Regular Session 2023-2024 Senate Bill 1019 P.N. 1269

PRINTER'S NO. 1269

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1019

Session of

2023

INTRODUCED BY STEFANO, DILLON AND PENNYCUICK, DECEMBER 11, 2023

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,

DECEMBER 11, 2023

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 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 endorsement of out-of-State licenses and

for reinstatement of license; providing for restrictions on

use of title "Licensed Associate Marriage and Family

Therapist" and for restrictions on the use of title "Licensed

Associate Professional Counselor"; further providing for

license renewal and records and fees and for unlawful

practice; and providing for effect of associate licensure.

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, 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 associate marriage and family therapist." An

individual licensed as an associate marriage and family

therapist under this act who is obtaining supervised clinical

experience for the purpose of becoming a licensed marriage and

family therapist.

"Licensed associate professional counselor." An individual

licensed as an associate professional counselor under this act

who is obtaining supervised clinical experience for the purpose

of becoming a licensed professional counselor.

* * *

"Practice of associate marriage and family therapy." The

professional application of psychotherapeutic and family system

theories and techniques to the evaluation, assessment, diagnosis

and treatment of mental and emotional disorders, whether

cognitive, affective or behavioral, while under the supervision

of a licensed supervisor acceptable to the board in accordance

with the board's regulations. 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 the disorders.

"Practice of associate professional counseling." Includes,

to the extent compatible with a practitioner's education and

professional competence while under the supervision of a

licensed supervisor acceptable to the board in accordance with

the board's regulations, 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

20230SB1019PN1269 - 2 -

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, assessment, diagnosis and treatment

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.

* * *

Section 2. Sections 4, 5(l) and 6(2) and (3) of the act are

amended to read:

Section 4. License required.

It shall be unlawful for any person to hold [himself or

herself] oneself forth as a licensed bachelor social worker,

licensed social worker, licensed clinical social worker,

licensed associate marriage and family therapist, licensed

marriage and family therapist, licensed associate professional

counselor or licensed professional counselor unless he or she

shall first have obtained a license pursuant to this act.

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

Therapists and Professional Counselors.

* * *

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

20230SB1019PN1269 - 3 -

days after the appointment of its new members and set up

operating procedures and develop application forms for licensing

clinical social workers, associate marriage and family

therapists, marriage and family therapists, associate

professional counselors 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 associate marriage and family therapist,

licensed clinical social worker, licensed marriage and family

therapist, licensed associate professional counselor 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

associate marriage and family therapists , licensed marriage

and family therapists, licensed associate professional

counselors 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, associate marriage and

family therapists, marriage and family therapists, associate

professional counselors and professional counselors pursuant

20230SB1019PN1269 - 4 -

to this act and to conduct hearings in connection therewith.

* * *

Section 3. Section 7(a)(1), (d)(1), (e)(1), (f)(1) and (g)

(1) of the act are amended and the section is amended by adding

subsections to read:

Section 7. Qualifications for license.

(a) Social work license.--An applicant shall be qualified

for a license to hold oneself out as a licensed social worker,

provided he or she submits proof satisfactory to the board that:

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

the moral character of an applicant with a criminal

conviction, the board shall conduct an individualized

assessment in accordance with 63 Pa.C.S. § 3113 (relating to

consideration of criminal convictions).

* * *

(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. In

assessing the moral character of an applicant with a criminal

conviction, the board shall conduct an individualized

assessment in accordance with 63 Pa.C.S. § 3113.

* * *

(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. In

assessing the moral character of an applicant with a criminal

20230SB1019PN1269 - 5 -

conviction, the board shall conduct an individualized

assessment in accordance with 63 Pa.C.S. § 3113.

* * *

(e.1) Associate marriage and family therapist license.--

(1) An applicant shall be qualified for a license to

hold oneself out as a licensed associate marriage and family

therapist if the applicant submits proof satisfactory to the

board that all of the following apply:

(i) The applicant is at least 21 years of age.

(ii) The applicant is of good moral character. In

assessing the moral character of an applicant with a

criminal conviction, the board shall conduct an

individualized assessment in accordance with 63 Pa.C.S. §

3113.

(iii) The applicant has satisfied the educational

requirements under subsection (e)(2)(i), (ii) or (iii).

(iv) The applicant has submitted a supervision plan,

including a detailed job description and each location

where client contact and supervision will occur.

