PRINTER'S NO. 1797
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1438
Session of
2017
INTRODUCED BY PASHINSKI, MURT, TOPPER, THOMAS, V. BROWN,
KAVULICH, McNEILL, DONATUCCI, D. COSTA, CALTAGIRONE, KORTZ,
NEILSON, MATZIE, RABB, DRISCOLL, CHRISTIANA, FABRIZIO,
ROEBUCK, McCARTER, BRIGGS, HARKINS, BOBACK, VAZQUEZ,
SCHLOSSBERG, CONKLIN AND MARSICO, MAY 22, 2017
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MAY 22, 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," licensing
and regulating the practice of music therapy.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title and sections 1 and 2 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:
AN ACT
Licensing and regulating the practice of social work, marriage
and family therapy, professional counseling and professional
music therapy; providing penalties; and making an
appropriation.
Section 1. Short title.
This act shall be known and may be cited as the Social
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Workers, Marriage and Family Therapists [and], Professional
Counselors and Professional Music Therapists Act.
Section 2. Legislative intent.
The practice of social work, marriage and family therapy
[and], professional counseling and licensed professional music
therapy within this Commonwealth is hereby declared to affect
the public safety and welfare and to be subject to regulation
and control in the public interest to protect the public from
unprofessional, improper, unauthorized and unqualified practice
of licensed social work, licensed marriage and family therapy
[and], licensed professional counseling and licensed
professional music therapy. This act regulates only those who
hold themselves out as licensed social workers, licensed
clinical social workers, licensed marriage and family therapists
[or as], licensed professional counselors or as licensed
professional music therapists. Acquisition of a license under
this act shall not be made a condition of the employment of a
person by the Commonwealth or any of its political subdivisions
or by nonprofit agencies.
Section 2. The definition of "board" in section 3 of the act
is amended and the section 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:
* * *
"Board." The State Board of Social Workers, Marriage and
Family Therapists [and], Professional Counselors and
Professional Music Therapists under the Bureau of Professional
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and Occupational Affairs within the Department of State.
* * *
"Licensed professional music therapist." An individual who
engages in the practice of music therapy and who holds a current
license under this act.
* * *
"Practice of music therapy." As follows:
(1) The clinical and evidence-based use of music
interventions to accomplish individualized goals within a
therapeutic relationship through an individualized music
therapy treatment plan for a client or group of clients which
identifies the goals, objectives and potential strategies of
the music therapy services appropriate for the client or
group of clients using music therapy interventions,
including, but not limited to, music improvisation, receptive
music listening, song writing, lyric discussion, music and
imagery, music performance, learning through music and
movement to music.
(2) The term includes:
(i) Accepting referrals for music therapy services
from medical, developmental, mental health or education
professionals, family members, clients or caregivers,
provided that prior to providing music therapy services
to a client for a medical, developmental or mental health
condition, the licensed professional therapist
collaborates, as applicable, with the client's physician,
psychologist or mental health professional to review the
client's diagnosis, treatment needs and treatment plan
and, during the provision of music therapy services to a
client, the licensee collaborates, as applicable, with
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the client's treatment team.
(ii) Conducting a music therapy assessment of a
client to collect systematic, comprehensive and accurate
information necessary to determine the appropriate type
of music therapy services to provide for the client.
(iii) Developing an individualized music therapy
treatment plan for a client.
(iv) Carrying out an individualized music therapy
treatment plan that is consistent with any other medical,
developmental, mental health or educational services
being provided to a client.
(v) Evaluating a client's response to music therapy
and the individualized music therapy treatment plan and
suggesting modifications, as appropriate.
(vi) Developing a plan for determining when the
provision of music therapy services is no longer needed
in collaboration with a client, a physician or other
provider of health care or education of a client, an
appropriate member of the family of a client and any
other appropriate person upon whom a client relies for
support.
(vii) Minimizing any barriers so that a client may
receive music therapy services in the least restrictive
environment.
(viii) Collaborating with and educating a client and
the family or caregiver of the client or any other
appropriate person about the needs of the client that are
being addressed in music therapy and the manner in which
the music therapy addresses those needs.
(3) The term does not include the following:
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(i) T he diagnosis of any physical, mental or
communication disorder.
(ii) A person licensed, certified or regulated under
the laws of this Commonwealth in another profession or
occupation, or personnel supervised by a licensed
professional in this Commonwealth performing work,
including the use of music, incidental to the practice of
the person's licensed, certified or regulated profession
or occupation, if the person does not represent himself
or herself as a licensed professional music therapist.
(iii) A person whose training and national
certification attests to the person's preparation and
ability to practice his or her certified profession or
occupation, if the person does not represent himself or
herself as a licensed professional music therapist.
(iv) The practice of music therapy as an integral
part of a program of study for a student enrolled in an
accredited music therapy program, if the student does not
represent himself or herself as a licensed professional
music therapist.
(v) A person who practices music therapy under the
supervision of a licensed professional music therapist,
if the person does not represent himself or herself as a
licensed professional music therapist.
* * *
Section 3. Section 4 of the act is 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
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marriage and family therapist [or], licensed professional
counselor or licensed professional music therapist unless he or
she shall first have obtained a license pursuant to this act.
Section 4. Section 5 heading, (a), (c) and (l) of the act,
amended June 23, 2016 (P.L.387, No.54), are amended to read:
Section 5. State Board of Social Workers, Marriage and Family
Therapists [and], Professional Counselors and
Professional Music Therapists.
