reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 47 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILYTHERAPISTS AND PROFESSIONAL COUNSELORS › CONTINUING EDUCATION › Section 47.33 - 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 §
											47.36a (relating to other sources
					 of continuing education).
(b) For
					 renewal of a social worker's license or a clinical social worker's license,
					 continuing education courses and programs must be appropriate for the master's
					 level practitioner and pertain to the practice of social work or clinical
					 social work as defined in section 3 of the act (63 P.S. §
												1903).
(c) For renewal of a bachelor social worker's
					 license, continuing education courses and programs must pertain to the practice
					 of bachelor social work as defined in section 3 of the act or contribute to the
					 professional development of the licensed bachelor social worker. Nothing in
					 this subsection should be construed as expanding the scope of practice of a
					 licensed bachelor social worker.
(d) The Board will not approve courses or
					 programs in office management or in practice building.
(e) 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.
The provisions of this §
													47.33 amended under sections 6 and
						  18(c) of the Social Workers, Marriage and Family Therapists and Professional
						  Counselors Act (63 P.S. §§
														1906 and
						  1918(c)); and section 9 of
						  the act of October 22, 2014 (P.L. 2884, No.
						  179).
This section cited in 49 Pa. Code §
													47.31 (relating to
						  definitions).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 47 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILYTHERAPISTS AND PROFESSIONAL COUNSELORS › CONTINUING EDUCATION › Section 47.34 - 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.
(b) An applicant for Board approval as a
					 provider of a course or program shall submit an application, along with a fee
					 of $65, at least 90 days before the date the course or program
					 commences.
(c) 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
					 §
												47.35 (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 47 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILYTHERAPISTS AND PROFESSIONAL COUNSELORS › CONTINUING EDUCATION › Section 47.35 - 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 has all of the following:
(1) Subject
					 matter pertaining to the enhancement of the licensed bachelor social worker's,
					 licensed social worker's or licensed clinical social worker'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) For courses targeted to licensed social
					 workers and licensed clinical social workers, evidence that the course or
					 program is geared toward the master's level practitioner.
(3) An established mechanism measuring the
					 quality of the course or program being offered.
(4) Established criteria for selecting and
					 evaluating faculty or source material.
(5) Established criteria for the evaluation
					 of each course or program upon completion.
(6) A minimum total duration of at least 1
					 clock hour. The Board will not approve partial credit for a course or
					 program.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 47 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILYTHERAPISTS AND PROFESSIONAL COUNSELORS › CONTINUING EDUCATION › Section 47.36a - 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
					 bachelor social work, social work or clinical social work.
(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 47 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILYTHERAPISTS AND PROFESSIONAL COUNSELORS › CONTINUING EDUCATION › Section 47.37 - 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 §
												47.36(a)
					 (relating to preapproved providers of continuing education courses and programs
					 for social workers and clinical social workers).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 47 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILYTHERAPISTS AND PROFESSIONAL COUNSELORS › CONTINUING EDUCATION › Section 47.38 - 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 demand 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 §
													47.31 (relating to
						  definitions).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 47 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILYTHERAPISTS AND PROFESSIONAL COUNSELORS › CONTINUING EDUCATION › Section 47.39 - 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 waive or grant an extension
					 of 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. The request for waiver or
					 extension will be evaluated by the Board on a case-by-case basis. Requests for
					 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 §
													47.31 (relating to
						  definitions).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 47 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILYTHERAPISTS AND PROFESSIONAL COUNSELORS › CONTINUING EDUCATION › Section 47.40 - 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 §
													47.31 (relating to
						  definitions).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 47 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILYTHERAPISTS AND PROFESSIONAL COUNSELORS › CONTINUING EDUCATION › Section 47.41 - Disciplinary action authorized

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 A licensed bachelor social worker, licensed social worker or licensed clinical
					 social worker 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.
The provisions of this §
													47.41 amended under sections 6 and
						  18(c) of the Social Workers, Marriage and Family Therapists and Professional
						  Counselors Act (63 P.S. §§
														1906 and
						  1918(c)); and section 9 of
						  the act of October 22, 2014 (P.L. 2884, No.
						  179).
This section cited in 49 Pa. Code §
													47.31 (relating to
						  definitions).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 47 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILYTHERAPISTS AND PROFESSIONAL COUNSELORS › CHILD ABUSE REPORTING REQUIREMENTS › Section 47.52 - 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
					 bachelor social workers, licensed social workers and licensed clinical social
					 workers 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 47 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILYTHERAPISTS AND PROFESSIONAL COUNSELORS › CHILD ABUSE REPORTING REQUIREMENTS › Section 47.53 - Photographs of child subject to report

