SB 1292

                                                PRINTER'S NO.     1591
                THE GENERAL ASSEMBLY OF PENNSYLVANIA
                   SENATE BILL
                   No. 1292
                                          Session of
                                            2026
INTRODUCED BY PICOZZI, BROWN, VOGEL, CAPPELLETTI, CULVER, SAVAL,
   MALONE, TARTAGLIONE, COMITTA AND PISCIOTTANO, APRIL 16, 2026
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
   APRIL 16, 2026
                               AN ACT
1 Amending the act of July 9, 1987 (P.L.220, No.39), entitled "An
2    act licensing and regulating the practice of social work;
3    providing penalties; and making an appropriation," further
4    providing for legislative intent, for definitions, for
5    license required, for State Board of Social Workers, Marriage
6    and Family Therapists and Professional Counselors, for powers
7    and functions of board, for qualifications for license, for
8    procedures for licensing, for exemption from licensure
9    examination, for reciprocity, for endorsement of out-of-State
10    licenses and for reinstatement of license; providing for
11    restriction on use of title "licensed professional art
12    therapist," "licensed associate art therapist" and related
13    titles; and further providing for penalties, for license
14    renewal, records and fees and for unlawful practice.
15    The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17    Section 1.    Section 2 of the act of July 9, 1987 (P.L.220,
18 No.39), known as the Social Workers, Marriage and Family
19 Therapists and Professional Counselors Act, is amended to read:
20 Section 2.   Legislative intent.
21    The practice of social work, marriage and family therapy
22 [and], professional counseling and professional art therapy
23 within this Commonwealth is hereby declared to affect the public
1 safety and welfare and to be subject to regulation and control
2 in the public interest to protect the public from
3 unprofessional, improper, unauthorized and unqualified practice
4 of licensed social work, licensed marriage and family therapy
5 [and], licensed professional counseling and licensed
6 professional art therapy. This act regulates only those who hold
7 themselves out as licensed social workers, licensed clinical
8 social workers, licensed marriage and family therapists [or as],
9 licensed professional counselors or as licensed professional art
10 therapists. Acquisition of a license under this act shall not be
11 made a condition of the employment of a person by the
12 Commonwealth or any of its political subdivisions or by
13 nonprofit agencies.
14    Section 2.    The definitions of "board" and "diagnosis" in
15 section 3 of the act are amended and the section is amended by
16 adding definitions to read:
17 Section 3.   Definitions.
18    The following words and phrases when used in this act shall
19 have the meanings given to them in this section unless the
20 context clearly indicates otherwise:
21    "Accredited educational institution."     A university or
22 college approved by the American Art Therapy Association or
23 accredited by the Commission on Accreditation of Allied Health
24 Education Programs.
25    * * *
26    "Art therapy."     The use of a specialized form of
27 psychotherapy:
28(1)   Conducted by a professionally trained art therapist
29    who has met the standards outlined in section 7(h) or (i) and
30    is currently practicing under a qualified art therapy
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1    supervisor.
2(2)   That is an evidence-based clinical practice,
3    including the integration of psychological theories, art
4    therapy theory, art-based assessment models, traditional
5    verbal counseling techniques and the creative process to
6    address and alleviate mental and emotional disorders and
7    psychopathologies, improve cognitive and sensory-motor
8    functions and support wellness through diagnosis, assessment,
9    testing, treatment, evaluation and rehabilitation in a
10    professional relationship.
11    "Art therapy services."   The use of expressive arts media,
12 creative techniques, nonverbal communication, psychotherapy,
13 art-based assessment models and the creative process in a
14 therapeutic relationship between a client and licensed
15 professional art therapist and includes the following services:
16(1)   Evaluation, assessment and diagnosis to define and
17    implement individualized treatment plans to address
18    developmental, rehabilitative, habilitative, medical, mental
19    health, preventive, wellness care or educational needs of the
20    client.
21(2)   Therapeutic interventions to facilitate alternative
22    modes of receptive and expressive communication that can
23    circumvent the limitations of verbal articulation.
24(3)   Use of treatment interventions that include
25    psychotherapy or counseling integrated with art therapy
26    theory, the creative process or art media to facilitate human
27    development and to identify and remediate mental, emotional
28    or behavioral disorders and associated distresses that
29    interfere with daily functioning.
30(4)   Utilizing appropriate knowledge and specialized
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1    training in art therapy theory, art media, the creative
2    process, the neurobiological implications of art-making,
3    psychotherapy and counseling principles and theory and
4    clinical decision-making skills to inform practice and
5    determine the appropriate course of action within the
6    therapist's scope of art therapy practice, tailored to the
7    context of each specific clinical setting.
