PRINTER'S NO. 959
No. 853 Session of 1989
INTRODUCED BY SALVATORE, APRIL 25, 1989
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
APRIL 25, 1989
AN ACT
1 Licensing and regulating the practice of marriage and family
2 therapists, mental health counselors, psychoanalysts,
3 rehabilitation counselors, insurance rehabilitation
4 counselors and school counselors; creating a State Board of
5 Mental Health Service Providers and prescribing its
6 membership, powers and duties; providing for issuance and
7 revocation of licenses; providing penalties; and making an
8 appropriation.
9 TABLE OF CONTENTS
10 Section 1. Short title.
11 Section 2. Legislative intent.
12 Section 3. Definitions.
13 Section 4. Practice within scope.
14 Section 5. State Board of Mental Health Service Providers.
15 Section 6. Appointment and qualifications of board.
16 Section 7. Powers and functions of board.
17 Section 8. Qualifications for licensure as a marriage and
18 family therapist.
19 Section 9. Qualifications for licensure as a mental
20 health counselor.
1 Section 10. Qualifications for licensure as a psychoanalyst.
2 Section 11. Qualifications for licensure as a rehabilitation
3 counselor.
4 Section 12. Qualifications for licensure as an insurance
5 rehabilitation counselor.
6 Section 13. Qualifications for licensure as a licensed school
7 counselor.
8 Section 14. Additional qualifications for licensure.
9 Section 15. Preparation of examinations.
10 Section 16. Exemption from supervision and examination; special
11 examination.
12 Section 17. Reciprocity.
13 Section 18. Refusal, suspension and revocation of licenses.
14 Section 19. Reinstatement of license.
15 Section 20. Surrender of suspended or revoked license.
16 Section 21. Reporting of multiple licensure.
17 Section 22. Impaired professional.
18 Section 23. Restriction on use of titles.
19 Section 24. Penalties.
20 Section 25. License renewal; records and fees.
21 Section 26. Subpoenas.
22 Section 27. Unlawful practice.
23 Section 28. Appropriation.
24 Section 29. Severability.
25 Section 30. Effective date.
26 The General Assembly of the Commonwealth of Pennsylvania
27 hereby enacts as follows:
28 Section 1. Short title.
29 This act shall be known and may be cited as the Mental Health
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1 Service Providers Licensing Act.
2 Section 2. Legislative intent.
3 (a) Declaration.--The practice of marriage and family
4 therapy, mental health counseling, psychoanalysis,
5 rehabilitation counseling, insurance rehabilitation counseling
6 and school counseling is hereby declared to affect the public
7 safety and welfare and to require regulation and control in the
8 public interest to protect the public from unprofessional,
9 improper, unauthorized and unqualified practice of marriage and
10 family therapy, mental health counseling, psychoanalysis,
11 rehabilitation counseling, insurance rehabilitation counseling
12 and school counseling.
13 (b) Purpose.--It is the purpose of this act to regulate only
14 those who hold themselves out as licensed marriage and family
15 therapists, licensed mental health counselors, licensed
16 psychoanalysts, licensed rehabilitation counselors, licensed
17 insurance rehabilitation counselors and licensed school
18 counselors.
19 Section 3. Definitions.
20 The following words and phrases when used in this act shall
21 have the meanings given to them in this section unless the
22 context clearly indicates otherwise:
23 "Advertise." The term includes, but is not limited to,
24 issuing or causing to be distributed any card, sign or device to
25 any person, or causing, permitting or allowing any sign marking
26 on or in any building or structure, or in any newspaper,
27 magazine or directory, or on radio or television, or advertising
28 by any other means designed to secure public attention.
29 "Board." The State Board of Mental Health Service Providers.
30 "Commissioner." The Commissioner of Professional and
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1 Occupational Affairs.
2 "Directly supervised professional experience." All required
3 experience under the direct supervision of a licensed specialist
4 in the area where licensure is sought. Direct supervision means
5 review, evaluation and assessment of assigned experience in
6 individual or group face-to-face consultation. No supervised
7 experience shall consist of more than eight persons per
8 supervisor.
9 "Licensed Insurance Rehabilitation Counselor (L.I.R.C.)." An
10 insurance rehabilitation counselor who holds a current license
11 under this act.
12 "Licensed Marriage and Family Therapist (L.M.F.T.)" A
13 marriage and family therapist who holds a current license under
14 this act.
15 "Licensed Mental Health Counselor (L.M.H.C.)." A mental
16 health counselor who holds a current license under this act.
17 "Licensed Psychoanalyst (L.P.)." A psychoanalyst who holds a
18 current license under this act.
19 "Licensed Rehabilitation Counselor (L.R.C.)." A
20 rehabilitation counselor who holds a current license under this
21 act.
22 "Licensed School Counselor (L.S.C.)." A school counselor who
23 holds a current license under this act.
24 "Practice of licensed insurance rehabilitation." Holding
25 oneself out to the public by any title or description of
26 services incorporating the title "licensed insurance
27 rehabilitation counselor." Insurance rehabilitation counseling
28 is a specialized field of rehabilitation which centers upon the
29 specific problems of injured and/or disabled individuals within
30 the framework of disability compensation systems. Insurance
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1 rehabilitation assists these individuals in returning to a
2 productive and acceptable quality of life through medical
3 coordination, counseling, specialized evaluation of the
4 individual's situation, case management, job placement and
5 rehabilitation plan development. It consists of expertise and
6 specialized skills in understanding the medical, physiological
7 and psychological aspects of disability, and a working knowledge
8 of the medical aspects of disability, vocational evaluation
9 techniques, occupational information and disability compensation
10 systems.