Current through Register Vol. 54, No. 28, July 13, 2024
A licensed bachelor social worker, licensed social worker
						or licensed clinical social worker 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 §
											47.52(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 §
													47.53 issued under the Child
						  Protective Services Law,
						  23 Pa.C.S. §
														6383(b)(2); and section 6 of
						  the Social Workers' Practice Act (63 P.S. §
														1906); 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 §
													47.51 (relating to definitions
						  relating to child abuse reporting requirements); 49 Pa. Code §
													47.55 (relating to immunity from
						  liability); 49 Pa. Code §
													47.56 (relating to
						  confidentiality-waived); 49 Pa. Code §
													47.57 (relating to noncompliance);
						  and 49 Pa. Code §
													47.79 (relating to mandatory
						  reporting).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 47 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILYTHERAPISTS AND PROFESSIONAL COUNSELORS › CHILD ABUSE REPORTING REQUIREMENTS › Section 47.54 - Suspected death as a result of child abuse- mandated reporting requirement

Current through Register Vol. 54, No. 28, July 13, 2024
A licensed bachelor social worker, licensed social worker
						or licensed clinical social worker 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 §
													47.54 issued under the Child
						  Protective Services Law,
						  23 Pa.C.S. §
														6383(b)(2); and section 6 of
						  the Social Workers' Practice Act (63 P.S. §
														1906); 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 §
													47.51 (relating to definitions
						  relating to child abuse reporting requirements); 49 Pa. Code §
													47.55 (relating to immunity from
						  liability); 49 Pa. Code §
													47.56 (relating to
						  confidentiality-waived); 49 Pa. Code §
													47.57 (relating to noncompliance);
						  and 49 Pa. Code §
													47.79 (relating to mandatory
						  reporting).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 47 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILYTHERAPISTS AND PROFESSIONAL COUNSELORS › CHILD ABUSE REPORTING REQUIREMENTS › Section 47.55 - 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 bachelor social worker,
						licensed social worker or licensed clinical social worker 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 actions of the
						licensed bachelor social worker, licensed social worker or licensed clinical
						social worker. For the purpose of any civil or criminal proceeding, the good
						faith of the licensed bachelor social worker, licensed social worker or
						licensed clinical social worker shall be presumed. The Board will uphold the
						same good faith presumption in any disciplinary proceeding that might result by
						reason of a licensee's actions under §§
											47.52-47.54 (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 §
													47.55 issued under the Child
						  Protective Services Law,
						  23 Pa.C.S. §
														6383(b)(2); and section 6 of
						  the Social Workers' Practice Act (63 P.S. §
														1906); 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 §
													47.51 (relating to definitions
						  relating to child abuse reporting requirements); and 49 Pa. Code §
													47.79 (relating to mandatory
						  reporting).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 47 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILYTHERAPISTS AND PROFESSIONAL COUNSELORS › CHILD ABUSE REPORTING REQUIREMENTS › Section 47.56 - Confidentiality-waived

Current through Register Vol. 54, No. 28, July 13, 2024
To protect children from abuse, the reporting
						requirements of §§
											47.52-47.54 (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 §
													47.56 issued under the Child
						  Protective Services Law,
						  23 Pa.C.S. §
														6383(b)(2); and section 6 of
						  the Social Workers' Practice Act (63 P.S. §
														1906); 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 §
													47.51 (relating to definitions
						  relating to child abuse reporting requirements); and 49 Pa. Code §
													47.79 (relating to mandatory
						  reporting).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 47 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILYTHERAPISTS AND PROFESSIONAL COUNSELORS › CHILD ABUSE REPORTING REQUIREMENTS › Section 47.57 - Noncompliance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Disciplinary action.
A licensed bachelor social worker,
					 licensed social worker or licensed clinical social worker who willfully fails
					 to comply with the reporting requirements in §§
											47.52-47.54 (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 bachelor social worker, licensed social
					 worker or licensed clinical social worker 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
					 23 Pa.C.S. §
													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 47 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILYTHERAPISTS AND PROFESSIONAL COUNSELORS › CHILD ABUSE REPORTING REQUIREMENTS › Section 47.59 - 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) (relating to
					 education and training) 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[lowbar]course[lowbar]app@pa.gov.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 47 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILYTHERAPISTS AND PROFESSIONAL COUNSELORS › SEXUAL MISCONDUCT › Section 47.61 - Prohibited conduct

