THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GIBBONS, SEIP, BRADFORD, FRANKEL, MELIO, MUNDY, PASHINSKI, PAYTON, SIPTROTH, STERN, STURLA AND YOUNGBLOOD, OCTOBER 29, 2009

REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, OCTOBER 29, 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 legislative intent, for definitions, for

licensure, for the licensing agency and its functions, for

licensure qualifications and procedure, for reciprocity and

for license reinstatement; providing for restrictions on use

of title "Licensed Bachelor Social Worker"; and further

proscribing unlawful practice.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2 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), is amended to read:

Section 2.  Legislative intent.

The practice of social work, marriage and family therapy and

professional counseling within this Commonwealth is hereby

declared to affect the public safety and welfare and to be

subject to regulation and control in the public interest to

protect the public from unprofessional, improper, unauthorized

and unqualified practice of licensed bachelor social work, 

licensed social work, licensed clinical social work, licensed

marriage and family therapy and licensed professional

counseling. This act regulates only those who hold themselves

out as licensed bachelor social workers, licensed social

workers, licensed clinical social workers, licensed marriage and

family therapists or as licensed professional counselors.

[Acquisition of a license under this act shall not be made a

condition of the employment of a person by the Commonwealth or

any of its political subdivisions or by nonprofit agencies.]

Section 2.  Section 3 of the act is amended by adding

definitions 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:

* * *

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

a current license under this act.

* * *

"Practice of bachelor social work."  The application of

social work theory, knowledge, methods, ethics and the

professional use of self to restore or enhance social or

psychosocial functioning of individuals, couples, families,

groups, organizations or communities. Bachelor social work

includes planning, intervention, case management, information

and referral, counseling, supervision, consultation, education,

advocacy, community organization and the development,

implementation and administration of policies, programs and

activities.

* * *

Section 3.  Section 4 of the act, amended December 21, 1998

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

Section 4.  License required.

It shall be unlawful for any person to hold himself or

herself forth as a licensed bachelor social worker, licensed

social worker, licensed clinical social worker, licensed

marriage and family therapist or licensed professional counselor

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

this act.

Section 4.  Section 5(a) and (l) of the act, amended December

21, 1998 (P.L.1017, No.136), are amended and the section is

amended by adding a subsection to read:

Section 5.  State Board of Social Workers, Marriage and Family

Therapists and Professional Counselors.

(a)  Creation.--There is hereby created the State Board of

Social Workers, Marriage and Family Therapists and Professional

Counselors, a departmental administrative board in the

Department of State. The board shall consist of [13] 14 members

who are citizens of the United States and who have been

residents of this Commonwealth for a two-year period, two of

whom shall be public members; five of whom shall be licensed

social workers, at least one of whom shall be a licensed

clinical social worker [and], at least one of whom shall be a

licensed social worker and at least one of whom shall be a

licensed bachelor social worker; two of whom shall be licensed

marriage and family therapists; two of whom shall be licensed

professional counselors; one of whom shall be either a licensed

marriage and family therapist or a licensed professional

counselor as hereafter provided; one of whom shall be a

representative of the Office of Attorney General; and one of

whom shall be the Commissioner of Professional and Occupational

Affairs.

* * *

(c.1)  Appointment of licensed bachelor social worker.--

Within 90 days after the effective date of this subsection, the

Governor shall nominate one professional member to serve as a

bachelor social worker on the board to serve a three-year term.

The bachelor social worker initially appointed to the board

pursuant to this section need not have successfully completed

the licensure examination adopted by the board but, at the time

of appointment, must have satisfied the educational and

experience requirements of this act for licensed bachelor social

worker.

* * *

(l)  Operating procedures.--The board shall meet within 30

days after the appointment of its new members and set up

operating procedures and develop application forms for licensing

bachelor social workers, clinical social workers, marriage and

family therapists and professional counselors. It shall be the

responsibility of the board to circulate these forms and educate

the public to the requirements of licensing in order to hold

oneself out as a licensed bachelor social worker, licensed

social worker, licensed clinical social worker, licensed

marriage and family therapist or licensed professional counselor

within the Commonwealth.

Section 5.  Section 6 of the act, amended December 21, 1998

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

Section 6.  Powers and functions of board.

The board shall have the following powers:

(1)  To pass upon the qualifications and fitness of

applicants for licenses and reciprocal licenses and to adopt

and revise rules and regulations requiring applicants to pass

examinations relating to their qualifications as a

prerequisite to the issuance of a license.

(2)  To adopt and, from time to time, revise such rules

and regulations as may be necessary to carry into effect the

provisions of this act. Such regulations may include, but

shall not be limited to, standards of professional practice

and conduct for licensed bachelor social workers, licensed

social workers, licensed clinical social workers, licensed

marriage and family therapists and licensed professional

counselors in Pennsylvania.

(3)  To examine for, deny, approve, issue, revoke,

suspend or renew licenses of bachelor social workers, social

workers, clinical social workers, marriage and family

therapists and professional counselors pursuant to this act

and to conduct hearings in connection therewith.

(4)  To conduct hearings upon complaints concerning

violations of the provisions of this act and the rules and

regulations adopted pursuant to this act and seek the

prosecution and enjoinder of all such violations.

(5)  To expend moneys necessary to the proper carrying

out of its assigned duties.

(6)  To waive examination and grant a license in cases

deemed exceptional by the board and in accordance with

regulations promulgated by the board.

