PRINTER'S NO. 1501
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1356
Session of
2023
INTRODUCED BY PASHINSKI, MADDEN, CIRESI, ISAACSON, ROZZI,
T. DAVIS, HILL-EVANS, HOHENSTEIN, MATZIE, D. WILLIAMS,
PROBST, PICKETT, GAYDOS, CONKLIN, HOWARD, DELLOSO, VENKAT,
BURGOS, MULLINS AND JAMES, JUNE 9, 2023
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JUNE 9, 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 licensing and regulating the practice of music
therapy; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title and sections 1 and 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, are
amended to read:
AN ACT
Licensing and regulating the practice of social work, marriage
and family therapy, professional counseling and professional
music therapy; providing penalties; and making an
appropriation.
Section 1. Short title.
This act shall be known and may be cited as the Social
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Workers, Marriage and Family Therapists [and], Professional
Counselors and Professional Music Therapists Act.
Section 2. Legislative intent.
The practice of social work, marriage and family therapy
[and], professional counseling and professional music therapy
within this Commonwealth is hereby declared to affect the public
safety and welfare and to be subject to regulation and control
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 music 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 as licensed
professional music 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 "board" 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:
* * *
"Board." The State Board of Social Workers, Marriage and
Family Therapists [and], Professional Counselors and
Professional Music Therapists under the Bureau of Professional
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and Occupational Affairs within the Department of State.
* * *
"Independent practice of music therapy." The application of
professional music therapy knowledge and skills by an
individual:
(1) who styles oneself as a professional music
therapist;
(2) who regulates and is responsible for the
individual's 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 music therapist." A person who
engages in the practice of music therapy and who holds a current
license under this act.
* * *
"Practice of music therapy." As follows:
(1) The clinical and evidence-based use of music
interventions to accomplish individualized goals for
individuals of all ages and ability levels within a
therapeutic relationship by a licensed professional music
therapist. Professional m usic therapists develop an
individualized music therapy treatment plan for a client or
group of clients that identifies the goals, objectives and
potential strategies of the music therapy services
appropriate for the client or group of clients using music
therapy interventions, including, but not limited to, music
improvisation, receptive music listening, song-writing, lyric
discussion, music and imagery, music performance, learning
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through music and movement to music.
(2) The term includes:
(i) Accepting referrals for music therapy services
from medical, developmental, mental health or education
professionals, family members, clients, caregivers or
others involved and authorized with provision of client
services.
(ii) Conducting a music therapy assessment of a
client to determine if treatment is indicated. If
treatment is indicated, the licensed professional music
therapist collects systematic, comprehensive and accurate
information necessary to determine the appropriate type
of music therapy services to provide for the client.
(iii) Developing an individualized music therapy
treatment plan for a client that is based upon the
results of the music therapy assessment.
(iv) Carrying out an individualized music therapy
treatment plan that is consistent with other medical,
developmental, rehabilitative, habilitating, mental
health, preventive, wellness care or educational services
being provided to a client.
(v) Evaluating a client's response to music therapy
a nd the individualized music therapy treatment plan,
documenting change and progress and suggesting
modifications, as appropriate.
(vi) Developing a plan for determining when the
provision of music therapy services is no longer needed
in collaboration with the client, a physician or other
provider of health care or education of the client, the
family or caregiver of the client and any other
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appropriate person upon whom the client relies for
support.
(vii) Minimizing barriers to ensure a client may
receive music therapy services in the least restrictive
environment.
(viii) Collaborating with and educating the client
and the family or caregiver of the client or any other
appropriate person about the needs of the client that are
being addressed in music therapy and the manner in which
the music therapy addresses those needs.
(ix) Utilizing appropriate knowledge and skill to
improve the practice of music therapy, including the use
of research, reasoning and problem-solving skills to
determine appropriate actions in the context of each
specific clinical setting.
(3) The term does not include:
(i) The screening, diagnosis or assessment of any
physical, mental or communication disorder.
(ii) A person whose training and national
certification attests to the person's preparation and
ability to practice the certified profession or
occupation, if the person does not represent that the
person is a music therapist.
(iii) The practice of music therapy as an integral
part of a program of study for a student enrolled in an
accredited music therapy program, if the student does not
represent that the student is a music therapist.
(iv) A person who engages in the practice of music
therapy under the supervision of a licensed professional
music therapist, if the person does not represent that
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the person is a music therapist.
* * *
"Professional music therapist." A person who has acquired
the necessary education and qualifications to apply to be a
licensed professional music therapist under this act and engage
in the practice of music therapy in this Commonwealth.
* * *
Section 3. Sections 4, 5 heading, (a), (c) 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] represent that the person is a licensed
bachelor social worker, licensed social worker, licensed
clinical social worker, licensed marriage and family therapist
[or], licensed professional counselor or licensed professional
music therapist unless [he or she] the person shall first have
obtained a license pursuant to this act.
Section 5. State Board of Social Workers, Marriage and Family
Therapists [and], Professional Counselors and
Professional Music Therapists.
(a) Creation.--There is hereby created the State Board of
Social Workers, Marriage and Family Therapists [and],
Professional Counselors and Professional Music Therapists, 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
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shall be licensed marriage and family therapists; two of whom
shall be licensed professional counselors; two of whom shall be
licensed professional music therapists with a master's degree or
higher in music therapy or a related field ; 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;
and one of whom shall be the Commissioner of Professional and
Occupational Affairs.
