HB 1853 — 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 reciprocity, for endorsement of out-of-State licenses and for reinstatement of license; providing for restrictions on use of title "Licensed Recreational Therapist"; and further providing for penalties, for license renewal and records and fees and for unlawful practice.

PRINTER'S NO.     2288

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1853
                                               Session of
                                                 2025

     INTRODUCED BY SHUSTERMAN, GUENST, HILL-EVANS, RIVERA, SANCHEZ,
        D. WILLIAMS, KENYATTA, PIELLI, BOROWSKI, BOYD, DALEY AND
        DONAHUE, SEPTEMBER 8, 2025

     REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
        SEPTEMBER 9, 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 reciprocity, for endorsement of
 9      out-of-State licenses and for reinstatement of license;
10      providing for restrictions on use of title "Licensed
11      Recreational Therapist"; and further providing for penalties,
12      for license renewal and records and fees and for unlawful
13      practice.
14      The General Assembly of the Commonwealth of Pennsylvania
15   hereby enacts as follows:
16      Section 1.    Section 2 of the act of July 9, 1987 (P.L.220,
17   No.39), known as the Social Workers, Marriage and Family
18   Therapists and Professional Counselors Act, is amended to read:
19   Section 2.   Legislative intent.
20      The practice of social work, marriage and family therapy,
21   recreational therapy and professional counseling within this
22   Commonwealth is hereby declared to affect the public safety and
 1   welfare and to be subject to regulation and control in the
 2   public interest to protect the public from unprofessional,
 3   improper, unauthorized and unqualified practice of licensed
 4   social work, licensed marriage and family therapy, licensed
 5   recreational therapy and licensed professional counseling. This
 6   act regulates only those who hold themselves out as licensed
 7   social workers, licensed clinical social workers, licensed
 8   marriage and family therapists, licensed recreational therapists
 9   or as licensed professional counselors. [Acquisition] Except for
10   a licensed recreational therapist, acquisition of a license
11   under this act shall not be made a condition of the employment
12   of a person by the Commonwealth or any of its political
13   subdivisions or by nonprofit agencies.
14      Section 2.   Section 3 of the act is amended by adding
15   definitions to read:
16   Section 3.   Definitions.
17      The following words and phrases when used in this act shall
18   have the meanings given to them in this section unless the
19   context clearly indicates otherwise:
20      * * *
21      "Licensed recreational therapist."    An individual who engages
22   or offers to engage in the practice of recreational therapy and
23   who holds a current license under this act.
24      * * *
25      "Methods and techniques of recreational therapy."   Methods
26   and techniques used by licensed recreational therapists, which
27   may include any of the following:
28          (1)   Conducting an individualized assessment for the
29      purpose of collecting systematic, comprehensive and accurate
30      data necessary to determine the course of action and

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 1    subsequent individualized treatment plan.
 2        (2)    Planning and developing an individualized
 3    recreational therapy treatment plan that identifies an
 4    individual's goals, objectives and potential treatment
 5    intervention strategies for play, recreation, leisure and
 6    community activities.
 7        (3)    Implementing an individualized recreational therapy
 8    treatment plan that is consistent with the overall treatment
 9    plan.
10        (4)    Systematically evaluating and comparing the
11    individual's response to the individualized recreational
12    therapy treatment plan and making modifications as
13    appropriate.
14        (5)    Developing a discharge plan in collaboration with
15    the individual and the individual's family, treatment team
16    and other identified support networks where appropriate.
17        (6)    Identifying and training individuals in the use of
18    adaptive play, recreation and leisure equipment.
19        (7)    Identifying, providing and educating individuals to
20    use play, recreation, leisure and community resources that
21    support a healthy, active and engaged life.
22        (8)    Providing leisure education and counseling to
23    address issues that hinder health and engagement in play,
24    recreation, leisure and community activities.
25        (9)    Providing community integration, reintegration,
26    inclusion and transitioning services to maximize health and
27    participation in play, recreation, leisure and community
28    activities.
29        (10)   Addressing functional skill recovery, development
30    or maintenance related to health and participation in play,

