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 under a limited permit 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 practice of an individual who can only practice under supervision. Additionally, you should not accept employment in any setting where you are not supervised by a qualified supervisor, as defined in law and regulations.
The employer is responsible for the services provided to each client and these may only be provided by an individual licensed and authorized to practice the profession. If a prospective employer does not have a qualified supervisor on staff, it is their responsibility to hire a qualified supervisor who is responsible for the practice of a permit holder or other person who is only qualified to practice under supervision. In such cases we would suggest that there be a three-way agreement between you, the employer and the supervisor. The minimum information to be included in such a letter of agreement would include:
- Acknowledgement that the supervisor will be employed to provide services and to supervise the permit holder to develop skills and abilities in the practice of the profession;
- Acknowledgement that the supervisor will be provided with access to patient records and, if appropriate, to patients to conduct joint intake or treatment sessions;
- Acknowledgement that the patient will be informed that the permit holder is authorized to practice only under supervision and that patient-specific information is shared with a third-party supervisor;
- Acknowledgement that the patient will be informed of the supervisor's name and contact information or an agency contact to whom questions about the permit holder's practice may be addressed;
- Assurance that supervision will be of the duration and frequency specified in regulations and continue until the permit holder 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 that is prohibited by Education Law and Regents Rules. You cannot hire a licensee to supervise your practice. If you were to seek outside supervision on your own or share information about the agency's patients, including but not limited to patient records, assessment and treatment of the patient, you could be charged with unprofessional conduct under Part 29 of the Regents Rules.
The State Board may request clarification of the relationship between the agency and the supervisor to ensure that the supervisor is responsible for the patients and directing you in the practice of the profession.