(a) Creation.--There is hereby created the State Board of
Social Workers, Marriage and Family Therapists [and],
Professional Counselors and Professional Music Therapists, a
departmental administrative board in the Department of State.
The board shall consist of [13] 15 members who are citizens of
the United States and who have been residents of this
Commonwealth for a two-year period, two of whom shall be public
members; five of whom shall be licensed social workers, at least
one of whom shall be a licensed clinical social worker and at
least one of whom shall be a licensed social worker; two of whom
shall be licensed marriage and family therapists; two of whom
shall be licensed professional counselors; one of whom shall be
either a licensed marriage and family therapist or a licensed
professional counselor as hereafter provided; two of whom shall
be licensed professional music therapists with a master's degree
in music therapy; and one of whom shall be the Commissioner of
Professional and Occupational Affairs.
* * *
(c) Initial appointments.--Within 90 days of the effective
date of this act, the Governor shall nominate one professional
member to serve as a clinical social worker member of the board;
three professional members to serve as professional counselor
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members of the board, one of whom shall serve a two-year term,
one of whom shall serve a three-year term and one of whom shall
serve a four-year term; two professional members to serve as the
marriage and family therapist members of the board, one of whom
shall serve a two-year term and one of whom shall serve a four-
year term[.]; and two professional members to serve as the
licensed professional music therapist members of the board, one
of whom shall serve a two-year term and one of whom shall serve
a four-year term. The professional members of the board
initially appointed pursuant to this subsection need not be
licensed by the licensure examination adopted by the board but,
at the time of appointment, must have satisfied the education
and experience requirements of this act for licensure as a
clinical social worker, a marriage and family therapist [or], a
professional counselor or a licensed professional music
therapist.
* * *
(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, marriage and family therapists [and],
professional counselors and licensed professional music
therapists. 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 marriage and family therapist [or], licensed
professional counselor or licensed professional music therapist
within the Commonwealth.
Section 5. Section 6(2) and (3) of the act are amended to
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read:
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
marriage and family therapists [and], licensed professional
counselors and licensed professional music therapists in
Pennsylvania.
(3) To examine for, deny, approve, issue, revoke,
suspend or renew licenses of bachelor social workers, social
workers, clinical social workers, marriage and family
therapists [and], professional counselors and professional
music therapists pursuant to this act and to conduct hearings
in connection therewith.
* * *
Section 6. Section 7 of the act is amended by adding a
subsection to read:
Section 7. Qualifications for license.
* * *
(h) Professional music therapist license.--An applicant
shall be qualified for a license to hold oneself out as a
licensed professional music therapist, provided the applicant
submits proof satisfactory to the board that:
(1) The applicant is of good moral character.
(2) The applicant has completed the education and
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clinical training requirements established by the American
Music Therapy Association or any successor organization.
(3) The applicant provides proof of passing the
examination for board certification offered by the
Certification Board for Music Therapists or any successor
organization or of any organization transitioned into board
certification and provides proof that the applicant is
currently a board certified music therapist.
(4) The applicant remains actively certified by the
Certification Board for Music Therapists.
(5) The applicant has submitted an application
accompanied by the application fee.
(6) The board or any director shall waive the
examination requirements for an applicant until January 1,
2020, who is designated as a registered music therapist,
certified music therapist or advanced certified music
therapist and in good standing with the national music
therapy registry.
(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
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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, an admission of guilt or a plea of nolo
contendere.
Section 7. Sections 8(b) and 10 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 marriage and family therapist [or], a licensed
professional counselor or a licensed professional music
therapist.
Section 10. Reciprocity.
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 or licensed
professional music therapist 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
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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 8. Section 10.1 of the act is amended by adding a
subsection to read:
Section 10.1. Endorsement of out-of-State licenses.
* * *
(d) Professional music therapist license.--The board may
issue a professional music therapist license without examination
to an applicant holding a professional music 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(h).
(3) The applicant has completed a minimum of 1,200 hours
of supervised clinical experience acceptable to the board.
(4) The applicant holds a music therapy license that is
in good standing from another state.
(5) The applicant has, at a minimum, been actively
engaged in the practice of music 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
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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, an admission of guilt or a plea of nolo
contendere.
Section 9. Section 12 of act is amended to read:
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, marriage and family therapist [or], professional
counselor or professional music therapist 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 or professional music therapist pursuant
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to this act at any time after such revocation.
Section 10. The act is amended by adding a section to read:
Section 16.5. Restrictions on use of title "Licensed
P rofessional Music Therapist."
Only individuals who have received licenses as licensed
professional music therapists under this act may style
themselves as licensed professional music therapists and use the
letters "L.P.M.T." in connection with their names, and it shall
be unlawful for an individual to style himself or herself as a
licensed professional music therapist, a music therapist, or use
any words or symbols indicating or tending to indicate that the
individual is a licensed professional music therapist or a music
therapist without holding a license in good standing under
this act.
Section 11. Section 17(b) of the 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 $1,000 on any current licensee who violates any
provision of 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 [or], licensed professional
counselor or licensed professional music therapist without being
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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 12. Sections 18(b) and 20(a) of the act are amended
to read:
Section 18. License renewal; records and fees.
* * *
(b) Records.--A record of all persons licensed to practice
as bachelor social workers, social workers, clinical social
workers, marriage and family therapists [and], professional
counselors and licensed professional music therapists 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 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 and licensed professional music therapist without
possessing a valid, unexpired, unrevoked and unsuspended license
issued under this act.
* * *
Section 13. This act shall take effect in 60 days.
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