THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY McILHINNEY, ERICKSON, FONTANA, SCARNATI, D. WHITE, TARTAGLIONE, LEACH, WAUGH, MENSCH, SOLOBAY, FERLO, GREENLEAF, FOLMER, FARNESE, BLAKE, ALLOWAY AND PIPPY, APRIL 1, 2011

SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, AS AMENDED, JUNE 5, 2012   

AN ACT

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

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act licensing and regulating the practice of social work;

providing penalties; and making an appropriation," further

providing for definitions, for license required, for State

Board of Social Workers, Marriage and Family Therapists and

Professional Counselors, for powers and functions of board,

for qualifications for license, for procedures for licensing,

for reciprocity, for reinstatement of license, for

restrictions on the use of title "Licensed Social Worker,"

for restriction on the use of title "Licensed Clinical Social

Worker," for restriction on the use of title "Licensed

Marriage and Family Therapist" and for restriction on the use

of title "Licensed Professional Counselor"; providing for

restrictions on use of title "Licensed Bachelor Social

Worker" and for unlicensed practice prohibited; and further

providing for penalties and for unlawful practice.

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 State Board of Social Workers,

Marriage and Family Therapists and Professional Counselors,

for powers and functions of board, for qualifications for

license, for procedures for licensing, for reciprocity and

for reinstatement of license; providing for restrictions on

use of title "Licensed Bachelor Social Worker"; further

providing for penalties, for license renewal, records and

fees and for 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.

"Commissioner."  The Commissioner of Professional and

Occupational Affairs.

"Licensed bachelor social worker."  An individual who engages

in or offers to engage in the practice of bachelor social work

and who holds a current license under this act.

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

holds a current clinical license under this act.] An individual

who engages in or advertises 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.]

An individual who engages in or advertises 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.] An individual who engages in

or advertises 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

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

advertises to engage in the practice of licensed social work and

who holds a current license under this act.

"Practice of bachelor social work."  Holding oneself out to

the public by any title or description of services incorporating

the term "licensed bachelor social worker," or using any words

or symbols indicating or tending to indicate that the individual

is a licensed bachelor social worker; 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; and basic generalist practice that includes

planning, intervention, case management, information and

referral, crisis counseling, advocacy, community organization

and the development and implementation of policies, programs and

activities.

"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 independent application of specialized

psychotherapeutic theories, methods and knowledge and advanced

clinical skills and ethics in the differential evaluation and

treatment of psychosocial function, disability or impairment,

including addictions and emotional, mental and behavioral

disorders. The treatment of individuals, couples, families,

groups and communities is based on knowledge of the person-in-

situation perspective of psychosocial development, normal and

abnormal behavior, psychopathology, unconscious motivation,

intrapersonal processes, interpersonal relationships,

environmental stress and trauma, differential assessment and

planning and data gathering. The purpose of these services is

the prevention and treatment of mental or emotional dysfunction

and enhancement of mental health and secure relationships for

individuals, couples, families, groups and communities. The term

includes, but is not limited to, psychotherapy. The term also

includes counseling, behavior modification, consultation,

supervision, client-centered advocacy, crisis intervention and

the provision of needed information and education to clients

when using methods of a psychotherapeutic nature to evaluate,

assess, treat and prevent emotional and mental disorders and

dysfunctions, whether cognitive, affective, behavioral or

relationship, behavioral disorders, alcoholism or substance

abuse. The term may also include teaching and clinical research

into more effective psychotherapeutic modalities for the

treatment and prevention of such conditions.

"Practice of licensed social work."  Professional application

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. The term 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 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 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] individuals, groups, communities or

systems to achieve adequate and productive personal,

interpersonal and social adjustments in their individual lives,

in their families [and], in their community [or] and within

social service systems and holding oneself out to the public by

any title or description of services incorporating the term

"social worker" or practicing social work 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 work services."  Professional services delivered by

an individual holding a bachelor's or master's degree in social

work or social welfare from a program accredited by the Council

on Social Work Education.

"Social worker."  A person who holds a current social work 

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.  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 social worker, licensed clinical

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

licensed professional counselor or licensed bachelor social

worker unless he or she shall first have obtained a license

pursuant to this act.

Section 3.  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] 15 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] six 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 of the effective date of this subsection, the

Governor shall nominate one professional member to serve as a

licensed bachelor social worker on the board to serve a three-

year term. The licensed 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 4.  Section 6(2) and (3) of the act, amended December

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

Section 6.  Powers and functions of board.

The board shall have the following powers:

* * *

(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.

* * *

Section 5.  Section 7(d), (e) and (f) of the act, amended

December 21, 1998 (P.L.1017, No.136) and July 9, 2008 (P.L.929,

No.68), are amended and the section is amended by adding a

subsection to read:

Section 7.  Qualifications for license.

