reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › CONTINUING EDUCATION › Section 49.33 - Acceptable continuing education courses and programs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Only courses or programs offered by Board
					 approved providers will be accepted for continuing education credit except as
					 provided in §
											49.37 (relating to other sources
					 of continuing education).
(b)
					 Continuing education courses and programs must be appropriate for the master's
					 level practitioner and pertain to the practice of professional counseling as
					 defined in section 3 of the act (63 P. S. §
												1903).
(c) The Board will not approve courses or
					 programs in office management or in practice building.
(d) A licensee may accrue up to 20 of the
					 required clock hours in home study courses offered by approved providers if the
					 home study course has specific learning objectives which the provider evaluates
					 to assure that learning has taken place. Home study courses must be indicated
					 as such on the certificates of attendance.
This section cited in 49 Pa. Code §
													49.31 (relating to
						  definitions).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › CONTINUING EDUCATION › Section 49.34 - Registration of continuing education providers who offer one course or program

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An agency,
					 organization, institution, association, center or individual seeking to offer
					 one organized course or program may apply to the Board as a provider by filing
					 an application, along with a fee of $45, at least 90 days before the date the
					 course or program commences.
(b)
					 The application must include the following information:
(1) The full name and address of the
					 applicant.
(2) The title of the
					 course or program and core subjects covered.
(3) The dates and location of the course or
					 program.
(4) The instructors'
					 names, titles, affiliations and degrees.
(5) The schedule of the course or
					 program-syllabus, lecturer, time allocated and the like.
(6) The total number of clock hours
					 requested.
(7) The method of
					 certifying attendance.
(8) The
					 objectives.
(9) The course or
					 program coordinator.
(10) The
					 instruction and evaluation methods.
(11) Evidence of meeting the standards in
					 §
												49.35 (relating to standards for
					 courses and programs).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › CONTINUING EDUCATION › Section 49.35 - Standards for courses and programs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A provider or licensee seeking Board
					 approval of a course or program shall present evidence that the course or
					 program is geared toward the master's level practitioner and has the following:
(1) Subject matter pertaining to the
					 enhancement of the professional counselor's knowledge and practice skills
					 related to helping people achieve adequate and productive personal,
					 interpersonal and social adjustments in their individual lives, in their
					 families and in their community.
(2) An established mechanism measuring the
					 quality of the course or program being offered.
(3) Established criteria for selecting and
					 evaluating faculty or source material.
(4) Established criteria for the evaluation
					 of each course or program upon completion.
(5) A minimum total duration of at least 2
					 clock hours; however, the hours need not be contiguous.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › CONTINUING EDUCATION › Section 49.37 - Other sources of continuing education

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Clock hours may be granted on a
					 case-by-case basis for the following:
(1)
					 Participation in clinical conferences, clinical rounds or training under a
					 preceptor provided through hospitals, medical centers, schools and
					 universities.
(2) First-time
					 experience as a teacher.
(3)
					 Publications of articles, books and research relating to the practice of
					 professional counseling.
(4)
					 Services as a preceptor, lecturer or speaker.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › CONTINUING EDUCATION › Section 49.38 - Reporting by licensee of hours spent in continuing education; continuing education audit and enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Applicants for license renewal shall provide a signed statement certifying that
					 the continuing education requirements have been met. The certification
					 statement will be included on the application form for renewal of
					 licensure.
(b) The Board will
					 randomly audit licensees to ensure compliance with the continuing education
					 requirements. A licensee selected for audit shall provide information to
					 document the licensee's completion of required continuing education. The
					 information must include the following:
(1)
					 The date attended.
(2) The clock
					 hours claimed.
(3) The title of
					 course or program and description of content.
(4) The school, hospital, medical center or
					 organization which sponsored the course or program.
(5) The instructor.
(6) The location of course or
					 program.
(7) The Board approval
					 number assigned to the course or program unless the provider is preapproved
					 under §
												49.36(a)
					 (relating to preapproved providers of continuing education courses and programs
					 for professional counselors).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › CONTINUING EDUCATION › Section 49.39 - Retention of records

