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PRINTER'S NO. 2133
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1733
Session of
2025
INTRODUCED BY BRIGGS, HILL-EVANS, SANCHEZ, BURGOS, GIRAL,
CEPEDA-FREYTIZ, KHAN, GUENST, MALAGARI, HOHENSTEIN, HOWARD,
NEILSON, FREEMAN, CIRESI, WAXMAN AND GREEN, JULY 14, 2025
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JULY 14, 2025
AN ACT
Amending the act of July 9, 1987 (P.L.220, No.39), entitled "An
act licensing and regulating the practice of social work;
providing penalties; and making an appropriation," further
providing for legislative intent, for definitions, for
license required, for State Board of Social Workers, Marriage
and Family Therapists and Professional Counselors, for powers
and functions of board, for qualifications for license, for
procedures for licensing, for exemption from licensure
examination, for reciprocity, for endorsement of out-of-State
licenses and for reinstatement of license; providing for
restriction on use of title "licensed professional art
therapist" and related titles; and further providing for
penalties, for license renewal, records and fees and for
unlawful practice.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of July 9, 1987 (P.L.220,
No.39), known as the Social Workers, Marriage and Family
Therapists and Professional Counselors Act, is amended to read:
Section 2. Legislative intent.
The practice of social work, marriage and family therapy
[and], professional counseling and professional art therapy
within this Commonwealth is hereby declared to affect the public
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safety and welfare and to be subject to regulation and control
in the public interest to protect the public from
unprofessional, improper, unauthorized and unqualified practice
of licensed social work, licensed marriage and family therapy
[and], licensed professional counseling and licensed
professional art therapy. This act regulates only those who hold
themselves out as licensed social workers, licensed clinical
social workers, licensed marriage and family therapists [or as],
licensed professional counselors or as licensed professional art
therapists. Acquisition of a license under this act shall not be
made a condition of the employment of a person by the
Commonwealth or any of its political subdivisions or by
nonprofit agencies.
Section 2. The definitions of "board" and "diagnosis" in
section 3 of the act are amended and the section is amended by
adding definitions to read:
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Accredited educational institution." A university or
college approved by the American Art Therapy Association or
accredited by the Commission on Accreditation of Allied Health
Education Programs.
* * *
"Art therapy." The use of a specialized form of
psychotherapy:
(1) Conducted by a professionally trained art therapist
who has met the standards outlined in section 7(h) or (i) and
is currently practicing under a qualified art therapy
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supervisor.
(2) That is an evidence-based clinical practice,
including the integration of psychological theories, art
therapy theory, art-based assessment models, traditional
verbal counseling techniques and the creative process to
address and alleviate mental and emotional disorders and
psychopathologies, improve cognitive and sensory-motor
functions and support wellness through diagnosis, assessment,
testing, treatment, evaluation and rehabilitation in a
professional relationship.
"Art therapy services." The use of expressive arts media,
creative techniques, nonverbal communication, psychotherapy,
art-based assessment models and the creative process in a
therapeutic relationship between a client and licensed
professional art therapist and includes the following services:
(1) Evaluation, assessment and diagnosis to define and
implement individualized treatment plans to address
developmental, rehabilitative, habilitative, medical, mental
health, preventive, wellness care or educational needs of the
client.
(2) Therapeutic interventions to facilitate alternative
modes of receptive and expressive communication that can
circumvent the limitations of verbal articulation.
(3) Use of treatment interventions that include
psychotherapy or counseling integrated with art therapy
theory, the creative process or art media to facilitate human
development and to identify and remediate mental, emotional
or behavioral disorders and associated distresses that
interfere with daily functioning.
(4) Utilizing appropriate knowledge and specialized
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training in art therapy theory, art media, the creative
process, the neurobiological implications of art-making,
psychotherapy and counseling principles and theory and
clinical decision-making skills to inform practice and
determine the appropriate course of action within the
therapist's scope of art therapy practice, tailored to the
context of each specific clinical setting.