* * *

(d)  Clinical social work license.--An applicant shall be

qualified for a license to hold oneself out as a licensed

clinical social worker if the applicant submits proof

satisfactory to the board that all of the following apply:

(1)  The applicant is of good moral character.

(2)  The applicant has successfully met both of the

following requirements:

(i)  Holds a master's degree in social work or social

welfare or a doctoral degree in social work from an

accredited school of social work as recognized by the

board.

(ii)  Is licensed under this act as a social worker.

(3)  The applicant has completed at least [three years

or] 3,000 hours of supervised clinical experience or holds an

Academy of Certified Social Workers certificate issued prior

to January 1, 2001, by the National Association of Social

Workers or otherwise meets the supervision expectation in a

fashion acceptable to the board as determined by regulation

after completion of the master's degree in social work.

(4)  The applicant has passed a clinical social work

examination adopted by the board.

(5)  The applicant has submitted an application

accompanied by the application fee.

(6)  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 demonstrated 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 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" includes a

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

(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:

(1)  The applicant is of good moral character.

(2)  The applicant has successfully met one of the

following educational requirements:

(i)  Within five years after the board has

promulgated final regulations, has successfully completed

a planned program of 60 semester hours or 90 quarter

hours of graduate coursework which is closely related to

marriage and family therapy, including a master's degree

in marriage and family therapy from an accredited

educational institution or a master's degree in a field

determined by the board by regulation to be closely

related to the practice of marriage and family therapy

from an accredited educational institution, with graduate

level coursework in marriage and family therapy

acceptable to the board from an accredited educational

institution or from a program recognized by a national

accrediting agency.

(ii)  Has successfully completed a planned program of

60 semester hours or 90 quarter hours of graduate

coursework which is closely related to marriage and

family therapy, including a 48-semester-hour or 72-

quarter-hour master's degree in marriage and family

therapy from an accredited educational institution or a

48-semester-hour or 72-quarter-hour master's degree in a

field determined by the board by regulation to be closely

related to the practice of marriage and family therapy

from an accredited educational institution, with graduate

level coursework in marriage and family therapy

acceptable to the board from an accredited educational

institution or from a program recognized by a national

accrediting agency.

(iii)  holds a doctoral degree in marriage and family

therapy from an accredited educational institution or

holds a doctoral degree in a field determined by the

board by regulation to be closely related to the practice

of marriage and family therapy from an accredited

educational institution with graduate level coursework in

marriage and family therapy acceptable to the board from

an accredited educational institution or from a program

recognized by a national accrediting agency.

(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.

(4)  The applicant has passed an examination adopted by

the board.

(5)  The application has been accompanied by the

application fee.

(6)  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 clients or the public or a

substantial risk of further criminal violation; and

(iii)  the applicant otherwise satisfies the

qualifications contained in or authorized by this act.

As used in this paragraph, the term "convicted" includes a

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

(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:

(1)  The applicant is of good moral character.

(2)  The applicant has successfully met one of the

following educational requirements:

(i)  [Within five years after the board has

promulgated final regulations] On or before June 30,

2008, has successfully completed a planned program of 60

semester hours or 90 quarter hours of graduate coursework

in counseling or a field determined by the board by

regulation to be closely related to the practice of

professional counseling, including a master's degree in

counseling or a field determined by the board by

regulation to be closely related to the practice of

professional counseling, from an accredited educational

institution.

(ii)  Has successfully completed a planned program of

60 semester hours or 90 quarter hours of graduate

coursework in counseling or a field determined by the

board by regulation to be closely related to the practice

of professional counseling, including a 48-semester-hour

or 72-quarter-hour master's degree in counseling or a

field determined by the board by regulation to be closely

related to the practice of professional counseling, from

an accredited educational institution.

(iii)  Holds a doctoral degree in counseling from an

accredited educational institution or holds a doctoral

degree in a field determined by the board by regulation

to be closely related to the practice of professional

counseling from an accredited educational institution.

(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.

(4)  The applicant has passed an examination adopted by

the board.

(5)  The application has been accompanied by the

application fee.

(6)  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 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" includes a

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

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

qualified for a license to hold oneself out as a licensed

bachelor social worker if 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 applicant has submitted an application

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 6.  Sections 8(b), 10, 12, 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 8.  Procedures for licensing.

* * *

(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, 

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.

(a)  General rule.--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.

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

individual 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 to

practice in this Commonwealth without licensure for not 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 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 licensed 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 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

engage in the practice of licensed 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 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 engage in the

practice of marriage or family therapy 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 engage in the practice of professional

counseling 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 7.  the act is amended by adding sections 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

licensed bachelor social workers 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 16.5.  Unlicensed practice prohibited.

No person shall practice as a licensed bachelor social

worker, 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. Nothing in this

section shall be construed to prohibit individuals operating

within the scope of their training, experience or employment or

to require a license as a condition of employment by the

Commonwealth, any of its subdivisions or by nonprofit agencies.

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 the 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 or

a supervisee governed by another professional licensure law

or State certification of the 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 Federal

Government.

