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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 2320, 2665               PRINTER'S NO. 3393

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1693 Session of 2007


        INTRODUCED BY GERGELY, CALTAGIRONE, CAPPELLI, FRANKEL, GOODMAN,
           JOSEPHS, KORTZ, KULA, LONGIETTI, MAHONEY, McGEEHAN, READSHAW,
           SHIMKUS, SOLOBAY, YOUNGBLOOD, SIPTROTH AND SEIP,
           JULY 13, 2007

        SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL
           LICENSURE, IN SENATE, AS AMENDED, MARCH 11, 2008

                                     AN ACT

     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     defining "practice of social work"; defining "social worker";
     5     FURTHER PROVIDING FOR QUALIFICATIONS FOR LICENSE; providing    <--
     6     for endorsement of out-of-State licenses; and further
     7     proscribing unlawful practice.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  The definition of "practice of social work" in
    11  section 3 of the act of July 9, 1987 (P.L.220, No.39), known as
    12  the Social Workers, Marriage and Family Therapists and
    13  Professional Counselors Act, amended December 21, 1998
    14  (P.L.1017, No.136), is amended and the section is amended by
    15  adding a definition to read:
    16  Section 3.  Definitions.
    17     The following words and phrases when used in this act shall
    18  have the meanings given to them in this section unless the


     1  context clearly indicates otherwise:
     2     * * *
     3     "Practice of social work."  [Holding oneself out to the
     4  public by any title or description of services incorporating the
     5  term "licensed social worker," or using any words or symbols
     6  indicating or tending to indicate that he or she is a licensed
     7  social worker and, under such description, offering] Offering to
     8  render or rendering a service in which a special knowledge of
     9  social resources, human personality and capabilities and
    10  therapeutic techniques is directed at helping people to achieve
    11  adequate and productive personal, interpersonal and social
    12  adjustments in their individual lives, in their families and in
    13  their community[.] or holding oneself out to the public by any
    14  title or description of services incorporating the term "social
    15  worker" or using any words or symbols indicating or tending to
    16  indicate that one is a social worker, except as otherwise
    17  provided by this act.
    18     * * *
    19     "Social worker."  A person who holds a current license under
    20  this act or has received a bachelors, masters or doctoral degree
    21  from an accredited school or program of social work or social
    22  welfare.
    23     SECTION 1.1.  SECTION 7(D) OF THE ACT, AMENDED DECEMBER 21,    <--
    24  1998 (P.L.1017, NO.136), IS AMENDED TO READ:
    25  SECTION 7.  QUALIFICATIONS FOR LICENSE.
    26     * * *
    27     (D)  CLINICAL SOCIAL WORK LICENSE.--AN APPLICANT SHALL BE
    28  QUALIFIED FOR A LICENSE TO HOLD ONESELF OUT AS A LICENSED
    29  CLINICAL SOCIAL WORKER IF THE APPLICANT SUBMITS PROOF
    30  SATISFACTORY TO THE BOARD THAT ALL OF THE FOLLOWING APPLY:
    20070H1693B3393                  - 2 -     

     1         (1)  THE APPLICANT IS OF GOOD MORAL CHARACTER.
     2         (2)  THE APPLICANT HAS SUCCESSFULLY MET BOTH OF THE
     3     FOLLOWING REQUIREMENTS:
     4             (I)  HOLDS A MASTER'S DEGREE IN SOCIAL WORK OR SOCIAL
     5         WELFARE OR A DOCTORAL DEGREE IN SOCIAL WORK FROM AN
     6         ACCREDITED SCHOOL OF SOCIAL WORK AS RECOGNIZED BY THE
     7         BOARD.
     8             (II)  IS LICENSED UNDER THIS ACT AS A SOCIAL WORKER.
     9         (3)  THE APPLICANT HAS COMPLETED AT LEAST THREE YEARS OR
    10     [3,600] 3,000 HOURS OF SUPERVISED CLINICAL EXPERIENCE
    11     ACCEPTABLE TO THE BOARD AS DETERMINED BY REGULATION AFTER
    12     COMPLETION OF THE MASTER'S DEGREE IN SOCIAL WORK.
    13         (4)  THE APPLICANT HAS PASSED A CLINICAL SOCIAL WORK
    14     EXAMINATION ADOPTED BY THE BOARD.
    15         (5)  THE APPLICANT HAS SUBMITTED AN APPLICATION
    16     ACCOMPANIED BY THE 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 DEMONSTRATED 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 VIOLATIONS; AND
    20070H1693B3393                  - 3 -     