Current through Register Vol. 54, No. 28, July 13, 2024
The licensee shall retain documentation of completion of
						the prescribed number of clock hours for 4 years following the certification
						which shall be produced upon request by the Board or its auditing agents. The
						Board will utilize a random audit of renewals to determine compliance with the
						continuing education requirement.
This section cited in 49 Pa. Code §
													49.31 (relating to
						  definitions).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › CONTINUING EDUCATION › Section 49.40 - Exemption and waiver

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 individual applying for licensure in this Commonwealth for the first time shall
					 be exempted from the continuing education requirement for the biennial renewal
					 period following initial licensure.
(b) The Board may grant an extension or waive
					 all or a portion of the continuing education requirement for biennial renewal
					 upon request of a licensee. The request must be made in writing, with
					 appropriate documentation, and shall include a description of circumstances
					 sufficient to show why compliance is impossible. A waiver or extension request
					 will be evaluated by the Board on a case-by-case basis. Waivers and extensions
					 may be granted for serious illness, military service or other demonstrated
					 hardship. The Board will send written notification of its approval or denial of
					 a waiver or extension request.
This section cited in 49 Pa. Code §
													49.31 (relating to
						  definitions).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › CONTINUING EDUCATION › Section 49.41 - Continuing education requirement for biennial renewal of inactive and lapsed licenses

Current through Register Vol. 54, No. 28, July 13, 2024
A licensee seeking to reinstate an inactive or lapsed
						license shall show proof of compliance with the continuing education
						requirement for the preceding biennium.
This section cited in 49 Pa. Code §
													49.31 (relating to
						  definitions).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › CONTINUING EDUCATION › Section 49.42 - Disciplinary action authorized

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 A licensed professional counselor who submits fraudulent clock hour reports
					 will be subject to disciplinary action under section 11(a)(5) of the act
					 (63
					 P. S. §
												1911(a)(5)).
(b) The falsification of a clock hour report
					 by a program provider will result in revocation of approval by the Board for
					 further program offerings of that provider.
This section cited in 49 Pa. Code §
													49.31 (relating to
						  definitions).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › CHILD ABUSE REPORTING REQUIREMENTS › Section 49.52 - Suspected child abuse-mandated reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
(1) Under
					 23 Pa.C.S. §
													6311
					 (relating to persons required to report suspected child abuse), licensed
					 professional counselors are considered mandated reporters. A mandated reporter
					 shall make a report of suspected child abuse in accordance with this section if
					 the mandated reporter has reasonable cause to suspect that a child is a victim
					 of child abuse under any of the following circumstances:
(i) The mandated reporter comes into contact
					 with the child in the course of employment, occupation and practice of the
					 profession or through a regularly scheduled program, activity or
					 service.
(ii) The mandated reporter
					 is directly responsible for the care, supervision, guidance or training of the
					 child, or is affiliated with an agency, institution, organization, school,
					 regularly established church or religious organization or other entity that is
					 directly responsible for the care, supervision, guidance or training of the
					 child.
(iii) A person makes a
					 specific disclosure to the mandated reporter that an identifiable child is the
					 victim of child abuse.
(iv) An
					 individual 14 years of age or older makes a specific disclosure to the mandated
					 reporter that the individual has committed child abuse.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › CHILD ABUSE REPORTING REQUIREMENTS › Section 49.53 - Photographs of child subject to report

Current through Register Vol. 54, No. 28, July 13, 2024
A licensed professional counselor may take or cause to be
						taken photographs of the child who is subject to a report. Summaries or reports
						of the photographs taken shall be sent to the county children and youth social
						service agency at the time the written report is sent, or within 48 hours after
						an electronic report is made under §
											49.52(c)(1)(ii)
						(relating to suspected child abuse-mandated reporting requirements), or as soon
						thereafter as possible. The county children and youth social service agency
						shall have access to actual photographs or duplicates and may obtain them or
						duplicates of them upon request. Summaries or reports of the photographs shall
						be made available to law enforcement officials in the course of investigating
						cases under
						23 Pa.C.S. §
												6490(a)(9) or
						(10) (relating to release of information in
						confidential reports).
The provisions of this §
													49.53 issued under section 6(2) of
						  the Social Workers, Marriage and Family Therapists and Professional Counselors
						  Act (63 P.S. §
														1906(2)); and the Child
						  Protective Services Act, 23 Pa.C.S. Chapter 63; amended under section 6(2) of
						  the Social Workers, Marriage Family Therapists and Professional Counselors Act
						  (63
						  P.S. §
														1906(2)); and
						  23 Pa.C.S. §§
														6301-6388.
This section cited in 49 Pa. Code §
													49.51 (relating to definitions
						  relating to child abuse reporting requirements); 49 Pa. Code §
													49.55 (relating to immunity from
						  liability); 49 Pa. Code §
													49.56 (relating to
						  confidentiality-waived); 49 Pa. Code §
													49.57 (relating to noncompliance);
						  and 49 Pa. Code §
													49.79 (relating to mandatory
						  reporting).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › CHILD ABUSE REPORTING REQUIREMENTS › Section 49.54 - Suspected death as a result of child abuse- mandated reporting requirement

