Bill Text: PA HB353 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for legislative intent, for definitions, for licensure, for the licensing agency and its functions, for licensure qualifications and procedure, for exemptions, for reciprocity and for license reinstatement; providing for restrictions on use of title "Licensed Human Services Professional"; and further proscribing unlawful practice.

Spectrum: Moderate Partisan Bill (Democrat 18-2)

Status: (Introduced - Dead) 2009-02-10 - Referred to PROFESSIONAL LICENSURE [HB353 Detail]

Download: Pennsylvania-2009-HB353-Introduced.html

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PRINTER'S NO. 384
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 353 Session of2009
INTRODUCED BY MUNDY, STURLA, BRENNAN, COHEN, CURRY, EACHUS, FRANKEL, GERGELY, GOODMAN, JOSEPHS, McILVAINE SMITH, MURT, READSHAW, SEIP, SIPTROTH, K. SMITH, SWANGER AND THOMAS, FEBRUARY 10, 2009
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, FEBRUARY 10, 2009
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 legislative intent, for definitions, for
licensure, for the licensing agency and its functions, for
licensure qualifications and procedure, for exemptions, for
reciprocity and for license reinstatement; providing for
restrictions on use of title "Licensed Human Services
Professional"; and further proscribing unlawful practice.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 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 December 21,
1998 (P.L.1017, No.136), is amended to read:
Section 2. Legislative intent.
The practice of social work, marriage and family therapy
[and], professional counseling and human services within this
Commonwealth is hereby declared to affect the public safety and
welfare and to be subject to regulation and control in the
public interest to protect the public from unprofessional,
improper, unauthorized and unqualified practice of licensed
social work, licensed marriage and family therapy [and],
licensed professional counseling and licensed human services
work. This act regulates only those who hold themselves out as
licensed social workers, licensed clinical social workers,
licensed marriage and family therapists [or as], licensed
professional counselors or as licensed human services
professionals. [Acquisition of a license under this act shall
not be made a condition of the employment of a person by the
Commonwealth or any of its political subdivisions or by
nonprofit agencies.]
Section 2. Section 3 of the act is amended by adding
definitions to read:
Section 3. 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 human services professional." A human services
professional who holds a current license under this act.
* * *
"Practice of licensed human services." Holding oneself out
to the public by any title or description of services
incorporating the term "licensed human services professional,"
or using any words or symbols indicating or tending to indicate
that the individual is a licensed human services professional
and, under such description, offering to render or rendering a
service under the supervision of an agency in which the
application of interdisciplinary theory, knowledge and methods
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is designed to improve, restore or enhance the social or
psychosocial functioning of individuals, couples, families or
groups through the provision of services, excluding those of a
clinical nature, such as clinical assessment, treatment plan
development, counseling or psychotherapy. Appropriate licensed
human services include investigation of abuse, crisis response,
resource referral, visitation supervision, care and custody
within a program or facility, assessment of client needs for
nonclinical community programs or services, implementation of
plans for the delivery of community services based on client
needs, advocacy on behalf of persons or groups with unmet
service needs and provision of training about community needs
and problems.
* * *
"Provisionally licensed human services professional." A
human services professional who holds a current provisional
license under this act.
* * *
Section 3. Section 4 of the act, amended December 21, 1998
(P.L.1017, No.136), is amended to read:
Section 4. License required.
It shall be unlawful for any person to hold himself or
herself forth as a licensed social worker, licensed clinical
social worker, licensed marriage and family therapist [or],
licensed professional counselor, licensed human services
professional or provisionally licensed human services
professional unless he or she shall first have obtained a
license pursuant to this act.
Section 4. Section 5(a) and (l) of the act, amended December
21, 1998 (P.L.1017, No.136), are amended and the section is
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amended by adding a subsection to read:
Section 5. State Board of Social Workers, Marriage and Family
Therapists and Professional Counselors.
(a) Creation.--There is hereby created the State Board of
Social Workers, Marriage and Family Therapists and Professional
Counselors, a departmental administrative board in the
Department of State. The board shall consist of [13] 15 members
who are citizens of the United States and who have been
residents of this Commonwealth for a two-year period, two of
whom shall be public members; five of whom shall be licensed
social workers, at least one of whom shall be a licensed
clinical social worker and at least one of whom shall be a
licensed social worker; two of whom shall be licensed marriage
and family therapists; two of whom shall be licensed
professional counselors; one of whom shall be either a licensed
marriage and family therapist or a licensed professional
counselor as hereafter provided; one of whom shall be a licensed
human services professional; one of whom shall be a
representative of the Office of Attorney General; and one of
whom shall be the Commissioner of Professional and Occupational
Affairs.
* * *
(c.1) Appointment of licensed human services professional.--
Within 90 days of the effective date of this subsection, the
Governor shall nominate one professional member to serve as a
human services professional on the board to serve a three-year
term. The human services professional initially appointed to the
board pursuant to this section need not have successfully
completed the licensure examination adopted by the board but, at
the time of appointment, must have satisfied the educational and
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experience requirements of this act for licensure as a human
services professional.
* * *
(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, marriage and family therapists [and],
professional counselors, human services professionals and
provisionally licensed human services professionals. 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 social worker, licensed clinical
social worker, licensed marriage and family therapist or
licensed professional counselor within the Commonwealth.
Section 5. Section 6 of the act, amended December 21, 1998
(P.L.1017, No.136), is amended to read:
Section 6. Powers and functions of board.
The board shall have the following powers:
(1) To pass upon the qualifications and fitness of
applicants for licenses and reciprocal licenses and to adopt
and revise rules and regulations requiring applicants to pass
examinations relating to their qualifications as a
prerequisite to the issuance of a license.
(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 social workers, licensed clinical
social workers, licensed marriage and family therapists
[and], licensed professional counselors, licensed human
