(a) Upon satisfaction of the requirements set forth in subdivision (c) of this section, and filing with the department an application and a fee of $100, a licensed clinical social worker may qualify for insurance reimbursement pursuant to Insurance Law section 3221(l)(4)(D) or 4303(n).

(b) Definition.

As used in this section, psychotherapy means 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.

(c) In order to fulfill the requirements of Insurance Law, section 3221(l)(4)(D) or 4303(n) and except as provided in clause (2)(ii)(d) of this subdivision, the licensed clinical social worker shall complete at least 2,400 client contact hours of experience in psychotherapy over a period of not less than three years after licensure as a licensed clinical social worker, with not less than 400 client contact hours in any one year, in accordance with the following criteria:

1. (1) Acceptable setting. The experience shall be completed in a setting acceptable to the department, as described in section 74.6(a) of this Part, which may include a practice owned or operated by the applicant.

2. (2) Supervision of experience. The licensed clinical social worker shall submit for review and approval by the State Board for Social Work, on forms prescribed by the department, a plan for supervised experience that will meet the requirements of this paragraph. The plan shall be submitted to the State Board for Social Work before the licensed clinical social worker commences the supervised experience requirement under this section.

   1. (i) The plan for supervision shall specify:

      1. (a) individual or group consultation of no less than two hours per month; or
      2. (b) enrollment in a program authorized to provide psychotherapy offered by an institution of higher education or by a psychotherapy institute chartered by the Board of Regents.

   2. (ii) The individual or group supervision must be provided by:

      1. (a) a licensed clinical social worker who, at the time of supervision of the applicant, held the psychotherapy privilege authorized by this paragraph or the equivalent as determined by the department; or
      2. (b) a psychologist who, at the time of supervision of the applicant, was licensed as a psychologist in the state where supervision occurred and was qualified in psychotherapy as determined by the department based upon a review of the psychologist's education and training, including but not limited to education and trained in psychotherapy obtained through completion of a program in psychology registered pursuant to Part 52 of this Title or a program in psychology accredited by the American Psychological Association; or
      3. (c) a physician who, at the time of supervision of the applicant, was a diplomate in psychiatry of the American Board of Psychiatry and Neurology, Inc. or had the equivalent training and experience as determined by the department;
      4. (d) an applicant who started the experience to qualify for insurance reimbursement prior to January 1, 2011 may submit any experience obtained prior to licensure as a licensed clinical social worker provided that such experience, in the determination of the department, satisfies the experience requirements for such reimbursement and is obtained after the experience used to satisfy the experience requirements for licensure as a licensed clinical social worker. Experience to qualify for insurance reimbursement commenced on or after January 1, 2011 shall be obtained only after licensure as a licensed clinical social worker.