"Board." The State Board of Social Workers, Marriage and
Family Therapists [and], Professional Counselors and
Professional Art Therapists under the Bureau of Professional and
Occupational Affairs within the Department of State.
"Certified art therapist." An individual holding national
board certification from the Art Therapy Credentials Board.
* * *
"Diagnosis." The term includes the following:
(1) A clinical social work assessment, a marriage and
family therapist assessment [or], a professional counselor
assessment or a professional art therapy assessment.
(2) The utilization of currently accepted diagnostic
classifications by a clinical social worker, a marriage and
family therapist [or], a professional counselor or a
professional art therapist, including, but not limited to,
the American Psychiatric Association's Diagnostic and
Statistical Manual of Mental Disorders, as amended and
supplemented, but only to the extent of the clinical social
worker's, marriage and family therapist's [or], professional
counselor's or professional art therapist's education,
training, experience and scope of practice as established by
this act.
"Face-to-face meeting." A meeting that is live, interactive
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and visual. The term includes a video meeting if the meeting is
synchronous and involves verbal and visual interaction.
"Independent practice of professional art therapy." The
application of professional art therapy knowledge and skills by
an individual:
(1) who styles oneself as a professional art therapist;
(2) who is not under supervision and regulates and is
responsible for the individual's own practice and treatment
procedures; and
(3) whose practice is not affiliated with any other
practice, health care facility, government agency or
government-regulated social service agency.
"Licensed associate art therapist." An individual who has
met the application requirement outlined in section 7(i) and has
been issued a license to practice art therapy under an approved
qualified art therapy supervisor in accordance with rules of the
board. An individual holding a licensed associate art therapist
license is not authorized to practice autonomously and are
solely permitted to deliver art therapy services so long as the
individual continues to meet the supervision requirements
outlined in section 7(i)(4), (5) and (6).
* * *
"Licensed professional art therapist." An individual who has
met the application requirements outlined in section 7(h) and
has been issued a license for the independent practice of
clinical art therapy in accordance with rules of the board. An
individual who engages in the practice of professional art
therapy and who holds a current license under this act.
* * *
"Practice of professional art therapy." The integrative
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application of psychotherapeutic principles and methods with
specialized training in strategic use of art media, the
neurobiological implications of art making and art-based
assessment models while under the supervision of a licensed
professional art therapist supervisor acceptable to the board in
accordance with the board's regulations. The term includes the
following:
(1) The evaluation, assessment, diagnosis and treatment
of normal and abnormal cognitive, developmental, behavioral
and emotional disorders in individuals, families and groups.
(2) Strategic application of therapeutic art
interventions in the context of applied psychological theory
in a psychotherapeutic relationship.
(3) Facilitation of visual, nonverbal and verbal
receptive and expressive communication and implementation of
treatment plans to help clients improve cognitive and sensory
motor functions, increase self-awareness and self-esteem,
cope with traumatic experience and grief, reduce symptoms of
depression, anger and distress and improve educational
performance, vocational performance and social functioning.
* * *
"Practice of professional art therapy." The integrative
application of psychotherapeutic principles and methods with
specialized training in strategic use of art media, the
neurobiological implications of art making and art-based
assessment models and includes the following:
(1) The evaluation, assessment, diagnosis and treatment
of normal and abnormal cognitive, developmental, behavioral
and emotional disorders in individuals, families and groups.
(2) Strategic application of therapeutic art
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interventions in the context of applied psychological theory
in a psychotherapeutic relationship.
(3) Facilitation of visual, nonverbal and verbal
receptive and expressive communication and implementation of
treatment plans to help clients improve cognitive and sensory
motor functions, increase self-awareness and self-esteem,
cope with traumatic experience and grief, reduce symptoms of
depression, anger and distress and improve educational
performance, vocational performance and social functioning.
* * *
"Professional art therapy assessment." The professional
application of psychotherapeutic and art therapy theories and
techniques to evaluate, identify and establish plans for
treatment of individuals, families and groups with emotional,
mental, addiction and behavioral disorders. The term includes a
mental health examination and psychological history.
