NYS Coalition of LMSWs

Mission Statement

The New York State Coalition of LMSWs is a statewide membership organization established to:

• Promote the social work profession by assuring sufficient pathways to the LCSW and opportunities for professional advancement


• Educate all concerned parties on the impact of the current New York State social work licensing laws and regulations


• Advocate for legislative changes that assure the advancement of social workers and protect social work/ mental health services consumers, through lobbying and recommending revisions.

Why was the New York State Coalition of LMSWs (“the Coalition”) established?

The Coalition was founded in 2008 to protect the social work profession from the unintended consequences of the 2004 NYS social work licensure laws.  In 2008, the New York State Education Department’s Office of Professions (NYSOP) issued “clarifications” of laws and regulations that had a profoundly negative effect on individual LMSWs seeking their LCSW and on the agencies in which they work.

How has the NYS social work profession been impacted?

Through our lobbying and outreach efforts, we’ve uncovered a multitude of unintended consequences from the 2004 licensure laws, impeding every aspect of the practice of social work in New York State.  The NYSOP clarifications have had detrimental effects on:

Individuals

·         Applications for LCSW licensure from LMSWs in numerous facilities (which were previously considered LCSW qualifying) are being rejected by NYSOP. Currently applicants have no mechanism by which to determine the adequacy of their “experience” prior to the actual application process.

·         Applications for the LCSW from LMSWs gaining their experience through private practice are being rejected by NYSOP.

·         LMSWs have been advised by NYSOP that clinical private practice and independent contractor services violate the laws governing the practice of the profession.

Voluntary Agencies

·         Community-based organizations providing mental health services do not have adequate funding to incur the additional labor costs associated with converting LMSWs from 1099 contract employment to W2 employees. If required to do so, organizations may need to reduce the number of service providers, thereby reducing services to the community.

·         LMSWs are not Medicaid reimbursable. If there are not sufficient pathways to earn the LCSW, organizations dependent upon Medicaid funds will have difficulty hiring LCSWs due to lack of qualifying individuals and/or the expense of paying via W2.

What are the Coalition’s achievements to-date?

The Coalition achieved these protections for individuals and agencies within its first year:

·         Creating the SWCOP-1 form with the NYSOP to protect LMSWs who have accrued experience prior to 2/2/2009 in private practice, private practice owned by licensed supervisor, and programs defined by chapter of 420 of laws 2002, who acted in good faith based on the then-published experience requirements.

·         Collaborated in drafting the Registration Bill (A. 8897 in the NY State Assembly and S.5921 in the NY State Senate), and placing it on the State Assembly’s legislative roster.  The aim of this legislation is to expand the list of acceptable settings for LCSW experience and prevent scores of voluntary agencies from being forced to close their doors because of conflicts with corporate practice laws. 

Who are the Coalition’s constituents?

The Coalition represents concerned social workers and individuals working within a variety of mental heath settings in NY state who are impacted by “clarifications” of laws and regulations by the NYSOP, including:

·         LMSWs whose current applications for the LCSW are pending approval or have been rejected due to the NYSOP’s recent “clarifications”

·         LMSWs currently in the process of accruing hours towards their LCSW

·         Social work students and recent graduates who entered graduate programs based on the licensure information available before NYSOP’s recent “clarifications”

·         Friends of LMSWs including LCSWs and other mental health professionals who are committed to assuring the greatest possible public access to licensed clinical social work services.

The Coalition currently has 706 members. We believe the number of members impacted far exceeds this number.

Is the Coalition partnering with other social work organizations?

The Coalition is a leading member of similar groups formed to lobby the NYSOP, the leadership in both houses of the state legislature, and the Office of Mental Health (OMH) to rectify the licensure issues and safeguard the social work profession.  These groups include the Alliance of Institutes and the Society of Clinical Social Workers.