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PRINTER'S NO. 461
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
445
Session of
2017
INTRODUCED BY MICCARELLI, NEILSON, SCHLOSSBERG, MURT, MILLARD,
ROEBUCK, WATSON, DeLUCA, CAUSER, FRANKEL, KRUEGER-BRANEKY,
CARROLL, CHARLTON AND KAMPF, FEBRUARY 10, 2017
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
FEBRUARY 10, 2017
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 definitions, for reciprocity, for restriction
on the use of title "licensed clinical social worker," for
penalties and for unlawful practice; and repealing provisions
related to appropriation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 3, 10 and 16.1 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, are amended
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:
"Application of social work methods and theory." Includes
psychosocial assessment, crisis intervention, case management,
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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 Workers, Marriage and
Family Therapists and Professional Counselors under the Bureau
of Professional and Occupational Affairs within the Department
of State.
"Client." A person with whom a licensee has established a
formal provider-client relationship and to whom the licensee is
providing, or has provided, professional services.
"Commissioner." The Commissioner of Professional and
Occupational Affairs.
"Diagnosis." The term includes the following:
(1) A clinical social work assessment, defined as the
process of evaluation in which a clinical social worker
conducts a differential, individualized and accurate
identification of the psychosocial/behavioral problems
existing in the life of the individual client, the family or
group for the purpose of establishing a plan to implement a
course of psychotherapeutic counseling. A clinical social
work assessment includes, but is not limited to, a mental
status examination and a psychosocial history.
(2) The utilization by a clinical social worker of
currently accepted diagnostic classifications including, but
not limited to, the American Psychiatric Association's
Diagnostic and Statistical Manual of Mental Disorders, as
amended and supplemented, but only to the extent of the
clinical social worker's education, training, experience and
scope of practice as established by this act.
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"Independent practice of clinical social work." The
application of clinical social work knowledge and skills by an
individual:
(1) who r egulates and is responsible for the
individual's own practice and treatment procedures; and
(2) whose practice is not affiliated with any other
practice, health care facility, government agency or
government-regulated social service agency.
"Licensed bachelor social worker." A social worker who holds
a current bachelor's level license under this act.
"Licensed clinical social worker." [A social worker] An
individual who engages in or advertises to engage in the
practice of clinical social work and 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] An individual
who engages in or advertises to engage in the practice of social
work and who holds a current license under this act.
"Practice of bachelor social work." The professional
application of social work theory, knowledge, methods,
principles, values and ethics to restore or enhance social or
psychosocial functioning of individuals, couples, families,
groups, organizations and communities. This practice is basic
generalist nonclinical practice that includes interviewing,
planning, intervention, case management, mediation, supportive
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counseling, information and referral, problem solving, client
education, advocacy, community organization and the development,
implementation and administration of policies, programs and
activities.
"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, diagnosis 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
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psychotherapeutic services to individuals, couples, families and
groups for the purpose of treating such disorders.
"Practice of professional counseling." Includes, to the
extent compatible with a practitioner's education and
professional competence, 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." 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
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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 10. Reciprocity.
(a) General rule.--The board shall have the power to grant a
reciprocal license to an applicant who is licensed or certified
as a bachelor social worker, 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.
(b) Emergencies.--The board shall have the power to allow an
individual who is licensed or certified as a clinical social
worker in another state to practice in this Commonwealth without
licensure for no more than 60 days as part of a relief effort
related to a state of emergency as declared by the Federal
Government or the Governor.
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
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individual to style oneself as a licensed clinical social
worker, advertise or engage in the independent practice of
clinical social work 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 2. Sections 17(b) of act, amended June 23, 2016
(P.L.387, No.54), is amended to read:
Section 17. Penalties.
* * *
(b) Civil penalty.--In addition to any other civil remedy or
criminal penalty provided for in this act, the board, by a vote
of the majority of the maximum number of the authorized
membership of the board as provided by law, or by a vote of the
majority of the duly qualified and confirmed membership or a
minimum of three members, whichever is greater, may levy a civil
penalty of up to $10,000 on any current licensee who violates
any provision of this act, on any person who engages in the
independent practice of clinical social work without being
licensed pursuant to this act or on any person who holds himself
or herself out as a licensed bachelor social worker, licensed
social worker, licensed clinical social worker, licensed
marriage and family therapist, licensed professional counselor
or marriage and family therapist without being so licensed
pursuant to this act. The board shall levy this penalty only
after affording the accused party the opportunity for a hearing,
as provided in Title 2 of the Pennsylvania Consolidated Statutes
(relating to administrative law and procedure).
* * *
Section 3. Section 20(a) of the act is amended to read:
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Section 20. Unlawful practice.
(a) Unlawful practice prohibited.--It shall be unlawful for
any person to engage in the independent practice of clinical
social work or hold himself or herself out as a licensed
bachelor social worker, 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.
* * *
Section 4. Section 21 of the act is repealed:
[Section 21. Appropriation.
The sum of $85,000, 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
Professional and Occupational Affairs in the Department of State
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.]
Section 5. This act shall take effect in 120 days.
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