act-1998-0-136•Pennsylvania Act 1998-136 — SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS ACT- AMEND
Pennsylvania Act 1998-136 — SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS ACT- AMEND
act-1998-0-1361998 Pa. Act 136Law
Act text
SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL
COUNSELORS ACT- AMEND
Act of Dec. 21, 1998, P.L. 1017, No. 136 Cl. 63
Session of 1998
No. 1998-136
SB 619
AN ACT
Amending the act of July 9, 1987 (P.L.220, No.39), entitled "An
act licensing and regulating the practice of social work;
providing penalties; and making an appropriation," further
providing for the short title, for legislative intent, for
definitions, for licensure, for the licensing agency and its
functions, for licensure qualifications and procedure and for
examination exemptions; providing for examinations; further
providing for reciprocity, for license sanctions, for license
reinstatement, for multiple licensure, for nomenclature and
for license renewal; providing for disclosure and for
referral; and making an appropriation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1, 2, 3, 4, 5, 6, 7, 8 and 9 of the act
of July 9, 1987 (P.L.220, No.39), known as the Social Workers'
Practice Act, are amended to read:
Section 1. Short title.
This act shall be known and may be cited as the [Social
Workers' Practice] Social Workers, Marriage and Family
Therapists and Professional Counselors Act.
Section 2. Legislative intent.
The practice of social work, marriage and family therapy and
professional counseling within this Commonwealth is hereby
declared to affect the public safety and welfare and to be
subject to regulation and control in the public interest to
protect the public from unprofessional, improper, unauthorized
and unqualified practice of licensed social work, licensed
marriage and family therapy and licensed professional
counseling. This act regulates only those who hold themselves
out as licensed social workers, licensed clinical social
workers, licensed marriage and family therapists or as licensed
professional counselors. Acquisition of a license under this act
shall not be made a condition of the employment of a person by
the Commonwealth or any of its political subdivisions or by
nonprofit agencies.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Application of social work methods and theory." Includes
psychosocial assessment, crisis intervention, case management,
client-centered advocacy, psychotherapy and family therapy with
individuals, couples, families and groups in an effort to
prevent or ameliorate family and personal dysfunction at home,
at work and in the community.
"Board." The State Board of [Social Work Examiners] Social
Workers, Marriage and Family Therapists and Professional
Counselors under the Bureau of Professional and Occupational
Affairs within the Department of State.
"Commissioner." The Commissioner of Professional and
Occupational Affairs.
"Licensed clinical social worker." A social worker who holds
a current clinical license under this act.
"Licensed marriage and family therapist." An individual who
engages in or offers to engage in the practice of marriage and
family therapy and who holds a current license under this act.
"Licensed professional counselor." An individual who engages
in the practice of professional counseling and who holds a
current license under this act.
"Licensed social worker." A social worker who holds a
current license under this act.
"Practice of clinical social work." Holding oneself out to
the public by any title or description of services incorporating
the term "licensed clinical social worker" or using any words or
symbols indicating or tending to indicate that one is a licensed
clinical social worker and under such description offering to
render or rendering a service in which a special knowledge of
social resources, human personality and capabilities and
therapeutic techniques is directed at helping people to achieve
adequate and productive personal, interpersonal and social
adjustments in their individual lives, in their families and in
their community. The term includes person and environment
perspectives, systems theory and cognitive/behavioral theory, to
the assessment and treatment of psychosocial disability and
impairment, including mental and emotional disorders,
developmental disabilities and substance abuse. The term
includes the application of social work methods and theory. The
term includes the practice of social work plus additional
concentrated training and study as defined by the board by
regulation.
"Practice of marriage and family therapy." The professional
application of psychotherapeutic and family systems theories and
techniques to the evaluation, assessment and treatment of mental
and emotional disorders, whether cognitive, affective or
behavioral. The term includes the evaluation and assessment of
mental and emotional disorders in the context of significant
interpersonal relationships and the delivery of
psychotherapeutic services to individuals, couples, families and
groups for the purpose of treating such disorders.
"Practice of professional counseling." Includes all of the
following:
(1) The application of principles and practices of
counseling, mental health and human development to evaluate
and facilitate human growth and adjustment throughout the
life span and to prevent and treat mental, emotional or
behavioral disorders and associated stresses which interfere
with mental health and normal human growth and development.
(2) The evaluation and assessment of normal and abnormal
mental, emotional, social, educational, vocational, family
and behavioral functioning throughout the life span;
individual, group, family counseling and psychotherapy;
crisis intervention, career counseling and educational and
vocational counseling; functional assessment of persons with
disabilities; and professional consulting.
(3) Professional counselors' utilization of verbal and
nonverbal approaches and specialization in the use of arts-
based therapeutic approaches, such as art, dance, music or
drama, to accomplish treatment objectives.
"Practice of social work." Holding oneself out to the public
by any title or description of services incorporating the term
"licensed social worker," or using any words or symbols
indicating or tending to indicate that he or she is a licensed
social worker and, under such description, offering to render or
rendering a service in which a special knowledge of social
resources, human personality and capabilities and therapeutic
techniques is directed at helping people to achieve adequate and
productive personal, interpersonal and social adjustments in
their individual lives, in their families and in their
community.