(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

regulations, or official bulletins, official opinions or

other similar documents issued by the Federal Government 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 that 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 the psychologist is

permitted to perform in the public and private schools of

this Commonwealth.

(11)  A volunteer providing services in a federally

declared or State-declared emergency.

(12)  Persons providing social work services.

Section 8.  Section 17(b) of the act is amended to read:

Section 17.  Penalties.

* * *

(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 who holds himself or herself out as a licensed

social worker, licensed bachelor 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).

* * *

Section 9.  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 10.  The State Board of Social Workers, Marriage and

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 11.  This act shall take effect in 120 days.

Section 1.  The definition of "provisional licensed social

<--

worker" in 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), is amended and the section 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 bachelor's level license under this act.

* * *

"Practice of bachelor social work."  An individual who holds

a license as a Licensed Bachelor Social Worker issued by the

board shall provide generalist, nonclinical social work services

as an employee functioning under the supervision of an

individual who is regulated by the Commonwealth or holds a

professional license issued by the Commonwealth.

* * *

["Provisional licensed social worker." A social worker who

holds a current provisional license under this act.]

"Social work services."  Services provided by a professional

holding a bachelor or master's degree issued by an accredited

school or program of social work or social welfare that

demonstrates social work professional competencies.

* * *

Section 2.  Sections 5(l) and 6(2) and (3) of the act,

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

read:

Section 5.  State Board of Social Workers, Marriage and

Family Therapists and Professional Counselors.

* * *

(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 6.  Powers and functions of board.

The board shall have the following powers:

* * *

(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.

* * *

Section 3.  Section 7(b) of the act, amended December 21,

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

by adding a subsection to read:

Section 7.  Qualifications for license.

* * *

[(b)  Provisional social work license.--An applicant shall be

qualified for a provisional license to hold oneself out as a

social worker with a provisional license, provided he or she

submits proof satisfactory to the board that:

(1)  He or she is of good moral character.

(2)  He or she has received a bachelor's degree in social

work from an accredited school of social work or social

welfare and has three years' experience under the supervision

of a social worker who has graduated with a master's degree

from an accredited school of social work or social welfare.

(3)  He or she offers proof of current enrollment in a

master's degree program at an accredited school of social

work or social welfare.

(4)  He or she passed an examination duly adopted by the

board.

(5)  His or her application has been accompanied by the

application fee.

(6)  He or she 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 he or she 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 his or her 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.]

* * *

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

qualified for a license to hold oneself out as a licensed

bachelor social worker if the applicant submits proof

satisfactory to the board that:

(1)  He or she is of good moral character.

(2)  He or she has received a bachelor's degree from an

accredited school of social work or social welfare. 

(3)  He or she has passed an examination duly adopted by

the board.

(4)  His or her application has been accompanied by the

application fee.

(5)  He or she 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 4.  Sections 8(b), 10 and 12 of the act, amended

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

Section 8.  Procedures for licensing.

* * *

(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, 

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 licensed 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 5.  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

licensed bachelor social workers 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 6.  Section 17(b) of the act is amended to read:

Section 17.  Penalties.

* * *

(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 who holds himself or herself out as a licensed

bachelor social worker, 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).

* * *

Section 6.1.  Sections 18(b) and (c) and 20(a) of the act,

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

read:

Section 18.  License renewal; records and fees.

* * *

(b)  Records.--A record of all persons licensed to practice

as bachelor social workers, social workers, clinical social

workers, marriage and family therapists and professional

counselors in Pennsylvania shall be kept in the office of the

board and shall be open to public inspection and copying upon

payment of a nominal fee for copying the record.

(c)  Fees.--

(1)  All fees required pursuant to this act shall be

fixed by the board by regulation and shall be subject to the

act of June 25, 1982 (P.L.633, No.181), known as the

Regulatory Review Act. If the revenues raised by fees, fines

and civil penalties imposed pursuant to this act are not

sufficient to meet expenditures over a two-year period, the

board shall increase those fees by regulation so that the

projected revenues will meet or exceed projected

expenditures.

(2)  If the Bureau of Professional and Occupational

Affairs determines that the fees established by the board

pursuant to paragraph (1) are inadequate to meet the minimum

enforcement efforts required by this act, then the bureau,

after consultation with the board and subject to the

Regulatory Review Act, shall increase the fees by regulation

in an amount so that adequate revenues are raised to meet the

required enforcement effort.

(3)  The application fee to apply for a bachelor social

work license shall be $40 with a renewal fee of $75. Fees

specific to the bachelor social work license shall be fixed

by the board in regulation and shall be subject to the

Regulatory Review Act.

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 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.

* * *

Section 7.  The State Board of Social Workers, Marriage and

Family Therapists and Professional Counselors shall promulgate

regulations to carry out this act within 180 days of the

effective date of this section.

Section 8.  This act shall take effect in 120 days.