THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MUNDY, STURLA, BRENNAN, COHEN, CURRY, EACHUS, FRANKEL, GERGELY, GOODMAN, JOSEPHS, McILVAINE SMITH, MURT, READSHAW, SEIP, SIPTROTH, K. SMITH, SWANGER AND THOMAS, FEBRUARY 10, 2009

REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, FEBRUARY 10, 2009  

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

licensure, for the licensing agency and its functions, for

licensure qualifications and procedure, for exemptions, for

reciprocity and for license reinstatement; providing for

restrictions on use of title "Licensed Human Services

Professional"; and further proscribing 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, amended December 21,

1998 (P.L.1017, No.136), is amended to read:

Section 2.  Legislative intent.

The practice of social work, marriage and family therapy

[and], professional counseling and human services 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 human services

work. 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 human services

professionals. [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 human services professional."  A human services

professional who holds a current license under this act.

* * *

"Practice of licensed human services."  Holding oneself out

to the public by any title or description of services

incorporating the term "licensed human services professional,"

or using any words or symbols indicating or tending to indicate

that the individual is a licensed human services professional

and, under such description, offering to render or rendering a

service under the supervision of an agency in which the

application of interdisciplinary theory, knowledge and methods

is designed to improve, restore or enhance the social or

psychosocial functioning of individuals, couples, families or

groups through the provision of services, excluding those of a

clinical nature, such as clinical assessment, treatment plan

development, counseling or psychotherapy. Appropriate licensed

human services include investigation of abuse, crisis response,

resource referral, visitation supervision, care and custody

within a program or facility, assessment of client needs for

nonclinical community programs or services, implementation of

plans for the delivery of community services based on client

needs, advocacy on behalf of persons or groups with unmet

service needs and provision of training about community needs

and problems.

* * *

"Provisionally licensed human services professional."  A

human services professional who holds a current provisional

license under this act.

* * *

Section 3.  Section 4 of the act, amended December 21, 1998

(P.L.1017, No.136), is amended to read:

Section 4.  License required.

It shall be unlawful for any person to hold himself or

herself forth as a licensed social worker, licensed clinical

social worker, licensed marriage and family therapist [or], 

licensed professional counselor, licensed human services

professional or provisionally licensed human services

professional unless he or she shall first have obtained a

license pursuant to this act.

Section 4.  Section 5(a) and (l) of the act, amended December

21, 1998 (P.L.1017, No.136), are amended and the section is

amended by adding a subsection 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] 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 as hereafter provided; one of whom shall be a licensed

human services professional; one of whom shall be a

representative of the Office of Attorney General; and one of

whom shall be the Commissioner of Professional and Occupational

Affairs.

* * *

(c.1)  Appointment of licensed human services professional.--

Within 90 days of the effective date of this subsection, the

Governor shall nominate one professional member to serve as a

human services professional on the board to serve a three-year

term. The human services professional initially appointed to the

board pursuant to this section need not have successfully

completed the licensure examination adopted by the board but, at

the time of appointment, must have satisfied the educational and

experience requirements of this act for licensure as a human

services professional.

* * *

(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, human services professionals and

provisionally licensed human services professionals. 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 social worker, licensed clinical

social worker, licensed marriage and family therapist or

licensed professional counselor within the Commonwealth.

Section 5.  Section 6 of the act, amended December 21, 1998

(P.L.1017, No.136), is amended to read:

Section 6.  Powers and functions of board.

The board shall have the following powers:

(1)  To pass upon the qualifications and fitness of

applicants for licenses and reciprocal licenses and to adopt

and revise rules and regulations requiring applicants to pass

examinations relating to their qualifications as a

prerequisite to the issuance of a license.

(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 social workers, licensed clinical

social workers, licensed marriage and family therapists

[and], licensed professional counselors, licensed human

services professionals and provisionally licensed human

services professionals in Pennsylvania.

(3)  To examine for, deny, approve, issue, revoke,

suspend or renew licenses of social workers, clinical social

workers, marriage and family therapists [and], professional

counselors, human services professionals and provisionally

licensed human services professionals pursuant to this act

and to conduct hearings in connection therewith.

(4)  To conduct hearings upon complaints concerning

violations of the provisions of this act and the rules and

regulations adopted pursuant to this act and seek the

prosecution and enjoinder of all such violations.

(5)  To expend moneys necessary to the proper carrying

out of its assigned duties.

(6)  To waive examination and grant a license in cases

deemed exceptional by the board and in accordance with

regulations promulgated by the board.

(7)  To submit annually a report to the Professional

Licensure Committee of the House of Representatives and the

Consumer Protection and Professional Licensure Committee of

the Senate containing a description of the types of

complaints received, status of the cases, board action which

has been taken and length of time from the initial complaint

to final board resolution.

(8)  To submit annually to the Appropriations Committees

of the House of Representatives and the Senate, 15 days after

the Governor has submitted his budget to the General

Assembly, a copy of the budget request for the upcoming

fiscal year which the board previously submitted to the

Department of State.

Section 6.  Section 7 of the act is amended by adding

subsections to read:

Section 7.  Qualifications for license.

* * *

(g)  Human services professional license.--An applicant shall

be qualified for a license to hold oneself out as a licensed

human services professional, provided the applicant submits

proof satisfactory to the board that:

(1)  The applicant:

(i)  Is of good moral character.

