PRINTER'S NO. 3414
No. 2352 Session of 2008
INTRODUCED BY MUNDY, SEIP, DeLUCA, EACHUS, FRANKEL, GERGELY,
HARKINS, JOSEPHS, McILVAINE SMITH, MILNE, MURT, MYERS,
PASHINSKI, PETRONE, SHIMKUS, SIPTROTH, K. SMITH, SOLOBAY,
SURRA, SWANGER AND YOUNGBLOOD, MARCH 12, 2008
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 12, 2008
AN ACT
1 Amending the act of July 9, 1987 (P.L.220, No.39), entitled "An
2 act licensing and regulating the practice of social work;
3 providing penalties; and making an appropriation," further
4 providing for the short title, for legislative intent, for
5 definitions, for licensure, for the licensing agency and its
6 functions, for licensure qualifications and procedure, for
7 exemptions, for reciprocity and for license reinstatement;
8 providing for restrictions on use of title "Licensed Social
9 Service Worker"; and further proscribing unlawful practice.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Sections 1 and 2 of the act of July 9, 1987
13 (P.L.220, No.39), known as the Social Workers, Marriage and
14 Family Therapists and Professional Counselors Act, amended
15 December 21, 1998 (P.L.1017, No.136), are amended to read:
16 Section 1. Short title.
17 This act shall be known and may be cited as the Social
18 Workers, Marriage and Family Therapists [and], Professional
19 Counselors and Social Service Workers Act.
20 Section 2. Legislative intent.
1 The practice of social work, marriage and family therapy
2 [and], professional counseling and social service work within
3 this Commonwealth is hereby declared to affect the public safety
4 and welfare and to be subject to regulation and control in the
5 public interest to protect the public from unprofessional,
6 improper, unauthorized and unqualified practice of licensed
7 social work, licensed marriage and family therapy and licensed
8 professional counseling. This act regulates only those who hold
9 themselves out as licensed social workers, licensed clinical
10 social workers, licensed marriage and family therapists [or as],
11 licensed professional counselors or as licensed social service
12 workers. Acquisition of a license under this act shall not be
13 made a condition of the employment of a person by the
14 Commonwealth or any of its political subdivisions or by
15 nonprofit agencies.
16 Section 2. Section 3 of the act is amended by adding
17 definitions to read:
18 Section 3. Definitions.
19 The following words and phrases when used in this act shall have
20 the meanings given to them in this section unless the context
21 clearly indicates otherwise:
22 * * *
23 "Licensed social service worker." A social service worker
24 who holds a current license under this act.
25 * * *
26 "Practice of social service work." Holding oneself out to
27 the public by any title or description of services incorporating
28 the term "licensed social service worker," or using any words or
29 symbols indicating or tending to indicate that the individual is
30 a licensed social service worker and, under such description,
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1 offering to render or rendering a service in which the
2 application of social work theory, knowledge and methods to
3 improve, restore or enhance the social or psychosocial
4 functioning of individuals, couples, families or groups through
5 the provision of services other than counseling or
6 psychotherapy. Appropriate social service work services include,
7 but are not necessarily limited to, community organization;
8 program planning and development; assessment of client needs for
9 nonclinical community programs or services; formulation of plans
10 for the delivery of community services based on client needs;
11 coordination or evaluation of service delivery; advocacy on
12 behalf of persons or groups with unmet service needs; and
13 provision of training about community needs and problems.
14 * * *
15 "Provisional licensed social service worker." A social
16 service worker who holds a current provisional license under
17 this act.
18 * * *
19 Section 3. Section 4, 5(l) and 6 of the act, amended
20 December 21, 1998 (P.L.1017, No.136), are amended to read:
21 Section 4. License required.
22 It shall be unlawful for any person to hold himself or
23 herself forth as a licensed social worker, licensed clinical
24 social worker, licensed marriage and family therapist [or],
25 licensed professional counselor, licensed social service worker
26 or provisionally licensed social service worker unless he or she
27 shall first have obtained a license pursuant to this act.
28 Section 5. State Board of Social Workers, Marriage and Family
29 Therapists and Professional Counselors.
30 * * *
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1 (l) Operating procedures.--The board shall meet within 30
2 days after the appointment of its new members and set up
3 operating procedures and develop application forms for licensing
4 clinical social workers, marriage and family therapists [and],
5 professional counselors, social service workers and provisional
6 social service workers. It shall be the responsibility of the
7 board to circulate these forms and educate the public to the
8 requirements of licensing in order to hold oneself out as a
9 licensed social worker, licensed clinical social worker,
10 licensed marriage and family therapist or licensed professional
11 counselor within the Commonwealth.
