Pennsylvania Act 2008-68 — SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS ACT - QUALIFICATIONS FOR LICENSE, ENDORSEMENT OF OUT-OF-STATE LICENSES AND PROSCRIBING UNLAWFUL PRACTICE

Act text

SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL
 COUNSELORS ACT - QUALIFICATIONS FOR LICENSE, ENDORSEMENT OF OUT-OF-STATE
                LICENSES AND PROSCRIBING UNLAWFUL PRACTICE
                  Act of Jul. 9, 2008, P.L. 929, No. 68               Cl. 63
                             Session of 2008
                               No. 2008-68

     HB 1693

                                  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
        defining "practice of social work"; defining "social worker";
        further providing for qualifications for license; providing
        for endorsement of out-of-State licenses; and further
        proscribing unlawful practice.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The definition of "practice of social work" in
     section 3 of the act of July 9, 1987 (P.L.220, No.39), known as
     the Social Workers, Marriage and Family Therapists and
     Professional Counselors Act, amended December 21, 1998
     (P.L.1017, No.136), is amended and the section is amended by
     adding a definition to read:
      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:
        * * *
        "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] 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[.] or holding oneself out to the public by any
     title or description of services incorporating the term "social
     worker" or using any words or symbols indicating or tending to
     indicate that one is a social worker, except as otherwise
     provided by this act.
        * * *
        "Social worker."  A person who holds a current license under
     this act or has received a bachelor's, master's or doctoral
     degree from an accredited school or program of social work or
     social welfare.
        Section 1.1.  Section 7(d) of the act, amended December 21,
     1998 (P.L.1017, No.136), is amended to read:
      Section 7.  Qualifications for license.
        * * *
        (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] 3,000 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.
        * * *
        Section 2.  The act is amended by adding a section to read:
      Section 10.1.  Endorsement of out-of-State licenses.
        (a)  Clinical social work license.--The board may issue a
     clinical social work license without examination to an applicant
     holding a clinical social work license in another state who
     submits proof satisfactory to the board of all of the following:
            (1)  The applicant is of good moral character.
            (2)  The applicant 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
        and has passed a clinical social work examination acceptable
        to the board.
            (3)  The applicant holds a clinical social work license
        that is in good standing from another state.  (4)  The
        applicant has completed a minimum of 3,000 hours of
        supervised clinical experience acceptable to 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 act of April 14, 1972 (P.L.233, No.64), known as The
     Controlled Substance, Drug, Device and Cosmetic Act, or 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 the applicant's 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.
        (b)  Marriage and family therapist license.--The board may
     issue a marriage and family therapist license without
     examination to an applicant holding a marriage and family
     therapist license in another state who submits proof
     satisfactory to the board of all of the following:
            (1)  The applicant is of good moral character.
            (2)  The applicant meets the educational requirements as
        specified in section 7(e)(2).
            (3)  The applicant has completed a minimum of 3,000 hours
        of supervised clinical experience acceptable to the board.
            (4)  The applicant holds a marriage and family therapy
        license that is in good standing from another state.
            (5)  The applicant has, at a minimum, been actively
        engaged in the practice of marriage and family therapy for
        five of the last seven years immediately preceding the filing
        of the application for licensure by endorsement with the
        board.
            (6)  The applicant has submitted an application
        accompanied by the application fee.
            (7)  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 the applicant's 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" shall include
        a judgment, admission of guilt or a plea of nolo contendere.
        (c)  Professional counselor license.--The board may issue a
     professional counselor license without examination to an
     applicant holding a professional counselor license in another
     state who submits proof satisfactory to the board of all of the
     following:
            (1)  The applicant is of good moral character.
            (2)  The applicant meets the educational requirements as
        specified in section 7(f)(2).
            (3)  The applicant has completed a minimum of 3,000 hours
        of supervised clinical experience acceptable to the board.
            (4)  The applicant holds a professional counselor license
        that is in good standing from another state.
            (5)  The applicant has, at a minimum, been actively
        engaged in the practice of professional counselor work for
        five of the last seven years immediately preceding the filing
        of the application for licensure by endorsement with the
        board.
            (6)  The applicant has submitted an application
        accompanied by the application fee.
            (7)  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 the applicant's 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, admission of guilt or a plea of nolo contendere.
        Section 3.  Section 20 of the act is amended by adding a
     subsection to read:
      Section 20.  Unlawful practice.
        * * *
        (a.1)  Title.--It shall be unlawful for an individual to hold
     oneself out as a social worker, use the title of "social worker"
     or use the abbreviation of "S.W." without meeting the definition
     of "social worker." This subsection includes advertising as a
     social worker and adopting or using any title or description of
     services incorporating the term "social worker" and their
     related abbreviations, which implies directly or indirectly that
     the individual is a social worker. This subsection shall not
     apply to the following individuals:
            (1)  An individual employed by the Commonwealth in a
        social work position on the effective date of this
        subsection, during the time of employment by the
        Commonwealth.
            (2)  An individual employed as a school social worker in
        a public or private school in this Commonwealth on or before
        the effective date of this subsection, during the time of
        employment as a school social worker.
        * * *
        Section 4.  The State Board of Social Workers, Marriage and
     Family Therapists and Professional Counselors and the Department
     of Health shall promulgate regulations to implement the
     amendment or addition of sections 3, 10.1 and 20(a.1) of the act
     within three years of the effective date of this act.
        Section 5.  This act shall take effect in 60 days.

     APPROVED--The 9th day of July, A. D. 2008.

     EDWARD G. RENDELL