Supervision for School Social Workers to obtain or maintain an LCSW
- Currently some school social workers cannot obtain supervision because there is no licensed clinical social worker in their district.
- School Social Workers can go out of district to obtain supervision but only if there is a memorandum of agreement between the districts or with the LCSW provider.
- NYSSSWA is currently working on some guiding documents and forms to assist LCSW supervisors in the supervision process.
Relevant FAQs from the NYSED Office of Professions:
- If I am a LMSW and providing clinical social work services under supervision, does the supervisor have to be on-site? 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.
- If my employer does not provide a qualified supervisor can I contract with a qualified supervisor outside the agency for private supervision? 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.
- What is acceptable supervision in the practice of clinical social work?
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.
NYSED
5. Using and Providing Supervision
Using Supervision
- 5.1
- Social workers in the first three years of professional practice should acquire frequent and regular individual supervision focused primarily on improving skills and knowledge in client care and professional development. You should seek supervision from a more experienced social worker in the same area of practice or, when that is not possible, from a licensed professional with experience in that area of practice.
- 5.2
- You should seek consultation with experienced colleagues throughout your career, particularly whenever you are only minimally qualified in a specific practice modality or when you believe a client could benefit from a collaborative approach to service.
- 5.3
- If you are a Licensed Master Social Worker providing clinical social work services under supervision, whether or not you intend to seek licensure as a Licensed Clinical Social Worker or the insurance privilege, you should ensure that your supervisor is qualified and the frequency and duration of the supervision meets the requirements in law.
Providing Supervision
- 5.4
- Your supervisory relationships are a form of social work practice and should be governed by the same guidelines that apply to client relationships with regard to ethical considerations, defining needs, confidentiality, expectations and responsibilities (see Guideline 2) and establishing appropriate boundaries (see Guideline 4).
- 5.5
- It is your responsibility as the supervisor to ensure that the supervisee is competent to practice, whether or not the supervisee is licensed. The supervisor who allows a supervisee to practice a profession without a license or beyond the supervisee’s level of competence, may be subject to charges of professional misconduct under the Education Law.
- 5.6
- If you are providing supervision in a group setting, the size and duration of the group should be conducive to participation by all supervisees. Many agree that groups should be limited to no more than five supervisees with one supervisor. You may choose to supervise a group of less than five, based on factors such as your supervisory skills and the qualifications and needs of the supervisees.
- 5.7
- When deciding to use other than in-person supervision, you should assess the skills of the supervisee and the purpose of the supervision, including the limitations of telepractice (see Guideline 9).
- 5.8
- You may find it helpful to conduct an annual progress report with your supervisee(s). This could include documentation of the supervisee’s ability to:
- Establish professional relationships
- Assess client need and plan appropriate interventions
- Make appropriate interventions
- Be flexible and change interventions in response to changing needs or client preferences
- Assess the supervisee’s capacities and skills as a licensed professional
- Work effectively with clients at various levels and in relation to systems, including families, organizations and other groups.
- 5.9
- When you provide supervision you should consider developing with the supervisee a written agreement that clarifies the responsibilities of each party, such as:
- Purpose and scope of the supervision
- Learning and development needs of the supervisee and plans to address those needs in supervision
- Structure of the supervision, including but not limited to
- Expected duration of the supervisory relationship
- If other than individual supervision, the number of participants
- Duration/length of each supervisory session
- Frequency of supervisory sessions
- Time and place of supervisory sessions
- Cost (if any) and payment arrangements
- Responsibilities for case materials
- Role expectations of supervisor and supervisee(s)
- Accountability and reporting requirements
- Confidentiality protections.
Citations of Pertinent Law, Rules or Regulations:
- Education Law, section 6509(2) – incompetence and negligence
- Education Law, section 6509(3) – impaired practice
- Education Law, section 6509(4) – habitual substance abuse
- Education Law, section 6509(7) – permitting unlicensed practice
- Education Law, section 6509(9) – unprofessional conduct
- Insurance Law, sections 3221(l)(4)(A) and (D), and 4303(I) and (n) – authorizes reimbursement for social work psychotherapy
- Regents Rules, part 29.1(b)(9) – practicing beyond competency and without adequate supervision
- Regents Rules, part 29.1(b)(10) – improper delegation of duties
- Regents Rules, part 29.2(a)(5) – failing to supervise appropriately
- Commissioner’s Regulations, part 74.5 – requirements for supervisor and supervision of social work psychotherapy
Source: https://www.op.nysed.gov/professions/social-work/using-and-providing-supervision
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