reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 48 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF MARRIAGE AND FAMILY THERAPISTS › CHILD ABUSE REPORTING REQUIREMENTS › Section 48.57 - Noncompliance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Disciplinary action.
A licensed marriage and family therapist
					 who willfully fails to comply with the reporting requirements in §§
											48.52-48.54 (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 marriage and family therapist 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 48 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF MARRIAGE AND FAMILY THERAPISTS › CHILD ABUSE REPORTING REQUIREMENTS › Section 48.59 - 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 48 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF MARRIAGE AND FAMILY THERAPISTS › CODE OF ETHICAL PRACTICE AND STANDARDS OF PROFESSIONAL CONDUCT › Section 48.71 - Code of ethical practice and professional conduct

Current through Register Vol. 54, No. 28, July 13, 2024
The Board subscribes to the code of ethics and practice
						standards for licensed marriage and family therapists (licensees) promulgated
						by the American Association for Marriage and Family Therapy (AAMFT) and the
						Board will use the AAMFT Code of Ethics in resolving ambiguities which may
						arise in the interpretation of this chapter, except that whenever any conflict
						exists between this chapter and the AAMFT Code of Ethics, this chapter shall
						prevail.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 48 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF MARRIAGE AND FAMILY THERAPISTS › CODE OF ETHICAL PRACTICE AND STANDARDS OF PROFESSIONAL CONDUCT › Section 48.72 - 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/patients 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 48 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF MARRIAGE AND FAMILY THERAPISTS › CODE OF ETHICAL PRACTICE AND STANDARDS OF PROFESSIONAL CONDUCT › Section 48.73 - 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 48 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF MARRIAGE AND FAMILY THERAPISTS › CODE OF ETHICAL PRACTICE AND STANDARDS OF PROFESSIONAL CONDUCT › Section 48.74 - 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 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 48 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF MARRIAGE AND FAMILY THERAPISTS › CODE OF ETHICAL PRACTICE AND STANDARDS OF PROFESSIONAL CONDUCT › Section 48.75 - 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 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 48 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF MARRIAGE AND FAMILY THERAPISTS › CODE OF ETHICAL PRACTICE AND STANDARDS OF PROFESSIONAL CONDUCT › Section 48.76 - 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 AAMFT Code of
					 Ethics, 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 any 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 48 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF MARRIAGE AND FAMILY THERAPISTS › CODE OF ETHICAL PRACTICE AND STANDARDS OF PROFESSIONAL CONDUCT › Section 48.77 - 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 48 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF MARRIAGE AND FAMILY THERAPISTS › CODE OF ETHICAL PRACTICE AND STANDARDS OF PROFESSIONAL CONDUCT › Section 48.78 - 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 marriage and
					 family therapy services, types of marriage and family therapy 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 shall 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 such 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 48 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF MARRIAGE AND FAMILY THERAPISTS › CODE OF ETHICAL PRACTICE AND STANDARDS OF PROFESSIONAL CONDUCT › Section 48.79 - 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 §§
											48.51-48.57 (relating to child abuse
					 reporting requirements).
(c)
					 Licensees 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 48 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF MARRIAGE AND FAMILY THERAPISTS › CODE OF ETHICAL PRACTICE AND STANDARDS OF PROFESSIONAL CONDUCT › Section 48.80 - 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) A 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 A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › GENERAL PROVISIONS › Section 49.2 - Educational requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Educational requirements are as follows:
(1)
Human growth and
					 development
-(2 semester or 3 quarter hours) studies that provide an
					 understanding of the nature and needs of individuals at all developmental
					 stages.
(2)
Social and
					 cultural foundations
-(2 semester or 3 quarter hours) studies that
					 provide an understanding of issues and trends in a multicultural and diverse
					 society.
(3)
Helping
					 relationships
-(2 semester or 3 quarter hours) studies that provide an
					 understanding of counseling and consultation processes.
(4)
Group work
-(2 semester
					 or 3 quarter hours) studies that provide an understanding of group development,
					 dynamics, counseling theories, group counseling methods and skills and other
					 group approaches.
(5)
Career and lifestyle development
-(2 semester or 3 quarter
					 hours) studies that provide an understanding of career development and related
					 life factors.
(6)
Appraisal
-(2 semester or 3 quarter hours) studies that provide
					 an understanding of individual and group approaches to assessment and
					 evaluation.
(7)
Research
					 and program evaluation
-(2 semester or 3 quarter hours) studies that
					 provide an understanding of types of research methods, basic statistics, and
					 ethical and legal considerations in research.
(8)
Professional
					 orientation
-(2 semester or 3 quarter hours) studies that provide an
					 understanding of all aspects of professional functioning, including history,
					 roles, organizational structures, ethics, standards and
					 credentialing.
(9)
Clinical
					 instruction
-(Includes 100 clock hours of supervised practicum
					 experience and 600 clock hours of supervised internship experience). The
					 supervised internship experience shall begin after completion of the supervised
					 practicum experience. Until March 2, 2007, this requirement may be satisfied by
					 completion of a total of 6 semester hours or 9 quarter hours of
					 practicum/internship experience.
This section cited in 49 Pa. Code §
													49.1 (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 › GENERAL PROVISIONS › Section 49.3 - Qualifications for supervisors