* * *
"Qualified art therapy supervisor." An individual who:
(1) is licensed by the Commonwealth as a licensed
professional art therapist; or
(2) is a licensed professional counselor, licensed
clinical mental health counselor, licensed clinical social
worker, licensed clinical psychologist, licensed marriage and
family therapist or licensed psychiatrist and holds an active
certification as a registered art therapist with board
certification or art therapy credentialed supervisor.
* * *
"Supervised experience." The regular oversight of the
functions and activities of a graduate art therapy student
either as part of an internship or practicum experience or the
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practice of art therapy to fulfill the requirements to be
licensed under this act by a qualified art therapy supervisor.
"Supervision." A formalized professional relationship
between a qualified art therapy supervisor and supervisee in
which the qualified art therapy supervisor directs, guides,
monitors, instructs and evaluates the supervisee's professional
art therapy practice while promoting the development of the
supervisee's knowledge, skills and abilities to provide
professional art therapy services in an ethical and competent
manner and includes the following:
(1) An acceptance of direct responsibility for the
client services rendered by the supervisee via face-to-face
meetings with the supervisee.
(2) The qualified art therapy experience is under the
order, control and full professional responsibility of a
qualified art therapy supervisor who reviews aspects of art
therapy practice and case management in a face-to-face
meeting with the supervisee.
(3) The qualified art therapy supervisor ensures that
the extent, kind and quality of art therapy performed is
consistent with the education, training and experience of the
supervisee.
(4) Reviewing client or patient records, monitoring and
evaluating assessment, diagnosis and treatment decisions of
the art therapist supervisee.
(5) Ensuring compliance with laws and regulations
governing the practice of professional art therapy and
licensed associate art therapy.
Section 3. Sections 4, 5 heading, (a), (k) and (l) and 6(2)
and (3) of the act, amended March 28, 2024 (P.L.11, No.4), are
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amended to read:
Section 4. License required.
It shall be unlawful for any person to hold oneself forth as
a licensed bachelor social worker, licensed social worker,
licensed clinical social worker, licensed associate marriage and
family therapist, licensed marriage and family therapist,
licensed associate professional counselor [or], licensed
professional counselor or licensed professional art therapist
unless he or she shall first have obtained a license pursuant to
this act.
Section 5. State Board of Social Workers, Marriage and Family
Therapists [and], Professional Counselors and
Professional Art Therapists.
(a) Creation.--There is hereby created the State Board of
Social Workers, Marriage and Family Therapists [and],
Professional Counselors and Professional A rt Therapists , a
departmental administrative board in the Department of State.
The board shall consist of [13] 15 members who are citizens of
the United States and who have been residents of this
Commonwealth for a two-year period, two of whom shall be public
members; five of whom shall be licensed social workers, at least
one of whom shall be a licensed clinical social worker and at
least one of whom shall be a licensed social worker; two of whom
shall be licensed marriage and family therapists; two of whom
shall be licensed professional counselors; one of whom shall be
either a licensed marriage and family therapist or a licensed
professional counselor whose membership shall rotate between
those professions at the expiration of the member's second term;
two of whom shall be licensed professional art therapists; and
one of whom shall be the Commissioner of Professional and
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Occupational Affairs.
* * *
(k) Notice.--Reasonable notice of all meetings shall be
given in conformity with [the act of July 3, 1986 (P.L.388,
No.84), known as the Sunshine Act] 65 Pa.C.S. Ch. 7 (relating to
open meetings).
(l) Operating procedures.--The board shall meet within 30
days after the appointment of its new members and set up
operating procedures and develop application forms for licensing
clinical social workers, associate marriage and family
therapists, marriage and family therapists, associate
professional counselors and professional counselors and
professional art therapists. It shall be the responsibility of
the board to circulate these forms and educate the public to the
requirements of licensing in order to hold oneself out as a
licensed bachelor social worker, licensed social worker,
licensed associate marriage and family therapist, licensed
clinical social worker, licensed marriage and family therapist,
licensed associate professional counselor or licensed
professional counselor within the Commonwealth.
