HB 1733 — An Act amending the act of July 9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 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.

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
 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" and related titles; and further providing for
13      penalties, for license renewal, records and fees and for
14      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      "Independent practice of professional art therapy."    The
 4   application of professional art therapy knowledge and skills by
 5   an individual:
 6          (1)   who styles oneself as a professional art therapist;
 7          (2)   who is not under supervision and regulates and is
 8      responsible for the individual's own practice and treatment
 9      procedures; and
10          (3)   whose practice is not affiliated with any other
11      practice, health care facility, government agency or
12      government-regulated social service agency.
13      "Licensed associate art therapist."   An individual who has
14   met the application requirement outlined in section 7(i) and has
15   been issued a license to practice art therapy under an approved
16   qualified art therapy supervisor in accordance with rules of the
17   board. An individual holding a licensed associate art therapist
18   license is not authorized to practice autonomously and are
19   solely permitted to deliver art therapy services so long as the
20   individual continues to meet the supervision requirements
21   outlined in section 7(i)(4), (5) and (6).
22      * * *
23      "Licensed professional art therapist."    An individual who has
24   met the application requirements outlined in section 7(h) and
25   has been issued a license for the independent practice of
26   clinical art therapy in accordance with rules of the board. An
27   individual who engages in the practice of professional art
28   therapy and who holds a current license under this act.
29      * * *
30      "Practice of professional art therapy."   The integrative

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 1   application of psychotherapeutic principles and methods with
 2   specialized training in strategic use of art media, the
 3   neurobiological implications of art making and art-based
 4   assessment models while under the supervision of a licensed
 5   professional art therapist supervisor acceptable to the board in
 6   accordance with the board's regulations. The term includes the
 7   following:
 8          (1)   The evaluation, assessment, diagnosis and treatment
 9      of normal and abnormal cognitive, developmental, behavioral
10      and emotional disorders in individuals, families and groups.
11          (2)   Strategic application of therapeutic art
12      interventions in the context of applied psychological theory
13      in a psychotherapeutic relationship.
14          (3)   Facilitation of visual, nonverbal and verbal
15      receptive and expressive communication and implementation of
16      treatment plans to help clients improve cognitive and sensory
17      motor functions, increase self-awareness and self-esteem,
18      cope with traumatic experience and grief, reduce symptoms of
19      depression, anger and distress and improve educational
20      performance, vocational performance and social functioning.
21      * * *
22      "Practice of professional art therapy."   The integrative
23   application of psychotherapeutic principles and methods with
24   specialized training in strategic use of art media, the
25   neurobiological implications of art making and art-based
26   assessment models and includes the following:
27          (1)   The evaluation, assessment, diagnosis and treatment
28      of normal and abnormal cognitive, developmental, behavioral
29      and emotional disorders in individuals, families and groups.
30          (2)   Strategic application of therapeutic art

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 1      interventions in the context of applied psychological theory
 2      in a psychotherapeutic relationship.
 3          (3)   Facilitation of visual, nonverbal and verbal
 4      receptive and expressive communication and implementation of
 5      treatment plans to help clients improve cognitive and sensory
 6      motor functions, increase self-awareness and self-esteem,
 7      cope with traumatic experience and grief, reduce symptoms of
 8      depression, anger and distress and improve educational
 9      performance, vocational performance and social functioning.
10      * * *
11      "Professional art therapy assessment."    The professional
12   application of psychotherapeutic and art therapy theories and
13   techniques to evaluate, identify and establish plans for
14   treatment of individuals, families and groups with emotional,
15   mental, addiction and behavioral disorders. The term includes a
16   mental health examination and psychological history.
17      * * *
18      "Qualified art therapy supervisor."    An individual who:
19          (1)   is licensed by the Commonwealth as a licensed
20      professional art therapist; or
21          (2)   is a licensed professional counselor, licensed
22      clinical mental health counselor, licensed clinical social
23      worker, licensed clinical psychologist, licensed marriage and
24      family therapist or licensed psychiatrist and holds an active
25      certification as a registered art therapist with board
26      certification or art therapy credentialed supervisor.
27      * * *
28      "Supervised experience."   The regular oversight of the
29   functions and activities of a graduate art therapy student
30   either as part of an internship or practicum experience or the

