Pennsylvania Roofing Licensing Law
Pennsylvania Code · 12 sections
The following is the full text of Pennsylvania’s roofing licensing law statutes as published in the Pennsylvania Code. For the official version, see the Pennsylvania Legislature.
Pa. Home Improvement Act, Section 2
Section 2. Definitions.
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Advertisement." A statement promoting home improvement services in a newspaper, periodical, pamphlet, circular, billboard, sign, letterhead, business card or other printed materials or in announcements to the public on radio, television or the Internet. The term shall not include the following:
(1) Sponsorship or recognition of sponsorships of civic, charitable or nonprofit events, teams or purposes.
(2) Writings or graphics on promotional clothing, pens, pencils, notepads or similar items.
"Arbitration clause." A process in which a neutral arbitrator or panel of neutral arbitrators is engaged by the parties to settle a dispute between a contractor and an owner.
"Bureau." The Bureau of Consumer Protection in the Office of Attorney General.
"Certificate." A certificate of registration as a contractor, issued by the Bureau of Consumer Protection, which contains a registration number assigned by the Bureau of Consumer Protection.
"Contractor." Any person who owns and operates a home improvement business or who undertakes, offers to undertake or agrees to perform any home improvement. The term includes a subcontractor or independent contractor who has contracted with a home improvement retailer, regardless of the retailer's net worth, to provide home improvement services to the retailer's customers. The term does not include any of the following:
(1) A person for whom the total cash value of all of that person's home improvements is less than $5,000 during the previous taxable year.
(2) A home improvement retailer having a net worth of more than $50,000,000 or an employee of that retailer that does not perform home improvements.
"Home improvement."
(1) The term includes all of the following done in connection with land or a portion of the land adjacent to a private residence or a building or a portion of the building which is used or designed to be used as a private residence for which the total cash price of all work agreed upon between the contractor and owner is more than $500:
(i) Repair, replacement, remodeling, demolition, removal, renovation, installation, alteration, conversion, modernization, improvement, rehabilitation or sandblasting.
(ii) Construction, replacement, installation or improvement of driveways, swimming pools, pool houses, porches, garages, roofs, siding, insulation, solar energy systems, security systems, flooring, patios, fences, gazebos, sheds, cabanas, landscaping of a type that is not excluded under paragraph (2)(vi), painting, doors and windows and waterproofing.
(iii) Without regard to affixation, the installation of central heating, air conditioning, storm windows or awnings.
(2) The term does not include:
(i) The construction of a new home.
(ii) The sale of goods or materials by a seller who neither arranges to nor performs, directly or indirectly, any work or labor in connection with the installation or application of the goods or materials.
(iii) The sale of services furnished for commercial or business use or for resale, if the service takes place somewhere other than at a private residence.
(iv) The sale of appliances, including stoves, refrigerators, freezers, room air conditioners and others which are designed for and are easily removable from the premises without material alteration.
(v) Any work performed without compensation by the owner of the owner's private residence or residential rental property.
(vi) Any work performed by a landscaper certified by the Department of Agriculture under the act of December 16, 1992 (P.L.1228, No.162), known as the Plant Pest Act, except to the extent that the work involves any of the following at a private residence:
(A) The construction, replacement, installation or improvement of buildings, driveways, swimming pools, porches, garages, roofs, siding, insulation, solar energy systems, security systems, flooring, patios, nondecorative fences, doors, lighting systems, concrete walkways and windows.
(B) The placement of retaining walls, fountains or drainage systems.
(vii) Emergency work pursuant to section 7 of the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law.
(viii) The conversion of existing commercial structures into residential or noncommercial structures.
"Home improvement contract." An agreement between a contractor, subcontractor or salesperson and an owner for the performance of a home improvement which includes all agreements for labor, services and materials to be furnished and performed under the contract.
"Home improvement retailer." A person, whether or not the person is registered under this act, who sells materials for use in home improvement contracts. (Def. added July 7, 2011, P.L.262, No.52)
"Owner."
(1) The term includes any of the following:
(i) An owner of a private residence, including any person authorized by an owner to act on the owner's behalf to order, contract for or purchase a home improvement.
(ii) A person entitled to the performance of the work of a contractor pursuant to a home improvement contract.
(2) An owner of a private residence shall not be required to reside in the residence to be deemed an owner under this act.
(3) A person who owns three or more private residences in this Commonwealth shall not be deemed an owner except with respect to the person's primary residence or the part of the building which houses the primary residence of the owner and those private residences the person uses for personal recreational purposes.
"Person." An individual, partnership, limited partnership, limited liability company, joint venture or corporation.
"Private residence." Any of the following:
(1) A single family dwelling.
(2) A multifamily dwelling consisting of not more than two units.
(3) A single unit located within any multifamily dwelling, including condominiums and cooperative units.
"Special order material." Any material, product or equipment that is not a stock item and must be specially ordered from the factory or distributor and which is produced or processed for the contractor for a specific home improvement contract. Special order materials are not returnable by the contractor for a refund or credit and have no usefulness for other home improvement contracts because they are specially ordered for a specific home improvement contract.
"Specifications." The plans, detailed drawings, lists of materials, stated allowances or other methods customarily used in the home improvement industry as a whole to describe with particularity the work, workmanship, materials and quality of materials for each home improvement.
"Time and materials." A construction practice where the contractor and owner agree that the contractor will perform the home improvement and the owner will pay the contractor under the home improvement contract based on the actual cost of labor at a specified hourly rate and the actual costs of materials and use of equipment, plus an agreed-upon percentage of the total actual costs or a fixed amount, over and above the actual costs, to cover the contractor's fee and overhead costs reasonably incurred in the performance of the home improvement. (Def. added Oct. 22, 2014, P.L.2567, No.160)
Pa. Home Improvement Act, Section 4
Section 4. Procedures for registration as a contractor.
(a) Application.--
(1) A person shall apply to the bureau in writing or electronically via a secure Internet connection, if permitted by the bureau, on a form provided by the bureau. The application shall include the following information:
(i) For an individual applicant, all of the following:
(A) Name.
(B) Date of birth.
(C) Home address and home telephone number.
(D) Driver's license number, a copy of an identification card issued by the state in which the individual resides or other form of identification as permitted by the bureau.
(E) Business name, address and telephone number.
(F) Federal employer identification number, if applicable.
(G) Social Security number.
(H) All prior business names and addresses of home improvement businesses operated by the individual.
((i) amended July 7, 2011, P.L.262, No.52)
(ii) For a general partnership applicant, all of the following:
(A) Name of each partner.
(B) Date of birth of each partner.
(C) Home address and home telephone number of each partner.
(D) Driver's license number or a copy of an identification card issued by the state in which the partner resides, of each partner.
(E) Partnership name, address and telephone number.
(F) Federal employer identification number, if applicable.
(G) Social Security number of each partner.
(H) All prior business names and addresses of home improvement businesses operated by the applicant and each partner.
(iii) For a corporation, limited liability company or limited partnership, all of the following:
(A) Name of each officer, manager and general partner.
(B) Date of birth of each officer, manager and general partner.
(C) Home address and home telephone number of each officer, manager and general partner.
(D) Driver's license number or a copy of an identification card issued by the state in which the individual resides, of each officer, manager and general partner.
(E) Entity's name, address and telephone number.
(F) Federal employer identification number, if applicable.
(G) Social Security number of each officer, manager and general partner.
(H) Name of each director or each individual holding greater than a 5% equity interest in the entity.
(I) All prior business names and addresses of home improvement businesses operated by each officer, manager and general partner.
(iv) For an out-of-State corporation, limited liability or limited partnership, the name and address of the entity's resident agent or registered office provider within this Commonwealth and any registration number or license number issued to the entity by its home state or political subdivision of such other state, if applicable.
(v) For a joint venture applicant, the name, address and telephone number of the joint venture, as well as the name, address and telephone number of each party to the joint venture. When the parties to a joint venture include business entities, the information required from such entities pursuant to paragraph (2) and subsection (b) shall also be provided.
(vi) A complete description of the nature of the contracting business of the applicant.
(vii) A statement whether:
(A) The individual or individuals making application, even if doing so as part of a business entity application, has ever been convicted of a criminal offense related to a home improvement transaction, fraud, theft, a crime of deception or a crime involving fraudulent business practices, as well as a statement whether the applicant has ever filed a petition in bankruptcy or, within the last ten years, received a final civil judgment entered against the applicant or businesses in which the applicant held an interest that was related to a home improvement transaction.
(B) The applicant's certificate or a similar certificate or license issued by any other state or political subdivision thereof has ever been revoked or suspended pursuant to an order issued by a court of competent jurisdiction and, if so, the current status of the certificate or similar certificate or license. The statement required by this clause shall include the same information with respect to any other business in which the person making application has or has ever had an interest.
(viii) Whether within the last ten years the applicant has ever been suspended or debarred from participating in any Federal, State, local or not-for-profit program through which public funding or other assistance is provided to owners for home improvements.