"Provisional licensed social worker." A social worker who
holds a current provisional license under this act.
Section 4. [Social work license] License required.
It shall be unlawful for any person to hold himself or
herself forth as a licensed social worker, licensed clinical
social worker, licensed marriage and family therapist or
licensed professional counselor unless he or she shall first
have obtained a license pursuant to this act.
Section 5. State Board of [Social Work Examiners] Social
Workers, Marriage and Family Therapists and
Professional Counselors.
(a) Creation.--There is hereby created the State Board of
[Social Work Examiners,] Social Workers, Marriage and Family
Therapists and Professional Counselors, a departmental
administrative board in the Department of State. The board shall
consist of [seven] 13 members who are citizens of the United
States and who have been residents of this Commonwealth for a
two-year period, two of whom shall be public members[, four];
five of whom shall be [persons who meet the educational
qualifications for licensure as specified in section 7] licensed
social workers, at least one of whom shall be a licensed
clinical social worker and at least one of whom shall be a
licensed social worker; two of whom shall be licensed marriage
and family therapists; two of whom shall be licensed
professional counselors; one of whom shall be either a licensed
marriage and family therapist or a licensed professional
counselor as hereafter provided; and one of whom shall be the
Commissioner of Professional and Occupational Affairs.
(b) Term of office.--The members shall serve for four-year
terms, except as provided in subsection (c), and shall be
appointed by the Governor by and with the advice and consent of
a majority of the members elected to the Senate. The term of the
licensed professional counselor initially appointed for a two-
year term shall thereafter alternate between licensed marriage
and family therapists and licensed professional counselors.
(c) Initial appointments.--Within 90 days of the effective
date of this act, the Governor shall nominate [one professional
member to serve a four-year term; one public member and one
professional member to serve three-year terms; one public member
and one professional member to serve two-year terms; and one
professional member to serve a one-year term.] one professional
member to serve as a clinical social worker member of the board;
three professional members to serve as professional counselor
members of the board, one of whom shall serve a two-year term,
one of whom shall serve a three-year term and one of whom shall
serve a four-year term; two professional members to serve as the
marriage and family therapist members of the board, one of whom
shall serve a two-year term and one of whom shall serve a four-
year term. The professional members of the board initially
appointed pursuant to this subsection need not be licensed by
the licensure examination adopted by the board but, at the time
of appointment, must have satisfied the education and experience
requirements of this act for licensure as a clinical social
worker, a marriage and family therapist or a professional
counselor.
(d) Continuation in office.--Each board member shall
continue in office until a successor is duly appointed and
qualified but no longer than six months after the expiration of
the term. In the event that a board member shall die, resign or
otherwise become disqualified during the term of office, a
successor shall be appointed in the same way and with the same
qualifications as set forth in this section and shall hold
office for the unexpired portion of the unexpired term.
(e) Limit on terms.--No board member shall be eligible for
appointment to serve more than two consecutive four-year terms.
(f) Forfeiture of membership.--A board member who fails to
attend three consecutive meetings shall forfeit his or her seat
unless the commissioner, upon written request from the member,
finds that the member should be excused from a meeting because
of illness or the death of a family member.
(g) Compensation.--Each member of the board, except the
commissioner, shall receive per diem compensation at the rate of
$60 per diem when actually attending to the work of the board.
Members shall also receive reasonable traveling, hotel and other
necessary expenses incurred in the performance of their duties
in accordance with Commonwealth regulations.
(h) Forfeiture for nonattendance.--A public member who fails
to attend two consecutive statutorily mandated training seminars
in accordance with section 813(e) of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929,
shall forfeit his or her seat unless the commissioner, upon
written request from the public member, finds that the public
member should be excused from a meeting because of illness or
the death of a family member.
(i) Quorum.--A majority of the members of the board serving
in accordance with law shall constitute a quorum for purposes of
conducting the business of the board. Except for temporary and
automatic suspensions under section 11(d) and (e), a member may
not be counted as part of a quorum or vote on any issue unless
he or she is physically in attendance at the meeting.
(j) Meetings.--The board shall meet at least four times a
year in Harrisburg.
(k) Notice.--Reasonable notice of all meetings shall be
given in conformity with the act of July 3, 1986 (P.L.388,
No.84), known as the Sunshine Act.
(l) Operating procedures.--The board shall meet within 30
days after the appointment of its [initial] new members and set
up operating procedures and [an application form] develop
application forms for licensing clinical social workers,
marriage and family therapists and professional counselors. It
shall be the responsibility of the board to circulate these
forms and educate the public to the requirements of licensing in
order to hold oneself out as a licensed social worker, licensed
clinical social worker, licensed marriage and family therapist
or licensed professional counselor within the Commonwealth.
Section 6. Powers and functions of board.
The board shall have the following powers:
(1) To pass upon the qualifications and fitness of
applicants for licenses and reciprocal licenses and to adopt
and revise rules and regulations requiring applicants to pass
examinations relating to their qualifications as a
prerequisite to the issuance of a license.
