See other bills
under the
same topic
HOUSE AMENDED
PRIOR PRINTER'S NO. 825
PRINTER'S NO. 1879
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
772
Session of
2015
INTRODUCED BY GORDNER, BREWSTER, BLAKE, WOZNIAK, SCARNATI,
MENSCH, YUDICHAK, RAFFERTY, McILHINNEY, BARTOLOTTA, SMITH,
ARGALL, HUGHES AND DINNIMAN, MAY 1, 2015
AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 6, 2016
AN ACT
Amending the act of March 23, 1972 (P.L.136, No.52), entitled
"An act relating to the practice of psychology, providing for
licensing of psychologists, making certain acts illegal and
providing penalties," further providing for definitions and
for temporary license; allowing applicants to take test
sooner; defining board's powers, FOR NECESSITY FOR LICENSE,
FOR QUALIFICATIONS FOR LICENSE, FOR REFUSAL, SUSPENSION OR
REVOCATION OF LICENSE AND FOR REPORTING OF MULTIPLE
LICENSURE; making editorial changes; and making a RELATED
repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2, 3, 6, 8 and 8.1 of the act of March
23, 1972 (P.L.136, No.52), known as the Professional
Psychologists Practice Act, amended or added April 25, 1986
(P.L.89, No.33), are amended to read:
Section 2. Definitions.--As used in this act:
"Board" means the State Board of Psychology in the Department
of State.
"Commissioner" means the Commissioner of Professional and
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Occupational Affairs in the Department of State.
"Person" means an individual, corporation, partnership,
association, unincorporated organization or a government or any
political subdivision, agency or instrumentality thereof.
"Practice of psychology" means offering to render or
rendering to individuals, corporations, institutions,
governmental agencies, or the public for remuneration any
service involving the following:
(i) The application of established principles of learning,
motivation, perception, thinking, and emotional relationships to
problems of personality evaluation, group relations, and
behavior adjustment. The application of said principles
includes, but is not restricted to, counseling and the use of
psychological methods with persons or groups with adjustment
problems in the areas of work, family, school, and personal
relationships; measuring and testing of personality,
intelligence, aptitudes, and emotions, and offering services as
a psychological consultant. Psychologists with appropriate
education, training and experience may diagnose and use
psychological methods in the treatment of a mental, emotional or
nervous illness or disability; alcoholism and other substance
abuse; disorders of habit or conduct; psychological aspects of
physical illness, accident, injury or disability; and
psychoeducational evaluation, therapy, remediation and
consultation.
(ii) (a) "Measuring and testing," consisting of the
psychological assessment and evaluation of abilities, attitudes,
aptitudes, achievements, adjustments, motives, personality
dynamics and/or other psychological attributes of individuals,
or groups of individuals by means of standardized measurements
20150SB0772PN1879 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
or other methods, techniques or procedures recognized by the
science and profession of psychology, (b) "psychological
methods," consisting of the application of principles of
learning and motivation in an interpersonal situation with the
objectives of modification of perception and adjustment, and
requiring highly developed skills in the disciplines,
techniques, and methods of altering through learning processes,
attitudes, feelings, values, self-concept, personal goals and
adaptive patterns, (c) "psychological consulting," consisting of
interpreting or reporting upon scientific fact or theory in
psychology, rendering expert psychological opinion,
psychological evaluation, or engaging in applied psychological
research.
Section 3. Necessity for License.--It shall be unlawful for
any person to engage in the practice of psychology or to offer
or attempt to do so or to hold himself out to the public by any
title or description of services incorporating the words
"psychological," "psychologist" or "psychology" unless he shall
first have obtained a license pursuant to this act, except as
hereinafter provided:
(1) Simple acts of persuasion or suggestion by one person to
another, or to a group.
(2) Persons licensed to practice any of the other healing
arts in this Commonwealth shall be exempt from the provisions of
this act. Nothing in this act shall be construed to limit the
practice of persons licensed to practice any of the other
healing arts in any way. Nothing [herein] in this act shall be
construed as authorizing any person licensed as a psychologist
to engage in any manner in the practice of any of the other
healing arts as defined in the laws of this Commonwealth on the
20150SB0772PN1879 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
effective date of this act. The psychologist who engages in
practice shall assist his client in obtaining professional help
for all relevant aspects of his problem that fall outside the
boundaries of the psychologist's own competence. Provision must
be made for the diagnosis and treatment of relevant health care
problems by an appropriate qualified practitioner of the other
healing arts. Nothing in this act shall be construed as
extending to a person licensed as a psychologist any authority
or rights which are not granted under this act.