(ix) Proof of liability insurance covering personal injury in an amount not less than $50,000 and insurance covering property damage caused by the work of a home improvement contractor in an amount not less than $50,000. For the purpose of this subparagraph, proof of insurance may include information attested to by an applicant that the applicant is self-insured and the bureau shall develop forms for this purpose and make them available to applicants. The bureau may determine the sufficiency of the self-insurance and the manner in which it is maintained in compliance with this act. ((ix) amended July 7, 2011, P.L.262, No.52)
(2) Information requested in paragraph (1)(i) through (v) shall be for a ten-year period, prior to the time of registration. The applicant shall provide information prior to the last ten years, or as further clarification of the information provided, if the bureau requests such information.
(b) Reporting of multiple registrations or licensures.--Any registered contractor in this Commonwealth who is registered or licensed as a home improvement contractor in any other state, or political subdivision thereof, shall report this information to the bureau on the initial registration and biennial registration application. Any disciplinary action taken in such other jurisdiction shall be reported to the bureau on the initial registration application or, if such action occurred subsequent to submission of an initial application, on the biennial registration application or within 90 days of final disposition, whichever is sooner. Multiple registrations or licensures shall be noted by the bureau on the contractor's registration, and such state, or political subdivision thereof, shall be notified by the bureau of any disciplinary actions taken against such contractor in this Commonwealth.
(c) Reporting of changes in registration information.--Any contractor required to register under this act shall update the information required to be included in the contractor's application for registration within 30 days after any change in the required information. No fee shall be required for updating the information in an active registration. ((c) added Oct. 22, 2014, P.L.2567, No.160)
Pa. Home Improvement Act, Section 6
Section 6. Proof of registration. A contractor shall include its registration number in all advertisements distributed within this Commonwealth and on all contracts, estimates and proposals with owners in this Commonwealth. This section shall apply to all advertisements, contracts, estimates and proposals created by a contractor after the effective date of this act.
Pa. Home Improvement Act, Section 9
Section 9. Prohibited acts.
No person shall:
(1) Fail to register as required by this act.
(2) Fail to refund the amount paid for a home improvement within ten days of either the acceptance and execution of a return receipt for certified mail containing a written request for a refund or the refusal to accept the certified mail sent to the contractor's last known address if all of the following apply:
(i) No substantial portion of the contracted work has been performed at the time of the request.
(ii) More than 45 days have elapsed since the starting date specified in the written contract.
(3) Accept a municipal certificate of occupancy or other proof that performance of a home improvement contract is complete or satisfactorily concluded with knowledge that the document or proof is false and the performance is incomplete.
(4) Utter, offer or use a completion certificate or other proof that a home improvement contract is complete or satisfactorily concluded when the person knows or has reason to know that the document or proof is false and is made to accomplish any of the following:
(i) Make or accept an assignment or negotiation of the right to receive payment under a home improvement contract.
(ii) Get or grant credit or a loan on security of the right to receive payment under a home improvement contract.
(5) Abandon or fail to perform, without justification, any home improvement contract or project engaged in or undertaken by a contractor. For the purposes of this paragraph, the term "justification" shall include nonpayment by the owner as required under the contract or any other violation of the contract by the owner.
(6) Deviate from or disregard plans or specifications, in any material respect, without a written change order dated and signed by both the contractor and owner, which contains the accompanying price changes for each deviation.
(7) Prepare, arrange, accept or participate in the financing of a home improvement contract with knowledge that the home improvement contract states a greater monetary obligation than the actual price of the home improvement.
(8) Advertise or offer, by any means, to perform a home improvement if the person does not intend to do any of the following:
(i) Accept a home improvement contract.
(ii) Perform the home improvement.
(iii) Charge for the home improvement at the price advertised or offered.
(9) Demand or receive any payment for a home improvement before the home improvement contract is signed.
(10) (i) Except as provided under subparagraph (ii), for a home improvement contract in which the total price is more than $5,000, receive a deposit in excess of:
(A) one-third of the home improvement contract price; or
(B) one-third of the home improvement contract price plus the cost of special order materials that will be ordered, as designated in the written contract.
(ii) The provisions of subparagraph (i) shall not apply to a home improvement retailer, regardless of net worth, who does all of the following:
(A) Posts an irrevocable letter of credit payable to the bureau for the use and benefit of every person protected by the provisions of this subparagraph in a form approved by the bureau, in the amount of $100,000 per store location but not to exceed $2,000,000 for a home improvement retailer that has multiple stores.
(B) Ensures that its contractors are registered under this act and have proof of liability insurance as defined in section 4(a)(1)(ix).
(iii) In the event of a dispute with a home improvement retailer or a contractor authorized to do work on behalf of the home improvement retailer, an owner may file with the bureau a complaint against the home improvement retailer and request a draw upon the home improvement retailer's letter of credit. The following shall apply:
(A) Upon receipt of a complaint, the bureau shall notify the home improvement retailer and investigate the complaint.
(B) Upon a determination by the bureau that the home improvement retailer is in default of the contract, the bureau may, after providing notice to the home improvement retailer, draw upon the irrevocable letter of credit to satisfy a consumer's complaint as part of its mediation process or a civil action brought under the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law.
(C) A home improvement retailer with two draws on an irrevocable letter of credit within a two-year period issued for the purposes of this subparagraph shall be prohibited from posting an irrevocable letter of credit for purposes of this subparagraph for a period of five years beginning from the date of the second draw and shall be required to comply with subparagraph (i).
((10) amended July 7, 2011, P.L.262, No.52)
(11) While acting as a salesperson, fail to account for or remit to the contractor whom the salesperson represents a payment received in connection with a home improvement.
(12) Subsequent to entering into an agreement for home improvement services or materials, changes the name of the contractor's business, liability insurance information, the contractor's business address or any other identifying information in a fraudulent or deceptive manner likely to cause confusion or misunderstanding without advising the owner in writing within ten days following any such change.
Pa. Massage Therapy Act, Section 5
Section 5. Qualification for licensure.
(a) Applicants.--An applicant shall be considered to be qualified for a license if the applicant submits proof satisfactory to the board of all of the following:
(1) The applicant is of good moral character.
(2) The applicant has a high school diploma or its equivalent.
(3) The applicant has completed a massage program of at least 600 hours of in-class, postsecondary education instruction approved by the board at a regionally accredited college or university, Pennsylvania private licensed school or its equivalent as determined by the board. The program under this paragraph must include training in the human immunodeficiency virus and related risks and training in cardiopulmonary resuscitation.
(4) The applicant has passed an examination under section 7.
(5) The applicant has paid a fee as established by the board by regulation.
(6) The applicant has not been convicted of a felony under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or of an offense under the laws of another jurisdiction which, if committed in this Commonwealth, would be a felony under The Controlled Substance, Drug, Device and Cosmetic Act, unless the following apply:
(i) At least ten years have elapsed from the date of conviction.
(ii) The applicant satisfactorily demonstrates to the board that the applicant has made significant progress in personal rehabilitation since the conviction and that licensure of the applicant should not be expected to create a substantial risk of harm to the health and safety of the applicant's clients or the public or a substantial risk of further criminal violations.
(iii) The applicant otherwise satisfies the qualifications required under this act.
(b) Existing practitioners.--The board shall issue a license to an applicant who, on the effective date of this subsection, complies with all of the following paragraphs:
(1) Is able to demonstrate that the applicant has conducted a business and been an active participant in that business which was mainly the practice of massage therapy.
(2) Meets the qualifications described in subsection (a)(1), (2), (5) and (6).
(3) Complies with one of the following subparagraphs:
(i) Has been in active, continuous practice for at least five years immediately preceding the effective date of this section.
(ii) Has passed a massage therapy examination that is part of a certification program accredited by the National Commission for Certifying Agencies.
(iii) Has completed 500 hours of instruction in massage and related subjects from a massage therapy program approved by the board at a regionally accredited college or university, Pennsylvania private licensed school or its equivalent as determined by the board.
(iv) Has:
(A) passed the National Examination for State Licensure (NESL) offered through the National Certification Board for Therapeutic Massage and Bodywork (NCBTMB); and
(B) completed 100 hours of instruction in massage and related subjects.
(v) Has:
(A) passed the Massage and Bodywork Licensure Examination (MBLEx) offered through the Federation of State Massage Therapy Boards (FSMTB); and
(B) completed 100 hours of instruction in massage and related subjects.
(c) Temporary practice permit.--
(1) The board may issue a temporary practice permit to an applicant in order to permit the applicant to practice massage therapy during the six-month period after completion of the applicant's education program.
(2) The temporary practice permit issued under paragraph (1) shall be nonrenewable and shall expire on the earlier of:
(i) six months from the date of issuance; or
(ii) the date the applicant fails the licensing examination.
(d) Transferability.--A license and a temporary practice permit are not transferable.