11 "Practice of licensed marriage and family therapy." Holding
12 oneself out to the public by any title or description of
13 services incorporating the title "licensed marriage and family
14 counselor." Marriage and family counseling and/or therapy
15 involves an applied understanding of the dynamics of marital and
16 family systems, along with the application of principles of
17 assessment, methods and techniques of therapy for the purpose of
18 resolving intrapersonal and interpersonal conflict, modifying
19 perception and behavior, altering old attitudes and establishing
20 new ones in the area of marriage and family life. The practice
21 of marriage and family counseling is a specialized field of
22 therapy centering largely upon the family relationship, its
23 interactions and patterns, the relationships of parents and
24 children in intact, blended, single-parent and divorced
25 families; the relationship between husband and wife or the
26 relationship between two people who consider themselves in a
27 significant relationship and their interactions and patterns;
28 and the direct impact of those relationships, interactions and
29 patterns upon the individual. Services are provided to
30 individuals, couples, families, groups and organizations; may be
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1 preventative, developmental and/or remedial in nature; and may
2 include appraisal, counseling and educational activities. The
3 term also includes premarital therapy, separation therapy,
4 predivorce and postdivorce therapy, and family therapy. The term
5 does not include the practice or activities of attorneys.
6 "Practice of licensed mental health counseling." Holding
7 oneself out to the public by any title or description of
8 services incorporating the title "licensed mental health
9 counselor." Mental health counseling involves the application of
10 principles of assessment, psychotherapy, human development,
11 learning theory, group dynamics, dysfunctional behavior and
12 mental health to individuals, couples, families, groups and
13 organizations for the purposes of treating psychopathology and
14 promoting optimal mental health. The practice of mental health
15 counseling and/or therapy includes, but is not limited to,
16 clinical assessment, diagnosis and treatment of mental and
17 emotional disorders, psychoeducational techniques and methods
18 aimed at the prevention of such disorders, resolution of
19 interpersonal and intrapersonal conflict and modification of
20 behavior, perceptions and attitudes to achieve optimal mental
21 health for individuals, couples, families, groups, organizations
22 and communities.
23 "Practice of licensed psychoanalysis." Holding oneself out
24 to the public by any title or description of services
25 incorporating the title "licensed psychoanalyst." Psychoanalysis
26 is a scientific and professional study of human psychological
27 functioning which has three dimensions:
28 (1) A method of investigation.
29 (2) A systematized body of knowledge about human mental
30 functioning.
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1 (3) A therapeutic method for the modification of mental
2 functioning. Psychoanalysis is distinguished from other
3 fields of therapy by its focus on transference and resistance
4 phenomena, by the study of unconscious dynamics in human
5 mental life and by the method of training its practitioners,
6 which must include a training analysis in addition to
7 classwork and supervised practice. Psychoanalysis may be
8 applied to individuals, families, groups or organizations.
9 Psychoanalysts may be of a variety of orientations, such as,
10 but not limited to, Freudian, Jungian, Adlerian, Sullivanian
11 or Modern Freudian.
12 "Practice of licensed rehabilitation counseling." Holding
13 oneself out to the pubic by any title or description of services
14 incorporating the title "licensed rehabilitation counselor."
15 Rehabilitation counseling consists of special counseling
16 techniques which center on the specific problems of the person
17 with disabilities and on assisting the individual in adjusting
18 to his or her relationship to family, fellow workers, fellow
19 students, and society in general. It also consists of specific
20 counseling techniques for dealing with handicaps, an
21 understanding of the medical, psychosocial, psychiatric and
22 vocational aspects of disabilities, and a working knowledge of
23 vocational/career planning and placement of the person with
24 disabilities. It is a specialized field of counseling and/or
25 therapy which centers on the specific problems of injured and/or
26 disabled individuals and on assisting these individuals in
27 adjusting to their relationship to family, social and vocational
28 environments, and to their disabilities.
29 "Practice of licensed school counseling." Holding oneself
30 out to the public by any title or description of services
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1 incorporating the title "licensed school counselor." School
2 counseling is a specialized field of counseling and/or therapy
3 which centers, but not exclusively, on issues connected with
4 education and barriers to education. These services include
5 applying principles, methods and counseling techniques in the
6 delivery of services to students, parents and school staff
7 directed at awareness, exploration and disposition of the
8 barriers to education. Services are provided to individual
9 groups, families and organizations; may be preventative,
10 developmental and/or remedial in nature; and may include
11 appraisal, individual counseling, group counseling, educational
12 and career counseling, consultation and referral services.
13 "Practice of a specialty." The term means to offer to render
14 for a fee or to render for a fee any service involving the
15 application of principles, methods or procedures of marriage and
16 family therapy, mental health counseling, psychoanalysis,
17 rehabilitation counseling, school counseling or insurance
18 rehabilitation counseling.
19 "Recognized educational institution." Any educational
20 institution which grants a Bachelor's, Master's or Doctor's
21 degree and which is accredited by an appropriate accrediting
22 agency recognized by the Federal Government or the Council on
23 Post Secondary Accreditation.
24 "Supervision." The direct clinical review, for the purpose
25 of training or teaching, by a supervisor of a specialty
26 practitioner's interaction with a client. The term includes, but
27 is not limited to, the review of case presentations, audio
28 tapes, video tapes and direct observation in order to promote
29 the development of the practitioner's clinical skills.
30 "Supervisor." A person who meets the requirements
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1 established by the standards committee and approved by the board
2 for that specialty which is being supervised and who is licensed
3 under this act.
4 "Use a title or description of." To hold oneself out to the
5 public as having a particular status by means of stating on
6 signs, mailboxes, address plates, stationery, announcements,
7 calling cards or other instruments of professional
8 identification.
9 Section 4. Practice within scope.
10 Professionals licensed under this act shall practice within
11 the scope of their license. The licensed professional shall
12 assist his or her client in obtaining professional help for
13 conditions that fall outside the boundaries of the specialist's
14 own competence.