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 1   practice of art therapy to fulfill the requirements to be
 2   licensed under this act by a qualified art therapy supervisor.
 3      "Supervision."   A formalized professional relationship
 4   between a qualified art therapy supervisor and supervisee in
 5   which the qualified art therapy supervisor directs, guides,
 6   monitors, instructs and evaluates the supervisee's professional
 7   art therapy practice while promoting the development of the
 8   supervisee's knowledge, skills and abilities to provide
 9   professional art therapy services in an ethical and competent
10   manner and includes the following:
11          (1)   An acceptance of direct responsibility for the
12      client services rendered by the supervisee via face-to-face
13      meetings with the supervisee.
14          (2)   The qualified art therapy experience is under the
15      order, control and full professional responsibility of a
16      qualified art therapy supervisor who reviews aspects of art
17      therapy practice and case management in a face-to-face
18      meeting with the supervisee.
19          (3)   The qualified art therapy supervisor ensures that
20      the extent, kind and quality of art therapy performed is
21      consistent with the education, training and experience of the
22      supervisee.
23          (4)   Reviewing client or patient records, monitoring and
24      evaluating assessment, diagnosis and treatment decisions of
25      the art therapist supervisee.
26          (5)   Ensuring compliance with laws and regulations
27      governing the practice of professional art therapy and
28      licensed associate art therapy.
29      Section 3.    Sections 4, 5 heading, (a), (k) and (l) and 6(2)
30   and (3) of the act, amended March 28, 2024 (P.L.11, No.4), are

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 1   amended to read:
 2   Section 4.   License required.
 3      It shall be unlawful for any person to hold oneself forth as
 4   a licensed bachelor social worker, licensed social worker,
 5   licensed clinical social worker, licensed associate marriage and
 6   family therapist, licensed marriage and family therapist,
 7   licensed associate professional counselor [or], licensed
 8   professional counselor or licensed professional art therapist
 9   unless he or she shall first have obtained a license pursuant to
10   this act.
11   Section 5.   State Board of Social Workers, Marriage and Family
12                   Therapists [and], Professional Counselors and
13                   Professional Art Therapists.
14      (a)   Creation.--There is hereby created the State Board of
15   Social Workers, Marriage and Family Therapists [and],
16   Professional Counselors and Professional Art Therapists, a
17   departmental administrative board in the Department of State.
18   The board shall consist of [13] 15 members who are citizens of
19   the United States and who have been residents of this
20   Commonwealth for a two-year period, two of whom shall be public
21   members; five of whom shall be licensed social workers, at least
22   one of whom shall be a licensed clinical social worker and at
23   least one of whom shall be a licensed social worker; two of whom
24   shall be licensed marriage and family therapists; two of whom
25   shall be licensed professional counselors; one of whom shall be
26   either a licensed marriage and family therapist or a licensed
27   professional counselor whose membership shall rotate between
28   those professions at the expiration of the member's second term;
29   two of whom shall be licensed professional art therapists; and
30   one of whom shall be the Commissioner of Professional and

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 1   Occupational Affairs.
 2      * * *
 3      (k)   Notice.--Reasonable notice of all meetings shall be
 4   given in conformity with [the act of July 3, 1986 (P.L.388,
 5   No.84), known as the Sunshine Act] 65 Pa.C.S. Ch. 7 (relating to
 6   open meetings).
 7      (l)   Operating procedures.--The board shall meet within 30
 8   days after the appointment of its new members and set up
 9   operating procedures and develop application forms for licensing
10   clinical social workers, associate marriage and family
11   therapists, marriage and family therapists, associate
12   professional counselors and professional counselors and
13   professional art therapists. It shall be the responsibility of
14   the board to circulate these forms and educate the public to the
15   requirements of licensing in order to hold oneself out as a
16   licensed bachelor social worker, licensed social worker,
17   licensed associate marriage and family therapist, licensed
18   clinical social worker, licensed marriage and family therapist,
19   licensed associate professional counselor or licensed
20   professional counselor within the Commonwealth.
21   Section 6.     Powers and functions of board.
22      The board shall have the following powers:
23            * * *
24            (2)   To adopt and, from time to time, revise such rules
25      and regulations as may be necessary to carry into effect the
26      provisions of this act. Such regulations may include, but
27      shall not be limited to, standards of professional practice
28      and conduct for licensed bachelor social workers, licensed
29      social workers, licensed clinical social workers, licensed
30      associate marriage and family therapists, licensed marriage

