Frequently Asked Questions - Social Work Licensure & Practice (LCSW)

The Education Law establishes the requirements for licensure as a Licensed Master Social Worker (LMSW) or Licensed Clinical Social Worker (LCSW) and for the "R" psychotherapy privilege available to certain Licensed Clinical Social Workers. For more information on the requirements for licensure or the psychotherapy privilege, please see the links on the left of this page.

The Education Law defines the practice as a Licensed Master Social Worker and as a Licensed Clinical Social Worker. A licensee may only engage in those activities that are within the scope of practice and in which the licensee is competent. The major difference between the two is that the LMSW may only provide "clinical social work" services (diagnosis, psychotherapy, and assessment-based treatment planning) under supervision; the LCSW may provide those services without supervision.

The Education Law restricts the practice of licensed master social work and licensed clinical social work and the titles LMSW and LCSW to individuals who are licensed and registered to practice in New York. Individuals who are licensed in other professions or defined as exempt (see question #20) may provide services that are defined as the practice of LMSW or LCSW but may not use the titles LMSW or LCSW to imply licensure.

The Education Law defines certain activities that are within the scope of practice of the Licensed Master Social Worker, but may also be performed by an individual who is not licensed. The unlicensed person could not imply that he or she is licensed under Title 8 of the Education Law. If the services are provided by an LMSW or LCSW, the licensee can only engage in those activities in which he or she is competent.

Services that are defined as not requiring licensure include but are not limited to:

1. Serve as a community organizer, planner, or administrator for social service programs in any setting.
2. Provide supervision and/or consultation to individuals, groups, institutions and agencies.
3. Serve as a faculty member or instructor in an educational setting.
4. Plan and/or conduct research projects and program evaluation studies.
5. Maintain familiarity with both professional and self-help systems in the community in order to assist the client in those services when necessary.
6. Provide advice and guidance and assist individuals or groups with difficult day to day problems such as finding employment, locating sources of assistance, and organizing community groups to work on a specific problem.
7. Consult with other agencies on problems and cases served in common and coordinating services among agencies or providing case management.
8. Conduct data gathering on social problems.
9. Serve as an advocate for those clients or groups of clients whose needs are not being met by available programs or by a specific agency.
10. Assess, evaluate and formulate a plan of action based on client need.
11. Provide training to community groups, agencies, and other professionals.
12. Provide administrative supervision.
13. Provide peer services.
14. Collect basic information, 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 the need for services

Yes, in order to complete the supervised experience in diagnosis and psychotherapy required for licensure as an LCSW you must be licensed and registered to practice as a LMSW, or hold a limited permit to practice under supervision, or be practicing in an exempt setting, as defined in the Education Law.

A Licensed Master Social Worker who is registered to practice may form any legal business entity, including a private practice. The LMSW may provide any services defined as within the scope of practice of Licensed Master Social Work, so long as the licensee is competent. However, Education Law Section 7701 restricts Licensed Master Social Workers from providing clinical services in settings other than "facility settings or other supervised settings approved by the Department under supervision in accordance with the Commissioner’s Regulations." Accordingly, New York law does not allow an LMSW to establish a private practice or professional entity (e.g., professional corporation or professional limited liability partnership) for the purpose of providing "clinical social work services" since that is outside the LMSW scope of practice/authorization.

An LMSW may establish a professional service corporation, professional limited liability corporation or professional limited liability partnership, subject to the requirements of the Education and the Business Corporation laws. You should consult with your attorney and accountant to determine if the creation of a professional entity is appropriate. In most cases, your attorney will file an application with the Department of State and the Education Department must consent to the title and purpose of a professional entity. You can access more information about establishing professional corporations on our website.

In order to provide professional services in New York, you must be licensed and registered to practice in New York, unless exempt under the Education Law. Licensure in another jurisdiction does not authorize you to practice in New York whether services are provided in-person, by telephone, over the Internet, or any other format.

There is no reciprocity for a professional license as an LMSW but there is reciprocity for an LCSW with at least 10 years of licensed experience (Question #9). An applicant for LMSW must meet the requirements for graduate education, including specific course work and internship, examination, be of good moral character as determined by the Department, and ASWB master’s examination.  An applicant for the LCSW with less than 10 years of licensed experience, must meet the requirements for clinical social work education, supervised experience in diagnosis and psychotherapy, and ASWB clinical examination as established in the Education Law and Commissioner's Regulations.

