PRINTER'S NO. 295
No. 271 Session of 1987
INTRODUCED BY COWELL, IRVIS, MAYERNIK, O'DONNELL, NAHILL,
PISTELLA, ITKIN, CAPPABIANCA, PRESTON, PRESSMANN, BOOK,
SAURMAN, JAROLIN, STABACK, MARKOSEK, MICOZZIE, HERMAN, VEON,
VAN HORNE, HAGARTY, OLASZ, DeLUCA, TIGUE, CARLSON, HASAY,
TRELLO, BELFANTI, MORRIS, MICHLOVIC, GEIST, GAMBLE, SEVENTY,
SHOWERS, ARTY, BORTNER, KUKOVICH, McVERRY, PERZEL, FOX,
GRUPPO, STEVENS, MURPHY, BURD, FISCHER, LAUGHLIN, RYBAK,
LEVDANSKY, E. Z. TAYLOR, BATTISTO, COLAFELLA, BELARDI,
WAMBACH, BURNS, McHALE, CORNELL, SWEET, LASHINGER, F. TAYLOR,
CALTAGIRONE, BLAUM, WILSON, BOYES, WOGAN AND CORRIGAN,
FEBRUARY 11, 1987
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
FEBRUARY 11, 1987
AN ACT
1 Licensing and regulating the practice of social work; providing
2 penalties; and making an appropriation.
3 TABLE OF CONTENTS
4 Section 1. Short title.
5 Section 2. Legislative intent.
6 Section 3. Definitions.
7 Section 4. Social work license required.
8 Section 5. State Board of Social Work Examiners.
9 Section 6. Powers and functions of board.
10 Section 7. Qualifications for license.
11 Section 8. Procedures for licensing.
12 Section 9. Exemption from examination.
13 Section 10. Reciprocity.
1 Section 11. Refusal, suspension and revocation of licenses.
2 Section 12. Reinstatement of license.
3 Section 13. Reporting of multiple licensure.
4 Section 14. Surrender of suspended or revoked license.
5 Section 15. Impaired professional.
6 Section 16. Restrictions on the use of title "Licensed Social
7 Worker."
8 Section 17. Penalties.
9 Section 18. License renewal; records and fees.
10 Section 19. Subpoenas.
11 Section 20. Unlawful practice.
12 Section 21. Appropriation.
13 Section 22. Severability.
14 Section 23. Effective date.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Short title.
18 This act shall be known and may be cited as the Social
19 Worker's Practice Act.
20 Section 2. Legislative intent.
21 The practice of social work within this Commonwealth is
22 hereby declared to affect the public safety and welfare and to
23 be subject to regulation and control in the public interest to
24 protect the public from unprofessional, improper, unauthorized
25 and unqualified practice of licensed social work. This act
26 regulates only those who hold themselves forth as licensed
27 social workers. Acquisition of a license under this act shall
28 not be made a condition of the employment of a person by the
29 Commonwealth or any of its political subdivisions or by
30 nonprofit agencies.
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1 Section 3. Definitions.
2 The following words and phrases when used in this act shall
3 have the meanings given to them in this section unless the
4 context clearly indicates otherwise:
5 "Board." The State Board of Social Work Examiners under the
6 Bureau of Professional and Occupational Affairs within the
7 Department of State.
8 "Commissioner." The Commissioner of Professional and
9 Occupational Affairs.
10 "Licensed social worker." A social worker who holds a
11 current license under this act.
12 "Practice of social work." Holding oneself out to the public
13 by any title or description of services incorporating the words
14 "licensed social worker," or using any words or symbols
15 indicating or tending to indicate that he or she is a licensed
16 social worker and, under such description, offering to render or
17 rendering a service in which a special knowledge of social
18 resources, human personality and capabilities and therapeutic
19 techniques is directed at helping people to achieve adequate and
20 productive personal, interpersonal and social adjustments in
21 their individual lives, in their families and in their
22 community.
