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

AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF REPRESENTATIVES, AS AMENDED, JANUARY 26, 2010   

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 

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qualifications for license, for reciprocity, for restrictions

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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

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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

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holds a current clinical license under this act] An individual

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who engages in or offers to engage in the practice of clinical

social work and who holds a current 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

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engages in the practice of professional counseling and who holds

a current license under this act] An individual who engages in

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or offers to engage in the practice of professional counseling

and who holds a current license under this act.

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

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current license under this act] An individual who engages in or

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offers to engage in the practice of licensed social work and 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 independent scientific and applied

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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 mental or

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emotional behavior and enhancement of mental health. The

practice of clinical social work includes psychotherapeutic 

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methods used to evaluate, assess, diagnose, treat, and prevent

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emotional and mental disorders, addiction, and dysfunctions,

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whether cognitive, affective or behavioral, and behavioral

disorders.

"Practice of licensed social work."  Professional application

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by those holding a social work license under this act whose

professional applications include theories, principles and

methods to prevent, examine, formulate and implement a plan of

action based on client needs and strengths and intervene to

address mental, social, emotional, behavioral, developmental and

addictive disorders, conditions and disabilities, as well as

address the psychosocial aspects of illness and injury

experienced by individuals, couples, families, groups,

communities, organizations and society. Licensed social work may

also include engaging in the administration and assessment of

psychosocial functioning, social work advocacy, case management,

counseling, consultation, research, administration and

management and teaching.

"Practice of marriage and family therapy."  The professional

application of psychotherapeutic and family systems theories and

techniques to the evaluation, assessment, diagnosis and

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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

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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

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directed at helping [people] individuals, groups or communities 

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to achieve adequate and productive personal, interpersonal and

social adjustments in their individual lives, in their families

and in their community [or] and holding oneself out to the

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public by any title or description of services incorporating the

term "social worker" or practicing social work or using any

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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 7(e)(3) and (f)(3), 10, 16, 16.1, 16.2

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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.

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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 7.  Qualifications for license.

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(e)  Marriage and family therapist license.--An applicant

shall be qualified to hold oneself out as a licensed marriage

and family therapist if the applicant submits proof satisfactory

to the board that all of the following apply:

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(3)  The applicant has complied with the experience

requirement as follows:

(i)  An individual meeting the educational

requirements of paragraph (2)(i) or (ii) must have

completed at least three years or [3,600] 3,000 hours of

supervised clinical experience, acceptable to the board

as determined by regulation, obtained after the

completion of 48 semester hours or 72 quarter hours of

graduate coursework.

(ii)  An individual meeting the educational

requirements of paragraph (2)(iii) must have completed at

least two years or 2,400 hours of supervised clinical

experience, acceptable to the board as determined by

regulation, one year or 1,200 hours of which was obtained

subsequent to the granting of the doctoral degree.

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(f) Professional counselors license.--An applicant is

qualified for a license to hold oneself out as a licensed

professional counselor if the applicant submits proof

satisfactory to the board that all of the following apply:

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(3)  The applicant has complied with the experience

requirements as follows:

(i)  An individual meeting the educational

requirements of paragraph (2)(i) or (ii) must have

completed at least three years or [3,600] 3,000 hours of

supervised clinical experience, acceptable to the board

as determined by regulation, obtained after the

completion of 48 semester hours or 72 quarter hours of

graduate coursework.

(ii)  An individual meeting the educational

requirements of paragraph (2)(iii) must have completed at

least two years or 2,400 hours of supervised clinical

experience, acceptable to the board as determined by

regulation, one year or 1,200 hours of which was obtained

subsequent to the granting of the doctoral degree.

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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 licensed social work or use

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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 therapy or use any

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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 counseling or use any words or symbols

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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 sections 

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to read:

Section 16.4  Unlicensed practice prohibited.

No person shall practice as a licensed social worker,

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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)

No person shall engage in the practice of licensed social

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work, clinical social work, marriage and family therapy or

professional counseling 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 holds a valid license or is certified

or regulated pursuant to another professional licensure law

or State certification of this Commonwealth and who provides

services within the person's scope of practice or employment

functions, which shall include a student, intern or trainee

pursuing a course of study in an occupation or profession

governed by another professional licensure law or State

certification of this Commonwealth.

(2)  A supervisee providing psychological services under

the act of March 23, 1972 (P.L.136, No.52), known as the

Professional Psychologists Practice Act.

(3)  A person authorized to perform these services

pursuant to the Federal laws as an employee of the government

of the United States of America.

(4)  A member of other recognized professions, including

clergy, drug and alcohol abuse counselors, mental health

counselors, crisis intervention counselors, pastoral

counselors, rehabilitation counselors, case managers and

psychoanalysts, doing work consistent with the training and

code of ethics of their respective professions.

(5)  A person employed by the Commonwealth or any of its

political subdivisions as permitted by the person's employee

classification.

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

course of study in a program in social work, counseling,

marriage and family therapy or 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.

(7)  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.

(8)  A person whose job is regulated by statutes or

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regulations, or official bulletins, official opinions or

other similar documents issued by the Federal or State

government or a branch thereof.

(9)  Employees of business and industrial organizations

who apply the principles of psychology to the employment

placement, evaluation, selection, promotion or job adjustment

of their own officers or employees or those of any associated

organization. No business or industrial firm or corporation

may sell or offer to the public or to individuals or to other

firms or corporations for remuneration any psychological acts

or services unless such services are performed by individuals

duly and appropriately licensed.

(10)  A school psychologist certified by the Department

of Education, including a school psychologist performing in

private practice those acts which he is permitted to perform

in the public and private schools of this Commonwealth.

(11)  A volunteer providing services in a Federal or

State-declared emergency.

Section 16.5. Qualified members of other recognized professions.

(a)  Recognized professions.--For purposes of deciding

whether a given group qualifies as a recognized profession under

section 16.4(4), the board shall be guided by the following

criteria:

(1)  The group's activity and focus must be based on an

identifiable body of theoretical knowledge which, although it

may include areas of common knowledge shared with social

work, marriage and family therapy and professional

counseling, is demonstrably different, in the aggregate, from

the body of theoretical knowledge underlying social work,

marriage and family therapy and professional counseling.

(2)  The group must regulate entrance into professional

membership by means of standards of knowledge, training and

proficiency generally accepted by the profession with which

it identifies.

(3)  The group's activity must be guided by generally

accepted quality standards, ethical principles and

requirements for an independent profession.

(4)  The group must exhibit the ordinary accoutrements of

a profession, which may include professional journals,

regional and national conferences, specific academic

curricula and degrees, continuing education opportunities,

regional and national certification and awards for

outstanding practice within the profession.

(b)  Qualified members.--For purposes of deciding whether a

person doing work under section 16.4(4) is a qualified member of

a recognized profession, the board shall consider whether the

person is in compliance with the academic, training and

proficiency standards of the profession.

(c)  Scope of practice.--For purposes of deciding whether a

person doing work under section 16.4(4) is practicing only

within the scope of the recognized profession, the board shall

consider whether the professional activities engaged in are

generally accepted within the profession as part of its practice

and are consistent with the training and code of ethics of the

profession.

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

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Section 17.  Penalties.

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

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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.

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(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

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accordance with this section shall be paid into the Professional

Licensure Augmentation Account.

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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.

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Section 6.  The State Board of Social Workers, Marriage and

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Family Therapists and Professional Counselors shall promulgate

regulations to carry out this act. Publication of the final-form

regulations under this section shall take place within 18 months

of the effective date of this section.

Section 6 7.  This act shall take effect in 120 days.

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