THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:

The Honorable the Members of the Board of Regents

FROM:

Johanna Duncan-Poitier

COMMITTEE:

Higher Education and Professional Practice

TITLE OF ITEM:

Amendment to the Regulations of the Commissioner of Education Relating to Requirements for Licensure as a Licensed Master Social Worker and Licensed Clinical Social Worker and for Registered College Programs Leading to Licensure in these Fields

DATE OF SUBMISSION:

June 3, 2004

PROPOSED HANDLING:

Approval

RATIONALE FOR ITEM:

To Implement Policy

STRATEGIC GOAL:

Strategic Goal 3

AUTHORIZATION(S):

 

 

SUMMARY:

 

Attached for approval is a proposed amendment to section 52.30 and Part 74 of the Regulations of the Commissioner of Education, relating to requirements for licensure as a licensed master social worker and licensed clinical social worker and for registered college programs leading to licensure in these fields. An Assessment of Issues Raised by Public Comment is also attached.  Supporting materials for the proposed amendment are available upon request from the Secretary to the Board of Regents.

 

The purpose of the proposed amendment is to set forth requirements for licensure in the profession of social work, requirements for an authorization qualifying licensed clinical social workers for insurance reimbursement, and requirements relating to the supervision of licensed master social workers who provide licensed clinical social work services and for baccalaureate social workers who provide licensed master social work services.

 

Chapter 420 of the Laws of 2002 repealed Article 154 and added a new Article 154, effective September 1, 2004, making social work a practice-protected profession.  Prior to Chapter 420, social work was a title-protected profession only.  The new statute has established two levels of social work practice, licensed master social work and licensed clinical social work, and requirements for licensure at each of the two levels of professional practice.  The proposed amendment implements the new statutory requirements.

 

The proposed amendment was discussed at the May 2004 meeting of the Board of Regents.  A Notice of Proposed Rule Making concerning the proposed amendment was published in the State Register on April 14, 2004. 

 

          I recommend that the Board of Regents take the following action:

 

          VOTED:  That sections 52.30, 74.1, 74.2, 74.3, and 74.4 of the Regulations of the Commissioner of Education be repealed and new sections 52.30, 74.1, 74.2, 74.3, and 74.4 be added; that section 74.5 of the Regulations of the Commissioner of Education be amended; and that sections 74.6, 74.7, and 74.8 of the Regulations of the Commissioner of Education be added, as submitted, effective September 1, 2004. 

 

 

 

Attachments

 

 

PROPOSED AMENDMENT TO SECTION 52.30 and Part 74 OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION PURSUANT TO SECTIONS 207, 210, 212, 6501, 6507, 7701, 7704, 7705, 7706, AND 7707 OF THE EDUCATION LAW AND SECTIONS 3221 AND 4303 OF THE INSURANCE LAW RELATING TO REQUIREMENTS FOR LICENSURE AS A LICENSED MASTER SOCIAL WORKER AND LICENSED CLINICAL SOCIAL WORKER AND FOR REGISTERED COLLEGE PROGRAMS LEADING TO LICENSURE IN THESE FIELDS

ASSESSMENT OF iSSUES RAISED BY pUBLIC cOMMENT

The proposed rule was published in the State Register on April 14, 2004.  Below is a summary of written comments received by the State Education Department concerning the proposed rule making and the State Education Department's assessment of the issues raised by the comments.

Comment: I object to the regulation prescribing semester hours and content for the clinical coursework for the program leading to licensure in licensed clinical social work.  Course content and hours of instruction have no demonstrable relationship to learning outcomes, and such prescriptions do nothing to ensure that one has the understandings and skills needed to practice.  The schools of social work should be left to design their programs based on learning outcomes.

Comment: The regulation should not require programs leading to licensure in licensed clinical social work to include the 12 semester hours of clinical content.    Possession of a Master's of Social Work degree, three years of post-M.S.W. supervised clinical experience, and successful completion of the clinical licensing examination are sufficient requirements for licensure as a licensed clinical social worker. 