(3) Nothing in this act shall be construed to prevent
qualified members of other recognized professions, including,
but not limited to, clergy, drug and alcohol abuse counselors,
mental health counselors, social workers, [marriage counselors,
family counselors,] crisis intervention counselors, marriage and
family therapists, pastoral counselors, rehabilitation
counselors and psychoanalysts, from doing work of a
psychological nature consistent with the training and the code
of ethics of their respective professions or to prevent
volunteers from providing services in crisis or emergency
situations.
(4) Nothing in this act shall be construed to limit the
practice of psychology or use of an official title on the part
of a person employed as a psychologist by a Federal[, State,
county, or municipal] agency[, or other political subdivisions,]
], THE DEPARTMENT OF CORRECTIONS OR THE DEPARTMENT OF HUMAN
SERVICES or those persons certified and employed as school
psychologists in the public and private schools of the
Commonwealth or in a facility or as part of an educational
program regulated by the Department of Education , in so far as
such practice is a part of the normal function of his position
20150SB0772PN1879 - 4 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
or is performed on behalf of or according to the usual
expectations of his employer.
(4.1) PSYCHOLOGICAL TESTING AND PSYCHOLOGICAL ASSESSMENTS
SELECTED, ADMINISTERED, SCORED AND INTERPRETED BY EMPLOYES OF
THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF HUMAN
SERVICES UNDER THE DIRECTION OF A LICENSED PSYCHOLOGIST SHALL BE
EXEMPT FROM THE PROVISIONS OF THIS ACT. AS USED IN THIS CLAUSE
THE TERM "UNDER THE DIRECTION OF A LICENSED PSYCHOLOGIST" MEANS
THE LICENSED PSYCHOLOGIST SHALL REVIEW EACH PSYCHOLOGICAL TEST
AND PSYCHOLOGICAL ASSESSMENT SELECTED, ADMINISTERED, SCORED AND
INTERPRETED BY THE EMPLOYE AND SHALL COSIGN THE CORRESPONDING
REPORT. THE LICENSED PSYCHOLOGIST SHALL HAVE THE PROFESSIONAL
RESPONSIBILITY FOR THE SELECTION, ADMINISTRATION, SCORING AND
INTERPRETATION OF THE PSYCHOLOGICAL TEST OR PSYCHOLOGICAL
ASSESSMENT BY THE EMPLOYE.
[(5) Nothing in this act is to be construed as restricting
the use of the term "social psychologist" by any person who
meets the qualifications specified in section 6.]
(6) Nothing in this act shall be construed to limit the
practice of psychology or use of an official title on the part
of a member of the faculty or staff of a duly accredited
university, college[, hospital] or State-approved nonpublic
school in so far as such practice is a part of the normal
function of his position or is performed on behalf of or
according to the usual expectations of his employer. Nothing in
this act shall be construed to limit the practice of psychology
or use of an official title on the part of a student, intern or
resident in psychology, pursuing a course of study in a duly
accredited university, college or hospital or similar training
facility for the qualified training of psychologists, provided
20150SB0772PN1879 - 5 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
that such practice and use of title constitute a part of his
supervised course of study, and he is designated by such titles
as "psychology intern," "psychology trainee," or other title
clearly indicating such training status. Nothing in this act
shall be construed to limit the activities of a faculty or staff
member of a duly accredited university, college, or hospital, or
research unit of a duly recognized business or industrial firm
or corporation, in the performance of experimental and
scientific research activities for the primary purpose of
contributing to or enlarging upon scientific principles of
psychology. Nothing in this act shall be construed to limit the
use of the term "psychology," "psychologist," or
"psychological," in connection with the aforementioned
experimental or scientific research activities or for the
purpose of publication of the research findings in professional
and scientific journals, or for the purpose of providing
scientific information to any user of such information.
(7) Nothing in this act shall be construed to prohibit the
practice of psychology by a person who, in the opinion of the
board meets the minimum qualifications for licensure under this
act, provided said person is on temporary assignment in this
Commonwealth, as temporary is defined by board regulation.