8    "Board."    The State Board of Social Workers, Marriage and
9 Family Therapists [and], Professional Counselors and
10 Professional Art Therapists under the Bureau of Professional and
11 Occupational Affairs within the Department of State.
12    "Certified art therapist."    An individual holding national
13 board certification from the Art Therapy Credentials Board.
14    * * *
15    "Diagnosis."    The term includes the following:
16(1)     A clinical social work assessment, a marriage and
17    family therapist assessment [or], a professional counselor
18    assessment or a professional art therapy assessment.
19(2)     The utilization of currently accepted diagnostic
20    classifications by a clinical social worker, a marriage and
21    family therapist [or], a professional counselor or a
22    professional art therapist, including, but not limited to,
23    the American Psychiatric Association's Diagnostic and
24    Statistical Manual of Mental Disorders, as amended and
25    supplemented, but only to the extent of the clinical social
26    worker's, marriage and family therapist's [or], professional
27    counselor's or professional art therapist's education,
28    training, experience and scope of practice as established by
29    this act.
30    "Face-to-face meeting."    A meeting that is live, interactive
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1 and visual. The term includes a video meeting if the meeting is
2 synchronous and involves verbal and visual interaction.
3    * * *
4    "Independent practice of professional art therapy."    The
5 application of professional art therapy knowledge and skills by
6 an individual:
7(1)   who styles oneself as a professional art therapist;
8(2)   who is not under supervision and regulates and is
9    responsible for the individual's own practice and treatment
10    procedures; and
11(3)   whose practice is not affiliated with any other
12    practice, health care facility, government agency or
13    government-regulated social service agency.
14    * * *
15    "Licensed associate art therapist."   An individual who has
16 met the application requirement outlined in section 7(i) and has
17 been issued a license to practice art therapy under an approved
18 qualified art therapy supervisor in accordance with rules of the
19 board. An individual holding a licensed associate art therapist
20 license is not authorized to practice autonomously and are
21 solely permitted to deliver art therapy services so long as the
22 individual continues to meet the supervision requirements
23 outlined in section 7(i)(4), (5) and (6).
24    * * *
25    "Licensed professional art therapist."   An individual who has
26 met the application requirements outlined in section 7(h) and
27 has been issued a license for the independent practice of
28 clinical art therapy in accordance with rules of the board. An
29 individual who engages in the practice of professional art
30 therapy and who holds a current license under this act.
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1    * * *
2    "Practice of professional art therapy."    The integrative
3 application of psychotherapeutic principles and methods with
4 specialized training in strategic use of art media, the
5 neurobiological implications of art making and art-based
6 assessment models and includes the following:
7(1)   The evaluation, assessment, diagnosis and treatment
8    of normal and abnormal cognitive, developmental, behavioral
9    and emotional disorders in individuals, families and groups.
10(2)   Strategic application of therapeutic art
11    interventions in the context of applied psychological theory
12    in a psychotherapeutic relationship.
13(3)   Facilitation of visual, nonverbal and verbal
14    receptive and expressive communication and implementation of
15    treatment plans to help clients improve cognitive and sensory
16    motor functions, increase self-awareness and self-esteem,
17    cope with traumatic experience and grief, reduce symptoms of
18    depression, anger and distress and improve educational
19    performance, vocational performance and social functioning.
20    * * *
21    "Professional art therapy assessment."    The professional
22 application of psychotherapeutic and art therapy theories and
23 techniques to evaluate, identify and establish plans for
24 treatment of individuals, families and groups with emotional,
25 mental, addiction and behavioral disorders. The term includes a
26 mental health examination and psychological history.
27    * * *
28    "Qualified art therapy supervisor."    An individual who:
29(1)   is licensed by the Commonwealth as a licensed
30    professional art therapist; or
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1(2)   is a licensed professional counselor, licensed
2    clinical mental health counselor, licensed clinical social
3    worker, licensed clinical psychologist, licensed marriage and
4    family therapist or licensed psychiatrist and holds an active
5    certification as a registered art therapist with board
6    certification or art therapy credentialed supervisor.
7    * * *
8    "Supervised experience."   The regular oversight of the
9 functions and activities of a graduate art therapy student
10 either as part of an internship or practicum experience or the
11 practice of art therapy to fulfill the requirements to be
12 licensed under this act by a qualified art therapy supervisor.
