N.Y. Comp. Codes R. & Regs. tit. 8 § 74.6

Current through Register Vol. 46, No. 25, June 18, 2024

Section 74.6 - Supervision requirements for certain qualified individuals providing clinical social work services

Certain qualified individuals, as defined in paragraph (a)(2) 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 (a)(1) of this section, under appropriate supervision, as prescribed in subdivision (c) of this section.

(a) For purposes of this section:

(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.

(2) A qualified individual shall mean a licensed master social worker, an individual with a limited permit to practice licensed clinical social work as authorized by section 7705 of the Education Law, or an individual otherwise authorized to provide clinical social work services in a setting acceptable to the department and under appropriate supervision.

(b) A qualified individual may submit to the State Board for Social Work a plan for his or her supervised experience in New York toward licensure as a licensed clinical social worker for review and approval. The plan shall include:

(1) a copy of documentation establishing that the agency or setting is an acceptable setting as defined in subdivision (a) of this section;

(2) a copy of the license of the qualified supervisor, as defined in subdivision (c) of this section;

(3) a plan for supervision of the qualified individual accompanied by an attestation from the supervisor(s) that he/she is responsible for any services provided by the individual;

(4) if a third-party is supervising the qualified individual, an affirmation from a designated representative of the setting that the setting is authorized to provide clinical social work services and that the setting will ensure appropriate supervision of the qualified individual when the individual is performing such services.

(c) Supervision of the clinical social work services provided by a qualified individual seeking licensure as a licensed clinical social worker.

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

(i) the qualified individual apprises the supervisor of the diagnosis and treatment of each client;

(ii) the qualified individual's cases are discussed;

(iii) the supervisor provides the qualified individual with oversight and guidance in diagnosing and treating clients;

(iv) the supervisor regularly reviews and evaluates the professional work of the qualified individual; and

(v) 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 COVID-19 crisis.

(2) The supervision shall be provided by:

(i) a licensed clinical social worker or the 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 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; 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.

(d) Supervision of a licensed master social worker providing clinical social work services in accordance with section 7701(1)(d) of the Education Law who is not using such services to satisfy the experience requirements for licensure as a licensed clinical 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 two hours per month of in-person individual or group clinical supervision. 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 COVID-19 crisis.

(2) The supervision shall be provided by an appropriate supervisor as described in paragraph (c)(2) of this section.

(e) Verification of the experience. The supervisor shall be responsible for maintaining records of the client contact hours in diagnosis, psychotherapy and assessment-based treatment planning and supervision hours provided to the qualified individual. Upon request by the department, such records shall be provided by the supervisor.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 74.6

Amended New York State Register June 24, 2020/Volume XLII, Issue 25, eff. 6/24/2020

Amended New York State Register February 24, 2021/Volume XLIII, Issue 08, eff. 2/24/2021

Amended New York State Register November 3, 2021/Volume XLIII, Issue 44, eff. 11/3/2021