Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS STATE BOARD OF SOCIAL WORKERS,
MARRIAGE AND FAMILY THERAPISTS AND
PROFESSIONAL COUNSELORS[49 PA. CODE CH. 49] Exemption from Licensure Examination [33 Pa.B. 1346] The State Board of Social Workers, Marriage and Family Therapists and Professional Counselors (Board) amends § 49.15 (relating to exemption from licensure examination) to read as set forth in Annex A. The final-omitted rulemaking authorizes a professional counselor license to be issued without examination to an applicant who demonstrates that he holds the Master Addiction Counselor Credential from the National Association of Alcoholism and Drug Abuse Counselors (NAADAC) and has passed the examination for Master Addiction Counselors (MAC) given by NAADAC.
Background and Need for Final-Omitted Rulemaking
A final-omitted rulemaking published at 32 Pa.B. 1197 (March 2, 2002) implemented the act of December 21, 1998 (P. L. 1017, No. 136). Section 49.15 states that a license will be issued without examination to applicants who, among other requirements, are certified as addiction counselors by various credentialing agencies.
The NAADAC has informed the Board that recognition of its MAC credential was inadvertently omitted from the recognized credentials utilized by the Board for purposes of exemption from professional counseling licensure examinations. The Board has determined that it had intended to include the NAADAC credentials for purposes of licensure examination exemption for professional counselors. During the rulemaking process at 32 Pa.B. 1197, the Board consulted with addiction specialists in this Commonwealth, including the NAADAC. The Board had determined to include this group in its list of recognized credentials. However, the Board inadvertently omitted the NAADAC from the list. This final-omitted rulemaking will correct that omission.
Public notice of intention to amend § 49.15 under procedures specified in sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) (CDL) has been omitted as authorized under section 204(3) of the CDL (45 P. S. § 1204(3)), because the Board finds that these procedures are, under the circumstances, unnecessary. The deadline for filing an application for license by exemption is February 19, 2003. Accordingly, recognition of NAADAC for purposes of licensure by exemption must be perfected as quickly as possible. Public comment is unnecessary because comment had already been received in response to the proposed rulemaking published at 31 Pa.B. 1571 (March 24, 2001).
Statutory Authority
This final-omitted rulemaking is authorized by section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act (act) (63 P. S. § 1906(2)).
Fiscal Impact and Paperwork Requirements
The final-omitted rulemaking will have no fiscal impact on the Commonwealth or its political subdivisions, nor will it impose any additional paperwork requirements.
Regulatory Review
Under section 5.1(c) of the Regulatory Review Act (71 P. S. § 745.5a(c)), on January 29, 2003, the Board submitted copies of this final-omitted rulemaking to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) and the House Professional Licensure Committee (HPLC). On the same date, the final-omitted rulemaking was submitted to the Office of Attorney General for review and approval under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506).
Under section 5.1(d) of the Regulatory Review Act, this final-omitted rulemaking was approved by the HPLC on February 11, 2003, and deemed approved by the SCP/PLC on February 11, 2003. Under section 5.1(e) of the Regulatory Review Act, on February 27, 2003, IRRC met and approved this final-omitted rulemaking. A copy of the material is available to the public upon request.
Additional Information
Interested persons are invited to submit inquiries regarding this final-omitted rulemaking to Board Administrator, State Board of Social Workers, Marriage and Family Therapists and Professional Counselors, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-1389.
Findings
The Board finds that:
(1) Public notice of intention to amend the regulation as adopted by this order under the procedures specified in sections 201 and 202 of the CDL has been omitted under the authority contained in section 204(3) of the CDL, because the Board has, for good cause, found that the procedure specified in sections 201 and 202 of the CDL is, in this circumstance, unnecessary.
(2) The amendment of the regulations of the Board in the manner provided in this order is necessary and appropriate for the administration of its authorizing statute.
Order
The Board, acting under its authorizing statute, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 49, are amended by amending § 49.15 to read as set forth in Annex A.
(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to legality as required by law.
(c) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall become effective immediately upon publication in the Pennsylvania Bulletin.
THOMAS F. MATTA, Ph.D.,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 33 Pa.B. 1423 (March 15, 2002).)
Fiscal Note: 16A-696. No fiscal impact; (8) recommends adoption.
Annex A TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS PART I. DEPARTMENT OF STATE Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS CHAPTER 49. STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS--LICENSURE OF PROFESSIONAL COUNSELORS LICENSE § 49.15. Exemption from licensure examination.
A license will be issued without examination to an applicant who meets the following requirements. The applicant shall have:
(1) Satisfied the general requirements for licensure of § 49.12 (relating to general qualifications for licensure).
(2) Submitted an application provided by the Board and accompanied by the required fee.
(3) Submitted an application by February 19, 2002. (Editor's Note: The act of February 13, 2002 (P. L. 83, No. 4) extended the deadline for the filing of an application by 1 year.)
(4) Demonstrated proof of practice of professional counseling for at least 5 of the 7 years immediately prior to the date of application for license.
(5) Have successfully met one of the following educational requirements:
(i) Holds a doctoral degree in professional counseling from an accredited educational institution.
(ii) Holds a doctoral degree in a field closely related to the practice of professional counseling from an accredited educational institution.
(iii) Holds a master's degree of at least 48 semester hours or 72 quarter hours in professional counseling or afield closely related to the practice of professional counseling from an accredited educational institution.
(iv) Holds a master's degree of less than 48 semester hours or 72 quarter hours but not less than 36 semester hours or 54 quarter hours in professional counseling or a field closely related to the practice of professional counseling and has within the past 10 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 1 semester hour. Continuing education satisfactory to the Board shall meet the following requirements:
(A) Master's level difficulty.
(B) Excludes courses in office management or practice building.
(C) Any course approved by NBCC, CRC, CBMT, AATA, ADTA, the Pennsylvania Certification Board (PCB) or NADT, or which is approved for continuing education credit for licensed psychologists or licensed social workers, and which does not include a course in office management or practice building.
(6) Demonstrated holding one of the following:
(i) The National Certified Counselor (CC) certification from NBCC and having passed the National Counselor Examination given by the NBCC.
(ii) CRC certification from the CRCC and having passed the CRC Examination given by the CRCC.
(iii) The Registered Art Therapist (ATR) certification from the ATCB and having passed the Board Certification Examination given by the ATCB.
(iv) The Academy of Dance Therapists Registered (ADTR) certification from the ADTA and having passed the National Counselor Examination given by the NBCC.
(v) The Music Therapist-Board Certified certification from CBMT and having passed the Board Certification Examination given by the CBMT.
(vi) The Registered Drama Therapist (RDT) certification from NADT and having passed the National Counselor Examination given by NBCC.
(vii) The Certified Clinical Mental Health Counselor (CCMHC) certification from the Academy of Certified Clinical Mental Health Counselors (ACCMHC) and having passed the credentialing examination given by ACCMHC.
(viii) The Nationally Certified Psychologist (NCP) certification from the NAMP, and having passed the Practice Exam of Psychological Knowledge given by NAMP.
(ix) The Certified Addictions Counselor Credential (CAC) from PCB, and having passed the Advanced Alcohol and Other Drug Abuse Counselor Examination given by the IC & RC/AODA.
(x) The Master's Addictions Counselor Credential from NBCC, and having passed the Examination for Master's Addictions Counselors given by NBCC.
(xi) The Master Addiction Counselor credential from the National Association of Alcoholism and Drug Abuse Counselors (NAADAC) and having passed the examination for Master Addiction Counselors given by NAADAC.
[Pa.B. Doc. No. 03-442. Filed for public inspection March 14, 2003, 9:00 a.m.]