Current through Register Vol. 54, No. 28, July 13, 2024
To qualify as a supervisor, an individual shall meet one
						of the following criteria:
(1) Holds a
					 license as a professional counselor and has 5 years experience within the last
					 10 years as a professional counselor.
(2) Holds a license and has at least a
					 master's degree in a related field and has 5 years experience within the last
					 10 years in that field.
(3) Until
					 January 1, 2006, meet the following criteria:
(i) Practices as a professional
					 counselor.
(ii) Has 5 years
					 experience within the last 10 years as a professional counselor.
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 › GENERAL PROVISIONS › Section 49.4 - Applicability of general provisions in Chapter 47

Current through Register Vol. 54, No. 28, July 13, 2024
Sections
						47.2-47.4 (relating to applicability of
						general rules; meetings of the board; and licensure fees) apply to 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 › GENERAL PROVISIONS › Section 49.5 - Conversion therapy, sexual orientation change efforts and reparative therapy-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
Section 47.5 (relating to conversion therapy, sexual
						orientation change efforts and reparative therapy- statement of policy) applies
						to 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 › LICENSE › Section 49.11 - Licensure examination

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 examination required as a prerequisite to being granted a license to hold
					 oneself out as a licensed professional counselor shall be one of the following:
(1) The National Counselor Examination for
					 Licensure and Certification (NCE) given by NBCC.
(2) The Certified Rehabilitation Counselor
					 (CRC) Examination given by CRCC.
(3) The Art Therapy Credentials Board (ATCB)
					 Certification Examination given by ATCB.
(4) The Board Certification Examination given
					 by CBMT.
(5) The practice
					 examination of psychological knowledge given by the North American Association
					 of Master's in Psychology (NAMP).
(6) The Advanced Alcohol & Other Drug
					 Abuse Counselor Examination (AAODA) given by the International Certification
					 and Reciprocity Consortium/Alcohol and Other Drug Abuse Inc. (IC &
					 RC/AODA).
(7) The Examination for
					 Master Addictions Counselors (EMAC) given by NBCC.
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 › LICENSE › Section 49.12 - General qualifications for licensure

Current through Register Vol. 54, No. 28, July 13, 2024
General qualifications and requirements for applicants
						for licensure are as follows:
(1) The
					 applicant is of good moral character.
(2) The applicant has not been convicted of a
					 felony, which shall include a judgment, an admission of guilt or a plea of nolo
					 contendere, under The Controlled Substance, Drug, Device and Cosmetic Act
					 (35
					 P. S. §§
												780-101-780-144), or of an
					 offense under the laws of another jurisdiction, which, if committed in this
					 Commonwealth, would be a felony under The Controlled Substance, Drug, Device
					 and Cosmetic Act, unless the following apply:
(i) At least 10 years have elapsed from the
					 date of conviction.
(ii) The
					 applicant satisfactorily demonstrates to the Board that the applicant has made
					 significant progress in personal rehabilitation since the conviction, so that
					 licensure of the applicant would not be expected to create a substantial risk
					 of harm to the health and safety of the applicant's clients or the public or a
					 substantial risk of further criminal violations.
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 › LICENSE › Section 49.14 - Standards for supervisors