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 1      recreation, leisure and community activities and utilizing
 2      play, recreation, leisure and community activities as
 3      modalities to advance health and functioning.
 4          (11)   Assisting individuals in constructing a healthy
 5      leisure lifestyle that supports continued recovery, health
 6      promotion and quality of life.
 7          (12)   Providing play, recreation, leisure and community
 8      opportunities for individuals with illness, disability or
 9      challenges for therapeutic purposes.
10          (13)   Minimizing personal and environmental contextual
11      barriers and maximizing personal and environmental contextual
12      facilitators to enhance health and participation in play,
13      recreation, leisure and community activities.
14          (14)   Collaborating with and educating the individual,
15      family, caregiver and others to foster an environment that is
16      responsive to the health, play, recreation, leisure and
17      community engagement needs of the individual.
18          (15)   Consulting with groups, programs, organizations or
19      communities to improve physical, social and programmatic
20      accessibility in play, recreation, leisure and community
21      activities.
22      * * *
23      "Practice of recreational therapy."    The professional
24   application of methods and techniques of recreational therapy
25   designed to treat an individual affected by an illness or
26   disabling condition in order to accomplish any of the following:
27          (1)    Restore, remediate or rehabilitate the individual's
28      level of functioning and independence in play, leisure,
29      recreation and community activities.
30          (2)    Promote health and wellness through engagement in

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 1      play, leisure, recreation and community activities.
 2            (3)   Reduce or eliminate limitations and restrictions to
 3      participation in play, leisure, recreation and community
 4      activities.
 5      * * *
 6      Section 3.     Sections 4, 5(a), (c) and (l) and 6(2) and (3) of
 7   the act, amended March 28, 2024 (P.L.11, No.4), are amended to
 8   read:
 9   Section 4.     License required.
10      It shall be unlawful for any person to hold oneself forth as
11   a licensed bachelor social worker, licensed social worker,
12   licensed clinical social worker, licensed associate marriage and
13   family therapist, licensed marriage and family therapist,
14   licensed recreational therapist, licensed associate professional
15   counselor or licensed professional counselor unless he or she
16   shall first have obtained a license pursuant to this act.
17   Section 5.     State Board of Social Workers, Marriage and Family
18                     Therapists and Professional Counselors.
19      (a)   Creation.--There is hereby created the State Board of
20   Social Workers, Marriage and Family Therapists and Professional
21   Counselors, a departmental administrative board in the
22   Department of State. The board shall consist of [13] 15 members
23   who are citizens of the United States and who have been
24   residents of this Commonwealth for a two-year period, two of
25   whom shall be public members; [five] six of whom shall be
26   licensed social workers, at least one of whom shall be a
27   licensed clinical social worker and at least one of whom shall
28   be a licensed social worker; two of whom shall be licensed
29   marriage and family therapists; two of whom shall be licensed
30   professional counselors; one of whom shall be either a licensed

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 1   marriage and family therapist or a licensed professional
 2   counselor whose membership shall rotate between those
 3   professions at the expiration of the member's second term; one
 4   of whom shall be a licensed recreational therapist; and one of
 5   whom shall be the Commissioner of Professional and Occupational
 6   Affairs.
 7      * * *
 8      (c)     Initial appointments.--Within 90 days of the effective
 9   date of this act, the Governor shall nominate one professional
10   member to serve as a clinical social worker member of the board;
11   three professional members to serve as professional counselor
12   members of the board, one of whom shall serve a two-year term,
13   one of whom shall serve a three-year term and one of whom shall
14   serve a four-year term; two professional members to serve as the
15   marriage and family therapist members of the board, one of whom
16   shall serve a two-year term and one of whom shall serve a four-
17   year term; and one professional member to serve as the
18   recreational therapist member of the board, who shall serve a
19   four-year term. The professional members of the board initially
20   appointed pursuant to this subsection need not be licensed by
21   the licensure examination adopted by the board but, at the time
22   of appointment, must have satisfied the education and experience
23   requirements of this act for licensure as a clinical social
24   worker, a marriage and family therapist, a recreational
25   therapist or a professional counselor.
26      * * *
27      (l)     Operating procedures.--The board shall meet within 30
28   days after the appointment of its new members and set up
29   operating procedures and develop application forms for licensing
30   clinical social workers, associate marriage and family