(ii)  Has received a bachelor’s degree or master’s

degree from an accredited social work program or an

accredited college or university with a major in

behavioral science, child or human development,

counseling, family studies, human services, marriage and

family therapy, psychology, social welfare or sociology.

(iii)  Has successfully completed 14 courses of three

or four credits each focused on building the skills and

knowledge to support the provision of human services, as

approved by the board. These courses may be part of the

degree program or post-degree courses offered by an

accredited social work program or accredited college or

university.

(iv)  Has successfully completed:

(A)  450 hours of supervised human service field

experience as part of a degree program; or

(B)  2,000 hours of work in a human service field

under the supervision of a licensed professional,

such as a psychiatrist, psychologist, social worker,

clinical social worker, marriage and family

therapist, professional counselor or human services

professional.

(v)  Has passed a nationally administered examination

specific to the delivery of front-line human services and

approved by the board.

(vi)  Agrees to adhere to the National Association of

Social Workers’ Professional Code of Ethics pertaining to

the delivery of direct practice social services.

(2)  The applicant has submitted an application

accompanied by the application fee.

(3)  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

violations; 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.

(h)  Human services professional provisional license.--An

applicant shall be qualified for a provisional license to hold

oneself out as a provisionally licensed human services

professional, provided the applicant submits proof satisfactory

to the board that:

(1)  The applicant is of good moral character.

(2)  The applicant has received a bachelor's degree or

master's degree from an accredited college or university with

a major in human services, behavioral science, sociology,

psychology, child development or human development.

(3)  The applicant has submitted an application

accompanied by the application fee.

(4)  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

violations; and

(iii)  the applicant otherwise satisfies the

qualifications contained in or authorized by this act.

Section 7.  Section 8 of the act, amended December 21, 1998

(P.L.1017, No.136), is amended to read:

Section 8.  Procedures for licensing.

(a)  Affidavit required.--Each application form for an

applicant submitted to the board for examination or licensure

shall have attached as part of the form an affidavit or

affirmation for the applicant to complete as to the veracity of

the information on the application.

(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 social worker, a

provisional social worker, a licensed clinical social worker, a

licensed marriage and family therapist [or], a licensed

professional counselor, a licensed human services professional 

or a provisionally licensed human services professional.

Section 8.  Section 9 of the act is amended by adding a

subsection to read:

Section 9.  Exemption from licensure examination.

* * *

(d)  Human services professional.--The requirements of

section 7(g)(1)(v) shall not apply and a license shall be issued

without examination to an applicant who meets one of the

following requirements:

(1)  Is a licensed clinical social worker, a licensed

social worker, a licensed professional counselor or a

licensed marriage and family therapist.

(2)  Is licensed in another state as a social worker, a

licensed professional counselor, a licensed marriage and

family therapist or a human services professional.

Section 9.  Sections 10 and 12 of the act, amended December

21, 1998 (P.L.1017, No.136), are amended to read:

Section 10.  Reciprocity.

The board shall have the power to grant a reciprocal license

to an applicant who is licensed or certified as a social worker,

clinical social worker, marriage and family therapist [or], 

professional counselor or human services professional 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 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 social worker, clinical social worker, marriage

and family therapist [or], professional counselor or human

services professional 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 social worker, clinical social worker, marriage and family

therapist [or], professional counselor or human services

professional pursuant to this act at any time after such

revocation.

Section 10.  The act is amended by adding a section to read:

Section 16.4.  Restrictions on use of title "Licensed Human

Services Professional."

Only individuals who have received licenses as licensed human

services professionals under this act may style themselves as

licensed human services professionals and use the letters

"L.H.S.P." in connection with their names, and it shall be

unlawful for an individual to style himself or herself as a

licensed human services professional or use any words or symbols

indicating or tending to indicate that the individual is a

licensed human services professional without holding a license

in good standing under this act.

Section 11.  Section 20 of the act, amended December 21, 1998

(P.L.1017, No.136) and July 9, 2008 (P.L.929, No.68), is amended

to read:

Section 20.  Unlawful practice.

(a)  Unlawful practice prohibited.--It shall be unlawful for

any person to hold himself or herself out as a licensed social

worker, licensed clinical social worker, marriage and family

therapist [and], professional counselor and human services

professional without possessing a valid, unexpired, unrevoked

and unsuspended license issued under this act.

(a.1)  Title.--It shall be unlawful for an individual to hold

oneself out as a social worker, use the title of "social worker"

or use the abbreviation of "S.W." without meeting the definition

of "social worker." This subsection includes advertising as a

social worker and adopting or using any title or description of

services incorporating the term "social worker" and their

related abbreviations, which implies directly or indirectly that

the individual is a social worker. This subsection shall not

apply to the following individuals:

(1)  An individual employed by the Commonwealth in a

social work position on the effective date of this

subsection, during the time of employment by the

Commonwealth.

(2)  An individual employed as a school social worker 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 social worker.

(b)  Injunction.--Unlawful practice may be enjoined by the

courts upon petition of the commissioner or the board. In any

proceeding under this section, it shall not be necessary to show

that any person is individually injured by the actions

complained of. If the court finds that the respondent has

violated this section, it shall enjoin him or her from so

practicing until he or she has been duly licensed. Procedure in

such cases shall be the same as in any other injunction suit.

(c)  Remedy cumulative.--The injunctive remedy provided in

this section shall be in addition to any other civil or criminal

prosecution and punishment.

Section 12.  This act shall take effect in 180 days.