Even if you are licensed in another jurisdiction you may not practice licensed clinical social work in New York until you are licensed in New York State. An individual who is licensed as an LCSW in another jurisdiction and has at least 10 years of licensed practice in clinical social work may apply for licensure by endorsement. The individual must submit the application for licensure (Form 1) and fee; have their education program submit Form 2 to verify receipt of the M.S.W. degree; have each state submit verification of licensure on Form 3; identify licensed colleagues on Form 4E who will submit verification of LCSW practice in the other jurisdiction(s) of at least 10 years;  have licensed colleagues submit verification of licensed practice on Form 4F acceptable to the Department; and have ASWB transfer passing scores on the Clinical examination.

The Education Law and Commissioner's Regulations require appropriate supervision, which in some instances may require direct or on-site supervision, in the opinion of the supervisor. Whether or not the supervisor is on-site, the supervisor shares with the LMSW responsibility for the professional services provided to each client. Therefore, the supervisor may need to be on-site to conduct joint client intakes and directly observe the LMSW practicing clinical social work. Additional guidance about supervision is in Practice Guideline #5 on our website.

Arrangements where an individual hires or contracts with a licensee to provide supervision are problematic and, as a general rule, unacceptable. Supervision of your practice requires the supervisor to independently direct your practice; this is not possible when the supervisor is employed by you or acts as a paid contractor to supervise the person who can only practice under supervision. Additionally, you should not accept employment in any setting where you are not supervised by a qualified supervisor. The agency or employer is responsible for the services provided to each client, and clinical social work services may only be provided by an individual licensed and authorized to practice clinical social work. If the agency does not have a qualified supervisor on staff, it is their responsibility to hire a qualified supervisor who is responsible for the clinical practice of an LMSW or other person who is only authorized to practice under supervision. In such cases, we would suggest that there be a three-way agreement between you, the proposed supervisor, and your employer. The minimum information in such a letter of agreement would include:

• Acknowledgement that the supervisor will be employed to provide services and to supervise the applicant to develop skills and abilities in the practice of the profession;
• Acknowledgement that the supervisor will be provided with access to client records and, if appropriate, to clients to conduct joint intake or treatment sessions;
• Acknowledgement that the client will be informed that the applicant is authorized to practice only under supervision and that client-specific information is shared with a third-party supervisor;
• Acknowledgement that the client will be informed of the supervisor's name and contact information or an agency contact to whom questions about the applicant's practice may be addressed;
• Assurance that supervision will be of the duration and frequency specified in regulations and continue until the applicant is licensed or ceases practice; and
• Arrangements for the employer or agency to employ the supervisor including billing for services that does not constitute fee-splitting or other arrangement prohibited by Education Law and Regents Rules.

If you make arrangements for third-party supervision on your own or consult with a third-party by sharing information about the agency's patients, including but not limited to patient records, diagnosis and treatment of the patient, you could be charged with unprofessional conduct under Part 29 of the Regents Rules.

Before providing any professional services, you should review with the client the policies of your agency or employer regarding payment for services, third-party reimbursement (if appropriate), limits on confidentiality and the limits of privileged communication (e.g., intent to commit a harmful act), and how client information is shared within the agency or other setting. The client should know the qualifications of the supervisor and how to contact the supervisor with any questions or concerns about your practice and the services being provided.

The Education Law authorizes the Department to issue a limited permit to practice under supervision acceptable to the Department to an individual who has met all requirements for licensure except the examination. The permit is issued for a specific employment setting, which may not be a practice owned or operated by the permit holder. An individual holding an LMSW permit must be under the supervision of an LMSW or LCSW; the LCSW permit holder must be under the supervision of an LCSW.

If you will practice in more than one setting, you must file a permit application (Form 5) for each setting, although only one fee is required. The limited permit must be displayed in each setting and the permit holder may not practice in any location other than for which a permit has been issued. If you change employers, settings, or supervisors you must file a new Form 5.

The permit is valid for one year and may not be renewed. Once you have exhausted the limited permit you may not receive another limited permit. An individual who has not met all requirements for licensure when the permit expires may only engage in those activities that do not require licensure in New York.

