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                                                      PRINTER'S NO. 2213

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1498 Session of 2008


        INTRODUCED BY WAUGH, WASHINGTON, PUNT, STOUT, RAFFERTY AND FUMO,
           JUNE 19, 2008

        REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
           JUNE 19, 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 qualifications for license.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 7(d), (e) and (f) of the act of July 9,
     8  1987 (P.L.220, No.39), known as the Social Workers, Marriage and
     9  Family Therapists and Professional Counselors Act, amended
    10  December 21, 1998 (P.L.1017, No.136), are amended to read:
    11  Section 7.  Qualifications for license.
    12     * * *
    13     (d)  Clinical social work license.--An applicant shall be
    14  qualified for a license to hold oneself out as a licensed
    15  clinical social worker if the applicant submits proof
    16  satisfactory to the board that all of the following apply:
    17         (1)  The applicant is of good moral character.
    18         (2)  The applicant has successfully met both of the


     1     following requirements:
     2             (i)  Holds a master's degree in social work or social
     3         welfare or a doctoral degree in social work from an
     4         accredited school of social work as recognized by the
     5         board.
     6             (ii)  Is licensed under this act as a social worker.
     7         (3)  The applicant has completed at least [three years
     8     or] 3,600 hours of supervised clinical experience acceptable
     9     to the board as determined by regulation after completion of
    10     the master's degree in social work.
    11         (4)  The applicant has passed a clinical social work
    12     examination adopted by the board.
    13         (5)  The applicant has submitted an application
    14     accompanied by the application fee.
    15         (6)  The applicant has not been convicted of a felony
    16     under The Controlled Substance, Drug, Device and Cosmetic Act
    17     or of an offense under the laws of another jurisdiction which
    18     if committed in this Commonwealth would be a felony under The
    19     Controlled Substance, Drug, Device and Cosmetic Act unless:
    20             (i)  at least ten years have elapsed from the date of
    21         conviction;
    22             (ii)  the applicant satisfactorily demonstrated to
    23         the board that the applicant has made significant
    24         progress in personal rehabilitation since the conviction
    25         such that licensure of the applicant should not be
    26         expected to create a substantial risk of harm to the
    27         health and safety of clients or the public or a
    28         substantial risk of further criminal violations; and
    29             (iii)  the applicant otherwise satisfies the
    30         qualifications contained in or authorized by this act.
    20080S1498B2213                  - 2 -     

     1     As used in this paragraph, the term "convicted" includes a
     2     judgment, an admission of guilt or a plea of nolo contendere.
     3     (e)  Marriage and family therapist license.--An applicant
     4  shall be qualified to hold oneself out as a licensed marriage
     5  and family therapist if the applicant submits proof satisfactory
     6  to the board that all of the following apply:
     7         (1)  The applicant is of good moral character.
     8         (2)  The applicant has successfully met one of the
     9     following educational requirements:
    10             (i)  [Within five years after the board has
    11         promulgated final regulations,] On or before June 30,
    12         2008, has successfully completed a planned program of 60
    13         semester hours or 90 quarter hours of graduate coursework
    14         which is closely related to marriage and family therapy,
    15         including a master's degree in marriage and family
    16         therapy from an accredited educational institution or a
    17         master's degree in a field determined by the board by
    18         regulation to be closely related to the practice of
    19         marriage and family therapy from an accredited
    20         educational institution, with graduate level coursework
    21         in marriage and family therapy acceptable to the board
    22         from an accredited educational institution or from a
    23         program recognized by a national accrediting agency.
    24             (ii)  Has successfully completed a planned program of
    25         60 semester hours or 90 quarter hours of graduate
    26         coursework which is closely related to marriage and
    27         family therapy, including a 48-semester-hour or 72-
    28         quarter-hour master's degree in marriage and family
    29         therapy from an accredited educational institution or a
    30         48-semester-hour or 72-quarter-hour master's degree in a
    20080S1498B2213                  - 3 -     

     1         field determined by the board by regulation to be closely
     2         related to the practice of marriage and family therapy
     3         from an accredited educational institution, with graduate
     4         level coursework in marriage and family therapy
     5         acceptable to the board from an accredited educational
     6         institution or from a program recognized by a national
     7         accrediting agency.
     8             (iii)  holds a doctoral degree in marriage and family
     9         therapy from an accredited educational institution or
    10         holds a doctoral degree in a field determined by the
    11         board by regulation to be closely related to the practice
    12         of marriage and family therapy from an accredited
    13         educational institution with graduate level coursework in
    14         marriage and family therapy acceptable to the board from
    15         an accredited educational institution or from a program
    16         recognized by a national accrediting agency.
    17         (3)  The applicant has complied with the experience
    18     requirement as follows:
    19             (i)  An individual meeting the educational
    20         requirements of paragraph (2)(i) or (ii) must have
    21         completed at least [three years or] 3,600 hours of
    22         supervised clinical experience, acceptable to the board
    23         as determined by regulation, obtained after the
    24         completion of 48 semester hours or 72 quarter hours of
    25         graduate coursework.
    26             (ii)  An individual meeting the educational
    27         requirements of paragraph (2)(iii) must have completed at
    28         least [two years or] 2,400 hours of supervised clinical
    29         experience, acceptable to the board as determined by
    30         regulation, [one year or] 1,200 hours of which was
    20080S1498B2213                  - 4 -     

