PRINTER'S NO. 774
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
786
Session of
2021
INTRODUCED BY BRIGGS, SANCHEZ AND WEBSTER, MARCH 8, 2021
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 8, 2021
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 legislative intent, 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 exemption from licensure
examination, for reciprocity, for endorsement of out-of-State
licenses and for reinstatement of license; providing for
restriction on use of title "licensed professional art
therapist" and related titles; and further providing for
penalties, for license renewal, records and fees and for
unlawful practice.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 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, is amended to read:
Section 2. Legislative intent.
The practice of social work, marriage and family therapy
[and], professional counseling and professional art therapy
within this Commonwealth is hereby declared to affect the public
safety and welfare and to be subject to regulation and control
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in the public interest to protect the public from
unprofessional, improper, unauthorized and unqualified practice
of licensed social work, licensed marriage and family therapy
[and], licensed professional counseling and licensed
professional art therapy. This act regulates only those who hold
themselves out as licensed social workers, licensed clinical
social workers, licensed marriage and family therapists [or as],
licensed professional counselors or licensed professional art
therapists. Acquisition of a license under this act shall not be
made a condition of the employment of a person by the
Commonwealth or any of its political subdivisions or by
nonprofit agencies.
Section 2. The definition of "diagnosis" in section 3 of the
act, is amended and the section 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:
* * *
"Certified art therapist." An individual holding national
board certification from the Art Therapy Credentials Board.
* * *
"Diagnosis." The term includes the following:
(1) A clinical social work assessment, a marriage and
family therapist assessment [or], a professional counselor
assessment or a professional art therapy assessment.
(2) The utilization of currently accepted diagnostic
classifications by a clinical social worker, a marriage and
family therapist [or], a professional counselor or a
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professional art therapist, including, but not limited to,
the American Psychiatric Association's Diagnostic and
Statistical Manual of Mental Disorders, as amended and
supplemented, but only to the extent of the clinical social
worker's, marriage and family therapist's [or], professional
counselor's or professional art therapist's education,
training, experience and scope of practice as established by
this act.
* * *
"Independent practice of professional art therapy." The
application of professional art therapy knowledge and skills by
an individual:
(1) who styles oneself as a professional art therapist;
(2) who regulates and is responsible for his or her own
practice and treatment procedures; and
(3) whose practice is not affiliated with any other
practice, health care facility, government agency or
government-regulated social service agency.
* * *
"Licensed professional art therapist." An individual who
engages in the practice of professional art therapy and who
holds a current license under this act.
* * *
"Practice of professional art therapy." The integrative
application of psychotherapeutic principles and methods with
specialized training in strategic use of art media, the
neurobiological implications of art making and art-based
assessment models. The term includes the following:
(1) The evaluation, assessment, diagnosis and treatment
of normal and abnormal cognitive, developmental, behavioral
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and emotional disorders in individuals, families and groups.
(2) Strategic application of therapeutic art
interventions, in the context of applied psychological theory
in a psychotherapeutic relationship.
(3) Facilitation of visual, nonverbal and verbal
receptive and expressive communication and implementation of
treatment plans to help clients improve cognitive and sensory
motor functions, increase self-awareness and self-esteem,
cope with traumatic experience and grief, reduce symptoms of
depression, anger and distress and improve educational
performance, vocational performance and social functioning.
* * *
"Professional art therapy assessment." The professional
application of psychotherapeutic and art therapy theories and
techniques to evaluate, identify and establish plans for
treatment of individuals, families and groups with emotional,
mental, addiction and behavioral disorders. The term includes a
mental health examination and psychological history.
* * *
Section 3. Sections 4, 5(a), (k) and (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 forth as a licensed bachelor social worker, licensed
social worker, licensed clinical social worker, licensed
marriage and family therapist [or], licensed professional
counselor or licensed professional art therapist 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.
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(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] 15 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 whose membership shall rotate between those
professions at the expiration of the member's second term; two
of whom shall be licensed professional art therapists; and one
of whom shall be the Commissioner of Professional and
Occupational Affairs.
* * *
(k) Notice.--Reasonable notice of all meetings shall be
given in conformity with [the act of July 3, 1986 (P.L.388,
No.84), known as the Sunshine Act] 65 Pa.C.S. Ch. 7 (relating to
open meetings).
(l) Operating procedures.--The board shall meet within 30
days after the appointment of its new members and set up
operating procedures and develop application forms for licensing
clinical social workers, marriage and family therapists 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
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licensed bachelor social worker, licensed social worker,
licensed clinical social worker, licensed marriage and family
therapist [or], licensed professional counselor or licensed
professional art therapist 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
marriage and family therapists [and], licensed professional
counselors and licensed professional art therapists in
Pennsylvania.
