Regular Session 2015-2016 House Bill 0603 P.N. 1944

PRIOR PRINTER'S NO. 677

PRINTER'S NO. 1944

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

603

Session of

2015

INTRODUCED BY GROVE, OBERLANDER, SCHEMEL, WATSON, KILLION,

D. COSTA, BARRAR, MURT, MOUL, MUSTIO, FARRY, BRIGGS, KORTZ,

REGAN AND DAVIS, FEBRUARY 24, 2015

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

JUNE 25, 2015

AN ACT

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

act licensing and regulating the practice of social work;

providing penalties; and making an appropriation," further

providing for State Board of Social Workers, Marriage and

Family Therapists and Professional Counselors, for

restriction on the use of title "Licensed Marriage and Family

Therapist" and for penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 5(a) and 16.2 of the act of July 9, 1987

(P.L.220, No.39), known as the Social Workers, Marriage and

Family Therapists and Professional Counselors Act, amended or

added 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.

(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 members who

are citizens of the United States and who have been residents of

this Commonwealth for a two-year period, two of whom shall be

public members; five of whom shall be licensed social workers,

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

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

membership shall rotate at the expiration of the member's second

term; and one of whom shall be the Commissioner of Professional

and Occupational Affairs.

* * *

Section 16.2. Restriction on the use of [title "Licensed

Marriage and Family Therapist."] certain titles.

Only individuals who have received licenses as [licensed]

marriage and family therapists under this act may style

themselves as licensed marriage and family therapists, marriage

and family therapists, family therapists, marriage therapists or

couples therapists and use the letters "L.M.F.T." or "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, marriage and family therapist, family therapist,

marriage therapist or couples therapist or use any words or

symbols indicating or tending to indicate that the individual is

a licensed marriage and family therapist, marriage and family

therapist, family therapist, marriage therapist or couples

therapist without holding a license as a marriage and family

therapist in good standing under this act. This section shall

not apply to the following:

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(1) A person employed by the Commonwealth in a marriage

and family therapist position before the effective date of

this paragraph.

(2) A person employed as a school marriage and family

therapist in a public or private school in this Commonwealth

before the effective date of this paragraph.

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

or regulated in accordance with another professional

licensure law or State certification of the Commonwealth and

who is credentialed by the American Association of Marriage

and Family Therapists as a Clinical Fellow.

(4) A person who is working to meet the supervised

experience requirement to become a licensed marriage and

family therapist and whose duties are supervised by a

licensed marriage and family therapist or other licensed

mental health professional if the person does not represent

himself or herself as a licensed marriage and family

therapist.

(5) A student of marriage and family therapy who is

enrolled in a prescribed course of study at an accredited

educational institution if the person does not represent

himself or herself as a licensed marriage and family

therapist.

(6) A PERSON WHO PROVIDES FAITH-BASED MARRIAGE, FAMILY

OR COUPLES THERAPY, PROVIDED THE PERSON CLEARLY IDENTIFIES HE

OR SHE OFFERS FAITH-BASED SERVICES AND DOES NOT REPRESENT

HIMSELF OR HERSELF AS A LICENSED MARRIAGE AND FAMILY

THERAPIST.

Section 2. Section 17(b) of the act, amended October 22,

2014 (P.L.2884, No.179), is amended to read:

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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] $10,000 on any current licensee who

violates any provision of this act or on any person 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 3. The State Board of Social Workers, Marriage and

Family Therapists and Professional Counselors shall promulgate

regulations to carry out this act. The State Board of Social

Workers, Marriage and Family Therapists and Professional

Counselors shall publish the regulations in the Pennsylvania

Bulletin within 18 months of the effective date of this section.

Section 4. This act shall take effect in 120 days.

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