Section 6. Powers and functions of board.
The board shall have the following powers:
* * *
(2) To adopt and, from time to time, revise such rules
and regulations as may be necessary to carry into effect the
provisions of this act. Such regulations may include, but
shall not be limited to, standards of professional practice
and conduct for licensed bachelor social workers, licensed
social workers, licensed clinical social workers, licensed
associate marriage and family therapists, licensed marriage
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and family therapists, licensed associate professional
counselors [and] licensed professional counselors,
professional art therapists and licensed associate art
therapists in Pennsylvania.
(3) To examine for, deny, approve, issue, revoke,
suspend or renew licenses of bachelor social workers, social
workers, clinical social workers, associate marriage and
family therapists, marriage and family therapists, associate
professional counselors [and professional counselors],
professional art therapists and licensed associate art
therapists, professional art therapists and licensed
associate art therapists pursuant to this act and to conduct
hearings in connection therewith.
* * *
Section 4. Section 7 of the act is amended by adding
subsections to read:
Section 7. Qualifications for license.
* * *
(h) Professional art therapist license.--An applicant shall
be qualified to hold oneself out as a licensed professional art
therapist if the applicant submits proof satisfactory to the
board that all of the following apply:
(1) The applicant is at least 21 years of age.
(2) The applicant is of good moral character. In
assessing the moral character of an applicant with a criminal
conviction, the board shall conduct an individualized
assessment in accordance with 63 Pa.C.S. § 3113 (relating to
consideration of criminal convictions).
(3) The applicant has successfully met one of the
following educational requirements:
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(i) Holds a master's degree with a minimum of 60
semester hours or 90 quarter hours of graduate coursework
in art therapy from a program that is approved by the
American Art Therapy Association or accredited by the
Commission on Accreditation of Allied Health Education
Programs at the time the degree was conferred.
(ii) Has successfully completed a master's degree
with a minimum of 60 semester hours or 90 quarter hours
of graduate coursework in art therapy or a field
determined by the board by regulation to be closely
related to the practice of professional art therapy and
has successfully completed a minimum of 30 graduate
credit hours in the following subject areas: theory and
practice of art therapy, art therapy media and
techniques, history of art therapy, human growth and
developmental dynamics in art, application of art therapy
with people in different treatment settings, art therapy
appraisal, diagnosis and assessment, group art therapy,
ethical and legal issues of art therapy practice, matters
of cultural and social diversity bearing on the practice
of art therapy and standards of good art therapy practice
and completed at least 700 hours of supervised internship
experience.
(iii) Holds a doctoral degree in art therapy from an
accredited educational institution or holds a doctoral
degree in a field determined by the board by regulation
to be closely related to the practice of professional art
therapy from an accredited educational institution.
(4) The applicant has complied with the experience
requirements as follows:
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(i) An individual meeting the educational
requirements of paragraph (3)(i) or (ii) must have
completed at least 3,000 hours of supervised clinical
experience, acceptable to the board as determined by
regulation, which was obtained subsequent to granting of
the master's degree in a period of not less than two
years. Of these 3,000 total hours, at least 50% must be
in direct contact with clients with demonstrated
experience in diagnosing or treating mental, emotional,
behavioral and addiction disorders.
(ii) An individual meeting the educational
requirements of paragraph (3)(iii) must have completed at
least 2,400 hours of supervised clinical experience,
acceptable to the board as determined by regulation,
1,200 hours of which was obtained subsequent to the
granting of the doctoral degree.
(5) The applicant's postgraduate experience is completed
under supervision by a licensed professional art therapist, a
certified art therapist or any other licensed mental health
professional acceptable to the board as determined by
regulation.
(6) The application has been accompanied by the
application fee.