(v) The applicant has submitted the resume or

curriculum vitae for each licensee who provides

supervision acceptable to the board. A supervisor shall

hold a current and active license to practice marriage

and family therapy or to practice in a related field as

approved by the board and shall have no less than five

full-time years of experience or the equivalent in the

prior ten years as specified by the board's regulations.

(vi) The applicant has submitted an application

accompanied by the application fee.

(vii) The applicant has not been convicted of a

20230SB1019PN1269 - 6 -

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:

(A) at least ten years have elapsed from the

date of conviction;

(B) 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

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.

(2) Renewal of an associate marriage and family

therapist license shall be on a biennial basis, and the

license shall be eligible for no more than three renewals.

(e.2) Limitations on associate marriage and family

therapist license.--A licensed associate marriage and family

therapist shall work under the supervision of a licensed

marriage and family therapist or a related licensed professional

as approved by the board who directs the activities of the

licensed associate marriage and family therapist. A l icensed

associate marriage and family therapist shall not practice in a

20230SB1019PN1269 - 7 -

private setting without the direction of a supervisor. Nothing

in this section shall be construed to prohibit a licensed

associate marriage and family therapist from taking the required

examination under subsection (e)(4) during the time between

graduation and completing the required clinical supervised hours

under subsection (e)(3) to meet the licensure requirements for a

marriage and family therapist.

(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. In

assessing the moral character of an applicant with a criminal

conviction, the board shall conduct an individualized

assessment in accordance with 63 Pa.C.S. § 3113.

* * *

(f.1) Associate professional counselor license.--

(1) An applicant is qualified for a license to hold

oneself out as a licensed associate professional counselor if

the applicant submits proof satisfactory to the board that

all of the following apply:

(i) The applicant is at least 21 years of age.

(ii) The applicant is of good moral character. In

assessing the moral character of an applicant with a

criminal conviction, the board shall conduct an

individualized assessment in accordance with 63 Pa.C.S. §

3113.

(iii) The applicant has satisfied the educational

requirements under subsection (f)(2)(i), (ii) or (iii).

(iv) The applicant has submitted a plan of

20230SB1019PN1269 - 8 -

supervision, including a detailed job description and

each location where client contact and supervision will

occur.

(v) The applicant has submitted the resume or

curriculum vitae for each licensee who provides

supervision acceptable to the board. A supervisor shall

hold a current and active licens e to practice

professional counseling or to practice in a related field

as approved by the board and shall have no less than five

full-time years of experience or the equivalent in the

prior ten years as specified by the board's regulations.

(vi) The application has been accompanied by the

application fee.

(vii) 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:

(A) at least ten years have elapsed from the

date of conviction;

(B) 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

20230SB1019PN1269 - 9 -

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.

(2) Renewal of an associate professional counselor

license shall be on a biennial basis, and the license shall

be eligible for no more than three renewals.

(f.2) Limitations on associate professional counselor

license.--A licensed associate professional counselor shall work

under the supervision of a licensed professional counselor or a

related licensed professional approved by the board who directs

the activities of the licensed associate professional counselor.

A licensed associate professional counselor shall not practice

in a private setting without the direction of a

supervisor. Nothing in this subsection shall be construed to

prohibit a licensed associate professional counselor from taking

the required exam under subsection (f)(4) during the time

between graduation and completing the required supervised hours

under subsection (f)(3) to meet the licensure requirements for a

licensed professional counselor.

(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 is of good moral character. In

assessing the moral character of an applicant with a criminal

conviction, the board shall conduct an individualized

assessment in accordance with 63 Pa.C.S. § 3113.

* * *

Section 4. Sections 8(b), 10(a), 10.1(a)(1), (b)(1) and (c)

20230SB1019PN1269 - 10 -

(1) and 12 of the act 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] oneself out as a licensed bachelor social

worker, a licensed social worker, a licensed clinical social

worker, a licensed associate marriage and family therapist, a

licensed marriage and family therapist, a licensed associate

professional counselor 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, associate marriage and family therapist, marriage and

family therapist, associate professional counselor 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 10.1. Endorsement of out-of-State licenses.

(a) Clinical social work license.--The board may issue a

clinical social work license without examination to an applicant

holding a clinical social work license in another state who

submits proof satisfactory to the board of all of the following:

20230SB1019PN1269 - 11 -

(1) The applicant is of good moral character. In

assessing the moral character of an applicant with a criminal

conviction, the board shall conduct an individualized

assessment in accordance with 63 Pa.C.S. § 3113 (relating to

consideration of criminal convictions).

