Pennsylvania Act 1998-136 — SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS ACT- AMEND

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