Current through Register Vol. 54, No. 28, July 13, 2024
Sexual intimacies between a licensed bachelor social
						worker, licensed social worker or licensed clinical social worker and a current
						client/patient, or an immediate family member of a current client/patient, are
						prohibited.
The provisions of this §
													47.61 amended under sections 6 and
						  18(c) of the Social Workers, Marriage and Family Therapists and Professional
						  Counselors Act (63 P.S. §§
														1906 and
						  1918(c)); and section 9 of
						  the act of October 22, 2014 (P.L. 2884, No.
						  179).
This section cited in 49 Pa. Code §
													47.64 (relating to disciplinary
						  proceedings); and 49 Pa. Code §
													47.65 (relating to impaired
						  professional program).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 47 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILYTHERAPISTS AND PROFESSIONAL COUNSELORS › SEXUAL MISCONDUCT › Section 47.62 - Former sexual partners as clients/patients

Current through Register Vol. 54, No. 28, July 13, 2024
Licensed bachelor social workers, licensed social workers
						and licensed clinical social workers may not accept as client/patients
						individuals with whom they have engaged in sexual intimacies.
The provisions of this §
													47.62 amended under sections 6 and
						  18(c) of the Social Workers, Marriage and Family Therapists and Professional
						  Counselors Act (63 P.S. §§
														1906 and
						  1918(c)); and section 9 of
						  the act of October 22, 2014 (P.L. 2884, No.
						  179).
This section cited in 49 Pa. Code §
													47.64 (relating to disciplinary
						  proceedings); and 49 Pa. Code §
													47.65 (relating to impaired
						  professional program).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 47 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILYTHERAPISTS AND PROFESSIONAL COUNSELORS › SEXUAL MISCONDUCT › Section 47.63 - Sexual intimacies with a former client/ patient or an immediate family member of a former client/patient

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Sexual intimacies between a licensed
					 bachelor social worker, licensed social worker or licensed clinical social
					 worker and a former client/patient, or an immediate family member of a former
					 client/patient are prohibited for 7 years following the termination of the
					 professional relationship.
(b)
					 Following the passage of the 7-year period, licensed bachelor social workers,
					 licensed social workers and licensed clinical social workers may engage in
					 sexual conduct with a former client/patient, or an immediate family member of a
					 former client/patient which is not exploitive. In determining whether the
					 conduct is exploitive, the licensed bachelor social worker, licensed social
					 worker or licensed clinical social worker shall consider all of the following:
(1) The amount of time that has passed since
					 the professional relationship terminated.
(2) The nature and duration of the
					 professional relationship.
(3) The
					 circumstances of termination.
(4)
					 The client/patient's personal history-for example, unique
					 vulnerabilities.
(5) The
					 client/patient's current mental status.
(6) Statements or actions made by the
					 licensed bachelor social worker, licensed social worker or licensed clinical
					 social worker during the course of professional relationship suggesting or
					 inviting the possibility of a post-termination sexual or romantic relationship
					 with the client/patient.
(7) The
					 likelihood of adverse impact on the client/patient and immediate family members
					 of the client/patient.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 47 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILYTHERAPISTS AND PROFESSIONAL COUNSELORS › SEXUAL MISCONDUCT › Section 47.64 - Disciplinary proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 violation of §§
											47.61-47.63 (relating to prohibited
					 conduct; former sexual partners as clients/patients; sexual intimacies with a
					 former client/patient or an immediate family member of a former client/patient)
					 will be deemed unprofessional conduct and will subject the licensed bachelor
					 social worker, licensed social worker or licensed clinical social worker to
					 discipline under section 11(a)(2) of the act (63 P.S. §
												1911(a)(2)).
(b) The consent of a former client/patient or
					 immediate family member of a former client/patient to engage in sexual
					 intimacies with the licensed bachelor social worker, licensed social worker or
					 licensed clinical social worker is not a defense in any disciplinary action
					 brought under §§ 47.61-47.63.
(c) With the exception of information
					 contained in a professional record, neither opinion evidence, reputation
					 evidence nor specific instances of the past sexual conduct of a former
					 client/patient, or immediate family member of a former client/patient may be
					 admissible in a disciplinary action brought under §§
					 47.61-47.63.
(d) In a disciplinary
					 proceeding brought under §
											47.63(b), the
					 Board will consider whether there has been exploitation of the client/patient
					 in light of all of the relevant factors enumerated under §
											47.63(b)(1)-(7).
The provisions of this §
													47.64 amended under sections 6 and
						  18(c) of the Social Workers, Marriage and Family Therapists and Professional
						  Counselors Act (63 P.S. §§
														1906 and
						  1918(c)); and section 9 of
						  the act of October 22, 2014 (P.L. 2884, No.
						  179).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 47 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILYTHERAPISTS AND PROFESSIONAL COUNSELORS › SEXUAL MISCONDUCT › Section 47.65 - Impaired professional program