15 Section 5. State Board of Mental Health Service Providers.
16 (a) Creation.--There is hereby created the State Board of
17 Mental Health Service Providers, as a departmental
18 administrative board in the Department of State. The board shall
19 consist of 15 members who are citizens of the United States and
20 who have been residents of this Commonwealth for a two-year
21 period immediately preceding their appointment. Fourteen members
22 shall be appointed by the Governor, with the advice and consent
23 of a majority of the members elected to the Senate, and the
24 Commissioner of Professional and Occupational Affairs shall
25 serve as a member of the board. Two members shall be appointed
26 as representatives of the public. Twelve members shall be
27 appointed who hold a current license under this act and who are
28 representative of the practice areas licensed under this act as
29 provided in section 6.
30 (b) Terms of office.--The terms of each professional and
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1 public member of the board shall be for four years, except as
2 provided in subsection (c), or until a successor has been
3 appointed and qualified, but not longer than six months beyond
4 the four-year period. In the event that the member dies or
5 resigns or otherwise becomes disqualified during his or her
6 term, a successor with the same qualifications shall be
7 appointed in the same manner and shall hold office for the
8 unexpired term. No member shall be eligible for appointment to
9 serve more than two consecutive terms.
10 (c) Initial appointments.--Within 90 days after the
11 effective date of this act, the Governor shall nominate one
12 public member and three professional members to serve four-year
13 terms; one public member and three professional members to serve
14 three-year terms; four professional members to serve two-year
15 terms; and two professional members to serve one-year terms. All
16 professional members initially appointed need not hold current
17 licenses under this act at the time of appointment but shall
18 possess the necessary qualifications for licensure under this
19 act and shall have been actively engaged in the rendering of
20 their respective professional services for at least five years
21 immediately preceding their appointment.
22 (d) Quorum.--A majority of the members of the board serving
23 in accordance with law shall constitute a quorum for purposes of
24 conducting the business of the board. Except for temporary and
25 automatic suspensions under section 17(d) and (e), a member may
26 not be counted as part of a quorum or vote on any issue unless
27 he or she is physically in attendance at the meeting.
28 (e) Officers.--Annually the board shall select a chairman
29 and a vice chairman from among its members.
30 (f) Compensation and expenses.--Each member of the board,
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1 except the commissioner, shall receive $60 per diem when
2 actually attending to the work of the board. Members shall also
3 receive the amount of reasonable traveling, hotel and other
4 necessary expenses incurred in the performance of their duties
5 in accordance with Commonwealth regulations.
6 (g) Attendance at meetings.--A member of the board who fails
7 to attend three consecutive meetings shall forfeit his or her
8 seat unless the commissioner, upon written request from the
9 member, finds that the member should be excused from a meeting
10 because of illness or the death of a family member.
11 (h) Attendance at training seminars.--A public member who
12 fails to attend two consecutive statutorily mandated training
13 seminars in accordance with section 813(e) of the act of April
14 9, 1929 (P.L.177, No.175), known as The Administrative Code of
15 1929, shall forfeit his or her seat unless the commissioner,
16 upon written request from the public member, finds that the
17 public member should be excused from a meeting because of
18 illness or the death of a family member.
19 (i) Time of meetings.--The board shall meet at least four
20 times every year in Harrisburg and at such additional times as
21 may be necessary to conduct the business of the board.
22 (j) Notice of meetings.--Reasonable notice of all meetings
23 shall be given in conformity with the act of July 3, 1986
24 (P.L.388, No.84), known as the Sunshine Act.
25 (k) Startup.--The board shall meet within 120 days after the
26 appointment of its initial members to set up operating
27 procedures and an application form for licensing the various
28 practices. It shall be the responsibility of the board to
29 circulate these forms and educate the public to the requirements
30 of licensing in order to practice under the various licensed
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1 specialties within this Commonwealth.
2 Section 6. Appointment and qualifications of board.
3 (a) Qualifications.--The Governor shall appoint professional
4 members of the board only from among candidates who meet the
5 following qualifications:
6 (1) Two members shall be licensed in the practice of
7 marriage and family therapy and, for at least five years
8 immediately preceding appointment, shall have been actively
9 engaged in the rendering of professional services in marriage
10 and family therapy, in the education and training of graduate
11 or postgraduate students of marriage and family therapy
12 research, or in other counseling deemed substantially
13 equivalent thereto.
14 (2) Two members shall be licensed mental health
15 counselors who for at least five years immediately preceding
16 appointment, shall have been actively engaged as a mental
17 health counselor in the rendering of professional services in
18 mental health counseling or in the education and training of
19 graduate or postgraduate students of mental health
20 counseling.
21 (3) Two members shall be licensed psychoanalysts and,
22 for at least five years immediately preceding appointment,
23 shall have been certified psychoanalysts and actively engaged
24 in practicing psychoanalysis.
25 (4) Two members shall be licensed rehabilitation
26 counselors and, for at least five years immediately preceding
27 appointment, shall have been actively engaged as a
28 rehabilitation counselor in rendering professional services
29 in rehabilitation counseling or in the education and training
30 of graduate or postgraduate students of rehabilitation
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1 counseling.
2 (5) Two members shall be licensed in the practice of
3 insurance rehabilitation counseling and, for at least five
4 years immediately preceding appointment, shall have been
5 actively engaged as a rehabilitation counselor in the
6 rendering of professional services in rehabilitation
7 counseling or in the education and training of graduate or
8 postgraduate students of rehabilitation counseling.
9 (6) Two members shall be licensed in the practice of
10 school counseling and, for at least five years immediately
11 preceding appointment, shall have been actively engaged in
12 the rendering of services in school counseling or in the
13 education and training of graduate or postgraduate students
14 of school counseling and shall have spent the majority of
15 time devoted by him or her to such activity during the two
16 years preceding the appointment.