Current through Register Vol. 54, No. 28, July 13, 2024
Supervisors, and those to whom supervisory
						responsibilities are delegated under §
											49.13(a)(4)
						(relating to licensed professional counselors) shall comply with this section.
						Supervisors will be asked to attest to compliance on the verification of
						experience form which shall accompany the supervisee's application for
						licensure. The Board reserves the right to require a supervisor by
						documentation or otherwise to establish to the Board's satisfaction that
						compliance occurred.
(1) The
					 supervisor shall be qualified by training and experience to practice in the
					 supervisee's areas of supervised practice.
(2) The supervisor may not be a relative of
					 the supervisee by blood or marriage, may not be involved in a dual relationship
					 which obliges the supervisor to the supervisee and may not engage in treatment
					 of the supervisee.
(3) An
					 individual whose license has been actively suspended or revoked by a licensing
					 Board will not qualify as a supervisor.
(i) If
					 during the period of supervision, the supervisor's license is suspended or
					 revoked, the supervisor shall immediately notify the supervisee and immediately
					 cease supervision. Credit will be given for hours completed prior to the
					 disciplinary action.
(ii) The
					 supervisee shall obtain a new supervisor to complete the required
					 experience.
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 › LICENSE › Section 49.15 - Exemption from licensure examination

Current through Register Vol. 54, No. 28, July 13, 2024
A license will be issued without examination to an
						applicant who meets the following requirements. The applicant shall
						have:
(1) Satisfied the general
					 requirements for licensure of §
											49.12 (relating to general
					 qualifications for licensure).
(2)
					 Submitted an application provided by the Board and accompanied by the required
					 fee.
(3) Submitted an application
					 by February 19, 2002. (Editor's Note: The act of February 13, 2002 (P. L. 83,
					 No. 4) extended the deadline for the filing of an application by 1
					 year.)
(4) Demonstrated proof of
					 practice of professional counseling for at least 5 of the 7 years immediately
					 prior to the date of application for license.
(5) Have successfully met one of the
					 following educational requirements:
(i) Holds
					 a doctoral degree in professional counseling from an accredited educational
					 institution.
(ii) Holds a doctoral
					 degree in a field closely related to the practice of professional counseling
					 from an accredited educational institution.
(iii) Holds a master's degree of at least 48
					 semester hours or 72 quarter hours in professional counseling or afield closely
					 related to the practice of professional counseling from an accredited
					 educational institution.
(iv) Holds
					 a master's degree of less than 48 semester hours or 72 quarter hours but not
					 less than 36 semester hours or 54 quarter hours in professional counseling or a
					 field closely related to the practice of professional counseling and has within
					 the past 10 years completed sufficient continuing education satisfactory to the
					 Board to equal the number of hours needed to achieve a total of 48 semester
					 hours or 72 quarter hours at a ratio of 15 continuing education hours equaling
					 1 semester hour. Continuing education satisfactory to the Board shall meet the
					 following requirements:
(A) Master's level
					 difficulty.
(B) Excludes courses in
					 office management or practice building.
(C) Any course approved by NBCC, CRC, CBMT,
					 AATA, ADTA, the Pennsylvania Certification Board (PCB) or NADT, or which is
					 approved for continuing education credit for licensed psychologists or licensed
					 social workers, and which does not include a course in office management or
					 practice building.
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 › LICENSE › Section 49.16 - Application for licensure by reciprocity

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A license shall be issued based on
					 reciprocity to an applicant who meets the following requirements. The applicant
					 shall have:
(1) Satisfied the general
					 requirements for licensure of §
												49.12 (relating to general
					 qualifications for licensure).
(2)
					 Provided a letter from other jurisdiction registration boards where the
					 licensed professional counselor is licensed, certifying licensure and reporting
					 any violations.
(3) Demonstrated
					 qualifications at least equal to the qualifications required by 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 › LICENSE › Section 49.18 - Licensure by endorsement