Response: Education Law section 7704 provides that the applicant for a license as a licensed clinical social worker must complete a master's of social work program registered by the State Education Department, or its equivalent, including a "core curriculum which includes clinical content, in accordance with commissioner's regulations."  This regulation implements this statutory directive.   The regulation requires applicants to complete 12 semester hours or its equivalent covering three broad content areas: diagnosis and assessment in clinical and social work practice, clinical social work treatment, and clinical social work practice with general and special populations.   The Department believes that the regulation is reasonable and provides schools of social work a great deal of flexibility in establishing coursework that fulfills the general requirement. 

Comment:  We support the proposed regulation, which will require 12 semester hours or its equivalent of clinical content for Master's of Social Work programs leading to licensure in licensed clinical social work.

Comment:  Twelve semester hours of clinical course content in the registered program that leads to licensure in licensed clinical social work is inadequate. I support 18 semester hours of advanced practice courses instead.   

Response:  As stated above, the regulation establishes a requirement that the Master's of Social Work program leading to licensure in licensed clinical social work include 12 semester hours or the equivalent of clinical coursework in three broad content areas.  In determining this requirement, staff of the State Education Department worked with the State Board for Social Work and consulted with parties having an interest in the practice of social work, including graduate social work educators, and representatives of professional associations and the accrediting body for social work programs.  The Department believes that the requirement is reasonable.

COMMENT:  The State Education Department should not permit non-facility experience to be used to meet the experience requirement for licensure as a licensed clinical social worker.  This type of experience does not provide adequate safeguards as to supervision or an adequate range of experience.

RESPONSE:  Education Law section 7704(2)(c) specifically permits non-facility experience in psychotherapy to be used to meet the experience requirement for licensure as a licensed clinical social worker.  The proposed regulation implements the statutory directive, and establishes standards for the supervision of such experience.  The State Education Department has no authority to delete this alternative in regulation. 

COMMENT: The provision that requires individuals holding a baccalaureate in social work to be supervised by a licensed master social worker or a licensed clinical social worker should include the opportunity for a waiver when supervision is unavailable, such as in rural areas.

RESPONSE:  Education Law section 7706(2) provides that a holder of a baccalaureate of social work degree or its equivalent may perform the work of a licensed master social worker, provided that the individual is supervised by a licensed master social worker or a licensed clinical social worker.  The statute does not permit the Department to establish a waiver of this requirement in regulation.

COMMENT: The regulation should only require supervision of a licensed master social worker by a licensed clinical social worker when the licensed master social worker is doing clinical social work.

RESPONSE:  Following the requirements of the new statute, the regulation requires licensed master social workers to be supervised by a licensed clinical social worker when performing activities within the scope of practice of a clinical social worker.  The regulation does not require the licensed master social worker to be supervised when performing activities within the scope of practice of a licensed master social worker.

          COMMENT: I am concerned that the regulation permits individuals with a Master's of Social Work degree and five years of experience to be licensed as licensed master social workers without having to pass a licensing examination.

          COMMENT:  The option that permits individuals with a Master's of Social Work degree and five years of post-master's experience to be licensed as licensed master social workers should be changed to three years or five years of part-time post-master's experience.

          RESPONSE:  Education Law section 7707(2) specifically exempts individuals who have a Master's of Social Work degree and five years of post-graduate social work employment on the effective date of the new law, from having to pass an examination to be licensed as a licensed master social worker.   The State Education Department has no authority to require these individuals to pass a licensing examination.   In addition, section 7707(2) does not authorize the Department to lower the requirement to three years of full-time employment or offer a part-time employment option. 

          COMMENT:  Individuals who are certified social workers with three years of experience, prior to the effective date of the new law, should not have to meet any additional requirements to be licensed as a licensed clinical social worker. 

          RESPONSE:  The new statute does not permit certified social workers to be licensed as licensed clinical social workers based upon three years of practice, as suggested by the comment.  The statute has a number of provisions that ease the transition for individuals licensed as certified social workers under the old law, and the regulation includes implementing requirements for these options.          

COMMENT: I support the provision in the regulation allowing facility and non-facility experience to be combined to meet the requirement for licensure as a licensed clinical social worker and support a similar change to the requirements for the three-year credential in psychotherapy for insurance reimbursement, pursuant to sections 3221(l)(4)(A) or 4303(i) of the Insurance Law.

          RESPONSE:  The language of sections 3221(l)(4)(A) and 4303(i) of the Insurance Law, which establishes the experience requirement for the three-year credential in psychotherapy for insurance reimbursement, does not provide for the combining of the facility and non-facility experience.  Sections 3221(l)(4)(D) and 4303(n) of the Insurance Law permit the combining of facility and non-facility experience for the six-year credential, and this is reflected in the regulation.          