17 Section 7. Powers and functions of board.
18 (a) Powers.--The board shall have the following powers:
19 (1) To pass upon the qualifications and fitness of
20 applicants for licenses and reciprocal licenses, and to adopt
21 and revise rules and regulations requiring applicants to pass
22 examinations relating to their qualifications as a
23 prerequisite to the issuance of a license.
24 (2) To adopt, and from time to time revise, such rules
25 and regulations and policies not inconsistent with the law as
26 may be necessary to carry into effect the provisions of this
27 act. Such rules and regulations shall include, but not be
28 limited to, standards of professional practice and conduct
29 for those holding themselves out as licensed marriage and
30 family therapists, mental health counselors, psychoanalysts,
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1 rehabilitation counselors, insurance rehabilitation counselor
2 and school counselors in this Commonwealth.
3 (3) To examine for, deny, approve, issue, revoke,
4 suspend or renew licenses of marriage and family therapists,
5 mental health counselors, psychoanalysts, rehabilitation
6 counselors, insurance rehabilitation counselors and school
7 counselors in accordance with this act and to conduct
8 hearings in connection therewith.
9 (4) To conduct hearings upon complaints concerning
10 violations of the provisions of this act and the rules and
11 regulations adopted pursuant to this act and seek the
12 prosecution and enjoinder of all such violations.
13 (5) To expend moneys necessary to properly carry out its
14 assigned duties.
15 (6) To employ, with the approval of the commissioner, a
16 professional credentials evaluator to review applications.
17 (7) To waive examination and grant a license in cases
18 deemed exceptional by the board and in accordance with board
19 regulations.
20 (8) To submit annually a report to the Professional
21 Licensure Committee of the House of Representatives and the
22 Consumer Protection and Professional Licensure Committee of
23 the Senate containing a description of the types of
24 complaints received, the status of the cases, the board
25 action which has been taken and the length of time from the
26 initial complaint to final board resolution.
27 (b) Functions.--The board will function in the following
28 manner:
29 (1) Two members from each of the respective professional
30 groups and a public member shall constitute a standards
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1 committee for the respective profession. Each standards
2 committee shall recommend to the board for its approval or
3 disapproval the granting of all licenses of that specialty,
4 and continuing education courses in that specialty.
5 (2) The board may initiate or otherwise act regarding
6 any matter in which a standards committee is not specifically
7 responsible to act.
8 Section 8. Qualifications for licensure as a marriage and
9 family therapist.
10 An applicant shall be qualified for a license to hold oneself
11 out as a licensed marriage and family therapist if the
12 application is accompanied by the application fee and he or she
13 submits proof satisfactory to the board that:
14 (1) He or she is of good moral character.
15 (2) He or she has received a doctoral degree from a
16 recognized educational institution as a marriage and family
17 counselor or therapist or a doctoral degree in a closely
18 allied professional field which is approved by the board, and
19 has received two years of directed professional experience in
20 a setting acceptable to the board. At least one of those
21 years must be under the supervision of a licensed marriage
22 and family therapist.
23 (3) He or she has received a master's degree as a
24 marriage and family counselor and/or therapist or a degree
25 from a recognized educational institution in a closely allied
26 professional field which is approved by the board and has
27 received four years of direct professional experience in a
28 setting acceptable to the board. At lease two of those years
29 must be under the supervision of a licensed marriage and
30 family counselor and/or therapist.
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1 (4) He or she has passed an examination duly adopted by
2 the board.
3 Section 9. Qualifications for licensure as a mental health
4 counselor.
5 An applicant shall be qualified for a license to hold oneself
6 out as a licensed mental health counselor if the application is
7 accompanied by the application fee and he or she submits proof
8 satisfactory to the board that:
9 (1) He or she is of good moral character.
10 (2) He or she has received a doctoral degree from a
11 recognized educational institution in mental health
12 counseling, counselor education, or a closely allied
13 professional field which is approved by the board and has
14 received two years of postdegree professional experience in a
15 setting acceptable to the board, under the supervision of a
16 licensed mental health counselor or a licensed professional
17 in a closely allied field.
18 (3) He or she has received a master's degree from a
19 recognized educational institution in mental health
20 counseling or a closely allied professional field which is
21 approved by the board and has received four years of
22 postdegree professional experience in a setting acceptable to
23 the board under the supervision of a licensed mental health
24 counselor or licensed professional in a closely allied field.
25 (4) He or she has passed an examination duly adopted by
26 the board.
27 Section 10. Qualifications for licensure as a psychoanalyst.
28 Any applicant shall be qualified for a license to hold
29 oneself out as a licensed psychoanalyst if the application is
30 accompanied by the application fee and he or she submits proof
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1 satisfactory to the board that:
2 (1) He or she is of good moral character.
3 (2) He or she has a masters degree in the behavioral
4 services from a recognized educational institution and has
5 been certified by a psychoanalytic institute or training
6 program which is accredited by a national psychoanalytic
7 accrediting body and is recognized by the board. Such
8 training must include, at a minimum, 100 hours of individual
9 supervision by a licensed psychoanalyst, 300 hours of
10 training analysis by a licensed psychoanalyst, classroom
11 instruction of at least 375 hours, and supervised practice
12 for a least 500 hours extending over at least two years.
13 (3) He or she has passed an examination duly adopted by
14 the board.
15 Section 11. Qualifications for licensure as a rehabilitation
16 counselor.
17 An applicant shall be qualified for a license to hold oneself
18 out as a licensed rehabilitation counselor if the application is
19 accompanied by the application fee and he or she submits proof
20 satisfactory to the board that:
21 (1) He or she is of good moral character.
22 (2) He or she has received a master's degree in
23 rehabilitation counseling from a recognized educational
24 institution and has served a supervised internship in
25 rehabilitation counseling (600-hour internship on the
26 semester system or 480-hour internship on the quarter
27 system).
28 (3) He or she has received a master's degree in a
29 related field from a recognized educational institution with
30 three years of direct employment experience in the field of
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1 rehabilitation counseling.