23 "Provisional licensed social worker." A social worker who
24 holds a current provisional license under this act.
25 Section 4. Social work license required.
26 It shall be unlawful for any person to hold himself or
27 herself out as a licensed social worker unless he or she shall
28 first have obtained a license under this act.
29 Section 5. State Board of Social Work Examiners.
30 (a) Creation.--There is hereby created the State Board of
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1 Social Work Examiners, a departmental administrative board in
2 the Department of State. The board shall consist of seven
3 members who are citizens of the United States and have been
4 residents of this Commonwealth for a period of two years, two of
5 whom shall be public members, four of whom shall be persons who
6 meet the educational qualifications for licensure as specified
7 in section 7, and the Commissioner of Professional and
8 Occupational Affairs.
9 (b) Term of office.--The members shall serve for three-year
10 terms, except as provided in subsection (c), and shall be
11 appointed by the Governor with the advice and consent of a
12 majority of the members elected to the Senate.
13 (c) Initial appointments.--Within 90 days of the effective
14 date of this act, the Governor shall nominate one public member
15 and one professional member to serve three-year terms; one
16 public member and one professional member to serve two-year
17 terms; and two professional members to serve one-year terms.
18 (d) Continuation in office.--Each board member shall
19 continue in office until his or her successor is duly appointed
20 and qualified but no longer than six months after the expiration
21 of his or her term. In the event that a board member shall die,
22 resign or otherwise become disqualified during his or her term
23 of office, his or her successor shall be appointed in the same
24 way and with the same qualifications and shall hold office for
25 the unexpired portion of the unexpired term.
26 (e) Limit on terms.--No board member shall be eligible for
27 appointment to serve more than two consecutive three-year terms.
28 (f) Forfeiture of membership.--A board member who fails to
29 attend three consecutive meetings shall forfeit his or her seat
30 unless the commissioner, upon written request from the member,
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1 finds that the member should be excused from a meeting because
2 of illness or the death of a family member.
3 (g) Compensation and expenses.--Each member of the board,
4 except the commissioner, shall receive per diem compensation of
5 $60 per day when actually attending to the work of the board.
6 Members shall also receive reasonable traveling, hotel and other
7 necessary expenses incurred in the performance of their duties
8 in accordance with Commonwealth regulations.
9 (h) Forfeiture for nonattendance.--A public member who fails
10 to attend two consecutive statutorily mandated training seminars
11 in accordance with section 813(e) of the act of April 9, 1929
12 (P.L.177, No.175), known as The Administrative Code of 1929,
13 shall forfeit his or her seat unless the commissioner, upon
14 written request from the public member, finds that the public
15 member should be excused from a meeting because of illness or
16 the death of a family member.
17 (i) Quorum.--A majority of the members of the board serving
18 in accordance with law shall constitute a quorum for purposes of
19 conducting the business of the board. Except for temporary and
20 automatic suspensions under section 11(d) and (e), a member may
21 not be counted as part of a quorum or vote on any issue unless
22 he or she is physically in attendance at the meeting.
23 (j) Meetings.--The board shall meet at least four times a
24 year in Harrisburg.
25 (k) Notice.--Reasonable notice of all meetings shall be
26 given in conformity with the act of July 3, 1986 (P.L.388,
27 No.84), referred to as the Sunshine Act.
28 (l) Operating procedures.--The board shall meet within 30
29 days after the appointment of its initial members and set up
30 operating procedures and an application form for licensing
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1 social workers. It shall be the responsibility of the board to
2 circulate these forms and educate the public concerning the
3 requirements of licensing in order to hold oneself out as a
4 licensed social worker within this Commonwealth.
5 Section 6. Powers and functions of board.
6 The board shall have the following powers:
7 (1) To pass upon the qualifications and fitness of
8 applicants for licenses and reciprocal licenses and to adopt
9 and revise rules and regulations requiring applicants to pass
10 examinations relating to their qualifications as a
11 prerequisite to the issuance of a license.
