LMSW Scope of Practice FAQs

The New York State Rules of the Board of Regents provide general provisions for all professions to follow, as well as special provisions for the social work professions. According to NYSED Rules of the Board of Regents Section 29.1(b)(9) “[u]nprofessional conduct in the practice of any profession licensed, certified or registered pursuant to title VIII of the Education Law... shall include: ...practicing or offering to practice beyond the scope permitted by law, or accepting and performing professional responsibilities which the licensee knows or has reason to know that he or she is not competent to perform, or performing without adequate supervision professional services which the licensee is authorized to perform only under the supervision of a licensed professional, except in an emergency situation where a person's life or health is in danger.” Additionally, “[u]nprofessional conduct in the practice of licensed master social work and licensed clinical social work shall include conduct prohibited by sections 29.1 and 29.2 of this Part and, in accordance with section 7708 of the Education Law, shall also include:

• prescribing or administering drugs as a treatment, therapy, or professional service in the practice of his or her profession; or
• using invasive procedures as a treatment, therapy, or professional service in the practice of his or her profession. For purposes of this subdivision, invasive procedure means any procedure in which human tissue is cut, altered, or otherwise infiltrated by mechanical or other means. Invasive procedure includes, but is not limited to, surgery, lasers, ionizing radiation, therapeutic ultrasound, or electroconvulsive therapy.”

The New York State Education Law also defines “professional misconduct.” In particular, the Education Law, Article 130, Subarticle 3, § 6509(2), states that it is professional misconduct to practice “the profession . . . beyond its authorized scope, with gross incompetence, with gross negligence on a particular occasion or negligence or incompetence on more than one occasion.” 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 guidelines.

The New York State Education Department (NYSED) Office of Professions is the governing body for social work in New York.
This office applies New York State laws and regulations to license social workers.

Phone: 518-474-3817 (press 1 then ext. 450)

Email: swbd@nysed.gov

Website: www.op.nysed.gov/professions-index/social-work

The scope of practice for LCSWs is outlined in the Education Law Article 154 §7701(2). Practice of clinical social work:

1. The practice of clinical social work encompasses the scope of practice of licensed master social work and, in addition, includes the diagnosis of mental, emotional, behavioral, addictive and developmental disorders and disabilities and of the psychosocial aspects of illness, injury, disability and impairment undertaken within a psychosocial framework; administration and interpretation of tests and measures of psychosocial functioning; development and implementation of appropriate assessment-based treatment plans; and the provision of crisis oriented psychotherapy and brief, short-term and long-term psychotherapy and psychotherapeutic treatment to individuals, couples, families and groups, habilitation, psychoanalysis and behavior therapy; all undertaken for the purpose of preventing, assessing, treating, ameliorating and resolving psychosocial dysfunction with the goal of maintaining and enhancing the mental, emotional, behavioral, and social functioning and well-being of individuals, couples, families, small groups, organizations, communities and society.
2. Diagnosis in the context of licensed clinical social work practice is the process of distinguishing, beyond general social work assessment, between similar mental, emotional, behavioral, developmental and addictive disorders, impairments and disabilities within a psychosocial framework on the basis of their similar and unique characteristics consistent with accepted classification systems.
3. Psychotherapy in the context of licensed clinical social work practice is the use of verbal methods in interpersonal relationships with the intent of assisting a person or persons to modify attitudes and behavior which are intellectually, socially, or emotionally maladaptive.
4. Development of assessment-based treatment plans in the context of licensed clinical social work practice refers to the development of an integrated plan of prioritized interventions, that is based on the diagnosis and psychosocial assessment of the client, to address mental, emotional, behavioral, developmental and addictive disorders, impairments and disabilities, reactions to illnesses, injuries, disabilities and impairments, and social problems.