(3) To examine for, deny, approve, issue, revoke,
suspend or renew licenses of bachelor social workers, social
workers, clinical social workers, marriage and family
therapists [and], professional counselors and professional
art therapists pursuant to this act and to conduct hearings
in connection therewith.
* * *
Section 4. Section 7 of the act is amended by adding a
subsection to read:
Section 7. Qualifications for license.
* * *
(h) Professional art therapist license.--An applicant shall
be qualified to hold oneself out as a licensed professional art
therapist if the applicant submits proof satisfactory to the
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board that all of the following apply:
(1) The applicant is of good moral character.
(2) The applicant has successfully met one of the
following educational requirements:
(i) Holds a master's degree with a minimum of 60
semester hours or 90 quarter hours of graduate coursework
in art therapy from a program that was approved by the
American Art Therapy Association or accredited by the
Commission on Accreditation of Allied Health Education
Programs at the time the degree was conferred.
(ii) Has successfully completed a master's degree
with a minimum of 60 semester hours or 90 quarter hours
of graduate coursework in art therapy or a field
determined by the board by regulation to be closely
related to the practice of professional art therapy.
(iii) Holds a doctoral degree in art therapy from an
accredited educational institution or holds a doctoral
degree in a field determined by the board by regulation
to be closely related to the practice of professional art
therapy from an accredited educational institution.
(3) The applicant has complied with the experience
requirements as follows:
(i) An individual meeting the educational
requirements of paragraph (2)(i) or (ii) must have
completed at least 3,000 hours of supervised clinical
experience, acceptable to the board as determined by
regulation, which was obtained subsequent to granting of
the master's degree.
(ii) An individual meeting the educational
requirements of paragraph (2)(iii) must have completed at
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least 2,400 hours of supervised clinical experience,
acceptable to the board as determined by regulation,
1,200 hours of which was obtained subsequent to the
granting of the doctoral degree.
(4) The applicant's postgraduate experience is completed
under supervision by a licensed professional art therapist, a
certified art therapist or any other licensed mental health
professional acceptable to the board as determined by
regulation.
(5) The applicant has passed an examination adopted by
the board.
(6) The application has been accompanied by the
application fee.
(7) 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 the applicant otherwise satisfies the
qualifications contained in or authorized by this act and:
(i) at least five years have elapsed from the date
of conviction; or
(ii) 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 violation,
in which case the board may issue a probationary license
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for the remainder of the five years required in
subparagraph (i).
As used in this paragraph, the term "convicted" includes
a judgment, an admission of guilt or a plea of nolo
contendere.
Section 5. Section 8(b) of the act is 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 out as a licensed bachelor social worker, a
licensed social worker, a licensed clinical social worker, a
licensed marriage and family therapist [or], a licensed
professional counselor or a licensed professional art therapist.
Section 6. Section 9 of the act is amended by adding a
subsection to read:
Section 9. Exemption from licensure examination.
* * *
(d) Professional art therapists.--The requirements of
section 7(h)(5) shall not apply and a license shall be issued
without examination to an applicant who meets all of the
following requirements:
(1) Has submitted an application for a professional art
therapist license, accompanied by the required fee, within
two years after the effective date of this paragraph.
(2) Can demonstrate proof of practice of professional
art therapy for at least five of the seven years immediately
prior to the date of application for license.
(3) Has successfully met one of the following
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educational requirements:
(i) Has a doctoral degree in art therapy or a field
determined by the board by regulation to be closely
related to the practice of professional art therapy from
an accredited educational institution.
(ii) Has a master ' s degree of at least 48 semester
hours or 72 quarter hours from a program in art therapy
approved by the American Art Therapy Association.
(iii) Has a master ' s degree from an accredited
educational institution with a course of study that the
Art Therapy Credentials Board has determined is
equivalent to an approved program in art therapy for
purposes of meeting the education requirements for
registration as an art therapist.
(4) Holds a current credential as a certified art
therapist and has passed the national board certification
examination of the Art Therapy Credentials Board.
Section 7. Section 10 of the act is amended to read:
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, marriage and family therapist [or], professional
counselor or professional art therapist 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.
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(b) Emergencies.--The board shall have the power to allow an
individual who is licensed or certified as a clinical social
worker, a marriage and family therapist [or], a professional
counselor or a professional art therapist in another state to
practice in this Commonwealth without licensure for no more than
60 days as part of a relief effort related to a state of
emergency as declared by the Federal Government or the Governor.
Section 8. Section 10.1 of the act is amended by adding a
subsection to read:
Section 10.1. Endorsement of out-of-State licenses.
* * *
(d) Professional art therapist.--The board may issue a
professional art therapist license without examination to an
applicant holding a professional art therapist or equivalent
mental health license in another state who submits proof
satisfactory to the board of all of the following:
(1) The applicant is of good moral character.