(2) To adopt and, from time to time, revise such rules
and regulations as may be necessary to carry into effect the
provisions of this act. Such regulations may include, but
shall not be limited to, standards of professional practice
and conduct for licensed social workers, licensed clinical
social workers, licensed marriage and family therapists and
licensed professional counselors in Pennsylvania.
(3) To examine for, deny, approve, issue, revoke,
suspend or renew licenses of social workers, clinical social
workers, marriage and family therapists and professional
counselors pursuant to this act and to conduct hearings in
connection therewith.
(4) To conduct hearings upon complaints concerning
violations of the provisions of this act and the rules and
regulations adopted pursuant to this act and seek the
prosecution and enjoinder of all such violations.
(5) To expend moneys necessary to the proper carrying
out of its assigned duties.
(6) To waive examination and grant a license in cases
deemed exceptional by the board and in accordance with
regulations promulgated by the board.
(7) To submit annually a report to the Professional
Licensure Committee of the House of Representatives and the
Consumer Protection and Professional Licensure Committee of
the Senate containing a description of the types of
complaints received, status of the cases, board action which
has been taken and length of time from the initial complaint
to final board resolution.
(8) To submit annually to the Appropriations Committees
of the House of Representatives and the Senate, 15 days after
the Governor has submitted his budget to the General
Assembly, a copy of the budget request for the upcoming
fiscal year which the board previously submitted to the
Department of State.
Section 7. Qualifications for license.
(a) [Regular] Social work license.--An applicant shall be
qualified for a license to hold oneself out as a licensed social
worker, provided he or she submits proof satisfactory to the
board that:
(1) He or she is of good moral character.
(2) He or she has received a master's degree from an
accredited school of social work or social welfare or a
doctoral degree in social work.
(3) He or she has passed an examination duly adopted by
the board.
(4) His or her application has been accompanied by the
application fee.
(5) He or she has not been convicted of a felony under
the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act, or of an
offense under the laws of another jurisdiction, which, if
committed in this Commonwealth, would be a felony under The
Controlled Substance, Drug, Device and Cosmetic Act, unless:
(i) at least ten years have elapsed from the date of
conviction;
(ii) the applicant satisfactorily demonstrates to
the board that he or she has made significant progress in
personal rehabilitation since the conviction, such that
licensure of the applicant should not be expected to
create a substantial risk of harm to the health and
safety of his or her clients or the public or a
substantial risk of further criminal violations; and
(iii) the applicant otherwise satisfies the
qualifications contained in or authorized by this act.
As used in this paragraph, the term "convicted" shall include
a judgment, an admission of guilt or a plea of nolo
contendere.
(b) Provisional social work license.--An applicant shall be
qualified for a provisional license to hold oneself out as a
social worker with a provisional license, provided he or she
submits proof satisfactory to the board that:
(1) He or she is of good moral character.
(2) He or she has received a bachelor's degree in social
work from an accredited school of social work or social
welfare and has three years' experience under the supervision
of a social worker who has graduated with a master's degree
from an accredited school of social work or social welfare.
(3) He or she offers proof of current enrollment in a
master's degree program at an accredited school of social
work or social welfare.
(4) He or she passed an examination duly adopted by the
board.
(5) His or her application has been accompanied by the
application fee.
(6) He or she has not been convicted of a felony under
The Controlled Substance, Drug, Device and Cosmetic Act, or
of an offense under the laws of another jurisdiction, which,
if committed in this Commonwealth, would be a felony under
The Controlled Substance, Drug, Device and Cosmetic Act,
unless:
(i) at least ten years have elapsed from the date of
conviction;
(ii) the applicant satisfactorily demonstrates to
the board that he or she has made significant progress in
personal rehabilitation since the conviction, such that
licensure of the applicant should not be expected to
create a substantial risk of harm to the health and
safety of his or her clients or the public or a
substantial risk of further criminal violations; and
(iii) the applicant otherwise satisfies the
qualifications contained in or authorized by this act.
As used in this paragraph, the term "convicted" shall include
a judgment, an admission of guilt or a plea of nolo
contendere.
(c) Limitation on provisional social work licenses.--No
applicant may be issued more than three provisional licenses.
(d) Clinical social work license.--An applicant shall be
qualified for a license to hold oneself out as a licensed
clinical social worker if the applicant submits proof
satisfactory to the board that all of the following apply:
(1) The applicant is of good moral character.
(2) The applicant has successfully met both of the
following requirements:
(i) Holds a master's degree in social work or social
welfare or a doctoral degree in social work from an
accredited school of social work as recognized by the
board.
(ii) Is licensed under this act as a social worker.
(3) The applicant has completed at least three years or
3,600 hours of supervised clinical experience acceptable to
the board as determined by regulation after completion of the
master's degree in social work.
(4) The applicant has passed a clinical social work
examination adopted by the board.
(5) The applicant has submitted an application
accompanied by the application fee.
