NY Educ L § 7706 (2021)
2021 New York Laws EDN - Education Title 8 - The Professions Article 154 - 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. (a) Prevent a person without a license from: performing assessments including but not limited to 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;  advising  individuals  regarding  the appropriateness of benefits they are eligible for; providing general  advice  and  guidance and  assisting  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; providing peer services; selecting for suitability and providing  substance  abuse treatment   services   or   group   re-entry  services  to  incarcerated individuals in state correctional  facilities;  or  providing  substance abuse   treatment   services   or   re-entry  services  to  incarcerated individuals in local correctional facilities.  (b) Prevent a person without a license from  creating,  developing  or implementing  a  service  plan or recovery plan that is not a behavioral  health diagnosis or treatment plan. Such service or recovery plans shall include, but are not limited to, coordinating, evaluating or determining the need for, or the provision of the following services:  job  training and  employability; housing; homeless services and shelters for homeless individuals  and  families;  refugee  services;  residential,   day   or community  habilitation  services;  general  public  assistance; in home services and supports or home-delivered meals; recovery supports;  adult or  child  protective  services  including  investigations; detention as defined in section five hundred two of the executive law; prevention and residential services for victims  of  domestic  violence;  services  for runaway  and  homeless youth; foster care, adoption, preventive services or services in accordance with an approved plan pursuant to section four hundred four of the social services law, including, adoption and  foster home  studies  and  assessments, family service plans, transition plans, permanency planning activities, and case planning or case management  as such  terms are defined in the regulations of the office of children and family services; residential rehabilitation; home  and  community  based services;   and   de-escalation   techniques,  peer  services  or  skill development.  (c)(i) Prevent a person without a  license  from  participating  as  a member  of  a multi-disciplinary team to assist in the development of or implementation of  a  behavioral  health  services  or  treatment  plan; provided that such team shall include one or more professionals licensed under  this  article  or  articles  one  hundred thirty-one, one hundred thirty-nine, 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; or independently developing  and  implementing  assessment-based  treatment plans as defined in section seventy-seven hundred one of this article.  (ii)  For  the purposes of this paragraph, "assist" shall include, but not be limited to, the provision or performance of the following  tasks, services,  or  functions  by an individual who has obtained the training and experience required by the  applicable  state  oversight  agency  to perform  such  task,  service  or  function  in  facilities  or programs operating pursuant to article nineteen-G of the executive law;  articles seven,  sixteen,  thirty-one or thirty-two of the mental hygiene law; or title three of article seven of the social services law:  (1)  helping  an  individual  with  the   completion   of   forms   or questionnaires;  (2)   reviewing   existing  case  records  and  collecting  background information about an individual  which  may  be  used  by  the  licensed professional or multi-disciplinary team;  (3)  gathering  and  reporting  information  about previous behavioral health interventions, hospitalizations, documented diagnosis,  or  prior treatment for review by the licensed professional and multi-disciplinary team;  (4)  discussing  with  the  individual  his  or  her situation, needs, concerns, and thoughts in order to help identify services  that  support the individual's goals, independence, and quality of life;  (5)  providing  advice, information, and assistance to individuals and family  members  to  identify  needs  and  available  resources  in  the community to help meet the needs of the individual or family member;  (6)  engaging  in immediate and long-term problem solving, engaging in the development of social skills, or providing  general  help  in  areas including,   but  not  limited  to,  housing,  employment,  child  care, parenting, community based services, and finances;  (7)  distributing  paper  copies  of  self-administered  tests for the individual to complete when such tests do not  require  the  observation and judgment of a licensed professional;  (8)   monitoring   treatment  by  the  collection  of  written  and/or observational data in accordance with the treatment plan  and  providing verbal or written reports to the multi-disciplinary team;  (9)  identifying  gaps  in  services  and  coordinating  access  to or arranging services for individuals such as home  care,  community  based services,  housing,  employment,  transportation, child care, vocational training, or health care;  (10)  offering  education  programs  that  provide  information  about disease  identification and recommended treatments that may be provided, and how to access such treatment;  (11) reporting on behavior, actions, and  responses  to  treatment  by collecting   written   and/or   observational   data   as   part   of  a multi-disciplinary team;  (12)  using  de-escalation  techniques  consistent  with   appropriate training;  (13)  performing  assessments using standardized, structured interview tools or instruments;  (14) directly delivering services outlined in the  service  plan  that are not clinical in nature but have been tailored to an individual based on  any  diagnoses  such  individual  may  have received from a licensed professional; and  (15) advocating with educational, judicial or other systems to protect an individual's rights and access to appropriate services.  (d) 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.   8. Notwithstanding any other provision of law to the contrary, nothing in this article shall be construed to prohibit or limit  the  activities or services provided under this article by any person who is employed or who  commences  employment  in a program or service operated, regulated, funded, or approved by the department of mental hygiene, the  office  of children   and  family  services,  the  department  of  corrections  and community  supervision,  the  office   of   temporary   and   disability assistance,  the state office for the aging and the department of health or a local governmental unit as that term is defined in section 41.03 of the mental hygiene law or a  social  services  district  as  defined  in section sixty-one of the social services law on or before two years from the  date  that the regulations issued in accordance with section six of part Y of chapter fifty-seven of  the  laws  of  two  thousand  eighteen appear  in  the  state register or are adopted, whichever is later. Such prohibitions or limitations shall not apply to  such  employees  for  as long  as  they  remain employed by such programs or services and whether they remain employed by the  same  or  other  employers  providing  such programs  or  services.  Provided however, that any person who commences employment in such program or  service  after  such  date  and  performs services  that  are restricted under this article shall be appropriately licensed or authorized under this article. Each state  oversight  agency shall  create  and  maintain  a  process to verify employment history of individuals exempt under this subdivision.