13    "Supervision."   A formalized professional relationship
14 between a qualified art therapy supervisor and supervisee in
15 which the qualified art therapy supervisor directs, guides,
16 monitors, instructs and evaluates the supervisee's professional
17 art therapy practice while promoting the development of the
18 supervisee's knowledge, skills and abilities to provide
19 professional art therapy services in an ethical and competent
20 manner and includes the following:
21(1)   An acceptance of direct responsibility for the
22    client services rendered by the supervisee via face-to-face
23    meetings with the supervisee.
24(2)   The qualified art therapy experience is under the
25    order, control and full professional responsibility of a
26    qualified art therapy supervisor who reviews aspects of art
27    therapy practice and case management in a face-to-face
28    meeting with the supervisee.
29(3)   The qualified art therapy supervisor ensures that
30    the extent, kind and quality of art therapy performed is
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1    consistent with the education, training and experience of the
2    supervisee.
3(4)   Reviewing client or patient records, monitoring and
4    evaluating assessment, diagnosis and treatment decisions of
5    the art therapist supervisee.
6(5)   Ensuring compliance with laws and regulations
7    governing the practice of professional art therapy and
8    licensed associate art therapy.
9    Section 3.     Sections 4, 5 heading, (a), (k) and (l) and 6(2)
10 and (3) of the act, amended March 28, 2024 (P.L.11, No.4), are
11 amended to read:
12 Section 4.     License required.
13    It shall be unlawful for any person to hold oneself forth as
14 a licensed bachelor social worker, licensed social worker,
15 licensed clinical social worker, licensed associate marriage and
16 family therapist, licensed marriage and family therapist,
17 licensed associate professional counselor [or], licensed
18 professional counselor or licensed professional art therapist
19 unless he or she shall first have obtained a license pursuant to
20 this act.
21 Section 5.     State Board of Social Workers, Marriage and Family
22Therapists [and], Professional Counselors and
23Professional Art Therapists.
24    (a)   Creation.--There is hereby created the State Board of
25 Social Workers, Marriage and Family Therapists [and],
26 Professional Counselors and Professional Art Therapists, a
27 departmental administrative board in the Department of State.
28 The board shall consist of [13] 15 members who are citizens of
29 the United States and who have been residents of this
30 Commonwealth for a two-year period, two of whom shall be public
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1 members; five of whom shall be licensed social workers, at least
2 one of whom shall be a licensed clinical social worker and at
3 least one of whom shall be a licensed social worker; two of whom
4 shall be licensed marriage and family therapists; two of whom
5 shall be licensed professional counselors; one of whom shall be
6 either a licensed marriage and family therapist or a licensed
7 professional counselor whose membership shall rotate between
8 those professions at the expiration of the member's second term;
9 two of whom shall be licensed professional art therapists; and
10 one of whom shall be the Commissioner of Professional and
11 Occupational Affairs.
12    * * *
13    (k)   Notice.--Reasonable notice of all meetings shall be
14 given in conformity with [the act of July 3, 1986 (P.L.388,
15 No.84), known as the Sunshine Act] 65 Pa.C.S. Ch. 7 (relating to
16 open meetings).
17    (l)   Operating procedures.--The board shall meet within 30
18 days after the appointment of its new members and set up
19 operating procedures and develop application forms for licensing
20 clinical social workers, associate marriage and family
21 therapists, marriage and family therapists, associate
22 professional counselors and professional counselors and
23 professional art therapists. It shall be the responsibility of
24 the board to circulate these forms and educate the public to the
25 requirements of licensing in order to hold oneself out as a
26 licensed bachelor social worker, licensed social worker,
27 licensed associate marriage and family therapist, licensed
28 clinical social worker, licensed marriage and family therapist,
29 licensed associate professional counselor or licensed
30 professional counselor within the Commonwealth.
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1 Section 6.     Powers and functions of board.
2    The board shall have the following powers:
3* * *
4(2)   To adopt and, from time to time, revise such rules
5    and regulations as may be necessary to carry into effect the
6    provisions of this act. Such regulations may include, but
7    shall not be limited to, standards of professional practice
8    and conduct for licensed bachelor social workers, licensed
9    social workers, licensed clinical social workers, licensed
10    associate marriage and family therapists, licensed marriage
11    and family therapists, licensed associate professional
12    counselors [and] licensed professional counselors,
13    professional art therapists and licensed associate art
14    therapists in Pennsylvania.
15(3)   To examine for, deny, approve, issue, revoke,
16    suspend or renew licenses of bachelor social workers, social
17    workers, clinical social workers, associate marriage and
18    family therapists, marriage and family therapists, associate
19    professional counselors [and], professional counselors,
20    professional art therapists and licensed associate art
21    therapists pursuant to this act and to conduct hearings in
22    connection therewith.
