Section 7706. Exempt persons  


Latest version.
  • 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;
      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,  or  licensed
      psychoanalyst 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.