COMMENT: I support that the provision in the regulation that permits the facility experience requirement for licensure as a licensed clinical social worker to include clinical social work services as a salaried employee or compensated independent contractor.

          RESPONSE: No response is necessary.

          COMMENT: Passing scores for the licensing examinations should be consistent with the passing scores in other jurisdictions. 

          RESPONSE:  The State Education Department will accept passing scores on the Association of Social Work Board's intermediate/master examination for licensure as a licensed master social worker, and the clinical examination for licensure as a licensed clinical social worker.  The passing score on these examinations is currently 75.  The regulation provides that the passing score for the licensing examinations is determined by the State Board for Social Work.  It is properly within the authority of the State Board to make this determination.

         

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

          Pursuant to sections 207, 210, 212, 6501, 6507, 7701, 7704, 7705, 7706, and 7707 of the Education Law, and sections 3221 and 4303 of the Insurance Law.

1.  Section 52.30 of the Regulations of the Commissioner of Education is repealed and a new section 52.30 is added, effective September 1, 2004, as follows:

52.30 Social work.

(a) Programs leading to licensure in licensed master social work.  In addition to meeting all applicable provisions of this Part, to be registered as a program recognized as leading to licensure in licensed master social work, which meets the requirements of subdivision (b) of section 74.1 of this Title, the program shall:

(1) be a program in social work leading to a master's degree or its equivalent, which includes at least 60 semester hours, or the equivalent, of graduate study, provided that no more than half of the total semester hours for the program may be advanced standing credit granted for social work study at the baccalaureate level;

(2) contain curricular content, including but not limited to, each of the following content areas:

(i) social work values and ethics;

(ii) diversity, social justice, and at-risk populations;

(iii) human behavior in the social environment;

(iv) social welfare policy and service delivery systems;

(v) foundation and advanced social work practice; and

(vi) social work practice evaluation and research;

(3) include a field practicum of at least 900 clock hours in social work integrated with the curricular content prescribed in paragraph (2) of this subdivision.

(b) Programs leading to licensure in licensed clinical social work.  In addition to meeting all applicable provisions of this Part, to be registered as a program recognized as leading to licensure in licensed clinical social work, which meets the requirements of subdivision (c) of section 74.1 of this Title, the program shall:

(1) be a program in social work leading to a master's degree or its equivalent, which includes at least 60 semester hours, or the equivalent, of graduate study, provided that no more than half of the total semester hours for the program may be advanced standing credit granted for social work study at the baccalaureate level;

(2) contain curricular content, including but not limited to, each of the following content areas:

(i) social work values and ethics;

(ii) diversity, social justice, and at-risk populations;

(iii) human behavior in the social environment;

(iv) social welfare policy and service delivery systems;

(v) foundation and advanced social work practice; and

(vi) social work practice evaluation and research;

(3) include a field practicum of at least 900 clock hours in social work integrated with the curricular content prescribed in paragraph (2) of this subdivision; and

(4) include at least 12 semester hours or the equivalent of coursework that prepares the individual to practice as a licensed clinical social worker, by providing clinical content which emphasizes the person-in-environment perspective and knowledge and skills in the following:

(i) diagnosis and assessment in clinical social work practice;

(ii) clinical social work treatment; and

(iii) clinical social work practice with general and special populations.

2.  Section 74.1 of the Regulations of the Commissioner of Education is repealed and a new section 74.1 is added, effective September 1, 2004, as follows:

74.1 Professional study of social work.

(a) As used in this section, acceptable accrediting agency shall mean an organization accepted by the department as a reliable authority for the purpose of accreditation at the postsecondary level, applying its criteria for granting accreditation of social work programs in a fair, consistent, and nondiscriminatory manner, such as the Council on Social Work Education, its successors, or an equivalent agency.