(6) The applicant has not been convicted of a felony
under The Controlled Substance, Drug, Device and Cosmetic Act
or of an offense under the laws of another jurisdiction which
if committed in this Commonwealth would be a felony under The
Controlled Substance, Drug, Device and Cosmetic Act unless:
(i) at least ten years have elapsed from the date of
conviction;
(ii) the applicant satisfactorily demonstrated to
the board that the applicant has made significant
progress in personal rehabilitation since the conviction
such that licensure of the applicant should not be
expected to create a substantial risk of harm to the
health and safety of clients or the public or a
substantial risk of further criminal violations; and
(iii) the applicant otherwise satisfies the
qualifications contained in or authorized by this act.
As used in this paragraph, the term "convicted" includes a
judgment, an admission of guilt or a plea of nolo contendere.
(e) Marriage and family therapist license.--An applicant
shall be qualified to hold oneself out as a licensed marriage
and family therapist if the applicant submits proof satisfactory
to the board that all of the following apply:
(1) The applicant is of good moral character.
(2) The applicant has successfully met one of the
following educational requirements:
(i) Within five years after the board has
promulgated final regulations, has successfully completed
a planned program of 60 semester hours or 90 quarter
hours of graduate coursework which is closely related to
marriage and family therapy, including a master's degree
in marriage and family therapy from an accredited
educational institution or a master's degree in a field
determined by the board by regulation to be closely
related to the practice of marriage and family therapy
from an accredited educational institution, with graduate
level coursework in marriage and family therapy
acceptable to the board from an accredited educational
institution or from a program recognized by a national
accrediting agency.
(ii) Has successfully completed a planned program of
60 semester hours or 90 quarter hours of graduate
coursework which is closely related to marriage and
family therapy, including a 48-semester-hour or 72-
quarter-hour master's degree in marriage and family
therapy from an accredited educational institution or a
48-semester-hour or 72-quarter-hour master's degree in a
field determined by the board by regulation to be closely
related to the practice of marriage and family therapy
from an accredited educational institution, with graduate
level coursework in marriage and family therapy
acceptable to the board from an accredited educational
institution or from a program recognized by a national
accrediting agency.
(iii) holds a doctoral degree in marriage and family
therapy from an accredited educational institution or
holds a doctoral degree in a field determined by the
board by regulation to be closely related to the practice
of marriage and family therapy from an accredited
educational institution with graduate level coursework in
marriage and family therapy acceptable to the board from
an accredited educational institution or from a program
recognized by a national accrediting agency.
(3) The applicant has complied with the experience
requirement as follows:
(i) An individual meeting the educational
requirements of paragraph (2)(i) or (ii) must have
completed at least three years or 3,600 hours of
supervised clinical experience, acceptable to the board
as determined by regulation, obtained after the
completion of 48 semester hours or 72 quarter hours of
graduate coursework.
(ii) An individual meeting the educational
requirements of paragraph (2)(iii) must have completed at
least two years or 2,400 hours of supervised clinical
experience, acceptable to the board as determined by
regulation, one year or 1,200 hours of which was obtained
subsequent to the granting of the doctoral degree.
(4) The applicant has passed an examination adopted by
the board.
(5) The application has been accompanied by the
application fee.
(6) The applicant has not been convicted of a felony
under The Controlled Substance, Drug, Device and Cosmetic Act
or of an offense under the laws of another jurisdiction which
if committed in this Commonwealth would be a felony under the
Controlled Substance, Drug, Device and Cosmetic Act unless:
(i) at least ten years have elapsed from the date of
conviction;
(ii) the applicant satisfactorily demonstrates to
the board that the applicant has made significant
progress in personal rehabilitation since the conviction
such that licensure of the applicant should not be
expected to create a substantial risk of harm to the
health and safety of clients or the public or a
substantial risk of further criminal violation; and
(iii) the applicant otherwise satisfies the
qualifications contained in or authorized by this act.
As used in this paragraph, the term "convicted" includes a
judgment, an admission of guilt or a plea of nolo contendere.
(f) Professional counselors license.--An applicant is
qualified for a license to hold oneself out as a licensed
professional counselor if the applicant submits proof
satisfactory to the board that all of the following apply:
(1) The applicant is of good moral character.
(2) The applicant has successfully met one of the
following educational requirements:
(i) Within five years after the board has
promulgated final regulations, has successfully completed
a planned program of 60 semester hours or 90 quarter
hours of graduate coursework in counseling or a field
determined by the board by regulation to be closely
related to the practice of professional counseling,
including a master's degree in counseling or a field
determined by the board by regulation to be closely
related to the practice of professional counseling, from
an accredited educational institution.
(ii) Has successfully completed a planned program of
60 semester hours or 90 quarter hours of graduate
coursework in counseling or a field determined by the
board by regulation to be closely related to the practice
of professional counseling, including a 48-semester-hour
or 72-quarter-hour master's degree in counseling or a
field determined by the board by regulation to be closely
related to the practice of professional counseling, from
an accredited educational institution.
(iii) Holds a doctoral degree in counseling from an
accredited educational institution or holds a doctoral
degree in a field determined by the board by regulation
to be closely related to the practice of professional
counseling from an accredited educational institution.