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 1   therapists, marriage and family therapists, recreational
 2   therapists, associate professional counselors and professional
 3   counselors. It shall be the responsibility of the board to
 4   circulate these forms and educate the public to the requirements
 5   of licensing in order to hold oneself out as a licensed bachelor
 6   social worker, licensed social worker, licensed associate
 7   marriage and family therapist, licensed clinical social worker,
 8   licensed marriage and family therapist, licensed recreational
 9   therapist, licensed associate professional counselor or licensed
10   professional counselor within the Commonwealth.
11   Section 6.   Powers and functions of board.
12      The board shall have the following powers:
13          * * *
14          (2)   To adopt and, from time to time, revise such rules
15      and regulations as may be necessary to carry into effect the
16      provisions of this act. Such regulations may include, but
17      shall not be limited to, standards of professional practice
18      and conduct for licensed bachelor social workers, licensed
19      social workers, licensed clinical social workers, licensed
20      associate marriage and family therapists, licensed marriage
21      and family therapists, licensed recreational therapists,
22      licensed associate professional counselors and licensed
23      professional counselors in Pennsylvania.
24          (3)   To examine for, deny, approve, issue, revoke,
25      suspend or renew licenses of bachelor social workers, social
26      workers, clinical social workers, associate marriage and
27      family therapists, marriage and family therapists,
28      recreational therapists, associate professional counselors
29      and professional counselors pursuant to this act and to
30      conduct hearings in connection therewith.

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 1            * * *
 2      Section 4.        Section 7 of the act is amended by adding a
 3   subsection to read:
 4   Section 7.     Qualifications for license.
 5      * * *
 6      (h)   Recreational therapist license.--An applicant shall be
 7   qualified for a license to hold oneself out as a licensed
 8   recreational therapist if the applicant submits proof
 9   satisfactory to the board that all of the following apply:
10            (1)   The applicant is at least 18 years of age.
11            (2)   The applicant is of good moral character. In
12      assessing the moral character of an applicant with a criminal
13      conviction the board shall conduct an individualized
14      assessment in accordance with 63 Pa.C.S. § 3113 (relating to
15      consideration of criminal convictions).
16            (3)   The applicant has submitted a completed application
17      and fee as required by the board by regulation.
18            (4)   The applicant has completed certification
19      requirements for and maintains certification by the National
20      Council for Therapeutic Recreation Certification.
21            (5)   The following:
22                  (i)    The applicant has not been convicted of a felony
23            under the act of April 14, 1972 (P.L.233, No.64), known
24            as The Controlled Substance, Drug, Device and Cosmetic
25            Act, or of an offense under the laws of another
26            jurisdiction which, if committed in this Commonwealth,
27            would be a felony under The Controlled Substance, Drug,
28            Device and Cosmetic Act, unless the following apply:
29                        (A)   At least ten years have elapsed from the
30                  date of conviction.

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 1                        (B)   The applicant satisfactorily demonstrates to
 2                 the board that the applicant has made significant
 3                 progress in personal rehabilitation since the
 4                 conviction and the licensure of the applicant is not
 5                 expected to create a substantial risk of harm to the
 6                 health and safety of the applicant's clients or the
 7                 public or a substantial risk of further criminal
 8                 violations.
 9                        (C)   The applicant otherwise satisfies the
10                 qualifications required under this act.
11                 (ii)    For purposes of this paragraph, the term
12            "convicted" shall mean a judgment, admission of guilt or
13            a plea of nolo contendere.
14      Sections 5.       Sections 8(b) and 10 of the act, amended March
15   28, 2024 (P.L.11, No.4), are amended to read:
16   Section 8.    Procedures for licensing.
17      * * *
18      (b)   Issuance of license.--The board shall issue to each
19   person who meets the licensure requirements of this act a
20   certificate setting forth that such person is licensed to hold
21   oneself out as a licensed bachelor social worker, a licensed
22   social worker, a licensed clinical social worker, a licensed
23   associate marriage and family therapist, a licensed marriage and
24   family therapist, a licensed recreational therapist, a licensed
25   associate professional counselor or a licensed professional
26   counselor.
27   Section 10.    Reciprocity.
28      (a)   General rule.--The board shall have the power to grant a
29   reciprocal license to an applicant who is licensed or certified
30   as a bachelor social worker, social worker, clinical social

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 1   worker, associate marriage and family therapist, marriage and
 2   family therapist, recreational therapist, associate professional
 3   counselor or professional counselor in another state and has
 4   demonstrated qualifications which equal or exceed those required
 5   pursuant to this act in the determination of the board, provided
 6   that no license shall be granted under this section to an
 7   applicant unless the state in which the applicant is licensed
 8   affords reciprocal treatment to persons who are residents of
 9   this Commonwealth and who are licensed pursuant to this act.
10      (b)   Emergencies.--The board shall have the power to allow an
11   individual who is licensed or certified as a clinical social
12   worker, [a] marriage and family therapist, recreational
13   therapist or [a] professional counselor in another state to
14   practice in this Commonwealth without licensure for no more than
15   60 days as part of a relief effort related to a state of
16   emergency as declared by the Federal Government or the Governor.
17      Section 6.    Section 10.1 of the act is amended by adding a
18   subsection to read:
19   Section 10.1.    Endorsement of out-of-State licenses.
20      * * *
21      (d)   Recreational therapist license.--The board may issue a
22   recreational therapist license to an applicant holding a
23   recreational therapist license in another state who submits
24   proof satisfactory to the board of all of the following:
25            (1)   The applicant is of good moral character. In
26      assessing the moral character of an applicant with a criminal
27      conviction, the board shall conduct an individualized
28      assessment in accordance with 63 Pa.C.S. § 3113.
29            (2)   The applicant meets the certification requirements
30      under section 7(h)(4).