(7) The applicant demonstrates professional competency
by satisfactorily completing the Art Therapy Credentials
Board Examination, or a substantially equivalent exam
approved by the board.
(8) The applicant has not been convicted of a felony
under The Controlled Substance, Drug, Device and Cosmetic
Act, or of an offense under the laws of another jurisdiction
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which if committed in this Commonwealth would be a felony
under The Controlled Substance, Drug, Device and Cosmetic
Act, unless the applicant otherwise satisfies the
qualifications contained in or authorized by this act and:
(i) at least 10 years have elapsed from the date of
conviction; or
(ii) the applicant satisfactorily demonstrates to
the board that the applicant has made significant
progress in personal rehabilitation since the conviction
such that licensure of the applicant should not be
expected to create a substantial risk of harm to the
health and safety of clients or the public or a
substantial risk of further criminal violation,
in which case the board may issue a probationary license
for the remainder of the 10 years required in
subparagraph (i).
As used in this paragraph, the term "convicted" includes a
judgment, an admission of guilt or a plea of nolo contendere.
(h.1) Authorization for licensed professional art
therapists.--A licensed professional art therapist may engage in
the independent practice of art therapy and is authorized to
diagnose and treat mental disorders specified in the most recent
edition of the Diagnostic and Statistical Manual of mental
disorders of the American Psychiatric Association designated by
the board by rules and regulations.
(i) Licensed associate art therapist.--The board shall issue
an associate art therapist license to an applicant if the
applicant has completed and submitted an application form in the
manner as prescribed, accompanied by applicable fees, and
provides evidence satisfactory to the board that the applicant
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has fulfilled the following requirements:
(1) Is at least 21 years of age.
(2) Is of good moral character. In determining moral
character under this paragraph, the board may take into
consideration whether the applicant has engaged in conduct or
activities which would constitute grounds for discipline
under this act. In assessing the moral character of an
applicant with a criminal conviction, the board shall conduct
an individualized assessments in accordance with 63 Pa.C.S. §
3113.
(3) Has completed the educational and practicum or
internship requirements for licensure as an associate art
therapist in this Commonwealth as outlined in section 7(h)
(2), (3) and (4).
(4) Has submitted one letter of recommendation from a
qualified supervisor who has provided direct clinical
supervision of the applicant's graduate program clinical
training, practicum or internship attesting to the
applicant's integrity, competence and moral character and
completed a postgraduate supervised training plan on forms
prescribed by the board describing services to be provided,
place of employment, individuals responsible for clinical
supervision and a statement acknowledging the license
regulations and requirements. Supervision of art therapy
students shall be provided by a qualified art therapy
supervisor. No licensed associate art therapist shall
practice art therapy without supervision by a licensed
professional art therapist or a supervisor otherwise
acceptable to the board. The plan for supervision of the
licensed associate art therapist shall be approved in writing
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by the committee prior to any actual performance of art
therapy by the licensed associate art therapist.
(j) Licenses for associate art therapists.--
(1) A license issued under this section is valid for a
period of five years so long as the individual holding the
license provides evidence annually, through a form prescribed
by the board, that the individual is receiving not less than
one hour of direct face-to-face contact with a qualified art
therapy supervisor per 10 hours of face-to-face practice with
clients, including no less than two hours of supervision per
month, through group or individual supervision.
(2) At the end of the five-year period, a licensed
associate art therapist who has not met the requirements for
licensure as a professional art therapist may submit an
application for extension of licensure as an associate art
therapist to the board. The application must include:
(i) a plan for completing the requirements to obtain
licensure as a licensed professional art therapist;
(ii) documentation of compliance with the continuing
education requirements;
(iii) documentation of compliance with requirements
related to supervision; and
(iv) letters of recommendation from at least one
qualified art therapy supervisor providing supervision to
the applicant.
(3) An extension of a license as an associate art
therapist under this subsection is valid for a period of two
years and is not renewable.