12 Section 6. Powers and functions of board.
13 The board shall have the following powers:
14 (1) To pass upon the qualifications and fitness of
15 applicants for licenses and reciprocal licenses and to adopt
16 and revise rules and regulations requiring applicants to pass
17 examinations relating to their qualifications as a
18 prerequisite to the issuance of a license.
19 (2) To adopt and, from time to time, revise such rules
20 and regulations as may be necessary to carry into effect the
21 provisions of this act. Such regulations may include, but
22 shall not be limited to, standards of professional practice
23 and conduct for licensed social workers, licensed clinical
24 social workers, licensed marriage and family therapists
25 [and], licensed professional counselors, licensed social
26 service workers and provisional licensed social service
27 workers in Pennsylvania.
28 (3) To examine for, deny, approve, issue, revoke,
29 suspend or renew licenses of social workers, clinical social
30 workers, marriage and family therapists [and], professional
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1 counselors, social service workers and provisional social
2 service workers pursuant to this act and to conduct hearings
3 in connection therewith.
4 (4) To conduct hearings upon complaints concerning
5 violations of the provisions of this act and the rules and
6 regulations adopted pursuant to this act and seek the
7 prosecution and enjoinder of all such violations.
8 (5) To expend moneys necessary to the proper carrying
9 out of its assigned duties.
10 (6) To waive examination and grant a license in cases
11 deemed exceptional by the board and in accordance with
12 regulations promulgated by the board.
13 (7) To submit annually a report to the Professional
14 Licensure Committee of the House of Representatives and the
15 Consumer Protection and Professional Licensure Committee of
16 the Senate containing a description of the types of
17 complaints received, status of the cases, board action which
18 has been taken and length of time from the initial complaint
19 to final board resolution.
20 (8) To submit annually to the Appropriations Committees
21 of the House of Representatives and the Senate, 15 days after
22 the Governor has submitted his budget to the General
23 Assembly, a copy of the budget request for the upcoming
24 fiscal year which the board previously submitted to the
25 Department of State.
26 Section 4. Section 7 of the act is amended by adding
27 subsections to read:
28 Section 7. Qualifications for license.
29 * * *
30 (g) Social service work license.--An applicant shall be
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1 qualified for a license to hold oneself out as a licensed social
2 service worker, provided the applicant submits proof
3 satisfactory to the board that:
4 (1) The applicant is of good moral character.
5 (2) The applicant:
6 (i) has received a bachelor's degree from an
7 accredited school or program of social work or social
8 welfare as recognized by the board; or
9 (ii) has held a provisional license and worked in a
10 human services field and been supervised by a licensed
11 professional for at least 3,600 hours. A licensed
12 professional is a licensed social service worker, a
13 licensed social worker, a licensed clinical social
14 worker, a licensed psychologist, a licensed marriage and
15 family therapist or a licensed psychiatrist.
16 (3) The applicant has passed an examination adopted by
17 the board.
18 (4) The applicant has submitted an application
19 accompanied by the application fee.
20 (5) The applicant has not been convicted of a felony
21 under The Controlled Substance, Drug, Device and Cosmetic
22 Act, or of an offense under the laws of another jurisdiction,
23 which, if committed in this Commonwealth, would be a felony
24 under The Controlled Substance, Drug, Device and Cosmetic
25 Act, unless:
26 (i) at least ten years have elapsed from the date of
27 conviction;
28 (ii) the applicant satisfactorily demonstrates to
29 the board that the applicant has made significant
30 progress in personal rehabilitation since the conviction,
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1 such that licensure of the applicant should not be
2 expected to create a substantial risk of harm to the
3 health and safety of the applicant's clients or the
4 public or a substantial risk of further criminal
5 violations; and
6 (iii) the applicant otherwise satisfies the
7 qualifications contained in or authorized by this act.
8 As used in this paragraph, the term "convicted" shall include
9 a judgment, an admission of guilt or a plea of nolo
10 contendere.
11 (h) Social service work provisional license.--An applicant
12 shall be qualified for a provisional license to hold oneself out
13 as a provisionally licensed social service worker, provided the
14 applicant submits proof satisfactory to the board that:
15 (1) The applicant is of good moral character.
16 (2) The applicant has received a bachelor's degree from
17 an accredited college or university with a major in human
18 services, behavioral science, sociology, psychology, child
19 development or human development.
20 (3) The applicant has submitted an application
21 accompanied by the application fee.
22 (4) The applicant has not been convicted of a felony
23 under The Controlled Substance, Drug, Device and Cosmetic
24 Act, or of an offense under the laws of another jurisdiction,
25 which, if committed in this Commonwealth, would be a felony
26 under The Controlled Substance, Drug, Device and Cosmetic
27 Act, unless:
28 (i) at least ten years have elapsed from the date of
29 conviction;
30 (ii) the applicant satisfactorily demonstrates to
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1 the board that the applicant has made significant
2 progress in personal rehabilitation since the conviction,
3 such that licensure of the applicant should not be
4 expected to create a substantial risk of harm to the
5 health and safety of the applicant's clients or the
6 public or a substantial risk of further criminal
7 violations; and
8 (iii) the applicant otherwise satisfies the
9 qualifications contained in or authorized by this act.
