act-2008-0-68•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
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-2008-0-682008 Pa. Act 68Law
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
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