(7.1) The board may issue a temporary license to an
applicant for licensure as a psychologist who holds a similar or
current license from another state, province or territory and
whose standards, in the opinion of the board, are substantially
equivalent to those required under this act. The board may
refuse a temporary license to a psychologist who is the subject
of past or pending disciplinary action in another jurisdiction.
(8) Nothing in this act shall be construed to prohibit
20150SB0772PN1879 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
employes of business and industrial organizations from applying
the principles of psychology described in section 2 to the
employment placement, evaluation, selection, promotion or job
adjustment of their own officers or employes or those of any
associated organization. No business or industrial firm or
corporation may sell or offer to the public or to individuals or
to other firms or corporations for remuneration any
psychological acts or services as are part of the practice of
psychology unless such services are performed by individuals
duly and appropriately licensed under this act.
(9) Nothing in this act shall be construed to limit the
activities of a clerical or administrative employe in the
performance of duties incidental to and necessary to the work of
a psychologist, provided that the clerical or administrative
employe acts at all times under the supervision of a licensed
psychologist, and provided further that the employe does not
assume to the independent practice of psychology.
[(10) Nothing in this act shall be construed to prohibit a
school psychologist certified by the Department of Education
from performing in private practice those acts which he is
permitted to perform in the public and private schools of the
Commonwealth.]
(10.1) A person who on the effective date of this clause OR
BEFORE JUNE 30, 2017, has completed all requirements for
certification as an Educational Specialist I or II in school
psychology issued by the Department of Education or one who is
enrolled in a program leading to certification as an Educational
Specialist I or II in school psychology within one year after
the effective date of this clause ON OR BEFORE JUNE 30, 2018,
may perform in private practice an act which the person is
20150SB0772PN1879 - 7 -
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
permitted to perform in the public and private schools of this
Commonwealth if the person satisfies the following:
(i) the person is employed by a public or private school in
this Commonwealth or by a facility or as part of an educational
program regulated by the Department of Education; and
(ii) holds a valid certificate as an Educational Specialist
I or II in school psychology issued by the Department of
Education that is in good standing.
(11) Nothing in this act shall be construed to prohibit a
psychologist licensed under this act from employing and
supervising postdoctoral individuals completing the experience
requirement for licensure who shall be designated as "psychology
interns," "psychology residents" or "psychological trainees."
Such individuals shall perform their duties under the full
direction, control and supervision of a licensed psychologist,
pursuant to regulations of the board.
(12) Nothing in this act shall be construed to prohibit a
psychologist licensed under this act from employing professional
employes with graduate training in psychology. Such individuals
shall perform their duties under the full direction, control and
supervision of a licensed psychologist, pursuant to regulations
of the board.
Section 6. Qualifications for License.--(a) An applicant
shall be qualified for a license to practice psychology after
submission of proof satisfactory to the board that the
applicant:
(1) is of acceptable moral character; and
(2) is either (i) a graduate of an accredited college or
university holding a degree of Doctor of Philosophy in
psychology, Doctor of Psychology, or Doctor of Education in
20150SB0772PN1879 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
psychology and has not less than two years of supervised
experience[, at least one of which was obtained subsequent to
the granting of the doctoral degree], provided that such
experience is acceptable to the board pursuant to criteria
established by board regulations, or (ii) a graduate of an
accredited college or university holding a doctoral degree in a
field related to psychology and has not less than two years of
supervised experience[, at least one of which was obtained
subsequent to the granting of the doctoral degree], provided
such experience and training are acceptable to the board as
being equivalent to the above pursuant to criteria established
by board regulations; and
(3) has passed an examination duly adopted by the board; and
(4) has paid all appropriate fees in the amount determined
by the board by regulation; and
(5) has not been convicted of a felony under the act of
April 14, 1972 (P.L.233, No.64), known as "The Controlled
Substance, Drug, Device and Cosmetic Act," or of an offense
under the laws of another jurisdiction which if committed in
this Commonwealth would be a felony under "The Controlled
Substance, Drug, Device and Cosmetic Act," unless:
(i) at least ten years have elapsed from the date of
conviction;
(ii) the applicant satisfactorily demonstrates to the board
that he has made significant progress in personal rehabilitation
since the conviction such that licensure of the applicant should
not be expected to create a substantial risk of harm to the
health and safety of his patients or the public or a substantial
risk of further criminal violations; and
(iii) the applicant otherwise satisfies the qualifications
20150SB0772PN1879 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
contained in or authorized by this act.