(5 amended Sept. 18, 2009, P.L.442, No.45)
Pa. Physical Therapy Practice Act, Section 6
Section 6. Sections 6, 7 and 7.1 of the act, amended or added December 20, 1985 (P.L.500, No.117), are amended to read:
Section 6. Qualifications for License; Examinations; Failure of Examinations; Licensure Without Examination; Issuing of License; Foreign Applicants for Licensure; Temporary License; Perjury.--(a) To be eligible for licensure as a physical therapist, an applicant must be at least 20 years of age unless otherwise determined by the board in its discretion, be of good moral character, not be addicted to the habitual use of alcohol or narcotics or other habit-forming drugs, and be a graduate of a school offering an educational program in physical therapy as adopted by the board, which program has been approved for the education and training of physical therapists by the appropriate nationally recognized accrediting agency. [By the time of completion of] An applicant completing the professional study of physical therapy[, a physical therapist] after 2002 must hold a minimum of a master's degree from a regionally accredited institution of higher education. An applicant completing the professional study of physical therapy between January 1967 and 2002 must hold a minimum of a baccalaureate degree from a regionally accredited institution of higher education. In the case of those applicants who have completed requirements prior to the first day of January, 1967, but who may not technically or totally fulfill the above requirements, the board at its discretion and by the majority vote of all members present may accept evidence of satisfactory equivalence. The board shall not issue a license to an applicant who has been convicted of a felony under the act of April 14, 1972 (P.L.233, No.64), known as "The Controlled Substance, Drug, Device and Cosmetic Act," or of an offense under the laws of another jurisdiction which, if committed in this Commonwealth, would be a felony under "The Controlled Substance, Drug, Device and Cosmetic Act," unless:
(1) at least ten years have elapsed from the date of conviction;
(2) the applicant satisfactorily demonstrates to the board that he has made significant progress in personal rehabilitation since the conviction such that licensure of the applicant should not be expected to create a substantial risk of harm to the health and safety of patients or the public or a substantial risk of further criminal violations; and
(3) the applicant otherwise satisfies the qualifications contained in or authorized by this act.
As used in this subsection the term "convicted" includes a judgment, an admission of guilt or a plea of nolo contendere.
(b) An applicant for licensure must pass [a written] an examination approved by the board which shall test the applicant's knowledge of the basic and clinical sciences as they relate to physical therapy theory and physical therapy procedures and such other subjects as the board may deem necessary to test the applicant's fitness to practice physical therapy. No license shall be granted unless an applicant has attained passing scores established by the testing agency and published prior to the administration of the examination. The examination shall be held [within the Commonwealth of Pennsylvania twice a year] at such time and place as the board shall determine.
(c) In case of failure at the first examination, the applicant for licensure shall have, after the expiration of [six months] 60 days and within [two years] one year from the first failure, the privilege of a second examination. The board may adopt regulations governing the eligibility of applicants who have failed to pass two examinations in order to be admitted to subsequent examinations. An applicant may take the examination no more than three times in a consecutive 12-month period.
(d.1) The board may grant licenses and [registrations] certifications without further examination to individuals from another state, territory or the District of Columbia if the following conditions exist:
(1) Licensing or [registration] certification standards in the other state, territory or the District of Columbia are substantially the same as those of this act.
(2) Similar privileges are accorded [persons] individuals licensed or [registered] certified in this Commonwealth.
(3) The applicant holds a valid license [or registration], registration or certification issued by the other state, territory or the District of Columbia.
(4) The applicant complies with the rules and regulations of the board.
(e) The board shall issue a license to a physical therapist who successfully establishes his eligibility under the terms of this act and [any person] an individual who holds a license pursuant to this section may use the words physical therapist or licensed physical therapist and he [may] shall use the letters [LPT] PT in connection with his name or place of business to denote his licensure hereunder. A licensed physical therapist may include designations for physical therapy degrees, including MPT and DPT when a master's or doctor's of physical therapy degree has been earned from a regionally accredited institution of higher education, academic degrees, specialist certification and other credentials after the letters PT.
(f) [Foreign trained physical therapists who desire and apply to be licensed as a physical therapist by the board shall, before examination, furnish proof as to age, moral character, and no addiction to the use of alcohol or narcotics or other habit-forming drugs, and shall present proof indicating the completion of educational requirements substantially equal to those in subsection (a). In addition thereto] At the board's discretion, the foreign trained applicant must complete[, at the board's discretion,] up to one year of supervised clinical experience as prescribed by the board prior to taking the examination for licensure.
(g) Upon the submission of [a written application, on forms provided by it] an application as provided by the board, the board shall issue a temporary license to an applicant for licensure who has met all of the requirements of subsection (a) and who is eligible to take the examination provided for in subsection (b). The board shall issue only one temporary license to an applicant, and such temporary license shall expire upon failure of the first examination or six months after the date of issue, whichever first occurs. Issuance by the board of a temporary license shall permit the applicant to practice physical therapy only while under the direct on-premises supervision of a licensed physical therapist with at least two years of experience. Upon expiration, the temporary license shall be promptly returned by the applicant to the board.
(h) Any applicant who knowingly or willfully makes a false statement of fact in any application shall be subject to prosecution for perjury.
(i) An applicant for licensure who has been educated outside of the United States shall:
(1) Complete the application process, including payment of fees.
(2) Provide proof of holding an unrestricted license in the country where the applicant was educated.
(3) Provide satisfactory evidence that the applicant's education is substantially equivalent to the education of physical therapists educated in an accredited program as determined by the board. Graduation outside the United States from a professional education program accredited by the same accrediting agency that the board approves for programs within the United States constitutes evidence of substantial equivalency. In all other instances, "substantially equivalent" means that an applicant for licensure educated outside the United States shall have:
(i) Graduated from a physical therapist education program that prepares the applicant to engage without restriction in the practice of physical therapy.
(ii) Provided written proof that the applicant's school of physical therapy is recognized by its own ministry of education.
(iii) Undergone a credentials evaluation as directed by the board that determines that the candidate has met uniform criteria for education requirements as further established by this rule.
(iv) Completed any additional education as required by the board.
(4) Comply with all State, Federal and administrative laws and regulations related to the application for and maintenance of licensure.
(5) Pass the examination approved by the board.
(6) Meet the requirements established by board regulations if applicable.
(j) Each licensee and certificate holder shall display a copy of the licensee's license or certificate holder's certificate in a location accessible to public view and produce a copy immediately upon request.
Section 7. Renewal of License.--Each license issued under the provisions of this act shall be renewed biennially. On or before November 1 of each renewal year, the board shall mail an application for renewal of license to each [person] individual to whom a license was issued or renewed during the current licensing period, which application shall be mailed to the most recent address of said [person] individual as it appears on the records of the board. Such [person] individual shall complete the renewal application and [return] submit it to the board with a renewal fee before December 31 of the year in which said application was received. Upon receipt of any such application and fee, the board shall verify the accuracy of such application and issue to the applicant a certificate of renewal of license for the next licensing period as described above. The renewal fee for each licensing period shall be set by regulation.
Section 7.1. Reporting of Multiple Licensure.--Any licensed physical therapist or [registered] certified physical therapist assistant of this Commonwealth who is also licensed to practice physical therapy or [registered] certified as a physical therapist assistant in any other state, territory or country shall report this information to the board on the biennial registration application. Any disciplinary action taken in such other jurisdiction shall be reported to the board on the biennial registration application, or within [90] 30 days of final disposition, whichever occurs sooner. Multiple licensure or [registration] certification shall be noted by the board on the physical therapist or physical therapist assistant's record, and such state, territory or country shall be notified by the board of any disciplinary actions taken against said physical therapist or physical therapist assistant in this Commonwealth.
Pa. Physical Therapy Practice Act, Section 6
Section 6. Qualifications for License; Examinations; Failure of Examinations; Licensure Without Examination; Issuing of License; Foreign Applicants for Licensure; Temporary License; Perjury.--(a) To be eligible for licensure as a physical therapist, an applicant must be at least 20 years of age unless otherwise determined by the board in its discretion, be of good moral character, not be addicted to the habitual use of alcohol or narcotics or other habit-forming drugs, and be a graduate of a school offering an educational program in physical therapy as adopted by the board, which program has been approved for the education and training of physical therapists by the appropriate nationally recognized accrediting agency. An applicant completing the professional study of physical therapy after 2002 must hold a minimum of a master's degree from a regionally accredited institution of higher education. An applicant completing the professional study of physical therapy between January 1967 and 2002 must hold a minimum of a baccalaureate degree from a regionally accredited institution of higher education. In the case of those applicants who have completed requirements prior to the first day of January, 1967, but who may not technically or totally fulfill the above requirements, the board at its discretion and by the majority vote of all members present may accept evidence of satisfactory equivalence. The board shall not issue a license to an applicant who has been convicted of a felony under the act of April 14, 1972 (P.L.233, No.64), known as "The Controlled Substance, Drug, Device and Cosmetic Act," or of an offense under the laws of another jurisdiction which, if committed in this Commonwealth, would be a felony under "The Controlled Substance, Drug, Device and Cosmetic Act," unless:
(1) at least ten years have elapsed from the date of conviction;
(2) the applicant satisfactorily demonstrates to the board that he has made significant progress in personal rehabilitation since the conviction such that licensure of the applicant should not be expected to create a substantial risk of harm to the health and safety of patients or the public or a substantial risk of further criminal violations; and
(3) the applicant otherwise satisfies the qualifications contained in or authorized by this act.
