PRINTER'S NO. 1404
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1091
Session of
2024
INTRODUCED BY CULVER, BROWN, COMITTA, SCHWANK, DILLON, MUTH,
BREWSTER, CAPPELLETTI, LAUGHLIN, YAW AND STREET,
MARCH 11, 2024
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MARCH 11, 2024
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 reciprocity, for endorsement of
out-of-State licenses and for reinstatement of license;
providing for restrictions on use of title "Licensed
Recreational Therapist"; and further providing for penalties,
for license renewal and 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,
recreational therapy and professional counseling within this
Commonwealth is hereby declared to affect the public safety and
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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, recreational
therapy and licensed professional counseling. This act regulates
only those who hold themselves out as licensed social workers,
licensed clinical social workers, licensed marriage and family
therapists, licensed recreational therapists or as licensed
professional counselors. [Acquisition] Except for a licensed
recreational therapist, 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. Section 3 of the 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 recreational therapist." An individual who engages
or offers to engage in the practice of recreational therapy and
who holds a current license under this act.
* * *
"Methods and techniques of recreational therapy." Methods
and techniques used by licensed recreational therapists which
may include any of the following:
(1) Conducting an individualized assessment for the
purpose of collecting systematic, comprehensive and accurate
data necessary to determine the course of action and
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subsequent individualized treatment plan.
(2) Planning and developing an individualized
recreational therapy treatment plan that identifies an
individual's goals, objectives and potential treatment
intervention strategies for play, recreation, leisure and
community activities.
(3) Implementing an individualized recreational therapy
treatment plan that is consistent with the overall treatment
plan.
(4) Systematically evaluating and comparing the
individual's response to the individualized recreational
therapy treatment plan and making modifications as
appropriate.
(5) Developing a discharge plan in collaboration with
the individual and the individual's family, treatment team
and other identified support networks where appropriate.
(6) Identifying and training individuals in the use of
adaptive play, recreation and leisure equipment.
(7) Identifying, providing and educating individuals to
use play, recreation, leisure and community resources that
support a healthy, active and engaged life.
(8) Providing leisure education and counseling to
address issues that hinder health and engagement in play,
recreation, leisure and community activities.
(9) Providing community integration, reintegration,
inclusion and transitioning services to maximize health and
participation in play, recreation, leisure and community
activities.
(10) Addressing functional skill recovery, development
or maintenance related to health and participation in play,
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recreation, leisure and community activities and utilizing
play, recreation, leisure and community activities as
modalities to advance health and functioning.
(11) Assisting individuals in constructing a healthy
leisure lifestyle that supports continued recovery, health
promotion and quality of life.
(12) Providing play, recreation, leisure and community
opportunities for individuals with illness, disability or
challenges for therapeutic purposes.
(13) Minimizing personal and environmental contextual
barriers and maximizing personal and environmental contextual
facilitators to enhance health and participation in play,
recreation, leisure and community activities.
(14) Collaborating with and educating the individual,
family, caregiver and others to foster an environment that is
responsive to the health, play, recreation, leisure and
community engagement needs of the individual.
(15) Consulting with groups, programs, organizations or
communities to improve physical, social and programmatic
accessibility in play, recreation, leisure and community
activities.
* * *
"Practice of recreational therapy." The professional
application of methods and techniques of recreational therapy
designed to treat an individual affected by an illness or
disabling condition in order to accomplish any of the following:
(1) Restore, remediate or rehabilitate the individual's
level of functioning and independence in play, leisure,
recreation and community activities.
(2) Promote health and wellness through engagement in
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play, leisure, recreation and community activities.
(3) Reduce or eliminate limitations and restrictions to
participation in play, leisure, recreation and community
activities.
* * *
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 a licensed bachelor social worker, licensed
social worker, licensed clinical social worker, licensed
marriage and family therapist, licensed recreational therapist
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, Recreational Therapists and
Professional Counselors.
(a) Creation.--There is hereby created the State Board of
Social Workers, Marriage and Family Therapists, Recreational
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] six 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
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counselor whose membership shall rotate between those
professions at the expiration of the member's second term; one
of whom shall be a licensed recreational therapist; 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 one professional member to serve as the licensed
recreational therapist member of the board, who 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, a recreational
therapist or a professional counselor.
* * *
(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,
licensed recreational therapists and professional counselors. It
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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, recreational therapist
or licensed professional counselor 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, licensed recreational
therapists 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, marriage and family
therapists, licensed recreational therapists and professional
counselors 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.
* * *
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(h) Recreational therapist license.--An applicant shall be
qualified for a license to hold oneself out as a licensed
recreational therapist if the applicant submits proof
satisfactory to the board that the applicant:
(1) Is at least 18 years of age.
(2) Will uphold ethical guidelines and professional
conduct established by the profession.
(3) Has submitted a completed application and fee as
required by the board by regulation.
(4) Has completed certification requirements for and
maintains certification by the National Council for
Therapeutic Recreation Certification.
(5) Is not addicted to alcohol, narcotics or other
habit-forming drugs.
(6) Has not been convicted of a felony under the act of
April 14, 1972 (P.L.233, No.64), known as 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
following apply:
(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
and the licensure of the applicant is not 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.
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(iii) The applicant otherwise satisfies the
qualifications required under this act.
Section 5. Sections 8(b) and 10 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 a licensed bachelor social worker, a
licensed social worker, a licensed clinical social worker, a
licensed marriage and family therapist, a licensed recreational
therapist 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, marriage and family therapist, licensed recreational
therapist 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.
(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, licensed recreational
therapist or [a] professional counselor in another state to
practice in this Commonwealth without licensure for no more than
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60 days as part of a relief effort related to a state of
emergency as declared by the Federal Government or the Governor.
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) Recreational therapist license.--The board may issue a
recreational therapist license to an applicant holding a
recreational 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 certification requirements
under section 7(h)(4).
(3) The applicant holds a recreation therapy license
that is in good standing from another state.
(4) The applicant has submitted an application
accompanied by the application fee.
(5) Has not been convicted, include the entrance of a
judgment or an admission of guilt or a plea of nolo
contendere, of a felony under the act of April 14, 1972
(P.L.233, No.64), known as 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
following apply:
(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
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progress in personal rehabilitation since the conviction
and the licensure of the applicant is not 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.
(iii) The applicant otherwise satisfies the
qualifications required under this act.
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, licensed
recreational therapist 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, licensed recreational therapist or
professional counselor 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. Restrictions on use of title "Licensed
Recreational Therapist."
A person may not practice or hold himself or herself out as
being able to engage in the practice of recreational therapy,
use the term "recreational therapist," "licensed recreational
therapist," the initials "CTRS/L" or other similar terms or
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provide recreational therapy services in this Commonwealth
without being licensed under this act to do so.
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, the independent
practice of recreational therapy or the independent practice of
professional counseling 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 recreational 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 18. License renewal; records and fees.
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* * *
(b) Records.--A record of all persons licensed to practice
as bachelor social workers, social workers, clinical social
workers, marriage and family therapists, licensed recreational
therapists and professional counselors 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, the independent practice of recreational therapy or the
independent practice of professional counseling or hold himself
or herself out as a licensed bachelor social worker, licensed
social worker, licensed clinical social worker, marriage and
family therapist, licensed recreational therapist and
professional counselor 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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