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 license required, for the
5licensing agency and its functions, for powers and functions
6of board, for qualifications for license, for procedures for
7licensing, for reciprocity and for reinstatement of license;
8providing for nomenclature; and further providing for 
9penalties, for license renewal and records and fees and for 
10unlawful practice.

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

1have the meanings given to them in this section unless the
2context clearly indicates otherwise:

3* * *

4"Licensed bachelor social worker." A social worker who holds
5a current bachelor's level license under this act.

6* * *

7"Practice of bachelor social work." The professional 
8application of social work theory, knowledge, methods, 
9principles, values and ethics to restore or enhance social or 
10psychosocial functioning of individuals, couples, families, 
11groups, organizations and communities. This practice is basic 
12generalist nonclinical practice that includes interviewing, 
13planning, intervention, case management, mediation, supportive 
14counseling, information and referral, problem solving, client 
15education, advocacy, community organization and the development, 
16implementation and administration of policies, programs and 
17activities.

18* * *

19["Provisional licensed social worker." A social worker who
20holds a current provisional license under this act.]

21* * *

22Section 2. Sections <-4, 5(l) and 6(2) and (3) of the act,
23amended December 21, 1998 (P.L.1017, No.136), are amended to
24read:

<-25Section 4. License required.

26It shall be unlawful for any person to hold himself or
27herself forth as a licensed bachelor social worker, licensed
28social worker, licensed clinical social worker, licensed
29marriage and family therapist or licensed professional counselor
30unless he or she shall first have obtained a license pursuant to

1this act.

2Section 5. State Board of Social Workers, Marriage and Family
3Therapists and Professional Counselors.

4* * *

5(l) Operating procedures.--The board shall meet within 30
6days after the appointment of its new members and set up
7operating procedures and develop application forms for licensing
8clinical social workers, marriage and family therapists and
9professional counselors. It shall be the responsibility of the
10board to circulate these forms and educate the public to the
11requirements of licensing in order to hold oneself out as a
12licensed bachelor social worker, licensed social worker,
13licensed clinical social worker, licensed marriage and family
14therapist or licensed professional counselor within the
15Commonwealth.

16Section 6. Powers and functions of board.

17The board shall have the following powers:

18* * *

19(2) To adopt and, from time to time, revise such rules
20and regulations as may be necessary to carry into effect the
21provisions of this act. Such regulations may include, but
22shall not be limited to, standards of professional practice
23and conduct for licensed bachelor social workers, licensed
24social workers, licensed clinical social workers, licensed
25marriage and family therapists and licensed professional
26counselors in Pennsylvania.

27(3) To examine for, deny, approve, issue, revoke,
28suspend or renew licenses of bachelor social workers, social
29workers, clinical social workers, marriage and family
30therapists and professional counselors pursuant to this act

1and to conduct hearings in connection therewith.

2* * *

3Section 3. Section 7(b) and (c) of the act, amended December 
421, 1998 (P.L.1017, No.136), are amended and the section is 
5amended by adding subsections to read:

6Section 7. Qualifications for license.

7* * *

8[(b) Provisional social work license.--An applicant shall be
9qualified for a provisional license to hold oneself out as a
10social worker with a provisional license, provided he or she
11submits proof satisfactory to the board that:

12(1) He or she is of good moral character.

13(2) He or she has received a bachelor's degree in social
14work from an accredited school of social work or social
15welfare and has three years' experience under the supervision
16of a social worker who has graduated with a master's degree
17from an accredited school of social work or social welfare.

18(3) He or she offers proof of current enrollment in a
19master's degree program at an accredited school of social
20work or social welfare.

21(4) He or she passed an examination duly adopted by the
22board.

23(5) His or her application has been accompanied by the
24application fee.

25(6) He or she has not been convicted of a felony under
26The Controlled Substance, Drug, Device and Cosmetic Act, or
27of an offense under the laws of another jurisdiction, which,
28if committed in this Commonwealth, would be a felony under
29The Controlled Substance, Drug, Device and Cosmetic Act,
30unless:

1(i) at least ten years have elapsed from the date of
2conviction;

3(ii) the applicant satisfactorily demonstrates to
4the board that he or she has made significant progress in
5personal rehabilitation since the conviction, such that
6licensure of the applicant should not be expected to
7create a substantial risk of harm to the health and
8safety of his or her clients or the public or a
9substantial risk of further criminal violations; and

10(iii) the applicant otherwise satisfies the
11qualifications contained in or authorized by this act.

12As used in this paragraph, the term "convicted" shall include 
13a judgment, an admission of guilt or a plea of nolo 
14contendere.]

15[(c) Limitation on provisional social work licenses.--No
16applicant may be issued more than three provisional licenses.]

17(c.1) Limitations on bachelor social work license.--Licensed
18bachelor social workers are not qualified to diagnose mental
19illness, nor provide psychotherapy services, as described in 55
20Pa. Code § 1153.52 (relating to payment conditions for various
21services). A licensed bachelor social worker must work under the
22direction of an individual who is able to supervise and direct
23the activities of the licensed bachelor social worker. Licensed
24bachelor social workers may not practice in a private setting,
25practice independently or engage in clinical social work
26practice or hold themselves out as licensed social workers or
27licensed clinical social workers. Bachelor social workers are
28not permitted to bill a health insurance plan for services
29rendered under this license.

30* * *

1(g)  Bachelor social work license.--An applicant shall be
2qualified for a license to hold oneself out as a licensed
3bachelor social worker if the applicant submits proof
4satisfactory to the board that:

5(1)  The applicant is of good moral character.