12 (2) To adopt and, from time to time, revise rules and
13 regulations to administer and enforce this act. The rules and
14 regulations may include, but shall not be limited to,
15 standards of professional practice for licensed social
16 workers in Pennsylvania.
17 (3) To examine for, deny, approve, issue, revoke,
18 suspend or renew licenses of social workers under this act
19 and to conduct hearings in connection therewith.
20 (4) To conduct hearings upon complaints concerning
21 violations of this act and the rules and regulations adopted
22 under this act and seek the prosecution and enjoinder of all
23 violations.
24 (5) To expend moneys necessary to the proper carrying
25 out of its assigned duties.
26 (6) To waive examination and grant a license in cases
27 deemed exceptional by the board and in accordance with
28 regulations promulgated by the board.
29 (7) To submit annually a report to the Professional
30 Licensure Committee of the House of Representatives and the
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1 Consumer Protection and Professional Licensure Committee of
2 the Senate containing a description of the types of
3 complaints received, status of the cases, board action which
4 has been taken and length of time from the initial complaint
5 to final board resolution.
6 (8) To submit annually to the House and Senate
7 Appropriations Committees, 15 days after the Governor has
8 submitted his budget to the General Assembly, a copy of the
9 budget request for the upcoming fiscal year which the board
10 previously submitted to the Department of State.
11 Section 7. Qualifications for license.
12 (a) Regular license.--An applicant shall be qualified for a
13 license to hold oneself out as a licensed social worker,
14 provided he or she submits proof satisfactory to the board that:
15 (1) He or she is of good moral character.
16 (2) He or she has received a master's degree from an
17 accredited school of social work or social welfare or a
18 doctoral degree in social work.
19 (3) He or she has passed an examination duly adopted by
20 the board.
21 (4) His or her application has been accompanied by the
22 application fee.
23 (5) He or she has not been convicted of a felony under
24 the act of April 14, 1972 (P.L.233, No.64), known as The
25 Controlled Substance, Drug, Device and Cosmetic Act, or of an
26 offense under the laws of another jurisdiction which if
27 committed in this Commonwealth would be a felony under The
28 Controlled Substance, Drug, Device and Cosmetic Act, unless:
29 (i) at least ten years have elapsed from the date of
30 conviction;
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1 (ii) the applicant satisfactorily demonstrates to
2 the board that he or she has made significant progress in
3 personal rehabilitation since the conviction such that
4 licensure of the applicant should not be expected to
5 create a substantial risk of harm to the health and
6 safety of his or her clients or the public or a
7 substantial risk of further criminal violations; and
8 (iii) the applicant otherwise satisfies the
9 qualifications contained in or authorized by this act.
10 As used in this subsection the term "convicted" shall include
11 a judgment, an admission of guilt or a plea of nolo
12 contendere.
13 (b) Provisional license.--An applicant shall be qualified
14 for a provisional license to hold oneself out as a social worker
15 with a provisional license, provided he or she submits proof
16 satisfactory to the board that:
17 (1) He or she is of good moral character.
18 (2) He or she has received a bachelor's degree in social
19 work from an accredited school of social work or social
20 welfare and has three years' experience under the supervision
21 of a social worker who has graduated with a master's degree
22 from an accredited school of social work or social welfare.
23 (3) He or she offers proof of current enrollment in a
24 master's degree program at an accredited school of social
25 work or social welfare.
26 (4) He or she passed an examination duly adopted by the
27 board.
28 (5) His or her application has been accompanied by the
29 application fee.