2 (4) He or she has passed an examination duly adopted by
3 the board.
4 Section 12. Qualifications for licensure as an insurance
5 rehabilitation counselor.
6 An applicant shall be qualified for a license to hold oneself
7 out as a licensed insurance rehabilitation counselor or
8 therapist if the application is accompanied by the application
9 fee and he or she submits proof satisfactory to the board that:
10 (1) He or she is of good moral character.
11 (2) He or she has received at least a master's degree in
12 rehabilitation counseling and/or its equivalent, from a
13 recognized educational institution, has served a supervised
14 internship in rehabilitation or clinical setting consisting
15 of a minimum of 480 hours, and has a minimum of one year of
16 experience beyond the internship in a rehabilitation setting
17 providing direct or indirect services to a disabled
18 population in a disability compensation system.
19 (3) He or she has passed an examination duly adopted by
20 the board.
21 Section 13. Qualifications for licensure as a licensed school
22 counselor.
23 An applicant shall be qualified for a license to hold oneself
24 out as a licensed school counselor if the application is
25 accompanied by the application fee and he or she submits proof
26 satisfactory to the board that:
27 (1) He or she is of good moral character.
28 (2) He or she has received a doctoral degree in
29 counseling and guidance and/or its equivalent from a
30 recognized educational institution, and has received two
19890S0853B0959 - 18 -
1 years of directed professional experience in a school setting
2 acceptable to the board. At least one of those years must be
3 under the supervision of a licensed school counselor or
4 school psychologist.
5 (3) He or she has received a master's degree in
6 counseling and guidance and/or its equivalent from a
7 recognized educational institution plus Pennsylvania
8 Department of Education certification in elementary and/or
9 secondary school counseling, and has received four years of
10 directed professional experience in a setting acceptable to
11 the board. At least two of those years must be under the
12 supervision of a licensed school counselor or school
13 psychologist or by a person eligible for licensure under this
14 section.
15 (4) He or she has passed an examination duly adopted by
16 the board.
17 Section 14. Additional qualifications for licensure.
18 An applicant for licensure under sections 8 through 13 of
19 this act shall, as an additional qualification for licensure, be
20 required to submit proof satisfactory to the board that he or
21 she has not been convicted of a felony under the act of April
22 14, 1972 (P.L.233, No.64), known as The Controlled Substance,
23 Drug, Device and Cosmetic Act, an offense under 18 Pa.C.S. Ch.
24 31 (relating to sexual offenses) or an offense involving child
25 abuse, or of an offense under the laws of another jurisdiction,
26 which, if committed in this Commonwealth, would be an offense as
27 described in this paragraph, unless:
28 (1) at least ten years have elapsed from the date of
29 conviction;
30 (2) the applicant satisfactorily demonstrates to the
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1 board that he or she has made significant progress in
2 personal rehabilitation since the conviction, such that
3 licensure of the applicant should not be expected to create a
4 substantial risk of harm to the health and safety of his or
5 her clients or the public or a substantial risk of further
6 criminal violations; and
7 (3) the applicant otherwise satisfies the qualifications
8 contained in or authorized by this act. As used in this
9 section, the term "convicted" shall include a judgment, an
10 admission of guilt or a plea of nolo contendere.
11 Section 15. Preparation of examinations.
12 All written examinations shall be prepared and administered
13 by a qualified professional testing organization in accordance
14 with section 812.1(a) of the act of April 9, 1929 (P.L.177,
15 No.175), known as The Administrative Code of 1929.
16 Section 16. Exemption from supervision and examination; special
17 examination.
18 (a) Exemption.--The requirements of sections 8 through 13
19 shall not apply and a license shall be issued without
20 examination to any person who has submitted an application for a
21 license, accompanied by the required fee, within two years after
22 the effective date of this act, who is a resident of this
23 Commonwealth, who has submitted proof of his or her practice of
24 specialty for which he or she is applying for licensure and who,
25 on the effective date of this act:
26 (1) Holds a Doctor of Philosophy or Doctor of Education
27 degree in the specialty area or an allied area acceptable to
28 the board and has engaged in the practice of that specialty
29 acceptable to the board for at least a two-year period within
30 six years prior to submission of the application.
19890S0853B0959 - 20 -
1 (2) Holds a master's degree in the specialty area or a
2 closely allied professional field acceptable to the board and
3 has engaged in the practice of that specialty acceptable to
4 the board for at least a four-year period within eight years
5 prior to the submission of the application.
6 (b) Special examination.--From and after the effective date
7 of this act, the board, based on standards established in rules
8 and regulations, may, for a period not to exceed two years,
9 permit any person to take the licensure examination required by
10 this act, who, for a period of five years prior to this act has
11 been engaged in a practice of specialty closely related to one
12 or more of the specialties defined herein and holds a
13 professional certification in a related field to such
14 specialties issued by the appropriate professional accrediting
15 or certification body.
16 Section 17. Reciprocity.
17 The board shall have the power to grant a reciprocal license
18 to an applicant who is licensed or certified as a marriage and
19 family counselor and/or therapist, a mental health counselor
20 and/or therapist, psychoanalyst, a rehabilitation counselor
21 and/or therapist, an insurance rehabilitation counselor and/or
22 therapist or a school counselor in another state and has
23 demonstrated qualifications which equal those required pursuant
24 to this act in the determination of the board.
25 Section 18. 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
3 "convicted" includes a finding or verdict of guilt, an
4 admission of guilt or a plea of nolo contendere, or receiving
5 probation without verdict, disposition in lieu of trial or an
6 accelerated rehabilitative disposition in the disposition of
7 felony charges.
8 (2) Being found guilty of immoral or unprofessional
9 conduct. Unprofessional conduct shall include any departure
10 from or failure to conform to the standards of acceptable and
11 prevailing practice. In proceedings based on this paragraph,
12 actual injury to the client need not be established.