The scope of practice for LMSWs is outlined in the Education Law Article 154 §7701(1). Practice of licensed master social work:

1. The practice of licensed master social work shall mean the professional application of social work theory, principles, and the methods to prevent, assess, evaluate, formulate and implement a plan of action based on client needs and strengths, and intervene to address mental, social, emotional, behavioral, developmental, and addictive disorders, conditions and disabilities, and of the psychosocial aspects of illness and injury experienced by individuals, couples, families, groups, communities, organizations, and society.
2. Licensed master social workers engage in the administration of tests and measures of psychosocial functioning, social work advocacy, case management, counseling, consultation, research, administration and management, and teaching.
3. Licensed master social workers provide all forms of supervision other than supervision of the practice of licensed clinical social work as defined in subdivision two of this section.
4. Licensed master social workers practice licensed clinical social work in facility settings or other supervised settings approved by the department under supervision in accordance with the commissioner's regulations.

No, 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 NYSED, “The LMSW may only provide ‘clinical social work’ services (diagnosis, psychotherapy, and assessment-based treatment planning) under supervision.”

NYSED also provides the following guidance for LMSWs providing clinical services, “If you are a Licensed Master Social Worker providing clinical social work services under supervision, whether or not you intend to seek licensure as a Licensed Clinical Social Worker, you should ensure that your supervisor is qualified and the frequency and duration of the supervision meets the requirements in law.” Source: NYSED Social Work FAQ.

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, licensed psychologist, or board certified psychiatrist. In addition, according to Education Law Article 154 §7701(1), LMSWs can only practice clinical social work under appropriate supervision in a facility setting or other supervised setting approved by the NYSED. As written in the Regulations of the Commissioner, §74.6, “certain qualified individuals, as defined in paragraph (2) of subdivision (a) of this section, that seek to use the services to satisfy the experience requirements for licensure as a licensed clinical social worker may provide clinical social work services in a setting acceptable to the department, as described in paragraph (1) of subdivision (a) of this section, under appropriate supervision, as prescribed in subdivision (c) of this section.
For purposes of this section:

1. 1. An acceptable setting shall mean:
• i. 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;
• ii. 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;
• iii. a professional partnership owned by licensees who provide services that are within the scope of practice of licensed clinical social work.
• iv. a program or service operated, regulated, funded, or approved by the department of mental hygiene, the office of children and family services, the department of corrections and community supervision, the office of temporary and disability assistance, the state office for the aging and the department of health or a local governmental unit as that term is defined in section 41.03 of the Mental Hygiene Law or a social services district as defined in section 61 of the Social Services Law;
• v. an entity holding a waiver issued by the Department pursuant to section 6503-a or 6503-b of the Education Law to provide services that are within the scope of practice of licensed clinical social work;
• vi. a program or facility authorized under federal law to provide services that are within the scope of practice of licensed clinical social work; or
• vii. an entity defined as exempt from the licensing requirements or otherwise authorized under New York law or the laws of the jurisdiction in which the entity is located to provide services that are within the scope of practice of licensed clinical social work.”

According to the Regulations of the Commissioner, §74.6 supervision must be provided by:

1. a licensed clinical social worker or the equivalent as determined by the department; or
2. a psychologist who, at the time of supervision of the applicant, was licensed as a psychologist in the state where supervision occurred and was qualified in psychotherapy as determined by the department based upon a review of the psychologist's education and training, including but not limited to education and training in psychotherapy obtained through completion of a program in psychology registered pursuant to Part 52 of this Title or a program in psychology accredited by the American Psychological Association;
3. or a physician who, at the time of supervision of the applicant, was a diplomate in psychiatry of the American Board of Psychiatry and Neurology, Inc. or had the equivalent training and experience as determined by the department.

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. NYSED provides guidelines on how to navigate this process with clients, “[i]t is the responsibility of the supervisor/employer to ensure that patients are informed that 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 so the client can share any concerns or questions about the LMSW’s practice with the supervisor.”

The Regulations of the Commissioner, §74.6 describes the process of supervision between an LMSW and their approved supervisor. “Supervision of the clinical social work services provided by the qualified individual shall consist of contact between the qualified individual and supervisor during which:

1. the qualified individual apprises the supervisor of the diagnosis and treatment of each client;
2. the qualified individual's cases are discussed;
3. the supervisor provides the qualified individual with oversight and guidance in diagnosing and treating clients;
4. the supervisor regularly reviews and evaluates the professional work of the qualified individual; and
5. the supervisor provides at least one hundred hours of in-person individual or group clinical supervision, distributed appropriately over the period of the supervised experience. The Department, in its discretion, may accept alternative means to meet the in-person supervision requirements of this subparagraph that cannot be successfully completed due to the State of Emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis.”