30 (6) He or she has not been convicted of a felony under
19870H0271B0295 - 8 -
1 The Controlled Substance, Drug, Device and Cosmetic Act, or
2 of an offense under the laws of another jurisdiction which if
3 committed in this Commonwealth would be a felony under The
4 Controlled Substance, Drug, Device and Cosmetic Act, unless:
5 (i) at least ten years have elapsed from the date of
6 conviction;
7 (ii) the applicant satisfactorily demonstrates to
8 the board that he or she has made significant progress in
9 personal rehabilitation since the conviction such that
10 licensure of the applicant should not be expected to
11 create a substantial risk of harm to the health and
12 safety of his or her clients or the public or a
13 substantial risk of further criminal violations; and
14 (iii) the applicant otherwise satisfies the
15 qualifications contained in or authorized by this act.
16 As used in this subsection the term "convicted" shall include
17 a judgment, an admission of guilt or a plea of nolo
18 contendere.
19 (c) Limitation on provisional licenses.--No applicant may be
20 issued more than three provisional licenses.
21 Section 8. Procedures for licensing.
22 (a) Affidavit required.--Each application form for an
23 applicant submitted to the board for examination or licensure
24 shall have attached, as part of the form, an affidavit or
25 affirmation for the applicant to complete as to the verity of
26 the information on the application. Any applicant who knowingly
27 or willingly makes a false statement of fact in his or her
28 application shall be subject to prosecution for perjury.
29 (b) Issuance of license.--The board shall issue to each
30 person who meets the licensure requirements of this act a
19870H0271B0295 - 9 -
1 certificate setting forth that such person is licensed to hold
2 himself or herself out as a licensed social worker or as a
3 provisional licensed social worker.
4 Section 9. Exemption from examination.
5 The requirement of section 7(a)(3) shall not apply and a
6 license shall be issued without examination to any person who
7 has submitted an application for license, accompanied by the
8 required fee, within two years after the effective date of this
9 act, who is a resident of this Commonwealth, who has submitted
10 proof of his or her practice of social work for a two-year
11 period and who, on the effective date of this act, holds a
12 master's degree in social work from an accredited school of
13 social work or social welfare or a doctoral degree in social
14 work.
15 Section 10. Reciprocity.
16 The board shall have the power to grant a reciprocal license
17 to an applicant who is licensed or certified as a social worker
18 in another state and has demonstrated qualifications which equal
19 or exceed those required under this act in the determination of
20 the board, provided that no license shall be granted under this
21 section to an applicant unless the state in which the applicant
22 is licensed affords reciprocal treatment to persons who are
23 residents of this Commonwealth and who are licensed pursuant to
24 this act.
25 Section 11. Refusal, suspension and revocation of licenses.
26 (a) Grounds.--The board may refuse, suspend, revoke, limit
27 or restrict a license or reprimand a licensee for any of the
28 following:
29 (1) Being convicted of a felony or a crime of moral
30 turpitude in any state or Federal court or being convicted of
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1 the equivalent of a felony in any foreign country, territory
2 or possession. As used in this paragraph the term "convicted"
3 includes a finding or verdict of guilt, an admission of guilt
4 or a plea of nolo contendere or receiving probation without
5 verdict, disposition in lieu of trial, or an Accelerated
6 Rehabilitative Disposition in the disposition of felony
7 charges.
8 (2) Being found guilty of a dishonest or fraudulent act,
9 as a licensed social worker, resulting in a substantial
10 injury to another.
11 (3) Engaging in the unprofessional practice of social
12 work in violation of standards adopted by the board.
13 (4) Presenting false credentials or documents in support
14 of his application for a license.
15 (5) Submitting a false or deceptive biennial renewal to
16 the board.
17 (6) Having a license to practice social work suspended,
18 revoked or refused or receiving other disciplinary action by
19 the proper social work licensing authority of any other
20 state, territory, possession or country.
21 (7) Violating a lawful regulation promulgated by the
22 board, including, but not limited to, standards of
23 professional practice, or violating a lawful order of the
24 board previously entered in a disciplinary proceeding.