(2) The applicant meets the educational requirements as
specified in section 7(h)(2).
(3) The applicant has completed a minimum of 3,000 hours
of supervised clinical experience acceptable to the board.
(4) The applicant holds a license that is in good
standing from another state.
(5) The applicant has, at a minimum, been actively
engaged in the practice of professional art therapy work for
five of the last seven years immediately preceding the filing
of the application for licensure by endorsement with the
board.
(6) The applicant has submitted an application
accompanied by the application fee.
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(7) 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 the applicant otherwise satisfies the
qualifications contained in or authorized by this act and:
(i) at least five years have elapsed from the date
of conviction; or
(ii) 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 violation,
in which case the board may issue a probationary license
for the remainder of the five years required in
subparagraph (i).
As used in this paragraph, the term "convicted" includes
a judgment, an admission of guilt or a plea of nolo
contendere.
Section 9. Section 12 of the act is amended to read:
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
social worker, marriage and family therapist [or], professional
counselor or professional art therapist pursuant to this act,
which has been revoked. Any person whose license has been
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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 or professional art therapist pursuant to
this act at any time after such revocation.
Section 10. The act is amended by adding a section to read:
Section 16.5. Restriction on use of title " licensed
professional art therapist " and related titles.
(a) General rule.--Only individuals who have received
licenses as licensed professional art therapists under this act
may engage in the independent practice of professional art
therapy, use the letters " L.P.A.T. " in connection with their
names, or represent themselves to the public as licensed
professional art therapists, professional art therapists or art
therapists. It shall be unlawful for an individual to style
oneself as a professional art therapist, advertise or engage in
the independent practice of professional art therapy or use any
words or symbols indicating or tending to indicate that the
individual is a licensed professional art therapist,
professional art therapist or otherwise qualified to practice
professional art therapy without holding a license in good
standing under this act.
(b) Nonapplicability.--This section shall not apply to the
following:
(1) A person employed by the Commonwealth in an art
therapist position on the effective date of this subsection,
during the time of employment by the Commonwealth in that
position.
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(2) A person who holds a valid license or is certified
or regulated pursuant to another professional licensure law
or State certification of the Commonwealth and who is
credentialed by the Art Therapy Credentials Board as a
certified art therapist.
(3) A person who is practicing professional art therapy
under supervision to meet the supervised clinical experience
requirement to become a licensed professional art therapist
pursuant to this act if the person does not represent himself
or herself as a licensed professional art therapist or
professional art therapist.
(4) A student enrolled in an art therapy academic
program with an accredited educational institution while
practicing art therapy under qualified supervision and as
part of an approved course of study if the person does not
represent himself or herself as a professional art therapist
or art therapist. A student enrolled in an art therapy
program may identify himself or herself only as an " art
therapy student " or " art therapy intern. "
Section 11. Sections 17(b), 18(b) and 20(a) of the act are
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 $10,000 on any current licensee who violates
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any provision of this act, on any person who engages in the
independent practice of clinical social work, the independent
practice of marriage and family therapy [or], the independent
practice of professional counseling or the independent practice
of professional art therapy without being licensed pursuant to
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, licensed professional counselor or marriage and
family therapist or licensed professional art therapist or
professional art 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 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, marriage and family therapists [and], professional
counselors and professional art therapists in Pennsylvania shall
be kept in the office of the board and shall be open to public
inspection 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
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therapy [or], the independent practice of professional
counseling or the independent practice of professional art
therapy or hold himself or herself out as a licensed bachelor
social worker, licensed social worker, licensed clinical social
worker, marriage and family therapist [and], professional
counselor and licensed professional art therapist without
possessing a valid, unexpired, unrevoked and unsuspended license
issued under this act.
* * *
Section 12. Within 60 days of the effective date of this
section, the Governor shall nominate two professional members to
serve as the licensed professional art therapist members of the
State Board of Social Workers, Marriage and Family Therapists
and Professional Counselors. The professional members initially
appointed pursuant to this section need not be licensed by the
licensure examination adopted by the State Board of Social
Workers, Marriage and Family Therapists and Professional
Counselors but, at the time of appointment, must satisfy all
other requirements of this act for licensure as a professional
art therapist.
Section 13. The State Board of Social Workers, Marriage and
Family Therapists and Professional Counselors shall promulgate
final regulations to carry out the provisions of this act within
18 months of the effective date of this section.
Section 14. This act shall take effect as follows:
(1) The following provisions shall take effect in 24
months:
(i) The amendment of section 4 of the act.
(ii) The addition of section 16.5 of the act.
(iii) The amendment of section 17(b) of the act.
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(iv) The amendment of section 20(a) of the act.
(2) The remainder of this act shall take effect in 60
days.
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