Current through Register Vol. 54, No. 28, July 13, 2024
A licensed professional counselor who has reasonable
						cause to suspect that a child died as a result of child abuse shall report that
						suspicion to the coroner or medical examiner of the county where death occurred
						or, in the case where the child is transported to another county for medical
						treatment, to the coroner or medical examiner of the county where the injuries
						were sustained.
The provisions of this §
													49.54 issued under section 6(2) of
						  the Social Workers, Marriage and Family Therapists and Professional Counselors
						  Act (63 P.S. §
														1906(2)); and the Child
						  Protective Services Act, 23 Pa.C.S. Chapter 63; amended under section 6(2) of
						  the Social Workers, Marriage Family Therapists and Professional Counselors Act
						  (63
						  P.S. §
														1906(2)); and
						  23 Pa.C.S. §§
														6301-6388.
This section cited in 49 Pa. Code §
													49.51 (relating to definitions
						  relating to child abuse reporting requirements); 49 Pa. Code §
													49.55 (relating to immunity from
						  liability); 49 Pa. Code §
													49.56 (relating to
						  confidentiality-waived); 49 Pa. Code §
													49.57 (relating to noncompliance);
						  and 49 Pa. Code §
													49.79 (relating to mandatory
						  reporting).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › CHILD ABUSE REPORTING REQUIREMENTS › Section 49.55 - Immunity from liability

Current through Register Vol. 54, No. 28, July 13, 2024
Under
						23 Pa.C.S. §
												6318
						(relating to immunity from liability) a licensed professional counselor who
						participates in good faith in the making of a report of suspected child abuse,
						making a referral for general protective services, cooperating or consulting
						with an investigation including providing information to a child fatality or
						near fatality review team, testifying in a proceeding arising out of an
						instance of suspected child abuse or general protective services or engaging in
						any action authorized under
						23 Pa.C.S. §§
												6314-6317, shall have immunity from civil and
						criminal liability that might otherwise result by reason of the licensed
						professional counselor's actions. For the purpose of any civil or criminal
						proceeding, the good faith of the licensed professional counselor shall be
						presumed. The Board will uphold the same good faith presumption in any
						disciplinary proceeding that might result by reason of a licensed professional
						counselor's actions under §§
											49.52-49.54 (relating to suspected child
						abuse-mandated reporting requirements; photographs of child subject to report;
						and suspected death as a result of child abuse-mandated reporting
						requirement).
The provisions of this §
													49.55 issued under section 6(2) of
						  the Social Workers, Marriage and Family Therapists and Professional Counselors
						  Act (63 P.S. §
														1906(2)); and the Child
						  Protective Services Act, 23 Pa.C.S. Chapter 63; amended under section 6(2) of
						  the Social Workers, Marriage Family Therapists and Professional Counselors Act
						  (63
						  P.S. §
														1906(2)); and
						  23 Pa.C.S. §§
														6301-6388.
This section cited in 49 Pa. Code §
													49.51 (relating to definitions
						  relating to child abuse reporting requirements); and 49 Pa. Code §
													49.79 (relating to mandatory
						  reporting).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › CHILD ABUSE REPORTING REQUIREMENTS › Section 49.56 - Confidentiality-waived