25 (8) Being unable to practice social work with reasonable
26 skill and safety by reason of illness, drunkenness, excessive
27 use of drugs, narcotics, chemicals or any other type of
28 material, or as a result of any mental or physical condition.
29 In enforcing this paragraph, the board shall, upon probable
30 cause, have authority to compel a social worker to submit to
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1 a mental or physical examination by a physician approved by
2 the board. Failure of a social worker to submit to such
3 examination when directed by the board, unless such failure
4 is due to circumstances beyond his or her control, shall
5 constitute an admission of the allegations against him or
6 her, consequent upon which a default and final order may be
7 entered without the taking of testimony or presentation of
8 evidence. A social worker affected under this paragraph shall
9 at reasonable intervals, as determined by the board, be
10 afforded an opportunity to demonstrate that he or she can
11 resume the competent practice of social work with reasonable
12 skill and safety.
13 (b) Board action.--When the board finds that the license or
14 application for license of any person may be refused, revoked,
15 restricted or suspended under the terms of subsection (a), the
16 board may:
17 (1) Deny the application for a license.
18 (2) Administer a public reprimand.
19 (3) Revoke, suspend, limit or otherwise restrict a
20 license as determined by the board.
21 (4) Require a licensee to submit to the care, counseling
22 or treatment of a physician designated by the board.
23 (5) Suspend enforcement of its findings thereof and
24 place a licensee on probation with the right to vacate the
25 probationary order for noncompliance.
26 (6) Restore a suspended license to practice social work
27 and impose any disciplinary or corrective measure which it
28 might originally have imposed.
29 (c) Hearing.--All actions of the board shall be taken
30 subject to the right of notice, hearing and adjudication and the
19870H0271B0295 - 12 -
1 right of appeal therefrom in accordance with Title 2 of the
2 Pennsylvania Consolidated Statutes (relating to administrative
3 law and procedure).
4 (d) Temporary suspension.--The board shall temporarily
5 suspend a license under circumstances as determined by the board
6 to be an immediate and clear danger to the public health and
7 safety. The board shall issue an order to that effect without a
8 hearing, but upon due notice to the licensee concerned at his or
9 her last known address, which shall include a written statement
10 of all allegations against the licensee. The provisions of
11 subsection (c) shall not apply to temporary suspension. The
12 board shall thereupon commence formal action to suspend, revoke
13 or restrict the license of the person concerned as otherwise
14 provided for in this act. All actions shall be taken promptly
15 and without delay. Within 30 days following the issuance of an
16 order temporarily suspending a license, the board shall conduct,
17 or cause to be conducted, a preliminary hearing to determine
18 that there is a prima facie case supporting the suspension. The
19 licensee whose license has been temporarily suspended may be
20 present at the preliminary hearing and may be represented by
21 counsel, cross-examine witnesses, inspect physical evidence,
22 call witnesses, offer evidence and testimony and make a record
23 of the proceedings. If it is determined that there is not a
24 prima facie case, the suspended license shall be immediately
25 restored. The temporary suspension shall remain in effect until
26 vacated by the board, but in no event longer than 180 days.
27 (e) Automatic suspension.--A license issued under this act
28 shall automatically be suspended upon the legal commitment of a
29 licensee to an institution because of mental incompetence from
30 any cause upon filing with the board of a certified copy of such
19870H0271B0295 - 13 -
1 commitment, conviction of a felony under the act of April 14,
2 1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
3 Device and Cosmetic Act, or conviction of an offense under the
4 laws of another jurisdiction, which, if committed in this
5 Commonwealth, would be a felony under The Controlled Substance,
6 Drug, Device and Cosmetic Act. As used in this section the term
7 "conviction" shall include a judgment, an admission of guilt or
8 a plea of nolo contendere. Automatic suspension under this
9 section shall not be stayed pending an appeal or conviction.
10 Restoration of such license shall be made as provided in this
11 act for revocation or suspension of such license.
