1Amending the act of July 9, 1987 (P.L.220, No.39), entitled "An
2act licensing and regulating the practice of social work;
3providing penalties; and making an appropriation," further
4providing for definitions, for State Board of Social Workers,
5Marriage and Family Therapists and Professional Counselors,
6for restriction on the use of title "Licensed Marriage and
7Family Therapist" and for penalties; and making editorial
8changes.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Section 2 of the act of July 9, 1987 (P.L.220,
12No.39), known as the Social Workers, Marriage and Family
13Therapists and Professional Counselors Act, amended December 21,
141998 (P.L.1017, No.136), is amended to read:

15Section 2. Legislative intent.

16The practice of social work, marriage and family therapy and
17professional counseling within this Commonwealth is hereby
18declared to affect the public safety and welfare and to be
19subject to regulation and control in the public interest to
20protect the public from unprofessional, improper, unauthorized
21and unqualified practice of licensed social work, licensed

1marriage and family therapy and licensed professional
2counseling. This act regulates only those who hold themselves
3out as licensed social workers, licensed clinical social
4workers, [licensed] marriage and family therapists or as
5licensed professional counselors. Acquisition of a license under
6this act shall not be made a condition of the employment of a
7person by the Commonwealth or any of its political subdivisions
8or by nonprofit agencies.

9Section 2. The definition of "licensed marriage and family
10therapist" in section 3 of the act, amended December 21, 1998
11(P.L.1017, No.136), is amended and the section is amended by
12adding a definition to read:

13Section 3. Definitions.

14The following words and phrases when used in this act shall
15have the meanings given to them in this section unless the
16context clearly indicates otherwise:

17* * *

18["Licensed marriage and family therapist." An individual who
19engages in or offers to engage in the practice of marriage and
20family therapy and who holds a current license under this act.]

21* * *

22"Marriage and family therapist." An individual who engages
23in or offers to engage in the practice of marriage and family
24therapy and who holds a current license under this act.

25Section 3. Sections 4, 5(a), (b) and (l) and 6 of the act,
26amended December 21, 1998 (P.L.1017, No.136), are amended to
27read:

28Section 4. License required.

29It shall be unlawful for any person to hold himself or
30herself forth as a licensed social worker, licensed clinical

1social worker, [licensed] marriage and family therapist or
2licensed professional counselor unless he or she shall first
3have obtained a license pursuant to this act.

4Section 5. State Board of Social Workers, Marriage and Family
5Therapists and Professional Counselors.

6(a) Creation.--There is hereby created the State Board of
7Social Workers, Marriage and Family Therapists and Professional
8Counselors, a departmental administrative board in the
9Department of State. The board shall consist of 13 members who
10are citizens of the United States and who have been residents of
11this Commonwealth for a two-year period, two of whom shall be
12public members; five of whom shall be licensed social workers,
13at least one of whom shall be a licensed clinical social worker
14and at least one of whom shall be a licensed social worker; two
15of whom shall be [licensed] marriage and family therapists; two
16of whom shall be licensed professional counselors; one of whom
17shall be either a [licensed] marriage and family therapist or a
18licensed professional counselor [as hereafter provided] whose 
19membership shall rotate at the expiration of the member's second 
20term; and one of whom shall be the Commissioner of Professional
21and Occupational Affairs.

22(b) Term of office.--The members shall serve for four-year
23terms, except as provided in subsection (c), and shall be
24appointed by the Governor by and with the advice and consent of
25a majority of the members elected to the Senate. The term of the
26licensed professional counselor initially appointed for a two-
27year term shall thereafter alternate between [licensed] marriage
28and family therapists and licensed professional counselors.

29* * *

30(l) Operating procedures.--The board shall meet within 30

1days after the appointment of its new members and set up
2operating procedures and develop application forms for licensing
3clinical social workers, marriage and family therapists and
4professional counselors. It shall be the responsibility of the
5board to circulate these forms and educate the public to the
6requirements of licensing in order to hold oneself out as a
7licensed social worker, licensed clinical social worker,
8[licensed] marriage and family therapist or licensed
9professional counselor within the Commonwealth.

10Section 6. Powers and functions of board.

11The board shall have the following powers:

12(1) To pass upon the qualifications and fitness of
13applicants for licenses and reciprocal licenses and to adopt
14and revise rules and regulations requiring applicants to pass
15examinations relating to their qualifications as a
16prerequisite to the issuance of a license.