Current through Register Vol. 54, No. 28, July 13, 2024
To protect children from abuse, the reporting
						requirements of §§
											49.52-49.54 (relating to suspected child
						abuse-mandated reporting requirements; photographs of child subject to report;
						and suspected death as a result of child abuse-mandated reporting requirement)
						take precedence over the provisions of any client confidentiality, ethical
						principle or professional standard that might otherwise apply. In accordance
						with
						23 Pa.C.S. §
												6311.1
						(relating to privileged communications), privileged communications between a
						mandated reporter and a patient/client does not apply to a situation involving
						child abuse and does not relieve the mandated reporter of the duty to make a
						report of suspected child abuse. Additionally, under
						23 Pa.C.S. §
												6313(e) (relating to
						reporting procedure), notwithstanding any other provision of law to the
						contrary, a mandated reporter who makes a report of suspected child abuse does
						not violate the Mental Health Procedures Act (50 P.S. §§
												7101-7503) by releasing information necessary
						to complete the report.
The provisions of this §
													49.56 issued under section 6(2) of
						  the Social Workers, Marriage and Family Therapists and Professional Counselors
						  Act (63 P.S. §
														1906(2)); and the Child
						  Protective Services Act, 23 Pa.C.S. Chapter 63; amended under section 6(2) of
						  the Social Workers, Marriage Family Therapists and Professional Counselors Act
						  (63
						  P.S. §
														1906(2)); and
						  23 Pa.C.S. §§
														6301-6388.
This section cited in 49 Pa. Code §
													49.51 (relating to definitions
						  relating to child abuse reporting requirements); and 49 Pa. Code §
													49.79 (relating to mandatroy
						  reporting).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › CHILD ABUSE REPORTING REQUIREMENTS › Section 49.57 - Noncompliance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Disciplinary action.
A licensed professional counselor who
					 willfully fails to comply with the reporting requirements in §§
											49.52-49.54 (relating to suspected child
					 abuse-mandated reporting requirements; photographs of child subject to report;
					 and suspected death as a result of child abuse-mandated reporting requirement)
					 will be subject to disciplinary action under section 11 of the act
					 (63
					 P.S. §
												1911).
(b)
Criminal penalties.
Under
					 23 Pa.C.S. §
												6319
					 (relating to penalties), a licensed professional counselor who is required to
					 report a case of suspected child abuse or to make a referral to the appropriate
					 authorities and who willfully fails to do so commits a criminal offense, as
					 follows:
(1) An offense not otherwise
					 specified in paragraphs (2), (3) or (4) is a misdemeanor of the second
					 degree.
(2) An offense is a felony
					 of the third degree if all of the following apply:
(i) The mandated reporter willfully fails to
					 report.
(ii) The child abuse
					 constitutes a felony of the first degree or higher.
(iii) The mandated reporter has direct
					 knowledge of the nature of the abuse.
(3) If the willful failure to report
					 continues while the mandated reporter knows or has reasonable cause to suspect
					 a child is being subjected to child abuse by the same individual, or while the
					 mandated reporter knows or has reasonable cause to suspect that the same
					 individual continues to have direct contact with children through the
					 individual's employment, program, activity or service, the mandated reporter
					 commits a felony of the third degree, except that if the child abuse
					 constitutes a felony of the first degree or higher, the mandated reporter
					 commits a felony of the second degree.
(4) A mandated reporter who, at the time of
					 sentencing for an offense under
					 23 Pa.C.S. §
													6319,
					 has been convicted of a prior offense under § 6319, commits a felony of
					 the third degree, except that if the child abuse constitutes a felony of the
					 first degree or higher, the penalty for the second or subsequent offense is a
					 felony of the second degree.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › CHILD ABUSE REPORTING REQUIREMENTS › Section 49.59 - Child abuse recognition and reporting course approval process

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An individual,
					 entity or organization may apply for approval to provide mandated reporter
					 training as required under
					 23 Pa.C.S. §
												6383(b) by submitting the
					 course materials set forth in subsection (b) simultaneously to the Department
					 of Human Services, Office of Children, Youth and Families, and to the Bureau at
					 the following addresses:
(1) Department of
					 Human Services, Office of Children, Youth and Families, Health and Welfare
					 Building, 625 Forster Street, Harrisburg, PA 17120 or electronically at
					 RA-PWOCYFCPSL@pa.gov.
(2) Bureau of
					 Professional and Occupational Affairs, 2601 North Third Street, P.O. Box 2649,
					 Harrisburg, PA 17105-2649 or electronically at
					 RA-stcpsl_course_app@pa.gov.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › CODE OF ETHICAL PRACTICE AND STANDARDS OF PROFESSIONAL CONDUCT › Section 49.71 - Code of ethical practice and professional conduct

