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A07724
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
530
Session of
2017
INTRODUCED BY KILLION, BLAKE, ARGALL, AUMENT, BAKER, COSTA,
FARNESE, FONTANA, GORDNER, GREENLEAF, HAYWOOD, LEACH,
McGARRIGLE, RAFFERTY, SABATINA, SCARNATI, TARTAGLIONE,
VULAKOVICH, YUDICHAK AND BOSCOLA, MARCH 24, 2017
AS AMENDED ON SECOND CONSIDERATION, SEPTEMBER 19, 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 restriction on the use of title
"licensed clinical social worker," FOR RESTRICTIONS ON THE
USE OF TITLE "LICENSED PROFESSIONAL COUNSELOR," 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 7(E)(3)(I) AND (F)(3)(I),
10, 16.1 AND 16.3 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, 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
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psychosocial assessment, crisis intervention, case management,
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.
"CLINICAL SOCIAL WORK ASSESSMENT." A PROCESS OF EVALUATION
IN WHICH A CLINICAL SOCIAL WORKER CONDUCTS A DIFFERENTIAL,
INDIVIDUALIZED AND ACCURATE IDENTIFICATION OF THE PSYCHOSOCIAL
AND BEHAVIORAL PROBLEMS EXISTING IN THE LIFE OF AN INDIVIDUAL
CLIENT, FAMILY OR GROUP FOR THE PURPOSE OF ESTABLISHING A PLAN
TO IMPLEMENT A COURSE OF PSYCHOTHERAPEUTIC COUNSELING. THE TERM
INCLUDES, BUT IS NOT LIMITED TO, A MENTAL HEALTH EXAMINATION AND
PSYCHOLOGICAL HISTORY.
"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
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work assessment includes, but is not limited to, a mental
status examination and a psychosocial history. A MARRIAGE AND
FAMILY THERAPIST ASSESSMENT OR A PROFESSIONAL COUNSELOR
ASSESSMENT.
(2) The utilization by a clinical social worker of
currently accepted diagnostic classifications BY A CLINICAL
SOCIAL WORKER, A MARRIAGE AND FAMILY THERAPIST OR A
PROFESSIONAL COUNSELOR, 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 , MARRIAGE
AND FAMILY THERAPIST'S OR PROFESSIONAL COUNSELOR'S education,
training, experience and scope of practice as established by
this act.
"Independent practice of clinical social work." The
application of clinical social work knowledge and skills by an
individual:
(1) who styles oneself as a clinical social worker;
(1) (2) who r egulates and is responsible for his or her
own practice and treatment procedures; and
(2) (3) whose practice is not affiliated with any other
practice, health care facility, government agency or
government-regulated social service agency.
"INDEPENDENT PRACTICE OF MARRIAGE AND FAMILY THERAPY." THE
APPLICATION OF MARRIAGE AND FAMILY THERAPY KNOWLEDGE AND SKILLS
BY AN INDIVIDUAL:
(1) who styles oneself as a marriage and family
therapist;
(1) (2) WHO REGULATES AND IS RESPONSIBLE FOR HIS OR HER
OWN PRACTICE AND TREATMENT PROCEDURES; AND
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(2) (3) WHOSE PRACTICE IS NOT AFFILIATED WITH ANY OTHER
PRACTICE, HEALTH CARE FACILITY, GOVERNMENT AGENCY OR
GOVERNMENT-REGULATED SOCIAL SERVICE AGENCY.
"INDEPENDENT PRACTICE OF PROFESSIONAL COUNSELING." THE
APPLICATION OF PROFESSIONAL COUNSELING KNOWLEDGE AND SKILLS BY
AN INDIVIDUAL:
(1) who styles oneself as a professional counselor;
(1) (2) WHO REGULATES AND IS RESPONSIBLE FOR HIS OR HER
OWN PRACTICE AND TREATMENT PROCEDURES; AND
(2) (3) 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 OR ADVERTISES TO ENGAGE 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.
"MARRIAGE AND FAMILY THERAPIST ASSESSMENT." THE PROFESSIONAL
APPLICATION OF PSYCHOTHERAPEUTIC AND FAMILY SYSTEMS THEORIES AND
TECHNIQUES TO EVALUATE AND IDENTIFY PSYCHOSOCIAL AND BEHAVIORAL
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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.
"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
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
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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, 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.
"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], ASSESSMENT,
DIAGNOSIS AND TREATMENT 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
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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
words or symbols indicating or tending to indicate that one is a
social worker, except as otherwise provided by this act.
"PROFESSIONAL COUNSELOR ASSESSMENT." THE PROFESSIONAL
APPLICATION OF PSYCHOTHERAPEUTIC AND COUNSELING THEORIES AND
TECHNIQUES TO EVALUATE, IDENTIFY AND ESTABLISH COUNSELING PLANS
FOR THE TREATMENT OF INDIVIDUALS, COUPLES, FAMILIES AND GROUPS
WITH EMOTIONAL, MENTAL, ADDICTION AND PHYSICAL DISORDERS. THE
TERM INCLUDES, BUT IS NOT LIMITED TO, A MENTAL HEALTH
EXAMINATION AND PSYCHOLOGICAL HISTORY.
"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 7. QUALIFICATIONS FOR LICENSE.
* * *
(E) MARRIAGE AND FAMILY THERAPIST LICENSE.--AN APPLICANT
SHALL BE QUALIFIED TO HOLD ONESELF OUT AS A LICENSED MARRIAGE
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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] BEING
GRANTED A MASTER'S DEGREE.
* * *
(F) PROFESSIONAL COUNSELORS LICENSE.--AN APPLICANT IS
QUALIFIED FOR A LICENSE TO HOLD ONESELF OUT AS A LICENSED
PROFESSIONAL COUNSELOR IF THE APPLICANT SUBMITS PROOF
SATISFACTORY TO THE BOARD THAT ALL OF THE FOLLOWING APPLY:
* * *
(3) THE APPLICANT HAS COMPLIED WITH THE EXPERIENCE
REQUIREMENTS 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] BEING
GRANTED A MASTER'S DEGREE.
* * *
Section 10. Reciprocity.
(a) General rule.--The board shall have the power to grant a
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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 , A MARRIAGE AND FAMILY THERAPIST OR A PROFESSIONAL
COUNSELOR 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
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 16.3. RESTRICTION ON THE USE OF TITLE "LICENSED
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PROFESSIONAL COUNSELOR."
ONLY INDIVIDUALS WHO HAVE RECEIVED LICENSES AS LICENSED
PROFESSIONAL COUNSELORS UNDER THIS ACT MAY STYLE THEMSELVES AS
LICENSED PROFESSIONAL COUNSELORS AND USE THE LETTERS "L.P.C." IN
CONNECTION WITH THEIR NAMES. IT SHALL BE UNLAWFUL FOR AN
INDIVIDUAL TO STYLE ONESELF AS A LICENSED PROFESSIONAL
COUNSELOR, ADVERTISE OR ENGAGE IN THE INDEPENDENT PRACTICE OF
PROFESSIONAL COUNSELING OR USE ANY WORDS OR SYMBOLS INDICATING
OR TENDING TO INDICATE THAT THE INDIVIDUAL IS A LICENSED
PROFESSIONAL COUNSELOR WITHOUT HOLDING A LICENSE IN GOOD
STANDING UNDER THIS ACT.
Section 2. 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
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
marriage and family therapist, licensed professional counselor
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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:
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,
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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