As used in this clause the term "convicted" shall include a
judgment, an admission of guilt or a plea of nolo contendere.
(b) Each applicant shall submit an affidavit or affirmation
of the applicant as to the verity of the application. Any
applicant who knowingly or willfully makes a false statement of
fact in his application shall be subject to prosecution for
perjury.
(c) In case of failure at any examination, the applicant
shall have[, after the expiration of six months and within two
years,] the privilege of a second examination by the board with
the payment of an additional fee. The board may adopt
regulations governing the eligibility of applicants who have
failed to pass two examinations in order to be admitted to
subsequent examinations.
Section 8. Refusal, Suspension or Revocation of License.--
(a) The board may refuse to issue a license or may suspend,
revoke, limit or restrict a license or reprimand a licensee for
any of the following reasons:
(1) Failing to demonstrate the qualifications or standards
for a license contained in this act or regulations of the board.
(2) Making misleading, deceptive, untrue or fraudulent
representations in the practice of psychology.
(3) Practicing fraud or deceit in obtaining a license to
practice psychology.
(4) Displaying gross incompetence, negligence or misconduct
in carrying on the practice of psychology.
(5) Submitting a false or deceptive biennial registration to
the board.
(6) Being convicted of a felony in any state or Federal
20150SB0772PN1879 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
court or being convicted of the equivalent of a felony in any
foreign country, or being convicted of a misdemeanor in the
practice of psychology. As used in this clause the term
"convicted" includes a finding or verdict of guilt, an admission
of guilt or a plea of nolo contendere or receiving probation
without verdict, disposition in lieu of trial or an Accelerated
Rehabilitative Disposition in the disposition of felony charges.
(7) Having a license to practice psychology suspended,
revoked or refused or receiving other disciplinary action by the
proper psychology licensing authority of another state,
territory or country.
(8) Being unable to practice psychology with reasonable
skill and safety by reason of illness, drunkenness, excessive
use of drugs, narcotics, chemicals or any other type of
material, or as a result of any mental or physical condition. In
enforcing this clause, the board shall, upon probable cause,
have authority to compel a psychologist to submit to a mental or
physical examination by a physician or a psychologist approved
by the board. Failure of a psychologist to submit to such
examination when directed by the board, unless such failure is
due to circumstances beyond his or her control, shall constitute
an admission of the allegations against him or her, consequent
upon which a default and final order may be entered without the
taking of testimony or presentation of evidence. A psychologist
affected under this clause shall at reasonable intervals, as
determined by the board, be afforded an opportunity to
demonstrate that he or she can resume a competent practice of
psychology with reasonable skill and safety.
(9) Violating a lawful regulation promulgated by the board,
including, but not limited to, ethical regulations, or violating
20150SB0772PN1879 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
a lawful order of the board previously entered in a disciplinary
proceeding.
(10) Knowingly aiding, assisting, procuring or advising any
unlicensed person to practice psychology, contrary to this act
or regulations of the board.
(11) Committing immoral or unprofessional conduct.
Unprofessional conduct shall include any departure from, or
failure to conform to, the standards of acceptable and
prevailing psychological practice. Actual injury to a client
need not be established.
(12) Soliciting any engagement to perform professional
services by any direct, in-person or uninvited soliciting
through the use of coercion, duress, compulsion, intimidation,
threats, overreaching or harassing conduct.
(13) Failing to perform any statutory obligation placed upon
a licensed psychologist.
(14) Intentionally submitting to any third-party payor a
claim for a service or treatment which was not actually provided
to a client.
(15) Failing to maintain professional records in accordance
with regulations prescribed by the board.
(b) When the board finds that the license or application for
license of any person may be refused, revoked, restricted or
suspended under the terms of subsection (a), the board may:
(1) Deny the application for a license.
(2) Administer a public reprimand.
(3) Revoke, suspend, limit or otherwise restrict a license
as determined by the board.
(4) Require a licensee to submit to the care, counseling or
treatment of a physician or a psychologist designated by the
20150SB0772PN1879 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
board.