(3) The applicant has complied with the experience
requirements as follows:
(i) An individual meeting the educational
requirements of paragraph (2)(i) or (ii) must have
completed at least three years or 3,600 hours of
supervised clinical experience, acceptable to the board
as determined by regulation, obtained after the
completion of 48 semester hours or 72 quarter hours of
graduate coursework.
(ii) An individual meeting the educational
requirements of paragraph (2)(iii) must have completed at
least two years or 2,400 hours of supervised clinical
experience, acceptable to the board as determined by
regulation, one year or 1,200 hours of which was obtained
subsequent to the granting of the doctoral degree.
(4) The applicant has passed an examination adopted by
the board.
(5) The application has been accompanied by the
application fee.
(6) The applicant has not been convicted of a felony
under The Controlled Substance, Drug, Device and Cosmetic Act
or of an offense under the laws of another jurisdiction which
if committed in this Commonwealth would be a felony under the
Controlled Substance, Drug, Device and Cosmetic Act unless:
(i) at least ten years have elapsed from the date of
conviction;
(ii) the applicant satisfactorily demonstrates to
the board that the applicant has made significant
progress in personal rehabilitation since the conviction
such that licensure of the applicant should not be
expected to create a substantial risk of harm to the
health and safety of clients or the public or a
substantial risk of further criminal violations; and
(iii) the applicant otherwise satisfies the
qualifications contained in or authorized by this act.
As used in this paragraph, the term "convicted" includes a
judgment, an admission of guilt or a plea of nolo contendere.
Section 8. Procedures for licensing.
(a) Affidavit required.--Each application form for an
applicant submitted to the board for examination or licensure
shall have attached as part of the form an affidavit or
affirmation for the applicant to complete as to the veracity of
the information on the application.
(b) Issuance of license.--The board shall issue to each
person who meets the licensure requirements of this act a
certificate setting forth that such person is licensed to hold
himself or herself out as a licensed social worker [or as], a
provisional social worker, a licensed clinical social worker, a
licensed marriage and family therapist or a licensed
professional counselor.
Section 9. Exemption from licensure examination.
(a) Clinical social worker.--The requirements of section
[7(a)(3)] 7(d)(4) shall not apply and a license shall be issued
without examination to [any person who has submitted an
application for license, accompanied by the required fee, within
two years after the effective date of this act, who is a
resident of this Commonwealth, who has submitted proof of his or
her practice of social work for a two-year period and who, on
the effective date of this act, holds a master's degree in
social work from an accredited school of social work or social
welfare or a doctoral degree in social work.] an applicant who
meets all of the following requirements:
(1) Has submitted an application for a clinical social
worker license, accompanied by the required fee, within three
years after the effective date of this paragraph.
(2) Is licensed under this act as a social worker.
(3) Can demonstrate proof of practice of clinical social
work for at least five of the seven years immediately prior
to the date of application for license and that such practice
was conducted in this Commonwealth.
(4) Has successfully met one of the following
educational requirements:
(i) Has a doctoral degree in social work from an
accredited educational institution.
(ii) Has a master's degree in social work of at
least 48 credit hours with a specialty in direct practice
social work from an accredited educational institution.
(iii) Has a master's degree in social work of at
least 48 credit hours with a specialty other than direct
practice social work and has taken either 12 additional
credit hours of graduate study in direct practice social
work or has within the past ten years completed
sufficient continuing education in courses satisfactory
to the board to equal 12 credit hours at a ratio of 15
continuing education hours equaling one credit hour.
(5) Can demonstrate holding a current professional
certification in clinical social work and having passed a
national certification examination in clinical social work
administered by a nationally recognized credentialing agency
approved by the board. If passing an examination was not a
prerequisite for obtaining professional certification, an
applicant must demonstrate to the board that certification
was obtained pursuant to meeting certification criteria
satisfactory to the board.
(b) Marriage and family therapists.--The requirements of
section 7(e)(4) shall not apply and a license shall be issued
without examination to an applicant who meets all of the
following requirements:
(1) Has submitted an application for a marriage and
family therapist license, accompanied by the required fee,
within three years after the effective date of this
paragraph.
(2) Is a resident of this Commonwealth.
(3) Can demonstrate proof of practice of marriage and
family therapy for at least five of the seven years
immediately prior to the date of application for license.
(4) Has successfully met one of the following
educational requirements:
(i) Has a doctoral degree in marriage and family
therapy or in a field determined by the board by
regulation to be closely related to the practice of
marriage and family therapy from an accredited
educational institution with graduate level course work
in marriage and family therapy acceptable to the board.
(ii) Has a master's degree of at least 48 semester
hours or 72 quarter hours in marriage and family therapy
or in a field determined by the board by regulation to be
closely related to the practice of marriage and family
therapy from an accredited educational institution with
graduate level course work in marriage and family therapy
acceptable to the board.
(iii) Has a master's degree of less than 48 semester
hours or 72 quarter hours but not less than 36 semester
hours or 54 quarter hours in marriage and family therapy
or in a field determined by the board by regulation to be
closely related to the practice of marriage and family
therapy from an accredited educational institution with
graduate level course work in marriage and family therapy
acceptable to the board and has within the past ten years
completed sufficient continuing education satisfactory to
the board to equal the number of hours needed to achieve
a total of 48 semester hours or 72 quarter hours at a
ratio of 15 continuing education hours equaling one
semester hour.
