Section 17. Penalties.
(a) Criminal penalties.--A person who violates this act commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of up to $1,000 or to imprisonment for not more than 90 days, or both.
(b) Civil penalty.--In addition to any other civil remedy or criminal penalty provided for in this act, the board, by a vote of the majority of the maximum number of the authorized membership of the board as provided by law, or by a vote of the majority of the duly qualified and confirmed membership or a minimum of three members, whichever is greater, may levy a civil penalty of up to $10,000 on any current licensee who violates any provision of this act, on any person who engages in the independent practice of clinical social work, the independent practice of marriage and family therapy or the independent practice of professional counseling without being licensed pursuant to this act or on any person who holds himself or herself out as a licensed bachelor social worker, licensed social worker, licensed clinical social worker, licensed marriage and family therapist, licensed professional counselor or marriage and family therapist without being so licensed pursuant to this act. The board shall levy this penalty only after affording the accused party the opportunity for a hearing, as provided in Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure). ((b) amended June 29, 2018, P.L.505, No.76)
(c) Disposition.--All fines and civil penalties imposed in accordance with this section shall be paid into the Professional Licensure Augmentation Account.
Compiler's Note: Section 3 of Act 54 of 2016, which amended subsection (b), provided that the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors shall promulgate final regulations to carry out Act 54. Publication of the final-form regulations under section 3 shall take place within 18 months of the effective date of section 3 of Act 54 of 2016.
Compiler's Note: Section 9 of Act 179 of 2014, which amended subsec. (b), 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.
Compiler's Note: Section 3 of Act 25 of 2009, which amended section 5 of the act of July 2, 1993 (P.L.345, No.49), provided that section 17(b) is repealed insofar as it is inconsistent with the amendment of section 5.