23* * *
24    Section 4.     Section 7 of the act is amended by adding
25 subsections to read:
26 Section 7.     Qualifications for license.
27    * * *
28    (h)   Professional art therapist license.--An applicant shall
29 be qualified for a license to hold oneself out as a licensed
30 professional art therapist if the applicant submits proof
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1 satisfactory to the board that all of the following apply:
2(1)   The applicant is at least 21 years of age.
3(2)   The applicant is of good moral character. In
4    assessing the moral character of an applicant with a criminal
5    conviction, the board shall conduct an individualized
6    assessment in accordance with 63 Pa.C.S. § 3113 (relating to
7    consideration of criminal convictions).
8(3)   The applicant has successfully met one of the
9    following educational requirements:
10(i)    Holds a master's degree with a minimum of 60
11semester hours or 90 quarter hours of graduate coursework
12in art therapy from a program that is approved by the
13American Art Therapy Association or accredited by the
14Commission on Accreditation of Allied Health Education
15Programs at the time the degree was conferred.
16(ii)    Has successfully completed a master's degree
17with a minimum of 60 semester hours or 90 quarter hours
18of graduate coursework in art therapy or a field
19determined by the board by regulation to be closely
20related to the practice of professional art therapy and
21has successfully completed a minimum of 30 graduate
22credit hours in the following subject areas: theory and
23practice of art therapy, art therapy media and
24techniques, history of art therapy, human growth and
25developmental dynamics in art, application of art therapy
26with people in different treatment settings, art therapy
27appraisal, diagnosis and assessment, group art therapy,
28ethical and legal issues of art therapy practice, matters
29of cultural and social diversity bearing on the practice
30of art therapy and standards of good art therapy practice
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1      and completed at least 700 hours of supervised internship
2      experience.
3(iii)    Holds a doctoral degree in art therapy from an
4      accredited educational institution or holds a doctoral
5      degree in a field determined by the board by regulation
6      to be closely related to the practice of professional art
7      therapy from an accredited educational institution.
8      (4)   The applicant has complied with the experience
9  requirements as follows:
10(i)    An individual meeting the educational
11      requirements of paragraph (3)(i) or (ii) must have
12      completed at least 3,000 hours of supervised clinical
13      experience, acceptable to the board as determined by
14      regulation, which was obtained subsequent to granting of
15      the master's degree in a period of not less than two
16      years. Of these 3,000 total hours, at least 50% must be
17      in direct contact with clients with demonstrated
18      experience in diagnosing or treating mental, emotional,
19      behavioral and addiction disorders.
20(ii)    An individual meeting the educational
21      requirements of paragraph (3)(iii) must have completed at
22      least 2,400 hours of supervised clinical experience,
23      acceptable to the board as determined by regulation,
24      1,200 hours of which was obtained subsequent to the
25      granting of the doctoral degree.
26      (5)   The applicant's postgraduate experience is completed
27  under supervision by a licensed professional art therapist, a
28  certified art therapist or any other licensed mental health
29  professional acceptable to the board as determined by
30  regulation.
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1(6)   The application has been accompanied by the
2    application fee.
3(7)   The applicant demonstrates professional competency
4    by satisfactorily completing the Art Therapy Credentials
5    Board Examination, or a substantially equivalent exam
6    approved by the board.
7(8)   The applicant has not been convicted of a felony
8    under The Controlled Substance, Drug, Device and Cosmetic
9    Act, or of an offense under the laws of another jurisdiction
10    which if committed in this Commonwealth would be a felony
11    under The Controlled Substance, Drug, Device and Cosmetic
12    Act, unless the applicant otherwise satisfies the
13    qualifications contained in or authorized by this act and:
14(i)    at least 10 years have elapsed from the date of
15conviction; or
16(ii)   the applicant satisfactorily demonstrates to
17the board that the applicant has made significant
18progress in personal rehabilitation since the conviction
19such that licensure of the applicant should not be
20expected to create a substantial risk of harm to the
21health and safety of clients or the public or a
22substantial risk of further criminal violation,
23in which case the board may issue a probationary license
24for the remainder of the 10 years required in
25subparagraph (i).
26    As used in this paragraph, the term "convicted" includes a
27    judgment, an admission of guilt or a plea of nolo contendere.
28    (h.1)   Authorization for licensed professional art
29 therapists.--A licensed professional art therapist may engage in
30 the independent practice of art therapy and is authorized to
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1 diagnose and treat mental disorders specified in the most recent
2 edition of the Diagnostic and Statistical Manual of mental
3 disorders of the American Psychiatric Association designated by
4 the board by rules and regulations.