6(2)  The applicant has received a bachelor's degree from
7an accredited program of social work or social welfare.

8(3)  The applicant has passed an examination duly adopted 
9by the board.

10(4)  The applicant has submitted an application 
11accompanied by the application fee.

12(5)  The applicant has not been convicted of a felony
13under The Controlled Substance, Drug, Device and Cosmetic
14Act, or of an offense under the laws of another jurisdiction,
15which, if committed in this Commonwealth, would be a felony
16under The Controlled Substance, Drug, Device and Cosmetic
17Act, unless:

18(i)  at least ten years have elapsed from the date of
19conviction;

20(ii)  the applicant satisfactorily demonstrates to
21the board that the applicant has made significant
22progress in personal rehabilitation since the conviction,
23such that licensure of the applicant should not
24be expected to create a substantial risk of harm to
25the health and safety of the applicant's clients or the
26public or a substantial risk of further
27criminal violations; and

28(iii)  the applicant otherwise satisfies the
29qualifications contained in or authorized by this act.

30As used in this paragraph, the term "convicted" shall include

1a judgment, an admission of guilt or a plea of nolo
2contendere.

3Section 4.  Sections 8(b), 10 and 12 of the act, amended
4December 21, 1998 (P.L.1017, No.136), are amended to read:

5Section 8. Procedures for licensing.

6* * *

7(b) Issuance of license.--The board shall issue to each
8person who meets the licensure requirements of this act a
9certificate setting forth that such person is licensed to hold
10himself or herself out as a licensed bachelor social worker, a
11licensed social worker, [a provisional social worker,] a
12licensed clinical social worker, a licensed marriage and family
13therapist or a licensed professional counselor.

14Section 10. Reciprocity.

15The board shall have the power to grant a reciprocal license
16to an applicant who is licensed or certified as a bachelor 
17social worker, social worker, clinical social worker, marriage
18and family therapist or professional counselor in another state
19and has demonstrated qualifications which equal or exceed those
20required pursuant to this act in the determination of the board,
21provided that no license shall be granted under this section to
22an applicant unless the state in which the applicant is licensed
23affords reciprocal treatment to persons who are residents of
24this Commonwealth and who are licensed pursuant to this act.

25Section 12. Reinstatement of license.

26Unless ordered to do so by Commonwealth Court or an appeal
27therefrom, the board shall not reinstate the license of a person
28to practice as a bachelor social worker, social worker, clinical
29social worker, marriage and family therapist or professional
30counselor pursuant to this act, which has been revoked. Any

1person whose license has been revoked may apply for
2reinstatement, after a period of at least five years, but must
3meet all of the licensing qualifications of this act, including
4the examination requirement, if he or she desires to practice as
5a bachelor social worker, social worker, clinical social worker,
6marriage and family therapist or professional counselor pursuant
7to this act at any time after such revocation.

8Section 5. The act is amended by adding a section to read:

9Section 16.4.  Restrictions on use of title "Licensed Bachelor
10Social Worker."

11Only individuals who have received licenses as licensed
12bachelor social workers under this act may style themselves as
13licensed bachelor social workers and use the letters "L.B.S.W."
14in connection with their names, and it shall be unlawful for an
15individual to style himself or herself as a licensed bachelor
16social worker or use any words or symbols indicating or
17tending to indicate that the individual is a licensed bachelor
18social worker without holding a license in good standing under
19this act.

20Section 6.  Section 17(b) of the act is amended to read:

21Section 17. Penalties.

22* * *

23(b) Civil penalty.--In addition to any other civil remedy or
24criminal penalty provided for in this act, the board, by a vote
25of the majority of the maximum number of the authorized
26membership of the board as provided by law, or by a vote of the
27majority of the duly qualified and confirmed membership or a
28minimum of three members, whichever is greater, may levy a civil
29penalty of up to $1,000 on any current licensee who violates any
30provision of this act or on any person who holds himself or

1herself out as a licensed bachelor social worker, licensed
2social worker, licensed clinical social worker, licensed 
3marriage and family therapist or licensed professional counselor
4without being so licensed pursuant to this act. The board shall
5levy this penalty only after affording the accused party the
6opportunity for a hearing, as provided in Title 2 of the
7Pennsylvania Consolidated Statutes (relating to administrative
8law and procedure).

9* * *

10Section 7. Sections 18(b) and 20(a) of the act, amended
11December 21, 1998 (P.L.1017, No.136), are amended to read:

12Section 18. License renewal; records and fees.

13* * *

14(b) Records.--A record of all persons licensed to practice
15as bachelor social workers, social workers, clinical social
16workers, marriage and family therapists and professional
17counselors in Pennsylvania shall be kept in the office of the
18board and shall be open to public inspection and copying upon
19payment of a nominal fee for copying the record.

20* * *

21Section 20. Unlawful practice.

22(a) Unlawful practice prohibited.--It shall be unlawful for
23any person to hold himself or herself out as a licensed bachelor 
24social worker, licensed social worker, licensed clinical social
25worker, marriage and family therapist and professional counselor
26without possessing a valid, unexpired, unrevoked and unsuspended
27license issued under this act.

28* * *

29Section 8. The State Board of Social Workers, Marriage and
30Family Therapists and Professional Counselors shall add licensed

1bachelor social workers to the licensees who must comply with
2regulations governing codes of ethical practice and standards of
3conduct.

4Section 9.  The State Board of Social Workers, Marriage and
5Family Therapists and Professional Counselors shall promulgate
6regulations to carry out this act within 180 days of the
7effective date of this section.

8Section 10. This act shall take effect in 60 days.