THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GERGELY, SEIP, BELFANTI, BRENNAN, D. COSTA, DeLUCA, DONATUCCI, FRANKEL, GALLOWAY, PAYTON, SIPTROTH, STURLA, VULAKOVICH AND WALKO, APRIL 13, 2009

REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 13, 2009  

AN ACT

Amending the act of July 9, 1987 (P.L.220, No.39), entitled "An

act licensing and regulating the practice of social work;

providing penalties; and making an appropriation," further

providing for definitions, for license required, for

reciprocity, for restrictions on the use of title "licensed

social worker," for restrictions on the use of title

"licensed clinical social worker," for restrictions on the

use of title "licensed marriage and family therapist" and for

restrictions on the use of title "licensed professional

counselor"; prohibiting unlicensed practice; further

providing for penalties; and further prohibiting unlawful

practice.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3 of the act of July 9, 1987 (P.L.220,

No.39), known as the Social Workers, Marriage and Family

Therapists and Professional Counselors Act, amended December 21,

1998 (P.L.1017, No.136), February 13, 2002 (P.L.83, No.4) and

July 9, 2008 (P.L.929, No.68), is amended to read:

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Application of social work methods and theory."  Includes

psychosocial assessment, crisis intervention, case management,

client-centered advocacy, psychotherapy and family therapy with

individuals, couples, families and groups in an effort to

prevent or ameliorate family and personal dysfunction at home,

at work and in the community.

"Board."  The State Board of Social Workers, Marriage and

Family Therapists and Professional Counselors under the Bureau

of Professional and Occupational Affairs within the Department

of State.

"Clinical mental health services."  The provision of

therapeutic skills, knowledge and activities, by those licensed

under this act, in the differential diagnosis and treatment of

psychosocial function, disability, disturbances or maladaptive

behavior including addictions, emotional, mental and behavioral

disorders.

 "Commissioner."  The Commissioner of Professional and

Occupational Affairs.

"Licensed clinical social worker."  A social worker who holds

a current clinical license under this act.

"Licensed marriage and family therapist."  An individual who

engages in or offers to engage in the practice of marriage and

family therapy and who holds a current license under this act.

"Licensed professional counselor."  An individual who engages

in the practice of professional counseling and who holds a

current license under this act.

"Licensed social worker."  A social worker who holds a

current license under this act.

"Practice of clinical social work."  [Holding oneself out to

the public by any title or description of services incorporating

the term "licensed clinical social worker" or using any words or

symbols indicating or tending to indicate that one is a licensed

clinical social worker and under such description offering to

render or rendering a service in which a special knowledge of

social resources, human personality and capabilities and

therapeutic techniques is directed at helping people to achieve

adequate and productive personal, interpersonal and social

adjustments in their individual lives, in their families and in

their community. The term includes person and environment

perspectives, systems theory and cognitive/behavioral theory, to

the assessment and treatment of psychosocial disability and

impairment, including mental and emotional disorders,

developmental disabilities and substance abuse. The term

includes the application of social work methods and theory. The

term includes the practice of social work plus additional

concentrated training and study as defined by the board by

regulation.] The use of scientific and applied knowledge,

theories, and methods for the purpose of describing, preventing,

evaluating and treating individual, couple, marital, family or

group behavior, based on the person-in-environment perspective

of psychosocial development, normal and abnormal behavior,

psychopathology, unconscious motivation, interpersonal

relationships, environmental stress, differential assessment,

differential planning and data gathering. The purpose of such

services is the prevention and treatment of undesired behavior

and enhancement of mental health. The practice of clinical

social work includes methods used to evaluate, assess, diagnose,

treat, and prevent emotional and mental disorders, addiction,

dysfunctions, whether cognitive, affective or behavioral, and

behavioral disorders.

"Practice of marriage and family therapy."  The professional

application of psychotherapeutic and family systems theories and

techniques to the evaluation, assessment, diagnosis and

treatment of mental and emotional disorders, whether cognitive,

affective or behavioral. The term includes the evaluation and

assessment of mental and emotional disorders in the context of

significant interpersonal relationships and the delivery of

psychotherapeutic services to individuals, couples, families and

groups for the purpose of treating such disorders.