Section 5. Section 8(b) of the act, amended March 28, 2024
(P.L.11, No.4), is amended to read:
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Section 8. Procedures for licensing.
* * *
(b) Issuance of license.--The board shall issue to each
person who meets the licensure requirements of this act a
certificate setting forth that such person is licensed to hold
oneself out as a licensed bachelor social worker, a licensed
social worker, a licensed clinical social worker, a licensed
associate marriage and family therapist, a licensed marriage and
family therapist, a licensed associate professional counselor
[or], a licensed professional counselor or a licensed
professional art therapist.
Section 6. Section 9 of the act is amended by adding a
subsection to read:
Section 9. Exemption from licensure examination.
* * *
(d) Professional art therapists.--The requirements of
section 7(h)(5) shall not apply and a license shall be issued
without examination to an applicant who meets all of the
following requirements:
(1) Has submitted an application for a professional art
therapist license, accompanied by the required fee, within
two years after the effective date of this paragraph.
(2) Can demonstrate proof of practice of professional
art therapy for at least five years prior to the date of
application for license.
(3) Has successfully met one of the following
educational requirements:
(i) Has a master ' s degree of at least 48 semester
hours or 72 quarter hours from a program in art therapy
approved by the American Art Therapy Association.
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(ii) Has a master ' s degree from an accredited
educational institution with a course of study that the
Art Therapy Credentials Board has determined is
equivalent to an approved program in art therapy for
purposes of meeting the education requirements for
registration as an art therapist.
(iii) Has a doctoral degree in art therapy or a
field determined by the board by regulation to be closely
related to the practice of professional art therapy from
an accredited educational institution.
(4) Holds a current credential as a registered art
therapist and has passed the national board certification
examination of the Art Therapy Credentials Board.
Section 7. Section 10 of the act, amended March 28, 2024
(P.L.11, No.4), is amended to read:
Section 10. Reciprocity.
(a) General rule.--The board shall have the power to grant a
reciprocal license to an applicant who is licensed or certified
as a bachelor social worker, social worker, clinical social
worker, associate marriage and family therapist, marriage and
family therapist, associate professional counselor [or],
professional counselor or professional art therapist in another
state and has demonstrated qualifications which equal or exceed
those required pursuant to this act in the determination of the
board, provided that no license shall be granted under this
section to an applicant unless the state in which the applicant
is licensed affords reciprocal treatment to persons who are
residents of this Commonwealth and who are licensed pursuant to
this act.
(b) Emergencies.--The board shall have the power to allow an
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individual who is licensed or certified as a clinical social
worker, a marriage and family therapist [or], a professional
counselor or a professional art therapist in another state to
practice in this Commonwealth without licensure for no more than
60 days as part of a relief effort related to a state of
emergency as declared by the Federal Government or the Governor.
Section 8. Section 10.1 of the act is amended by adding a
subsection to read:
Section 10.1. Endorsement of out-of-State licenses.
* * *
(d) Professional art therapist license.--The board may issue
a professional art therapist license without examination to an
applicant holding a professional art therapist or equivalent
mental health license in another state who submits proof
satisfactory to the board of all of the following:
(1) The applicant is of good moral character.
(2) The applicant meets the educational requirements as
specified in section 7(h)(3).
(3) The applicant has completed a minimum of 3,000 hours
of supervised clinical experience acceptable to the board.
(4) The applicant holds a license that is in good
standing from another state.
(5) The applicant has, at a minimum, been actively
engaged in the practice of professional art therapy work for
five of the last seven years immediately preceding the filing
of the application for licensure by endorsement with the
board.
(6) The applicant has submitted an application
accompanied by the application fee.
