Social Worker and Counselor License Defense
Representation Before the Board
The State Board of Social Workers, Marriage and Family Therapists and Professional Counselors licenses bachelor, master and clinical social workers, marriage and family therapists and professional counselors in the Commonwealth. The Board enforces codes of ethical practice for each profession, including standards on boundaries, confidentiality, competence, records and supervision.
Complaints frequently come from clients, former clients, family members, employers and insurers, and they often allege dual relationships, boundary violations, breaches of confidentiality, practice beyond the licensee's competence or improper supervision of pre-licensure experience. Because a client need not have been injured for conduct to be found unprofessional, even a matter that appears minor deserves careful attention.
Mimm Law, LLC represents social workers, therapists and counselors at every stage of a Board matter, including matters involving the Professional Health Monitoring Program.
Governing Law
- Board
- State Board of Social Workers, Marriage and Family Therapists and Professional Counselors
- Statute
- Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P.S. §§ 1901-1922
- Regulations
- 49 Pa. Code Chapters 47 to 49
- Licensees
- Social workers, MFTs and professional counselors
- Renewal
- Biennial; licenses expire February 28 of odd-numbered years
Who the Board Regulates
- Licensed Bachelor Social Worker (LBSW)
- Licensed Social Worker (LSW)
- Licensed Clinical Social Worker (LCSW)
- Licensed Marriage and Family Therapist (LMFT)
- Licensed Associate Marriage and Family Therapist (LAMFT)
- Licensed Professional Counselor (LPC)
- Licensed Associate Professional Counselor (LAPC)
Grounds for Discipline
Section 11 of the Act (63 P.S. § 1911) authorizes the Board to discipline a licensee for, among other things:
- Conviction of a felony or a crime of moral turpitude, including guilty and nolo contendere pleas and probation without verdict
- Immoral or unprofessional conduct, without the need to prove actual injury to a client
- Violation of the Board's standards of professional conduct
- False credentials or false statements in an application
- A false or deceptive biennial renewal
- Discipline by another jurisdiction
- Violation of the Board's regulations or orders
- Inability to practice safely because of illness, substances or a mental or physical condition
Sanctions the Board May Impose
The Board may deny a license, issue a public reprimand, revoke, suspend, limit or restrict a license, require treatment, impose probation or restore a license subject to conditions. The Act authorizes civil penalties of up to $10,000 per violation, including against a person who uses a protected title without a license. The Board must temporarily suspend the license of a licensee who presents an immediate and clear danger, a license is automatically suspended upon a felony drug conviction, and a revoked licensee cannot be reinstated for at least five years and must retake the examination.
In addition to the sanctions in the Board's own statute, Chapter 31 of Title 63 of the Pennsylvania Consolidated Statutes authorizes each licensing board to impose a civil penalty of up to $10,000 per violation and to assess the costs of investigation against a licensee found to have violated the law.
Obligations That Often Lead to Board Matters
Boundaries and Dual Relationships
The Board's codes of ethical practice address relationships with current and former clients in detail. Social contact, business dealings and communications through personal social media accounts are frequent subjects of complaints.
Supervision
Supervisors of pre-licensure experience must meet the Board's requirements and document the supervision provided. Inaccurate verification of supervised hours may lead to discipline of both the supervisor and the applicant.
Continuing Education
Licensees must complete 30 hours of continuing education each biennial period, including at least 3 hours in ethics and 2 hours in child abuse recognition and reporting, and must keep proof of completion for four years.
Matters We Handle
- Referrals to the Professional Health Monitoring Program
- Client complaints concerning boundaries or dual relationships
- Confidentiality and recordkeeping concerns
- Supervision of pre-licensure experience
- Continuing education audits
- Criminal charges and convictions affecting licensure
- Applications and reinstatement following suspension or lapse
- Holding out or using a title without the required license
How We Can Help
Board Investigations
Upon receipt of a letter of inquiry, a subpoena or contact from an investigator, the firm evaluates the allegations, reviews the licensee's records, prepares a written response and attends any investigative interview. In some matters, an early, well-documented response may resolve the matter before formal charges are filed.
Formal Charges and Hearings
When the Commonwealth files an Order to Show Cause, the time to respond is short, and a respondent who misses the deadline may be held in default and the facts alleged deemed admitted. The firm prepares and files the answer, negotiates a consent agreement where one serves the client's interests, and tries the matter before the hearing examiner or the Board where it does not.
Applications and Reinstatement
For applicants whose history may raise questions, and for licensees seeking reinstatement after suspension, revocation or lapse, the firm assembles the application and supporting record and presents the matter to the Board.
Questions Licensees Ask
A former client contacted me socially. Is that a problem?
It may be. The Board's standards bar sexual intimacies with a former client or a former client's immediate family member for seven years after the professional relationship ends, and after that allow only a relationship that is not exploitive. A licensee should not initiate or continue such contact without careful consideration of the applicable standards, and should document how the contact was handled.
Can an employer's complaint lead to Board action?
Yes. Employers sometimes report terminations involving documentation, billing or client-care concerns. The licensee's response to the employer should be accurate and measured, because it may later be reviewed by the Board.
Is the Voluntary Recovery Program available to licensees of this Board?
Yes. The Board participates in the Professional Health Monitoring Program, and a qualifying licensee may enroll in the Voluntary Recovery Program and avoid public discipline by complying with its terms.
Should I speak with an investigator before I have counsel?
A licensee who receives a letter of inquiry, a subpoena or a telephone call from an investigator with the Bureau of Enforcement and Investigation should be courteous and should note the investigator's name and contact information, but should not give a substantive statement before obtaining advice. Anything said to an investigator may be included in the report reviewed by the prosecuting attorney and, later, by the Board. Counsel can determine what is being alleged, gather the relevant records and prepare a response that is accurate, complete and appropriately limited.
Must I report a criminal conviction, plea or ARD, or discipline in another state?
Yes. Pennsylvania law requires every licensee to notify the licensing board in writing within 30 days of discipline imposed by a licensing authority in another jurisdiction and of a finding of guilt, guilty plea, plea of nolo contendere, probation without verdict, disposition in lieu of trial or Accelerated Rehabilitative Disposition on a felony or misdemeanor charge. Some boards' regulations impose additional or earlier reporting duties, including, for nurses and massage therapists, a duty to report the filing of criminal charges within 30 days. A failure to report is itself a ground for discipline, and it is frequently charged alongside the underlying conduct.
Meet Your Attorney
Steven A. Mimm, Esq.
Founder, Mimm Law, LLC. Admitted in Pennsylvania (2008) and New Jersey (2022).
From 2014 to 2022, Attorney Steven A. Mimm served as a prosecuting attorney bringing disciplinary actions on behalf of the Bureau of Professional and Occupational Affairs before Pennsylvania's licensing boards. That experience informs how the firm evaluates evidence, negotiates with the Commonwealth and prepares cases for hearing. Where a licensee also faces criminal charges, the firm handles the licensing matter and coordinates with the licensee's criminal defense counsel.
Related: All Licensing Boards · Licensing and FAQs
Last reviewed September 2026. The information on this page is general in nature and is not legal advice. Contacting the firm does not create an attorney-client relationship.