As used in this subsection the term "convicted" includes a judgment, an admission of guilt or a plea of nolo contendere.
(b) An applicant for licensure must pass an examination approved by the board which shall test the applicant's knowledge of the basic and clinical sciences as they relate to physical therapy theory and physical therapy procedures and such other subjects as the board may deem necessary to test the applicant's fitness to practice physical therapy. No license shall be granted unless an applicant has attained passing scores established by the testing agency and published prior to the administration of the examination. The examination shall be held at such time and place as the board shall determine.
(c) In case of failure at the first examination, the applicant for licensure shall have, after the expiration of 60 days and within one year from the first failure, the privilege of a second examination. The board may adopt regulations governing the eligibility of applicants who have failed to pass two examinations in order to be admitted to subsequent examinations. An applicant may take the examination no more than three times in a consecutive 12-month period.
(d.1) The board may grant licenses and certifications without further examination to individuals from another state, territory or the District of Columbia if the following conditions exist:
(1) Licensing or certification standards in the other state, territory or the District of Columbia are substantially the same as those of this act.
(2) Similar privileges are accorded individuals licensed or certified in this Commonwealth.
(3) The applicant holds a valid license, registration or certification issued by the other state, territory or the District of Columbia.
(4) The applicant complies with the rules and regulations of the board.
(e) The board shall issue a license to a physical therapist who successfully establishes his eligibility under the terms of this act and an individual who holds a license pursuant to this section may use the words physical therapist or licensed physical therapist and he shall use the letters PT in connection with his name or place of business to denote his licensure hereunder. A licensed physical therapist may include designations for physical therapy degrees, including MPT and DPT when a master's or doctor's of physical therapy degree has been earned from a regionally accredited institution of higher education, academic degrees, specialist certification and other credentials after the letters PT.
(f) At the board's discretion, the foreign trained applicant must complete up to one year of supervised clinical experience as prescribed by the board prior to taking the examination for licensure.
(g) Upon the submission of an application as provided by the board, the board shall issue a temporary license to an applicant for licensure who has met all of the requirements of subsection (a) and who is eligible to take the examination provided for in subsection (b). The board shall issue only one temporary license to an applicant, and such temporary license shall expire upon failure of the first examination or six months after the date of issue, whichever first occurs. Issuance by the board of a temporary license shall permit the applicant to practice physical therapy only while under the direct on-premises supervision of a licensed physical therapist with at least two years of experience. Upon expiration, the temporary license shall be promptly returned by the applicant to the board.
(h) Any applicant who knowingly or willfully makes a false statement of fact in any application shall be subject to prosecution for perjury.
(i) An applicant for licensure who has been educated outside of the United States shall:
(1) Complete the application process, including payment of fees.
(2) Provide proof of holding an unrestricted license in the country where the applicant was educated.
(3) Provide satisfactory evidence that the applicant's education is substantially equivalent to the education of physical therapists educated in an accredited program as determined by the board. Graduation outside the United States from a professional education program accredited by the same accrediting agency that the board approves for programs within the United States constitutes evidence of substantial equivalency. In all other instances, "substantially equivalent" means that an applicant for licensure educated outside the United States shall have:
(i) Graduated from a physical therapist education program that prepares the applicant to engage without restriction in the practice of physical therapy.
(ii) Provided written proof that the applicant's school of physical therapy is recognized by its own ministry of education.
(iii) Undergone a credentials evaluation as directed by the board that determines that the candidate has met uniform criteria for education requirements as further established by this rule.
(iv) Completed any additional education as required by the board.
(4) Comply with all State, Federal and administrative laws and regulations related to the application for and maintenance of licensure.
(5) Pass the examination approved by the board.
(6) Meet the requirements established by board regulations if applicable.
(j) Each licensee and certificate holder shall display a copy of the licensee's license or certificate holder's certificate in a location accessible to public view and produce a copy immediately upon request.
(6 amended July 4, 2008, P.L.293, No.38)
Compiler's Note: Section 16 of Act 38 of 2008, which amended section 6, provided that the State Board of Physical Therapy shall promulgate regulations to implement the amendment or addition of sections 2, 2.1, 3, 4, 5, 6, 7, 7.1, 7.2, 9, 9.1(a), (a.1), (b), (d), (e), (f), (g) and (j), 11, 11.1, 11.2, 11.3, 12 and 13 of the act within 18 months of the effective date of this section. Until such time as the board promulgates rules and regulations regarding issue, renewal, revocation or suspension of physical therapist assistants, the current rules and regulations shall remain in effect.
Pa. Physical Therapy Practice Act, Section 8
Section 8. Section 9 of the act, amended February 21, 2002 (P.L.90, No.6), is amended to read:
Section 9. Practice of Physical Therapy.--(a) Except as provided in subsection (b), no [person] individual licensed under this act as a physical therapist shall treat human ailments by physical therapy or otherwise except by the referral of [a person] an individual licensed as a physician, a licensed physician assistant practicing pursuant to a written agreement with a physician or a certified registered nurse practitioner practicing pursuant to a collaborative agreement with a physician; however, a physical therapist shall be permitted to accept the referral of a licensed dentist or podiatrist [licensed], for the treatment of a condition that is within the scope of practice of dentistry or podiatry. Nothing in this act shall be construed as authorization for a physical therapist to practice any branch of the healing arts except as described in this act. [Any person violating the provisions of this act shall be guilty of a misdemeanor as described in section 12.] For purposes of this section, relating to referrals, a licensed physician, dentist or podiatrist means an individual holding an active license in this Commonwealth, the District of Columbia or any other state or United States territory.
(b) Licensees who meet the standards set forth in this subsection may apply to the board for a certificate of authorization to practice physical therapy under this act without the required referral under subsection (a). A certificate of authorization to practice physical therapy without a referral under subsection (a) shall not authorize a physical therapist either to treat a condition in [any person] an individual which is a nonneurologic, nonmuscular or nonskeletal condition or to treat [a person] an individual who has an acute cardiac or acute pulmonary condition unless the physical therapist has consulted with the [person's] individual's licensed physician, dentist or podiatrist regarding the [person's] individual's condition and the physical therapy treatment plan or has referred the [person] individual to a licensed physician, dentist or podiatrist for diagnosis and referral. The certificate of authorization shall be issued only to licensed physical therapists practicing physical therapy. The certificate of authorization shall be displayed by the certificate holder in a manner conspicuous to the public. The renewal of the certificate of authorization shall coincide with the renewal of the license of the licensee. Licensees making application for a certificate of authorization shall present satisfactory evidence to the board of all of the following:
(1) That the licensee has:
(i) passed an examination for licensure to practice physical therapy, which examination included testing on the appropriate evaluative procedures to treat [a person] an individual without a referral; or
(ii) passed an examination for licensure to practice physical therapy prior to 1990 and successfully completed a course approved by the board on the appropriate evaluative procedures to treat [a person] an individual without a referral.
(2) That the licensee has:
(i) practiced physical therapy as a licensed physical therapist in the delivery of patient care in accordance with this act on a continuous basis for at least two years immediately preceding the application for a certificate of authorization;
(ii) been licensed under section 6(d.1) and has practiced physical therapy in the delivery of patient care as a licensed physical therapist in a reciprocal state on a continuous basis for at least two years immediately preceding the application for a certificate of authorization; or
(iii) provided proof of meeting the standards of clause (i) or (ii) of this paragraph through the application of any combination thereof.
(3) That the license of that licensee has been maintained in good standing.
(4) That the licensee has professional liability insurance in accordance with the following provisions:
[(i) Beginning with the first license renewal period at least two years after the effective date of this subsection or upon first making application for a certificate of authorization, whichever occurs earlier, any licensee applying for and obtaining a certificate of authorization shall obtain and maintain, to the satisfaction of the board, professional liability insurance coverage in the minimum amounts required to be maintained by physicians pursuant to the act of October 15, 1975 (P.L.390, No.111), known as the "Health Care Services Malpractice Act." The professional liability insurance coverage shall remain in effect as long as that licensee has a certificate of authorization.]
(ii) A licensee shall notify the board within 30 days of the licensee's failure to be covered by the required insurance. Failure to notify the board shall be actionable under section 11 or 12. Further, the certificate of authorization of that licensee shall automatically be suspended upon failure to be covered by the required insurance and shall not be restored until submission to the board of satisfactory evidence that the licensee has the required professional liability insurance coverage.
(iii) The board shall accept from licensees as satisfactory evidence of insurance coverage under this subsection any or all of the following: self-insurance, personally purchased professional liability insurance, professional liability insurance coverage provided by the licensee's employer or any similar type of coverage.