* * *
(c) Initial appointments.--Within 90 days of the effective
date of this act, the Governor shall nominate one professional
member to serve as a clinical social worker member of the board;
three professional members to serve as professional counselor
members of the board, one of whom shall serve a two-year term,
one of whom shall serve a three-year term and one of whom shall
serve a four-year term; two professional members to serve as the
marriage and family therapist members of the board, one of whom
shall serve a two-year term and one of whom shall serve a four-
year term[.]; and two professional members to serve as the
licensed professional music therapist members of the board, one
of whom shall serve a two-year term and one of whom shall serve
a four-year term. The professional members of the board
initially appointed pursuant to this subsection need not be
licensed by the licensure examination adopted by the board but,
at the time of appointment, must have satisfied the education
and experience requirements of this act for licensure as a
clinical social worker, a marriage and family therapist [or], a
professional counselor or a licensed professional music
therapist.
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* * *
(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 and professional music therapists. 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 clinical social worker,
licensed marriage and family therapist [or], licensed
professional counselor or professional music therapist within
[the] this 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 music 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
music therapists pursuant to this act and to conduct hearings
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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 music therapist license.--An applicant
shall be qualified for a license to hold oneself out as a
licensed professional music therapist, provided the applicant
submits proof satisfactory to the board that:
(1) The applicant is of good moral character.
(2) The applicant has completed the education and
clinical training requirements established by the American
Music Therapy Association or any successor organization.
(3) The applicant provides proof of passing the
examination for board certification offered by the
Certification Board for Music Therapists or any successor
organization or provides proof of being transitioned into
board certification, and provides proof that the applicant is
currently a board certified music therapist.
(4) The applicant remains actively certified by the
Certification Board for Music Therapists.
(5) The applicant has submitted an application
accompanied by the application fee.
(6) 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:
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(i) at least ten years have elapsed from the date of
conviction;
(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 the applicant's clients or the
public or a substantial risk of further criminal
violation; and
(iii) the applicant otherwise satisfies the
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.
Section 5. Sections 8(b) and 10(a) 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 out as] represent that the person is 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 music therapist.
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
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as a bachelor social worker, social worker, clinical social
worker, marriage and family therapist [or], professional
counselor or a professional music 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.
* * *
Section 6. 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 music therapist license.--The board may
issue a professional music therapist license without examination
to an applicant holding a professional music 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.
(2) The applicant meets the educational requirements,
including clinical training as specified in section 7(h).
(3) The applicant holds a music therapy license that is
in good standing from another state.
(4) The applicant has, at a minimum, been actively
engaged in the practice of music therapy for five of the last
seven years immediately preceding the filing of the
application for licensure by endorsement with the board.
(5) The applicant has submitted an application
accompanied by the application fee.
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(6) 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:
(i) at least ten years have elapsed from the date of
conviction;
(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 the applicant's clients or the
public or a substantial risk of further criminal
violation; and
(iii) the applicant otherwise satisfies the
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.
Section 7. 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 music therapist 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
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five years, but must meet all of the licensing qualifications of
this act, including the examination requirement, if [he or she]
the person desires to practice as a bachelor social worker,
social worker, clinical social worker, marriage and family
therapist [or], professional counselor or professional music
therapist pursuant to this act at any time after such
revocation.
Section 8. The act is amended by adding a section to read:
Section 16.5. Practice of music therapy and restrictions on use
of title "Licensed Professional Music Therapist."
(a) Before treatment.--
(1) Before providing music therapy services to a client
for an identified clinical or developmental need, the
licensed professional music therapist shall review with the
health care provider involved in the client's care the
client's diagnosis, treatment needs and treatment plan.
(2) Before providing music therapy services to an
individual for an identified educational need, the licensed
professional music therapist shall review with the
individualized family service plan team or individualized
education program team the individual's diagnosis, treatment
needs and treatment plan.
(b) During treatment.--
(1) When providing music therapy services to a client,
the licensed professional music therapist shall collaborate,
as applicable, with the client's treatment team, including
physician, psychologist, licensed social worker or other
mental health professional.
(2) When providing music therapy services to a client
with a communication disorder, the licensed professional
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music therapist shall collaborate and discuss the music
therapy treatment plan with the client's audiologist or
speech-language pathologist. When providing educational or
health care services, a licensed professional music therapist
may not replace the services provided by an audiologist or a
speech-language pathologist. Unless authorized to practice
speech-language pathology, music therapists may not evaluate,
examine, instruct or counsel on speech, language,
communication and swallowing disorders and conditions.
(c) Use of title.--Only individuals who have received
licenses as licensed professional music therapists under this
act may style themselves as licensed professional music
therapists and use the letters "L.P.M.T." in connection with
their names. It shall be unlawful for an individual to style
oneself as a licensed professional music therapist, a music
therapist or use any words or symbols indicating or tending to
indicate that the individual is a licensed professional music
therapist or a music therapist without holding a license in good
standing under this act.
(d) Construction.--Nothing in this section shall be
construed to prohibit a person who is licensed or certified to
practice a profession by a Commonwealth agency or board from
practicing within the scope of that license or certificate or as
otherwise authorized by law so long as the person does not
represent themselves as a music therapist.
(e) Communication disorders.--A licensed professional music
therapist may not represent to the public that the licensed
professional music therapist is authorized to treat a
communication disorder. This does not prohibit a licensed
professional music therapist from representing to the public
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that the licensed professional music therapist works with
clients who have a communication disorder and addresses
communication skills.
Section 9. 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
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 music therapy without being licensed pursuant to this act or
on any person who [holds himself or herself out as] represents
that the person is 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
music 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).
* * *
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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 music 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
therapy [or], the independent practice of professional
counseling or the independent practice of music therapy or [hold
himself or herself out as] represent that the person is a
licensed bachelor social worker, licensed social worker,
licensed clinical social worker, licensed marriage and family
therapist [and], licensed professional counselor and licensed
professional music therapist without possessing a valid,
unexpired, unrevoked and unsuspended license issued under this
act.
* * *
Section 10. This act shall take effect in 60 days.
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