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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY McILHINNEY, ERICKSON, FONTANA, SCARNATI, D. WHITE, TARTAGLIONE, LEACH, WAUGH, MENSCH, SOLOBAY, FERLO, GREENLEAF, FOLMER AND FARNESE, APRIL 1, 2011 |
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| REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, APRIL 1, 2011 |
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| AN ACT |
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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 definitions, for license required, for State |
5 | Board of Social Workers, Marriage and Family Therapists and |
6 | Professional Counselors, for powers and functions of board, |
7 | for qualifications for license, for procedures for licensing, |
8 | for reciprocity, for reinstatement of license, for |
9 | restrictions on the use of title "Licensed Social Worker," |
10 | for restriction on the use of title "Licensed Clinical Social |
11 | Worker," for restriction on the use of title "Licensed |
12 | Marriage and Family Therapist" and for restriction on the use |
13 | of title "Licensed Professional Counselor"; providing for |
14 | restrictions on use of title "Licensed Bachelor Social |
15 | Worker" and for unlicensed practice prohibited; and further |
16 | providing for penalties and for unlawful practice. |
17 | The General Assembly of the Commonwealth of Pennsylvania |
18 | hereby enacts as follows: |
19 | Section 1. Section 3 of the act of July 9, 1987 (P.L.220, |
20 | No.39), known as the Social Workers, Marriage and Family |
21 | Therapists and Professional Counselors Act, amended December 21, |
22 | 1998 (P.L.1017, No.136), February 13, 2002 (P.L.83, No.4) and |
23 | July 9, 2008 (P.L.929, No.68), is amended to read: |
24 | Section 3. Definitions. |
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1 | The following words and phrases when used in this act shall |
2 | have the meanings given to them in this section unless the |
3 | context clearly indicates otherwise: |
4 | "Application of social work methods and theory." Includes |
5 | psychosocial assessment, crisis intervention, case management, |
6 | client-centered advocacy, psychotherapy and family therapy with |
7 | individuals, couples, families and groups in an effort to |
8 | prevent or ameliorate family and personal dysfunction at home, |
9 | at work and in the community. |
10 | "Board." The State Board of Social Workers, Marriage and |
11 | Family Therapists and Professional Counselors under the Bureau |
12 | of Professional and Occupational Affairs within the Department |
13 | of State. |
14 | "Commissioner." The Commissioner of Professional and |
15 | Occupational Affairs. |
16 | "Licensed bachelor social worker." An individual who engages |
17 | in or offers to engage in the practice of bachelor social work |
18 | and who holds a current license under this act. |
19 | "Licensed clinical social worker." [A social worker who |
20 | holds a current clinical license under this act.] An individual |
21 | who engages in or advertises to engage in the practice of |
22 | clinical social work and who holds a current license under this |
23 | act. |
24 | "Licensed marriage and family therapist." [An individual who |
25 | engages in or offers to engage in the practice of marriage and |
26 | family therapy and who holds a current license under this act.] |
27 | An individual who engages in or advertises to engage in the |
28 | practice of marriage and family therapy and who holds a current |
29 | license under this act. |
30 | "Licensed professional counselor." [An individual who |
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1 | engages in the practice of professional counseling and who holds |
2 | a current license under this act.] An individual who engages in |
3 | or advertises to engage in the practice of professional |
4 | counseling and who holds a current license under this act. |
5 | "Licensed social worker." [A social worker who holds a |
6 | current license under this act.] An individual who engages in or |
7 | advertises to engage in the practice of licensed social work and |
8 | who holds a current license under this act. |
9 | "Practice of bachelor social work." Holding oneself out to |
10 | the public by any title or description of services incorporating |
11 | the term "licensed bachelor social worker," or using any words |
12 | or symbols indicating or tending to indicate that the individual |
13 | is a licensed bachelor social worker; the application of social |
14 | work theory, knowledge, methods, ethics and the professional use |
15 | of self to restore or enhance social or psychosocial functioning |
16 | of individuals, couples, families, groups, organizations or |
17 | communities; and basic generalist practice that includes |
18 | planning, intervention, case management, information and |
19 | referral, crisis counseling, advocacy, community organization |
20 | and the development and implementation of policies, programs and |
21 | activities. |
22 | "Practice of clinical social work." [Holding oneself out to |
23 | the public by any title or description of services incorporating |