(b) Education requirement for licensure as a licensed master social worker.  To meet the professional education requirement for licensure as a licensed master social worker, the applicant shall present satisfactory evidence of having received a master's degree, or its equivalent, in social work through completion of:

(1) a program in social work that is registered as leading to licensure in licensed master social work by the department pursuant to section 52.30 of this Title or a program in social work that is accredited by an acceptable accrediting agency or an equivalent social work program; or

(2) a program in social work located outside the United States and its territories that is recognized by the appropriate civil authorities of the jurisdiction in which the program is located as a program that prepares an applicant for the professional practice of social work, has been verified in accordance with subdivision (c) of section 59.2 of this Title, and which is determined by the department to have substantial equivalence to a program in social work registered as licensure qualifying for licensure as a licensed master social worker by the department pursuant to section 52.30 of this Title or to a program accredited by an acceptable accrediting agency.

(c) Education requirement for licensure as a licensed clinical social worker. 

(1) To meet the professional education requirement for licensure as a licensed clinical social worker, the candidate shall present satisfactory evidence of having received a masterís degree, or its equivalent in social work through completion of:

(i) a program in social work that is registered as leading to licensure in licensed clinical social work by the department pursuant to section 52.30 of this Title or an equivalent social work program, provided the candidate satisfactorily demonstrates completion of coursework prescribed in paragraph (2) of this subdivision; or

(ii) a program in social work that is accredited by an acceptable accrediting agency, provided the candidate satisfactorily demonstrates completion of coursework prescribed in paragraph (2) of this subdivision; or

(iii) a program in social work located outside the United States and its territories that is recognized by the appropriate civil authorities of the jurisdiction in which the program is located as a program that prepares an applicant for the professional practice of social work, has been verified in accordance with subdivision (c) of section 59.2 of this Title, and which is determined by the department to have substantial equivalence to a program in social work registered as leading to licensure in licensed clinical social work by the department pursuant to section 52.30 of this Title or to  a program in social work accredited by an acceptable accrediting agency,  provided the candidate satisfactorily demonstrates completion of coursework prescribed in paragraph (2) of this subdivision.

(2) Clinical content.

(i) A applicant must demonstrate satisfactory completion of at least 12 semester hours or the equivalent of coursework that prepares the individual to practice as a licensed clinical social worker, by providing clinical content which emphasizes the person-in-environment perspective and knowledge and skills in the following:

(a) diagnosis and assessment in clinical social work practice;

(b) clinical social work treatment; and

(c) clinical social work practice with general and special populations.

(ii) The clinical content prescribed in subparagraph (i) of this paragraph must be coursework offered in a program prescribed in paragraph (1) of this subdivision.  Such coursework may be taken as part of the master's degree program in social work that the candidate has completed or after completion of such program to remedy deficiencies in clinical content.

3.  Section 74.2 of the Regulations of the Commissioner of Education is repealed and a new section 74.2 is added, effective September 1, 2004, as follows:

74.2 Professional licensing examinations.

(a) Examination for licensure as a licensed master social worker. 

(1) Each candidate for licensure as a licensed master social worker shall pass an examination:

(i) that is offered by the Association of Social Work Boards, its successors, or another organization determined by the department to have satisfactory administrative and psychometric procedures in place to offer the licensing examination; and

(ii) that the department determines adequately tests social work proficiency at the master's degree level and adequately measures the candidate's knowledge concerning practice as a licensed master social worker as defined in subdivision (1) of section 7701 of the Education Law.

(2) Requirements for admission to examination for licensure as a licensed master social worker.   To be admitted to the licensing examination, the candidate shall be required to:

(i) file an application for licensure with the department;

(ii) pay the fees for the licensure application and first registration period; and

(iii) present satisfactory evidence of having met the education requirement for licensure as a licensed master social worker, as prescribed in subdivision (b) of section 74.1 of this Part, including receipt of the social work degree.

(b) Examination for licensure as a licensed clinical social worker. 

(1) Each candidate for licensure as a licensed clinical social worker shall pass an examination:

(i) that is offered by the Association of Social Work Boards, its successors, or another organization determined by the department to have satisfactory administrative and psychometric procedures in place to offer the licensing examination; and

(ii) that the department determines adequately tests social work proficiency at the clinical level and adequately measures the candidate's knowledge concerning practice as a licensed clinical social worker as defined in subdivision (2) of section 7701 of the Education Law.

(2) Requirements for admission to examination for licensure as a licensed clinical social worker. 