In addition to the Education Law and Regulations of the Commissioner, NYSED provides guidelines for the supervisory relationship. “Your supervisory relationships are a form of social work practice and should be governed by the same guidelines that apply to client relationships with regard to ethical considerations, defining needs, confidentiality, expectations and responsibilities (see Guideline 2) and establishing appropriate boundaries (see Guideline 4).” Source: NYSED Social Work FAQ.

NYSED interprets the Education Law and the Commissioner’s Regulations to determine the requirements for clinical licensure. “The Education Law requires an applicant for licensure as an LCSW to complete three years of full-time (or the part-time equivalent in no more than six years) supervised, post-degree experience in diagnosis, psychotherapy, and assessment-based treatment plans, acceptable to the Department. Acceptable full-time experience in diagnosis, psychotherapy and assessment-based treatment planning is defined as at least 2,000 client contact hours over a continuous period of not less than 36 months and not more than 72 months. An applicant must complete the 2,000 client contact hours under a qualified supervisor in a setting acceptable to the Department. The practice of psychotherapy is defined in law as verbal methods in interpersonal relationships to assist a person or persons to modify attitudes and behavior which are intellectually, socially, or emotionally maladaptive.”

Definition of Terms: Education Law Article 154 §7701

Licensed Clinical Social Worker: The practice of licensed clinical social work encompasses the scope of practice of licensed master social work and, in addition, includes the diagnosis of mental, emotional, behavioral, addictive and developmental disorders and disabilities and of the psychosocial aspects of illness, injury, disability and impairment undertaken within a psychosocial framework; administration and interpretation of tests and measures of psychosocial functioning; development and implementation of appropriate assessment-based treatment plans; and the provision of crisis oriented psychotherapy and brief, short-term and long-term psychotherapy and psychotherapeutic treatment to individuals, couples, families and groups, habilitation, psychoanalysis and behavior therapy; all undertaken for the purpose of preventing, assessing, treating, ameliorating and resolving psychosocial dysfunction with the goal of maintaining and enhancing the mental, emotional, behavioral and social functioning and well-being of individuals, couples, families, small groups, organizations, communities and society.

Diagnosis: Diagnosis in the context of licensed clinical social work practice is the process of distinguishing, beyond general social work assessment, between similar mental, emotional, behavioral, developmental and addictive disorders, impairments and disabilities within a psychosocial framework on the basis of their similar and unique characteristics consistent with accepted classification systems.

Psychotherapy: Psychotherapy in the context of licensed clinical social work practice is the use of verbal methods in interpersonal relationships with the intent of assisting a person or persons to modify attitudes and behavior which are intellectually, socially, or emotionally maladaptive.

Assessment-based treatment plans: Development of assessment-based treatment plans in the context of licensed clinical social work practice refers to the development of an integrated plan of prioritized interventions, that is based on the diagnosis and psychosocial assessment of the client, to address mental, emotional, behavioral, developmental and addictive disorders, impairments and disabilities, reactions to illnesses, injuries, disabilities and impairments, and social problems.

For more clarification, please read the Education Law, Article 154, § 7704 as well as the Regulations of the Commissioner, §74.3.

No. NYSED provides an explanation on why LMSWs are not allowed to hire their own supervisor as well as the importance of the supervisor being employed at the same organization as the supervisee. “Arrangements where an individual hires or contracts with a licensee to provide supervision are problematic and, as a general rule, unacceptable. Supervision of your practice requires the supervisor to independently direct your practice; this is not possible when the supervisor is employed by you or acts as a paid contractor to supervise the person who can only practice under supervision. Additionally, you should not accept employment in any setting where you are not supervised by a qualified supervisor. The agency or employer is responsible for the services provided to each client, and clinical social work services may only be provided by an individual licensed and authorized to practice clinical social work. If the agency does not have a qualified supervisor on staff, it is their responsibility to hire a qualified supervisor who is responsible for the clinical practice of an LMSW or other person who is only authorized to practice under supervision. In such cases, we would suggest that there be a three-way agreement between you, the proposed supervisor, and your employer. The minimum information in such a letter of agreement would include:

