End of Social Work Licensure Exemption:
What it means and what to expect
by Mark Buttiglieri, LCSW-R
NASW-NYS President
On March 30th, the legislature passed a permanent solution ending the entity exemption for Social Work, Psychology and Mental Health Practitioners (under Articles 154 & 163). This will go into effect one year from the date the State Education Department issues implementation regulations.
Why is it important to be licensed?
As you know, social workers became a licensed discipline in 2002. The Social Work license defines our profession and the scope of our practice differentiated by Licensed Master Social Work (LMSW) and Licensed Clinical Social Work (LCSW). The respective licenses are specific to the type of practice a social worker employs. There is title protection for licensed social workers and since the exemption will end, those titles will be valued. Being a licensed social worker elevates our professional status by defining and limiting which disciplines can treat and diagnose. This scope ensures that social workers are held to a standard under respective LMSW and LCSW licensure for the betterment of the clientele that we serve and in accordance with our Code of Ethics.
How will the end of the licensure exemption affect you?
- The seven currently exempt State agencies and programs they operate, fund and/or regulate will have to revisit which practitioners can perform certain tasks1
- Only practitioners authorized to independently diagnose may do so in any setting (physicians, psychiatric nurse practitioner, licensed psychologist, and LCSW)
- LMSWs may still provide all services within their scope (including clinical skills) under the appropriate supervision
- Students may continue to intern at impacted agencies
- Unlicensed employees hired after enactment may continue to provide certain tasks that don’t necessitate the requisite to provide treatment or diagnosis
As president of the NASW-NYS Chapter, I’m proud and grateful that we (along with colleagues from NYC and the Clinical Society), have resolutely advocated to protect the scope of our practice and elevate the social work profession. Ending licensure exemption provides a framework for the next phase in the Social Work Investment Campaign.
How does NASW represent its members?
Like most membership organizations, members aptly ask “what am I getting for my membership dues?” The legislative and professional victory is but one benefit of membership.
NASW-NYS invested an enormous amount of resources and manpower to advocate for the end of the exemption. We fought for our members (we fought for you!) and the profession as a whole. Absent the statute, the large universe of employers could – and did – degrade and devalue the education and expertise of a licensed social worker. This is perhaps the biggest example of protecting your careers and guaranteeing stronger salaries.
Sincerely,
Mark Buttiglieri, LCSW-R
President
More: The Capitol Pressroom Interview: NASW-NYS Executive Director Samantha Howell, Esq., on Practice Exemptions
1 The agencies are the Office of Mental Health, Office for People with Developmental Disabilities, Office of Temporary and Disability Assistance, Office of Alcoholism and Substance Abuse Services, Office for Children and Family Services, Office for the Aging, Department of Health, and Department of Corrections and Community Services
Author: Amelia Lochner Malavé
NASW-NYS