"Practice of professional counseling."  Includes, to the

extent compatible with a practitioner's education and

professional competence, all of the following:

(1)  The application of principles and practices of

counseling, mental health and human development to evaluate

and facilitate human growth and adjustment throughout the

life span and to prevent and treat mental, emotional or

behavioral disorders and associated stresses which interfere

with mental health and normal human growth and development.

(2)  The evaluation, diagnosis and assessment of normal

and abnormal mental, emotional, social, educational,

vocational, family and behavioral functioning throughout the

life span; individual, group, family counseling and

psychotherapy; crisis intervention, career counseling and

educational and vocational counseling; functional assessment

of persons with disabilities; and professional consulting.

(3)  Professional counselors' utilization of verbal and

nonverbal approaches and specialization in the use of arts-

based therapeutic approaches, such as art, dance, music or

drama, to accomplish treatment objectives.

"Practice of social work." Offering to render or rendering a

service in which a special knowledge of social resources, human

personality and capabilities and therapeutic techniques is

directed at helping people to achieve adequate and productive

personal, interpersonal and social adjustments in their

individual lives, in their families and in their community or

holding oneself out to the public by any title or description of

services incorporating the term "social worker" or using any

words or symbols indicating or tending to indicate that one is a

social worker, except as otherwise provided by this act. 

"Provisional licensed social worker."  A social worker who

holds a current provisional license under this act.

"Social worker."  A person who holds a current license under

this act or has received a bachelor's, master's or doctoral

degree from an accredited school or program of social work or

social welfare.

Section 2.  Sections 4, 10, 16, 16.1, 16.2 and 16.3 of the

act, amended or added December 21, 1998 (P.L.1017, No.136), are

amended to read:

Section 4.  License required.

It shall be unlawful for any person to hold himself or

herself forth as a licensed social worker, licensed clinical

social worker, licensed marriage and family therapist or

licensed professional counselor or to practice psychotherapy 

unless he or she shall first have obtained a license pursuant to

this act.

Section 10.  Reciprocity.

(a)  General rule.--The board shall have the power to grant a

reciprocal license to an applicant who is licensed or certified

as a social worker, clinical social worker, marriage and family

therapist or professional counselor in another state and has

demonstrated qualifications which equal or exceed those required

pursuant to this act in the determination of the board, provided

that no license shall be granted under this section to an

applicant unless the state in which the applicant is licensed

affords reciprocal treatment to persons who are residents of

this Commonwealth and who are licensed pursuant to this act.

(b)  Emergencies.--The board shall have the power to allow

individuals who are licensed or certified as a social worker,

clinical social worker, marriage and family therapist or

professional counselor in another state to practice in this

Commonwealth without licensure for no more than 60 days as part

of a relief effort related to a state of emergency as declared

by the Governor or Federal Government.

Section 16.  Restrictions on the use of title "Licensed Social

Worker."

Only individuals who have received licenses as licensed

social workers under this act may style themselves as licensed

social workers and use the letters "L.S.W." in connection with

their names, and it shall be unlawful for an individual to style

himself or herself as a licensed social worker, advertise or

offer to engage in the practice of social work or use any words

or symbols indicating or tending to indicate that he or she is a

licensed social worker without holding a license in good

standing under this act.

Section 16.1.  Restriction on the use of title "Licensed

Clinical Social Worker."

Only individuals who have received licenses as licensed

clinical social workers under this act may style themselves as

licensed clinical social workers and use the letters "L.C.S.W."

in connection with their names. It shall be unlawful for an

individual to style oneself as a licensed clinical social

worker, advertise or offer to engage in the practice of clinical

social work or use any words or symbols indicating or tending to

indicate that the individual is a licensed clinical social

worker without holding a license in good standing under this

act.

Section 16.2.  Restriction on the use of title "Licensed

Marriage and Family Therapist."

Only individuals who have received licenses as licensed

marriage and family therapists under this act may style

themselves as licensed marriage and family therapists and use

the letters "L.M.F.T." in connection with their names. It shall

be unlawful for an individual to style oneself as a licensed

marriage and family therapist, advertise or offer to engage in

the practice of marriage and family therapist or use any words

or symbols indicating or tending to indicate that the individual

is a licensed marriage and family therapist without holding a

license in good standing under this act.

Section 16.3.  Restriction on the use of title "Licensed

Professional Counselor."

