THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY READSHAW, BELFANTI, MAHER, REICHLEY, CALTAGIRONE, KORTZ, MAHONEY, McILVAINE SMITH, MURPHY, MURT, PAYTON, SCAVELLO, SIPTROTH, SOLOBAY, SONNEY, STABACK AND K. SMITH, MAY 27, 2010

REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MAY 27, 2010  

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 qualifications for license, for reciprocity and

for restriction on the use of title "Licensed Marriage and

Family Therapist"; providing for unlicensed practice

prohibited; and further providing for penalties and for

unlawful practice.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 7(e)(3), 10 and 16.2 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

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

read:

Section 7.  Qualifications for license.

* * *

(e)  Marriage and family therapist license.--An applicant

shall be qualified to hold oneself out as a licensed marriage

and family therapist if the applicant submits proof satisfactory

to the board that all of the following apply:

* * *

(3)  The applicant has complied with the experience

requirement as follows:

(i)  An individual meeting the educational

requirements of paragraph (2)(i) or (ii) must have

completed at least three years or [3,600] 3,000 hours of

supervised clinical experience, acceptable to the board

as determined by regulation, obtained after the

completion of 48 semester hours or 72 quarter hours of

graduate coursework.

(ii)  An individual meeting the educational

requirements of paragraph (2)(iii) must have completed at

least two years or 2,400 hours of supervised clinical

experience, acceptable to the board as determined by

regulation, one year or 1,200 hours of which was obtained

subsequent to the granting of the doctoral degree.

* * *

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 social worker, clinical social worker, marriage and family

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

individuals who are licensed or certified as a social worker,

clinical social worker, marriage and family therapist or

professional counselor in another state to practice in this

Commonwealth without licensure for not 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 16.2.  Restriction on the use of title "Licensed

Marriage and Family Therapist."

No person shall use a title or description such as "marital

or marriage therapist, counselor, advisor or consultant,"

"family therapist or counselor," "couples therapist or

counselor," "marital or marriage and family therapist,

counselor, advisor or consultant" or any other name, style or

description denoting that the person is a marriage and family

therapist, unless further authorized under this act. Only

individuals who have received licenses as licensed marriage and

family therapists under this act may style themselves as

licensed marriage and family therapists and use the letters

"L.M.F.T." in connection with their names. It shall be unlawful

for an individual to style or advertise oneself as a licensed

marriage and family therapist, offer to engage in the practice

of marriage and family therapy or counseling or use any words or

symbols indicating or tending to indicate that the individual is

a licensed marriage and family therapist without holding a

license in good standing under this act.

Section 2.  The act is amended by adding a section to read:

Section 16.4.  Unlicensed practice prohibited.

No person shall commence the practice of marriage and family

therapy as defined herein in this Commonwealth unless he or she

holds a valid license as provided in this act. The provisions of

this section shall not apply to the following persons:

(1)  A person who is practicing marriage and family

therapy as part of his or her duties as an employee of:

(i)  a recognized academic institution, school entity

or a Federal, State, county or local governmental

institution or agency while performing those duties for

which he or she was employed by such an institution,

entity, agency or facility; or

(ii)  an organization which is nonprofit and which is

determined by the State Board to meet community needs

while performing those duties for which he or she was

employed by such an agency.

(2)  A person who holds a valid license or is certified

or regulated pursuant to another professional licensure law

or State certification of this Commonwealth and who provides

services within the person's scope of practice or employment

function.

(3)  A rabbi, priest, minister or member of the clergy of

any religious denomination or sect if the activities and

services that person performs are within the scope of the

performance of the regular or specialized ministerial duties

of an established and legally recognizable church,

denomination or sect and the person performing the services

remains accountable to the established authority of the

church, denomination or sect.

(4)  A student, intern or trainee who is pursuing a

course of study in marriage and family therapy at an

accredited institution of higher education or training

institution if the person's activities are performed under

qualified supervision and are part of the person's supervised

course of study.

(5)  An individual who has earned an educational degree

required for licensure under this act working under the

supervision of a licensed mental health professional in order

to acquire the hours necessary for licensure under this act.

(6)  A volunteer providing services in a Federal or

State-declared emergency.

Section 3.  Section 17 of the act is amended to read:

Section 17.  Penalties.

(a)  Criminal penalties.--A person who violates this act

commits a misdemeanor of the third degree and shall, upon

conviction, be sentenced to pay a fine of up to $1,000 or to

imprisonment for not more than 90 days, or both.

(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 $1,000 on any current licensee who violates any

provision of this act or [on any]:

(1)  Any person who holds himself or herself out as a

licensed social worker or licensed marriage and family

therapist without being so licensed pursuant to this act.

(2)  Any person who engages in the practice of or holds

himself or herself out as a 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).

(c)  Disposition.--All fines and civil penalties imposed in

accordance with this section shall be paid into the Professional

Licensure Augmentation Account.

Section 4.  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 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.

(a.2)  Practice of marriage and family therapy prohibited.--

It shall be unlawful for any person to engage in the practice of

licensed marriage and family therapy without possessing a valid,

unexpired, unrevoked and unsuspended license issued under this

act.

(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 5.  The State Board of Social Workers, Marriage and

Family Therapists and Professional Counselors shall promulgate

regulations to carry out this act. Publication of the final-form

regulations under this section shall take place within 18 months

of the effective date of this section.

Section 6.  This act shall take effect in 120 days.