Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 5522 (August 28, 2021).

49 Pa. Code § 47.1. Definitions.

GENERAL PROVISIONS


§ 47.1. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Accredited school—A graduate program in social work or social welfare accredited by the Council on Social Work Education.

   Act—The Social Workers, Marriage and Family Therapists and Professional Counselors Act (63 P. S. § §  1901—1922).

   Board—The State Board of Social Workers, Marriage and Family Therapists and Professional Counselors.

 Client/patient—An individual, group or family for whom a licensed bachelor social worker, licensed social worker or licensed clinical social worker provides social work services or clinical social work services. In the case of an individual with a legal guardian, such as a minor or legally incapacitated adulty, the individual is the client/patient.

 Immediate family member—A parent/guardian, child, sibling, spouse or other family member with whom the client/patient resides.

 Licensed bachelor social worker—A person who is currently licensed as a licensed bachelor social worker under section 7 of the act (63 P.S. §  1907).

 Licensed clinical social worker—A person who is currently licensed as a licensed clinical social worker under section 7 of the act.

 Licensed social worker—A person who is currently licensed as a licensed social worker under section 7 of the act.

 Professional relationship—A relationship which is deemed to exist for the period of time beginning with the first professional contact or consultation between a licensed bachelor social worker, licensed social worker or licensed clinical social worker and a client/patient and continuing thereafter until the last date of a professional service. If a licensed bachelor social worker, licensed social worker or licensed clinical social worker sees a client/patient on an intermittent basis, the professional relationship is deemed to start anew on each date that the licensed bachelor social worker, licensed social worker or licensed clinical social worker provides a professional service to the client/patient.

 Related field—Includes the fields of psychiatry, psychology, marriage and family therapy, counseling, art therapy, dance/movement therapy, drama therapy, music therapy, human services and counseling education.

   Sexual intimacies—Romantic, sexually suggestive, sexually demeaning or erotic behavior. Examples of this behavior include the following:

     (i)   Sexual intercourse, or any touching of the sexual or intimate parts of the person for the purpose of arousing or gratifying sexual desire in either person.

     (ii)   Nontherapeutic verbal communication or inappropriate nonverbal communication of a sexual or romantic nature.

     (iii)   Sexual invitations.

     (iv)   Soliciting or accepting a date from a client/patient.

     (v)   Masturbating in the presence of a client/patient or encouraging a client/patient to masturbate in the presence of the licensed social worker or licensed clinical social worker.

     (vi)   Indecent exposure, kissing, hugging, touching, physical contact or self-disclosure of a sexual or erotic nature.

   Supervisee—An individual who is fulfilling the supervised experience requirement for licensure as a clinical social worker.

   Supervision—The act of overseeing, directing or instructing the activity or course of action of another.

   Supervisor—An individual providing supervision to a supervisee who meets the criteria in §  47.1a (relating to qualifications for supervisors).

Authority

   The provisions of this §  47.1 amended under sections 6 and 18(c) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act (63 P.S. § §  1906 and 1918(c)); section 812.1 of The Administrative Code of 1929 (71 P.S. §  279.3(a)); and section 9 of the act of October 22, 2014 (P.L. 2884, No. 179).

Source

   The provisions of this §  47.1 adopted November 23, 1990, effective November 24, 1990, 20 Pa.B. 5838; amended March 1, 2002, effective March 2, 2002, 32 Pa.B. 1197; amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4469; amended January 25, 2008, effective January 26, 2008, 38 Pa.B. 484; amended August 28, 2020, effective August 29, 2020, 50 Pa.B. 4389. Immediately preceding text appears at serial pages (358287) to (358288).

Cross References

   This section cited in 49 Pa. Code §  47.12c (relating to licensed clinical social worker).



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