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board subscribes to the code of
					 ethics and practice standards for licensees promulgated by the American
					 Counseling Association (ACA). Licensed professional counselors (licensees)
					 shall adhere to the ACA Code of Ethics, except when the ACA Code of Ethics
					 conflict with this chapter. The Board will use the ACA Code of Ethics in
					 resolving ambiguities that may arise in the interpretation of this chapter,
					 except that whenever any conflict exists between this chapter and the ACA Code
					 of Ethics, this chapter shall prevail.
(b) The Board acknowledges the codes of
					 ethics and practice standards of the National Board for Certified Counselors,
					 Inc., the Commission on Rehabilitation Counselor Certification, the
					 Certification Board for Music Therapists, the Art Therapists Certification
					 Board, the American Dance Therapy Association, the National Association for
					 Drama Therapy, The Academy of Certified Clinical Mental Health Counselors, The
					 North American Association of Master's in Psychology, the American School
					 Counseling Association and The International Certification and Reciprocity
					 Consortium/Alcohol and Other Drug Abuse, Inc., and the Board may elect to
					 consider or refer to these codes and standards as advisory aids in resolving
					 ambiguities which may arise in the interpretation of this chapter.
This section cited in 49 Pa. Code §
													49.76 (relating to research and
						  publication).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › CODE OF ETHICAL PRACTICE AND STANDARDS OF PROFESSIONAL CONDUCT › Section 49.72 - Responsibilities to clients/patients

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Competency.
(1) In all
					 communications with, or regarding, specific existing or prospective
					 clients/patients, licensees may not misrepresent directly, indirectly or by
					 implication their professional qualifications such as education, specialized
					 training, experience or areas of competence.
(2) Licensees may practice only within the
					 competency areas for which they are qualified by education, training and
					 experience. Licensees may utilize only those testing and assessment instruments
					 relevant to the needs of the client/patient and for which the licensees have
					 been trained.
(3) Licensees shall
					 maintain appropriate standards of care. The appropriate standard of care is
					 defined as what an ordinary, reasonable licensee would have done in a similar
					 circumstance. In areas in which recognized standards do not yet exist,
					 licensees shall take whatever precautions are necessary to protect the welfare
					 of their clients/patients.
(4)
					 Licensees shall maintain knowledge of current scientific and professional
					 information related to the services they render.
(5) Licensees shall refer a client/patient to
					 another professional and take steps to facilitate an orderly transfer of
					 responsibility when the client's/patient's needs exceed the licensee's
					 competence level. Licensees shall notify the client/patient promptly of the
					 need to refer and seek the referral and transfer of services in relation to the
					 clients'/patients' needs and preferences.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › CODE OF ETHICAL PRACTICE AND STANDARDS OF PROFESSIONAL CONDUCT › Section 49.73 - Dual or multiple relationships affecting the licensee's judgment