(iii.1) A licensee under this act, practicing in this Commonwealth, shall maintain a level of professional liability insurance coverage in the minimum amount of $1,000,000 per occurrence or claims made. Failure to maintain insurance coverage as required shall subject the licensee to disciplinary proceedings. The board shall accept as satisfactory evidence of insurance coverage any of the following:
(A) self-insurance;
(B) personally purchased liability insurance; or
(C) professional liability insurance coverage provided by the physical therapist's employer or similar insurance coverage acceptable to the board.
(iii.2) A license applicant shall provide proof that the applicant has obtained professional liability insurance in accordance with subparagraph (iii.1). It is sufficient if the applicant files with the application a copy of a letter from the applicant's professional liability insurance carrier indicating that the applicant will be covered against professional liability in the required amounts effective upon the issuance of the applicant's license to practice physical therapy in this Commonwealth.
(iii.3) Upon issuance of a license, a licensee has 30 days to submit to the board the certificate of insurance or a copy of the policy declaration page.
(iv) The board shall adopt, by regulation, standards and procedures established by the Insurance Commissioner for self-insurance. In the absence of these standards and procedures, the board, after consultation with the Insurance Commissioner, shall establish standards and procedures by regulation for self-insurance under this subsection.
(c) (1) For each renewal of the certificate of authorization, the licensee shall complete within the immediately preceding two-year period at least [20] 30 hours of continuing physical therapy education related to keeping the certificate holder apprised of advancements and new developments in the practice of the physical therapy profession. At least ten of the [20] 30 hours shall be in appropriate evaluative procedures to treat [a person] an individual without a referral. No credit shall be given for any course in office management or practice building. The licensee shall provide the board with evidence of the completion of the continuing education.
(2) Continuing education programs and program providers under this subsection shall be approved by the board in accordance with standards and criteria established by the board by regulation. The regulation shall include any fees necessary to implement this provision and provide for waiver of the continuing education requirement due to illness or hardship in any licensing renewal period.
[(3) The requirements for continuing physical therapy education shall not apply until the first renewal of the certificate of authorization at least two years after the effective date of this subsection. No credit shall be given for any course in office management or practice building.]
(d) A physical therapist practicing physical therapy under this act shall refer patients to a licensed physician or other appropriate health care practitioner in any of the following cases:
(1) Cases where symptoms are present for which physical therapy is a contraindication.
(2) Cases for which treatment is outside the scope of practice of physical therapy.
(3) Cases for which treatment is beyond the education, expertise or experience of the physical therapist.
(e) A physical therapist may treat [a person] an individual without a referral as provided for in subsection (b) for up to 30 days from the date of the first treatment. A physical therapist shall not treat [a person] an individual beyond 30 days from the date of the first treatment unless he or she has obtained a referral from a licensed physician[, dentist or podiatrist.]; a licensed physician assistant practicing pursuant to a written agreement with a physician; a certified registered nurse practitioner practicing pursuant to a collaborative agreement with a physician; or a licensed dentist or licensed podiatrist, for the treatment of a condition that is within the scope of practice of dentistry or podiatry. The date of the first treatment for purposes of this subsection is the date the [person] individual is treated by any physical therapist treating without a referral.
(f) Nothing in this section shall be construed to require or preclude third-party insurance reimbursement. Nothing herein shall preclude an insurer or other third-party payor from requiring that a physical therapist obtain a referral from a licensed physician[, dentist or podiatrist or]; a licensed physician assistant practicing pursuant to a written agreement with a physician; a certified registered nurse practitioner practicing pursuant to a collaborative agreement with a physician; or a licensed dentist or licensed podiatrist, for the treatment of a condition that is within the scope of practice of dentistry or podiatry; or that a physical therapist file an evaluation and treatment plan with the insurer or third-party payor as a precondition of reimbursement.
Pa. Physical Therapy Practice Act, Section 9
Section 9. Practice of Physical Therapy.--(a) Except as provided in subsection (b), no individual licensed under this act as a physical therapist shall treat human ailments by physical therapy or otherwise except by the referral of an individual licensed as a physician, a licensed physician assistant practicing pursuant to a written agreement with a physician or a certified registered nurse practitioner practicing pursuant to a collaborative agreement with a physician; however, a physical therapist shall be permitted to accept the referral of a licensed dentist or podiatrist, for the treatment of a condition that is within the scope of practice of dentistry or podiatry. Nothing in this act shall be construed as authorization for a physical therapist to practice any branch of the healing arts except as described in this act. For purposes of this section, relating to referrals, a licensed physician, dentist or podiatrist means an individual holding an active license in this Commonwealth, the District of Columbia or any other state or United States territory. (b) Licensees who meet the standards set forth in this subsection may apply to the board for a certificate of authorization to practice physical therapy under this act without the required referral under subsection (a). A certificate of authorization to practice physical therapy without a referral under subsection (a) shall not authorize a physical therapist either to treat a condition in an individual which is a nonneurologic, nonmuscular or nonskeletal condition or to treat an individual who has an acute cardiac or acute pulmonary condition unless the physical therapist has consulted with the individual's licensed physician, dentist or podiatrist regarding the individual's condition and the physical therapy treatment plan or has referred the individual to a licensed physician, dentist or podiatrist for diagnosis and referral. The certificate of authorization shall be issued only to licensed physical therapists practicing physical therapy. The certificate of authorization shall be displayed by the certificate holder in a manner conspicuous to the public. The renewal of the certificate of authorization shall coincide with the renewal of the license of the licensee. Licensees making application for a certificate of authorization shall present satisfactory evidence to the board of all of the following: (1) That the licensee has: (i) passed an examination for licensure to practice physical therapy, which examination included testing on the appropriate evaluative procedures to treat an individual without a referral; or (ii) passed an examination for licensure to practice physical therapy prior to 1990 and successfully completed a course approved by the board on the appropriate evaluative procedures to treat an individual without a referral. (2) That the licensee has: (i) practiced physical therapy as a licensed physical therapist in the delivery of patient care in accordance with this act on a continuous basis for at least two years immediately preceding the application for a certificate of authorization; (ii) been licensed under section 6(d.1) and has practiced physical therapy in the delivery of patient care as a licensed physical therapist in a reciprocal state on a continuous basis for at least two years immediately preceding the application for a certificate of authorization; or (iii) provided proof of meeting the standards of clause (i) or (ii) of this paragraph through the application of any combination thereof. (3) That the license of that licensee has been maintained in good standing. (4) That the licensee has professional liability insurance in accordance with the following provisions: (i) (Deleted by amendment). (ii) A licensee shall notify the board within 30 days of the licensee's failure to be covered by the required insurance. Failure to notify the board shall be actionable under section 11 or 12. Further, the certificate of authorization of that licensee shall automatically be suspended upon failure to be covered by the required insurance and shall not be restored until submission to the board of satisfactory evidence that the licensee has the required professional liability insurance coverage. (iii) The board shall accept from licensees as satisfactory evidence of insurance coverage under this subsection any or all of the following: self-insurance, personally purchased professional liability insurance, professional liability insurance coverage provided by the licensee's employer or any similar type of coverage. (iii.1) A licensee under this act, practicing in this Commonwealth, shall maintain a level of professional liability insurance coverage in the minimum amount of $1,000,000 per occurrence or claims made. Failure to maintain insurance coverage as required shall subject the licensee to disciplinary proceedings. The board shall accept as satisfactory evidence of insurance coverage any of the following: (A) self-insurance; (B) personally purchased liability insurance; or (C) professional liability insurance coverage provided by the physical therapist's employer or similar insurance coverage acceptable to the board. (iii.2) A license applicant shall provide proof that the applicant has obtained professional liability insurance in accordance with subparagraph (iii.1). It is sufficient if the applicant files with the application a copy of a letter from the applicant's professional liability insurance carrier indicating that the applicant will be covered against professional liability in the required amounts effective upon the issuance of the applicant's license to practice physical therapy in this Commonwealth. (iii.3) Upon issuance of a license, a licensee has 30 days to submit to the board the certificate of insurance or a copy of the policy declaration page. (iv) The board shall adopt, by regulation, standards and procedures established by the Insurance Commissioner for self- insurance. In the absence of these standards and procedures, the board, after consultation with the Insurance Commissioner, shall establish standards and procedures by regulation for self- insurance under this subsection. (c) (1) For each renewal of the certificate of authorization, the licensee shall complete within the immediately preceding two-year period at least 30 hours of continuing physical therapy education related to keeping the certificate holder apprised of advancements and new developments in the practice of the physical therapy profession. At least ten of the 30 hours shall be in appropriate evaluative procedures to treat an individual without a referral. No credit shall be given for any course in office management or practice building. The licensee shall provide the board with evidence of the completion of the continuing education. (2) Continuing education programs and program providers under this subsection shall be approved by the board in accordance with standards and criteria established by the board by regulation. The regulation shall include any fees necessary to implement this provision and provide for waiver of the continuing education requirement due to illness or hardship in any licensing renewal period. (3) (Deleted by amendment). (d) A physical therapist practicing physical therapy under this act shall refer patients to a licensed physician or other appropriate health care practitioner in any of the following cases: (1) Cases where symptoms are present for which physical therapy is a contraindication. (2) Cases for which treatment is outside the scope of practice of physical therapy. (3) Cases for which treatment is beyond the education, expertise or experience of the physical therapist. (e) A physical therapist may treat an individual without a referral as provided for in subsection (b) for up to 30 days from the date of the first treatment. A physical therapist shall not treat an individual beyond 30 days from the date of the first treatment unless he or she has obtained a referral from a licensed physician; a licensed physician assistant practicing pursuant to a written agreement with a physician; a certified registered nurse practitioner practicing pursuant to a collaborative agreement with a physician; or a licensed dentist or licensed podiatrist, for the treatment of a condition that is within the scope of practice of dentistry or podiatry. The date of the first treatment for purposes of this subsection is the date the individual is treated by any physical therapist treating without a referral. (f) Nothing in this section shall be construed to require or preclude third-party insurance reimbursement. Nothing herein shall preclude an insurer or other third-party payor from requiring that a physical therapist obtain a referral from a licensed physician; a licensed physician assistant practicing pursuant to a written agreement with a physician; a certified registered nurse practitioner practicing pursuant to a collaborative agreement with a physician; or a licensed dentist or licensed podiatrist, for the treatment of a condition that is within the scope of practice of dentistry or podiatry; or that a physical therapist file an evaluation and treatment plan with the insurer or third-party payor as a precondition of reimbursement. (9 amended July 4, 2008, P.L.293, No.38)
Compiler's Note: Section 16 of Act 38 of 2008, which amended
section 9, provided that the State Board of Physical
Therapy shall promulgate regulations to implement the
amendment or addition of sections 2, 2.1, 3, 4, 5, 6, 7,
7.1, 7.2, 9, 9.1(a), (a.1), (b), (d), (e), (f), (g) and
(j), 11, 11.1, 11.2, 11.3, 12 and 13 of the act within 18
months of the effective date of this section. Until such
time as the board promulgates rules and regulations
regarding issue, renewal, revocation or suspension of
physical therapist assistants, the current rules and
regulations shall remain in effect.