10 Section 5. Section 8 of the act, amended December 21, 1998
11 (P.L.1017, No.136), is amended to read:
12 Section 8. Procedures for licensing.
13 (a) Affidavit required.--Each application form for an
14 applicant submitted to the board for examination or licensure
15 shall have attached as part of the form an affidavit or
16 affirmation for the applicant to complete as to the veracity of
17 the information on the application.
18 (b) Issuance of license.--The board shall issue to each
19 person who meets the licensure requirements of this act a
20 certificate setting forth that such person is licensed to hold
21 himself or herself out as a licensed social worker, a
22 provisional social worker, a licensed clinical social worker, a
23 licensed marriage and family therapist [or], a licensed
24 professional counselor, a licensed social service worker or a
25 provisional licensed social service worker.
26 Section 6. Section 9 of the act is amended by adding a
27 subsection to read:
28 Section 9. Exemption from licensure examination.
29 * * *
30 (d) Social service worker.--The requirements of section
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1 7(g)(3) shall not apply and a license shall be issued without
2 examination to an applicant who meets one of the following
3 requirements:
4 (1) Is a licensed clinical social worker or a licensed
5 social worker.
6 (2) Is licensed in another state as a social worker or a
7 social service worker.
8 (3) Has three years' previous experience in a human
9 services-related field and has a degree in social work or
10 social welfare from an accredited school or program of social
11 work as recognized by the board.
12 Section 7. Sections 10 and 12 of the act, amended December
13 21, 1998 (P.L.1017, No.136), are amended to read:
14 Section 10. Reciprocity.
15 The board shall have the power to grant a reciprocal license
16 to an applicant who is licensed or certified as a social worker,
17 clinical social worker, marriage and family therapist [or],
18 professional counselor or social service worker in another state
19 and has demonstrated qualifications which equal or exceed those
20 required pursuant to this act in the determination of the board,
21 provided that no license shall be granted under this section to
22 an applicant unless the state in which the applicant is licensed
23 affords reciprocal treatment to persons who are residents of
24 this Commonwealth and who are licensed pursuant to this act.
25 Section 12. Reinstatement of license.
26 Unless ordered to do so by Commonwealth Court or an appeal
27 therefrom, the board shall not reinstate the license of a person
28 to practice as a social worker, clinical social worker, marriage
29 and family therapist [or], professional counselor or social
30 service worker pursuant to this act, which has been revoked. Any
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1 person whose license has been revoked may apply for
2 reinstatement, after a period of at least five years, but must
3 meet all of the licensing qualifications of this act, including
4 the examination requirement, if he or she desires to practice as
5 a social worker, clinical social worker, marriage and family
6 therapist [or], professional counselor or social service worker
7 pursuant to this act at any time after such revocation.
8 Section 8. The act is amended by adding a section to read:
9 Section 16.4. Restrictions on use of title "Licensed Social
10 Service Worker."
11 Only individuals who have received licenses as licensed
12 social service workers under this act may style themselves as
13 licensed social service workers and use the letters "L.S.S.W."
14 in connection with their names, and it shall be unlawful for an
15 individual to style himself or herself as a licensed social
16 service worker or use any words or symbols indicating or tending
17 to indicate that the individual is a licensed social service
18 worker without holding a license in good standing under this
19 act.
20 Section 9. Section 20 of the act, amended December 21, 1998
21 (P.L.1017, No.136), is amended to read:
22 Section 20. Unlawful practice.
23 (a) Unlawful practice prohibited.--It shall be unlawful for
24 any person to hold himself or herself out as a licensed social
25 worker, licensed clinical social worker, marriage and family
26 therapist [and], professional counselor and social service
27 worker without possessing a valid, unexpired, unrevoked and
28 unsuspended license issued under this act.
29 (b) Injunction.--Unlawful practice may be enjoined by the
30 courts upon petition of the commissioner or the board. In any
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1 proceeding under this section, it shall not be necessary to show
2 that any person is individually injured by the actions
3 complained of. If the court finds that the respondent has
4 violated this section, it shall enjoin him or her from so
5 practicing until he or she has been duly licensed. Procedure in
6 such cases shall be the same as in any other injunction suit.
7 (c) Remedy cumulative.--The injunctive remedy provided in
8 this section shall be in addition to any other civil or criminal
9 prosecution and punishment.
10 Section 10. This act shall take effect in 180 days.
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