2023 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.