The Education Law requires an applicant for licensure as an LCSW to complete three years of full-time (or the part-time equivalent in no more than six years) supervised, post-degree experience in diagnosis, psychotherapy, and assessment-based treatment plans, acceptable to the Department.

Acceptable full-time experience in diagnosis, psychotherapy and assessment-based treatment planning is defined as at least 2,000 client contact hours over a continuous period of not less than 36 months and not more than 72 months. An applicant must complete the 2,000 client contact hours under a qualified supervisor in a setting acceptable to the Department. The practice of psychotherapy is defined in law as verbal methods in interpersonal relationships to assist a person or persons to modify attitudes and behavior which are intellectually, socially, or emotionally maladaptive.

No. These services constitute direct clinical social work practice with clients but do not meet the experience requirements for the LCSW. Only experience in diagnosis, psychotherapy, and assessment-based planning are acceptable under the Education Law. Typically, diagnosis, psychotherapy and assessment based treatment planning are performed in mental health settings, substance abuse programs and similar settings, including a professional practice.

The Education Law defines qualified supervisors as licensed clinical social workers, licensed psychologists and psychiatrists; no other professions are allowed to supervise. The supervisor must have been licensed before starting to supervise you. The supervising psychologist must be qualified in psychotherapy as determined by the State Board; the psychologist must submit Form 4Q to verify experience and training.

The supervisor must provide 100 hours of individual or group supervision in diagnosis, psychotherapy and assessment-based treatment planning, distributed over a period of at least 36 months and not more than 72 months. The supervisor is responsible for the diagnosis and treatment of each client, must discuss the applicant's cases, provide the applicant with oversight and guidance in diagnosing and treating clients, and regularly review and evaluate the applicant's professional work.

If the LMSW is practicing clinical social work but is not seeking licensure, the LMSW must receive at least two hours per month of in-person, individual or group supervision when providing clinical social work services.

All post-degree experience must be submitted on Department forms and include:

• The beginning and ending dates of the supervised experience;
• The client contact hours in diagnosis, psychotherapy, and assessment-based treatment planning;
• The supervisor's qualifications to practice diagnosis and psychotherapy;
• The hours of individual and/or group supervision; and
• Notarized signature of the supervisor.

The forms must bear original signatures and must be submitted by the supervisor, not the applicant, directly to the Department. If you are changing supervisors or leaving an agency, you may wish to have the experience documented and submitted at that time.

If your supervisor is deceased or unavailable, you, a licensed colleague or the agency may provide the required information (beginning and ending dates; weekly client contact hours; supervisor's qualifications; and duration and frequency of supervision). A licensed colleague who is familiar with your supervised experience may attest that you met the requirements; the form must bear original signatures, be notarized and submitted to the Department by the licensed colleague.

An individual practicing licensed master social work in a public school or pre-school must be certified by the Office of Teaching (OT) in the Department. OT will issue a provisional school social worker certificate to an individual who has an acceptable MSW degree. The provisional certificate is valid for five years by which time the certificate holder must be licensed as an LMSW or LCSW to receive the permanent school social worker certificate. You can access more information about the school social worker certificate on-line at: www.highered.nysed.gov/tcert/ and can file an on-line application for the school certificate.

An individual holding a permanent school social work certificate must maintain the LMSW or LCSW registration in order to practice school social work. An individual with a provisional or permanent school social work credential may only practice licensed master social work outside the school if licensed and registered as an LMSW or practice licensed clinical social work outside the school if licensed and registered as an LCSW.

The Education Law does not authorize the Department to license an individual with a bachelor's of social work (BSW) degree. However, an individual with a BSW degree from a program acceptable to the Department, such as a program accredited by the Council on Social Work Education (CSWE), may practice licensed master social work under the supervision of an LMSW or LCSW. The Commissioner's Regulations do not require on-site supervision, but the supervision should be appropriate to the abilities of the BSW and the tasks delegated by the supervising LMSW or LCSW.

The BSW may not practice clinical social work, including diagnosis and psychotherapy, even under the supervision of an LCSW. An LMSW or LCSW who delegates activities that are beyond the competence of the BSW may be charged with unprofessional conduct under Part 29 of the Regents Rules.

The Education Law § 7706 defines exempt persons as those who meet certain requirements. In such cases, an exempt person can engage in activities that would ordinarily require licensure. An exempt person may not use a professional title (e.g., LMSW or LCSW) restricted to a licensee nor may the person practice outside the exempt setting.

