PRIOR PRINTER'S NO. 956
PRINTER'S NO. 1671
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
837
Session of
2015
INTRODUCED BY AUMENT, RAFFERTY, SMITH, PILEGGI, HUGHES AND
SCAVELLO, MAY 20, 2015
SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL
LICENSURE, AS AMENDED, APRIL 5, 2016
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
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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 between those professions 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["]," "Marriage and
Family Therapist" and related titles.
(a) General rule.--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
without [holding a license] being licensed as a marriage and
family therapist in good standing under this act.
(b) Nonapplicability.--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 on the effective date of this
subsection, during the time of employment by the
Commonwealth.
(2) A person employed as a school marriage and family
therapist in a public or private school in this Commonwealth
on or before the effective date of this subsection, during
the time of employment as a school marriage and family
therapist.
(3) A person who holds a valid license or is certified
or regulated pursuant to another professional licensure law
or State certification of this 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, as long as the person does not
represent himself or herself as a licensed marriage and
family therapist.
(5) A person who is a student of marriage and family
therapy and is enrolled in a prescribed course of study at an
accredited educational institution, so long as 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
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THERAPIST.
Section 2. Section 17(b) of the act, amended October 22,
2014 (P.L.2884, No.179), 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] $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 or marriage and family therapist 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
final 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 4. This act shall take effect in 120 days.
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