13 (3) Engaging in unprofessional practice in violation of
14 standards adopted by the board.
15 (4) Presenting false credentials or documents in support
16 of his or her application for a license.
17 (5) Submitting a false or deceptive biennial renewal to
18 the board.
19 (6) Having a license to practice suspended, revoked or
20 refused or receiving other disciplinary action by the proper
21 licensing authority of any other state, territory, possession
22 or country.
23 (7) Violating a regulation promulgated by the board,
24 including, but not limited to, standards of professional
25 practice, or violating an order of the board previously
26 entered in a disciplinary proceeding.
27 (8) Being unable to practice with reasonable skill and
28 safety because of illness, drunkenness, excessive use of
29 drugs, narcotics, chemicals or any other type of material, or
30 because of any mental or physical condition. In enforcing
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1 this paragraph, the board shall, upon probable cause, have
2 authority to compel a licensee to submit to a mental or
3 physical examination by a physician approved by the board.
4 Failure of a licensee to submit to such examination when
5 directed by the board, unless such failure is due to
6 circumstances beyond his or her control, shall constitute an
7 admission of the allegations against him or her; and
8 consequent upon which a default and final order may be
9 entered without the taking of testimony or presentation of
10 evidence. A licensee affected under this paragraph shall at
11 reasonable intervals, as determined by the board, be afforded
12 an opportunity to demonstrate that he or she can resume
13 competent practice with reasonable skill and safety.
14 (b) Board action.--When the board finds that the license or
15 application for license of any person may be refused, revoked,
16 restricted or suspended under the terms of subsection (a), the
17 board may:
18 (1) Deny the application for a license.
19 (2) Administer a public reprimand.
20 (3) Revoke, suspend, limit or otherwise restrict a
21 license as determined by the board.
22 (4) Require a licensee to submit to the care, counseling
23 or treatment of a physician designated by the board.
24 (5) Suspend enforcement of its findings thereof and
25 place a licensee on probation with the right to vacate the
26 probationary order for noncompliance.
27 (6) Restore a suspended license to practice and impose
28 any disciplinary or corrective measure which it might
29 originally have imposed.
30 (c) Hearing.--All actions of the board shall be taken
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1 subject to the right of notice, hearing and adjudication and the
2 right of appeal therefrom in accordance with Title 2 of the
3 Pennsylvania Consolidated Statutes (relating to administrative
4 law and procedure).
5 (d) Temporary suspension.--The board shall temporarily
6 suspend a license under circumstances as determined by the board
7 to be an immediate and clear danger to the public health and
8 safety. The board shall issue an order to that effect without a
9 hearing, but upon due notice to the licensee concerned at his or
10 her last known address, which shall include a written statement
11 of all allegations against the licensee. The provisions of
12 subsection (c) shall not apply to temporary suspension. The
13 board shall thereupon commence formal action to suspend, revoke
14 or restrict the license of the person concerned as otherwise
15 provided for in this act. All actions shall be taken promptly
16 and without delay. Within 30 days following the issuance of an
17 order temporarily suspending a license, the board shall conduct,
18 or cause to be conducted, a preliminary hearing to determine
19 that there is a prima facie case supporting the suspension. The
20 licensee whose license has been temporarily suspended may be
21 present at the preliminary hearing and may be represented by
22 counsel, cross-examine witnesses, inspect physical evidence,
23 call witnesses, offer evidence and testimony and make a record
24 of the proceedings. If it is determined that there is not a
25 prima facie case, the suspended license shall be immediately
26 restored. The temporary suspension shall remain in effect until
27 vacated by the board, but in no event longer than 180 days.
28 (e) Automatic suspension.--A license issued under this act
29 shall automatically be suspended upon the legal commitment of a
30 licensee to an institution because of mental incompetence from
19890S0853B0959 - 24 -
1 any cause upon filing with the board of a certified copy of such
2 commitment, conviction of a felony under the act of April 14,
3 1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
4 Device and Cosmetic Act, an offense under 18 Pa.C.S. Ch. 31
5 (relating to sexual offenses) or an offense involving child
6 abuse, or conviction of an offense under the laws of another
7 jurisdiction, which, if committed in this Commonwealth, would be
8 an offense as described in this subsection. As used in this
9 section the term "conviction" shall include a judgment, an
10 admission of guilt or a plea of nolo contendere. Automatic
11 suspension under this section shall not be stayed pending an
12 appeal or conviction. Restoration of the license shall be made
13 as provided in this act for revocation or suspension of a
14 license.
15 Section 19. Reinstatement of license.
16 Unless ordered to do so by Commonwealth Court or an appeal
17 therefrom, the board shall not reinstate a revoked license to
18 practice the specialties pursuant to this act. A person whose
19 license has been revoked may apply for reinstatement after a
20 period of at least five years, but the person must meet all of
21 the licensing qualifications of this act for the license applied
22 for, including the examination requirement, if he or she desires
23 to obtain a license at any time after such revocation.
24 Section 20. Surrender of suspended or revoked license.
25 The board shall require a person whose license or
26 registration has been suspended or revoked to return the license
27 or registration in such manner as the board directs. Failure to
28 do so shall be a misdemeanor of the third degree.
29 Section 21. Reporting of multiple licensure.
30 Any licensee of this Commonwealth who is also licensed to
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1 practice in any other state, territory or country shall report
2 this information to the board on the biennial renewal
3 application. Any disciplinary action taken in any other state,
4 territory or country shall be reported to the board on the
5 biennial renewal application or within 90 days of disposition,
6 whichever is sooner. Multiple licensure shall be noted by the
7 board on the licensee's record, and such state, territory or
8 country shall be notified by the board of any disciplinary
9 actions taken against the licensee in this Commonwealth.