(5) Can demonstrate holding a current professional
certification in marriage and family therapy and having
passed an examination in marriage and family therapy approved
by the board.
(c) Professional counselors.--The requirements of section
7(f)(4) shall not apply and a license shall be issued without
examination to an applicant who meets all of the following
requirements:
(1) Has submitted an application for a professional
counselor license, accompanied by the required fee, within
three years after the effective date of this paragraph.
(2) Is a resident of this Commonwealth.
(3) Can demonstrate proof of practice of professional
counseling for at least five of the seven years immediately
prior to the date of application for license.
(4) Has successfully met one of the following
educational requirements:
(i) Has a doctoral degree in professional counseling
or a field determined by the board by regulation to be
closely related to the practice of professional
counseling from an accredited educational institution.
(ii) Has a master's degree of at least 48 semester
hours or 72 quarter hours in professional counseling or a
field determined by the board by regulation to be closely
related to the practice of professional counseling from
an accredited educational institution.
(iii) Has a master's degree of less than 48 semester
hours or 72 quarter hours but not less than 36 semester
hours or 54 quarter hours in professional counseling or a
field determined by the board by regulation to be closely
related to the practice of professional counseling and
has within the past ten years completed sufficient
continuing education satisfactory to the board to equal
the number of hours needed to achieve a total of 48
semester hours or 72 quarter hours at a ratio of 15
continuing education hours equaling one semester hour.
(5) Can demonstrate holding a current professional
certification in professional counseling and having passed a
national certification examination in professional counseling
administered by a nationally recognized credentialing agency
approved by the board.
Section 2. The act is amended by adding a section to read:
Section 9.1 Examinations.
The board shall contract with a professional testing
organization for the examination of qualified applicants for
licensure. All written, oral and practical examinations shall be
prepared and administered by a qualified and approved
professional testing organization in the manner prescribed for
written examinations by section 812.1 of the act of April 9,
1929 (P.L.177, No.175), known as The Administrative Code of
1929.
Section 3. Sections 10, 11, 12, 13 and 16 of the act are
amended to read:
Section 10. Reciprocity.
The board shall have the power to grant a reciprocal license
to an applicant who is licensed or certified as a social worker,
clinical social worker, marriage and family therapist or
professional counselor in another state and has demonstrated
qualifications which equal or exceed those required pursuant to
this act in the determination of the board, provided that no
license shall be granted under this section to an applicant
unless the state in which the applicant is licensed affords
reciprocal treatment to persons who are residents of this
Commonwealth and who are licensed pursuant to this act.
Section 11. Refusal, suspension and revocation of licenses.
(a) Grounds.--The board may refuse, suspend, revoke, limit
or restrict a license or reprimand a licensee for any of the
following:
(1) Being convicted of a felony or a crime of moral
turpitude in any state or Federal court or being convicted of
the equivalent of a felony in any foreign country, territory
or possession. As used in this paragraph, the term
"convicted" includes a finding or verdict of guilt, an
admission of guilt or a plea of nolo contendere or receiving
probation without verdict, disposition in lieu of trial or an
accelerated rehabilitative disposition in the disposition of
felony charges.
(2) Being found guilty of immoral or unprofessional
conduct. Unprofessional conduct shall include any departure
from or failure to conform to the standards of acceptable and
prevailing [social work] practice. In proceedings based on
this paragraph, actual injury to the client need not be
established.
(3) Violating standards of professional practice or
conduct adopted by the board.
(4) Presenting false credentials or documents or making
a false statement of fact in support of his or her
application for a license.
(5) Submitting a false or deceptive biennial renewal to
the board.
(6) Having a license [to practice social work]
suspended, revoked or refused or receiving other disciplinary
action by the proper [social work] licensing authority of any
other state, territory, possession or country.
(7) Violating a regulation promulgated by the board,
including, but not limited to, standards of professional
practice and conduct, or violating an order of the board
previously entered in a disciplinary proceeding.
(8) Being unable to practice [social work] with
reasonable skill and safety by reason of illness,
drunkenness, excessive use of drugs, narcotics, chemicals or
any other type of material, or as a result of any mental or
physical condition. In enforcing this paragraph, the board
shall, upon probable cause, have authority to compel a
[social worker] licensee to submit to a mental or physical
examination by a physician approved by the board. Failure of
a [social worker] licensee to submit to such examination when
directed by the board, unless such failure is due to
circumstances beyond his or her control, shall constitute an
admission of the allegations against him or her, consequent
upon which a default and final order may be entered without
the taking of testimony or presentation of evidence. A
[social worker] licensee affected under this paragraph shall
at reasonable intervals, as determined by the board, be
afforded an opportunity to demonstrate that he or she can
resume [the] competent practice [of social work] with
reasonable skill and safety.
(b) Board action.--When the board finds that the license or
application for license of any person may be refused, revoked,
restricted or suspended under the terms of subsection (a), the
board may:
(1) Deny the application for a license.
