PRINTER'S NO. 1838
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1564
Session of
2023
INTRODUCED BY CERRATO, HANBIDGE, SCHLOSSBERG, T. DAVIS, SIEGEL,
MADDEN, HOWARD, SANCHEZ, GUENST AND CEPEDA-FREYTIZ,
JULY 11, 2023
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JULY 11, 2023
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 license required, for State
Board of Social Workers, Marriage and Family Therapists and
Professional Counselors, for powers and functions of board,
for qualifications for license, for procedures for licensing,
for reciprocity and for reinstatement of license; providing
for restrictions on use of title "Licensed Associate Marriage
and Family Therapist"; and further providing for penalties,
for license renewal and records and fees and for unlawful
practice.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. 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, is amended by adding
definitions 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:
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"Licensed associate marriage and family therapist." An
individual licensed as an associate marriage and family
therapist under this act who is obtaining experience under
professional direct supervision for the purpose of becoming
licensed as a marriage and family therapist.
* * *
"Practice of associate marriage and family therapy." The
professional application of psychotherapeutic and family systems
theories and techniques to the evaluation, assessment, diagnosis
and treatment of mental and emotional disorders, whether
cognitive, affective or behavioral, while under direct clinical
supervision of a licensed supervisor approved by the American
Association of Marriage and Family Therapy. 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 and families.
* * *
Section 2. Sections 4, 5(l) and 6(2) and (3) of the act are
amended to read:
Section 4. License required.
It shall be unlawful for any person to hold himself or
herself forth as a licensed bachelor social worker, licensed
social worker, licensed clinical social worker, licensed
associate marriage and family therapist, 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 Workers, Marriage and Family
Therapists and Professional Counselors.
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(l) Operating procedures.--The board shall meet within 30
days after the appointment of its new members and set up
operating procedures and develop application forms for licensing
clinical social workers, associate marriage and family
therapists, 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 bachelor
social worker, licensed social worker, licensed clinical social
worker, licensed associate marriage and family therapist,
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:
* * *
(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 bachelor social workers, licensed
social workers, licensed clinical social workers, licensed
associate marriage and family therapists, licensed marriage
and family therapists and licensed professional counselors in
Pennsylvania.
(3) To examine for, deny, approve, issue, revoke,
suspend or renew licenses of bachelor social workers, social
workers, clinical social workers, associate marriage and
family therapists, marriage and family therapists and
professional counselors pursuant to this act and to conduct
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hearings in connection therewith.
* * *
Section 3. Section 7 of the act is amended by adding
subsections to read:
Section 7. Qualifications for license.
* * *
(e.1) Associate marriage and family therapist license.--An
applicant shall be qualified for a license to hold oneself out
as a licensed associate marriage and family therapist if the
applicant submits:
(1) Proof that the applicant is at least 21 years of
age.
(2) Proof that the applicant is of good moral character.
(3) Proof that the applicant has satisfied the
educational requirements under subsection (e)(2).
(4) A clinical marriage and family therapy plan of
supervision, which shall include a detailed job description
and the location or locations where client contact and
supervision will occur.
(5) The supervisor's resume or curriculum vitae, which
shall document that the supervisor has no less than five
full-time years of professional marriage and family therapy
practice experience or the equivalent and holds a current and
active license to practice as a marriage and family
therapist.
(6) An application accompanied by the application fee.
(7) Proof that 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
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be a felony under The Controlled Substance, Drug, Device and
Cosmetic Act, unless:
(i) at least 10 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, an admission of guilt or a plea of
nolo contendere.
(e.2) Expiration of associate marriage and family therapist
license.--An associate marriage and family therapist license
shall expire six years after issuance and shall permanently
expire 30 days after completion of the required clinical
supervised hours under subsection (e)(2). The board may renew an
associate marriage and family therapist license for no more than
two years under extenuating circumstances or for good cause
shown.
(e.3) Limitations on associate marriage and family therapist
license.--A licensed associate marriage and family therapist
shall work under the supervision of a licensed marriage and
family therapist who holds a clinical supervisor license to
supervise and direct the activities of the licensed associate
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marriage and family therapist. Licensed associate marriage and
family therapists may not practice in a private setting without
the direct supervision of a licensed marriage and family
therapist clinical supervisor. Nothing in this section shall be
construed to prohibit a licensed associate marriage and family
therapist to take the National Association of Marriage and
Family Therapy Regulatory Boards Exam during the time between
graduation and completing the required clinical supervised hours
under subsection (e)(2) in order to meet licensure requirements.
* * *
Section 4. Sections 8(b), 10(a) and 12 of the act are
amended to read:
Section 8. Procedures for licensing.
* * *
(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 bachelor social worker, a
licensed social worker, a licensed clinical social worker, a
licensed associate marriage and family therapist, a licensed
marriage and family therapist or a licensed professional
counselor.
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, associate marriage and family therapist, 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,
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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 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 bachelor social worker, social worker, clinical
social worker, associate marriage and family therapist, 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 bachelor social worker, social worker,
clinical social worker, marriage and family therapist or
professional counselor pursuant to this act at any time after
such revocation.
Section 5. The act is amended by adding a section to read:
Section 16.5. Restrictions on use of title "Licensed Associate
Marriage and Family Therapist."
Only individuals who have received licenses as licensed
associate marriage and family therapists under this act may
style themselves as licensed associate marriage and family
therapists and use the letters "L.A.M.F.T." in connection with
their names, and it shall be unlawful for an individual to style
himself or herself as a licensed associate marriage and family
therapist or use any words or symbols indicating or tending to
indicate that the individual is a licensed associate marriage
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and family therapist without holding a license in good standing
under this act.
Section 6. Sections 17(b), 18(b) and 20(a) of the act are
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, the independent
practice of marriage and family therapy or the independent
practice of professional counseling 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
associate marriage and family therapist 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 18. License renewal; records and fees.
* * *
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(b) Records.--A record of all persons licensed to practice
as bachelor social workers, social workers, clinical social
workers, associate marriage and family therapists, 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.
* * *
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, the independent practice of marriage and family
therapy or the independent practice of professional counseling
or hold himself or herself out as a licensed bachelor social
worker, licensed social worker, licensed clinical social worker,
licensed associate marriage and family therapist, marriage and
family therapist and professional counselor without possessing a
valid, unexpired, unrevoked and unsuspended license issued under
this act.
* * *
Section 7. This act shall take effect in 60 days.
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