New York Consolidated Laws

N.Y. Education Law § 7701 (2026)

Definitions

✓ current as of May 2026
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§ 7701. Definitions. 1. Practice of licensed master social work.
  (a) The practice of licensed master social work shall mean the
professional application of social work theory, principles, and the
methods to prevent, assess, evaluate, formulate and implement a plan of
action based on client needs and strengths, and intervene to address
mental, social, emotional, behavioral, developmental, and addictive
disorders, conditions and disabilities, and of the psychosocial aspects
of illness and injury experienced by individuals, couples, families,
groups, communities, organizations, and society.
  (b) Licensed master social workers engage in the administration of
tests and measures of psychosocial functioning, social work advocacy,
case management, counseling, consultation, research, administration and
management, and teaching.
  (c) Licensed master social workers provide all forms of supervision
other than supervision of the practice of licensed clinical social work
as defined in subdivision two of this section.
  (d) Licensed master social workers practice licensed clinical social
work in facility settings or other supervised settings approved by the
department under supervision in accordance with the commissioner's
regulations.
  2. Practice of clinical social work. (a) The practice of clinical
social work encompasses the scope of practice of licensed master social
work and, in addition, includes the diagnosis of mental, emotional,
behavioral, addictive and developmental disorders and disabilities and
of the psychosocial aspects of illness, injury, disability and
impairment undertaken within a psychosocial framework; administration
and interpretation of tests and measures of psychosocial functioning;
development and implementation of appropriate assessment-based treatment
plans; and the provision of crisis oriented psychotherapy and brief,
short-term and long-term psychotherapy and psychotherapeutic treatment
to individuals, couples, families and groups, habilitation,
psychoanalysis and behavior therapy; all undertaken for the purpose of
preventing, assessing, treating, ameliorating and resolving psychosocial
dysfunction with the goal of maintaining and enhancing the mental,
emotional, behavioral, and social functioning and well-being of
individuals, couples, families, small groups, organizations, communities
and society.
  (b) Diagnosis in the context of licensed clinical social work practice
is the process of distinguishing, beyond general social work assessment,
between similar mental, emotional, behavioral, developmental and
addictive disorders, impairments and disabilities within a psychosocial
framework on the basis of their similar and unique characteristics
consistent with accepted classification systems.
  (c) Psychotherapy in the context of licensed clinical social work
practice is the use of verbal methods in interpersonal relationships
with the intent of assisting a person or persons to modify attitudes and
behavior which are intellectually, socially, or emotionally maladaptive.
  (d) Development of assessment-based treatment plans in the context of
licensed clinical social work practice refers to the development of an
integrated plan of prioritized interventions, that is based on the
diagnosis and psychosocial assessment of the client, to address mental,
emotional, behavioral, developmental and addictive disorders,
impairments and disabilities, reactions to illnesses, injuries,
disabilities and impairments, and social problems.
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1985–2024 · leading case: People v. R.R., 12 Misc. 3d 161 (N.Y. Sup. Ct. 2005).
People v. R.R., 12 Misc. 3d 161 (N.Y. Sup. Ct. 2005). · cites it 13× “(See, Education Law § 7701 [2] [a].) Whereas licensed clinical social workers are authorized to make and render diagnoses and the prognoses which flow from and are intimately related to them, administer and interpret tests and measures of psychosocial functioning (so-called…”
People v. Stein, 2021 NY Slip Op 03086 (N.Y. App. Div. 2021). “Defendant bases his ineffective assistance claim upon defense counsel's failure to more vigorously challenge the 2015 report, but that report arose out of a court-ordered mental health evaluation, was endorsed by a licensed clinical social worker and another mental health…”
Karasek v. LaJoie, 699 N.E.2d 889 (NY 1998). “With respect to the specific mental health related activities of psychologists, article 153 of the Education Law provides for the licensing of psychologists, but, unlike the statutory analogue for social workers (Education Law art 154) and physicians (Education Law § 6521), it…”
People v. Scala, 128 Misc. 2d 831 (N.Y. Sup. Ct. 1985). “Education Law § 7701 defines practice as a certified social worker as, “engaging, under such title, in social casework, social group work, community organization, administration of a social work program, social work education, social work research, or any combination of these in…”
Eli v. Eli, 159 Misc. 2d 974 (N.Y.C. Fam. Ct. 1993). “” (Education Law § 7701.) It defines social work as "helping individuals, families, groups and communities to prevent or to resolve problems caused by social or emotional *982 stress.”
Alameda v. Ass'n of Soc. Work Boards (S.D.N.Y. 2024). “at ¶ 30; see also N.Y. Educ. Law §§ 7701 , 7703.) A passing score on an exam is one of several criteria used by state licensing agencies when evaluating applicants for licensure.”
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