24 | the term "licensed clinical social worker" or using any words or |
25 | symbols indicating or tending to indicate that one is a licensed |
26 | clinical social worker and under such description offering to |
27 | render or rendering a service in which a special knowledge of |
28 | social resources, human personality and capabilities and |
29 | therapeutic techniques is directed at helping people to achieve |
30 | adequate and productive personal, interpersonal and social |
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1 | adjustments in their individual lives, in their families and in |
2 | their community. The term includes person and environment |
3 | perspectives, systems theory and cognitive/behavioral theory, to |
4 | the assessment and treatment of psychosocial disability and |
5 | impairment, including mental and emotional disorders, |
6 | developmental disabilities and substance abuse. The term |
7 | includes the application of social work methods and theory. The |
8 | term includes the practice of social work plus additional |
9 | concentrated training and study as defined by the board by |
10 | regulation.] The independent application of specialized |
11 | psychotherapeutic theories, methods and knowledge and advanced |
12 | clinical skills and ethics in the differential evaluation and |
13 | treatment of psychosocial function, disability or impairment, |
14 | including addictions and emotional, mental and behavioral |
15 | disorders. The treatment of individuals, couples, families, |
16 | groups and communities is based on knowledge of the person-in- |
17 | situation perspective of psychosocial development, normal and |
18 | abnormal behavior, psychopathology, unconscious motivation, |
19 | intrapersonal processes, interpersonal relationships, |
20 | environmental stress and trauma, differential assessment and |
21 | planning and data gathering. The purpose of these services is |
22 | the prevention and treatment of mental or emotional dysfunction |
23 | and enhancement of mental health and secure relationships for |
24 | individuals, couples, families, groups and communities. The term |
25 | includes, but is not limited to, psychotherapy. The term also |
26 | includes counseling, behavior modification, consultation, |
27 | supervision, client-centered advocacy, crisis intervention and |
28 | the provision of needed information and education to clients |
29 | when using methods of a psychotherapeutic nature to evaluate, |
30 | assess, treat and prevent emotional and mental disorders and |
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1 | dysfunctions, whether cognitive, affective, behavioral or |
2 | relationship, behavioral disorders, alcoholism or substance |
3 | abuse. The term may also include teaching and clinical research |
4 | into more effective psychotherapeutic modalities for the |
5 | treatment and prevention of such conditions. |
6 | "Practice of licensed social work." Professional application |
7 | by those holding a social work license under this act whose |
8 | professional applications include theories, principles and |
9 | methods to prevent, examine, formulate and implement a plan of |
10 | action based on client needs and strengths and intervene to |
11 | address mental, social, emotional, behavioral, developmental and |
12 | addictive disorders, conditions and disabilities, as well as |
13 | address the psychosocial aspects of illness and injury |
14 | experienced by individuals, couples, families, groups, |
15 | communities, organizations and society. The term may also |
16 | include engaging in the administration and assessment of |
17 | psychosocial functioning, social work advocacy, case management, |
18 | counseling, consultation, research, administration and |
19 | management and teaching. |
20 | "Practice of marriage and family therapy." The professional |
21 | application of psychotherapeutic and family systems theories and |
22 | techniques to the evaluation, assessment and treatment of mental |
23 | and emotional disorders, whether cognitive, affective or |
24 | behavioral. The term includes the evaluation and assessment of |
25 | mental and emotional disorders in the context of significant |
26 | interpersonal relationships and the delivery of |
27 | psychotherapeutic services to individuals, couples, families and |
28 | groups for the purpose of treating such disorders. |
29 | "Practice of professional counseling." Includes, to the |
30 | extent compatible with a practitioner's education and |
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1 | professional competence, all of the following: |
2 | (1) The application of principles and practices of |
3 | counseling, mental health and human development to evaluate |
4 | and facilitate human growth and adjustment throughout the |
5 | life span and to prevent and treat mental, emotional or |
6 | behavioral disorders and associated stresses which interfere |
7 | with mental health and normal human growth and development. |
8 | (2) The evaluation and assessment of normal and abnormal |
9 | mental, emotional, social, educational, vocational, family |
10 | and behavioral functioning throughout the life span; |