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Dual or
					 multiple relationships defined.
Dual or multiple relationships occur
					 when the licensee engages in multiple or ongoing interactions with
					 clients/patients, their romantic partners or immediate family members of
					 clients/patients in more than one context, whether professional, social or
					 business. Dual or multiple relationships can occur simultaneously or
					 consecutively.
(b)
Dual or
					 multiple relationships prohibited.
(1) A licensee shall avoid dual or multiple
					 relationships and conflicts of interest with any client/patient which could
					 impair the licensee's professional judgment or increases the risk of
					 client/patient exploitation.
(2) A
					 licensee may not undertake or continue a professional relationship with a
					 client/patient, supervisee or student when the objectivity or competency of the
					 licensee is, or could reasonably be expected to be, impaired or when the
					 relationship with the client/patient, supervisee or student is
					 exploitative.
(3) A licensee shall
					 carefully consider familial, social, emotional, financial, supervisory,
					 political, administrative and legal relationships with a client/patient or a
					 person related to or associated with the client/patient to assure that impaired
					 judgment or exploitation does not occur within the professional
					 relationship.
(4) Licensees shall
					 always carefully consider the potentially harmful effects of dual or multiple
					 relationships on their practice and on their clients/patients. A licensee shall
					 refrain from entering into, or promising another to enter into, professional,
					 social or business relationships with another person if it appears reasonably
					 likely that the relationship might impair the licensee's objectivity or
					 otherwise interfere with the licensee's effectiveness or might harm or exploit
					 the client/patient.
(5) When a dual
					 or multiple relationship cannot be avoided, a licensee shall take reasonable
					 professional precautions, such as informed consent, consultation, supervision
					 and documentation, to ensure that judgment is not impaired and that no
					 exploitation occurs.
(6) If a
					 licensee finds that, due to unforeseen factors, a potentially harmful dual or
					 multiple relationship has arisen with a client/patient, the licensee shall
					 attempt to resolve it with due regard for the best interests of the
					 client/patient and maximum compliance with the act and this chapter.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › CODE OF ETHICAL PRACTICE AND STANDARDS OF PROFESSIONAL CONDUCT › Section 49.74 - Sexual harassment

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Licensees may not sexually harass supervisees, students, trainees, employees,
					 research subjects or colleagues.
(b) Sexual harassment includes unwelcome
					 sexual advances, requests for sexual favors and other verbal or physical
					 conduct of a sexual nature when any one of the following occurs:
(1) Submission to the conduct is made either
					 explicitly or implicitly a term or condition of an individual's employment or
					 academic association with a licensee.
(2) Submission to or rejection of the conduct
					 by an individual is used as the basis for employment-related decisions
					 affecting the individual or academic decisions affecting the
					 individual.
(3) The conduct has the
					 purpose or effect of unreasonably interfering with an individual's work or
					 academic performance or creating an intimidating, hostile or offensive working
					 or academic environment.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › CODE OF ETHICAL PRACTICE AND STANDARDS OF PROFESSIONAL CONDUCT › Section 49.75 - Impaired practice

Current through Register Vol. 54, No. 28, July 13, 2024
A licensee may not undertake or continue a professional
						relationship with a client/patient, supervisee or student when the objectivity
						or competency of the licensee is, or could reasonably be expected to be,
						impaired due to mental, emotional, physiological, pharmacological or substance
						abuse conditions. If a condition develops after a professional relationship has
						been initiated, the licensee shall terminate the professional relationship in
						an appropriate manner and shall, either himself or through an appropriate
						designee, notify the client/patient of termination in writing and assist the
						client/patient in obtaining services from another
						professional.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › CODE OF ETHICAL PRACTICE AND STANDARDS OF PROFESSIONAL CONDUCT › Section 49.76 - Research and publication

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Protection of human subjects.
(1) A licensee shall plan, design, conduct
					 and report research in a manner consistent with this chapter, the codes of
					 ethics in §
												49.71 (relating to code of ethical
					 practice and professional conduct), applicable Federal and State laws, host
					 institutional rules and scientific standards governing research with human
					 subjects.
(2) A licensee shall
					 obtain informed consent from participants by using language that the licensee
					 believes would be understandable to the research participants and that:
(i) Accurately explains the purpose and
					 procedures to be followed.
(ii)
					 Identifies procedures that are experimental or relatively untried.
(iii) Describes the attendant discomforts and
					 risks that are most likely to occur and which are known to the
					 licensee.
(iv) Describes the
					 benefits or changes in individuals or organizations that might be reasonably
					 expected.
(v) Discloses appropriate
					 alternative procedures that may be advantageous for the subject.
(vi) Offers to answer any inquiries
					 concerning the procedures.
(vii)
					 Instructs that subjects are free to withdraw their consent and discontinue
					 participation in the research project at any time.
(3) When a participant is not capable of
					 giving informed consent, licensees shall provide an appropriate explanation,
					 obtain agreement for participation and obtain informed consent from a
					 participant's parent, guardian, court-appointed representative or the holder of
					 the participant's power of attorney.
(4) Information obtained about research
					 participants during the course of the research is confidential. The licensee
					 shall explain to the participant whether the possibility exists that others may
					 obtain access to the information, and also explain the plans for protecting the
					 participant's confidentiality as part of the procedure for obtaining informed
					 consent.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › CODE OF ETHICAL PRACTICE AND STANDARDS OF PROFESSIONAL CONDUCT › Section 49.77 - Payment for services