5    (h.2)    Professional art therapist license.--
6(1)    An applicant who meets the requirements for
7    licensure pursuant to this act, has paid the required fee and
8    has otherwise complied with the provisions of the
9    professional art therapist license shall be licensed by the
10    board.
11(2)    A professional art therapist license shall be valid
12    for two years and must be renewed prior to expiration unless
13    revoked prior to that time.
14(3)    A license may be renewed upon application and
15    payment of the renewal fee. The application for renewal shall
16    be accompanied by evidence satisfactory to the board that the
17    applicant has completed during the previous 24 months the
18    continuing education required by rules and regulations of the
19    board, including not less than three hours in ethics, two
20    hours of child abuse recognition and reporting and one hour
21    in suicide prevention every two years.
22(4)    A licensee who is unable to complete the required
23    continuing education hours for renewal may request additional
24    time to complete any remaining continuing education hours.
25    The request must be made to the board not later than 30
26    calendar days prior to the expiration of the license and
27    include:
28(i)   the licensee's reason for requesting additional
29time, showing extenuating circumstances for why the hours
30could not be completed during the license period; and
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1(ii)    a plan outlining the manner in which the
2licensee intends to complete the remaining continuing
3education hours.
4(5)   The board may grant a licensee up to three
5    additional months beyond the license expiration date to
6    complete the required continuing education hours.
7(6)   A licensee who receives additional time to complete
8    continuing education hours under this subsection shall:
9(i)    renew the license prior to the license
10expiration date and report to the board the number of
11continuing education hours completed on such date;
12(ii)    notify the board upon completing the remaining
13continuing education hours; and
14(iii)    be subject to an audit by the board of the
15total number of continuing education hours completed for
16the applicable license period.
17(7)   Continuing education hours completed during
18    additional time granted under this subsection shall be
19    credited only toward the requirements for the license period
20    for which additional time is granted.
21    (i)   Licensed associate art therapist.--The board shall issue
22 an associate art therapist license to an applicant if the
23 applicant has completed and submitted an application form in the
24 manner as prescribed, accompanied by applicable fees, and
25 provides evidence satisfactory to the board that the applicant
26 has fulfilled the following requirements:
27(1)   Is at least 21 years of age.
28(2)   Is of good moral character. In determining moral
29    character under this paragraph, the board may take into
30    consideration whether the applicant has engaged in conduct or
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1  activities which would constitute grounds for discipline
2  under this act. In assessing the moral character of an
3  applicant with a criminal conviction, the board shall conduct
4  an individualized assessments in accordance with 63 Pa.C.S. §
5  3113.
6(3)   Has completed the educational and practicum or
7  internship requirements for licensure as an associate art
8  therapist in this Commonwealth as outlined in section 7(h)
9  (2), (3) and (4).
10(4)   Has submitted one letter of recommendation from a
11  qualified supervisor who has provided direct clinical
12  supervision of the applicant's graduate program clinical
13  training, practicum or internship attesting to the
14  applicant's integrity, competence and moral character and
15  completed a postgraduate supervised training plan on forms
16  prescribed by the board describing services to be provided,
17  place of employment, individuals responsible for clinical
18  supervision and a statement acknowledging the license
19  regulations and requirements. Supervision of art therapy
20  students shall be provided by a qualified art therapy
21  supervisor. No licensed associate art therapist shall
22  practice art therapy without supervision by a licensed
23  professional art therapist or a supervisor otherwise
24  acceptable to the board. The plan for supervision of the
25  licensed associate art therapist shall be approved in writing
26  by the committee prior to any actual performance of art
27  therapy by the licensed associate art therapist.
28  (j)   Licenses for associate art therapists.--
29(1)   A license issued under this section is valid for a
30  period of five years so long as the individual holding the
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1    license provides evidence annually, through a form prescribed
2    by the board, that the individual is receiving not less than
3    one hour of direct face-to-face contact with a qualified art
4    therapy supervisor per 10 hours of face-to-face practice with
5    clients, including no less than two hours of supervision per
6    month, through group or individual supervision.
7(2)   At the end of the five-year period, a licensed
8    associate art therapist who has not met the requirements for
9    licensure as a professional art therapist may submit an
10    application for extension of licensure as an associate art
11    therapist to the board. The application must include:
12(i)    a plan for completing the requirements to obtain
13licensure as a licensed professional art therapist;
14(ii)    documentation of compliance with the continuing
15education requirements;
16(iii)    documentation of compliance with requirements
17related to supervision; and
18(iv)    letters of recommendation from at least one
19qualified art therapy supervisor providing supervision to
20the applicant.