11 | individual, group, family counseling and psychotherapy; |
12 | crisis intervention, career counseling and educational and |
13 | vocational counseling; functional assessment of persons with |
14 | disabilities; and professional consulting. |
15 | (3) Professional counselors' utilization of verbal and |
16 | nonverbal approaches and specialization in the use of arts- |
17 | based therapeutic approaches, such as art, dance, music or |
18 | drama, to accomplish treatment objectives. |
19 | "Practice of social work." Offering to render or rendering a |
20 | service in which a special knowledge of social resources, human |
21 | personality and capabilities [and therapeutic techniques] is |
22 | directed at helping [people] individuals, groups, communities or |
23 | systems to achieve adequate and productive personal, |
24 | interpersonal and social adjustments in their individual lives, |
25 | in their families [and], in their community [or] and within |
26 | social service systems and holding oneself out to the public by |
27 | any title or description of services incorporating the term |
28 | "social worker" or practicing social work or using any words or |
29 | symbols indicating or tending to indicate that one is a social |
30 | worker, except as otherwise provided by this act. |
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1 | "Provisional licensed social worker." A social worker who |
2 | holds a current provisional license under this act. |
3 | "Social work services." Professional services delivered by |
4 | an individual holding a bachelor's or master's degree in social |
5 | work or social welfare from a program accredited by the Council |
6 | on Social Work Education. |
7 | "Social worker." A person who holds a current social work |
8 | license under this act or has received a bachelor's, master's or |
9 | doctoral degree from an accredited school or program of social |
10 | work or social welfare. |
11 | Section 2. Section 4 of the act, amended December 21, 1998 |
12 | (P.L.1017, No.136), is amended to read: |
13 | Section 4. License required. |
14 | It shall be unlawful for any person to hold himself or |
15 | herself forth as a licensed social worker, licensed clinical |
16 | social worker, licensed marriage and family therapist [or], |
17 | licensed professional counselor or licensed bachelor social |
18 | worker unless he or she shall first have obtained a license |
19 | pursuant to this act. |
20 | Section 3. Section 5(a) and (l) of the act, amended December |
21 | 21, 1998 (P.L.1017, No.136), are amended and the section is |
22 | amended by adding a subsection to read: |
23 | Section 5. State Board of Social Workers, Marriage and Family |
24 | Therapists and Professional Counselors. |
25 | (a) Creation.--There is hereby created the State Board of |
26 | Social Workers, Marriage and Family Therapists and Professional |
27 | Counselors, a departmental administrative board in the |
28 | Department of State. The board shall consist of [13] 15 members |
29 | who are citizens of the United States and who have been |
30 | residents of this Commonwealth for a two-year period, two of |
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1 | whom shall be public members; [five] six of whom shall be |
2 | licensed social workers, at least one of whom shall be a |
3 | licensed clinical social worker [and], at least one of whom |
4 | shall be a licensed social worker and at least one of whom shall |
5 | be a licensed bachelor social worker; two of whom shall be |
6 | licensed marriage and family therapists; two of whom shall be |
7 | licensed professional counselors; one of whom shall be either a |
8 | licensed marriage and family therapist or a licensed |
9 | professional counselor as hereafter provided; one of whom shall |
10 | be a representative of the Office of Attorney General; and one |
11 | of whom shall be the Commissioner of Professional and |
12 | Occupational Affairs. |
13 | * * * |
14 | (c.1) Appointment of licensed bachelor social worker.-- |
15 | Within 90 days of the effective date of this subsection, the |
16 | Governor shall nominate one professional member to serve as a |
17 | licensed bachelor social worker on the board to serve a three- |
18 | year term. The licensed bachelor social worker initially |
19 | appointed to the board pursuant to this section need not have |
20 | successfully completed the licensure examination adopted by the |
21 | board but, at the time of appointment, must have satisfied the |
22 | educational and experience requirements of this act for licensed |
23 | bachelor social worker. |
24 | * * * |
25 | (l) Operating procedures.--The board shall meet within 30 |
26 | days after the appointment of its new members and set up |
27 | operating procedures and develop application forms for licensing |
28 | bachelor social workers, clinical social workers, marriage and |
29 | family therapists and professional counselors. It shall be the |
30 | responsibility of the board to circulate these forms and educate |
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1 | the public to the requirements of licensing in order to hold |