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 1      and family therapists, licensed associate professional
 2      counselors [and] licensed professional counselors,
 3      professional art therapists and licensed associate art
 4      therapists in Pennsylvania.
 5            (3)   To examine for, deny, approve, issue, revoke,
 6      suspend or renew licenses of bachelor social workers, social
 7      workers, clinical social workers, associate marriage and
 8      family therapists, marriage and family therapists, associate
 9      professional counselors [and professional counselors],
10      professional art therapists and licensed associate art
11      therapists, professional art therapists and licensed
12      associate art therapists pursuant to this act and to conduct
13      hearings in connection therewith.
14            * * *
15      Section 4.      Section 7 of the act is amended by adding
16   subsections to read:
17   Section 7.     Qualifications for license.
18      * * *
19      (h)   Professional art therapist license.--An applicant shall
20   be qualified to hold oneself out as a licensed professional art
21   therapist if the applicant submits proof satisfactory to the
22   board that all of the following apply:
23            (1)   The applicant is at least 21 years of age.
24            (2)     The applicant is of good moral character. In
25      assessing the moral character of an applicant with a criminal
26      conviction, the board shall conduct an individualized
27      assessment in accordance with 63 Pa.C.S. § 3113 (relating to
28      consideration of criminal convictions).
29            (3)   The applicant has successfully met one of the
30      following educational requirements:

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 1              (i)    Holds a master's degree with a minimum of 60
 2        semester hours or 90 quarter hours of graduate coursework
 3        in art therapy from a program that is approved by the
 4        American Art Therapy Association or accredited by the
 5        Commission on Accreditation of Allied Health Education
 6        Programs at the time the degree was conferred.
 7              (ii)    Has successfully completed a master's degree
 8        with a minimum of 60 semester hours or 90 quarter hours
 9        of graduate coursework in art therapy or a field
10        determined by the board by regulation to be closely
11        related to the practice of professional art therapy and
12        has successfully completed a minimum of 30 graduate
13        credit hours in the following subject areas: theory and
14        practice of art therapy, art therapy media and
15        techniques, history of art therapy, human growth and
16        developmental dynamics in art, application of art therapy
17        with people in different treatment settings, art therapy
18        appraisal, diagnosis and assessment, group art therapy,
19        ethical and legal issues of art therapy practice, matters
20        of cultural and social diversity bearing on the practice
21        of art therapy and standards of good art therapy practice
22        and completed at least 700 hours of supervised internship
23        experience.
24              (iii)    Holds a doctoral degree in art therapy from an
25        accredited educational institution or holds a doctoral
26        degree in a field determined by the board by regulation
27        to be closely related to the practice of professional art
28        therapy from an accredited educational institution.
29        (4)   The applicant has complied with the experience
30    requirements as follows:

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 1              (i)    An individual meeting the educational
 2        requirements of paragraph (3)(i) or (ii) must have
 3        completed at least 3,000 hours of supervised clinical
 4        experience, acceptable to the board as determined by
 5        regulation, which was obtained subsequent to granting of
 6        the master's degree in a period of not less than two
 7        years. Of these 3,000 total hours, at least 50% must be
 8        in direct contact with clients with demonstrated
 9        experience in diagnosing or treating mental, emotional,
10        behavioral and addiction disorders.
11              (ii)    An individual meeting the educational
12        requirements of paragraph (3)(iii) must have completed at
13        least 2,400 hours of supervised clinical experience,
14        acceptable to the board as determined by regulation,
15        1,200 hours of which was obtained subsequent to the
16        granting of the doctoral degree.
17        (5)   The applicant's postgraduate experience is completed
18    under supervision by a licensed professional art therapist, a
19    certified art therapist or any other licensed mental health
20    professional acceptable to the board as determined by
21    regulation.
22        (6)   The application has been accompanied by the
23    application fee.
24        (7)   The applicant demonstrates professional competency
25    by satisfactorily completing the Art Therapy Credentials
26    Board Examination, or a substantially equivalent exam
27    approved by the board.
28        (8)   The applicant has not been convicted of a felony
29    under The Controlled Substance, Drug, Device and Cosmetic
30    Act, or of an offense under the laws of another jurisdiction