* * *

(b) Marriage and family therapist license.--The board may

issue a marriage and family therapist license without

examination to an applicant holding a marriage and family

therapist license in another state who submits proof

satisfactory to the board of all of the following:

(1) The applicant is of good moral character. In

assessing the moral character of an applicant with a criminal

conviction, the board shall conduct an individualized

assessment in accordance with 63 Pa.C.S. § 3113.

* * *

professional counselor license without examination to an

applicant holding a professional counselor license in another

state who submits proof satisfactory to the board of all of the

following:

(1) The applicant is of good moral character. In

assessing the moral character of an applicant with a criminal

conviction, the board shall conduct an individualized

assessment in accordance with 63 Pa.C.S. § 3113.

* * *

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

20230SB1019PN1269 - 12 -

social worker, associate marriage and family therapist, marriage

and family therapist, associate professional counselor or

professional counselor pursuant to this act, which has been

revoked. Any person whose license has been revoked may apply for

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

meet all of the licensing qualifications of this act, including

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

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

marriage and family therapist or professional counselor pursuant

to this act at any time after such revocation.

Section 5. The act is amended by adding sections to read:

Section 16.5. Restrictions on use of title "Licensed Associate

Marriage and Family Therapist."

Only individuals who have received licenses as licensed

associate marriage and family therapists under this act may

style themselves as licensed associate marriage and family

therapists and use the letters "L.A.M.F.T." in connection with

their names, and it shall be unlawful for an individual to style

oneself as a licensed associate marriage and family therapist or

use any words or symbols indicating or tending to indicate that

the individual is a licensed associate marriage and family

therapist without holding a license in good standing under

this act.

Section 16.6. Restrictions on the use of title "Licensed

Associate Professional Counselor."

Only individuals who have received licenses as licensed

associate professional counselors under this act may style

themselves as licensed associate professional counselors and use

the letters "L.A.P.C." in connection with their names, and it

shall be unlawful for an individual to style oneself as a

20230SB1019PN1269 - 13 -

licensed associate professional counselor or use any words or

symbols indicating or tending to indicate that the individual is

a licensed associate professional counselor without holding a

license in good standing under this act.

Section 6. Sections 18(b) and 20(a) of the act 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, associate marriage and family therapists, marriage and

family therapists, associate professional counselors and

professional counselors in Pennsylvania shall be kept in the

office of the board and and copying upon payment of a nominal

fee for copying the record.

* * *

Section 20. Unlawful practice.

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

any person to engage in the independent practice of clinical

social work, the independent practice of marriage and family

therapy or the independent practice of professional counseling

or hold [himself or herself] oneself out as a licensed bachelor

social worker, licensed social worker, licensed clinical social

worker, licensed associate marriage and family therapist,

marriage and family therapist, licensed associate professional

counselor and professional counselor without possessing a valid,

unexpired, unrevoked and unsuspended license issued under this

act.

Section 7. The act is amended by adding a section to read:

Section 20.3. Effect of associate licensure.

20230SB1019PN1269 - 14 -

Associate licensure under this act shall not be construed as

requiring new or additional third-party reimbursement or to

otherwise mandate coverage under 75 Pa.C.S. Ch. 17 (relating to

financial responsibility) or the act of June 2, 1915 (P.L.736,

No.338), known as the Workers' Compensation Act, or for new or

additional policies written under or for any of the following:

(1) The act of May 17, 1921 (P.L.682, No.284), known as

The Insurance Company Law of 1921.

(2) The act of December 29, 1972 (P.L.1701, No.364),

known as the Health Maintenance Organization Act.

(3) The act of May 18, 1976 (P.L.123, No.54), known as

the Individual Accident and Sickness Insurance Minimum

Standards Act.

(4) A nonprofit corporation subject to 40 Pa.C.S. Ch. 61

(relating to hospital plan corporations) or 63 (relating to

professional health services plan corporations).

Section 8. The State Board of Social Workers, Marriage and

Family Therapists and Professional Counselors shall promulgate

regulations as necessary to implement this act no later than 90

days from the effective date of this section.

Section 9. This act shall take effect immediately.

20230SB1019PN1269 - 15 -