• Acknowledgement that the supervisor will be employed to provide services and to supervise the applicant to develop skills and abilities in the practice of the profession;
• Acknowledgement that the supervisor will be provided with access to client records and, if appropriate, to clients to conduct joint intake or treatment sessions;
• Acknowledgement that the client will be informed that the applicant is authorized to practice only under supervision and that client-specific information is shared with a third- party supervisor;
• Acknowledgement that the client will be informed of the supervisor's name and contact information or an agency contact to whom questions about the applicant's practice may be addressed;
• Assurance that supervision will be of the duration and frequency specified in regulations and continue until the applicant is licensed or ceases practice; and
• Arrangements for the employer or agency to employ the supervisor including billing for services that does not constitute fee-splitting or other arrangement prohibited by Education Law and Regents Rules.

If you make arrangements for third-party supervision on your own or consult with a third-party by sharing information about the agency's patients, including but not limited to patient records, diagnosis and treatment of the patient, you could be charged with unprofessional conduct under Part 29 of the Regents Rules.” Source: NYSED Social Work FAQ

Your place of employment will provide you with a supervisor. “The agency or employer is responsible for the services provided to each client, and clinical social work services may only be provided by an individual licensed and authorized to practice clinical social work. If the agency does not have a qualified supervisor on staff, it is their responsibility to hire a qualified supervisor who is responsible for the clinical practice of an LMSW or other person who is only authorized to practice under supervision.” Source: NYSED Social Work FAQ

NYSED explains this concept on their website. “The Education Law and Commissioner's Regulations require appropriate supervision, which in some instances may require direct or on-site supervision, in the opinion of the supervisor. Whether or not the supervisor is on-site, the supervisor shares with the LMSW responsibility for the professional services provided to each client. Therefore, the supervisor may need to be on-site to conduct joint client intakes and directly observe the LMSW practicing clinical social work. Additional guidance about supervision is in Practice Guideline #5 on the New York State Education Department, Office of Professions website.” Source: NYSED Social Work FAQ

Licensed New York social workers do need to complete CEs. NYSED describes this requirement,“[e]very LMSW and LCSW practicing with a New York license must complete the required acceptable formal continuing education in order to register. As a practicing LMSW or LCSW, you are required to complete 36 hours of acceptable formal continuing education during each three-year registration period… If you are returning to practice as an LMSW or LCSW in New York, you may have to complete prorated hours of continuing education. This calculation will depend on whether or not you were practicing the social work profession in New York or another state before you apply to re-register in New York.” Source: NYSED Continuing Education

You are not required to complete continuing education during your initial three-year registration period. After that period, “each Licensed Master Social Worker (LMSW) and Licensed Clinical Social Worker (LCSW) must complete 36 hours of approved continuing education courses for each triennial registration period. No more than 12 hours of continuing education activities in any 36 month period, or one-third of the total hours in periods of other length, may consist of self- study educational activities from New York State Education Department approved providers.”

Twelve hours of the CE credits may be self-study (NASW-NYS Self Study Programs) and the rest must be live sessions, in person or live webinars. In addition, “[a] licensed psychologist, social worker or mental health practitioner required to complete continuing education must complete 3 hours of acceptable course work in appropriate professional boundaries, in each 3-year registration period starting April 1, 2023.” * NASW-NYS CE courses will specify which trainings meet this requirement. Source: NYSED Advisory Notice: Continuing Education, Source: NYSED Continuing Education FAQ

The New York State Education Department (NYSED) Office of Professions is the governing body for social work in New York. This office applies New York State laws and regulations to license social workers. Every state has its own unique licensing laws and regulations. There is currently not an interstate practice compact in place for social workers. New York licensed social workers, need to contact the social work board of any state they want to practice in. This includes if the social worker or client is physically located in another state that the social worker is not licensed to practice. Some example situations can include a college student who attends school in another state, a client on vacation, or a practitioner who is traveling.

The following is the law for social workers not licensed in New York who want to practice in the state, “[i]n order to provide professional services in New York, you must be licensed and registered to practice in New York, unless exempt under the Education Law. Licensure in another jurisdiction does not authorize you to practice in New York whether services are provided in-person, by telephone, over the Internet, or any other format.” NYSED Social Work FAQ