2015 New York Laws
EDN - Education
Title 8 - THE PROFESSIONS
Article 154 - (7700 - 7710) 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 or by
  any person licensed or otherwise authorized to practice applied behavior
  analysis within the state pursuant to article one hundred sixty-seven 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,
  licensed psychoanalyst, licensed behavior analyst or certified  behavior
  analyst  assistant  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.
7. Prevent a person without a license from performing assessments such
  as basic information collection,  gathering  of  demographic  data,  and
  informal   observations,   screening   and  referral  used  for  general
  eligibility for a program or  service  and  determining  the  functional
  status of an individual for the purpose of determining need for services
  unrelated  to  a  behavioral  health  diagnosis  or treatment plan. Such
  licensure shall not be  required  to  create,  develop  or  implement  a
  service  plan  unrelated  to  a behavioral health diagnosis or treatment
  plan. Such service plans shall include, but  are  not  limited  to,  job
  training  and employability, housing, general public assistance, in home
  services and supports or home-delivered meals, investigations  conducted
  or assessments made by adult or child protective services, adoption home
  studies  and  assessments,  family  service  plans, transition plans and
  permanency planning activities, de-escalation techniques, peer  services
  or skill development. A license under this article shall not be required
  for  persons  to participate as a member of a multi-disciplinary team to
  implement a behavioral  health  services  or  treatment  plan;  provided

  however, that such team shall include one or more professionals licensed
  under  this  article  or  articles  one  hundred thirty-one, one hundred
  fifty-three or one hundred sixty-three of this  chapter;  and  provided,
  further,  that  the activities performed by members of the team shall be
  consistent with the scope of practice for each team member  licensed  or
  authorized  under  title  VIII of this chapter, and those who are not so
  authorized may not engage in the  following  restricted  practices:  the
  diagnosis  of mental, emotional, behavioral, addictive and developmental
  disorders and  disabilities;  patient  assessment  and  evaluating;  the
  provision  of  psychotherapeutic  treatment;  the provision of treatment
  other than  psychotherapeutic  treatment;  and/or  the  development  and
  implementation of assessment-based treatment plans as defined in section
  seventy-seven  hundred  one  of  this  article.  Provided, further, that
  nothing in this subdivision shall be construed as  requiring  a  license
  for  any  particular  activity or function based solely on the fact that
  the activity or function is not listed in this subdivision.