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PRINTER'S NO. 572
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
531
Session of
2017
INTRODUCED BY AUMENT, SCAVELLO, RAFFERTY, BLAKE, KILLION AND
LEACH, MARCH 24, 2017
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MARCH 24, 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 qualifications for license,
for reciprocity, for penalties and for unlawful practice and
repealing provisions relating to appropriation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "practice of marriage and
family therapy" in 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
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:
* * *
"Client." A person with whom a licensee has established a
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formal provider-client relationship and to whom the licensee is
providing, or has provided, professional services under this
act.
* * *
"Diagnosis." The term includes:
(1) A marriage and family therapist assessment.
(2) The utilization of currently accepted diagnostic
classifications by a marriage and family therapist,
including, but not limited to, the American Psychiatric
Association's Diagnostic and Statistical Manual of Mental
Disorders, but only to the extent of the marriage and family
therapist's education, training, experience and scope of
practice as established under this act.
"Independent practice of marriage and family therapy." The
application of marriage and family therapy knowledge and skills
by an individual:
(1) Who regulates and is responsible for the
individual's own practice and treatment procedures.
(2) Whose practice is not affiliated with any other
practice, health care facility, government agency or
government-regulated social service agency.
* * *
"Marriage and family therapist assessment." The professional
application of psychotherapeutic and family systems theories and
techniques to evaluate and identify psychosocial and behavioral
problems in the context of significant interpersonal
relationships between individuals, couples, families and groups
for the purpose of treatment. The term includes, but is not
limited to, a mental health examination and psychological
history.
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* * *
"Practice of 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. 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, families and
groups for the purpose of treating such disorders.
* * *
Section 2. Sections 7(e)(3)(i) and 10 of the act are amended
to read:
Section 7. Qualifications for license.
* * *
(e) Marriage and family therapist license.--An applicant
shall be qualified to hold oneself out as a licensed marriage
and family therapist if the applicant submits proof satisfactory
to the board that all of the following apply:
* * *
(3) The applicant has complied with the experience
requirement as follows:
(i) An individual meeting the educational
requirements of paragraph (2)(i) or (ii) must have
completed at least 3,000 hours of supervised clinical
experience, acceptable to the board as determined by
regulation, [obtained after the completion of 48 semester
hours or 72 quarter hours of graduate coursework]
subsequent to the granting of a master's degree.
* * *
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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 permit
an individual who is licensed or certified as a marriage and
family therapist 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 3. 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 $10,000 on any current licensee who violates
any provision of this act, on any person who engages in the
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independent practice of marriage and family therapy without
being licensed under 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 4. Section 20(a) of the act is amended to read:
Section 20. Unlawful practice.
(a) Unlawful practice prohibited.--It shall be unlawful for
any person to engage in the independent practice of marriage and
family therapy 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 5. 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
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granted shall be repaid by the board within three years of the
beginning of issuance of licenses by the board.]
Section 6. This act shall take effect in 120 days.
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