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When
					 setting fees, licensees shall ensure that the fees are fair, reasonable and
					 commensurate with the services performed.
(b) Licensees may not accept goods or
					 services as payment for professional services.
(c) Licensees shall make financial
					 arrangements with clients/patients, third-party payors and supervisees that are
					 reasonably understandable and conform to accepted professional
					 practices.
(d) Prior to entering
					 into the therapeutic or supervisory relationship, a licensee shall clearly
					 disclose and explain to clients/patients and supervisees the following:
(1) Financial arrangements and fees related
					 to professional services, including charges for canceled or missed
					 appointments.
(2) The use of
					 collection agencies or legal measures for nonpayment.
(3) The procedure for obtaining payment from
					 the client/patient, to the extent allowed by law, if payment is denied by the
					 third-party payor.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › CODE OF ETHICAL PRACTICE AND STANDARDS OF PROFESSIONAL CONDUCT › Section 49.78 - Recordkeeping

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For each
					 client/patient, a licensee shall keep records of the dates of professional
					 counseling services, types of professional counseling services, details of the
					 services provided, termination of the professional relationship, and billing
					 information.
(b) Records kept by
					 the licensee shall be retained for at least 5 years from the date of the last
					 entry. Records held or owned by government agencies or educational institutions
					 are not subject to this requirement.
(c) Licensees shall take reasonable steps to
					 ensure that documentation in records is accurate, legible and reflects the
					 services provided.
(d) Licensees
					 shall include sufficient and timely documentation in records to facilitate the
					 delivery of services and to ensure continuity of services provided to the
					 client/patient in the future.
(e)
					 Licensees' documentation shall protect clients'/patients' privacy to the extent
					 that it is consistent with applicable Federal and State laws and regulations
					 and should include information that is directly relevant to the delivery of
					 services.
(f) Licensees shall store
					 records following termination of services to ensure reasonable future access.
					 Records shall be retained and stored as required by applicable Federal and
					 State law and regulations.
(g)
					 Licensees shall provide a client/patient with reasonable access to records
					 concerning the client/patient. Licensees who are concerned that
					 clients'/patients' access to their records could cause serious harm to the
					 client/patient or another person shall provide assistance in interpreting the
					 records and consultation with the client/patient regarding the records.
					 Licensees may limit clients'/patients' access to their records, or portions of
					 their records, only in exceptional circumstances when there is compelling
					 evidence that the access would cause serious harm to the client/patient or
					 another person. Both the clients'/patients' requests and the rationale for
					 withholding some or all of the records shall be documented in the
					 clients'/patients' files. When providing clients/patients with access to their
					 records, licensees shall take steps to protect the confidentiality of other
					 individuals identified or discussed in the records.
(h) In the event of the licensee moving from
					 the area or closing the licensee's practice, a licensee shall arrange for the
					 storage, transfer or disposal of client/patient records in ways that maintain
					 confidentiality and safeguard the welfare of clients/patients.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › CODE OF ETHICAL PRACTICE AND STANDARDS OF PROFESSIONAL CONDUCT › Section 49.79 - Mandatory reporting

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Licensees, supervisors and trainees have a responsibility to report alleged
					 violations of the act or this chapter to the Board. If a licensee has knowledge
					 or reason to suspect that a colleague or other licensee is incompetent,
					 impaired or unethical, the licensee shall report that practitioner to the
					 Board. Licensees shall make these reports in a manner that does not violate a
					 client's/patient's right to confidentiality.
(b) Licensees shall comply with the mandatory
					 reporting requirements in this chapter, including §§
											49.51-49.57 (relating to child abuse
					 reporting requirements).
(c) A
					 licensee shall notify the Board within 30 days of changes of name or mailing
					 information to ensure that the Board has the licensee's current name and
					 mailing address.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › CODE OF ETHICAL PRACTICE AND STANDARDS OF PROFESSIONAL CONDUCT › Section 49.80 - Advertising