(7) The applicant has not been convicted of a felony
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under The Controlled Substance, Drug, Device and Cosmetic
Act, or of an offense under the laws of another jurisdiction
which if committed in this Commonwealth would be a felony
under The Controlled Substance, Drug, Device and Cosmetic
Act, unless the applicant otherwise satisfies the
qualifications contained in or authorized by this act and:
(i) at least 10 years have elapsed from the date of
conviction; or
(ii) the applicant satisfactorily demonstrates to
the board that the applicant has made significant
progress in personal rehabilitation since the conviction
such that licensure of the applicant should not be
expected to create a substantial risk of harm to the
health and safety of clients or the public or a
substantial risk of further criminal violation,
in which case the board may issue a probationary license
for the remainder of the 10 years required in
subparagraph (i).
As used in this paragraph, the term "convicted" includes a
judgment, an admission of guilt or a plea of nolo contendere.
Section 9. Section 12 of the act, amended March 28, 2024
(P.L.11, No.4), is amended to read:
Section 12. Reinstatement of license.
Unless ordered to do so by Commonwealth Court or an appeal
therefrom, the board shall not reinstate the license of a person
to practice as a bachelor social worker, social worker, clinical
social worker, associate marriage and family therapist, marriage
and family therapist, associate professional counselor [or],
professional counselor or professional art therapist pursuant to
this act, which has been revoked. Any person whose license has
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been revoked may apply for reinstatement, after a period of at
least five years, but must meet all of the licensing
qualifications of this act, including the examination
requirement, if he or she desires to practice as a bachelor
social worker, social worker, clinical social worker, marriage
and family therapist [or], professional counselor or
professional art therapist pursuant to this act at any time
after such revocation.
Section 10. The act is amended by adding a section to read:
Section 16.7. Restriction on use of title " licensed
professional art therapist, " "licensed associate art
therapist" and related titles.
(a) General rule.--Only individuals who have received
licenses as licensed professional art therapists under this act
may engage in the independent practice of professional art
therapy, use the letters " L.P.A.T. " in connection with their
names or represent themselves to the public as licensed
professional art therapists, professional art therapists or art
therapists. It shall be unlawful for an individual to style
oneself as a professional art therapist, advertise or engage in
the independent practice of professional art therapy or use any
words or symbols indicating or tending to indicate that the
individual is a licensed professional art therapist,
professional art therapist or otherwise qualified to practice
professional art therapy without holding a license in good
standing under this act.
(b) Nonapplicability.--Subsection (a) shall not apply to the
following:
(1) A person employed by the Commonwealth in an art
therapist position on the effective date of this subsection,
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during the time of employment by the Commonwealth in that
position who has completed or is in the process of completing
the education requirements to become a licensed professional
art therapist or licensed associate art therapist.
(2) A person who holds a valid license or is certified
or regulated pursuant to another professional licensure law
or State certification of the Commonwealth and who is
credentialed by the Art Therapy Credentials Board as a
certified art therapist.
(3) A person who is practicing professional art therapy
under supervision to meet the supervised clinical experience
requirement to become a licensed professional art therapist
pursuant to this act, if the person does not represent
himself or herself as a licensed professional art therapist
or professional art therapist.
(4) A student enrolled in an art therapy academic
program with an accredited educational institution while
practicing art therapy under qualified supervision and as
part of an approved course of study if the student does not
represent himself or herself as a professional art therapist
or art therapist. A student enrolled in an art therapy
program may identify himself or herself only as an " art
therapy student " or " art therapy intern. "
Section 11. Section 17(b) of the act is amended to read:
Section 17. Penalties.
* * *
(b) Civil penalty.--In addition to any other civil remedy or
criminal penalty provided for in this act, the board, by a vote
of the majority of the maximum number of the authorized
membership of the board as provided by law, or by a vote of the
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majority of the duly qualified and confirmed membership or a
minimum of three members, whichever is greater, may levy a civil
penalty of up to $10,000 on any current licensee who violates
any provision of this act, on any person who engages in the
independent practice of clinical social work, the independent
practice of marriage and family therapy [or], the independent
practice of professional counseling or the independent practice
of professional art therapy without being licensed pursuant to
this act or on any person who holds himself or herself out as a
licensed bachelor social worker, licensed social worker,
licensed clinical social worker, licensed marriage and family
therapist, licensed professional counselor or marriage and
family therapist or licensed professional art therapist or
professional art therapist without being so licensed pursuant to
this act. The board shall levy this penalty only after affording
the accused party the opportunity for a hearing, as provided in
Title 2 of the Pennsylvania Consolidated Statutes (relating to
administrative law and procedure).
