Code of Massachusetts Regulations
258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS
Title 258 CMR 8.00 - Definitions And General Provisions
Section 8.03 - Definitions

As used in 258 CMR 8.00, the following terms shall have the following meanings unless the context in which they are used clearly indicates otherwise:

Accredited College or University. A college, university or other institution of post-secondary education which is accredited by a regional educational accrediting body recognized by the United States Department of Education or equivalent as determined by the Board.

Agency. Any partnership, corporation, association, limited liability company, limited liability partnership, or other business organization or entity, whether for profit or not for profit, which provides social work services, either exclusively or in combination with other types of goods or services.

Association of Social Work Boards or ASWB. The Association of Social Work Boards, 400 South Ridge Parkway, Suite B, Culpeper, VA 22701.

Applicant. Any individual who is applying for a license to practice social work in the Commonwealth of Massachusetts pursuant to M.G.L. c. 112, § 130 through 137 and 258 CMR 8.00.

Board. The Massachusetts Board of Registration of Social Workers.

Case Management Services. The performance of social work services which involve planning, coordinating, evaluating and monitoring the provision of services to a client from a variety of sources.

Client. Any person with whom a social worker has established a social worker-client relationship and to whom a social worker is providing, or has provided, professional social work services.

Client Encounter. Any meeting or other interaction between a social worker and a client or prospective client during which the social worker performs professional social work services for, or engages in a professional consultation with, that client or prospective client.

Client Services Record. A written record of all non-clinical social work services provided to a client.

Clinical Social Work Services. The application of social work theory and specialized clinical knowledge and methods to assess, diagnose, prevent and treat mental, emotional or behavioral disorders, conditions or addictions through the provision of individual, marital, couples, family or group counseling and psychotherapy of a non-medical nature for the purpose of improving, restoring or enhancing the social and/or psychosocial functioning of such individuals, couples, families or groups. Such services include, but are not necessarily limited to, the provision of individual, marital, couples, family or group counseling and psychotherapy services and the performance of related collateral contacts and record-keeping. Clinical social work services expressly excludes the diagnosis of any organic illness or the treatment of any illness by medical or organic therapies.

Clinical Treatment Record. A written record which documents the existence of a social worker-client relationship and which contains information acquired or revealed in the course of, or in connection with, the performance of clinical social work services by a social worker, including but not limited to the information specified in 258 CMR 22.00: Confidentiality of Client Communications and Records. Clinical Treatment Record shall not, however, include any handwritten notes made contemporaneously by a social worker during a client encounter, as long as such notes are used solely for the purpose of preparing case notes, progress notes or other entries in a client's clinical treatment record at a later time, and are not preserved or retained thereafter.

Clinical Treatment Summary. A written document which provides information about a social worker-client relationship and the nature and extent of any clinical social work services provided to that client, but does not include the substantive content of any communications made to the social worker during the course of, or in connection with, the performance of the social worker's clinical social work services or any other materials which would otherwise reflect the thoughts, feelings or impressions of the client obtained or revealed during the provision of those clinical social work services.

Communications. Any oral, written or electronic communications, correspondence, actions or occurrences which take place during the course of, or in connection with, the performance of professional services by a social worker for a client, including any records, memoranda, or notes of such communications, correspondence, actions or occurrences, and regardless of whether or not the client is aware of such communications, correspondence, actions or occurrences.

Counseling. Engaging individuals, families, or groups of individuals in conscious, problem-solving discussions about psychosocial problems. Such counseling may or may not include facilitating the client's obtaining financial or other forms of environmental assistance.

Council on Social Work Education or CSWE. The Council on Social Work Education, 1600 Duke Street, Alexandria, Virginia, 22314.

Eligible for Licensure. An individual is "eligible for licensure" as that phrase is used in 258 CMR 12.02 through 12.04 when that individual has applied for and has been approved by the Board, having met specified education and experience requirements, to take the examination for licensure at either the licensed independent clinical social worker level, the licensed certified social worker level, or the licensed social worker level, but either has not yet taken the examination or has taken the examination and not yet received the results of that examination.

