2010 New York Code
EDN - Education
Title 8 - THE PROFESSIONS
Article 154 - (7700 - 7709) SOCIAL WORK
7706 - Exempt persons.

§  7706.  Exempt  persons.  Nothing contained in this article shall be
  construed to:
    1. Apply to the practice, conduct, activities, services or use of  any
  title  by  any  person  licensed  or  otherwise  authorized  to practice
  medicine within the state pursuant to article one hundred thirty-one  of
  this  title  or  by  any  person  registered  to  perform  services as a
  physician assistant within the state pursuant  to  article  one  hundred
  thirty-one-B  of  this  title  or  by  any  person licensed or otherwise
  authorized to practice psychology within this state pursuant to  article
  one  hundred  fifty-three  of  this  title  or by any person licensed or
  otherwise authorized to practice nursing as  a  registered  professional
  nurse  or  nurse  practitioner within this state pursuant to article one
  hundred thirty-nine of this title or by any person licensed or otherwise
  authorized to practice occupational therapy within this  state  pursuant
  to article one hundred fifty-six of this title or by any person licensed
  or  otherwise  authorized to practice mental health counseling, marriage
  and family therapy, creative arts therapy, or psychoanalysis within  the
  state  pursuant  to  article  one  hundred  sixty-three  of  this title;
  provided, however, that no physician,  physician  assistant,  registered
  professional   nurse,  nurse  practitioner,  psychologist,  occupational
  therapist, licensed  mental  health  counselor,  licensed  marriage  and
  family   therapist,   licensed  creative  arts  therapist,  or  licensed
  psychoanalyst may use the titles "licensed clinical  social  worker"  or
  "licensed master social worker", unless licensed under this article.
    2.  Prevent  or  prohibit  an individual possessing a baccalaureate of
  social work degree or its equivalent from the performance of  activities
  and services within the scope of practice of licensed master social work
  as  defined  in  paragraphs  (a)  and  (b) of subdivision one of section
  seventy-seven hundred  one  of  this  article  under  supervision  by  a
  licensed  master  social worker, a licensed clinical social worker or in
  accordance with the commissioner's regulations.
    3. Prevent or prohibit  a  licensed  master  social  worker  from  the
  performance  of  activities and services within the scope of practice of
  licensed clinical social work as defined in subdivision two  of  section
  seventy-seven  hundred  one  of  this  article in a facility setting and
  under supervision in accordance with the commissioner's regulations.
    4. Prevent or prohibit the  performance  of  activities  and  services
  within  the  scope of practice of licensed master social work as defined
  in subdivision one of section seventy-seven hundred one of this  article
  by   individuals,   churches,   schools,   teachers,  organizations,  or
  not-for-profit  businesses  which  are  providing  instruction,  advice,
  support,  encouragement  or  information  to  individuals,  families and
  relational groups.
    5. Prevent or prohibit the  performance  of  activities  and  services
  within  the scope of practice of licensed master social work or licensed
  clinical social work as defined in section seventy-seven hundred one  of
  this article by the following:
    (a)  any  individual  who  is  credentialed  under  any law, including
  attorneys, rape crisis counselors, credentialed alcoholism and substance
  abuse counselors whose scope of practice includes the practices  defined
  in  section seventy-seven hundred one of this article from performing or
  claiming to perform work authorized by  applicable  provisions  of  this
  chapter and the mental hygiene law;
    (b)  provision  of  pastoral  counseling services by any member of the
  clergy  or  christian  science  practitioner,  from  providing  pastoral
  counselling services within the context of his or her ministerial charge
  or obligation;

(c)  students  who  are  enrolled in a baccalaureate of social work or
  professional graduate level social work program of study, and which  are
  required to perform as part of the field work component of that program,
  services  provided  under  the  supervision  of  a field work supervisor
  approved by the program;
    (d)  on  the  part  of  a  student  or  trainee  who is enrolled in an
  institution or program registered by the department or accredited by  an
  accrediting   organization  acceptable  to  the  department  to  provide
  training in a discipline  or  profession,  other  than  social  work  or
  clinical  social  work,  that  is licensed pursuant to this title, where
  such activities and services are authorized within the definition of the
  scope of practice of the profession, or discipline in which he or she is
  being trained as set forth in the education law  or  the  commissioner's
  regulations, provided that such services are performed under the regular
  and ongoing supervision of a licensee in the profession or discipline in
  which he or she is being trained who assumes professional responsibility
  for  the  services  performed under his or her supervision and that such
  activities and the provision of such services are a formal part  of  the
  professional training program in which he or she is enrolled;
    (e)  any  federal,  state,  county  or  municipal  employee performing
  clinical social work services upon the effective date  of  this  section
  for  the  period  during  which  they maintain such employment with such
  governmental unit within the context of such  employment  and  shall  be
  limited to the services provided upon such effective date; and
    (f)  any  employee  performing  clinical  social  work services on the
  effective date of this section for the period during which they maintain
  such employment with such entity within the context of such  employment,
  and  shall  be  limited to the services provided prior to such effective
  date.
    6. Prohibit the practice of licensed master social  work  or  licensed
  clinical  social  work,  to  the  extent permissible within the scope of
  practice of such  professions,  by  any  not-for-profit  corporation  or
  education  corporation  providing  services within the state of New York
  and operating under a waiver  pursuant  to  section  sixty-five  hundred
  three-a  of  this  title,  provided that such entities offering licensed
  master social work or licensed clinical social work services shall  only
  provide  such  services  through an individual appropriately licensed or
  otherwise authorized to provide such services or a  professional  entity
  authorized by law to provide such services.