12 Section 12. Reinstatement of license.
13 Unless ordered to do so by Commonwealth Court or an appeal
14 therefrom, the board shall not reinstate the license of a person
15 to practice as a social worker pursuant to this act which has
16 been revoked. Any person whose license has been revoked may
17 apply for reinstatement, after a period of at least five years,
18 but must meet all of the licensing qualifications of this act,
19 including the examination requirement, if he or she desires to
20 practice as a social worker pursuant to this act at any time
21 after such revocation.
22 Section 13. Reporting of multiple licensure.
23 Any licensed social worker of this Commonwealth who is also
24 licensed to practice social work in any other state, territory
25 or country shall report this information to the board on the
26 biennial renewal application. Any disciplinary action taken in
27 any other state, territory or country shall be reported to the
28 board on the biennial renewal application, or within 90 days of
29 disposition, whichever is sooner. Multiple licensure shall be
30 noted by the board on the licensed social worker's record and
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1 such state, territory or country shall be notified by the board
2 of any disciplinary actions taken against said licensed social
3 worker in this Commonwealth.
4 Section 14. Surrender of suspended or revoked license.
5 The board shall require a person whose license or
6 registration has been suspended or revoked, to return the
7 license or registration in such manner as the board directs.
8 Failure to do so shall be a misdemeanor of the third degree.
9 Section 15. Impaired professional.
10 (a) Appointment of professional consultant.--The board, with
11 the approval of the commissioner, shall appoint and fix the
12 compensation of a professional consultant who is a licensee of
13 the board, or such other professional as the board may determine
14 with education and experience in the identification, treatment
15 and rehabilitation of persons with physical or mental
16 impairments. Such consultant shall be accountable to the board
17 and shall act as a liaison between the board and treatment
18 programs, such as alcohol and drug treatment programs licensed
19 by the Department of Health, psychological counseling, and
20 impaired professional support groups, which are approved by the
21 board and which provide services to licensees under this act.
22 (b) Subsequent action by board.--The board may defer and
23 ultimately dismiss any of the types of corrective action set
24 forth in this act for an impaired professional so long as the
25 professional is progressing satisfactorily in an approved
26 treatment program, provided that the provisions of this
27 subsection shall not apply to a professional convicted of a
28 felonious act prohibited by the act of April 14, 1972 (P.L.233,
29 No.64), known as The Controlled Substance, Drug, Device and
30 Cosmetic Act, or convicted of, pleaded guilty to or entered a
19870H0271B0295 - 15 -
1 plea of nolo contendere to a felony relating to a controlled
2 substance in a court of law or the United States or any other
3 state, territory or country. An approved program provider shall,
4 upon request, disclose to the consultant such information in its
5 possession regarding any impaired professional in treatment
6 which the program provider is not prohibited from disclosing by
7 an act of this Commonwealth, another state or the United States.
8 Such requirement of disclosure by an approved program provider
9 shall apply in the case of impaired professionals who enter an
10 agreement in accordance with this section, impaired
11 professionals who are the subject of a board investigation or
12 disciplinary proceeding, and impaired professionals who
13 voluntarily enter a treatment program other than under the
14 provisions of this section but who fail to complete the program
15 successfully or to adhere to an aftercare plan developed by the
16 program provider.
17 (c) Agreement.--An impaired professional who enrolls in an
18 approved treatment program shall enter into an agreement with
19 the board under which the professional's license shall be
20 suspended or revoked but enforcement of the suspension or
21 revocation may be stayed for the length of time the professional
22 remains in the program and makes satisfactory progress, complies
23 with the terms of the agreement and adheres to any limitations
24 on his practice imposed by the board to protect the public.
25 Failure to enter into such an agreement shall disqualify the
26 professional from the impaired professional program and shall
27 activate an immediate investigation and disciplinary proceeding
28 by the board.