Current through Register Vol. 54, No. 28, July 13, 2024
When the Board takes disciplinary or corrective action
						against a licensed bachelor social worker, licensed social worker or licensed
						clinical social worker under section 11(a) of the act (63 P.S. §
												1911(a)), for conduct
						prohibited by §§
											47.61-47.63 (relating to prohibited
						conduct; former sexual partners as clients/patients; and sexual intimacies with
						a former client/patient, or an immediate family member of a former
						client/patient), the licensed bachelor social worker, licensed social worker or
						licensed clinical social worker will not be eligible for placement into an
						impaired professional program in lieu of disciplinary or corrective
						action.
The provisions of this §
													47.65 amended under sections 6 and
						  18(c) of the Social Workers, Marriage and Family Therapists and Professional
						  Counselors Act (63 P.S. §§
														1906 and
						  1918(c)); and section 9 of
						  the act of October 22, 2014 (P.L. 2884, No.
						  179).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 47 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILYTHERAPISTS AND PROFESSIONAL COUNSELORS › CODE OF ETHICAL PRACTICE AND STANDARDS OF PROFESSIONAL CONDUCT › Section 47.71 - Codes of ethical practice and professional conduct

Current through Register Vol. 54, No. 28, July 13, 2024
The Board subscribes to the codes of ethics and practice
						standards promulgated by the National Association of Social Workers (NASW), the
						Pennsylvania Society for Clinical Social Work and the Model Social Work
						Practice Act of the Association of State Social Work Boards. Licensed bachelor
						social workers, licensed social workers and licensed clinical social workers
						(licensees) shall adhere to these codes and standards, except when they
						conflict with this chapter. The Board will use these codes and standards in
						resolving ambiguities which may arise in the interpretation of this chapter,
						except that whenever any conflict exists between this chapter and the
						professional associations' codes and standards, this chapter shall
						prevail.
The provisions of this §
													47.71 amended under sections 6 and
						  18(c) of the Social Workers, Marriage and Family Therapists and Professional
						  Counselors Act (63 P.S. §§
														1906 and
						  1918(c)); and section 9 of
						  the act of October 22, 2014 (P.L. 2884, No.
						  179).
This section cited in 49 Pa. Code §
													47.76 (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 47 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILYTHERAPISTS AND PROFESSIONAL COUNSELORS › CODE OF ETHICAL PRACTICE AND STANDARDS OF PROFESSIONAL CONDUCT › Section 47.72 - 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.
(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 client/patient promptly of the need to
					 refer and seek the referral and transfer of services in relation to the
					 client's/patient's needs and preferences.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 47 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILYTHERAPISTS AND PROFESSIONAL COUNSELORS › CODE OF ETHICAL PRACTICE AND STANDARDS OF PROFESSIONAL CONDUCT › Section 47.73 - 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, the clients'/patients' 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 47 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILYTHERAPISTS AND PROFESSIONAL COUNSELORS › CODE OF ETHICAL PRACTICE AND STANDARDS OF PROFESSIONAL CONDUCT › Section 47.74 - 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 47 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILYTHERAPISTS AND PROFESSIONAL COUNSELORS › CODE OF ETHICAL PRACTICE AND STANDARDS OF PROFESSIONAL CONDUCT › Section 47.75 - 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 such 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 the 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 47 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILYTHERAPISTS AND PROFESSIONAL COUNSELORS › CODE OF ETHICAL PRACTICE AND STANDARDS OF PROFESSIONAL CONDUCT › Section 47.76 - 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 §
												47.71 (relating to codes of
					 ethical practice and professional conduct), 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 any procedures that are experimental or relatively
					 untried.
(iii) Describes the
					 attendant discomforts and risks that are most likely to occur, 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 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 47 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILYTHERAPISTS AND PROFESSIONAL COUNSELORS › CODE OF ETHICAL PRACTICE AND STANDARDS OF PROFESSIONAL CONDUCT › Section 47.77 - 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.