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 1      which if committed in this Commonwealth would be a felony
 2      under The Controlled Substance, Drug, Device and Cosmetic
 3      Act, unless the applicant otherwise satisfies the
 4      qualifications contained in or authorized by this act and:
 5                (i)    at least 10 years have elapsed from the date of
 6            conviction; or
 7                (ii)   the applicant satisfactorily demonstrates to
 8            the board that the applicant has made significant
 9            progress in personal rehabilitation since the conviction
10            such that licensure of the applicant should not be
11            expected to create a substantial risk of harm to the
12            health and safety of clients or the public or a
13            substantial risk of further criminal violation,
14            in which case the board may issue a probationary license
15            for the remainder of the 10 years required in
16            subparagraph (i).
17      As used in this paragraph, the term "convicted" includes a
18      judgment, an admission of guilt or a plea of nolo contendere.
19      (h.1)   Authorization for licensed professional art
20   therapists.--A licensed professional art therapist may engage in
21   the independent practice of art therapy and is authorized to
22   diagnose and treat mental disorders specified in the most recent
23   edition of the Diagnostic and Statistical Manual of mental
24   disorders of the American Psychiatric Association designated by
25   the board by rules and regulations.
26      (i)   Licensed associate art therapist.--The board shall issue
27   an associate art therapist license to an applicant if the
28   applicant has completed and submitted an application form in the
29   manner as prescribed, accompanied by applicable fees, and
30   provides evidence satisfactory to the board that the applicant

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 1   has fulfilled the following requirements:
 2          (1)   Is at least 21 years of age.
 3          (2)   Is of good moral character. In determining moral
 4      character under this paragraph, the board may take into
 5      consideration whether the applicant has engaged in conduct or
 6      activities which would constitute grounds for discipline
 7      under this act. In assessing the moral character of an
 8      applicant with a criminal conviction, the board shall conduct
 9      an individualized assessments in accordance with 63 Pa.C.S. §
10      3113.
11          (3)   Has completed the educational and practicum or
12      internship requirements for licensure as an associate art
13      therapist in this Commonwealth as outlined in section 7(h)
14      (2), (3) and (4).
15          (4)   Has submitted one letter of recommendation from a
16      qualified supervisor who has provided direct clinical
17      supervision of the applicant's graduate program clinical
18      training, practicum or internship attesting to the
19      applicant's integrity, competence and moral character and
20      completed a postgraduate supervised training plan on forms
21      prescribed by the board describing services to be provided,
22      place of employment, individuals responsible for clinical
23      supervision and a statement acknowledging the license
24      regulations and requirements. Supervision of art therapy
25      students shall be provided by a qualified art therapy
26      supervisor. No licensed associate art therapist shall
27      practice art therapy without supervision by a licensed
28      professional art therapist or a supervisor otherwise
29      acceptable to the board. The plan for supervision of the
30      licensed associate art therapist shall be approved in writing

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 1      by the committee prior to any actual performance of art
 2      therapy by the licensed associate art therapist.
 3      (j)   Licenses for associate art therapists.--
 4            (1)   A license issued under this section is valid for a
 5      period of five years so long as the individual holding the
 6      license provides evidence annually, through a form prescribed
 7      by the board, that the individual is receiving not less than
 8      one hour of direct face-to-face contact with a qualified art
 9      therapy supervisor per 10 hours of face-to-face practice with
10      clients, including no less than two hours of supervision per
11      month, through group or individual supervision.
12            (2)   At the end of the five-year period, a licensed
13      associate art therapist who has not met the requirements for
14      licensure as a professional art therapist may submit an
15      application for extension of licensure as an associate art
16      therapist to the board. The application must include:
17                  (i)    a plan for completing the requirements to obtain
18            licensure as a licensed professional art therapist;
19                  (ii)    documentation of compliance with the continuing
20            education requirements;
21                  (iii)    documentation of compliance with requirements
22            related to supervision; and
23                  (iv)    letters of recommendation from at least one
24            qualified art therapy supervisor providing supervision to
25            the applicant.
26            (3)   An extension of a license as an associate art
27      therapist under this subsection is valid for a period of two
28      years and is not renewable.
29      Section 5.        Section 8(b) of the act, amended March 28, 2024
30   (P.L.11, No.4), is amended to read:

