Struck = removed from the bill ยท
added = the amendment's new text.
PRINTER'SH1564B1838A03171 NES:EJH 12/08/23 #90 A03171 AMENDMENTS TO HOUSE BILL NO.
18381564 THESponsor: GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
1564REPRESENTATIVE 2023VENKAT INTRODUCEDPrinter's BYNo. CERRATO, HANBIDGE, SCHLOSSBERG, T.
DAVIS,1838 SIEGEL,Amend JULYBill, 11,page 2023D,1, SANCHEZ,lines GUENST1 ANDthrough CEPEDA-FREYTIZ,12, REFERREDby TOstriking COMMITTEEout ONall PROFESSIONALof LICENSURE,said JULYlines 11,and 2023inserting 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;
and making an appropriation," further providing 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 reciprocityreciprocity, for endorsement of out-of-State licenses and for reinstatement of license;
providing for restrictions on use of title "Licensed Associate Marriage and Family Therapist";Therapist" and for restrictions on the use of title "Licensed Associate Professional Counselor";
and further providing for penalties,ge for license renewal and records and fees and for unlawful practice.practice;
Theand Generalproviding Assemblyfor ofeffect the Commonwealth of Pennsylvaniaassociate herebylicensure. enacts as follows:
SectionAmend 1.Bill, page 1, lines 15 through 22;
pages 2 through 8, lines 1 through 30;
page 9, lines 1 through 21;
by striking out all of said lines on said pages and inserting Section 1.
* * * "Licensed associate marriage and family therapist." An individual licensed as an associate marriage and family therapist under this act who is obtaining experiencesupervised underclinical professionalexperience direct supervision for the purpose of becoming licensed as a licensed marriage and family therapist.
*"Licensed * * "Practice of associate marriage and family therapy." The professional applicationcounselor." ofAn psychotherapeuticindividual andlicensed familyas systemsan theoriesassociate andprofessional techniquescounselor tounder thethis evaluation,act assessment,2023/90NES/HB1564A03171 diagnosis- and1 treatment- ofwho mentalis andobtaining emotionalsupervised disorders, whether cognitive, affective or behavioral, while under direct clinical supervisionexperience offor a licensed supervisor approved by the Americanpurpose Association of Marriagebecoming anda Familylicensed Therapy.professional counselor.
* * * "Practice of associate marriage and family therapy." The termprofessional includesapplication of psychotherapeutic and family system theories and techniques to the evaluationevaluation, assessment, diagnosis and assessmenttreatment of mental and emotional disordersdisorders, inwhether thecognitive, contextaffective ofor significantbehavioral, interpersonalwhile relationshipsunder and the deliverysupervision of psychotherapeutica serviceslicensed supervisor acceptable to individuals,the couplesboard andin families.accordance with the board's regulations.
The term includes the evaluation and assessment of mental and emotional disorders in the context of significant interpersonal relationships and the delivery of psychotherapeutic services to individuals, couples, families and groups for the purpose of treating the disorders.
"Practice of associate professional counseling." Includes, to the extent compatible with a practitioner's education and professional competence while under the supervision of a licensed supervisor acceptable to the board in accordance with the board's regulations, all of the following:
(1) The application of principles and practices of counseling, mental health and human development to evaluate and facilitate human growth and adjustment throughout the life span and to prevent and treat mental, emotional or behavioral disorders and associated stresses which interfere with mental health and normal human growth and development.
(2) The evaluation, assessment, diagnosis and treatment of normal and abnormal mental, emotional, social, educational, vocational, family and behavioral functioning throughout the life span;
individual, group, family counseling and psychotherapy;
crisis intervention, career counseling and educational and vocational counseling;
functional assessment of persons with disabilities;
and professional consulting.
(3) Professional counselors' utilization of verbal and nonverbal approaches and specialization in the use of arts- based therapeutic approaches, such as art, dance, music or drama, to accomplish treatment objectives.
It shall be unlawful for any person to hold himself[himself or herselfherself] oneself forth as a licensed bachelor social worker, licensed social worker, licensed clinical social worker, licensed associate marriage and family therapist, licensed marriage and family therapisttherapist, licensed associate professional counselor or licensed professional counselor unless he or she shall first have obtained a license pursuant to this act.
20230HB1564PN1838* * * 2023/90NES/HB1564A03171 - 2 - * * * (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, associate marriage and family therapists, marriage and family therapiststherapists, associate professional counselors and professional counselors.