17(2) To adopt and, from time to time, revise such rules
18and regulations as may be necessary to carry into effect the
19provisions of this act. Such regulations may include, but
20shall not be limited to, standards of professional practice
21and conduct for licensed social workers, licensed clinical
22social workers, [licensed] marriage and family therapists and
23licensed professional counselors in Pennsylvania.

24(3) To examine for, deny, approve, issue, revoke,
25suspend or renew licenses of social workers, clinical social
26workers, marriage and family therapists and professional
27counselors pursuant to this act and to conduct hearings in
28connection therewith.

29(4) To conduct hearings upon complaints concerning
30violations of the provisions of this act and the rules and

1regulations adopted pursuant to this act and seek the
2prosecution and enjoinder of all such violations.

3(5) To expend moneys necessary to the proper carrying
4out of its assigned duties.

5(6) To waive examination and grant a license in cases
6deemed exceptional by the board and in accordance with
7regulations promulgated by the board.

8(7) To submit annually a report to the Professional
9Licensure Committee of the House of Representatives and the
10Consumer Protection and Professional Licensure Committee of
11the Senate containing a description of the types of
12complaints received, status of the cases, board action which
13has been taken and length of time from the initial complaint
14to final board resolution.

15(8) To submit annually to the Appropriations Committees
16of the House of Representatives and the Senate, 15 days after
17the Governor has submitted his budget to the General
18Assembly, a copy of the budget request for the upcoming
19fiscal year which the board previously submitted to the
20Department of State.

21Section 4. Section 7(e) introductory paragraph of the act, 
22amended March 14, 2012 (P.L.191, No.17), is amended to read:

23Section 7. Qualifications for license.

24* * *

25(e) Marriage and family therapist license.--An applicant
26shall be qualified to hold oneself out as a [licensed] marriage
27and family therapist if the applicant submits proof satisfactory
28to the board that all of the following apply:

29* * *

30Section 5. Sections 8(b) and 16.2 of the act, amended or

1added December 21, 1998 (P.L.1017, No.136), are amended to read:

2Section 8. Procedures for licensing.

3* * *

4(b) Issuance of license.--The board shall issue to each
5person who meets the licensure requirements of this act a
6certificate setting forth that such person is licensed to hold
7himself or herself out as a licensed social worker, a
8provisional social worker, a licensed clinical social worker, a
9[licensed] marriage and family therapist or a licensed
10professional counselor.

11Section 16.2. Restriction on the use of [title "Licensed
12Marriage and Family Therapist."] certain titles."

13No person shall use a title or description, such as "marital 
14or marriage therapist, counselor, advisor or consultant," 
15"family therapist or counselor," "couples therapist or 
16counselor," "martial or marriage and family therapist, 
17counselor, advisor or consultant" or any other name, style or 
18description denoting that the person is a marriage and family 
19therapist unless licensed by this act. Only individuals who have
20received licenses as licensed marriage and family therapists
21under this act may style themselves as licensed marriage and
22family therapists and use the letters "L.M.F.T." in connection
23with their names. It shall be unlawful for an individual to
24style oneself as a licensed marriage and family therapist or use
25any words or symbols indicating or tending to indicate that the
26individual is a licensed marriage and family therapist without
27holding a license in good standing under this act. This 
28subsection shall not apply to the following:

29(1) A person employed by the Commonwealth in a marriage
30or family therapist position on the effective date of this

1paragraph, during the time of employment by the Commonwealth.

2(2) A person employed as a school marriage and family
3therapist in a public or private school in this Commonwealth
4on or before the effective date of this paragraph, during the
5time of employment as a school marriage and family therapist.

6Section 6. Section 17(b) of the act is amended to read:

7Section 17. Penalties.

8* * *

9(b) Civil penalty.--In addition to any other civil remedy or
10criminal penalty provided for in this act, the board, by a vote
11of the majority of the maximum number of the authorized
12membership of the board as provided by law, or by a vote of the
13majority of the duly qualified and confirmed membership or a
14minimum of three members, whichever is greater, may levy a civil
15penalty of up to $1,000 on any current licensee who violates any
16provision of this act or on any person who holds himself or
17herself out as a licensed social worker or marriage and family 
18therapist without being so licensed pursuant to this act. The
19board shall levy this penalty only after affording the accused
20party the opportunity for a hearing, as provided in Title 2 of
21the Pennsylvania Consolidated Statutes (relating to
22administrative law and procedure).

23* * *

24Section 7. The State Board of Social Workers, Marriage and
25Family Therapists and Professional Counselors shall promulgate
26regulations to carry out this act. Publication of the final-form
27regulations under this section shall take place within 18 months
28of the effective date of this section.

29Section 8. This act shall take effect in 120 days.