29 (d) Report by provider.--If, in the opinion of the
30 consultant after consultation with the provider, an impaired
19870H0271B0295 - 16 -
1 professional who is enrolled in an approved treatment program
2 has not progressed satisfactorily, the consultant shall disclose
3 to the board all information in his possession relevant to the
4 issue of impairment regarding said professional and the board
5 shall institute proceedings to determine if the stay of the
6 enforcement of the suspension or revocation of the impaired
7 professional's license shall be vacated.
8 (e) Immunity.--An approved program provider who makes a
9 disclosure pursuant to this section shall not be subject to
10 civil liability for such disclosure or its consequences.
11 (f) Reports by others.--Any hospital or health care
12 facility, peer or colleague who has substantial evidence that a
13 professional has an active addictive disease for which the
14 professional is not receiving treatment, is diverting a
15 controlled substance or is mentally or physically incompetent to
16 carry out the duties of his or her license shall make or cause
17 to be made a report to the board, provided that any person or
18 facility who acts in a treatment capacity to an impaired
19 professional in an approved treatment program is exempt from the
20 mandatory reporting requirements of this subsection. Any person
21 or facility who reports pursuant to this section in good faith
22 and without malice shall be immune from any civil or criminal
23 liability arising from such report. Failure to provide such
24 report within a reasonable time from receipt of knowledge of
25 impairment shall subject the person or facility to a fine not to
26 exceed $1,000. The board shall levy this penalty only after
27 affording the accused party the opportunity for a hearing, as
28 provided in Title 2 of the Pennsylvania Consolidated Statutes
29 (relating to administrative law and procedure).
30 Section 16. Restrictions on the use of title "Licensed Social
19870H0271B0295 - 17 -
1 Worker."
2 Only individuals who have received a license under this act
3 may style themselves as licensed social workers and use the
4 letters "L.S.W." in connection with their names, and it shall be
5 unlawful for an individual to style himself or herself as a
6 licensed social worker, or use any words or symbols indicating
7 or tending to indicate that he or she is a licensed social
8 worker without holding a license in good standing under this
9 act.
10 Section 17. Penalties.
11 (a) Criminal penalties.--A person who violates this act
12 commits a misdemeanor of the third degree and shall, upon
13 conviction, be sentenced to pay a fine of up to $1,000 or to
14 imprisonment for not more than 90 days, or both.
15 (b) Civil penalty.--In addition to any other civil remedy or
16 criminal penalty provided for in this act, the board, by a vote
17 of the majority of the maximum number of the authorized
18 membership of the board as provided by law, or by a vote of the
19 majority of the duly qualified and confirmed membership or a
20 minimum of three members, whichever is greater, may levy a civil
21 penalty of up to $1,000 on any current licensee who violates any
22 provision of this act or on any person who holds himself or
23 herself out as a licensed social worker without being properly
24 licensed to do so under this act. The board shall levy this
25 penalty only after affording the accused party the opportunity
26 for a hearing, as provided by Title 2 of the Pennsylvania
27 Consolidated Statutes (relating to administrative law and
28 procedure).
29 (c) Disposition.--All fines and civil penalties imposed
30 under this section shall be paid into the Professional Licensure
19870H0271B0295 - 18 -
1 Augmentation Account.
2 Section 18. License renewal; records and fees.
3 (a) Renewal term.--Renewal of license shall be on a biennial
4 basis. The board may by regulation require evidence of
5 professional activity or continuing education as a condition of
6 license renewal. No credit shall be given for any course in
7 office management or practice building.
8 (b) Records.--A record of all persons licensed to practice
9 as social workers in Pennsylvania shall be kept in the office of
10 the board and shall be open to public inspection and copying
11 upon payment of a nominal fee for copying the record.