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 bachelor social worker, licensed social worker, licensed associate marriage and family therapist, licensed clinical social worker, licensed associate marriage and family therapist, licensed marriageassociate andprofessional familycounselor therapist or licensed professional counselor within the Commonwealth.
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 associate marriage and family therapists, licensed marriage and family therapiststherapists, licensed associate professional counselors 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, associate marriage and family therapists, marriage and family therapiststherapists, associate professional counselors and professional counselors pursuant to this act and to conduct 20230HB1564PN1838 - 3 - hearings in connection therewith.
Section 77(a)(1), (d)(1), (e)(1), (f)(1) and (g) (1) of the act are amended and the section is amended by adding subsections to read:
*(a) *Social *work (e.1) Associate marriage and family therapist license.--An applicant shall be qualified for a license to hold oneself out as a licensed associatesocial marriageworker, andprovided familyhe therapistor ifshe submits proof satisfactory to the applicantboard submits:that:
(1) ProofHe thator theshe applicant is atof leastgood 21moral yearscharacter. of age.
(2)In Proofassessing that the applicantmoral ischaracter of goodan moralapplicant character.with a criminal conviction, the board shall conduct an individualized assessment in accordance with 63 Pa.C.S.
(3)ยง Proof3113 that(relating theto applicantconsideration hasof satisfiedcriminal theconvictions). educational requirements under subsection (e)(2).
(4)* A* clinical* marriage(d) andClinical familysocial therapywork planlicense.--An ofapplicant supervision,shall whichbe shallqualified includefor a detailedlicense jobto descriptionhold andoneself out as a licensed clinical social worker if the locationapplicant orsubmits locationsproof wheresatisfactory clientto contactthe andboard supervisionthat willall occur.of the following apply:
(5)(1) The supervisor'sapplicant resumeis or curriculum vitae, which shall document that the supervisor has no less than five full-time years of professionalgood marriagemoral andcharacter. family therapy practice experience or the equivalent and holds a current and active license to practice as a marriage and family therapist.
(6)In An2023/90NES/HB1564A03171 application- accompanied3 by- assessing the applicationmoral fee.character of an applicant with a criminal conviction, the board shall conduct an individualized assessment in accordance with 63 Pa.C.S.
(7)ยง Proof3113. that 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 20230HB1564PN1838 - 4 - be a felony under The Controlled Substance, Drug, Device and Cosmetic Act, unless:
(i)* at* least* 10(e) yearsMarriage haveand elapsedfamily fromtherapist license.--An applicant shall be qualified to hold oneself out as a licensed marriage and family therapist if the dateapplicant submits proof satisfactory to the board that all of conviction;the following apply:
(ii)(1) theThe applicant satisfactorilyis demonstrates to the board that the applicant has made significant progress in personal rehabilitation since the conviction, such that licensure of thegood applicantmoral shouldcharacter. 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;
andIn (iii)assessing the moral character of an applicant otherwisewith satisfiesa criminal conviction, the qualificationsboard containedshall inconduct oran authorizedindividualized byassessment thisin act.accordance with 63 Pa.C.S.
ยง 3113.
* * * (e.1) Associate marriage and family therapist license.-- (1) An applicant shall be qualified for a license to hold oneself out as a licensed associate marriage and family therapist if the applicant submits proof satisfactory to the board that all of the following apply:
(i) The applicant is at least 21 years of age.
(ii) The applicant is of good moral character.
In assessing the moral character of an applicant with a criminal conviction, the board shall conduct an individualized assessment in accordance with 63 Pa.C.S.
ยง 3113.
(iii) The applicant has satisfied the educational requirements under subsection (e)(2)(i), (ii) or (iii).
(iv) The applicant has submitted a supervision plan, including a detailed job description and each location where client contact and supervision will occur.
(v) The applicant has submitted the resume or curriculum vitae for each licensee who provides supervision acceptable to the board.
A supervisor shall hold a current and active license to practice marriage and family therapy or to practice in a related field as approved by the board and shall have no less than five full-time years of experience or the equivalent in the prior ten years as specified by the board's regulations.
(vi) The applicant has submitted an application accompanied by the application fee.
(vii) 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:
(A) at least ten years have elapsed from the date of conviction;
(B) 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 2023/90NES/HB1564A03171 - 4 - 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 (C) the applicant otherwise satisfies the qualifications contained in or authorized by this act.
(e.2)(2) ExpirationRenewal of associatean marriage and family therapist license.--An associate marriage and family therapist license shall expirebe sixon yearsa afterbiennial issuancebasis, and shallthe permanentlylicense expireshall 30be dayseligible afterfor completionno ofmore thethan requiredthree clinicalrenewals. supervised hours under subsection (e)(2).
