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, our mission includes strengthening the
profession. In order to strengthen the profession, it is essential that
all 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. According to the
Regulations of the Commissioner, §74.6 and Education Law, Article 154, § 7704,
LMSWs are only allowed to practice clinical social work under the
supervision of 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 seen by LMSWs should receive informed consent that the social
worker will be supervised by an approved clinical professional. “It is
the responsibility of the supervisor/employer to ensure that patients
are informed the licensed master social worker (LMSW) is only authorized
to practice clinical social work under supervision. The client should
understand that the supervisor is responsible for the diagnosis and
practice of the LMSW. The LMSW shares with a qualified supervisor
information about the diagnosis and treatment of each client and the
supervisor is professionally responsible for the services provided by
the LMSW. The client should be provided with the supervisor’s contact
information so the client can share any concerns or questions about the
LMSW’s practice with the supervisor.”
LMSWs are not allowed to establish a private practice or professional
entity for the purpose of providing clinical social work services.
This type of practice is outside the scope of practice for LMSWs.
According to
Education Law, Article 154, § 7701,
LMSWs can only practice clinical social work under appropriate
supervision in a facility setting or other supervised setting approved
by the New York State Education Department. The following private
practice entities must be approved by the department:
- A professional corporation, professional limited liability
partnership or professional limited liability corporation that is
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 that are within the scope of practice of
licensed clinical social work;
- A sole proprietorship owned by a licensee who provides services that
are within the scope of his or her profession and services that are
within the scope of licensed clinical social work;
- A professional partnership owned by licensees who provide services
that are within the scope of practice 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 the
disciplinary proceedings
for all licensed professionals, which are conducted by the New York
State Education Department’s Office of Professions. Licensed
professionals practicing outside of their scope are subject to censure
and reprimand, fines, suspensions and/or probationary terms.
To ensure you are practicing within your scope of practice, all social workers should review the following webpages.