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 1   Section 8.     Procedures for licensing.
 2      * * *
 3      (b)   Issuance of license.--The board shall issue to each
 4   person who meets the licensure requirements of this act a
 5   certificate setting forth that such person is licensed to hold
 6   oneself out as a licensed bachelor social worker, a licensed
 7   social worker, a licensed clinical social worker, a licensed
 8   associate marriage and family therapist, a licensed marriage and
 9   family therapist, a licensed associate professional counselor
10   [or], a licensed professional counselor or a licensed
11   professional art therapist.
12      Section 6.        Section 9 of the act is amended by adding a
13   subsection to read:
14   Section 9.     Exemption from licensure examination.
15      * * *
16      (d)   Professional art therapists.--The requirements of
17   section 7(h)(5) shall not apply and a license shall be issued
18   without examination to an applicant who meets all of the
19   following requirements:
20            (1)   Has submitted an application for a professional art
21      therapist license, accompanied by the required fee, within
22      two years after the effective date of this paragraph.
23            (2)   Can demonstrate proof of practice of professional
24      art therapy for at least five years prior to the date of
25      application for license.
26            (3)   Has successfully met one of the following
27      educational requirements:
28                  (i)    Has a master's degree of at least 48 semester
29            hours or 72 quarter hours from a program in art therapy
30            approved by the American Art Therapy Association.

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 1                  (ii)    Has a master's degree from an accredited
 2            educational institution with a course of study that the
 3            Art Therapy Credentials Board has determined is
 4            equivalent to an approved program in art therapy for
 5            purposes of meeting the education requirements for
 6            registration as an art therapist.
 7                  (iii)   Has a doctoral degree in art therapy or a
 8            field determined by the board by regulation to be closely
 9            related to the practice of professional art therapy from
10            an accredited educational institution.
11            (4)   Holds a current credential as a registered art
12      therapist and has passed the national board certification
13      examination of the Art Therapy Credentials Board.
14      Section 7.     Section 10 of the act, amended March 28, 2024
15   (P.L.11, No.4), is amended to read:
16   Section 10.     Reciprocity.
17      (a)   General rule.--The board shall have the power to grant a
18   reciprocal license to an applicant who is licensed or certified
19   as a bachelor social worker, social worker, clinical social
20   worker, associate marriage and family therapist, marriage and
21   family therapist, associate professional counselor [or],
22   professional counselor or professional art therapist in another
23   state and has demonstrated qualifications which equal or exceed
24   those required pursuant to this act in the determination of the
25   board, provided that no license shall be granted under this
26   section to an applicant unless the state in which the applicant
27   is licensed affords reciprocal treatment to persons who are
28   residents of this Commonwealth and who are licensed pursuant to
29   this act.
30      (b)   Emergencies.--The board shall have the power to allow an

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 1   individual who is licensed or certified as a clinical social
 2   worker, a marriage and family therapist [or], a professional
 3   counselor or a professional art therapist in another state to
 4   practice in this Commonwealth without licensure for no more than
 5   60 days as part of a relief effort related to a state of
 6   emergency as declared by the Federal Government or the Governor.
 7      Section 8.    Section 10.1 of the act is amended by adding a
 8   subsection to read:
 9   Section 10.1.    Endorsement of out-of-State licenses.
10      * * *
11      (d)   Professional art therapist license.--The board may issue
12   a professional art therapist license without examination to an
13   applicant holding a professional art therapist or equivalent
14   mental health license in another state who submits proof
15   satisfactory to the board of all of the following:
16            (1)   The applicant is of good moral character.
17            (2)   The applicant meets the educational requirements as
18      specified in section 7(h)(3).
19            (3)   The applicant has completed a minimum of 3,000 hours
20      of supervised clinical experience acceptable to the board.
21            (4)   The applicant holds a license that is in good
22      standing from another state.
23            (5)   The applicant has, at a minimum, been actively
24      engaged in the practice of professional art therapy work for
25      five of the last seven years immediately preceding the filing
26      of the application for licensure by endorsement with the
27      board.
28            (6)   The applicant has submitted an application
29      accompanied by the application fee.
30            (7)   The applicant has not been convicted of a felony

