A Victory For Social Work: NASW-NYS Update On Social Work License Exemption

NASW-NYS has won a hard-fought victory in the NYS Senate in regard to social work license exemption legislation. Scroll down for the official NASW-NYS announcement.

Highlights:

1. 3 Year extension of the license exemption (in lieu of the permanent exemption originally proposed).
2. Mandate that each impacted agency participate in a workforce analysis that more accurately identifies staff providing specific tasks that require a license.
3. Clarification of terms and tasks requiring a license.

A Win in the Battle for Licensure

Karin Moran, MSW, Director of Policy, NASW-NYS Chapter

As previously reported in the social work call to action we issued in January, the Governor’s Executive Budget proposal included language to permanently exempt individuals in the employ of a program operated, regulated, funded, licensed, or approved by eight designated state agencies and/or local government units or social services districts from the licensure requirements of social work (or other mental health professions). Throughout budget negotiations we worked in partnership with the NYS Society for Clinical Social Work, the NYS Association of Deans of Schools of Social Work and the NASW-NYC Chapter, to maintain our position that:

• The diagnosis and treatment of a mental illness should only be provided by qualified individuals;
• Standards of care and professional enforcement mechanisms are embedded in NYS Education Law and the wholesale exemption from licensure of individuals in certain settings not only risks the quality of care for many of our most vulnerable citizens, but also exempts certain providers from compliance with SED regulations and the Rules of the Board of Regents which oversees the licensed professions and holds the ability to enforce professional standards in this state.

Prior to the Governor’s Executive Budget proposal, in conjunction with our partners, we worked with key legislators and their staff to engage stakeholders. As a result, a number of identified concerns were brought to bear and in response, we crafted a budget neutral compromise solution which sought to alleviate potential workforce disruptions and fiscal impacts while simultaneously moving toward compliance and regulation of the field. Our compromise solution was utilized by the legislature as the framework for bill language that would replace the Governor’s proposed budget language in both the Senate and Assembly “one house” budget bills. The new bill language included a three-year extension of the exemption, a mandate that each impacted agency participate in a workforce analysis that more accurately identifies staff providing specific tasks that require a license, a grandparenting provision, continuing education provisions and clarification of terms and tasks requiring a license.

After a protracted and fierce battle with opponents, we were successful in preventing a permanent exemption, securing a reporting requirement, and clarifying terms and tasks requiring a license (specifically focused on unlicensed multi disciplinary team member tasks). Budget bills have been passed in both houses and signed by Governor Cuomo. We expect to pursue continuing education provisions outside of the budget process.

We would like to thank our stalwart legislative champions, Higher Education Committee Chairs Senator Kenneth LaValle and Assembly member Deborah Glick, their staff, and members of their committees. Their steadfast determination and dedication to the provision of quality services was the key component to our success. We also thank our original social work licensure bill sponsors Senator Thomas Libous and Assembly member Gary Pretlow for their continued support and assistance. It cannot go unmentioned that Dr. David Hamilton, Executive Secretary of the Social Work Board, NYSED Office of the Professions has been a committed ally throughout this lengthy and challenging process and his efforts on behalf of the social work profession are greatly appreciated.

To all of our members who heeded our call to action and took the time to contact legislative leaders and their Senate and Assembly representatives to oppose the permanent exemption and support our compromise position, we applaud your efforts to preserve social work practice and protect consumers of mental health services throughout the state of New York. We encourage you to send a note of thanks to your legislators for their stance on this critical issue.

SJS would also like to thank our readers and fellow social workers who called their legislators and signed our petition. Every single action is not just a victory for social work, but a blue print for the future of social work advocacy. The clock is ticking, NYS social workers now have 3 years to defeat the next social work license exemption legislation. If we are serious about social work advocacy, this becomes a 365 day a year job for every social worker.

Subscribe to the SJS Weekly Newsletter