2 | oneself out as a licensed bachelor social worker, licensed |
3 | social worker, licensed clinical social worker, licensed |
4 | marriage and family therapist or licensed professional counselor |
5 | within the Commonwealth. |
6 | Section 4. Section 6(2) and (3) of the act, amended December |
7 | 21, 1998 (P.L.1017, No.136), are amended to read: |
8 | Section 6. Powers and functions of board. |
9 | The board shall have the following powers: |
10 | * * * |
11 | (2) To adopt and, from time to time, revise such rules |
12 | and regulations as may be necessary to carry into effect the |
13 | provisions of this act. Such regulations may include, but |
14 | shall not be limited to, standards of professional practice |
15 | and conduct for licensed bachelor social workers, licensed |
16 | social workers, licensed clinical social workers, licensed |
17 | marriage and family therapists and licensed professional |
18 | counselors in Pennsylvania. |
19 | (3) To examine for, deny, approve, issue, revoke, |
20 | suspend or renew licenses of bachelor social workers, social |
21 | workers, clinical social workers, marriage and family |
22 | therapists and professional counselors pursuant to this act |
23 | and to conduct hearings in connection therewith. |
24 | * * * |
25 | Section 5. Section 7(d), (e) and (f) of the act, amended |
26 | December 21, 1998 (P.L.1017, No.136) and July 9, 2008 (P.L.929, |
27 | No.68), are amended and the section is amended by adding a |
28 | subsection to read: |
29 | Section 7. Qualifications for license. |
30 | * * * |
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1 | (d) Clinical social work license.--An applicant shall be |
2 | qualified for a license to hold oneself out as a licensed |
3 | clinical social worker if the applicant submits proof |
4 | satisfactory to the board that all of the following apply: |
5 | (1) The applicant is of good moral character. |
6 | (2) The applicant has successfully met both of the |
7 | following requirements: |
8 | (i) Holds a master's degree in social work or social |
9 | welfare or a doctoral degree in social work from an |
10 | accredited school of social work as recognized by the |
11 | board. |
12 | (ii) Is licensed under this act as a social worker. |
13 | (3) The applicant has completed at least [three years |
14 | or] 3,000 hours of supervised clinical experience or holds an |
15 | Academy of Certified Social Workers certificate issued prior |
16 | to January 1, 2001, by the National Association of Social |
17 | Workers or otherwise meets the supervision expectation in a |
18 | fashion acceptable to the board as determined by regulation |
19 | after completion of the master's degree in social work. |
20 | (4) The applicant has passed a clinical social work |
21 | examination adopted by the board. |
22 | (5) The applicant has submitted an application |
23 | accompanied by the application fee. |
24 | (6) The applicant has not been convicted of a felony |
25 | under The Controlled Substance, Drug, Device and Cosmetic Act |
26 | or of an offense under the laws of another jurisdiction |
27 | which, if committed in this Commonwealth, would be a felony |
28 | under The Controlled Substance, Drug, Device and Cosmetic Act |
29 | unless: |
30 | (i) at least ten years have elapsed from the date of |
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1 | conviction; |
2 | (ii) the applicant satisfactorily demonstrated to |
3 | the board that the applicant has made significant |
4 | progress in personal rehabilitation since the conviction |
5 | such that licensure of the applicant should not be |
6 | expected to create a substantial risk of harm to the |
7 | health and safety of clients or the public or a |
8 | substantial risk of further criminal violations; and |
9 | (iii) the applicant otherwise satisfies the |
10 | qualifications contained in or authorized by this act. |
11 | As used in this paragraph, the term "convicted" includes a |
12 | judgment, an admission of guilt or a plea of nolo contendere. |
13 | (e) Marriage and family therapist license.--An applicant |
14 | shall be qualified to hold oneself out as a licensed marriage |
15 | and family therapist if the applicant submits proof satisfactory |
16 | 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 one of the |
19 | following educational requirements: |
20 | (i) Within five years after the board has |
21 | promulgated final regulations, has successfully completed |
22 | a planned program of 60 semester hours or 90 quarter |
23 | hours of graduate coursework which is closely related to |
24 | marriage and family therapy, including a master's degree |
25 | in marriage and family therapy from an accredited |
26 | educational institution or a master's degree in a field |
27 | determined by the board by regulation to be closely |
28 | related to the practice of marriage and family therapy |
29 | from an accredited educational institution, with graduate |
30 | level coursework in marriage and family therapy |
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1 | acceptable to the board from an accredited educational |
2 | institution or from a program recognized by a national |
3 | accrediting agency. |