Compiler's Note: Section 4 of Act 48 of 2007 provided that
subsection (a) is repealed insofar as it is inconsistent
with the amendment of section 8.2 of Act 69 of 1951 and
the addition of section 8.7 of Act 69 of 1951.
Pa. Psychology Practice Act, Section 6
Section 6. Qualifications for License.--(a) An applicant shall be qualified for a license to practice psychology after submission of proof satisfactory to the board that the applicant:
(1) is of acceptable moral character; and
(2) is either (i) a graduate of an accredited college or university holding a degree of Doctor of Philosophy in psychology, Doctor of Psychology, or Doctor of Education in psychology and has not less than two years of supervised experience, provided that such experience is acceptable to the board pursuant to criteria established by board regulations, or (ii) a graduate of an accredited college or university holding a doctoral degree in a field related to psychology and has not less than two years of supervised experience, provided such experience and training are acceptable to the board as being equivalent to the above pursuant to criteria established by board regulations; and
(3) has passed an examination duly adopted by the board; and
(4) has paid all appropriate fees in the amount determined by the board by regulation; and
(5) has not been convicted of a felony under the act of April 14, 1972 (P.L.233, No.64), known as "The Controlled Substance, Drug, Device and Cosmetic Act," or of an offense under the laws of another jurisdiction which if committed in this Commonwealth would be a felony under "The Controlled Substance, Drug, Device and Cosmetic Act," unless:
(i) at least ten years have elapsed from the date of conviction;
(ii) the applicant satisfactorily demonstrates to the board that he has made significant progress in personal rehabilitation since the conviction such that licensure of the applicant should not be expected to create a substantial risk of harm to the health and safety of his patients or the public or a substantial risk of further criminal violations; and
(iii) the applicant otherwise satisfies the qualifications contained in or authorized by this act.
As used in this clause the term "convicted" shall include a judgment, an admission of guilt or a plea of nolo contendere.
(b) Each applicant shall submit an affidavit or affirmation of the applicant as to the verity of the application. Any applicant who knowingly or willfully makes a false statement of fact in his application shall be subject to prosecution for perjury.
(c) In case of failure at any examination, the applicant shall have the privilege of a second examination by the board with the payment of an additional fee. The board may adopt regulations governing the eligibility of applicants who have failed to pass two examinations in order to be admitted to subsequent examinations.
(6 amended June 23, 2016, P.L.379, No.53)
Pa. Social Workers Act, Section 7
Section 7. Qualifications for license.
(a) Social work license.--An applicant shall be qualified for a license to hold oneself out as a licensed social worker, provided he or she submits proof satisfactory to the board that:
(1) He or she is of good moral character. In assessing the moral character of an applicant with a criminal conviction, the board shall conduct an individualized assessment in accordance with 63 Pa.C.S. § 3113 (relating to consideration of criminal convictions). ((1) amended Mar. 28, 2024, P.L.11, No.4)
(2) He or she has received a master's degree from an accredited school of social work or social welfare or a doctoral degree in social work.
(3) He or she has passed an examination duly adopted by the board.
(4) His or her application has been accompanied by the application fee.
(5) He or she has not been convicted of a felony under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or of an offense under the laws of another jurisdiction, which, if committed in this Commonwealth, would be a felony under The Controlled Substance, Drug, Device and Cosmetic Act, unless:
(i) at least ten years have elapsed from the date of conviction;
(ii) the applicant satisfactorily demonstrates to the board that he or she has made significant progress in personal rehabilitation since the conviction, such that licensure of the applicant should not be expected to create a substantial risk of harm to the health and safety of his or her clients or the public or a substantial risk of further criminal violations; and
(iii) the applicant otherwise satisfies the qualifications contained in or authorized by this act.
As used in this paragraph, the term "convicted" shall include a judgment, an admission of guilt or a plea of nolo contendere.
(b) Provisional social work license.--((b) deleted by amendment Oct. 22, 2014, P.L.2884, No.179)
(c) Limitation on provisional social work licenses.--((c) deleted by amendment Oct. 22, 2014, P.L.2884, No.179)
(c.1) Limitations on bachelor social work license.--Licensed bachelor social workers are not qualified to diagnose mental illness nor provide psychotherapy services, as described in 55 Pa. Code § 1153.52 (relating to payment conditions for various services). A licensed bachelor social worker must work under the direction of an individual who is able to supervise and direct the activities of the licensed bachelor social worker. Licensed bachelor social workers may not practice in a private setting, practice independently or engage in clinical social work practice or hold themselves out as licensed social workers or licensed clinical social workers. Bachelor social workers are not permitted to bill a health insurance plan for services rendered under this license. ((c.1) added Oct. 22, 2014, P.L.2884, No.179)
(d) Clinical social work license.--An applicant shall be qualified for a license to hold oneself out as a licensed clinical social worker if the applicant submits proof satisfactory to the board that all of the following apply:
(1) The applicant is of good moral character. In assessing the moral character of an applicant with a criminal conviction, the board shall conduct an individualized assessment in accordance with 63 Pa.C.S. § 3113. ((1) amended Mar. 28, 2024, P.L.11, No.4)
(2) The applicant has successfully met both of the following requirements:
(i) Holds a master's degree in social work or social welfare or a doctoral degree in social work from an accredited school of social work as recognized by the board.
(ii) Is licensed under this act as a social worker.
(3) The applicant has completed at least 3,000 hours of supervised clinical experience or holds an Academy of Certified Social Workers certificate issued prior to January 1, 2001, by the National Association of Social Workers or otherwise meets the supervision expectation in a fashion acceptable to the board as determined by regulation after completion of the master's degree in social work.
(4) The applicant has passed a clinical social work examination adopted by the board.
(5) The applicant has submitted an application accompanied by the application fee.
(6) The applicant has not been convicted of a felony under The Controlled Substance, Drug, Device and Cosmetic Act or of an offense under the laws of another jurisdiction which, if committed in this Commonwealth, would be a felony under The Controlled Substance, Drug, Device and Cosmetic Act unless:
(i) at least ten years have elapsed from the date of conviction;
(ii) the applicant satisfactorily demonstrated to the board that the applicant has made significant progress in personal rehabilitation since the conviction such that licensure of the applicant should not be expected to create a substantial risk of harm to the health and safety of clients or the public or a substantial risk of further criminal violations; and
(iii) the applicant otherwise satisfies the qualifications contained in or authorized by this act.
As used in this paragraph, the term "convicted" includes a judgment, an admission of guilt or a plea of nolo contendere.
