Amendment vs bill Senate Amendment A03426 vs Printer's No. PN1838

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PRINTER'S NO.
H1564B2436A03426 AJB:EJH 02/02/24 #90 A03426 AMENDMENTS TO HOUSE BILL NO.
1838 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
1564 Sponsor:
1564 2023 INTRODUCED BY CERRATO, HANBIDGE, SCHLOSSBERG, T.
SENATOR STEFANO Printer's No.
DAVIS, SIEGEL, JULY 11, 2023D, SANCHEZ, GUENST AND CEPEDA-FREYTIZ, REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JULY 11, 2023 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;
2436 Amend Bill, page 15, line 6, by striking out the period after "FEE" and inserting of $75.
providing penalties;
The application fee may be altered by the board by regulation.
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 reciprocity and for reinstatement of license;
Amend Bill, page 15, line 30, by inserting after "RENEWALS." The applicant shall submit a renewal application accompanied by the renewal application fee of $95.
providing and Family Therapist";
The renewal application fee may be altered by the board by regulation.
and further providing for penalties,ge for license renewal and records and fees and for unlawful practice.
Amend Bill, page 17, line 20, by striking out the period after "FEE" and inserting of $75.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
The application fee may be altered by the board by regulation.
Section 1.
Amend Bill, page 18, line 14, by inserting after "RENEWALS." The applicant shall submit a renewal application accompanied by the renewal application fee of $95.
Section 3 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, is amended by adding definitions to read:
The renewal application fee may be altered by the board by regulation.
Section 3.
2024/90AJB/HB1564A03426 - 1 -
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 associate marriage and family therapist." An individual licensed as an associate marriage and family therapist under this act who is obtaining experience under professional direct supervision for the purpose of becoming licensed as a marriage and family therapist.
* * * "Practice of associate marriage and family therapy." The professional application of psychotherapeutic and family systems theories and techniques to the evaluation, assessment, diagnosis and treatment of mental and emotional disorders, whether cognitive, affective or behavioral, while under direct clinical supervision of a licensed supervisor approved by the American Association of Marriage and Family Therapy.
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 and families.
* * * Section 2.
Sections 4, 5(l) and 6(2) and (3) of the act are amended to read:
Section 4.
License required.
It shall be unlawful for any person to hold himself or herself forth as a licensed bachelor social worker, licensed social worker, licensed clinical social worker, licensed associate marriage and family therapist, licensed marriage and family therapist or licensed professional counselor unless he or she shall first have obtained a license pursuant to this act.
Section 5.
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors.
20230HB1564PN1838 - 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 therapists 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 clinical social worker, licensed associate marriage and family therapist, licensed marriage and family therapist or licensed professional counselor within the Commonwealth.
Section 6.
Powers and functions of board.
The board shall have the following powers:
* * * (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 bachelor social workers, licensed social workers, licensed clinical social workers, licensed associate marriage and family therapists, licensed marriage and family therapists 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 therapists and professional counselors pursuant to this act and to conduct 20230HB1564PN1838 - 3 - hearings in connection therewith.
* * * Section 3.
Section 7 of the act is amended by adding subsections to read:
Section 7.
Qualifications for license.
* * * (e.1) Associate marriage and family therapist license.--An applicant shall be qualified for a license to hold oneself out as a licensed associate marriage and family therapist if the applicant submits:
(1) Proof that the applicant is at least 21 years of age.
(2) Proof that the applicant is of good moral character.
(3) Proof that the applicant has satisfied the educational requirements under subsection (e)(2).
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(4) A clinical marriage and family therapy plan of supervision, which shall include a detailed job description and the location or locations where client contact and supervision will occur.
(5) The supervisor's resume or curriculum vitae, which shall document that the supervisor has no less than five full-time years of professional marriage and family therapy practice experience or the equivalent and holds a current and active license to practice as a marriage and family therapist.
(6) An application accompanied by the application fee.
(7) Proof 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 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.
(e.2) Expiration of associate marriage and family therapist license.--An associate marriage and family therapist license shall expire six years after issuance and shall permanently expire 30 days after completion of the required clinical supervised hours under subsection (e)(2).
The board may renew an associate marriage and family therapist license for no more than two years under extenuating circumstances or for good cause shown.
(e.3) Limitations on associate marriage and family therapist license.--A licensed associate marriage and family therapist shall work under the supervision of a licensed marriage and family therapist who holds a clinical supervisor license to supervise and direct the activities of the licensed associate 20230HB1564PN1838 - 5 - marriage and family therapist.
Licensed associate marriage and family therapists may not practice in a private setting without the direct supervision of a licensed marriage and family therapist clinical supervisor.
Nothing in this section shall be construed to prohibit a licensed associate marriage and family therapist to take the National Association of Marriage and Family Therapy Regulatory Boards Exam during the time between graduation and completing the required clinical supervised hours under subsection (e)(2) in order to meet licensure requirements.
* * * Section 4.
Sections 8(b), 10(a) and 12 of the act are amended to read:
Section 8.
Procedures for licensing.
* * * (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 bachelor social worker, a licensed social worker, a licensed clinical social worker, a licensed associate marriage and family therapist, a licensed marriage and family therapist or a licensed professional counselor.
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 bachelor social worker, social worker, clinical social worker, associate marriage and family therapist, 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, 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 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 bachelor social worker, social worker, clinical social worker, associate marriage and family therapist, marriage and family therapist or professional counselor 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 bachelor social worker, social worker, clinical social worker, marriage and family therapist or professional counselor pursuant to this act at any time after such revocation.
Section 5.
The act is amended by adding a section to read:
Section 16.5.
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 himself 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 6.
Sections 17(b), 18(b) and 20(a) of the act are amended to read:
Section 17.
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.
License renewal;
records and fees.
* * * 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 therapists 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.
* * * Section 20.
Unlawful practice.
(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 or herself out as a licensed bachelor social worker, licensed social worker, licensed clinical social worker, licensed associate marriage and family therapist, marriage and family therapist and professional counselor without possessing a valid, unexpired, unrevoked and unsuspended license issued under this act.
* * * Section 7.
This act shall take effect in 60 days.
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