4 | (ii) Has successfully completed a planned program of |
5 | 60 semester hours or 90 quarter hours of graduate |
6 | coursework which is closely related to marriage and |
7 | family therapy, including a 48-semester-hour or 72- |
8 | quarter-hour master's degree in marriage and family |
9 | therapy from an accredited educational institution or a |
10 | 48-semester-hour or 72-quarter-hour master's degree in a |
11 | field determined by the board by regulation to be closely |
12 | related to the practice of marriage and family therapy |
13 | from an accredited educational institution, with graduate |
14 | level coursework in marriage and family therapy |
15 | acceptable to the board from an accredited educational |
16 | institution or from a program recognized by a national |
17 | accrediting agency. |
18 | (iii) holds a doctoral degree in marriage and family |
19 | therapy from an accredited educational institution or |
20 | holds a doctoral degree in a field determined by the |
21 | board by regulation to be closely related to the practice |
22 | of marriage and family therapy from an accredited |
23 | educational institution with graduate level coursework in |
24 | marriage and family therapy acceptable to the board from |
25 | an accredited educational institution or from a program |
26 | recognized by a national accrediting agency. |
27 | (3) The applicant has complied with the experience |
28 | requirement as follows: |
29 | (i) An individual meeting the educational |
30 | requirements of paragraph (2)(i) or (ii) must have |
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1 | completed at least [three years or 3,600] 3,000 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 violation; and |
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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 | (f) Professional counselors license.--An applicant is |
6 | qualified for a license to hold oneself out as a licensed |
7 | professional counselor if the applicant submits proof |
8 | satisfactory to the board that all of the following apply: |
9 | (1) The applicant is of good moral character. |
10 | (2) The applicant has successfully met one of the |
11 | following educational requirements: |
12 | (i) [Within five years after the board has |
13 | promulgated final regulations] On or before June 30, |
14 | 2008, has successfully completed a planned program of 60 |
15 | semester hours or 90 quarter hours of graduate coursework |
16 | in counseling or a field determined by the board by |
17 | regulation to be closely related to the practice of |
18 | professional counseling, including a master's degree in |
19 | counseling or a field determined by the board by |
20 | regulation to be closely related to the practice of |
21 | professional counseling, from an accredited educational |
22 | institution. |
23 | (ii) Has successfully completed a planned program of |
24 | 60 semester hours or 90 quarter hours of graduate |
25 | coursework in counseling or a field determined by the |
26 | board by regulation to be closely related to the practice |
27 | of professional counseling, including a 48-semester-hour |
28 | or 72-quarter-hour master's degree in counseling or a |
29 | field determined by the board by regulation to be closely |
30 | related to the practice of professional counseling, from |
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1 | an accredited educational institution. |
2 | (iii) Holds a doctoral degree in counseling from an |
3 | accredited educational institution or holds a doctoral |
4 | degree in a field determined by the board by regulation |
5 | to be closely related to the practice of professional |
6 | counseling from an accredited educational institution. |
7 | (3) The applicant has complied with the experience |
8 | requirements as follows: |
9 | (i) An individual meeting the educational |
10 | requirements of paragraph (2)(i) or (ii) must have |
11 | completed at least [three years or 3,600] 3,000 hours of |
12 | supervised clinical experience, acceptable to the board |
13 | as determined by regulation, obtained after the |
14 | completion of 48 semester hours or 72 quarter hours of |
15 | graduate coursework. |
16 | (ii) An individual meeting the educational |
17 | requirements of paragraph (2)(iii) must have completed at |
18 | least [two years or] 2,400 hours of supervised clinical |
19 | experience, acceptable to the board as determined by |
20 | regulation, [one year or] 1,200 hours of which was |
21 | obtained subsequent to the granting of the doctoral |
22 | degree. |
23 | (4) The applicant has passed an examination adopted by |
24 | the board. |
25 | (5) The application has been accompanied by the |
26 | application fee. |
27 | (6) The applicant has not been convicted of a felony |
28 | under The Controlled Substance, Drug, Device and Cosmetic Act |
29 | or of an offense under the laws of another jurisdiction which |
30 | if committed in this Commonwealth would be a felony under the |
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1 | Controlled Substance, Drug, Device and Cosmetic Act unless: |
2 | (i) at least ten years have elapsed from the date of |