Employee. An individual who is subject to the direction and control of an organization or unrelated individual with respect to the nature of the work to be performed and the manner in which such work is to be done, including but not limited to such matters as work hours, method and amount of compensation, decisions about what services will be provided, decisions about who will receive such services, and other terms and conditions of employment. The question of whether an individual is or is not an "employee" does not depend on the specific method of remuneration for services.

Health Care Facility. Any hospital, nursing home, extended care facility, public or private institution for persons with intellectual disabilities, clinic, health maintenance organization or health care facility licensed or otherwise operating legally within the Commonwealth of Massachusetts.

Independent Practice of Clinical Social Work. The performance or provision of clinical social work services as a self-employed solo practitioner, or as an associate in a group practice who is an independent contractor, and not as an employee of an agency, health care facility or unrelated individual as defined in 258 CMR 8.03: Employee.

License. An authorization granted by the Board and its agents to a named individual, pursuant to M.G.L. c. 112, § 131 and 258 CMR 9.00: Licensure Requirements and Procedures, which permits that named individual to lawfully engage in the practice of social work in the Commonwealth of Massachusetts.

Licensed Certified Social Worker (LCSW). An individual who meets the qualifications set forth in M.G.L. c. 112, § 131 and 258 CMR 9.04: Licensure Requirements for a Licensed Certified Social Worker (LCSW) and who is licensed by the Board to perform or provide social work services in accordance with 258 CMR 12.02: Scope of Professional Practice - Licensed Certified Social Worker (LCSW).

Licensed Independent Clinical Social Worker. An individual who meets the qualifications set forth in M.G.L. c. 112, § 131 and 258 CMR 9.03: Licensure Requirements for a Licensed Independent Clinical Social Worker (LICSW) and who is licensed by the Board to engage in the independent practice of clinical social work in accordance with 258 CMR 12.01: Scope of Professional Practice - Licensed Independent Clinical Social Worker (LICSW).

Licensed Social Worker. An individual who meets the qualifications set forth in M.G.L. c. 112, § 131 and 258 CMR 9.05: Licensure Requirements for a Licensed Social Worker (LSW) and who is licensed by the Board to perform or provide social work services in accordance with 258 CMR 12.03: Scope of Professional Practice - Licensed Social Worker (LSW).

Licensed Social Work Associate. An individual who meets the qualifications set forth in M.G.L. c. 112, § 131 and 258 CMR 9.06: Licensure Requirements for a Licensed Social Work Associate (LSWA) and who is licensed by the Board to perform or provide social work services in accordance with 258 CMR 12.04: Scope of Professional Practice - Licensed Social Work Associate (LSWA).

Non-clinical Social Work Services. The application of social work theory, knowledge and methods to improve, restore or enhance the social and/or psychosocial functioning of individuals, couples, families, or groups through the provision of services other than counseling or psychotherapy. Non-clinical social work services include, but are not necessarily limited to, community organization; program planning and development; administration of community services or programs; assessment of client needs for non-clinical community programs or services; formulation of plans for the delivery of community services based on client needs; coordination and/or evaluation of service delivery; advocacy on behalf of persons or groups with unmet service needs; and provision of training about community needs and problems.

Practice of Social Work. Rendering or offering to render any clinical social work service, non-clinical social work service, or case management service, as defined in 258 CMR 8.03, to any individual, family, or group of individuals for any fee or other form of compensation, monetary or otherwise.

Prospective Client. Any individual who obtains, requests or engages in a professional consultation with a social worker, either in person or otherwise, in contemplation of receiving professional social work services.

Psychotherapy. Psychotherapy of a non-medical nature in which psychological and interpersonal theories and methods are used to assess, interpret and/or modify conscious and/or unconscious processes of behavior.

Social Worker. Any individual who is duly licensed by the Board to practice social work in the Commonwealth of Massachusetts pursuant to M.G.L. c. 112, § 131 and 258 CMR 9.00: Licensure Requirements and Procedures.

Social Work Intern. Any individual who has filed an application with the Board for licensure as a social worker pursuant to 258 CMR 9.00: Licensure Requirements and Procedures but whose application has not yet been approved or denied by the Board.

Social Work Student. An individual who is enrolled in an undergraduate or graduate-level school or program of social work accredited by the Council on Social Work Education, but who has not yet applied for or obtained a license to practice social work from the Board.

Unrelated Individual. An individual who is not related to another individual by blood, marriage, or adoption.