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 1      under The Controlled Substance, Drug, Device and Cosmetic
 2      Act, or of an offense under the laws of another jurisdiction
 3      which if committed in this Commonwealth would be a felony
 4      under The Controlled Substance, Drug, Device and Cosmetic
 5      Act, unless the applicant otherwise satisfies the
 6      qualifications contained in or authorized by this act and:
 7                 (i)    at least 10 years have elapsed from the date of
 8          conviction; or
 9                 (ii)    the applicant satisfactorily demonstrates to
10          the board that the applicant has made significant
11          progress in personal rehabilitation since the conviction
12          such that licensure of the applicant should not be
13          expected to create a substantial risk of harm to the
14          health and safety of clients or the public or a
15          substantial risk of further criminal violation,
16          in which case the board may issue a probationary license
17          for the remainder of the 10 years required in
18          subparagraph (i).
19      As used in this paragraph, the term "convicted" includes a
20      judgment, an admission of guilt or a plea of nolo contendere.
21      Section 9.       Section 12 of the act, amended March 28, 2024
22   (P.L.11, No.4), is amended to read:
23   Section 12.    Reinstatement of license.
24      Unless ordered to do so by Commonwealth Court or an appeal
25   therefrom, the board shall not reinstate the license of a person
26   to practice as a bachelor social worker, social worker, clinical
27   social worker, associate marriage and family therapist, marriage
28   and family therapist, associate professional counselor [or],
29   professional counselor or professional art therapist pursuant to
30   this act, which has been revoked. Any person whose license has

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 1   been revoked may apply for reinstatement, after a period of at
 2   least five years, but must meet all of the licensing
 3   qualifications of this act, including the examination
 4   requirement, if he or she desires to practice as a bachelor
 5   social worker, social worker, clinical social worker, marriage
 6   and family therapist [or], professional counselor or
 7   professional art therapist pursuant to this act at any time
 8   after such revocation.
 9      Section 10.     The act is amended by adding a section to read:
10   Section 16.7.     Restriction on use of title "licensed
11                  professional art therapist," "licensed associate art
12                  therapist" and related titles.
13      (a)   General rule.--Only individuals who have received
14   licenses as licensed professional art therapists under this act
15   may engage in the independent practice of professional art
16   therapy, use the letters "L.P.A.T." in connection with their
17   names or represent themselves to the public as licensed
18   professional art therapists, professional art therapists or art
19   therapists. It shall be unlawful for an individual to style
20   oneself as a professional art therapist, advertise or engage in
21   the independent practice of professional art therapy or use any
22   words or symbols indicating or tending to indicate that the
23   individual is a licensed professional art therapist,
24   professional art therapist or otherwise qualified to practice
25   professional art therapy without holding a license in good
26   standing under this act.
27      (b)   Nonapplicability.--Subsection (a) shall not apply to the
28   following:
29            (1)   A person employed by the Commonwealth in an art
30      therapist position on the effective date of this subsection,

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 1      during the time of employment by the Commonwealth in that
 2      position who has completed or is in the process of completing
 3      the education requirements to become a licensed professional
 4      art therapist or licensed associate art therapist.
 5            (2)   A person who holds a valid license or is certified
 6      or regulated pursuant to another professional licensure law
 7      or State certification of the Commonwealth and who is
 8      credentialed by the Art Therapy Credentials Board as a
 9      certified art therapist.
10            (3)   A person who is practicing professional art therapy
11      under supervision to meet the supervised clinical experience
12      requirement to become a licensed professional art therapist
13      pursuant to this act, if the person does not represent
14      himself or herself as a licensed professional art therapist
15      or professional art therapist.
16            (4)   A student enrolled in an art therapy academic
17      program with an accredited educational institution while
18      practicing art therapy under qualified supervision and as
19      part of an approved course of study if the student does not
20      represent himself or herself as a professional art therapist
21      or art therapist. A student enrolled in an art therapy
22      program may identify himself or herself only as an "art
23      therapy student" or "art therapy intern."
24      Section 11.    Section 17(b) of the act is amended to read:
25   Section 17.    Penalties.
26      * * *
27      (b)   Civil penalty.--In addition to any other civil remedy or
28   criminal penalty provided for in this act, the board, by a vote
29   of the majority of the maximum number of the authorized
30   membership of the board as provided by law, or by a vote of the