((d) amended Mar. 14, 2012, P.L.191, No.17)
(e) Marriage and family therapist license.--An applicant shall be qualified to hold oneself out as a licensed marriage and family therapist if the applicant submits proof satisfactory to the board that all of the following apply:
(1) The applicant is of good moral character. In assessing the moral character of an applicant with a criminal conviction, the board shall conduct an individualized assessment in accordance with 63 Pa.C.S. § 3113. ((1) amended Mar. 28, 2024, P.L.11, No.4)
(2) The applicant has successfully met one of the following educational requirements:
(i) Has successfully completed a planned program of 60 semester hours or 90 quarter hours of graduate coursework which is closely related to marriage and family therapy, including a master's degree granted on or before June 30, 2009, in marriage and family therapy from an accredited educational institution or a master's degree granted on or before June 30, 2009, in a field determined by the board by regulation to be closely related to the practice of marriage and family therapy from an accredited educational institution, with graduate level coursework in marriage and family therapy acceptable to the board from an accredited educational institution or from a program recognized by a national accrediting agency.
(ii) Has successfully completed a planned program of 60 semester hours or 90 quarter hours of graduate coursework which is closely related to marriage and family therapy, including a 48-semester-hour or 72-quarter-hour master's degree in marriage and family therapy from an accredited educational institution or a 48-semester-hour or 72-quarter-hour master's degree in a field determined by the board by regulation to be closely related to the practice of marriage and family therapy from an accredited educational institution, with graduate level coursework in marriage and family therapy acceptable to the board from an accredited educational institution or from a program recognized by a national accrediting agency.
(iii) holds a doctoral degree in marriage and family therapy from an accredited educational institution or holds a doctoral degree in a field determined by the board by regulation to be closely related to the practice of marriage and family therapy from an accredited educational institution with graduate level coursework in marriage and family therapy acceptable to the board from an accredited educational institution or from a program recognized by a national accrediting agency.
(3) The applicant has complied with the experience requirement as follows:
(i) An individual meeting the educational requirements of paragraph (2)(i) or (ii) must have completed at least 3,000 hours of supervised clinical experience, acceptable to the board as determined by regulation, obtained after being granted a master's degree. ((i) amended June 29, 2018, P.L.505, No.76)
(ii) An individual meeting the educational requirements of paragraph (2)(iii) must have completed at least 2,400 hours of supervised clinical experience, acceptable to the board as determined by regulation, 1,200 hours of which was obtained subsequent to the granting of the doctoral degree.
(4) The applicant has passed an examination adopted by the board.
(5) The application has been accompanied by the application fee.
(6) The applicant has not been convicted of a felony under The Controlled Substance, Drug, Device and Cosmetic Act or of an offense under the laws of another jurisdiction which if committed in this Commonwealth would be a felony under the Controlled Substance, Drug, Device and Cosmetic Act unless:
(i) at least ten years have elapsed from the date of conviction;
(ii) the applicant satisfactorily demonstrates to the board that the applicant has made significant progress in personal rehabilitation since the conviction such that licensure of the applicant should not be expected to create a substantial risk of harm to the health and safety of clients or the public or a substantial risk of further criminal violation; and
(iii) the applicant otherwise satisfies the qualifications contained in or authorized by this act.
As used in this paragraph, the term "convicted" includes a judgment, an admission of guilt or a plea of nolo contendere.
((e) amended Mar. 14, 2012, P.L.191, No.17)
(e.1) Associate marriage and family therapist license.--
(1) An applicant shall be qualified for a license to hold oneself out as a licensed associate marriage and family therapist if the applicant submits proof satisfactory to the board that all of the following apply:
(i) The applicant is at least 21 years of age.
(ii) The applicant is of good moral character. In assessing the moral character of an applicant with a criminal conviction, the board shall conduct an individualized assessment in accordance with 63 Pa.C.S. § 3113.
(iii) The applicant has satisfied the educational requirements under subsection (e)(2)(i), (ii) or (iii).
(iv) The applicant has submitted a supervision plan, including a detailed job description and each location where client contact and supervision will occur.
(v) The applicant has submitted the resume or curriculum vitae for each licensee who provides supervision acceptable to the board. A supervisor shall hold a current and active license to practice marriage and family therapy or to practice in a related field as approved by the board and shall have no less than five full-time years of experience or the equivalent in the prior ten years as specified by the board's regulations.
(vi) The applicant has submitted an application accompanied by the application fee of $75. The application fee may be altered by the board by regulation.
(vii) The applicant has not been convicted of a felony under The Controlled Substance, Drug, Device and Cosmetic Act, or of an offense under the laws of another jurisdiction, which, if committed in this Commonwealth, would be a felony under The Controlled Substance, Drug, Device and Cosmetic Act, unless:
(A) at least ten years have elapsed from the date of conviction;
(B) the applicant satisfactorily demonstrates to the board that the applicant has made significant progress in personal rehabilitation since the conviction, such that licensure of the applicant should not be expected to create a substantial risk of harm to the health and safety of the applicant's clients or the public or a substantial risk of further criminal violations; and
(C) the applicant otherwise satisfies the qualifications contained in or authorized by this act. As used in this paragraph, the term "convicted" shall include a judgment, an admission of guilt or a plea of nolo contendere.
(2) Renewal of an associate marriage and family therapist license shall be on a biennial basis, and the license shall be eligible for no more than three renewals. The applicant shall submit a renewal application accompanied by the renewal application fee of $95. The renewal application fee may be altered by the board by regulation.
((e.1) added Mar. 28, 2024, P.L.11, No.4)
(e.2) Limitations on associate marriage and family therapist license.--A licensed associate marriage and family therapist shall work under the supervision of a licensed marriage and family therapist or a related licensed professional as approved by the board who directs the activities of the licensed associate marriage and family therapist. A licensed associate marriage and family therapist shall not practice in a private setting without the direction of a supervisor. Nothing in this section shall be construed to prohibit a licensed associate marriage and family therapist from taking the required examination under subsection (e)(4) during the time between graduation and completing the required clinical supervised hours under subsection (e)(3) to meet the licensure requirements for a marriage and family therapist. ((e.2) added Mar. 28, 2024, P.L.11, No.4)
(f) Professional counselors license.--An applicant is qualified for a license to hold oneself out as a licensed professional counselor if the applicant submits proof satisfactory to the board that all of the following apply:
(1) The applicant is of good moral character. In assessing the moral character of an applicant with a criminal conviction, the board shall conduct an individualized assessment in accordance with 63 Pa.C.S. § 3113. ((1) amended Mar. 28, 2024, P.L.11, No.4)
(2) The applicant has successfully met one of the following educational requirements:
(i) Has successfully completed a planned program of 60 semester hours or 90 quarter hours of graduate coursework in counseling or a field determined by the board by regulation to be closely related to the practice of professional counseling, including a master's degree granted on or before June 30, 2009, in counseling or a field determined by the board by regulation to be closely related to the practice of professional counseling, from an accredited educational institution.
(ii) Has successfully completed a planned program of 60 semester hours or 90 quarter hours of graduate coursework in counseling or a field determined by the board by regulation to be closely related to the practice of professional counseling, including a 48-semester-hour or 72-quarter-hour master's degree in counseling or a field determined by the board by regulation to be closely related to the practice of professional counseling, from an accredited educational institution.
(iii) Holds a doctoral degree in counseling from an accredited educational institution or holds a doctoral degree in a field determined by the board by regulation to be closely related to the practice of professional counseling from an accredited educational institution.
(3) The applicant has complied with the experience requirements as follows:
(i) An individual meeting the educational requirements of paragraph (2)(i) or (ii) must have completed at least 3,000 hours of supervised clinical experience, acceptable to the board as determined by regulation, obtained after being granted a master's degree. ((i) amended June 29, 2018, P.L.505, No.76)
(ii) An individual meeting the educational requirements of paragraph (2)(iii) must have completed at least 2,400 hours of supervised clinical experience, acceptable to the board as determined by regulation, 1,200 hours of which was obtained subsequent to the granting of the doctoral degree.
(4) The applicant has passed an examination adopted by the board.
(5) The application has been accompanied by the application fee.
(6) The applicant has not been convicted of a felony under The Controlled Substance, Drug, Device and Cosmetic Act or of an offense under the laws of another jurisdiction which if committed in this Commonwealth would be a felony under the Controlled Substance, Drug, Device and Cosmetic Act unless:
(i) at least ten years have elapsed from the date of conviction;
(ii) the applicant satisfactorily demonstrates to the board that the applicant has made significant progress in personal rehabilitation since the conviction such that licensure of the applicant should not be expected to create a substantial risk of harm to the health and safety of clients or the public or a substantial risk of further criminal violations; and
(iii) the applicant otherwise satisfies the qualifications contained in or authorized by this act.
As used in this paragraph, the term "convicted" includes a judgment, an admission of guilt or a plea of nolo contendere.
((f) amended Mar. 14, 2012, P.L.191, No.17)
(f.1) Associate professional counselor license.--
(1) An applicant is qualified for a license to hold oneself out as a licensed associate professional counselor if the applicant submits proof satisfactory to the board that all of the following apply:
(i) The applicant is at least 21 years of age.
