PRINTER'S NO. 1953

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1415

Session of

2015

INTRODUCED BY MICCARELLI, FRANKEL, YOUNGBLOOD, MURT, KILLION,

RADER, GROVE, COHEN, WATSON, STURLA, MILNE AND DEASY,

JUNE 26, 2015

on the use of title "licensed clinical social worker," for

penalties and for unlawful practice; and repealing provisions

related to appropriation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. 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, amended December 21,

1998 (P.L.1017, No.136), February 13, 2002 (P.L.83, No.4), July

9, 2008 (P.L.929, No.68) and October 22, 2014 (P.L.2884,

psychosocial assessment, crisis intervention, case management,

client-centered advocacy, psychotherapy and family therapy with

individuals, couples, families and groups in an effort to

prevent or ameliorate family and personal dysfunction at home,

at work and in the community.

"Board." The State Board of Social Workers, Marriage and

Family Therapists and Professional Counselors under the Bureau

of Professional and Occupational Affairs within the Department

of State.

"Client." A person with whom a licensee has established a

licensed clinical social worker who regulates and is responsible

for his or her own practice and treatment procedures.

"Licensed bachelor social worker." A social worker who holds

a current bachelor's level license under this act.

"Licensed clinical social worker." [A social worker] An

individual who engages in or advertises to engage in the

practice of clinical social work and who holds a current

clinical license under this act.

"Licensed marriage and family therapist." An individual who

engages in or offers to engage in the practice of marriage and

"Licensed social worker." [A social worker] An individual

who engages in or advertises to engage in the practice of social

work and who holds a current license under this act.

"Practice of bachelor social work." The professional

application of social work theory, knowledge, methods,

principles, values and ethics to restore or enhance social or

psychosocial functioning of individuals, couples, families,

groups, organizations and communities. This practice is basic

generalist nonclinical practice that includes interviewing,

planning, intervention, case management, mediation, supportive

the term "licensed clinical social worker" or using any words or

symbols indicating or tending to indicate that one is a licensed

clinical social worker and under such description offering to

render or rendering a service in which a special knowledge of

social resources, human personality and capabilities and

therapeutic techniques is directed at helping people to achieve

adequate and productive personal, interpersonal and social

adjustments in their individual lives, in their families and in

their community. The term includes person and environment

perspectives, systems theory and cognitive/behavioral theory, to

The term includes the practice of social work plus additional

concentrated training and study as defined by the board by

regulation.

"Practice of marriage and family therapy." The professional

application of psychotherapeutic and family systems theories and

techniques to the evaluation, assessment and treatment of mental

and emotional disorders, whether cognitive, affective or

behavioral. The term includes the evaluation and assessment of

mental and emotional disorders in the context of significant

interpersonal relationships and the delivery 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.

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

based therapeutic approaches, such as art, dance, music or

drama, to accomplish treatment objectives.

"Practice of social work." Offering to render or rendering a

service in which a special knowledge of social resources, human

personality and capabilities and therapeutic techniques is

directed at helping people to achieve adequate and productive

personal, interpersonal and social adjustments in their

individual lives, in their families and in their community or

holding oneself out to the public by any title or description of

services incorporating the term "social worker" or using any

(P.L.2884, No.179), is amended to read:

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, 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

(b) Emergencies.--The board shall have the power to allow an

individual who is licensed or certified as a clinical social

worker in another state to practice in this Commonwealth without

licensure for no 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.

Only individuals who have received licenses as licensed

clinical social workers under this act may style themselves as

licensed clinical social workers and use the letters "L.C.S.W."

in connection with their names. It shall be unlawful for an

individual to style oneself as a licensed clinical social

worker, advertise or engage in the independent practice of

clinical social work or use any words or symbols indicating or

tending to indicate that the individual is a licensed clinical

social worker without holding a license in good standing under

this act.

Section 4. Sections 17(b) and 20(a) of the act, amended

October 22, 2014 (P.L.2884, No.179), are amended to read:

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, on any person who engages in the

independent practice of clinical social work 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

marriage and family therapist or licensed professional counselor

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

social work or hold himself or herself out as a licensed

bachelor social worker, 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.

* * *

Section 5. Section 21 of the act is repealed:

[Section 21. Appropriation.

The sum of $85,000, or as much thereof as may be necessary,

is hereby appropriated from the Professional Licensure

Augmentation Account within the General Fund to the Bureau of

Professional and Occupational Affairs in the Department of State

for the payment of costs of processing licenses and renewals,

for the operation of the board and for other general costs of

the bureau operations relating to this act. The appropriation

granted shall be repaid by the board within three years of the

beginning of issuance of licenses by the board.]