3 | conviction; |
4 | (ii) the applicant satisfactorily demonstrates to |
5 | the board that the applicant has made significant |
6 | progress in personal rehabilitation since the conviction |
7 | such that licensure of the applicant should not be |
8 | expected to create a substantial risk of harm to the |
9 | health and safety of clients or the public or a |
10 | substantial risk of further criminal violations; and |
11 | (iii) the applicant otherwise satisfies the |
12 | qualifications contained in or authorized by this act. |
13 | As used in this paragraph, the term "convicted" includes a |
14 | judgment, an admission of guilt or a plea of nolo contendere. |
15 | (g) Bachelor social work license.--An applicant shall be |
16 | qualified for a license to hold oneself out as a licensed |
17 | bachelor social worker if the applicant submits proof |
18 | satisfactory to the board that: |
19 | (1) The applicant: |
20 | (i) Is of good moral character. |
21 | (ii) Has received a bachelor's degree from an |
22 | accredited school of social work or social welfare. |
23 | (iii) Has passed an examination duly adopted by the |
24 | board. |
25 | (iv) Agrees to adhere to the National Association of |
26 | Social Workers' Professional Code of Ethics pertaining to |
27 | the delivery of direct practice social services. |
28 | (2) The applicant has submitted an application |
29 | accompanied by the application fee. |
30 | (3) The applicant has not been convicted of a felony |
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1 | under The Controlled Substance, Drug, Device and Cosmetic |
2 | Act, or of an offense under the laws of another jurisdiction, |
3 | which, if committed in this Commonwealth, would be a felony |
4 | under The Controlled Substance, Drug, Device and Cosmetic |
5 | Act, unless: |
6 | (i) at least ten years have elapsed from the date of |
7 | conviction; |
8 | (ii) the applicant satisfactorily demonstrates to |
9 | the board that the applicant has made significant |
10 | progress in personal rehabilitation since the conviction, |
11 | such that licensure of the applicant should not be |
12 | expected to create a substantial risk of harm to the |
13 | health and safety of the applicant's clients or the |
14 | public or a substantial risk of further criminal |
15 | violations; and |
16 | (iii) the applicant otherwise satisfies the |
17 | qualifications contained in or authorized by this act. |
18 | As used in this paragraph, the term "convicted" shall include |
19 | a judgment, an admission of guilt or a plea of nolo |
20 | contendere. |
21 | Section 6. Sections 8(b), 10, 12, 16, 16.1, 16.2 and 16.3 of |
22 | the act, amended or added December 21, 1998 (P.L.1017, No.136), |
23 | are amended to read: |
24 | Section 8. Procedures for licensing. |
25 | * * * |
26 | (b) Issuance of license.--The board shall issue to each |
27 | person who meets the licensure requirements of this act a |
28 | certificate setting forth that such person is licensed to hold |
29 | himself or herself out as a licensed bachelor social worker, |
30 | licensed social worker, a provisional social worker, a licensed |
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1 | clinical social worker, a licensed marriage and family therapist |
2 | or a licensed professional counselor. |
3 | Section 10. Reciprocity. |
4 | (a) General rule.--The board shall have the power to grant a |
5 | reciprocal license to an applicant who is licensed or certified |
6 | as a bachelor social worker, social worker, clinical social |
7 | worker, marriage and family therapist or professional counselor |
8 | in another state and has demonstrated qualifications which equal |
9 | or exceed those required pursuant to this act in the |
10 | determination of the board, provided that no license shall be |
11 | granted under this section to an applicant unless the state in |
12 | which the applicant is licensed affords reciprocal treatment to |
13 | persons who are residents of this Commonwealth and who are |
14 | licensed pursuant to this act. |
15 | (b) Emergencies.--The board shall have the power to allow an |
16 | individual who is licensed or certified as a bachelor social |
17 | worker, social worker, clinical social worker, marriage and |
18 | family therapist or professional counselor in another state to |
19 | practice in this Commonwealth without licensure for not more |
20 | than 60 days as part of a relief effort related to a state of |
21 | emergency as declared by the Governor or Federal Government. |
22 | Section 12. Reinstatement of license. |
23 | Unless ordered to do so by Commonwealth Court or an appeal |
24 | therefrom, the board shall not reinstate the license of a person |
25 | to practice as a bachelor social worker, social worker, clinical |
26 | social worker, marriage and family therapist or professional |
27 | counselor pursuant to this act, which has been revoked. Any |
28 | person whose license has been revoked may apply for |
29 | reinstatement, after a period of at least five years, but must |
30 | meet all of the licensing qualifications of this act, including |
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1 | the examination requirement, if he or she desires to practice as |