     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     * * *
     6     Section 2.  The act is amended by adding a section to read:
     7  Section 10.1.  Endorsement of out-of-State licenses.
     8     (a)  Clinical social work license.--The board may issue a
     9  clinical social work license without examination to an applicant
    10  holding a clinical social work license in another state who
    11  submits proof satisfactory to the board of all of the following:
    12         (1)  The applicant is of good moral character.
    13         (2)  The applicant holds a master's degree in social work
    14     or social welfare or a doctoral degree in social work from an
    15     accredited school of social work as recognized by the board
    16     and has passed a clinical social work examination acceptable
    17     to the board.
    18         (3)  The applicant holds a clinical social work license
    19     that is in good standing from another state.
    20         (4)  The applicant has, at a minimum, been actively        <--
    21     engaged in the practice of clinical social work for five of
    22     the last seven years immediately preceding the filing of the
    23     application for licensure by endorsement with the board.
    24         (5) (4)  The applicant has completed a minimum of 3,000    <--
    25     hours of supervised clinical experience acceptable to the
    26     board.
    27         (6) (5)  The applicant has submitted an application        <--
    28     accompanied by the application fee.
    29         (7) (6)  The applicant has not been convicted of a felony  <--
    30     under the act of April 14, 1972 (P.L.233, No.64), known as
    20070H1693B3393                  - 4 -     

     1     The Controlled Substance, Drug, Device and Cosmetic Act, or
     2     an offense under the laws of another jurisdiction, which, if
     3     committed in this Commonwealth, would be a felony under The
     4     Controlled Substance, Drug, Device and Cosmetic Act, unless:
     5             (i)  at least ten years have elapsed from the date of
     6         conviction;
     7             (ii)  the applicant satisfactorily demonstrates to
     8         the board that the applicant has made significant
     9         progress in personal rehabilitation since the conviction
    10         such that licensure of the applicant should not be
    11         expected to create a substantial risk of harm to the
    12         health and safety of the applicant's clients or the
    13         public or a substantial risk of further criminal
    14         violation; and
    15             (iii)  the applicant otherwise satisfies the
    16         qualifications contained in or authorized by this act.
    17     As used in this paragraph, the term "convicted" includes a
    18     judgment, an admission of guilt or a plea of nolo contendere.
    19     (b)  Marriage and family therapist license.--The board may
    20  issue a marriage and family therapist license without
    21  examination to an applicant holding a marriage and family
    22  therapist license in another state who submits proof
    23  satisfactory to the board of all of the following:
    24         (1)  The applicant is of good moral character.
    25         (2)  The applicant meets the educational requirements as
    26     specified in section 7(e)(2).
    27         (3)  The applicant has completed a minimum of 3,000 hours
    28     of supervised clinical experience acceptable to the board.
    29         (4)  The applicant holds a marriage and family therapy
    30     license that is in good standing from another state.
    20070H1693B3393                  - 5 -     

     1         (5)  The applicant has, at a minimum, been actively
     2     engaged in the practice of marriage and family therapy for
     3     five of the last seven years immediately preceding the filing
     4     of the application for licensure by endorsement with the
     5     board.
     6         (6)  The applicant has submitted an application
     7     accompanied by the application fee.
     8         (7)  The applicant has not been convicted of a felony
     9     under The Controlled Substance, Drug, Device and Cosmetic
    10     Act, or of an offense under the laws of another jurisdiction,
    11     which, if committed in this Commonwealth, would be a felony
    12     under The Controlled Substance, Drug, Device and Cosmetic
    13     Act, unless:
    14             (i)  at least ten years have elapsed from the date of
    15         conviction;
    16             (ii)  the applicant satisfactorily demonstrates to
    17         the board that the applicant has made significant
    18         progress in personal rehabilitation since the conviction,
    19         such that licensure of the applicant should not be
    20         expected to create a substantial risk of harm to the
    21         health and safety of the applicant's clients or the
    22         public or a substantial risk of further criminal
    23         violation; and
    24             (iii)  the applicant otherwise satisfies the
    25         qualifications contained in or authorized by this act.
    26     As used in this paragraph, the term "convicted" shall include
    27     a judgment, admission of guilt or a plea of nolo contendere.
    28     (c)  Professional counselor license.--The board may issue a
    29  professional counselor license without examination to an
    30  applicant holding a professional counselor license in another
    20070H1693B3393                  - 6 -     