(2) Administer a public reprimand.
(3) Revoke, suspend, limit or otherwise restrict a
license as determined by the board.
(4) Require a licensee to submit to the care, counseling
or treatment of a physician designated by the board.
(5) Suspend enforcement of its findings thereof and
place a licensee on probation with the right to vacate the
probationary order for noncompliance.
(6) Restore a suspended license [to practice social
work] and impose any disciplinary or corrective measure which
it might originally have imposed.
(c) Hearing.--All actions of the board shall be taken
subject to the right of notice, hearing and adjudication and the
right of appeal therefrom in accordance with Title 2 of the
Pennsylvania Consolidated Statutes (relating to administrative
law and procedure).
(d) Temporary suspension.--The board shall temporarily
suspend a license under circumstances as determined by the board
to be an immediate and clear danger to the public health and
safety. The board shall issue an order to that effect without a
hearing, but upon due notice to the licensee concerned at his or
her last known address, which shall include a written statement
of all allegations against the licensee. The provisions of
subsection (c) shall not apply to temporary suspension. The
board shall thereupon commence formal action to suspend, revoke
or restrict the license of the person concerned as otherwise
provided for in this act. All actions shall be taken promptly
and without delay. Within 30 days following the issuance of an
order temporarily suspending a license, the board shall conduct,
or cause to be conducted, a preliminary hearing to determine
that there is a prima facie case supporting the suspension. The
licensee whose license has been temporarily suspended may be
present at the preliminary hearing and may be represented by
counsel, cross-examine witnesses, inspect physical evidence,
call witnesses, offer evidence and testimony and make a record
of the proceedings. If it is determined that there is not a
prima facie case, the suspended license shall be immediately
restored. The temporary suspension shall remain in effect until
vacated by the board, but in no event longer than 180 days.
(e) Automatic suspension.--A license issued under this act
shall automatically be suspended upon the legal commitment of a
licensee to an institution because of mental incompetence from
any cause upon filing with the board of a certified copy of such
commitment, conviction of a felony under the act of April 14,
1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, or conviction of an offense under the
laws of another jurisdiction, which, if committed in this
Commonwealth, would be a felony under The Controlled Substance,
Drug, Device and Cosmetic Act. As used in this section, the term
"conviction" shall include a judgment, an admission of guilt or
a plea of nolo contendere. Automatic suspension under this
section shall not be stayed pending an appeal or conviction.
Restoration of such license shall be made as provided in this
act for revocation or suspension of such license.
Section 12. Reinstatement of license.
Unless ordered to do so by Commonwealth Court or an appeal
therefrom, the board shall not reinstate the license of a person
to practice as a social worker, clinical social worker, marriage
and family therapist or professional counselor pursuant to this
act, which has been revoked. Any person whose license has been
revoked may apply for reinstatement, after a period of at least
five years, but must meet all of the licensing qualifications of
this act, including the examination requirement, if he or she
desires to practice as a social worker, clinical social worker,
marriage and family therapist or professional counselor pursuant
to this act at any time after such revocation.
Section 13. Reporting of multiple licensure.
Any [licensed social worker of this Commonwealth] licensee of
the board who is also licensed to practice [social work] in any
other state, territory or country shall report this information
to the board on the biennial renewal application. Any
disciplinary action taken in any other state, territory or
country shall be reported to the board on the biennial renewal
application, or within 90 days of disposition, whichever is
sooner. Multiple licensure shall be noted by the board on the
[licensed social worker's] licensee's record, and such state,
territory or country shall be notified by the board of any
disciplinary actions taken against said [licensed social worker]
licensee in this Commonwealth.
Section 16. Restrictions on the use of title "Licensed Social
Worker."
Only individuals who have received [a license] licenses as
licensed social workers under this act may style themselves as
licensed social workers and use the letters "L.S.W." in
connection with their names, and it shall be unlawful for an
individual to style himself or herself as a licensed social
worker or use any words or symbols indicating or tending to
indicate that he or she is a licensed social worker without
holding a license in good standing under this act.
Section 4. The act is amended by adding sections to read:
Section 16.1. Restriction on the use of title "Licensed
Clinical Social Worker."
Only individuals who have received licenses as licensed
clinical social workers under this act may style themselves as
licensed clinical social workers and use the letters "L.C.S.W."
in connection with their names. It shall be unlawful for an
individual to style oneself as a licensed clinical social worker
or use any words or symbols indicating or tending to indicate
that the individual is a licensed clinical social worker without
holding a license in good standing under this act.
Section 16.2. Restriction on the use of title "Licensed
Marriage and Family Therapist."
Only individuals who have received licenses as licensed
marriage and family therapists under this act may style
themselves as licensed marriage and family therapists and use
the letters "L.M.F.T." in connection with their names. It shall
be unlawful for an individual to style oneself as a licensed
marriage and family therapist or use any words or symbols
indicating or tending to indicate that the individual is a
licensed marriage and family therapist without holding a license
in good standing under this act.
Section 16.3. Restriction on the use of title "Licensed
Professional Counselor."