2 | a licensed bachelor social worker, social worker, clinical |
3 | social worker, marriage and family therapist or professional |
4 | counselor pursuant to this act at any time after such |
5 | revocation. |
6 | Section 16. Restrictions on the use of title "Licensed Social |
7 | Worker." |
8 | Only individuals who have received licenses as licensed |
9 | social workers under this act may style themselves as licensed |
10 | social workers and use the letters "L.S.W." in connection with |
11 | their names, and it shall be unlawful for an individual to style |
12 | himself or herself as a licensed social worker, advertise or |
13 | engage in the practice of licensed social work or use any words |
14 | or symbols indicating or tending to indicate that he or she is a |
15 | licensed social worker without holding a license in good |
16 | standing under this act. |
17 | Section 16.1. Restriction on the use of title "Licensed |
18 | Clinical Social Worker." |
19 | Only individuals who have received licenses as licensed |
20 | clinical social workers under this act may style themselves as |
21 | licensed clinical social workers and use the letters "L.C.S.W." |
22 | in connection with their names. It shall be unlawful for an |
23 | individual to style oneself as a licensed clinical social |
24 | worker, advertise or engage in the practice of clinical social |
25 | work or use any words or symbols indicating or tending to |
26 | indicate that the individual is a licensed clinical social |
27 | worker without holding a license in good standing under this |
28 | act. |
29 | Section 16.2. Restriction on the use of title "Licensed |
30 | Marriage and Family Therapist." |
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1 | Only individuals who have received licenses as licensed |
2 | marriage and family therapists under this act may style |
3 | themselves as licensed marriage and family therapists and use |
4 | the letters "L.M.F.T." in connection with their names. It shall |
5 | be unlawful for an individual to style oneself as a licensed |
6 | marriage and family therapist, advertise or engage in the |
7 | practice of marriage or family therapy or use any words or |
8 | symbols indicating or tending to indicate that the individual is |
9 | a licensed marriage and family therapist without holding a |
10 | license in good standing under this act. |
11 | Section 16.3. Restriction on the use of title "Licensed |
12 | Professional Counselor." |
13 | Only individuals who have received licenses as licensed |
14 | professional counselors under this act may style themselves as |
15 | licensed professional counselors and use the letters "L.P.C." in |
16 | connection with their names. It shall be unlawful for an |
17 | individual to style oneself as a licensed professional |
18 | counselor, advertise or engage in the practice of professional |
19 | counseling or use any words or symbols indicating or tending to |
20 | indicate that the individual is a licensed professional |
21 | counselor without holding a license in good standing under this |
22 | act. |
23 | Section 7. the act is amended by adding sections to read: |
24 | Section 16.4. Restrictions on use of title "Licensed Bachelor |
25 | Social Worker." |
26 | Only individuals who have received licenses as licensed |
27 | bachelor social workers under this act may style themselves as |
28 | licensed bachelor social workers and use the letters "L.B.S.W" |
29 | in connection with their names, and it shall be unlawful for an |
30 | individual to style himself or herself as a licensed bachelor |
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1 | social worker or use any words or symbols indicating or tending |
2 | to indicate that the individual is a licensed bachelor social |
3 | worker without holding a license in good standing under this |
4 | act. |
5 | Section 16.5. Unlicensed practice prohibited. |
6 | No person shall practice as a licensed bachelor social |
7 | worker, licensed social worker, licensed clinical social worker, |
8 | licensed marriage and family therapist or licensed professional |
9 | counselor in this Commonwealth unless the person holds a valid |
10 | license to do so as provided in this act. Nothing in this |
11 | section shall be construed to prohibit individuals operating |
12 | within the scope of their training, experience or employment or |
13 | to require a license as a condition of employment by the |
14 | Commonwealth, any of its subdivisions or by nonprofit agencies. |
15 | The provisions of this section shall not apply to the following |
16 | persons: |
17 | (1) A person who holds a valid license or is certified |
18 | or regulated pursuant to another professional licensure law |
19 | or State certification of the Commonwealth and who provides |
20 | services within the person's scope of practice or employment |
21 | functions, which shall include a student, intern or trainee |
22 | pursuing a course of study in an occupation or profession or |
23 | a supervisee governed by another professional licensure law |
24 | or State certification of the Commonwealth. |