     1  state who submits proof satisfactory to the board of all of the
     2  following:
     3         (1)  The applicant is of good moral character.
     4         (2)  The applicant meets the educational requirements as
     5     specified in section 7(f)(2).
     6         (3)  The applicant has completed a minimum of 3,000 hours
     7     of supervised clinical experience acceptable to the board.
     8         (4)  The applicant holds a professional counselor license
     9     that is in good standing from another state.
    10         (5)  The applicant has, at a minimum, been actively
    11     engaged in the practice of professional counselor work for
    12     five of the last seven years immediately preceding the filing
    13     of the application for licensure by endorsement with the
    14     board.
    15         (6)  The applicant has submitted an application
    16     accompanied by the application fee.
    17         (7)  The applicant has not been convicted of a felony
    18     under The Controlled Substance, Drug, Device and Cosmetic
    19     Act, or of an offense under the laws of another jurisdiction,
    20     which, if committed in this Commonwealth, would be a felony
    21     under The Controlled Substance, Drug, Device and Cosmetic
    22     Act, unless:
    23             (i)  at least ten years have elapsed from the date of
    24         conviction;
    25             (ii)  the applicant satisfactorily demonstrates to
    26         the board that the applicant has made significant
    27         progress in personal rehabilitation since the conviction,
    28         such that licensure of the applicant should not be
    29         expected to create a substantial risk of harm to the
    30         health and safety of the applicant's clients or the
    20070H1693B3393                  - 7 -     

     1         public or a substantial risk of further criminal
     2         violations; and
     3             (iii)  the applicant otherwise satisfies the
     4         qualifications contained in or authorized by this act.
     5     As used in this paragraph, the term "convicted" shall include
     6     a judgment, admission of guilt or a plea of nolo contendere.
     7     Section 3.  Section 20 of the act is amended by adding a
     8  subsection to read:
     9  Section 20.  Unlawful practice.
    10     * * *
    11     (a.1)  Title.--It shall be unlawful for an individual to hold
    12  oneself out as a social worker, use the title of "social worker"
    13  or use the abbreviation of "S.W." without meeting the definition
    14  of "social worker." This subsection includes advertising as a
    15  social worker and adopting or using any title or description, or  <--
    16  a derivative thereof OF SERVICES INCORPORATING THE TERM "SOCIAL   <--
    17  WORKER" and their related abbreviations, which implies directly
    18  or indirectly that the individual is a social worker. THIS        <--
    19  SUBSECTION SHALL NOT APPLY TO THE FOLLOWING INDIVIDUALS:
    20         (1)  AN INDIVIDUAL EMPLOYED BY THE COMMONWEALTH IN A
    21     SOCIAL WORK POSITION ON THE EFFECTIVE DATE OF THIS
    22     SUBSECTION, DURING THE TIME OF EMPLOYMENT BY THE
    23     COMMONWEALTH.
    24         (2)  AN INDIVIDUAL EMPLOYED AS A SCHOOL SOCIAL WORKER IN
    25     A PUBLIC OR PRIVATE SCHOOL IN THIS COMMONWEALTH ON OR BEFORE
    26     THE EFFECTIVE DATE OF THIS SUBSECTION, DURING THE TIME OF
    27     EMPLOYMENT AS A SCHOOL SOCIAL WORKER.
    28     * * *
    29     Section 4.  The State Board of Social Workers, Marriage and
    30  Family Therapists and Professional Counselors and the Department
    20070H1693B3393                  - 8 -     

     1  of Health shall promulgate regulations to implement the
     2  amendment or addition of sections 3, 10.1 and 20(a.1) of the act
     3  within three years of the effective date of this act.
     4     Section 5.  This act shall take effect in 60 days.


















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