(i) To be admitted to the licensing examination, the candidate shall be required to:

(1) file an application for licensure with the department;

(2) pay the fees for the licensure application and first registration period; and

(3) present satisfactory evidence of having met the education requirement for licensure as a clinical social worker, as prescribed in subdivision (c) of section 74.1 of this Part, including receipt of the social work degree.  

(c) Passing score. The passing score for the examination for licensure as a licensed master social worker and the examination for licensure as a licensed clinical social worker shall be determined by the State Board for Social Work.

4.  Section 74.3 of the Regulations of the Commissioner of Education is repealed and a new section 74.3 is added, effective September 1, 2004, as follows:

74.3 Experience requirement for licensure as a licensed clinical social worker.

(a) An applicant for licensure as a licensed clinical social worker shall meet the experience requirement for licensure by submitting documentation of a full-time supervised experience of three-years in clinical social work, or the part-time equivalent, or a combination of full-time and part-time supervised experience in clinical social work, completed over a period not to exceed six years in which the applicant provides clinical social work services within the scope of practice of licensed clinical social work as defined in section 7701(2) of the Education Law.  For purposes of this subdivision, the full-time experience shall consist of not less than 48 weeks per year, excluding vacation, with not less than an average of 20 client contact hours per week. The part-time equivalent shall consist of the same total number of client contact hours provided over more than three years. 

(1) The experience must be obtained after the applicant completes the master's degree program in social work required for licensure in licensed clinical social work, as prescribed in section 74.1(c) of this Part.   

(2) The experience shall be a facility experience in clinical social work, as prescribed in subparagraph (i) of this paragraph, or a nonfacility experience in psychotherapy, as prescribed in subparagraph (ii) of this paragraph, or a combination of the two.

(i) The facility experience shall mean the provision of clinical social work services as a salaried employee or compensated independent contractor working for a facility, defined as 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, under the supervision prescribed in paragraph (3) of this subdivision.

(ii) Nonfacility experience in psychotherapy shall mean the provision of psychotherapy, as defined in section 7701(4) of the Education Law, in a setting not prescribed in subparagraph (i) of this paragraph, under the supervision prescribed in paragraph (3) of this subdivision.   

(3) Supervision of the experience.  The experience shall be supervised in accordance with the requirements of this paragraph.

(i) Supervision of the experience shall consist of contact between the applicant and supervisor during which:

(a) the applicant apprises the supervisor of the diagnosis and treatment of each client;

(b) the applicantís cases are discussed;

(c) the supervisor provides the applicant with oversight and guidance in diagnosing and treating clients;

(d) the supervisor regularly reviews and evaluates the professional work of the applicant; and

(e) the supervisor provides at least one hour per week or two hours every other week of in-person individual or group clinical supervision, provided that no more than 50 percent of the required hours of in-person supervision may be group clinical supervision.

(ii) The supervision shall be provided by:

(a) a licensed clinical social worker who, at the time of supervision of the applicant, met the qualifications for insurance reimbursement pursuant to section 74.5 of this Part, and is a graduate of a council on social work education accredited graduate program, or its equivalent as determined by the department; or

(b) a psychologist who, at the time of supervision of the applicant, was licensed as a psychologist in the state where supervision occurred, was qualified in psychotherapy as determined by the department, and is a graduate of a program in psychology approved by the American Psychological Association or an equivalent program as determined by the department; or

(c) 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.

5.  Section 74.4 of the Regulations of the Commissioner of Education is repealed and a new section 74.4 is added, effective September 1, 2004, as follows:

74.4 Limited permits.

(a) Limited permits to practice licensed master social work.  As authorized by section 7705 of the Education Law, on recommendation of the State Board for Social Work, the department may issue a limited permit to practice licensed master social work in accordance with the requirements of this subdivision.  

(1) An applicant for a limited permit to practice licensed master social work shall:

(i) file an application for a limited permit with the department and pay the application fee;

(ii) meet the requirements for age and good moral character for licensure as a licensed master social worker, as prescribed in section 7704(1) of the Education Law; and

(iii) satisfy all requirements for admission to the licensing examination for licensure as a licensed master social worker, as prescribed in subdivision (a) of section 74.2 of this Part.

(2) The limited permit in licensed master social work shall be issued for a specific employment setting.

(3) The limited permit in licensed master social work shall be valid for a period of not more than 12 months, provided that the limited permit may be extended once at the discretion of the department if the permit holder has not had a reasonable opportunity to take the licensing examination or to afford the permit holder an additional opportunity to complete the examination successfully, and provided further that the time authorized by such permit and subsequent extension shall not exceed 24 months total.