Current through Register Vol. 54, No. 28, July 13, 2024
To be issued a license by endorsement without examination
						as a professional counselor, an applicant shall provide proof satisfactory to
						the Board, that the applicant has met the following conditions:
(1) Satisfied the general requirements for
					 licensure of §
											49.12 (relating to general
					 qualifications for licensure).
(2)
					 Satisfied the educational requirements in section 7(f)(2) of the act
					 (63
					 P. S. §
												1907(f)(2)) and
					 §
											49.13(a)(3)
					 (relating to licensed professional counselor).
(3) Holds a professional counselor license
					 that is in good standing from another state. The applicant shall provide a
					 letter from the other state's licensing authority where the professional
					 counselor is licensed certifying licensure and reporting any disciplinary
					 history.
(4) Demonstrates to the
					 Board's satisfaction that the applicant has completed a minimum of 3,000 hours
					 of supervised clinical experience that conforms to the requirements of the
					 state in which the applicant is currently licensed.
(5) Demonstrates to the Board's satisfaction
					 that the applicant has, at a minimum, been actively engaged in the practice of
					 professional counseling for 5 of the last 7 years immediately preceding the
					 filing of the application for licensure by endorsement with the
					 Board.
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 › SEXUAL MISCONDUCT › Section 49.21 - Prohibited conduct

Current through Register Vol. 54, No. 28, July 13, 2024
Sexual intimacies between a licensed professional
						counselor and a current client/patient, or an immediate family member of a
						current client/patient, are prohibited.
This section cited in 49 Pa. Code §
													49.24 (relating to disciplinary
						  proceedings); and 49 Pa. Code §
													49.25 (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 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › SEXUAL MISCONDUCT › Section 49.22 - Former sexual partners as clients/patients

Current through Register Vol. 54, No. 28, July 13, 2024
Licensed professional counselors may not accept as
						client/patients individuals with whom they have engaged in sexual
						intimacies.
This section cited in 49 Pa. Code §
													49.24 (relating to disciplinary
						  proceedings); and 49 Pa. Code §
													49.25 (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 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › SEXUAL MISCONDUCT › Section 49.23 - 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
					 professional counselor 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 professional counselors 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 professional counselor 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
					 therapy.
(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 professional counselor during the course of therapy 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 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS › SEXUAL MISCONDUCT › Section 49.24 - Disciplinary proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 violation of §§
											49.21-49.23 (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) will be deemed unprofessional conduct and will subject the
					 licensed professional counselor to discipline under section 1911(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 professional counselor is not a defense in any
					 disciplinary action brought under §§ 49.21-49.23.
(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 §§
					 49.21-49.23.
(d) In a disciplinary
					 proceeding brought under §
											49.23(b), the
					 Board will consider whether there has been exploitation of the client/patient
					 in light of all of the relevant factors enumerated under §
											49.23(b)(1)-(7).
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 › SEXUAL MISCONDUCT › Section 49.25 - Impaired professional program

Current through Register Vol. 54, No. 28, July 13, 2024
When the Board takes disciplinary or corrective action
						against a licensed professional counselor under section 11(a) of the act
						(63
						P. S. §
												1911(a)), for
						conduct prohibited by §§
											49.21-49.23 (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 professional counselor will not be eligible for
						placement into an impaired professional program in lieu of disciplinary or
						corrective action.
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 49.31 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in §§
											49.32-49.42, have the following
						meanings, unless the context clearly indicates otherwise:
Biennium
-The period from March 1 of an
						odd-numbered year to February 28 of the next odd-numbered year.
Certification
-A statement signed by the
						licensee certifying that continuing education requirements have been met along
						with information and documentation relative to the course.
Clock hour
-50 to 60 minutes of
						instruction or participation in an approved course or program.
Provider
-An agency, organization,
						institution, association, center or individual approved by the Board to offer
						an organized course or program.
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 49.32 - Requirement for biennial renewal

Current through Register Vol. 54, No. 28, July 13, 2024
The Board requires, as a condition of biennial renewal of
						a professional counselor's license, the completion during the preceding
						biennium of 30 clock hours of continuing education in acceptable courses and
						programs offered by approved providers. Up to 20 clock hours may be obtained by
						home study. Excess clock hours may not be carried over to the next biennium. At
						least 3 of the required 30 clock hours must be related to ethical issues and at
						least 2 of the required 30 clock hours must be completed in child abuse
						recognition and reporting in accordance with §
											49.58(b)
						(relating to child abuse recognition and reporting-mandatory training
						requirement).
The provisions of this §
													49.32 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 §
													49.31 (relating to
						  definitions).