The(e.2) boardLimitations mayon renewassociate anmarriage and family therapist license.--A licensed associate marriage and family therapist licenseshall forwork nounder morethe thansupervision twoof yearsa underlicensed extenuatingmarriage circumstancesand family therapist or fora goodrelated causelicensed shown.professional as approved by the board who directs the activities of the licensed associate marriage and family therapist.
(e.3)A Limitations on associate marriage and family therapist license.--A licensed associate marriage and family therapist shall worknot underpractice thein supervision of a licensedprivate marriagesetting andwithout family therapist who holds a clinical supervisor license to supervise and direct the activitiesdirection of thea licensedsupervisor. associate 20230HB1564PN1838 - 5 - marriage and family therapist.
LicensedNothing in this section shall be construed to prohibit a licensed associate marriage and family therapiststherapist mayfrom nottaking practicethe inrequired aexamination privateunder settingsubsection without(e)(4) during the directtime supervisionbetween ofgraduation aand licensedcompleting the required clinical supervised hours under subsection (e)(3) to meet the licensure requirements for a marriage and family therapisttherapist. clinical supervisor.
Nothing(f) inProfessional thiscounselors sectionlicense.--An shallapplicant beis construedqualified tofor prohibit a licensedlicense associate marriage and family therapist to takehold theoneself Nationalout Associationas ofa Marriagelicensed andprofessional Familycounselor Therapyif Regulatory Boards Exam during the timeapplicant betweensubmits graduationproof andsatisfactory completingto the requiredboard clinicalthat supervisedall hoursof underthe subsectionfollowing (e)(2)apply: in order to meet licensure requirements.
(1) The applicant is of good moral character.
In assessing the moral character of an applicant with a criminal conviction, the board shall conduct an individualized assessment in accordance with 63 Pa.C.S.
ยง 3113.
* * * (f.1) Associate professional counselor license.-- (1) An applicant is qualified for a license to hold oneself out as a licensed associate professional counselor if the applicant submits proof satisfactory to the board that all of the following apply:
(i) The applicant is at least 21 years of age.
(ii) The applicant is of good moral character.
In assessing the moral character of an applicant with a criminal conviction, the board shall conduct an individualized assessment in accordance with 63 Pa.C.S.
ยง 3113.
(iii) The applicant has satisfied the educational requirements under subsection (f)(2)(i), (ii) or (iii).
(iv) The applicant has submitted a plan of supervision, including a detailed job description and each location where client contact and supervision will 2023/90NES/HB1564A03171 - 5 - occur.
(v) The applicant has submitted the resume or curriculum vitae for each licensee who provides supervision acceptable to the board.
A supervisor shall hold a current and active license to practice professional counseling or to practice in a related field as approved by the board and shall have no less than five full-time years of experience or the equivalent in the prior ten years as specified by the board's regulations.
(vi) The application has been accompanied by the application fee.
(vii) 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:
(A) at least ten years have elapsed from the date of conviction;
(B) 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 clients or the public or a substantial risk of further criminal violations;
and (C) the applicant otherwise satisfies the qualifications contained in or authorized by this act.
As used in this paragraph, the term "convicted" includes a judgment, an admission of guilt or a plea of nolo contendere.
(2) Renewal of an associate professional counselor license shall be on a biennial basis, and the license shall be eligible for no more than three renewals.
(f.2) Limitations on associate professional counselor license.--A licensed associate professional counselor shall work under the supervision of a licensed professional counselor or a related licensed professional approved by the board who directs the activities of the licensed associate professional counselor.
A licensed associate professional counselor shall not practice in a private setting without the direction of a supervisor.
Nothing in this subsection shall be construed to prohibit a licensed associate professional counselor from taking the required exam under subsection (f)(4) during the time between graduation and completing the required supervised hours under subsection (f)(3) to meet the licensure requirements for a licensed professional counselor.
(g) Bachelor social work license.--An applicant shall be qualified for a license to hold oneself out as a licensed bachelor social worker if the applicant submits proof 2023/90NES/HB1564A03171 - 6 - satisfactory to the board that:
(1) The applicant is of good moral character.
In assessing the moral character of an applicant with a criminal conviction, the board shall conduct an individualized assessment in accordance with 63 Pa.C.S.
ยง 3113.
Sections 8(b), 10(a)10(a), 10.1(a)(1), (b)(1) and (c) (1) and 12 of the act are amended to read:
* * * (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[himself or herselfherself] oneself out as a licensed bachelor social worker, a licensed social worker, a licensed clinical social worker, a licensed associate marriage and family therapist, a licensed marriage and family therapisttherapist, a licensed associate professional counselor or a licensed professional counselor.