21(3)   An extension of a license as an associate art
22    therapist under this subsection is valid for a period of two
23    years and is not renewable.
24    Section 5.        Section 8(b) of the act, amended March 28, 2024
25 (P.L.11, No.4), is amended to read:
26 Section 8.     Procedures for licensing.
27    * * *
28    (b)   Issuance of license.--The board shall issue to each
29 person who meets the licensure requirements of this act a
30 certificate setting forth that such person is licensed to hold
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1 oneself out as a licensed bachelor social worker, a licensed
2 social worker, a licensed clinical social worker, a licensed
3 associate marriage and family therapist, a licensed marriage and
4 family therapist, a licensed associate professional counselor
5 [or], a licensed professional counselor or a licensed
6 professional art therapist.
7    Section 6.        Section 9 of the act is amended by adding a
8 subsection to read:
9 Section 9.     Exemption from licensure examination.
10    * * *
11    (d)   Professional art therapists.--The requirements of
12 section 7(h)(7) shall not apply and a license shall be issued
13 without examination to an applicant who meets all of the
14 following requirements:
15(1)   Has submitted an application for a professional art
16    therapist license, accompanied by the required fee, within
17    two years after the effective date of this paragraph.
18(2)   Can demonstrate proof of practice of professional
19    art therapy for at least five years prior to the date of
20    application for license.
21(3)   Has successfully met one of the following
22    educational requirements:
23(i)    Has a master's degree of at least 48 semester
24hours or 72 quarter hours from a program in art therapy
25approved by the American Art Therapy Association.
26(ii)    Has a master's degree from an accredited
27educational institution with a course of study that the
28Art Therapy Credentials Board has determined is
29equivalent to an approved program in art therapy for
30purposes of meeting the education requirements for
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1registration as an art therapist.
2(iii)   Has a doctoral degree in art therapy or a
3field determined by the board by regulation to be closely
4related to the practice of professional art therapy from
5an accredited educational institution.
6(4)   Holds a current credential as a registered art
7    therapist and has passed the national board certification
8    examination of the Art Therapy Credentials Board.
9    Section 7.     Section 10 of the act, amended March 28, 2024
10 (P.L.11, No.4), is amended to read:
11 Section 10.     Reciprocity.
12    (a)   General rule.--The board shall have the power to grant a
13 reciprocal license to an applicant who is licensed or certified
14 as a bachelor social worker, social worker, clinical social
15 worker, associate marriage and family therapist, marriage and
16 family therapist, associate professional counselor [or],
17 professional counselor or professional art therapist in another
18 state and has demonstrated qualifications which equal or exceed
19 those required pursuant to this act in the determination of the
20 board, provided that no license shall be granted under this
21 section to an applicant unless the state in which the applicant
22 is licensed affords reciprocal treatment to persons who are
23 residents of this Commonwealth and who are licensed pursuant to
24 this act.
25    (b)   Emergencies.--The board shall have the power to allow an
26 individual who is licensed or certified as a clinical social
27 worker, a marriage and family therapist [or], a professional
28 counselor or a professional art therapist in another state to
29 practice in this Commonwealth without licensure for no more than
30 60 days as part of a relief effort related to a state of
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1 emergency as declared by the Federal Government or the Governor.
2    Section 8.    Section 10.1 of the act is amended by adding a
3 subsection to read:
4 Section 10.1.    Endorsement of out-of-State licenses.
5    * * *
6    (d)   Professional art therapist license.--The board may issue
7 a professional art therapist license without examination to an
8 applicant holding a professional art therapist or equivalent
9 mental health license in another state who submits proof
10 satisfactory to the board of all of the following:
11(1)   The applicant is of good moral character.
12(2)   The applicant meets the educational requirements as
13    specified in section 7(h)(3).
14(3)   The applicant has completed a minimum of 3,000 hours
15    of supervised clinical experience acceptable to the board.
16(4)   The applicant holds a license that is in good
17    standing from another state.
18(5)   The applicant has, at a minimum, been actively
19    engaged in the practice of professional art therapy work for
20    five of the last seven years immediately preceding the filing
21    of the application for licensure by endorsement with the
22    board.
23(6)   The applicant has submitted an application
24    accompanied by the application fee.