Only individuals who have received licenses as licensed

professional counselors under this act may style themselves as

licensed professional counselors and use the letters "L.P.C." in

connection with their names. It shall be unlawful for an

individual to style oneself as a licensed professional

counselor, advertise or offer to engage in the practice of

professional counselor or use any words or symbols indicating or

tending to indicate that the individual is a licensed

professional counselor without holding a license in good

standing under this act.

Section 3.  The act is amended by adding a section to read:

Section 16.4  Unlicensed practice prohibited.

No person shall practice as a licensed social worker,

licensed clinical social worker, licensed marriage and family

therapist or licensed professional counselor in this

Commonwealth unless the person holds a valid license to do so as

provided in this act. The provisions of this section shall not

apply to the following persons:

(1)  A person who is currently licensed, certified or

regulated pursuant to another professional licensure law of

this Commonwealth and who provides services within the

person's scope of practice.

(2)  A person authorized to perform these services

pursuant to the Federal laws as an employee of the government

of the United States of America.

(3)  A rabbi, priest, minister or member of the clergy of

any religious denomination or sect if the activities and

services that person performs are within the scope of the

performance of the regular or specialized ministerial duties

of an established and legally recognizable church,

denomination or sect and the person performing the services

remains accountable to the established authority of the

church, denomination or sect.

(4)  A person employed by the Commonwealth prior to the

effective date of this section may continue to deliver mental

health services as permitted by the person's current employee

classification.

(5)  A student, intern or trainee who is pursuing a

course of study in a master degree program in social work,

counseling, marriage and family therapy or a doctoral program

in psychology at an accredited institution of higher

education or training institution if the person's activities

are performed under qualified supervision and are part of the

person's supervised course of study.

(6)  An individual who has earned an educational degree

required for licensure under this act working under the

supervision of an individual licensed as a psychologist,

psychiatrist, social worker, clinical social worker, marriage

and family therapist or professional counselor while that

individual meets the requirements necessary for licensure.

Section 4.  Section 17 of the act is amended to read:

Section 17.  Penalties.

(a)  Criminal penalties.--A person who violates this act

commits a misdemeanor of the third degree and shall, upon

conviction, be sentenced to pay a fine of up to $1,000 or to

imprisonment for not more than 90 days, or both.

(a.1) Unlicensed practice of clinical mental health

services.--

(1)  A person who violates this act or regulations of the

board by engaging in the unlicensed practice of clinical

mental health services or claiming to be licensed to practice

clinical mental services under this act commits a misdemeanor

of the third degree and, in addition, is subject to a civil

penalty of not more than $500 for each offense. Each day that

a violation is committed constitutes a separate offense.

(2)  All fees received for services described in this

subsection shall be refunded by the person convicted under

this subsection.

(3)  The board may sanction a person's failure to timely

renew a license while continuing to engage in the practice of

clinical mental health services as an administrative

violation rather than as a violation of this subsection or

grounds for unprofessional conduct and may impose a civil

penalty of not more than $1,000.

(b)  Civil penalty.--In addition to any other civil remedy or

criminal penalty provided for in this act, the board, by a vote

of the majority of the maximum number of the authorized

membership of the board as provided by law, or by a vote of the

majority of the duly qualified and confirmed membership or a

minimum of three members, whichever is greater, may levy a civil

penalty of up to $1,000 on any current licensee who violates any

provision of this act or on any person who engages in the

practice of or holds himself or herself out as a licensed social

worker, licensed clinical social worker, licensed marriage and

family therapist or licensed professional counselor without

being so licensed pursuant to this act. The board shall levy

this penalty only after affording the accused party the

opportunity for a hearing, as provided in Title 2 of the

Pennsylvania Consolidated Statutes (relating to administrative

law and procedure).

(c)  Disposition.--All fines and civil penalties imposed in

accordance with this section shall be paid into the Professional

Licensure Augmentation Account.

Section 5.  Section 20(a) of the act, amended December 21,

1998 (P.L.1017, No.136), is amended to read:

Section 20.  Unlawful practice.

(a)  Unlawful practice prohibited.--It shall be unlawful for

any person to engage in the practice of or hold himself or

herself out as a licensed social worker, licensed clinical

social worker, licensed marriage and family therapist [and] or

licensed professional counselor without possessing a valid,

unexpired, unrevoked and unsuspended license issued under this

act.

* * *

Section 6.  This act shall take effect in 120 days.