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 qualifications for license,
5for reciprocity, for restriction on use of title "Licensed
6Clinical Social Worker"; providing for telepractice of
7clinical social work; further providing for penalties, for
8unlawful practice; and repealing provisions relating to
9appropriation.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

12Section 1. Section 3 of the act of July 9, 1987 (P.L.220,
13No.39), known as the Social Workers, Marriage and Family
14Therapists and Professional Counselors Act, amended or added
15December 21, 1998 (P.L.1017, No.136), February 13, 2002 (P.L.83,
16No.4) and July 9, 2008 (P.L.929, No.68), is amended to read:

17Section 3. Definitions.

18The following words and phrases when used in this act shall
19have the meanings given to them in this section unless the
20context clearly indicates otherwise:

21"Application of social work methods and theory." Includes

1psychosocial assessment, crisis intervention, case management,
2client-centered advocacy, psychotherapy and family therapy with
3individuals, couples, families and groups in an effort to
4prevent or ameliorate family and personal dysfunction at home,
5at work and in the community.

6"Board." The State Board of Social Workers, Marriage and
7Family Therapists and Professional Counselors under the Bureau
8of Professional and Occupational Affairs within the Department
9of State.

10"Client." Any person with whom a licensee has established a
11formal provider-client relationship and to whom a licensee is
12providing, or has provided, professional services.

13"Client services record." A written record of all social
14work services provided to a client. The term does not include
15the substantive content of any communications made to the
16licensee during the course of, or in connection with, the
17performance of services or any other materials which would
18reflect the thoughts, feelings or impressions of the client
19obtained or revealed during the provision of those services.

20"Commissioner." The Commissioner of Professional and
21Occupational Affairs.

22"Independent practice of clinical social work." The
23application of clinical social work knowledge and skills by a
24licensed clinical social worker who regulates and is responsible
25for his or her own practice and treatment procedures.

26"Licensed clinical social worker." [A social worker] An 
27individual who engages in or advertises to engage in the 
28practice of clinical social work and who holds a current
29clinical license under this act.

30"Licensed marriage and family therapist." An individual who

1engages in or offers to engage in the practice of marriage and
2family therapy and who holds a current license under this act.

3"Licensed professional counselor." An individual who engages
4in the practice of professional counseling and who holds a
5current license under this act.

6"Licensed social worker." [A social worker] An individual 
7who engages in or advertises to engage in the practice of social 
8work and who holds a current license under this act.

9"Practice of clinical social work." [Holding oneself out to
10the public by any title or description of services incorporating
11the term "licensed clinical social worker" or using any words or
12symbols indicating or tending to indicate that one is a licensed
13clinical social worker and under such description offering to
14render or rendering a service in which a special knowledge of
15social resources, human personality and capabilities and
16therapeutic techniques is directed at helping people to achieve
17adequate and productive personal, interpersonal and social
18adjustments in their individual lives, in their families and in
19their community. The term includes person and environment
20perspectives, systems theory and cognitive/behavioral theory, to
21the assessment and treatment of psychosocial disability and
22impairment, including mental and emotional disorders,
23developmental disabilities and substance abuse. The term
24includes the application of social work methods and theory. The
25term includes the practice of social work plus additional
26concentrated training and study as defined by the board by
27regulation.] The independent application of specialized 
28psychotherapeutic theories, methods and knowledge and advanced 
29clinical skills and ethics in the differential diagnosis and 
30treatment of psychosocial function, disability or impairment,
 

1including addictions and emotional, mental and behavioral 
2disorders. The treatment of individuals, couples, families, 
3groups and communities is based on knowledge of the person-in-
4situation perspective of psychosocial development, normal and 
5abnormal behavior, psychopathology, unconscious motivation, 
6interpersonal processes, interpersonal relationships, 
7environmental stress and trauma, differential diagnosis, 
8planning and data gathering. The purpose of these services is 
9the prevention and treatment of mental or emotional dysfunction 
10and enhancement of mental health and secure relationships for 
11individuals, couples, families, groups and communities. The term 
12includes, but is not limited to, psychotherapy. The term also 
13includes counseling, behavior modification, consultation, 
14approved supervision, client-centered advocacy, crisis 
15intervention and the provision of needed information and 
16education to clients when using methods of a psychotherapeutic 
17nature to evaluate, diagnose, treat and prevent emotional and 
18mental disorders and dysfunctions, whether cognitive, affective, 
19behavioral or relationship, behavioral disorders, alcoholism or 
20substance abuse. The term may also include teaching and clinical 
21research into more effective psychotherapeutic modalities for 
22the treatment and prevention of such conditions, as well as the 
23use of telepractice for the delivery of professional services.