10 Section 22. Impaired professional.
11 (a) Appointment of professional consultant.--The board, with
12 the approval of the commissioner, shall appoint and fix the
13 compensation of a professional consultant who is a licensee of
14 the board, or such other professional as the board may
15 determine, with education and experience in the identification,
16 treatment and rehabilitation of persons with physical or mental
17 impairments. The consultant shall be accountable to the board
18 and shall act as a liaison between the board and treatment
19 programs, such as alcohol and drug treatment programs licensed
20 by the Department of Health and psychological counseling and
21 impaired professional support groups, which are approved by the
22 board and which provide services to licensees under this act.
23 (b) Eligibility and disclosure.--The board may defer and
24 ultimately dismiss any of the types of corrective action set
25 forth in this act for an impaired professional so long as the
26 professional is progressing satisfactorily in an approved
27 treatment program. The provisions of this subsection shall not
28 apply to a professional who has been convicted of a felonious
29 act prohibited by the act of April 14, 1972 (P.L.233, No.64),
30 known as The Controlled Substance, Drug, Device and Cosmetic
19890S0853B0959 - 26 -
1 Act, or who has been convicted of or pleaded guilty to or
2 entered a plea of nolo contendere to a felony relating to a
3 controlled substance in a court of law of the United States or
4 any other state, territory or country. An approved program
5 provider shall, upon request, disclose to the consultant any
6 information in its possession regarding any impaired
7 professional in treatment which the program provided is not
8 prohibited from disclosing by the laws of the United States or
9 this Commonwealth or another state. Such requirement of
10 disclosure by an approved program provider shall apply in the
11 case of impaired professionals who enter an agreement in
12 accordance with this section, impaired professionals who are the
13 subject of a board investigation or disciplinary proceeding, and
14 impaired professionals who voluntarily enter a treatment program
15 other than under the provisions of this section but who fail to
16 complete the program successfully or to adhere to an after-care
17 plan developed by the program provider.
18 (c) Agreement with board.--An impaired professional who
19 enrolls in an approved treatment program shall enter into an
20 agreement with the board under which the professional's license
21 shall be suspended or revoked, but enforcement of the suspension
22 or revocation may be stayed for the length of time the
23 professional remains in the program and makes satisfactory
24 progress, complies with the terms of the agreement and adheres
25 to any limitations on his practice imposed by the board to
26 protect the public. Failure to enter into such an agreement
27 shall disqualify the professional from the impaired professional
28 program and shall activate an immediate investigation and
29 disciplinary proceeding by the board.
30 (d) Disciplinary action.--If in the opinion of the
19890S0853B0959 - 27 -
1 consultant shall disclose to the board all information in his
2 possession relevant to the issue of impairment regarding the
3 professional; and the board shall institute proceedings to
4 determine if the stay of the enforcement of the suspension or
5 revocation of the impaired professional's license shall be
6 vacated.
7 (e) Immunity.--An approved program provider who makes a
8 disclosure pursuant to this section shall not be subject to
9 civil liability for such disclosure or its consequences.
10 (f) Reports to the board.--Any hospital or health care
11 facility or any peer or colleague which or who has substantial
12 evidence that a professional has an active addictive disease for
13 which the professional is not receiving treatment, is diverting
14 a controlled substance or is mentally or physically competent to
15 carry out the duties of his or her license shall make or cause
16 to be made a report to the board, provided that any person or
17 facility who or which acts in a treatment capacity to an
18 impaired professional in an approved treatment program is exempt
19 from the mandatory reporting requirements of this subsection.
20 Any person or facility who reports pursuant to this section in
21 good faith and without malice shall be immune from any civil or
22 criminal liability arising from such report. Failure to provide
23 such report within a reasonable time for receipt of knowledge of
24 impairment shall subject the person or facility to a fine not to
25 exceed $1,000. The board shall levy this penalty only after
26 affording the accused party the opportunity for a hearing, as
27 provided in Title 2 of the Pennsylvania Consolidated Statutes
28 (relating to administrative law and procedures).
29 Section 23. Restriction on use of titles.
30 (a) General rule.--Only individuals who have received a
19890S0853B0959 - 28 -
1 license under this act may hold themselves out to be licensed
2 marriage and family therapists and use the letters L.M.F.T. in
3 the connection with their names, or may hold themselves out to
4 be licensed mental health counselors and use the letters
5 L.M.H.C. in connection with their names, or may hold themselves
6 out to be licensed psychoanalysts and use the letters L.P. in
7 connection with their names, or may hold themselves out to be
8 licensed rehabilitation counselors and use the letters L.R.C. in
9 connection with their names, or may hold themselves out to be
10 licensed insurance rehabilitation counselors and use the letters
11 L.I.R.C. in connection with their names, or may hold themselves
12 out to be licensed school counselors and use the letters L.S.C.
13 in connection with their names.
14 (b) Use of titles by individual.--It shall be unlawful for
15 an individual to call himself or herself a Licensed Marriage and
16 Family Therapist, a Licensed Mental Health Counselor, a Licensed
17 Psychoanalyst, a Licensed Rehabilitation Counselor, a Licensed
18 Insurance Rehabilitation Counselor, or a Licensed School
19 Counselor or use any words or symbols indicating or tending to
20 indicate that he or she is licensed, or to advertise that he or
21 she is licensed without holding a license in good standing under
22 this act.
23 (c) Use of titles by business entities.--No corporation,
24 partnership, association or other business entity may use in its
25 corporate, partnership, association or business name any term or
26 title restricted under this act or any words, letters, titles or
27 figures indicating or implying that such entity or any of its
28 employees, officers or agents are licensed in a specialty
29 regulated under this act, unless each person practicing a
30 specialty in that entity, is licensed under this act or another
19890S0853B0959 - 29 -
1 act of this Commonwealth.
2 Section 24. Penalties.
3 (a) Criminal penalties.--A person who violates this act
4 commits a misdemeanor of the third degree and shall, upon
5 conviction, be sentenced to pay a fine of up to $1,000 or to
6 imprisonment for not more than 90 days, or both.
