1Amending the act of July 9, 1987 (P.L.220, No.39), entitled "An
2act licensing and regulating the practice of social work;
3providing penalties; and making an appropriation," further
4providing for definitions, for the licensing agency and its
5functions, for powers and functions of board, for
6qualifications for license, for procedures for licensing, for
7reciprocity and for reinstatement of license; providing
8for nomenclature; and further providing for penalties, for 
9license renewal and records and fees and for unlawful 
10practice.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

13Section 1. The definition of "provisional licensed social
14worker" in section 3 of the act of July 9, 1987 (P.L.220,
15No.39), known as the Social Workers, Marriage and Family
16Therapists and Professional Counselors Act, amended December 21,
171998 (P.L.1017, No.136), is amended and the section is amended
18by adding definitions to read:

19Section 3. Definitions.

20The following words and phrases when used in this act shall
21have the meanings given to them in this section unless the

1context clearly indicates otherwise:

2* * *

3"Licensed bachelor social worker." A social worker who holds
4a current bachelor's level license under this act.

5* * *

<-6"Practice of bachelor social work." A licensed bachelor
7social worker providing generalist, nonclinical social work
8services as an employee functioning under the direction of
9an individual who is regulated by the Commonwealth or holds
10a professional license issued by the Commonwealth, or an
11individual employed by an agency that is regulated by the
12Commonwealth. The term includes performing any of the following
13functions:

14(1) Providing social work case management services of a
15generalist, nonclinical nature as an employee of an agency or
16a health care facility.

17(2) Providing consultation on generalist, nonclinical
18issues to individuals, groups, members of other professional
19disciplines, agencies, health care facilities or
20institutions.

21(3) Obtaining information from agency clients or
22applicants for services to determine their social work
23service needs or the availability of appropriate resources.

24(4) Assisting individuals or groups in identifying and
25making use of resources and social work services which are
26available to resolve day-to-day problems, including, but not
27limited to, all of the following:

28(i) Employment and housing.

29(ii) Health care and child care.

30(iii) Financial assistance.

<-1"Practice of bachelor social work." The professional
2application of social work theory, knowledge, methods,
3principles, values and ethics to restore or enhance social or
4psychosocial functioning of individuals, couples, families,
5groups, organizations and communities. This practice is basic
6generalist nonclinical practice that includes interviewing,
7planning, intervention, case management, mediation, supportive
8counseling, information and referral, problem solving, client
9education, advocacy, community organization and the development,
10implementation and administration of policies, programs and
11activities.

12* * *

13["Provisional licensed social worker." A social worker who
14holds a current provisional license under this act.]

15* * *

<-16"Social work services." Services provided by a professional
17holding a bachelor's degree or master's degree issued by an
18accredited school or program of social work or social welfare
19that demonstrates competency in professional social work.

20Section 2. Sections 5(l) and 6(2) and (3) of the act,
21amended December 21, 1998 (P.L.1017, No.136), are amended to
22read:

23Section 5. State Board of Social Workers, Marriage and Family
24Therapists and Professional Counselors.

25* * *

26(l) Operating procedures.--The board shall meet within 30
27days after the appointment of its new members and set up
28operating procedures and develop application forms for licensing
29clinical social workers, marriage and family therapists and
30professional counselors. It shall be the responsibility of the

1board to circulate these forms and educate the public to the
2requirements of licensing in order to hold oneself out as a
3licensed bachelor social worker, licensed social worker,
4licensed clinical social worker, licensed marriage and family
5therapist or licensed professional counselor within the
6Commonwealth.

7Section 6. Powers and functions of board.

8The board shall have the following powers:

9* * *

10(2) To adopt and, from time to time, revise such rules
11and regulations as may be necessary to carry into effect the
12provisions of this act. Such regulations may include, but
13shall not be limited to, standards of professional practice
14and conduct for licensed bachelor social workers, licensed
15social workers, licensed clinical social workers, licensed
16marriage and family therapists and licensed professional
17counselors in Pennsylvania.

18(3) To examine for, deny, approve, issue, revoke,
19suspend or renew licenses of bachelor social workers, social
20workers, clinical social workers, marriage and family
21therapists and professional counselors pursuant to this act
22and to conduct hearings in connection therewith.

23* * *

<-24Section 3.  Section 7(b) of the act, amended December 21,
251998 (P.L.1017, No.136), is amended and the section is amended
26by adding a subsection to read:

<-27Section 3. Section 7(b) and (c) of the act, amended December
2821, 1998 (P.L.1017, No.136), are amended and the section is
29amended by adding subsections to read:

30Section 7. Qualifications for license.