     1         obtained subsequent to the granting of the doctoral
     2         degree.
     3         (4)  The applicant has passed an examination adopted by
     4     the board.
     5         (5)  The application has been accompanied by the
     6     application fee.
     7         (6)  The applicant has not been convicted of a felony
     8     under The Controlled Substance, Drug, Device and Cosmetic Act
     9     or of an offense under the laws of another jurisdiction which
    10     if committed in this Commonwealth would be a felony under the
    11     Controlled Substance, Drug, Device and Cosmetic Act unless:
    12             (i)  at least ten years have elapsed from the date of
    13         conviction;
    14             (ii)  the applicant satisfactorily demonstrates to
    15         the board that the applicant has made significant
    16         progress in personal rehabilitation since the conviction
    17         such that licensure of the applicant should not be
    18         expected to create a substantial risk of harm to the
    19         health and safety of clients or the public or a
    20         substantial risk of further criminal violation; and
    21             (iii)  the applicant otherwise satisfies the
    22         qualifications contained in or authorized by this act.
    23     As used in this paragraph, the term "convicted" includes a
    24     judgment, an admission of guilt or a plea of nolo contendere.
    25     (f)  Professional counselors license.--An applicant is
    26  qualified for a license to hold oneself out as a licensed
    27  professional counselor if the applicant submits proof
    28  satisfactory to the board that all of the following apply:
    29         (1)  The applicant is of good moral character.
    30         (2)  The applicant has successfully met one of the
    20080S1498B2213                  - 5 -     

     1     following educational requirements:
     2             (i)  [Within five years after the board has
     3         promulgated final regulations,] On or before June 30,
     4         2008, has successfully completed a planned program of 60
     5         semester hours or 90 quarter hours of graduate coursework
     6         in counseling or a field determined by the board by
     7         regulation to be closely related to the practice of
     8         professional counseling, including a master's degree in
     9         counseling or a field determined by the board by
    10         regulation to be closely related to the practice of
    11         professional counseling, from an accredited educational
    12         institution.
    13             (ii)  Has successfully completed a planned program of
    14         60 semester hours or 90 quarter hours of graduate
    15         coursework in counseling or a field determined by the
    16         board by regulation to be closely related to the practice
    17         of professional counseling, including a 48-semester-hour
    18         or 72-quarter-hour master's degree in counseling or a
    19         field determined by the board by regulation to be closely
    20         related to the practice of professional counseling, from
    21         an accredited educational institution.
    22             (iii)  Holds a doctoral degree in counseling from an
    23         accredited educational institution or holds a doctoral
    24         degree in a field determined by the board by regulation
    25         to be closely related to the practice of professional
    26         counseling from an accredited educational institution.
    27         (3)  The applicant has complied with the experience
    28     requirements as follows:
    29             (i)  An individual meeting the educational
    30         requirements of paragraph (2)(i) or (ii) must have
    20080S1498B2213                  - 6 -     

     1         completed at least [three years or] 3,600 hours of
     2         supervised clinical experience, acceptable to the board
     3         as determined by regulation, obtained after the
     4         completion of 48 semester hours or 72 quarter hours of
     5         graduate coursework.
     6             (ii)  An individual meeting the educational
     7         requirements of paragraph (2)(iii) must have completed at
     8         least [two years or] 2,400 hours of supervised clinical
     9         experience, acceptable to the board as determined by
    10         regulation, [one year or] 1,200 hours of which was
    11         obtained subsequent to the granting of the doctoral
    12         degree.
    13         (4)  The applicant has passed an examination adopted by
    14     the board.
    15         (5)  The application has been accompanied by the
    16     application fee.
    17         (6)  The applicant has not been convicted of a felony
    18     under The Controlled Substance, Drug, Device and Cosmetic Act
    19     or of an offense under the laws of another jurisdiction which
    20     if committed in this Commonwealth would be a felony under the
    21     Controlled Substance, Drug, Device and Cosmetic Act unless:
    22             (i)  at least ten years have elapsed from the date of
    23         conviction;
    24             (ii)  the applicant satisfactorily demonstrates to
    25         the board that the applicant has made significant
    26         progress in personal rehabilitation since the conviction
    27         such that licensure of the applicant should not be
    28         expected to create a substantial risk of harm to the
    29         health and safety of clients or the public or a
    30         substantial risk of further criminal violations; and
    20080S1498B2213                  - 7 -     

     1             (iii)  the applicant otherwise satisfies the
     2         qualifications contained in or authorized by this act.
     3     As used in this paragraph, the term "convicted" includes a
     4     judgment, an admission of guilt or a plea of nolo contendere.
     5     Section 2.  This act shall take effect in 60 days.

















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