25 | (2) A supervisee providing psychological services under |
26 | the act of March 23, 1972 (P.L.136, No.52), known as the |
27 | Professional Psychologists Practice Act. |
28 | (3) A person authorized to perform these services |
29 | pursuant to the Federal laws as an employee of the Federal |
30 | Government. |
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1 | (4) A member of other recognized professions, including |
2 | clergy, drug and alcohol abuse counselors, mental health |
3 | counselors, crisis intervention counselors, pastoral |
4 | counselors, rehabilitation counselors, case managers and |
5 | psychoanalysts, doing work consistent with the training and |
6 | code of ethics of their respective professions. |
7 | (5) A person employed by the Commonwealth or any of its |
8 | political subdivisions as permitted by the person's employee |
9 | classification. |
10 | (6) A student, intern or trainee who is pursuing a |
11 | course of study in a program in social work, counseling, |
12 | marriage and family therapy or psychology at an accredited |
13 | institution of higher education or training institution if |
14 | the person's activities are performed under qualified |
15 | supervision and are part of the person's supervised course of |
16 | study. |
17 | (7) An individual who has earned an educational degree |
18 | required for licensure under this act working under the |
19 | supervision of an individual licensed as a psychologist, |
20 | psychiatrist, social worker, clinical social worker, marriage |
21 | and family therapist or professional counselor while that |
22 | individual meets the requirements necessary for licensure. |
23 | (8) A person whose job is regulated by statutes or |
24 | regulations, or official bulletins, official opinions or |
25 | other similar documents issued by the Federal Government or |
26 | State government or a branch thereof. |
27 | (9) Employees of business and industrial organizations |
28 | who apply the principles of psychology to the employment |
29 | placement, evaluation, selection, promotion or job adjustment |
30 | of their own officers or employees or those of any associated |
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1 | organization. No business or industrial firm or corporation |
2 | may sell or offer to the public or to individuals or to other |
3 | firms or corporations for remuneration any psychological acts |
4 | or services that are performed by individuals duly and |
5 | appropriately licensed. |
6 | (10) A school psychologist certified by the Department |
7 | of Education, including a school psychologist performing in |
8 | private practice those acts which the psychologist is |
9 | permitted to perform in the public and private schools of |
10 | this Commonwealth. |
11 | (11) A volunteer providing services in a federally |
12 | declared or State-declared emergency. |
13 | (12) Persons providing social work services. |
14 | Section 8. Section 17(b) of the act is amended to read: |
15 | Section 17. Penalties. |
16 | * * * |
17 | (b) Civil penalty.--In addition to any other civil remedy or |
18 | criminal penalty provided for in this act, the board, by a vote |
19 | of the majority of the maximum number of the authorized |
20 | membership of the board as provided by law, or by a vote of the |
21 | majority of the duly qualified and confirmed membership or a |
22 | minimum of three members, whichever is greater, may levy a civil |
23 | penalty of up to $1,000 on any current licensee who violates any |
24 | provision of this act or on any person who engages in the |
25 | practice of or who holds himself or herself out as a licensed |
26 | social worker, licensed bachelor social worker, licensed |
27 | clinical social worker, licensed marriage and family therapist |
28 | or licensed professional counselor without being so licensed |
29 | pursuant to this act. The board shall levy this penalty only |
30 | after affording the accused party the opportunity for a hearing, |
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1 | as provided in Title 2 of the Pennsylvania Consolidated Statutes |
2 | (relating to administrative law and procedure). |
3 | * * * |
4 | Section 9. Section 20(a) of the act, amended December 21, |
5 | 1998 (P.L.1017, No.136), is amended to read: |
6 | Section 20. Unlawful practice. |
7 | (a) Unlawful practice prohibited.--It shall be unlawful for |
8 | any person to engage in the practice of or hold himself or |
9 | herself out as a licensed social worker, licensed clinical |
10 | social worker, licensed marriage and family therapist [and] or |
11 | licensed professional counselor without possessing a valid, |
12 | unexpired, unrevoked and unsuspended license issued under this |
13 | act. |
14 | * * * |
15 | Section 10. The State Board of Social Workers, Marriage and |
16 | Family Therapists and Professional Counselors shall promulgate |
17 | regulations to carry out this act. Publication of the final-form |
18 | regulations under this section shall take place within 18 months |
19 | of the effective date of this section. |
20 | Section 11. This act shall take effect in 120 days. |
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