1* * *

2[(b) Provisional social work license.--An applicant shall be
3qualified for a provisional license to hold oneself out as a
4social worker with a provisional license, provided he or she
5submits proof satisfactory to the board that:

6(1) He or she is of good moral character.

7(2) He or she has received a bachelor's degree in social
8work from an accredited school of social work or social
9welfare and has three years' experience under the supervision
10of a social worker who has graduated with a master's degree
11from an accredited school of social work or social welfare.

12(3) He or she offers proof of current enrollment in a
13master's degree program at an accredited school of social
14work or social welfare.

15(4) He or she passed an examination duly adopted by the
16board.

17(5) His or her application has been accompanied by the
18application fee.

19(6) He or she has not been convicted of a felony under
20The Controlled Substance, Drug, Device and Cosmetic Act, or
21of an offense under the laws of another jurisdiction, which,
22if committed in this Commonwealth, would be a felony under
23The Controlled Substance, Drug, Device and Cosmetic Act,
24unless:

25(i) at least ten years have elapsed from the date of
26conviction;

27(ii) the applicant satisfactorily demonstrates to
28the board that he or she has made significant progress in
29personal rehabilitation since the conviction, such that
30licensure of the applicant should not be expected to

1create a substantial risk of harm to the health and
2safety of his or her clients or the public or a
3substantial risk of further criminal violations; and

4(iii) the applicant otherwise satisfies the
5qualifications contained in or authorized by this act.

6As used in this paragraph, the term "convicted" shall include 
7a judgment, an admission of guilt or a plea of nolo 
8contendere.]

<-9[(c) Limitation on provisional social work licenses.--No
10applicant may be issued more than three provisional licenses.]

11(c.1) Limitations on bachelor social work license.--Licensed
12bachelor social workers are not qualified to diagnose mental
13illness, nor provide psychotherapy services, as described in 55
14Pa. Code § 1153.52 (relating to payment conditions for various
15services). A licensed bachelor social worker must work under the
16direction of an individual who is able to supervise and direct
17the activities of the licensed bachelor social worker. Licensed
18bachelor social workers may not practice in a private setting,
19practice independently or engage in clinical social work
20practice or hold themselves out as licensed social workers or
21licensed clinical social workers. Bachelor social workers are
22not permitted to bill a health insurance plan for services
23rendered under this license.

24* * *

25(g)  Bachelor social work license.--An applicant shall be
26qualified for a license to hold oneself out as a licensed
27bachelor social worker if the applicant submits proof
28satisfactory to the board that:

29(1)  <-He or she The applicant is of good moral character.

30(2)  <-He or she The applicant has received a bachelor's

1degree from an accredited <-school program of social work or
2social welfare.

3(3)  <-He or she The applicant has passed an examination 
4duly adopted by the board.

5(4)  <-His or her application has been The applicant has 
6submitted an application accompanied by the application fee.

7(5)  <-He or she The applicant has not been convicted of a
8felony under The Controlled Substance, Drug, Device and
9Cosmetic Act, or of an offense under the laws of another
10jurisdiction, which, if committed in this Commonwealth, would
11be a felony under The Controlled Substance, Drug, Device and
12Cosmetic Act, unless:

13(i)  at least ten years have elapsed from the date of
14conviction;

15(ii)  the applicant satisfactorily demonstrates to
16the board that the applicant has made significant
17progress in personal rehabilitation since the conviction,
18such that licensure of the applicant should not
19be expected to create a substantial risk of harm to
20the health and safety of the applicant's clients or the
21public or a substantial risk of further
22criminal violations; and

23(iii)  the applicant otherwise satisfies the
24qualifications contained in or authorized by this act.

25As used in this paragraph, the term "convicted" shall include
26a judgment, an admission of guilt or a plea of nolo
27contendere.

28Section 4.  Sections 8(b), 10 and 12 of the act, amended
29December 21, 1998 (P.L.1017, No.136), are amended to read:

30Section 8. Procedures for licensing.

1* * *

2(b) Issuance of license.--The board shall issue to each
3person who meets the licensure requirements of this act a
4certificate setting forth that such person is licensed to hold
5himself or herself out as a licensed bachelor social worker, a
6licensed social worker, [a provisional social worker,] a
7licensed clinical social worker, a licensed marriage and family
8therapist or a licensed professional counselor.

9Section 10. Reciprocity.

10The board shall have the power to grant a reciprocal license
11to an applicant who is licensed or certified as a bachelor 
12social worker, social worker, clinical social worker, marriage
13and family therapist or professional counselor in another state
14and has demonstrated qualifications which equal or exceed those
15required pursuant to this act in the determination of the board,
16provided that no license shall be granted under this section to
17an applicant unless the state in which the applicant is licensed
18affords reciprocal treatment to persons who are residents of
19this Commonwealth and who are licensed pursuant to this act.