12 (c) Fees.--
13 (1) All fees required under this act shall be fixed by
14 the board by regulation and shall be subject to the act of
15 June 25, 1982 (P.L.633, No.181), known as the Regulatory
16 Review Act. If the revenues raised by fees, fines and civil
17 penalties imposed under this act are not sufficient to meet
18 expenditures over a two-year period, the board shall increase
19 its fees by regulation so that the projected revenues will
20 meet or exceed projected expenditures.
21 (2) If the Bureau of Professional and Occupational
22 Affairs determines that the fees established by the board
23 under paragraph (1) are inadequate to meet the minimum
24 enforcement efforts required by this act, then the bureau,
25 after consultation with the board and subject to the
26 Regulatory Review Act, shall increase the fees by regulation
27 to an amount that will produce adequate revenues to meet the
28 required enforcement effort.
29 Section 19. Subpoenas.
30 (a) Power to issue.--The board shall have the authority to
19870H0271B0295 - 19 -
1 issue subpoenas, upon application of an attorney responsible for
2 representing the Commonwealth in disciplinary matters before the
3 board, for the purpose of investigating alleged violations of
4 the disciplinary provisions administered by the board. The board
5 shall have the power to subpoena witnesses, to administer oaths,
6 to examine witnesses, and to take such testimony or compel the
7 production of such books, records, papers and documents as it
8 may deem necessary or proper in, and pertinent to, any
9 proceeding, investigation or hearing, held or had by it. Client
10 records may not be subpoenaed without consent of the client or
11 without order of a court of competent jurisdiction on a showing
12 that the records are reasonably necessary for the conduct of the
13 investigation. The court may impose such limitations on the
14 scope of the subpoena as are necessary to prevent unnecessary
15 intrusion into client confidential information. The board is
16 authorized to apply to Commonwealth Court to enforce its
17 subpoenas.
18 (b) Notification of board.--An attorney responsible for
19 representing the Commonwealth in disciplinary matters before the
20 board shall notify the board immediately upon receiving
21 notification of an alleged violation of this act. The board
22 shall maintain current records of all reports of alleged
23 violations and periodically review the records for the purpose
24 of determining that each alleged violation has been resolved in
25 a timely manner.
26 Section 20. Unlawful practice.
27 (a) Unlawful practice prohibited.--It shall be unlawful for
28 any person to hold himself or herself out as a licensed social
29 worker without having at the time of so doing a valid,
30 unexpired, unrevoked and unsuspended license issued under this
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1 act.
2 (b) Injunction.--The unlawful holding of oneself out as a
3 licensed social worker may be enjoined by the courts on petition
4 of the board or the commissioner. In any such proceeding it
5 shall not be necessary to show that any person is individually
6 injured by the actions complained of. If the respondent is found
7 guilty of the unlawful holding of oneself out as a licensed
8 social worker, the court shall enjoin him or her from so holding
9 himself or herself out unless and until he or she has been duly
10 licensed. Procedure in such cases shall be the same as in any
11 other injunction suit. The remedy by injunction hereby given is
12 in addition to any other civil or criminal prosecution and
13 punishment.
14 Section 21. Appropriation.
15 The sum of $85,000, or as much thereof as may be necessary,
16 is hereby appropriated from the Professional Licensure
17 Augmentation Account within the General Fund to the Bureau of
18 Professional and Occupational Affairs in the Department of State
19 for the payment of costs of processing licenses and renewals,
20 for the operation of the board and for other general costs of
21 the bureau operations relating to this act. The appropriation
22 granted shall be repaid by the board within three years of the
23 beginning of issuance of licenses by the board.
24 Section 22. Severability.
25 The provisions of this act are severable. If any provision of
26 this act or its application to any person or circumstance is
27 held invalid, the invalidity shall not affect other provisions
28 or applications of this act which can be given effect without
29 the invalid provision or application.
30 Section 23. Effective date.
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1 (a) Specific effective date.--Section 20 shall take effect
2 18 months from the effective date of this act.
3 (b) General effective date.--The remainder of this act shall
4 take effect in 60 days.
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