Only individuals who have received licenses as licensed
professional counselors under this act may style themselves as
licensed professional counselors and use the letters "L.P.C." in
connection with their names. It shall be unlawful for an
individual to style oneself as a licensed professional counselor
or use any words or symbols indicating or tending to indicate
that the individual is a licensed professional counselor without
holding a license in good standing under this act.
Section 5. Sections 18 and 20 of the act are amended to
read:
Section 18. License renewal; records and fees.
(a) Renewal term.--Renewal of license shall be on a biennial
basis. The board may by regulation require evidence of
professional activity or continuing education as a condition of
license renewal. No credit shall be given for any course in
office management or practice building.
(b) Records.--A record of all persons licensed to practice
as social workers, clinical social workers, marriage and family
therapists and professional counselors in Pennsylvania shall be
kept in the office of the board and shall be open to public
inspection and copying upon payment of a nominal fee for copying
the record.
(c) Fees.--
(1) All fees required pursuant to this act shall be
fixed by the board by regulation and shall be subject to the
act of June 25, 1982 (P.L.633, No.181), known as the
Regulatory Review Act. If the revenues raised by fees, fines
and civil penalties imposed pursuant to this act are not
sufficient to meet expenditures over a two-year period, the
board shall increase those fees by regulation so that the
projected revenues will meet or exceed projected
expenditures.
(2) If the Bureau of Professional and Occupational
Affairs determines that the fees established by the board
pursuant to paragraph (1) are inadequate to meet the minimum
enforcement efforts required by this act, then the bureau,
after consultation with the board and subject to the
Regulatory Review Act, shall increase the fees by regulation
in an amount so that adequate revenues are raised to meet the
required enforcement effort.
Section 20. Unlawful practice.
(a) Unlawful practice prohibited.--It shall be unlawful for
any person to hold himself or herself out as a licensed social
worker, licensed clinical social worker, marriage and family
therapist and professional counselor without possessing a valid,
unexpired, unrevoked and unsuspended license issued under this
act.
(b) Injunction.--Unlawful practice may be enjoined by the
courts upon petition of the commissioner or the board. In any
proceeding under this section, it shall not be necessary to show
that any person is individually injured by the actions
complained of. If the court finds that the respondent has
violated this section, it shall enjoin him or her from so
practicing until he or she has been duly licensed. Procedure in
such cases shall be the same as in any other injunction suit.
(c) Remedy cumulative.--The injunctive remedy provided in
this section shall be in addition to any other civil or criminal
prosecution and punishment.
Section 6. The act is amended by adding sections to read:
Section 20.1. Disclosure.
Marriage and family therapists and professional counselors
licensed under this act shall furnish each client with a copy of
a disclosure statement prior to rendering professional services.
The disclosure statement shall be displayed in a conspicuous
location at the place where the services are performed. The
statement shall include the following:
(1) The name, title, business address and business
telephone number of the marriage and family therapist or
professional counselor providing services.
(2) The formal professional education of the marriage
and family therapist or professional counselor, including the
institutions attended and the degrees received.
(3) The marriage and family therapist's or professional
counselor's professional philosophy and approach to
treatment, services provided and professional credentials
held.
(4) In the case of marriage and family therapists or
professional counselors engaged in a private individual
practice, partnership or group practice, the fee schedule
listed by type of service or hourly rate.
(5) At the end of the disclosure statement, the sentence
"This information is required by the Board of Social Workers,
Marriage and Family Therapists and Professional Counselors,
which regulates marriage and family therapists and
professional counselors."
(6) Immediately beneath the statement required by
paragraph (5), the name, address and telephone number of the
board.
Section 20.2. Referral.
Licensees under this act shall refer health care problems
which fall outside the boundaries of their professional
competence and scope of practice as defined in section 3 to
appropriate licensed practitioners. Such health care problems
include mental health care problems which there is reason to
believe are biologically based and individuals who are in a
suicidal or psychotic state. Nothing in this section shall be
construed as authorizing any licensee under this act to engage
in the practice of psychology as defined in the act of March 23,
1972 (P.L.136, No.52), known as the Professional Psychologists
Practice Act; the practice of medicine as defined in the act of
December 20, 1985 (P.L.457, No.112), known as the Medical
Practice Act of 1985; or the practice of osteopathic medicine as
defined in the act of October 5, 1978 (P.L.1109, No.261), known
as the Osteopathic Medical Practice Act.
Section 7. The sum of $95,000, or as much thereof as may be
necessary, is hereby appropriated from the Professional
Licensure Augmentation Account within the General Fund to the
Bureau of Occupational Affairs in the Department of State for
the fiscal year July 1, 1998, to June 30, 1999, for the payment
of costs of processing licenses and renewals, for the operation
of the board and for other general costs of the bureau
operations relating to this act. The appropriation granted shall
be repaid by the board within three years of the beginning of
issuance of licenses by the board through fees collected from
marriage and family therapists, professional counselors and
clinical social workers.
Section 8. This act shall take effect in 60 days.
APPROVED--The 21st day of December, A. D. 1998.
THOMAS J. RIDGE
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