20Section 12. Reinstatement of license.

21Unless ordered to do so by Commonwealth Court or an appeal
22therefrom, the board shall not reinstate the license of a person
23to practice as a bachelor social worker, social worker, clinical
24social worker, marriage and family therapist or professional
25counselor pursuant to this act, which has been revoked. Any
26person whose license has been revoked may apply for
27reinstatement, after a period of at least five years, but must
28meet all of the licensing qualifications of this act, including
29the examination requirement, if he or she desires to practice as
30a bachelor social worker, social worker, clinical social worker,

1marriage and family therapist or professional counselor pursuant
2to this act at any time after such revocation.

3Section 5. The act is amended by adding a section to read:

4Section 16.4. Restrictions on use of title "Licensed Bachelor
5Social Worker."

6Only individuals who have received licenses as licensed
7bachelor social workers under this act may style themselves as
8licensed bachelor social workers and use the letters "L.B.S.W."
9in connection with their names, and it shall be unlawful for an
10individual to style himself or herself as a licensed bachelor
11social worker or use any words or symbols indicating or
12tending to indicate that the individual is a licensed bachelor
13social worker without holding a license in good standing under
14this act.

15Section 6.  Section 17(b) of the act is amended to read:

16Section 17. Penalties.

17* * *

18(b) Civil penalty.--In addition to any other civil remedy or
19criminal penalty provided for in this act, the board, by a vote
20of the majority of the maximum number of the authorized
21membership of the board as provided by law, or by a vote of the
22majority of the duly qualified and confirmed membership or a
23minimum of three members, whichever is greater, may levy a civil
24penalty of up to $1,000 on any current licensee who violates any
25provision of this act or on any person who holds himself or
26herself out as a licensed bachelor social worker, licensed
27social worker, licensed clinical social worker, licensed 
28marriage and family therapist or licensed professional counselor
29without being so licensed pursuant to this act. The board shall
30levy this penalty only after affording the accused party the

1opportunity for a hearing, as provided in Title 2 of the
2Pennsylvania Consolidated Statutes (relating to administrative
3law and procedure).

4* * *

5Section 7. Sections 18(b) <-and (c) and 20(a) of the act,
6amended December 21, 1998 (P.L.1017, No.136), are amended to
7read:

8Section 18. License renewal; records and fees.

9* * *

10(b) Records.--A record of all persons licensed to practice
11as bachelor social workers, social workers, clinical social
12workers, marriage and family therapists and professional
13counselors in Pennsylvania shall be kept in the office of the
14board and shall be open to public inspection and copying upon
15payment of a nominal fee for copying the record.

<-16(c) Fees.--

17(1) All fees required pursuant to this act shall be
18fixed by the board by regulation and shall be subject to the
19act of June 25, 1982 (P.L.633, No.181), known as the
20Regulatory Review Act. If the revenues raised by fees, fines
21and civil penalties imposed pursuant to this act are not
22sufficient to meet expenditures over a two-year period, the
23board shall increase those fees by regulation so that the
24projected revenues will meet or exceed projected
25expenditures.

26(2) If the Bureau of Professional and Occupational
27Affairs determines that the fees established by the board
28pursuant to paragraph (1) are inadequate to meet the minimum
29enforcement efforts required by this act, then the bureau,
30after consultation with the board and subject to the

1Regulatory Review Act, shall increase the fees by regulation
2in an amount so that adequate revenues are raised to meet the
3required enforcement effort.

4(3)  The application fee to apply for a bachelor
5social work license shall be $40 with a renewal fee of $75.
6Fees specific to the bachelor social work license shall be
7fixed by the board in regulation and shall be subject to the
8Regulatory Review Act.

<-9* * *

10Section 20. Unlawful practice.

11(a) Unlawful practice prohibited.--It shall be unlawful for
12any person to hold himself or herself out as a licensed bachelor 
13social worker, licensed social worker, licensed clinical social
14worker, marriage and family therapist and professional counselor
15without possessing a valid, unexpired, unrevoked and unsuspended
16license issued under this act.

17* * *

18Section 8. The State Board of Social Workers, Marriage and
19Family Therapists and Professional Counselors shall add licensed
20bachelor social workers to the licensees who must comply with
21regulations governing codes of ethical practice and standards of
22conduct.

23Section 9.  The State Board of Social Workers, Marriage and
24Family Therapists and Professional Counselors shall promulgate
25regulations to carry out this act within 180 days of the
26effective date of this section.

27Section 10. This act shall take effect in 60 days.