24"Practice of marriage and family therapy." The professional
25application of psychotherapeutic and family systems theories and
26techniques to the evaluation, assessment and treatment of mental
27and emotional disorders, whether cognitive, affective or
28behavioral. The term includes the evaluation and assessment of
29mental and emotional disorders in the context of significant
30interpersonal relationships and the delivery of

1psychotherapeutic services to individuals, couples, families and
2groups for the purpose of treating such disorders.

3"Practice of professional counseling." Includes, to the
4extent compatible with a practitioner's education and
5professional competence, all of the following:

6(1) The application of principles and practices of
7counseling, mental health and human development to evaluate
8and facilitate human growth and adjustment throughout the
9life span and to prevent and treat mental, emotional or
10behavioral disorders and associated stresses which interfere
11with mental health and normal human growth and development.

12(2) The evaluation and assessment of normal and abnormal
13mental, emotional, social, educational, vocational, family
14and behavioral functioning throughout the life span;
15individual, group, family counseling and psychotherapy;
16crisis intervention, career counseling and educational and
17vocational counseling; functional assessment of persons with
18disabilities; and professional consulting.

19(3) Professional counselors' utilization of verbal and
20nonverbal approaches and specialization in the use of arts-
21based therapeutic approaches, such as art, dance, music or
22drama, to accomplish treatment objectives.

23"Practice of social work." Offering to render or rendering a
24service in which a special knowledge of social resources, human
25personality and capabilities and therapeutic techniques is
26directed at helping people to achieve adequate and productive
27personal, interpersonal and social adjustments in their
28individual lives, in their families and in their community or
29holding oneself out to the public by any title or description of
30services incorporating the term "social worker" or using any

1words or symbols indicating or tending to indicate that one is a
2social worker, except as otherwise provided by this act.

3"Provisional licensed social worker." A social worker who
4holds a current provisional license under this act.

5"Social worker." A person who holds a current license under
6this act or has received a bachelor's, master's or doctoral
7degree from an accredited school or program of social work or
8social welfare.

9"Telepractice." The use of interactive audio, video or other
10electronic media to deliver health care. The term includes the
11use of electronic media for engaging in the practice of clinical
12social work, including but not limited to, diagnosis,
13consultation, treatment, transfer of health or medical data,
14continuing education and supervision.

15Section 2. Section 7(d) of the act, amended March 14, 2012

16(P.L.191, No.17), is amended to read:

17Section 7. Qualifications for license.

18* * *

19(d) Clinical social work license.--An applicant shall be
20qualified for a license to hold oneself out as a licensed
21clinical social worker if the applicant submits proof
22satisfactory to the board that all of the following apply:

23(1) The applicant is of good moral character.

24(2) The applicant has successfully met both of the
25following requirements:

26(i) Holds a master's degree in social work or social
27welfare or a doctoral degree in social work from an
28accredited school of social work as recognized by the
29board.

30(ii) Is licensed under this act as a social worker.

1(3) The applicant has completed at least 3,000 hours of 
2supervised clinical experience over three years and at least 
3150 hours of face-to-face supervision with an approved 
4supervisor or holds an Academy of Certified Social Workers 
5certificate issued prior to January 1, 2001, by the National 
6Association of Social Workers [or otherwise meets the 
7supervision expectation in a fashion acceptable to the board 
8as determined by regulation after completion of the master's 
9degree in social work].

10(4) The applicant has passed a clinical social work
11examination adopted by the board.

12(5) The applicant has submitted an application
13accompanied by the application fee.

14(6) The applicant has not been convicted of a felony
15under The Controlled Substance, Drug, Device and Cosmetic Act
16or of an offense under the laws of another jurisdiction
17which, if committed in this Commonwealth, would be a felony
18under The Controlled Substance, Drug, Device and Cosmetic Act
19unless:

20(i) at least ten years have elapsed from the date of
21conviction;

22(ii) the applicant satisfactorily demonstrated to
23the board that the applicant has made significant
24progress in personal rehabilitation since the conviction
25such that licensure of the applicant should not be
26expected to create a substantial risk of harm to the
27health and safety of clients or the public or a
28substantial risk of further criminal violations; and

29(iii) the applicant otherwise satisfies the
30qualifications contained in or authorized by this act.

