Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 1920 - Unlawful practice(a) Unlawful practice prohibited.--It shall be unlawful for any person to engage in the independent practice of clinical social work, the independent practice of marriage and family therapy or the independent practice of professional counseling or hold oneself out as a licensed bachelor social worker, licensed social worker, licensed clinical social worker, licensed associate marriage and family therapist marriage and family therapist , licensed associate professional counselor and professional counselor without possessing a valid, unexpired, unrevoked and unsuspended license issued under this act.(a.1) Title.--It shall be unlawful for an individual to hold oneself out as a social worker, use the title of "social worker" or use the abbreviation of "S.W." without meeting the definition of "social worker." This subsection includes advertising as a social worker and adopting or using any title or description of services incorporating the term "social worker" and their related abbreviations, which implies directly or indirectly that the individual is a social worker. This subsection shall not apply to the following individuals: (1) An individual employed by the Commonwealth in a social work position on the effective date of this subsection, during the time of employment by the Commonwealth.(2) An individual employed as a school social worker in a public or private school in this Commonwealth on or before the effective date of this subsection, during the time of employment as a school social worker.(b) Injunction.--Unlawful practice may be enjoined by the courts upon petition of the commissioner or the board. In any proceeding under this section, it shall not be necessary to show that any person is individually injured by the actions complained of. If the court finds that the respondent has violated this section, it shall enjoin him or her from so practicing until he or she has been duly licensed. Procedure in such cases shall be the same as in any other injunction suit.(c) Remedy cumulative.--The injunctive remedy provided in this section shall be in addition to any other civil or criminal prosecution and punishment.Amended by P.L. (number not assigned at time of publication) 2024 No. 4,§ 6, eff. 3/28/2024.Amended by P.L. TBD 2018 No. 76, § 3, eff. 10/27/2018.Amended by P.L. TBD 2014 No. 179, § 7, eff. 12/21/2014.1987, July 9, P.L. 220, No. 39, § 20, effective in 18 months. Amended 1998, Dec. 21, P.L. 1017, No. 136, § 20, effective in 60 days; 2008, July 9, P.L. 929, No. 68, § 3, effective in 60 days [Sept. 8, 2008].