La. Admin. Code tit. 46 § XXV-501

Current through Register Vol. 50, No. 9, September 20, 2024

Section XXV-501 - The LMSW Who Pursues the LCSW Credential, or Who Provides Services Which Constitute Psychotherapy Must Be Supervised

A. A LMSW must be a salaried employee of an agency, organization, or facility that delivers social work services or a contractual employee of a governmental agency. The individual is considered an employee if:

1. s/he provides direct or indirect social work services;

2. s/he receives remuneration from an employer for these services;

3. the non-governmental employer withholds federal income taxes and FICA from the salary.

B. A LMSW will be considered as providing social work services on behalf of a federal, state, or local governmental agency on a contractual basis if:

1. there is written documentation of the contractual relationship between the LMSW and the governmental agency;

2. s/he receives remuneration from the governmental agency for providing direct or indirect social work services on behalf of the governmental agency;

3. the governmental agency provides the LMSW with either a Form 1099 or evidence of withholding of federal income taxes and FICA.

C. Volunteer work is not counted toward meeting the employment criteria.

D. LMSWs shall not:

1. contract directly with non-governmental agencies nor with clients for clinical services, consultation, supervision, or educational services except as a salaried employee;

2. bill directly for services rendered except to a governmental agency through a contract; or

3. claim to be licensed or in private practice.

La. Admin. Code tit. 46, § XXV-501

Promulgated by the Department of Health and Hospitals, Board of Certified Social Work Examiners, LR 26:307 (February 2000), amended LR 34:1402 (July 2008), LR 37:2619 (September 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:2705.C.