1As used in this paragraph, the term "convicted" includes a
2judgment, an admission of guilt or a plea of nolo contendere.

3Section 3. Sections 10 and 16.1 of the act, amended or added
4December 21, 1998 (P.L.1017, No.136), are amended to read:

5Section 10. Reciprocity.

6(a) General rule.--The board shall have the power to grant a
7reciprocal license to an applicant who is licensed or certified
8as a social worker, clinical social worker, marriage and family
9therapist or professional counselor in another state and has
10demonstrated qualifications which equal or exceed those required
11pursuant to this act in the determination of the board, provided
12that no license shall be granted under this section to an
13applicant unless the state in which the applicant is licensed
14affords reciprocal treatment to persons who are residents of
15this Commonwealth and who are licensed pursuant to this act.

16(b)  Emergencies.--The board shall have the power to allow an
17individual who is licensed or certified as a clinical social
18worker in another state to practice in this Commonwealth without
19licensure for not more than 60 days as part of a relief effort
20related to a state of emergency as declared by the Federal
21Government or Governor.

22Section 16.1. Restriction on the use of title "Licensed
23Clinical Social Worker."

24Only individuals who have received licenses as licensed
25clinical social workers under this act may style themselves as
26licensed clinical social workers and use the letters "L.C.S.W."
27in connection with their names. It shall be unlawful for an
28individual to style oneself as a licensed clinical social
29worker, advertise or engage in the independent practice of 
30clinical social work or use any words or symbols indicating or

1tending to indicate that the individual is a licensed clinical
2social worker without holding a license in good standing under
3this act.

4Section 4. The act is amended by adding a section to read:

5Section 16.4. Telepractice of clinical social work.

6(a) Telepractice.--A licensed clinical social worker using
7telepractice shall ensure all of the following:

8(1) The informed consent of the patient, or another
9appropriate person with authority to make the health care
10treatment decision for the patient, is obtained before
11services are provided via telepractice.

12(2) The confidentiality of the patient's medical
13information is maintained as required under this act and any
14other applicable law. At a minimum, confidentiality shall be
15maintained through appropriate processes, practices and
16technology as designated by the board and in conformance with
17applicable Federal law.

18(b) Regulations.--The board shall promulgate regulations
19necessary to implement this section for all of the following
20purposes:

21(1) Preventing abuse and fraud through the use of
22telepractice.

23(2) Preventing fee-splitting through the use of 
24telepractice.

25(3) Utilizing telepractice in the provision of clinical
26social work services and continuing education.

27Section 5. Section 17(b) of the act is amended to read:

28Section 17. Penalties.

29* * *

30(b) Civil penalty.--In addition to any other civil remedy or

1criminal penalty provided for in this act, the board, by a vote
2of the majority of the maximum number of the authorized
3membership of the board as provided by law, or by a vote of the
4majority of the duly qualified and confirmed membership or a
5minimum of three members, whichever is greater, may levy a civil
6penalty of up to $1,000 on any current licensee who violates any
7provision of this act, on any person who engages in the 
8independent practice of clinical social work without being so 
9licensed pursuant to this act or on any person who holds himself
10or herself out as a licensed social worker without being so
11licensed pursuant to this act. The board shall levy this penalty
12only after affording the accused party the opportunity for a
13hearing, as provided in Title 2 of the Pennsylvania Consolidated
14Statutes (relating to administrative law and procedure).

15* * *

16Section 6. Section 20(a) of the act, amended December 21,
171998 (P.L.1017, No.136), is amended to read:

18Section 20. Unlawful practice.

19(a) Unlawful practice prohibited.--It shall be unlawful for
20any person to engage in the independent practice of clinical 
21social work or hold himself or herself out as a licensed social
22worker, licensed clinical social worker, marriage and family
23therapist and professional counselor without possessing a valid,
24unexpired, unrevoked and unsuspended license issued under this
25act.

26* * *

27Section 7. Section 21 of the act is repealed:

28[Section 21. Appropriation.

29The sum of $85,000, or as much thereof as may be necessary,
30is hereby appropriated from the Professional Licensure

1Augmentation Account within the General Fund to the Bureau of
2Professional and Occupational Affairs in the Department of State
3for the payment of costs of processing licenses and renewals,
4for the operation of the board and for other general costs of
5the bureau operations relating to this act. The appropriation
6granted shall be repaid by the board within three years of the
7beginning of issuance of licenses by the board.]

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