* * *
Section 12. Section 18 heading, (a) and (b) of the act,
amended March 28, 2024 (P.L.11, No.4), are amended and the
section is amended by adding a subsection to read:
Section 18. License renewal; records and fees; reinstatement.
[(a) Renewal term.--Renewal of license shall be on a
biennial basis. The board may by regulation require evidence of
professional activity or continuing education as a condition of
license renewal. No credit shall be given for any course in
office management or practice building.]
* * *
(b) Records.--A record of all persons licensed to practice
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as bachelor social workers, social workers, clinical social
workers, associate marriage and family therapists, marriage and
family therapists, associate professional counselors [and],
professional counselors and professional art therapists in
Pennsylvania shall be kept in the office of the board and shall
be open to public inspection and copying upon payment of a
nominal fee for copying the record.
* * *
(d) Reinstatement.--
(1) An individual whose license has been suspended or
revoked may make written application to the board requesting
reinstatement of the license upon termination of the period
of suspension or revocation in a manner prescribed by the
board and such application shall be accompanied by the fee
provided.
(2) An individual whose license has expired may make
written application to the board requesting reinstatement of
the license in a manner prescribed by the board and such
application shall be accompanied by:
(i) A renewal fee established under by the board
and, for an individual whose license has been expired for
one year or less, an additional fee equal to the renewal
fee.
(ii) Evidence satisfactory to the board that the
individual has completed during the previous 24 months
the continuing education requirements for one license
period.
(3) An individual who requests to reinstate a license
that has been expired for longer than one year and who has
not completed the necessary continuing education hours for
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reinstatement may submit an application for a six-month
reinstatement temporary license in a manner prescribed by the
board. The application must be accompanied by a fee
established by the board.
(4) A licensee practicing under a six-month
reinstatement temporary license must complete the continuing
education requirements required for a permanent license prior
to the expiration of the temporary license and notify the
board upon completion. A six-month reinstatement temporary
license may not be extended or renewed.
Section 13. Section 20(a) of the act, amended March 28, 2024
(P.L.11, No.4), is amended to read:
Section 20. Unlawful practice.
(a) Unlawful practice prohibited.--It shall be unlawful for
any person to engage in the independent practice of clinical
social work, the independent practice of marriage and family
therapy [or], the independent practice of professional
counseling or the independent practice of professional art
therapy or hold oneself out as a licensed bachelor social
worker, licensed social worker, licensed clinical social worker,
licensed associate marriage and family therapist, marriage and
family therapist, licensed associate professional counselor
[and], professional counselor and licensed professional art
therapist without possessing a valid, unexpired, unrevoked and
unsuspended license issued under this act.
* * *
Section 14. Within 60 days of the effective date of this
section, the Governor shall nominate two professional members to
serve as the licensed professional art therapist members of the
State Board of Social Workers, Marriage and Family Therapists,
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Professional Counselors and Professional Art Therapists. The
professional members initially appointed pursuant to this
section need not be licensed by the licensure examination
adopted by the State Board of Social Workers, Marriage and
Family Therapists, Professional Counselors and Professional Art
Therapists but, at the time of appointment, must satisfy all
other requirements of this act for licensure as a professional
art therapist.
Section 15. The State Board of Social Workers, Marriage and
Family Therapists, Professional Counselors and Professional Art
Therapists shall promulgate final regulations to carry out the
provisions of this act within 18 months of the effective date of
this section.
Section 16. This act shall take effect as follows:
(1) The amendment or addition of sections 4, 16.5, 17(b)
and 20(a) of the act shall take effect in 24 months.
(2) The remainder of this act shall take effect in 60
days.
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