7 (b) Civil penalty.--In addition to any other civil remedy or
8 criminal penalty provided for in this act, the board, by a vote
9 of the majority of the maximum number of the authorized
10 membership of the board as provided by law, or by a vote of the
11 majority of the duly qualified and confirmed membership or a
12 minimum of six members, whichever is greater, may levy a civil
13 penalty of up to $1,000 on any current licensee who violates any
14 provision of this act or on any person who holds himself or
15 herself out as a licensee without being so licensed pursuant to
16 this act. The board shall levy this penalty only after affording
17 the accused party the opportunity for a hearing, as provided in
18 Title 2 of the Pennsylvania Consolidated Statutes (relating to
19 administrative law and procedure).
20 (c) Disposition.--All fines and civil penalties imposed in
21 accordance with this section shall be paid into the Professional
22 Licensure Augmentation Account.
23 Section 25. License renewal; records and fees.
24 (a) Renewal term.--Renewal of license shall be on a biennial
25 basis. The board may by regulation require evidence of
26 professional activity or continuing education as a condition of
27 license renewal. No credit shall be given for any course in
28 office management or practice building.
29 (b) Records.--A record of all persons licensed to practice
30 as licensed marriage and family therapists, licensed mental
19890S0853B0959 - 30 -
1 health counselors, licensed psychoanalysts, licensed
2 rehabilitation counselors, licensed insurance rehabilitation
3 counselors or licensed school counselors in Pennsylvania shall
4 be kept in the office of the board and shall be open to public
5 inspection and copying upon payment of a nominal fee for copying
6 the record.
7 (c) Fees.--
8 (1) All fees required pursuant to this act shall be
9 fixed by the board by regulation and shall be subject to the
10 act of June 25, 1982 (P.L.633, No.181), known as the
11 Regulatory Review Act. If the revenues raised by fees, fines
12 and civil penalties imposed pursuant to this act are not
13 sufficient to meet expenditures over a two-year period, the
14 board shall increase those fees by regulation so that the
15 projected revenues will meet or exceed projected
16 expenditures.
17 (2) If the Bureau of Professional and Occupational
18 Affairs determines that the fees established by the board
19 pursuant to paragraph (1) are inadequate to meet the minimum
20 enforcement efforts required by this act, then the bureau,
21 after consultation with the board and subject to the
22 Regulatory Review Act, shall increase the fees by regulation
23 in an amount so that adequate revenues are raised to meet the
24 required enforcement effort.
25 Section 26. Subpoenas.
26 (a) Power to issue.--The board shall have the authority to
27 issue subpoenas, upon application of an attorney responsible for
28 representing the Commonwealth in disciplinary matters before the
29 board, for the purpose of investigating alleged violations of
30 the disciplinary provisions administered by the board. The board
19890S0853B0959 - 31 -
1 shall have the power to subpoena witnesses, to administer oaths,
2 to examine witnesses and to take such testimony or compel the
3 production of such books, records, papers and documents as it
4 may deem necessary or proper in, and pertinent to, any
5 proceeding, investigation or hearing, held or had by it. Client
6 records may not be subpoenaed without consent of the client or
7 without order of a court of competent jurisdiction on a showing
8 that the records are reasonably necessary for the conduct of the
9 investigation. The court may impose such limitations on the
10 scope of the subpoena as are necessary to prevent unnecessary
11 intrusion into client confidential information. The board is
12 authorized to apply to Commonwealth Court to enforce its
13 subpoenas.
14 (b) Notification of board.--An attorney responsible for
15 representing the Commonwealth in disciplinary matters before the
16 board shall notify the board immediately upon receiving
17 notification of an alleged violation of this act. The board
18 shall maintain current records of all reports of alleged
19 violations and periodically review the records for the purpose
20 of determining that each alleged violation has been resolved in
21 a timely manner.
22 Section 27. Unlawful practice.
23 (a) Unlawful practice prohibited.--It shall be unlawful for
24 any person to hold himself or herself out as a licensed marriage
25 and family therapist, a licensed mental health counselor, a
26 licensed psychoanalyst, a licensed rehabilitation counselor, a
27 licensed insurance rehabilitation counselor or a licensed school
28 counselor without possessing a valid, unexpired, unrevoked and
29 unsuspended license issued under this act.
30 (b) Injunction.--Unlawful practice may be enjoined by the
19890S0853B0959 - 32 -
1 courts upon petition of the commissioner or the board. In any
2 proceeding under this section, it shall not be necessary to show
3 that any person is individually injured by the actions
4 complained of. If the court finds that the respondent has
5 violated this section, it shall enjoin him or her from so
6 practicing until he or she has been duly licensed. Procedure in
7 such cases shall be the same as in any other injunction suit.
8 (c) Remedy cumulative.--The injunctive remedy provided in
9 this section shall be in addition to any other civil or criminal
10 prosecution and punishment.
11 Section 28. Appropriation.
12 The sum of $300,000, or as much thereof as may be necessary,
13 is hereby appropriated from the General Fund to the Bureau of
14 Professional and Occupational Affairs in the Department of State
15 for the payment of costs of processing licenses and renewals,
16 for the operation of the board and for other general costs of
17 the bureau operations relating to this act. This appropriation
18 shall be repaid by the board within three years of the beginning
19 of issuance of licenses by the board.
20 Section 29. Severability.
21 The provisions of this act are severable. If any provision of
22 this act or its application to any person or circumstance is
23 held invalid, the invalidity shall not affect other provisions
24 or applications of this act which can be given effect without
25 the invalid provision or application.
26 Section 30. Effective date.
27 This act shall take effect as follows:
28 (1) Sections 23 and 27 of this act shall take effect 18
29 months after the effective date of this act.
30 (2) The remainder of this act shall take effect in 60
19890S0853B0959 - 33 -
1 days.
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