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Write for me capstone definition college cheap do my human resource capstone project arvada essay papers hello and welcome to this legislative update on authorized settings for the provision of licensed mental health services sponsored by the New York State Association of Dean's of schools of Social Work I'm silesia street communications and professional development associate for the new york state chapter of the National Association of Social Workers and I will be your host joining me to discuss this important topic are David Hamilton and Karen Moran David is the executive secretary to the state boards for Social Work and mental health practitioners at the new york state education department karen is the director of policy for the National Association of Social Workers new york state chapter and principal legislative representative for both the New York State and New York City chapters of nasw welcome to you both and thank you for joining us to help us better understand this critical issue I understand there have been recent legislative and regulatory changes to remedy an unintended consequence of the implementation of Social Work licensure and that of the other licensed mental health professionals that relates to the authorization of corporate entities to provide licensed mental health services in New York State for years social workers have been employed in not-for-profits and have done these kinds of services and now it would seem that this is no longer the case no longer allowed Karen can you explain to us how this problem came about sure we were actually alerted to the problem through our own membership when our phone started ringing off the hook and we were literally receiving hundreds of phone calls from social workers across the state whose experience for their LCS to clinical experience for their LCSW licensure was denied based on the because it was in obtained in an unauthorized setting we began conversations with David and the Education Department to get to the bottom of why this is happening on such a large scale and soon determined that it was indeed an unintended consequence of the implementation of the Social Work and mental health or mental health professions licensure statutes prior to Social Work licensure hundreds of community-based services service providers routinely hire social workers to provide clinical services however upon enactment of the licensure statutes thus beginning scope protection if you will these agencies were technically not authorized any longer to profile under the law to provide such services and unfortunately they were never informed of the change hence their continuation to provide scope protected services such as psychotherapy even though they lack the authority to do so okay David can you explain to us the the differences between an authorized and unauthorized setting certainly it's related to the concept that a license is issued to an individual to practice a profession so as a licensee can set up their own private practice to provide those services directly New York law though has not generally allowed a business to employ licensed professionals to provide services so that a social worker under the new law could have their own practice or form a group practice but they cannot be employed by an agency or a business whether that business was a for-profit or not-for-profit because that business doesn't have the ability or the authority to be able to hold out as if they're providing services or that they're employing licensed professionals these provisions of the law have been long-standing because the goal has been to make sure that licensed practitioners are making decisions about appropriate treatment and not organizations or businesses making decisions about the treatment ok now this situation sounds like it could have caused a major disruption in the delivery of mental health services what has been done to prevent that from occurring as Karen said when phone calls started coming in because we were looking at individuals and saying this experience cannot be accepted because the setting is not authorized it's a not-for-profit that they don't have an operating certificate from the office of mental health or they're not a clinic under the Department of Health like a hospital when we started looking at those we realized that there were some consequences of the law that no one had planned so we brought together professional associations including nasw we brought together groups of providers like the hospital's community-based providers we got together with people from the other state agencies so we could have the discussion to try and identify where exactly these problems were being found and they were in not-for-profits they were in what religious corporations they were in educational corporations that as Karen said could provide these services before there was a restriction on practice but couldn't after that so we worked with all the stakeholders and the legislature the Senate and Assembly in 2010 introduced a bill that created the ability for the department to address this problem by issuing waivers to qualified entities that was signed into law by the governor in in June of 2010 so that we're now implementing those those provisions okay and what's being done to implement this new law well the Board of Regents has approved the permanent regulations to implement the law effective februari second 2011 the department has also developed the waiver applications consistent with the law and regulations and the applications are now posted on the State Education Department website and David how can a corporation determine if they need a waiver there are they need to talk to their corporate counsel because what they need to go back and look at is are they authorized say with an operating certificate from a from a state agency like the office of mental health or the Department of Health or if they're a not for profit or religious corporation do their corporate purposes include the provision of psycho therapy or counseling or other services that are now restricted under the law now there are some entities that don't need to apply for a waiver under the law because they are have programs that are exempt but if that same organization offered other programs that weren't necessarily under that that umbrella authorization they would have to apply so one agency may have some programs that are exempt and some that need waivers Karen how can a non-for-profit or educational corporation receive a waiver from from the department what's the process well the law requires an entity to apply for that waiver within 120 days of the department's posting of the applications and there will be links to the forms on the social work in mental health practitioners professions pages the law also allows the entity content to continue providing services until the waiver application is denied or until July first 2012 whichever comes first if the entity does not receive a waiver however it must stop providing social work and mental health services including psychotherapy that are restricted under the law and may not employ a licensed professional limited permit holder or intern okay what information David do corporations need to provide in order to apply well they need to give us some basic information the first would be what professional services are they going to provide or they're going to be licensed master social workers licensed clinical social workers creative arts therapists psychoanalysts marriage and family therapists mental health counselors