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 1   majority of the duly qualified and confirmed membership or a
 2   minimum of three members, whichever is greater, may levy a civil
 3   penalty of up to $10,000 on any current licensee who violates
 4   any provision of this act, on any person who engages in the
 5   independent practice of clinical social work, the independent
 6   practice of marriage and family therapy [or], the independent
 7   practice of professional counseling or the independent practice
 8   of professional art therapy without being licensed pursuant to
 9   this act or on any person who holds himself or herself out as a
10   licensed bachelor social worker, licensed social worker,
11   licensed clinical social worker, licensed marriage and family
12   therapist, licensed professional counselor or marriage and
13   family therapist or licensed professional art therapist or
14   professional art therapist without being so licensed pursuant to
15   this act. The board shall levy this penalty only after affording
16   the accused party the opportunity for a hearing, as provided in
17   Title 2 of the Pennsylvania Consolidated Statutes (relating to
18   administrative law and procedure).
19      * * *
20      Section 12.   Section 18 heading, (a) and (b) of the act,
21   amended March 28, 2024 (P.L.11, No.4), are amended and the
22   section is amended by adding a subsection to read:
23   Section 18.   License renewal; records and fees; reinstatement.
24      [(a)    Renewal term.--Renewal of license shall be on a
25   biennial basis. The board may by regulation require evidence of
26   professional activity or continuing education as a condition of
27   license renewal. No credit shall be given for any course in
28   office management or practice building.]
29      * * *
30      (b)    Records.--A record of all persons licensed to practice

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 1   as bachelor social workers, social workers, clinical social
 2   workers, associate marriage and family therapists, marriage and
 3   family therapists, associate professional counselors [and],
 4   professional counselors and professional art therapists in
 5   Pennsylvania shall be kept in the office of the board and shall
 6   be open to public inspection and copying upon payment of a
 7   nominal fee for copying the record.
 8      * * *
 9      (d)   Reinstatement.--
10            (1)    An individual whose license has been suspended or
11      revoked may make written application to the board requesting
12      reinstatement of the license upon termination of the period
13      of suspension or revocation in a manner prescribed by the
14      board and such application shall be accompanied by the fee
15      provided.
16            (2)    An individual whose license has expired may make
17      written application to the board requesting reinstatement of
18      the license in a manner prescribed by the board and such
19      application shall be accompanied by:
20                   (i)    A renewal fee established under by the board
21            and, for an individual whose license has been expired for
22            one year or less, an additional fee equal to the renewal
23            fee.
24                   (ii)    Evidence satisfactory to the board that the
25            individual has completed during the previous 24 months
26            the continuing education requirements for one license
27            period.
28            (3)    An individual who requests to reinstate a license
29      that has been expired for longer than one year and who has
30      not completed the necessary continuing education hours for

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 1      reinstatement may submit an application for a six-month
 2      reinstatement temporary license in a manner prescribed by the
 3      board. The application must be accompanied by a fee
 4      established by the board.
 5            (4)   A licensee practicing under a six-month
 6      reinstatement temporary license must complete the continuing
 7      education requirements required for a permanent license prior
 8      to the expiration of the temporary license and notify the
 9      board upon completion. A six-month reinstatement temporary
10      license may not be extended or renewed.
11      Section 13.    Section 20(a) of the act, amended March 28, 2024
12   (P.L.11, No.4), is amended to read:
13   Section 20.    Unlawful practice.
14      (a)   Unlawful practice prohibited.--It shall be unlawful for
15   any person to engage in the independent practice of clinical
16   social work, the independent practice of marriage and family
17   therapy [or], the independent practice of professional
18   counseling or the independent practice of professional art
19   therapy or hold oneself out as a licensed bachelor social
20   worker, licensed social worker, licensed clinical social worker,
21   licensed associate marriage and family therapist, marriage and
22   family therapist, licensed associate professional counselor
23   [and], professional counselor and licensed professional art
24   therapist without possessing a valid, unexpired, unrevoked and
25   unsuspended license issued under this act.
26      * * *
27      Section 14.    Within 60 days of the effective date of this
28   section, the Governor shall nominate two professional members to
29   serve as the licensed professional art therapist members of the
30   State Board of Social Workers, Marriage and Family Therapists,

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 1   Professional Counselors and Professional Art Therapists. The
 2   professional members initially appointed pursuant to this
 3   section need not be licensed by the licensure examination
 4   adopted by the State Board of Social Workers, Marriage and
 5   Family Therapists, Professional Counselors and Professional Art
 6   Therapists but, at the time of appointment, must satisfy all
 7   other requirements of this act for licensure as a professional
 8   art therapist.
 9      Section 15.   The State Board of Social Workers, Marriage and
10   Family Therapists, Professional Counselors and Professional Art
11   Therapists shall promulgate final regulations to carry out the
12   provisions of this act within 18 months of the effective date of
13   this section.
14      Section 16.   This act shall take effect as follows:
15          (1)   The amendment or addition of sections 4, 16.5, 17(b)
16      and 20(a) of the act shall take effect in 24 months.
17          (2)   The remainder of this act shall take effect in 60
18      days.




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