1Amending the act of July 9, 1987 (P.L.220, No.39), entitled "An
2act licensing and regulating the practice of social work;
3providing penalties; and making an appropriation," further
4providing for restrictions on the use of title "licensed
5marriage and family therapist," for penalties and for
6unlawful practice; and providing for unlicensed practice
7prohibited.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. Section 16 of the act of July 9, 1987 (P.L.220,
11No.39), known as the Social Workers, Marriage and Family
12Therapists and Professional Counselors Act, added December 21,
131998 (P.L.1017, No.136), is amended to read:

14Section 16.2. Restriction on the use of [title "Licensed
15Marriage and Family Therapist."] certain titles.

16No person shall use a title or description, such as licensed 
17"marital or marriage therapist, counselor, advisor or 
18consultant," "family therapist or counselor," "couples therapist 
19or counselor," "martial or marriage and family therapist, 
20counselor advisor or consultant" or any other name, style or
 

1description denoting that the person is a licensed marriage and 
2family therapist unless authorized by this act. Only individuals
3who have received licenses as licensed marriage and family
4therapists under this act may style themselves as licensed
5marriage and family therapists and use the letters "L.M.F.T." in
6connection with their names. It shall be unlawful for an
7individual to style oneself as a licensed marriage and family
8therapist, advertise or offer to engage in the practice of 
9marriage and family therapy or counseling or use any words or
10symbols indicating or tending to indicate that the individual is
11a licensed marriage and family therapist without holding a
12license in good standing under this act.

13Section 2. The act is amended by adding a section to read:

14Section 16.4 Unlicensed practice prohibited.

15(a) General rule.--No person shall commence the practice of
16marriage and family therapy in this Commonwealth, unless the
17person holds a valid license as provided in this act.

18(b) Nonapplicability.--Subsection (a) shall not apply to:

19(1) A person practicing marriage and family therapy as
20part of the person's duties as an employee of:

21(i) a recognized academic institution, school entity
22or Federal, State, county or local governmental
23institution or agency while performing those duties for
24which the person was employed by the institution, entity,
25agency or facility; or

26(ii) an organization which is nonprofit and
27determined by the State board to meet community needs
28while performing those duties for which the person was
29employed by the agency; or

30(2) A person who holds a valid license or is certified

1or regulated pursuant to another professional licensure law
2or State certification of this Commonwealth and who provides
3services within the person's scope of practice or employment
4function.

5(3) A person who holds a valid license or is certified
6or regulated pursuant to another professional licensure law
7or State certification of this Commonwealth and who has met
8the rigorous standards and training in marriage and family
9therapy to be credentialed by the American Association of
10Marriage and Family Therapists as a Clinical Fellow.

11(4) A person who is a rabbi, priest, minister or member
12of clergy of any religious denomination or sect, if the
13activities and services that the person performs are within
14the scope of the performance of the regular or specialized
15ministerial duties of an established and legally recognizable
16church, denomination or sect and the person performing the
17services remains accountable to the established authority of
18the church, denomination or sect.

19(5) A person who is a student, intern or trainee who is
20pursuing a course of study in marriage and family therapy at
21an accredited institution of higher education or training
22institution, if the person's activities are performed under
23qualified supervision and are part of the person's supervised
24course of study.

25(6) A person who has earned an educational degree
26required for licensure under this act and who works under the
27supervision of a licensed mental health professional in order
28to acquire the hours necessary for licensure under this act.

29(7) A person who volunteers services in a Federal or
30State-declared emergency.

1Section 3. Section 17(b) of the act is amended to read:

2Section 17. Penalties.

3* * *

4(b) Civil penalty.--

5(1) In addition to any other civil remedy or criminal
6penalty provided for in this act, the board, by a vote of the
7majority of the maximum number of the authorized membership
8of the board as provided by law, or by a vote of the majority
9of the duly qualified and confirmed membership or a minimum
10of three members, whichever is greater, may levy a civil
11penalty of up to $1,000 on [any]:

12(i) Any current licensee who violates any provision
13of this act [or on any].

14(ii) Any person who holds himself or herself out as
15a licensed social worker or licensed marriage and family 
16therapist without being so licensed pursuant to this act.

17(iii) Any person who engages in the practice or
18holds himself or herself out as a marriage and family
19therapist without being so licensed pursuant to this act.

20(2) The board shall levy [this penalty] the penalty 
21under paragraph (1) only after affording the accused party
22the opportunity for a hearing, as provided in Title 2 of the
23Pennsylvania Consolidated Statutes (relating to
24administrative law and procedure).

25* * *

26Section 4. Section 20 of the act, amended December 21, 1998
27(P.L.1017, No.136), is amended by adding a subsection to read:

28Section 20. Unlawful practice.

29* * *

30(a.2) Practice of marriage and family therapy prohibited.--

1It shall be unlawful for any person to engage in the practice of
2licensed marriage and family therapy without possessing a valid,
3unexpired, unrevoked and unsuspended license under this act.

4* * *

5Section 5. The State Board of Social Workers, Marriage and
6Family Therapists and Professional Counselors shall promulgate
7regulations to carry out this act. Publication of the final-form
8regulations under this section shall take place within 18 months
9of the effective date of this section.

10Section 6. This act shall take effect in 120 days.