An exempt person who wishes to qualify for licensure must meet all requirements for licensing, including education, supervision, examination, and moral character, acceptable to the Department.

The exemptions provided in the Education Law allow activities including:

• BSW or MSW students in a supervised internship under the supervision of an LMSW or LCSW;
• Licensees in other professions licensed under Title 8 of the Education Law whose practice includes similar services;
• Attorneys, rape crisis counselors and other credentialed individuals who function within the authority of those credentials;
• Public and private employees providing clinical social work services on or before September 1, 2004, for as long as they provide those services in that job; and
• Employees of programs and services operated, regulated or financed by the New York State Office of Mental Health, Office for People With Developmental Disabilities, Office of Alcoholism and Substance Abuse Services, Office of Children and Family Services, Department of Corrections and Community Supervision, Office of Temporary and Disability Assistance, State Office for the Aging, Department of Health, or a local government unit as the term is defined in section 41.03 of the mental hygiene law or a social services district as defined in section 1 of the social services law, so long as the person does not use the titles LMSW or LCSW. This exemption expired June 24, 2022.

If you have questions about your employment setting, you should consult with your employer.

No. The Education Law requires an applicant for the LMSW or the LCSW to pass an examination acceptable to the Department. It has been determined that an applicant can meet these requirements by passing the appropriate examination offered by the Association of Social Work Boards (ASWB). A candidate for the LMSW must pass the ASWB Masters (formerly "Intermediate") examination and a candidate for the LCSW must pass the ASWB Clinical examination. New York does not recognize the ASWB Advanced Generalist examination for licensure as an LMSW or LCSW.

After you apply to the Department for licensure, your application will be reviewed to determine if you meet the requirements for education, moral character, and New York-approved course work in the identification and reporting of suspected child abuse and maltreatment. For the LCSW, supervised post-MSW experience in diagnosis and psychotherapy acceptable to the Department and clinical coursework is also required. When you have met the requirements for entry to the examination, the Department will notify you and ASWB. It is then your responsibility to contact ASWB to register for an examination appointment. The examination is offered six days a week throughout the United States but you must be approved by the Department to register with ASWB. You can access information about the content areas for the Masters and Clinical examinations on-line at: www.aswb.org.

No. When you attempt the examination, your score is based on the number of questions you answer correctly in order to meet the minimum passing score for that form of the examination. The raw score is then converted to an equated score. In order to pass you must have an equated score that is equal to or higher than the minimum passing score. Regardless of the equated score required in a jurisdiction a failing score cannot be calculated as a passing score.

If you were licensed as a Licensed Master Social Worker (LMSW) on or after September 1, 2004 and were later licensed as a Licensed Clinical Social Worker (LCSW), you hold separate licenses with different registration dates. Since the practice of Licensed Clinical Social Work encompasses the practice of Licensed Master Social Work, you do not need to maintain your registration as an LMSW. When you receive the LMSW registration form, you can respond "NO" on Question 1, which asks if you would like to register the LMSW license to practice for the upcoming period. You should then answer all other questions, sign and date the form, and return it with no fee to the Department in the envelope provided. The registration of your LMSW license will then be put in "Inactive" status and the Office of the Professions online license verification will reflect that status. For more information about registration and practice, including how to change your address, see our website.

Chapter 818 of the Laws of 2022 amended New York Insurance Law regarding policy coverage for outpatient care provided by a licensed clinical social worker (LCSW) acting within the lawful scope of his or her practice as defined in Article 154 of the Education Law and specifically eliminated the requirement that the LCSW demonstrate three years of post-LCSW supervised experience in diagnosis, psychotherapy and assessment-based treatment planning to earn the “R” privilege, effective January 1, 2023. A LCSW who earned the “R” privilege will retain that designation, but it is no longer required under the Insurance Law. Although §74.5 of the Commissioner’s regulations describes the requirements for the privilege, the Office of the Professions will no longer receive or process applications for the “R” privilege. The regulations will be updated in the near future. Chapter 818 of the Laws of 2022 also requires the Department to provide a list of eligible LCSWs. Individuals who are licensed and registered to practice in New York are listed on the Office of the Professions website: https://www.op.nysed.gov/verification-search. No additional designation is required; although, the consumer should verify that the licensee is competent to provide psychotherapy based on the licensee’s education, training and experience.