(7)  To submit annually a report to the Professional

Licensure Committee of the House of Representatives and the

Consumer Protection and Professional Licensure Committee of

the Senate containing a description of the types of

complaints received, status of the cases, board action which

has been taken and length of time from the initial complaint

to final board resolution.

(8)  To submit annually to the Appropriations Committees

of the House of Representatives and the Senate, 15 days after

the Governor has submitted his budget to the General

Assembly, a copy of the budget request for the upcoming

fiscal year which the board previously submitted to the

Department of State.

Section 6.  Section 7 of the act is amended by adding a

subsection to read:

Section 7.  Qualifications for license.

* * *

(g)  Bachelor social work license.--An applicant shall be

qualified for a license to hold oneself out as a licensed

bachelor social worker, provided the applicant submits proof

satisfactory to the board that:

(1)  The applicant:

(i)  Is of good moral character.

(ii)  Has received a bachelor's degree from an

accredited school of social work or social welfare.

(iii)  Has passed an examination duly adopted by the

board.

(iv)  Agrees to adhere to the National Association of

Social Workers' Professional Code of Ethics pertaining to

the delivery of direct practice social services.

(2)  The application is accompanied by the application

fee.

(3)  The applicant has not been convicted of a felony

under The Controlled Substance, Drug, Device and Cosmetic Act

or of an offense under the laws of another jurisdiction,

which, if committed in this Commonwealth would be a felony

under The Controlled Substance, Drug, Device and Cosmetic

Act, unless:

(i)  at least ten years have elapsed from the date of

conviction;

(ii)  the applicant satisfactorily demonstrates to

the board that the applicant has made significant

progress in personal rehabilitation since the conviction,

such that licensure of the applicant should not be

expected to create a substantial risk of harm to the

health and safety of the applicant's clients or the

public or a substantial risk of further criminal

violations; and

(iii)  the applicant otherwise satisfies the

qualifications contained in or authorized by this act.

As used in this paragraph, the term "convicted" shall include

a judgment, an admission of guilt or a plea of nolo

contendere.

Section 7.  Sections 8, 10 and 12 of the act, amended

December 21, 1998 (P.L.1017, No.136), are amended to read:

Section 8.  Procedures for licensing.

(a)  Affidavit required.--Each application form for an

applicant submitted to the board for examination or licensure

shall have attached as part of the form an affidavit or

affirmation for the applicant to complete as to the veracity of

the information on the application.

(b)  Issuance of license.--The board shall issue to each

person who meets the licensure requirements of this act a

certificate setting forth that such person is licensed to hold

himself or herself out as a licensed bachelor social worker, a

licensed social worker, a provisional social worker, a licensed

clinical social worker, a licensed marriage and family therapist

or a licensed professional counselor.

Section 10.  Reciprocity.

The board shall have the power to grant a reciprocal license

to an applicant who is licensed or certified as a bachelor

social worker, 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.

Section 12.  Reinstatement of license.

Unless ordered to do so by Commonwealth Court or an appeal

therefrom, the board shall not reinstate the license of a person

to practice as a bachelor social worker, social worker, clinical

social worker, marriage and family therapist or professional

counselor pursuant to this act, which has been revoked. Any

person whose license has been revoked may apply for

reinstatement, after a period of at least five years, but must

meet all of the licensing qualifications of this act, including

the examination requirement, if he or she desires to practice as

a bachelor social worker, social worker, clinical social worker,

marriage and family therapist or professional counselor pursuant

to this act at any time after such revocation.

Section 8.  The act is amended by adding a section to read:

Section 16.4.  Restrictions on use of title "Licensed Bachelor

Social Worker."

Only individuals who have received licenses as licensed

bachelor social workers under this act may style themselves as a

licensed bachelor social worker and use the letters "L.B.S.W."

in connection with their names, and it shall be unlawful for an

individual to style himself or herself as a licensed bachelor

social worker or use any words or symbols indicating or tending

to indicate that the individual is a licensed bachelor social

worker without holding a license in good standing under this

act.

Section 9.  Section 20 of the act, amended December 21, 1998

(P.L.1017, No.136) and July 9, 2008 (P.L.929, No.68), is amended

to read:

Section 20.  Unlawful practice.

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

any person to hold himself or herself out as a licensed bachelor

social worker, licensed social worker, licensed clinical social

worker, marriage and family therapist and professional counselor

without possessing a valid, unexpired, unrevoked and unsuspended

license issued under this act.

(a.1)  Title.--It shall be unlawful for an individual to hold

oneself out as a social worker, use the title of "social worker"

or use the abbreviation of "S.W." without meeting the definition

of "social worker." This subsection includes advertising as a

social worker and adopting or using any title or description of

services incorporating the term "social worker" and their

related abbreviations, which implies directly or indirectly that

the individual is a social worker. This subsection shall not

apply to the following individuals:

(1)  An individual employed by the Commonwealth in a

social work position on the effective date of this

subsection, during the time of employment by the

Commonwealth.

(2)  An individual employed as a school social worker in

a public or private school in this Commonwealth on or before

the effective date of this subsection, during the time of

employment as a school social worker.

(b)  Injunction.--Unlawful practice may be enjoined by the

courts upon petition of the commissioner or the board. In any

proceeding under this section, it shall not be necessary to show

that any person is individually injured by the actions

complained of. If the court finds that the respondent has

violated this section, it shall enjoin him or her from so

practicing until he or she has been duly licensed. Procedure in

such cases shall be the same as in any other injunction suit.

(c)  Remedy cumulative.--The injunctive remedy provided in

this section shall be in addition to any other civil or criminal

prosecution and punishment.

Section 10.  This act shall take effect in 180 days.