25(7)   The applicant has not been convicted of a felony
26    under The Controlled Substance, Drug, Device and Cosmetic
27    Act, or of an offense under the laws of another jurisdiction
28    which if committed in this Commonwealth would be a felony
29    under The Controlled Substance, Drug, Device and Cosmetic
30    Act, unless the applicant otherwise satisfies the
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1    qualifications contained in or authorized by this act and:
2(i)    at least 10 years have elapsed from the date of
3conviction; or
4(ii)    the applicant satisfactorily demonstrates to
5the board that the applicant has made significant
6progress in personal rehabilitation since the conviction
7such that licensure of the applicant should not be
8expected to create a substantial risk of harm to the
9health and safety of clients or the public or a
10substantial risk of further criminal violation,
11in which case the board may issue a probationary license
12for the remainder of the 10 years required in
13subparagraph (i).
14    As used in this paragraph, the term "convicted" includes a
15    judgment, an admission of guilt or a plea of nolo contendere.
16    Section 9.       Section 12 of the act, amended March 28, 2024
17 (P.L.11, No.4), is amended to read:
18 Section 12.    Reinstatement of license.
19    Unless ordered to do so by Commonwealth Court or an appeal
20 therefrom, the board shall not reinstate the license of a person
21 to practice as a bachelor social worker, social worker, clinical
22 social worker, associate marriage and family therapist, marriage
23 and family therapist, associate professional counselor [or],
24 professional counselor or professional art therapist pursuant to
25 this act, which has been revoked. Any person whose license has
26 been revoked may apply for reinstatement, after a period of at
27 least five years, but must meet all of the licensing
28 qualifications of this act, including the examination
29 requirement, if he or she desires to practice as a bachelor
30 social worker, social worker, clinical social worker, marriage
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1 and family therapist [or], professional counselor or
2 professional art therapist pursuant to this act at any time
3 after such revocation.
4    Section 10.     The act is amended by adding a section to read:
5 Section 16.7.     Restriction on use of title "licensed
6professional art therapist," "licensed associate art
7therapist" and related titles.
8    (a)   General rule.--Only individuals who have received
9 licenses as licensed professional art therapists under this act
10 may engage in the independent practice of professional art
11 therapy, use the letters "L.P.A.T." in connection with their
12 names or represent themselves to the public as licensed
13 professional art therapists, professional art therapists or art
14 therapists. It shall be unlawful for an individual to style
15 oneself as a professional art therapist, advertise or engage in
16 the independent practice of professional art therapy or use any
17 words or symbols indicating or tending to indicate that the
18 individual is a licensed professional art therapist,
19 professional art therapist or otherwise qualified to practice
20 professional art therapy without holding a license in good
21 standing under this act.
22    (b)   Nonapplicability.--Subsection (a) shall not apply to the
23 following:
24(1)   A person employed by the Commonwealth in an art
25    therapist position on the effective date of this subsection,
26    during the time of employment by the Commonwealth in that
27    position who has completed or is in the process of completing
28    the education requirements to become a licensed professional
29    art therapist or licensed associate art therapist.
30(2)   A person who holds a valid license or is certified
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1    or regulated pursuant to another professional licensure law
2    or State certification of the Commonwealth and who is
3    credentialed by the Art Therapy Credentials Board as a
4    certified art therapist.
5(3)   A person who is practicing professional art therapy
6    under supervision to meet the supervised clinical experience
7    requirement to become a licensed professional art therapist
8    pursuant to this act, if the person does not represent
9    himself or herself as a licensed professional art therapist
10    or professional art therapist.
11(4)   A student enrolled in an art therapy academic
12    program with an accredited educational institution while
13    practicing art therapy under qualified supervision and as
14    part of an approved course of study if the student does not
15    represent himself or herself as a professional art therapist
16    or art therapist. A student enrolled in an art therapy
17    program may identify himself or herself only as an "art
18    therapy student" or "art therapy intern."
19    Section 11.    Section 17(b) of the act is amended to read:
20 Section 17.    Penalties.
21    * * *
22    (b)   Civil penalty.--In addition to any other civil remedy or
23 criminal penalty provided for in this act, the board, by a vote
24 of the majority of the maximum number of the authorized
25 membership of the board as provided by law, or by a vote of the
26 majority of the duly qualified and confirmed membership or a
27 minimum of three members, whichever is greater, may levy a civil
28 penalty of up to $10,000 on any current licensee who violates
29 any provision of this act, on any person who engages in the
30 independent practice of clinical social work, the independent
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1 practice of marriage and family therapy [or], the independent
2 practice of professional counseling or the independent practice
3 of professional art therapy without being licensed pursuant to
4 this act or on any person who holds himself or herself out as a
5 licensed bachelor social worker, licensed social worker,
6 licensed clinical social worker, licensed marriage and family
7 therapist, licensed professional counselor or marriage and
8 family therapist or licensed professional art therapist or
9 professional art therapist without being so licensed pursuant to
10 this act. The board shall levy this penalty only after affording
11 the accused party the opportunity for a hearing, as provided in
12 Title 2 of the Pennsylvania Consolidated Statutes (relating to
13 administrative law and procedure).