psychologists they need to tell us or affirm to us that only individuals who are licensed under the education law or people who are authorized like a student intern under supervision or limited permit holder will be providing the services within that organization in that setting they also have to attest that they have sufficient resources so that they can provide services to individuals and that they will maintain in a secure manner the records of patient treatment just as would be required of a hospital or clinic or a private practitioner so that the consumer has the ability to access their records and information about the services they received and the law also requires that each member of the board of directors of an organization be of good moral character so in the application where we ask each director to submit an attestation that they're a good moral character or to report any arrests or convictions or loss of a professional license something that might raise a question about the ability of the director or the organization to be able to provide services to the public and is there a cost associated with the waiver application there's no cost for the application neither for the initial application nor for any additional certificates for settings where the organization provides services and how long is a wave wave or valid for the waiver is valid for three years so just before the three year period ends we will be sending out a renewal notice to these organizations so that they can provide us with updated information and they can add sites they can add services if that's what needs to be done at that point in time now given the fact that the department is going to be screening and issuing waivers to certain corporations how is the department ensuring public protection under this waiver process well when we went and met with the associations and when we met with the legislature everyone's discussion was focused on two things one the organizations that are providing services just like licensed professionals ninety-nine point nine percent of them are doing the right thing so we're not doing this because we think that there's nefarious activities going on but we still need to make sure that there are provisions so that if there are organizations or thur and just like if there's a licensed individual who's genuine something wrong that harms patients places the public at risk that there's consequences and countability for that so that an organization that gets a waiver would be subject to oversight by the by the Board of Regents just as a licensed professional would be subject to discipline in the organization would have the same rights as an individual so it's a a due process protection as well as a public process of Public Protection process okay does every not for profit or educational corporation need a waiver there are certain organizations that do not need waivers as as they're spelled out in the law for instance you've got organizations that have an operating certificate from the Department of Health to operate a hospital or from the office of mental health to operate a clinic the office for people with developmental disabilities to provide to operate a group home the office of substance abuse services or from some other government organization that issues an operating certificate that tells us that organization is already under some sort of oversight and scrutiny so we don't need to be issuing a waiver for them there's also organizations that are called University faculty practice practices there are separate provision in the not-for-profit law that are tied to hospitals they don't need a waiver a college or university that educates individuals to get licensed in the Social Work professions mental health professions psychology medicine or nursing again they are their students are going to be providing these services they're going to be so that they don't need a waiver to be able to have the students complete those internships of those placements and then finally one of the things that was not clear in any part of the education law was the role of counseling centers on colleges and universities campuses so we clarified that that college can employ licensed professionals to provide counseling services to their students or to the family and the staff okay this corporate practice issue has affected a number of individuals who were working toward completion of their supervised clinical experience and in pursuit of their professional licensing does this law do you know what does this law do if anything to assist folks that thought that they had qualifying experience well as Karen said there were a lot of people didn't realize that this was a problem when they when they took a job when they started working under a supervisor they acted in good faith because in many cases their supervisor had gotten their experience in that same organization or that same setting so the law actually has language that says we can accept good faith experience that's completed by an applicant who thought the setting was qualified and that means that the individual doesn't lose whatever time they had put in there toward their clinical experience there's also provisions that allow us to assume that an organization or an entity right now is acceptable until they actually get the application in and we complete the review of the application rather than saying we'll hold off you can't provide services we're trying to let these organizations continue to provide services because again 99% of them are doing the right thing there supervising students there supervising new licensees they're getting good experience but going forward one of the other big pieces is for social work especially we've now created what we call a form 6 which is a prior review of a proposed setting or a supervisor so that someone who is an LMS w who wants to get their clinical experience could submit the application to us and we'll look at the setting and the supervisor to just verify that it is an authorized setting so that person knows that they're putting in time in an appropriate setting in place to get the experience that they're going to need to get licensed and folks applying for a limited permit and in multiple professions like also have to get their supervision and this another way for that for that setting and that supervisor to be looked at great great Karen what should not for profits be doing right now to make sure that they're complying with this law well right now they should be reviewing the certificate of incorporation you should verify that the purpose is stated include the provision of Social Work and mental health services as to find in law and if it is not clearly stated they should consult an attorney to determine if the corporation requires a wave if necessary apply for the waiver with the education department within the 120-day location period okay and where can someone get more information about the waivers or supervised experience requirements for licensure all of the applications and the information including the law the regulations are on the office of the professions website the education law to the regulations that define the application process and the application forms have been posted up there as well wonderful well Karen and David thank you so much for sharing your expertise with us today and we'll provide you with the office of the professions website it is the host of all information related to this issue thank you for joining us and have a good day you business capstone company presentation order Globalization and International Affairs Program.