(5) Suspend enforcement of its findings thereof and place a
licensee on probation with the right to vacate the probationary
order for noncompliance.
(6) Restore a suspended license to practice psychology and
impose any disciplinary or corrective measure which it might
originally have imposed.
(7) Take other action as the board in the board's discretion
considers proper, including precluding a suspended licensee from
engaging in counseling or any other form of mental health
practice.
(c) All actions of the board shall be taken subject to the
right of notice, hearing and adjudication and the right of
appeal therefrom in accordance with Title 2 of the Pennsylvania
Consolidated Statutes (relating to administrative law and
procedure).
(d) The board shall temporarily suspend a license under
circumstances as determined by the board to be an immediate and
clear danger to the public health and safety. The board shall
issue an order to that effect without a hearing, but upon due
notice to the licensee concerned at his or her last known
address, which shall include a written statement of all
allegations against the licensee. The provisions of subsection
(c) shall not apply to temporary suspension. The board shall
thereupon commence formal action to suspend, revoke or restrict
the license of the person concerned as otherwise provided for in
this act. All actions shall be taken promptly and without delay.
Within thirty days following the issuance of an order
temporarily suspending a license, the board shall conduct, or
cause to be conducted, a preliminary hearing to determine that
20150SB0772PN1879 - 13 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
there is a prima facie case supporting the suspension. The
licensee whose license has been temporarily suspended may be
present at the preliminary hearing and may be represented by
counsel, cross examine witnesses, inspect physical evidence,
call witnesses, offer evidence and testimony and make a record
of the proceedings. If it is determined that there is not a
prima facie case, the suspended license shall be immediately
restored. The temporary suspension shall remain in effect until
vacated by the board but in no event longer than one hundred
eighty days.
(e) A license issued under this act shall automatically be
suspended upon the legal commitment of a licensee to an
institution because of mental incompetence from any cause upon
filing with the board of a certified copy of such commitment,
conviction of a felony under the act of April 14, 1972 (P.L.233,
No.64), known as "The Controlled Substance, Drug, Device and
Cosmetic Act," or conviction of an offense under the laws of
another jurisdiction, which, if committed in Pennsylvania, would
be a felony under "The Controlled Substance, Drug, Device and
Cosmetic Act." As used in this section the term "conviction"
shall include a judgment, an admission of guilt or a plea of
nolo contendere. Automatic suspension under this section shall
not be stayed pending an appeal of conviction. Restoration of
such license shall be made as provided in this act for
revocation or suspension of such license.
Section 8.1. Reporting of Multiple Licensure.--Any licensed
psychologist of this Commonwealth who is also licensed to
practice psychology or another health profession in any other
state, territory or country shall report this information to the
board on the biennial registration application. Any disciplinary
20150SB0772PN1879 - 14 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
action taken in any other state, territory or country shall be
reported to the board on the biennial registration application
or within ninety days of disposition, whichever is sooner.
Multiple licensure shall be noted by the board on the
psychologist's record, and such state, territory or country
shall be notified by the board of any disciplinary actions taken
against said psychologist in this Commonwealth.
Section 2. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the amendment of
sections 2, 3, 6, 8 and 8.1 of the act.
(2) Section 20 of the act of April 25, 1986 (P.L.89,
No.33), entitled "An act amending the act of March 23, 1972
(P.L.136, No.52), entitled 'An act relating to the practice
of psychology, providing for licensing of psychologists,
making certain acts illegal and providing penalties,'
REESTABLISHING THE STATE BOARD OF PSYCHOLOGIST EXAMINERS AS
THE STATE BOARD OF PSYCHOLOGY; PROVIDING FOR ITS COMPOSITION,
POWERS AND DUTIES; CHANGING PROVISIONS RELATING TO THE
ISSUANCE OF LICENSES AND THE SUSPENSION AND REVOCATION OF
LICENSES; PROVIDING FOR FEES; PROVIDING FOR PENALTIES; AND
MAKING REPEALS," is repealed.
Section 3. This act shall take effect as follows:
(1) The addition of clause (10.1) of section 3 of the
act shall take effect June 30, 2017, or immediately,
whichever is later.
(2) This section shall take effect immediately.
(3) The remainder of this act shall take effect in 60
days.
20150SB0772PN1879 - 15 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29