14    * * *
15    Section 12.     Section 18 heading, (a) and (b) of the act,
16 amended March 28, 2024 (P.L.11, No.4), are amended and the
17 section is amended by adding a subsection to read:
18 Section 18.     License renewal; records and fees; reinstatement.
19    [(a)    Renewal term.--Renewal of license shall be on a
20 biennial basis. The board may by regulation require evidence of
21 professional activity or continuing education as a condition of
22 license renewal. No credit shall be given for any course in
23 office management or practice building.]
24    (a)    Renewal term.--Notwithstanding section 7:
25(1)   Renewal of license shall be on a biennial basis.
26(2)   The board may by regulation require evidence of
27    professional activity or continuing education as a condition
28    of license renewal.
29(3)   No credit shall be given for any course in office
30    management or practice building.
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1    (b)   Records.--A record of all persons licensed to practice
2 as bachelor social workers, social workers, clinical social
3 workers, associate marriage and family therapists, marriage and
4 family therapists, associate professional counselors [and],
5 professional counselors and professional art therapists in
6 Pennsylvania shall be kept in the office of the board and shall
7 be open to public inspection and copying upon payment of a
8 nominal fee for copying the record.
9    * * *
10    (d)   Reinstatement.--
11(1)    An individual whose license has been suspended or
12    revoked may make written application to the board requesting
13    reinstatement of the license upon termination of the period
14    of suspension or revocation in a manner prescribed by the
15    board and such application shall be accompanied by the fee
16    provided.
17(2)    An individual whose license has expired may make
18    written application to the board requesting reinstatement of
19    the license in a manner prescribed by the board and such
20    application shall be accompanied by:
21(i)    A renewal fee established under by the board
22and, for an individual whose license has been expired for
23one year or less, an additional fee equal to the renewal
24fee.
25(ii)    Evidence satisfactory to the board that the
26individual has completed during the previous 24 months
27the continuing education requirements for one license
28period.
29(3)    An individual who requests to reinstate a license
30    that has been expired for longer than one year and who has
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1    not completed the necessary continuing education hours for
2    reinstatement may submit an application for a six-month
3    reinstatement temporary license in a manner prescribed by the
4    board. The application must be accompanied by a fee
5    established by the board.
6(4)   A licensee practicing under a six-month
7    reinstatement temporary license must complete the continuing
8    education requirements required for a permanent license prior
9    to the expiration of the temporary license and notify the
10    board upon completion. A six-month reinstatement temporary
11    license may not be extended or renewed.
12    Section 13.    Section 20(a) of the act, amended March 28, 2024
13 (P.L.11, No.4), is amended to read:
14 Section 20.    Unlawful practice.
15    (a)   Unlawful practice prohibited.--It shall be unlawful for
16 any person to engage in the independent practice of clinical
17 social work, the independent practice of marriage and family
18 therapy [or], the independent practice of professional
19 counseling or the independent practice of professional art
20 therapy or hold oneself out as a licensed bachelor social
21 worker, licensed social worker, licensed clinical social worker,
22 licensed associate marriage and family therapist, marriage and
23 family therapist, licensed associate professional counselor
24 [and], professional counselor and licensed professional art
25 therapist without possessing a valid, unexpired, unrevoked and
26 unsuspended license issued under this act.
27    * * *
28    Section 14.    Within 60 days of the effective date of this
29 section, the Governor shall nominate two professional members to
30 serve as the licensed professional art therapist members of the
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1 State Board of Social Workers, Marriage and Family Therapists,
2 Professional Counselors and Professional Art Therapists. The
3 professional members initially appointed pursuant to this
4 section need not be licensed by the licensure examination
5 adopted by the State Board of Social Workers, Marriage and
6 Family Therapists, Professional Counselors and Professional Art
7 Therapists but, at the time of appointment, must satisfy all
8 other requirements of this act for licensure as a professional
9 art therapist.
10    Section 15.   The State Board of Social Workers, Marriage and
11 Family Therapists, Professional Counselors and Professional Art
12 Therapists shall promulgate final regulations to carry out the
13 provisions of this act within 18 months of the effective date of
14 this section.
15    Section 16.   This act shall take effect as follows:
16(1)   The amendment or addition of sections 4, 16.7, 17(b)
17    and 20(a) of the act shall take effect in 24 months.
18(2)   The remainder of this act shall take effect in 60
19    days.
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