258 CMR, § 9.02

Current through Register 1536, December 6, 2024
Section 9.02 - Exceptions to General Licensure Requirement
(1)Exception for State, County and Municipal Employees. Nothing in 258 CMR 9.01 shall be construed to prevent an individual who does not possess a license issued by the Board from engaging in the practice of social work, performing or offering to perform social work services, or representing himself or herself to the public as a social worker, as long as he or she does so exclusively in his or her capacity as an employee of the Commonwealth of Massachusetts or a unit of county or municipal government located within the Commonwealth of Massachusetts, and as long as licensure is not required by some other applicable provision of law.
(2)Exception for Social Work Students. Nothing in 258 CMR 9.01 shall be construed to prevent an individual who does not possess a license issued by the Board, but who is duly enrolled as a student in an undergraduate or graduate school of social work accredited by the Council on Social Work Education, from engaging in the practice of social work or performing or offering to perform social work services, as long as he or she complies with all of the following conditions:
(a) The student performs all such social work services under the direct personal supervision of:
1. an individual who holds a license to practice social work in the Commonwealth of Massachusetts as a Licensed Independent Clinical Social Worker or Licensed Certified Social Worker;
2. an individual who meets the requirements for licensure in the Commonwealth of Massachusetts as a Licensed Independent Clinical Social Worker or Licensed Certified Social Worker, but is exempt from the licensure requirement pursuant to 258 CMR 9.02(1); or
3. a member of the faculty of the undergraduate or graduate school of social work in which the student is enrolled;
(b) The student is designated or identified as a "social work student", "social work intern", "social work trainee", or by a similar title which clearly indicates his or her training status, at all times while performing such social work services; and
(c) The student does not hold himself or herself out to the public by any title or description which states or implies that he or she is licensed to practice social work in the Commonwealth of Massachusetts.
(3)Exception for Practice While License Application is Pending. Nothing in 258 CMR 9.01 shall be construed to prevent an individual who has filed a license application with the Board for licensure as a social worker, but whose license application has not yet been finally approved or denied by the Board, from engaging in the practice of social work or performing or offering to perform social work services, as long as he or she meets all of the following conditions:
(a) That individual is authorized to take the examination prescribed by 258 CMR 9.00 for the level of licensure for which he or she has applied, and has not previously failed that examination more than once;
(b) That individual performs all such social work services under the direct personal supervision of:
1. an individual who holds a license to practice social work in the Commonwealth of Massachusetts as a Licensed Independent Clinical Social Worker or Licensed Certified Social Worker; or
2. an individual who meets the requirements for licensure in the Commonwealth of Massachusetts as a Licensed Independent Clinical Social Worker or Licensed Certified Social Worker, but is exempt from the licensure requirement pursuant to 258 CMR 9.02(1);
(c) That individual is designated or identified as a "social work intern", "social work trainee", or by a similar title which clearly indicates his or her training status, at all times while performing such social work services; and
(d) That individual does not hold himself or herself out to the public by any title or description which states or implies that he or she is licensed to practice social work in the Commonwealth of Massachusetts.

258 CMR, § 9.02

Amended by Mass Register Issue 1355, eff. 12/29/2017.