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services professionals and provisionally licensed human
services professionals in Pennsylvania.
(3) To examine for, deny, approve, issue, revoke,
suspend or renew licenses of social workers, clinical social
workers, marriage and family therapists [and], professional
counselors, human services professionals and provisionally
licensed human services professionals pursuant to this act
and to conduct hearings in connection therewith.
(4) To conduct hearings upon complaints concerning
violations of the provisions of this act and the rules and
regulations adopted pursuant to this act and seek the
prosecution and enjoinder of all such violations.
(5) To expend moneys necessary to the proper carrying
out of its assigned duties.
(6) To waive examination and grant a license in cases
deemed exceptional by the board and in accordance with
regulations promulgated by the board.
(7) To submit annually a report to the Professional
Licensure Committee of the House of Representatives and the
Consumer Protection and Professional Licensure Committee of
the Senate containing a description of the types of
complaints received, status of the cases, board action which
has been taken and length of time from the initial complaint
to final board resolution.
(8) To submit annually to the Appropriations Committees
of the House of Representatives and the Senate, 15 days after
the Governor has submitted his budget to the General
Assembly, a copy of the budget request for the upcoming
fiscal year which the board previously submitted to the
Department of State.
20090HB0353PN0384 - 6 -
Section 6. Section 7 of the act is amended by adding
subsections to read:
Section 7. Qualifications for license.
* * *
(g) Human services professional license.--An applicant shall
be qualified for a license to hold oneself out as a licensed
human services professional, provided the applicant submits
proof satisfactory to the board that:
(1) The applicant:
(i) Is of good moral character.
(ii) Has received a bachelor’s degree or master’s
degree from an accredited social work program or an
accredited college or university with a major in
behavioral science, child or human development,
counseling, family studies, human services, marriage and
family therapy, psychology, social welfare or sociology.
(iii) Has successfully completed 14 courses of three
or four credits each focused on building the skills and
knowledge to support the provision of human services, as
approved by the board. These courses may be part of the
degree program or post-degree courses offered by an
accredited social work program or accredited college or
university.
(iv) Has successfully completed:
(A) 450 hours of supervised human service field
experience as part of a degree program; or
(B) 2,000 hours of work in a human service field
under the supervision of a licensed professional,
such as a psychiatrist, psychologist, social worker,
clinical social worker, marriage and family
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therapist, professional counselor or human services
professional.
(v) Has passed a nationally administered examination
specific to the delivery of front-line human services and
approved by the board.
(vi) Agrees to adhere to the National Association of
Social Workers’ Professional Code of Ethics pertaining to
the delivery of direct practice social services.
(2) The applicant has submitted an application
accompanied by the application fee.
(3) 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:
(i) at least ten 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
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contendere.
(h) Human services professional provisional license.--An
applicant shall be qualified for a provisional license to hold
oneself out as a provisionally licensed human services
professional, provided the applicant submits proof satisfactory
to the board that:
(1) The applicant is of good moral character.
(2) The applicant has received a bachelor's degree or
master's degree from an accredited college or university with
a major in human services, behavioral science, sociology,
psychology, child development or human development.
(3) The applicant has submitted an application
accompanied by the application fee.
(4) 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:
(i) at least ten 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
20090HB0353PN0384 - 9 -
qualifications contained in or authorized by this act.
Section 7. Section 8 of the act, amended December 21, 1998
(P.L.1017, No.136), is amended to read:
Section 8. Procedures for licensing.
(a) Affidavit required.--Each application form for an
applicant submitted to the board for examination or licensure
shall have attached as part of the form an affidavit or
affirmation for the applicant to complete as to the veracity of
the information on the application.
(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 social worker, a
provisional social worker, a licensed clinical social worker, a
licensed marriage and family therapist [or], a licensed
professional counselor, a licensed human services professional
or a provisionally licensed human services professional.
Section 8. Section 9 of the act is amended by adding a
subsection to read:
Section 9. Exemption from licensure examination.
* * *
(d) Human services professional.--The requirements of
section 7(g)(1)(v) shall not apply and a license shall be issued
without examination to an applicant who meets one of the
following requirements:
(1) Is a licensed clinical social worker, a licensed
social worker, a licensed professional counselor or a
licensed marriage and family therapist.
(2) Is licensed in another state as a social worker, a
licensed professional counselor, a licensed marriage and
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family therapist or a human services professional.
Section 9. Sections 10 and 12 of the act, amended December
21, 1998 (P.L.1017, No.136), are amended to read:
Section 10. Reciprocity.
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 or human services professional 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.
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 social worker, clinical social worker, marriage
and family therapist [or], professional counselor or human
services professional 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 social worker, clinical social worker, marriage and family
therapist [or], professional counselor or human services
professional pursuant to this act at any time after such
revocation.
Section 10. The act is amended by adding a section to read:
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Section 16.4. Restrictions on use of title "Licensed Human
Services Professional."
Only individuals who have received licenses as licensed human
services professionals under this act may style themselves as
licensed human services professionals and use the letters
"L.H.S.P." in connection with their names, and it shall be
unlawful for an individual to style himself or herself as a
licensed human services professional or use any words or symbols
indicating or tending to indicate that the individual is a
licensed human services professional without holding a license
in good standing under this act.
Section 11. 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 and human services
professional 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:
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(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.
(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 12. This act shall take effect in 180 days.
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