensions, and/or probationary terms.
Note: This page summarizes laws and regulations. NYSED is the final authority on licensure and scope of practice.