(b) Limited permits to practice licensed clinical social work.  As authorized by section 7705 of the Education Law, on recommendation of the State Board for Social Work, the department may issue a limited permit to practice licensed clinical social work in accordance with the requirements of this subdivision.  

(1) An applicant for a limited permit to practice licensed clinical social work shall:

(i) file an application for the limited permit with the department and pay the application fee;

(ii) meet the requirements for age and good moral character for licensure as a licensed clinical social worker, as prescribed in section 7704(2) of the Education Law; and

(iii) satisfy all requirements for admission to the licensing examination for licensure as a licensed clinical social worker, as prescribed in subdivision (b) of section 74.2 of this Part.

(2) The limited permit in licensed clinical social work shall be issued for a specific employment setting.

(3) The limited permit in licensed clinical social work shall be valid for a period of not more than 12 months, provided that the limited permit may be extended once at the discretion of the department if the permit holder has not had a reasonable opportunity to take the licensing examination or to afford the permit holder an additional opportunity to complete the examination successfully or to afford the permit holder additional time to meet the experience requirement for licensure, and provided further that the time authorized by such permit and subsequent extension shall not exceed 24 months total.   

6. Section 74.5 of the Regulations of the Commissioner of Education is amended, effective September 1, 2004, as follows:

74.5 Authorization [of licensees] qualifying licensed clinical social workers for insurance reimbursement.

(a) Upon satisfaction of the requirement set forth in subdivision (c) of this section, and filing with the department an application and a fee of $85, a [certified] licensed clinical social worker may qualify for insurance reimbursement on the basis of three years of experience pursuant to Insurance Law, section 3221(l)(4)(A) or 4303(i). Upon satisfaction of the requirements set forth in subdivision (d) of this section, and filing with the department an application and a fee of $85, a [certified] licensed clinical social worker may qualify for insurance reimbursement on the basis of six years of experience pursuant to Insurance Law, section 3221(l)(4)(D) or 4303(n).

(b) . . .

(c) Three-year credential. In order to fulfill the requirements of section 3221(l)(4)(A) or 4303(i) of the Insurance Law, the three years of experience in psychotherapy required of [certified] licensed clinical social workers shall be in accordance with the following criteria:

(1) . . .

(2)  . . .

(3) Supervision of experience.

(i) . . .

(ii) The supervision shall be provided by:

(a) a licensed clinical social worker who, at the time of supervision of the applicant, met the qualifications for insurance reimbursement status and is a graduate of a council on social work education accredited graduate program, or its equivalent as determined by the department;

(b) . . .

(c) . . .

[(4) . . .]

(4) Level of competence. Experience shall be of a level and nature acceptable to the State Board for Social Work, as demonstrated by submission by the applicant of a description of the experience, including but not limited to, information describing the nature of the psychotherapy, the clients served, and the supervision provided. 

(d) Six-year credential.  In order to fulfill the requirements of Insurance Law, section 3221(l)(4)(D) or 4303(n), the six years of experience in psychotherapy required of [certified] licensed clinical social workers shall be in accordance with the following criteria:

(1) . . .

(2) . . .

(3) Supervision of experience. All experience shall be under satisfactory supervision in accordance with the requirements of this paragraph.

(i) . . .

(ii) . . .

(iii) To be satisfactory, supervision must be provided by:

(a) A licensed clinical social worker who, at the time of supervision of the applicant, met the qualifications for insurance reimbursement status as stated in subdivision (c) of this section and is a graduate of a council on social work education accredited graduate program, or its equivalent as determined by the department.

(b) . . .

(c) . . .

7. Section 74.6 of the Regulations of the Commissioner of Education is added, effective September 1, 2004, as follows:

74.6 Supervision of licensed master social worker providing clinical social work services.  In accordance with section 7701(1)(d) of the Education Law, a licensed master social worker may provide clinical social work services in a facility setting, as defined and limited by subdivision (a) of this section, under supervision, as prescribed in subdivision (b) of this section. 

(a) For purposes of this section, 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.

(b) Supervision of the clinical social work services provided by the licensed master social worker.