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 1          (3)    The applicant holds a recreation therapy license
 2      that is in good standing from another state.
 3          (4)    The applicant has submitted an application
 4      accompanied by the application fee.
 5          (5)    The following:
 6                 (i)    The applicant has not been convicted of a felony
 7          under The Controlled Substance, Drug, Device and Cosmetic
 8          Act, or of an offense under the laws of another
 9          jurisdiction which, if committed in this Commonwealth,
10          would be a felony under The Controlled Substance, Drug,
11          Device and Cosmetic Act, unless the following apply:
12                        (A)   At least ten years have elapsed from the
13                 date of conviction.
14                        (B)   The applicant satisfactorily demonstrates to
15                 the board that the applicant has made significant
16                 progress in personal rehabilitation since the
17                 conviction and the licensure of the applicant is not
18                 expected to create a substantial risk of harm to the
19                 health and safety of the applicant's clients or the
20                 public or a substantial risk of further criminal
21                 violations.
22                        (C)   The applicant otherwise satisfies the
23                 qualifications required under this act.
24                 (ii)    For purposes of this paragraph, the term
25          "convicted" shall mean a judgment, admission of guilt or
26          a plea of nolo contendere.
27      Section 7.       Section 12 of the act, amended March 28, 2024
28   (P.L.11, No.4), is amended to read:
29   Section 12.    Reinstatement of license.
30      Unless ordered to do so by Commonwealth Court or an appeal

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 1   therefrom, the board shall not reinstate the license of a person
 2   to practice as a bachelor social worker, social worker, clinical
 3   social worker, associate marriage and family therapist, marriage
 4   and family therapist, recreational therapist, associate
 5   professional counselor or professional counselor pursuant to
 6   this act, which has been revoked. Any person whose license has
 7   been revoked may apply for reinstatement, after a period of at
 8   least five years, but must meet all of the licensing
 9   qualifications of this act, including the examination
10   requirement, if he or she desires to practice as a bachelor
11   social worker, social worker, clinical social worker, associate
12   marriage and family therapist, marriage and family therapist,
13   recreational therapist, associate professional counselor or
14   professional counselor pursuant to this act at any time after
15   such revocation.
16      Section 8.    The act is amended by adding a section to read:
17   Section 16.7.    Restrictions on use of title "Licensed
18                 Recreational Therapist."
19      A person may not practice or hold himself or herself out as
20   being able to engage in the practice of recreational therapy,
21   use the term "recreational therapist," "licensed recreational
22   therapist," the initials "CTRS/L" or other similar terms or
23   provide recreational therapy services in this Commonwealth
24   without being licensed under this act to do so.
25      Section 9.    Section 17(b) of the act is amended to read:
26   Section 17.    Penalties.
27      * * *
28      (b)   Civil penalty.--In addition to any other civil remedy or
29   criminal penalty provided for in this act, the board, by a vote
30   of the majority of the maximum number of the authorized

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

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 1   be open to public inspection and copying upon payment of a
 2   nominal fee for copying the record.
 3      * * *
 4   Section 20.   Unlawful practice.
 5      (a)   Unlawful practice prohibited.--It shall be unlawful for
 6   any person to engage in the independent practice of clinical
 7   social work, the independent practice of marriage and family
 8   therapy, the independent practice of recreational therapy or the
 9   independent practice of professional counseling or hold oneself
10   out as a licensed bachelor social worker, licensed social
11   worker, licensed clinical social worker, licensed associate
12   marriage and family therapist, marriage and family therapist,
13   licensed recreational therapist, licensed associate professional
14   counselor and professional counselor without possessing a valid,
15   unexpired, unrevoked and unsuspended license issued under this
16   act.
17      * * *
18      Section 11.   This act shall take effect in 60 days.




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