Pennsylvania HB 563: An Act prohibiting certain covenants not to compete; conferring powers and duties on the Department of Labor and Industry; and imposing penalties.

Bill Text

PRINTER'S NO. 567
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 563
Session of
2025
INTRODUCED BY PASHINSKI, GIRAL, ISAACSON, VENKAT, SANCHEZ, HILL-
EVANS, HOHENSTEIN, KHAN, CIRESI, NEILSON, FREEMAN, OTTEN,
KENYATTA, BURGOS, RIVERA, BOROWSKI, CEPEDA-FREYTIZ, PARKER,
GREEN, McNEILL, MATZIE, MULLINS, MUNROE, WEBSTER, SOLOMON,
DALEY, CURRY, GUENST, DONAHUE, KULIK, MADDEN, BRIGGS, PROBST,
PIELLI, BELLMON AND SHUSTERMAN, FEBRUARY 12, 2025
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
FEBRUARY 12, 2025
AN ACT
Amending the act of July 9, 1987 (P.L.220, No.39), entitled "An
act licensing and regulating the practice of social work;
providing penalties; and making an appropriation," providing
for licensing and regulating the practice of music therapy;
and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title and sections 1 and 2 of the act of July
9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage
and Family Therapists and Professional Counselors Act, are
amended to read:
AN ACT
Licensing and regulating the practice of social work, marriage
and family therapy, professional counseling and professional
music therapy; providing penalties; and making an
appropriation.
Section 1. Short title.
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This act shall be known and may be cited as the Social
Workers, Marriage and Family Therapists [and], Professional
Counselors and Professional Music Therapists Act.
Section 2. Legislative intent.
The practice of social work, marriage and family therapy
[and], professional counseling and professional music therapy
within this Commonwealth is hereby declared to affect the public
safety and welfare and to be subject to regulation and control
in the public interest to protect the public from
unprofessional, improper, unauthorized and unqualified practice
of licensed social work, licensed marriage and family therapy
[and], licensed professional counseling and licensed
professional music therapy. This act regulates only those who
hold themselves out as licensed social workers, licensed
clinical social workers, licensed marriage and family therapists
[or as], licensed professional counselors or as licensed
professional music therapists. Acquisition of a license under
this act shall not be made a condition of the employment of a
person by the Commonwealth or any of its political subdivisions
or by nonprofit agencies.
Section 2. The definition of "board" in section 3 of the act
is amended and the section is amended by adding definitions to
read:
Section 3. 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:
* * *
"Board." The State Board of Social Workers, Marriage and
Family Therapists [and], Professional Counselors and
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Professional Music Therapists under the Bureau of Professional
and Occupational Affairs within the Department of State.
* * *
"Independent practice of music therapy." The application of
professional music therapy knowledge and skills by an
individual:
(1) who styles oneself as a professional music
therapist;
(2) who regulates and is responsible for the
individual's own practice and treatment procedures; and
(3) whose practice is not affiliated with any other
practice, health care facility, government agency or
government-regulated social service agency.
* * *
"Licensed professional music therapist." A person who
engages in the practice of music therapy and who holds a current
license under this act.
* * *
"Practice of music therapy." As follows:
(1) The clinical and evidence-based use of music
interventions to accomplish individualized goals for
individuals of all ages and ability levels within a
therapeutic relationship by a licensed professional music
therapist. Professional m usic therapists develop an
individualized music therapy treatment plan for a client or
group of clients that identifies the goals, objectives and
potential strategies of the music therapy services
appropriate for the client or group of clients using music
therapy interventions, including, but not limited to, music
improvisation, receptive music listening, song-writing, lyric
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discussion, music and imagery, music performance, learning
through music and movement to music.
(2) The term includes:
(i) Accepting referrals for music therapy services
from medical, developmental, mental health or education
professionals, family members, clients, caregivers or
others involved and authorized with provision of client
services.
(ii) Conducting a music therapy assessment of a
client to determine if treatment is indicated. If
treatment is indicated, the licensed professional music
therapist collects system