(1) Supervision of the clinical social work services provided by the licensed master social worker shall consist of contact between the licensed master social worker and supervisor during which:

(i) the licensed master social worker apprises the supervisor of the diagnosis and treatment of each client;

(ii) the licensed master social worker's cases are discussed;

(iii) the supervisor provides the licensed master social worker with oversight and guidance in diagnosing and treating clients;

(iv) the supervisor regularly reviews and evaluates the professional work of the licensed master social worker; and

(v) the supervisor provides at least one hour per week or two hours every other week of in-person individual or group clinical supervision, provided that no more than 50 percent of the required hours of in-person supervision may be group clinical supervision.

(2) The supervision shall be provided by:

(i) a licensed clinical social worker who, at the time of supervision of the applicant, met the qualifications for insurance reimbursement pursuant to section 74.5 of this Part, and is a graduate of a council on social work education accredited graduate program, or its equivalent as determined by the department; or

(ii) a psychologist who, at the time of supervision of the applicant, was licensed as a psychologist in the state where supervision occurred, was qualified in psychotherapy as determined by the department, and is a graduate of a program in psychology approved by the American Psychological Association or an equivalent program as determined by the department; or

(iii) 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.

          8.  Section 74.7 of the Regulations of the Commissioner of Education is added, effective September 1, 2004, as follows:

74.7 Supervision of baccalaureate social workers providing licensed master social work services.  In accordance with section 7706(2) of the Education Law, an individual who holds a baccalaureate of social work degree or an equivalent degree based upon completion of a baccalaureate program registered by the department pursuant to Part 52 of this Title, or approved by an acceptable accrediting agency as defined in section 74.1(a) of this Part, shall be permitted to perform activities and services within the scope of practice of a licensed master social worker as defined in paragraphs (a) and (b) of subdivision (1) of section 7701 of the Education Law, under the supervision of a licensed master social worker or a licensed clinical social worker.  For purposes of this section, supervision shall mean that the licensed master social worker or licensed clinical social worker is available for consultation, assessment and evaluation, has authorized the baccalaureate social worker to provide the services, and exercises the degree of supervision appropriate to the circumstances.

9. Section 74.8 of the Regulations of the Commissioner of Education is added, effective September 1, 2004, as follows:

74.8 Special Provisions.

(a) Licensure as a licensed master social worker.

(1) In accordance with subdivision (2) of section 7707 of the Education Law, an applicant who on September 1, 2004, possesses both a masterís of social work degree and five years of post-graduate social work employment shall be licensed as a licensed master social worker, without having to pass the licensure examination as prescribed in section 74.3 of this Part, provided that the applicant meets the requirements of paragraph (2) this subdivision.

(2) The applicant shall:

(i) file an application for licensure as licensed master social worker with the department;

(ii) meet the education requirements for licensure as a licensed master social worker, as prescribed  in subdivision (b) of section 74.1 of this Part, by September 1, 2004;

(iii) document to the satisfaction of the department five years of employment performing functions of a licensed master social worker, as defined in section 7701(1) of the Education Law, which must be obtained after completing the master's degree program in social work and completed by September 1, 2004;

(iv) be at least twenty-one years of age;

(v) be of good moral character as determined by the department; and

(vi) pay a fee of one hundred fifteen dollars to the department for an initial license and a fee of one hundred fifty-five dollars for the first triennial registration period.

(b) Licensure as a licensed clinical social worker.

(1) In accordance with subdivision (4) of section 7707 of the Education Law, an applicant who is licensed as a certified social worker on September 1, 2004, but had not received an authorization for insurance reimbursement pursuant to section 74.5 of this Part, who files with the department by September 1, 2005 an application for licensure as a licensed clinical social worker and demonstrates to the satisfaction of the department that the applicant meets the requirements established in paragraph (2) of this subdivision shall be licensed as a licensed clinical social worker without meeting any other requirements. 

(2) The applicant shall:

(i) file an application for licensure as a licensed clinical social worker with the department by September 1, 2005;

(ii) be of good moral character as determined by the department;

(iii) pay a fee of one hundred fifteen dollars to the department for an initial license and a fee of one hundred fifty-five dollars for the first triennial registration period; and

(iv) upon application, meets the requirement for a supervised experience, as prescribed in section 74.5 of this Part, for a three-year or six-year credential for authorization for insurance reimbursement.