(ii) The applicant is of good moral character. In assessing the moral character of an applicant with a criminal conviction, the board shall conduct an individualized assessment in accordance with 63 Pa.C.S. § 3113.
(iii) The applicant has satisfied the educational requirements under subsection (f)(2)(i), (ii) or (iii).
(iv) The applicant has submitted a plan of supervision, including a detailed job description and each location where client contact and supervision will occur.
(v) The applicant has submitted the resume or curriculum vitae for each licensee who provides supervision acceptable to the board. A supervisor shall hold a current and active license to practice professional counseling or to practice in a related field as approved by the board and shall have no less than five full-time years of experience or the equivalent in the prior ten years as specified by the board's regulations.
(vi) The application has been accompanied by the application fee of $75. The application fee may be altered by the board by regulation.
(vii) The applicant has not been convicted of a felony under The Controlled Substance, Drug, Device and Cosmetic Act or of an offense under the laws of another jurisdiction which if committed in this Commonwealth would be a felony under The Controlled Substance, Drug, Device and Cosmetic Act, unless:
(A) at least ten years have elapsed from the date of conviction;
(B) the applicant satisfactorily demonstrates to the board that the applicant has made significant progress in personal rehabilitation since the conviction such that licensure of the applicant should not be expected to create a substantial risk of harm to the health and safety of clients or the public or a substantial risk of further criminal violations; and
(C) the applicant otherwise satisfies the qualifications contained in or authorized by this act. As used in this paragraph, the term "convicted" includes a judgment, an admission of guilt or a plea of nolo contendere.
(2) Renewal of an associate professional counselor license shall be on a biennial basis, and the license shall be eligible for no more than three renewals. The applicant shall submit a renewal application accompanied by the renewal application fee of $95. The renewal application fee may be altered by the board by regulation.
((f.1) added Mar. 28, 2024, P.L.11, No.4)
(f.2) Limitations on associate professional counselor license.--A licensed associate professional counselor shall work under the supervision of a licensed professional counselor or a related licensed professional approved by the board who directs the activities of the licensed associate professional counselor. A licensed associate professional counselor shall not practice in a private setting without the direction of a supervisor. Nothing in this subsection shall be construed to prohibit a licensed associate professional counselor from taking the required exam under subsection (f)(4) during the time between graduation and completing the required supervised hours under subsection (f)(3) to meet the licensure requirements for a licensed professional counselor. ((f.2) added Mar. 28, 2024, P.L.11, No.4)
(g) Bachelor social work license.--An applicant shall be qualified for a license to hold oneself out as a licensed bachelor social worker if the applicant submits proof satisfactory to the board that:
(1) The applicant is of good moral character. In assessing the moral character of an applicant with a criminal conviction, the board shall conduct an individualized assessment in accordance with 63 Pa.C.S. § 3113. ((1) amended Mar. 28, 2024, P.L.11, No.4)
(2) The applicant has received a bachelor's degree from an accredited program of social work or social welfare.
(3) The applicant has passed an examination duly adopted by the board.
(4) The applicant has submitted an application accompanied by the application fee.
(5) The applicant has not been convicted of a felony under The Controlled Substance, Drug, Device and Cosmetic Act, or of an offense under the laws of another jurisdiction, which, if committed in this Commonwealth, would be a felony under The Controlled Substance, Drug, Device and Cosmetic Act, unless:
(i) at least ten years have elapsed from the date of conviction;
(ii) the applicant satisfactorily demonstrates to the board that the applicant has made significant progress in personal rehabilitation since the conviction, such that licensure of the applicant should not be expected to create a substantial risk of harm to the health and safety of the applicant's clients or the public or a substantial risk of further criminal violations; and
(iii) the applicant otherwise satisfies the qualifications contained in or authorized by this act.
As used in this paragraph, the term "convicted" shall include a judgment, an admission of guilt or a plea of nolo contendere.
((g) added Oct. 22, 2014, P.L.2884, No.179)
(7 amended Dec. 21, 1998, P.L.1017, No.136)
Compiler's Note: Section 8 of Act 4 of 2024 provided that the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors shall promulgate regulations as necessary to implement Act 4 no later than 90 days from the effective date of section 8.
Compiler's Note: Section 9 of Act 179 of 2014, which deleted subsecs. (b) and (c) and added subsecs. (c.1) and (g), provided that the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors shall promulgate regulations to carry out Act 179 within 180 days of the effective date of section 9.
Pa. Social Workers Act, Section 9
Section 9. Exemption from licensure examination.
(a) Clinical social worker.--The requirements of section 7(d)(4) shall not apply and a license shall be issued without examination to an applicant who meets all of the following requirements:
(1) Has submitted an application for a clinical social worker license, accompanied by the required fee, within four years after the effective date of this paragraph.
(2) Is licensed under this act as a social worker.
(3) Can demonstrate proof of practice of clinical social work for at least five of the seven years immediately prior to the date of application for license.
(4) Has successfully met one of the following educational requirements:
(i) Has a doctoral degree in social work from an accredited educational institution.
(ii) Has a master's degree in social work of at least 48 credit hours with a specialty in direct practice social work from an accredited educational institution.
(iii) Has a master's degree in social work of at least 48 credit hours with a specialty other than direct practice social work and has taken either 12 additional credit hours of graduate study in direct practice social work or has within the past ten years completed sufficient continuing education in courses satisfactory to the board to equal 12 credit hours at a ratio of 15 continuing education hours equaling one credit hour.
(5) Can demonstrate holding a current professional certification in clinical social work and having passed a national certification examination in clinical social work administered by a nationally recognized credentialing agency approved by the board. If passing an examination was not a prerequisite for obtaining professional certification, an applicant must demonstrate to the board that certification was obtained pursuant to meeting certification criteria satisfactory to the board.
(b) Marriage and family therapists.--The requirements of section 7(e)(4) shall not apply and a license shall be issued without examination to an applicant who meets all of the following requirements:
(1) Has submitted an application for a marriage and family therapist license, accompanied by the required fee, within four years after the effective date of this paragraph.
(2) Is a resident of this Commonwealth.
(3) Can demonstrate proof of practice of marriage and family therapy for at least five of the seven years immediately prior to the date of application for license.
(4) Has successfully met one of the following educational requirements:
(i) Has a doctoral degree in marriage and family therapy or in a field determined by the board by regulation to be closely related to the practice of marriage and family therapy from an accredited educational institution with graduate level coursework in marriage and family therapy acceptable to the board.
(ii) Has a master's degree of at least 48 semester hours or 72 quarter hours in marriage and family therapy or in a field determined by the board by regulation to be closely related to the practice of marriage and family therapy from an accredited educational institution with graduate level coursework in marriage and family therapy acceptable to the board.
(iii) Has a master's degree of less than 48 semester hours or 72 quarter hours but not less than 30 semester hours or 45 quarter hours in marriage and family therapy or in a field determined by the board by regulation to be closely related to the practice of marriage and family therapy from an accredited educational institution with graduate level coursework in marriage and family therapy acceptable to the board and has within the past ten years completed sufficient continuing education satisfactory to the board to equal the number of hours needed to achieve a total of 48 semester hours or 72 quarter hours at a ratio of 15 continuing education hours equaling one semester hour. ((iii) amended Dec. 9, 2002, P.L.1410, No.177)
(5) Can demonstrate holding a current professional certification in marriage and family therapy and having passed an examination in marriage and family therapy approved by the board.
(c) Professional counselors.--The requirements of section 7(f)(4) shall not apply and a license shall be issued without examination to an applicant who meets all of the following requirements:
(1) Has submitted an application for a professional counselor license, accompanied by the required fee, within four years after the effective date of this paragraph.
(2) Is a resident of this Commonwealth.
(3) Can demonstrate proof of practice of professional counseling for at least five of the seven years immediately prior to the date of application for license.
(4) Has successfully met one of the following educational requirements:
(i) Has a doctoral degree in professional counseling or a field determined by the board by regulation to be closely related to the practice of professional counseling from an accredited educational institution.
(ii) Has a master's degree of at least 48 semester hours or 72 quarter hours in professional counseling or a field determined by the board by regulation to be closely related to the practice of professional counseling from an accredited educational institution.
(iii) Has a master's degree of less than 48 semester hours or 72 quarter hours but not less than 30 semester hours or 45 quarter hours in professional counseling or a field determined by the board by regulation to be closely related to the practice of professional counseling and has within the past ten years completed sufficient continuing education satisfactory to the board to equal the number of hours needed to achieve a total of 48 semester hours or 72 quarter hours at a ratio of 15 continuing education hours equaling one semester hour. ((iii) amended Dec. 9, 2002, P.L.1410, No.177)
(5) Can demonstrate holding a current professional certification in professional counseling and having passed a national certification examination in professional counseling administered by a nationally recognized credentialing agency approved by the board.
(9 amended Feb. 13, 2002, P.L.83, No.4)
The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)