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Definition.
Advertising is defined as the engagement in
					 general informational activities, including those that enable the public,
					 referral sources or others to choose professional services on an informed
					 basis.
(b)
Engagement in
					 advertising.
(1) Licensees may
					 engage in advertising that accurately represents their competencies, education,
					 training and experience relevant to their professional practice. Licensees may
					 not advertise their services and credentials in a manner that is false,
					 misleading, deceptive or fraudulent.
(2) Licensees shall ensure that
					 advertisements and publications in any media, such as directories,
					 announcements, business cards, newspapers, radio, television, internet and
					 facsimiles, convey information that is necessary for the public to make an
					 appropriate selection of professional services. This information may include
					 the following:
(i) Office information, such as
					 name, address, telephone number and credit card acceptability.
(ii) Earned degrees and state or provincial
					 licensures or certifications.
(iii)
					 Professional association member status.
(iv) Description of practice.
(3) Licensees may not use names
					 that could mislead the public concerning the identity, responsibility, source
					 or status of those practicing under that name, and may not hold themselves out
					 as being partners or associates of a firm if they are not partners or
					 associates of the firm.
(4)
					 Licensees may not use any professional identification, such as a business card,
					 office sign, letterhead, internet, or telephone or association directory
					 listing, if it includes a statement or claim that is false, fraudulent,
					 misleading or deceptive.
(5) In
					 representing their educational qualifications, licensees shall list and claim
					 only those earned degrees from institutions accredited by regional
					 accreditation sources recognized by the United States Department of Education,
					 from institutions recognized by states or provinces that license or certify the
					 licensee, or from equivalent foreign institutions.
(6) The licensee shall correct, whenever
					 possible, false, misleading or inaccurate information and representations made
					 by others concerning the licensee's qualifications, services or
					 products.
(7) Licensees shall make
					 certain that the qualifications of their employees or supervisees are
					 represented in a manner that is not false, misleading or deceptive.
(8) Licensees may not represent themselves as
					 providing specialized services unless they have the required education,
					 training or supervised experience.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart C - Secretary of the Commonwealth › Chapter 61 - USE OF PUBLIC AREAS OUTSIDE THE CAPITOL COMPLEX-STATEMENT OF POLICY › Section 61.1 - Additional jurisdiction over properties

Current through Register Vol. 54, No. 28, July 13, 2024
The public areas of One Penn Center, 2601 North Third
					 Street, Harrisburg, under the jurisdiction of the Department of State and
					 subject to this chapter, include the interior offices of the Department of
					 State, Bureau of Professional and Occupational Affairs, Bureau of Enforcement
					 and Investigation, State Athletic Commission and leased offices and facilities
					 related thereto.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart C - Secretary of the Commonwealth › Chapter 61 - USE OF PUBLIC AREAS OUTSIDE THE CAPITOL COMPLEX-STATEMENT OF POLICY › Section 61.2 - Office hours

Current through Register Vol. 54, No. 28, July 13, 2024
Offices are open to the public for licensing and related
					 business from the hours of 8 a.m. to 5 p.m., excluding Saturdays, Sundays and
					 State holidays. Hours in which the offices will be open to the public will be
					 posted. The facilities may be closed during any of these periods upon a
					 determination that an emergency or threat endangering the public health, safety
					 and welfare exists.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart C - Secretary of the Commonwealth › Chapter 61 - USE OF PUBLIC AREAS OUTSIDE THE CAPITOL COMPLEX-STATEMENT OF POLICY › Section 61.3 - Firearms and weapons

Current through Register Vol. 54, No. 28, July 13, 2024
The possession of firearms or other prohibited offensive
					 weapons as defined in
					 18 Pa.C.S. §
											908(c) (relating to
					 prohibited offense weapons), while on the leased premises of the Department
					 with the exception of State or Federal officers, in connection with the
					 performance of an official duty, is prohibited. This prohibition does not apply
					 to attorneys listed as counsel of record in connection with the offering of an
					 exhibit in any administrative proceeding, if the counsel of record who intends
					 to offer the item as an exhibit, has obtained written authorization from a
					 hearing examiner to do so.