(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, associate marriage and family therapist, marriage and family therapisttherapist, associate professional counselor 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, 20230HB1564PN1838 - 6 - 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 10.1.
Endorsement of out-of-State licenses.
(a) Clinical social work license.--The board may issue a clinical social work license without examination to an applicant holding a clinical social work license in another state who submits proof satisfactory to the board of all of the following:
(1) The applicant is of good moral character.
In assessing the moral character of an applicant with a criminal conviction, the board shall conduct an individualized assessment in accordance with 63 Pa.C.S.
ยง 3113 (relating to consideration of criminal convictions).
* * * (b) Marriage and family therapist license.--The board may issue a marriage and family therapist license without examination to an applicant holding a marriage and family 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.
In assessing the moral character of an applicant with a criminal conviction, the board shall conduct an individualized 2023/90NES/HB1564A03171 - 7 - assessment in accordance with 63 Pa.C.S.
ยง 3113.
* * * (c) Professional counselor license.--The board may issue a professional counselor license without examination to an applicant holding a professional counselor license in another state who submits proof satisfactory to the board of all of the following:
(1) The applicant is of good moral character.
In assessing the moral character of an applicant with a criminal conviction, the board shall conduct an individualized assessment in accordance with 63 Pa.C.S.
ยง 3113.
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, associate marriage and family therapist, marriage and family therapisttherapist, associate professional counselor or professional counselor pursuant to this act, which has been revoked.
The act is amended by adding asections section to read:
Restrictions on use of title "Licensed Associate Marriage and Family Therapist." Only individuals who have received licenses as licensed associate marriage and family therapists under this act may style themselves as licensed associate marriage and family therapists and use the letters "L.A.M.F.T." in connection with their names, and it shall be unlawful for an individual to style himselfoneself or herself as a licensed associate marriage and family therapist or use any words or symbols indicating or tending to indicate that the individual is a licensed associate marriage 20230HB1564PN1838 - 7 - and family therapist without holding a license in good standing under this act.
Section 16.6.
Restrictions on the use of title "Licensed Associate Professional Counselor." Only individuals who have received licenses as licensed associate professional counselors under this act may style themselves as licensed associate professional counselors and use the letters "L.A.P.C." in connection with their names, and it shall be unlawful for an individual to style oneself as a licensed associate professional counselor or use any words or symbols indicating or tending to indicate that the individual is a licensed associate professional counselor without holding a license in good standing under this act.
Sections 17(b), 18(b) and 20(a) of the act are amended 2023/90NES/HB1564A03171 - 8 - to read:
Section 17.18.
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 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 associate marriage and family therapist licensed marriage and family therapist, 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.
* * * 20230HB1564PN1838 - 8 - (b) Records.--A record of all persons licensed to practice as bachelor social workers, social workers, clinical social workers, associate marriage and family therapists, marriage and family therapiststherapists, associate professional counselors 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.
(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 or the independent practice of professional counseling or hold himself[himself or herselfherself] oneself out as a licensed bachelor social worker, licensed social worker, licensed clinical social worker, licensed associate marriage and family therapist,therapist marriage and family therapisttherapist, licensed associate professional counselor and professional counselor without possessing a valid, unexpired, unrevoked and unsuspended license issued under this act.
* * * Section 7.
ThisThe act shallis takeamended effectby inadding 60a days.section to read:
20230HB1564PN1838Section -20.3. 9 -
Effect of associate licensure.
Associate licensure under this act shall not be construed as requiring new or additional third-party reimbursement or to otherwise mandate coverage under 75 Pa.C.S.
Ch.
17 (relating to financial responsibility) or the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act, or for new or additional policies written under or for any of the following:
(1) The act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921.
(2) The act of December 29, 1972 (P.L.1701, No.364), known as the Health Maintenance Organization Act.
(3) The act of May 18, 1976 (P.L.123, No.54), known as the Individual Accident and Sickness Insurance Minimum Standards Act.
(4) A nonprofit corporation subject to 40 Pa.C.S.
Ch.
61 (relating to hospital plan corporations) or 63 (relating to professional health services plan corporations).
Section 8.
The State Board of Social Workers, Marriage and Family Therapists and Professional Counselors shall promulgate regulations as necessary to implement this act no later than 90 days from the effective date of this section.
Section 9.
This act shall take effect immediately.
2023/90NES/HB1564A03171 - 9 -