PRIOR PRINTER'S NO. 1412 PRINTER'S NO. 1484
No. 1134 Session of 1985
INTRODUCED BY BELL, PETERSON, MOORE AND REIBMAN, OCTOBER 4, 1985
SENATOR BELL, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, AS
AMENDED, OCTOBER 23, 1985
AN ACT
1 Amending the act of March 23, 1972 (P.L.136, No.52), entitled
2 "An act relating to the practice of psychology, providing for
3 licensing of psychologists, making certain acts illegal and
4 providing penalties," reestablishing the State Board of
5 Psychologist Examiners as the State Board of Psychologists;
6 providing for its composition, powers and duties; changing
7 provisions relating to the issuance of licenses and the
8 suspension and revocation of licenses; providing for fees;
9 providing for penalties; and making repeals.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 1 of the act of March 23, 1972 (P.L.136,
13 No.52), referred to as the Psychologists License Act, is amended
14 to read:
15 Section 1. Declaration of Policy.--The practice of
16 psychology in the Commonwealth of Pennsylvania is hereby
17 declared to affect the public safety and welfare, and to be
18 subject to regulation and control in the public interest to
19 protect the public from unprofessional, improper, unauthorized
20 and unqualified practice of psychology, and from unprofessional
1 conduct by persons licensed to practice psychology. This act
2 should be liberally construed to carry out these objects and
3 purposes.
4 Section 2. The act is amended by adding a section to read:
5 Section 1.1. Short Title.--This act shall be known and may
6 be cited as the "Professional Psychologists Practice Act."
7 Section 3. Sections 2 and 3 of the act are amended to read:
8 Section 2. Definitions.--As used in this act:
9 [(1)] "Board" means the [Pennsylvania] State Board of
10 [Psychologist Examiners] Psychology in the Department of State.
11 [(2)] "Commissioner" means the Commissioner of Professional
12 and Occupational Affairs in the Department of State.
13 "Person" means an individual, corporation, partnership,
14 association, unincorporated organization, or a government or any
15 political subdivision, agency or instrumentality thereof.
16 [(3)] "Practice of psychology" means [any one or more of the
17 following:
18 Holding one's self out to the public by any title or
19 description of services incorporating the words "psychological,"
20 "psychologist," or "psychology," and under such description
21 offers to render or renders to individuals, corporations,
22 institutions, governmental agencies, or to the public for
23 remuneration any service involving the following:
24 (i) The application of established principles of learning,
25 motivation, perception, thinking, and emotional relationships to
26 problems of personality evaluation, group relations, and
27 behavior adjustment. The application of said principles
28 includes, but is not restricted to, counseling and the use of
29 psychological methods with persons or groups with adjustment
30 problems in the areas of work, family, school, and personal
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1 relationships; measuring and testing of personality,
2 intelligence, aptitudes, and emotions, and offering services as
3 a psychological consultant.
4 (ii) Performing or offering to perform any one or more of
5 the following acts or services: (a) "Measuring and testing,"
6 consisting of the psychological assessment and evaluation of
7 abilities, attitudes, aptitudes, achievements, adjustments,
8 motives, personality dynamics and/or other psychological
9 attributes of individuals, or groups of individuals by means of
10 standardized measurements or other methods, techniques or
11 procedures recognized by the science and profession of
12 psychology, (b) "psychological methods," consisting of the
13 application of principles of learning and motivation in an
14 interpersonal situation with the objectives of modification of
15 perception and adjustment, and require highly developed skills
16 in the disciplines, techniques, and methods of altering through
17 learning processes, attitudes, feelings, values, self-concept,
18 personal goals and adaptive patterns, (c) "psychological
19 consulting," consisting of interpreting or reporting upon
20 scientific fact or theory in psychology, rendering expert
21 psychological opinion, psychological evaluation, or engaging in
22 applied psychological research.] the delivery of professional
23 services to individuals, families, groups and the public,
24 regardless of setting. Such services involve the observation,
25 description, evaluation, interpretation and modification of
26 human behavior, and are provided by means of the application of
27 psychological principles, methods and procedures, for the
28 purpose of eliminating symptomatic, maladaptive or undesired
29 behavior or the purpose of improving interpersonal
30 relationships, work and life adjustment, personal effectiveness
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1 and mental health. Further, such professional psychological
2 services include, but are not limited to:
3 (1) psychological testing and evaluation or assessment of
4 individual characteristics such as intelligence, personality,
5 abilities, interests and aptitudes;
6 (2) counseling, psychotherapy, hypnosis, biofeedback
7 techniques and behavior therapy and management;
8 (3) prevention, diagnosis and treatment of mental and
9 emotional disorders or disabilities, alcoholism and substance
10 abuse, and the psychological aspects of physical illness or
11 disability;
12 (4) psychoeducational evaluation, remedial REMEDIATION and <--
13 consultation; and
14 (5) psychological consultation to organizations,
15 individuals, families and groups.
16 Section 3. [It shall be unlawful for any person to engage in
17 the practice of psychology or to offer or attempt to do so
18 unless he shall first have obtained a license pursuant to this
19 act, except as hereinafter provided:] Necessity for license;
20 exempt practices; prohibited practices.--(a) No person shall
21 represent himself or herself to the public by use of the title
22 "psychologist" or engage in the practice of psychology unless
23 that person complies with the provisions of this act. A person
24 represents himself or herself to be a psychologist if that
25 person uses any title or description of services incorporating
26 the words "psychology" or "psychological," or other terms
27 implying training, experience or expertise in psychology or
28 offers to render, or renders the services defined as the
29 practice of psychology in this act to individuals, groups,
30 organizations, institutions or the public for compensation.
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1 (b) Notwithstanding the provisions of subsection (a), the
2 following are exempt from licensure pursuant to this act:
3 (1) Simple acts of persuasion or suggestion by one person to
4 another, or to a group.
5 [(2) Persons licensed to practice any of the healing arts in
6 this Commonwealth shall be exempt from the provisions of this
7 act. Nothing in this act shall be construed to limit the
8 practice of persons licensed to practice any of the healing arts
9 in any way and any persons offering services under the direct
10 supervision of such persons licensed to practice the healing
11 arts shall be exempt. Nothing herein shall be construed as
12 authorizing any person licensed as a psychologist to engage in
13 any manner in the practice of any of the healing arts as defined
14 in the laws of this Commonwealth on the effective date of this
15 act. The psychologist who engages in practice shall assist his
16 client in obtaining professional help for all relevant aspects
17 of his problem that fall outside the boundaries of the
18 psychologist's own competence. Provision must be made for the
19 diagnosis and treatment of relevant health care problems by an
20 appropriate qualified practitioner of the healing arts.
21 (3) Nothing in this act shall be construed to prevent
22 qualified members of other recognized professions from doing
23 work of a psychological nature consistent with the training and
24 the code of ethics of their respective professions.]
25 (2) Volunteer services provided to individuals or groups in
26 crisis or emergency situations.
27 (3) Persons licensed to practice any of the healing arts and
28 practicing within the scope of that license or certificate as
29 otherwise authorized by law.
30 (4) Persons who are qualified members of other recognized
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1 professions, INCLUDING MINISTERS, doing work of a psychological <--
2 nature consistent with the training and code of ethics of their
3 respective professions. The provisions of this clause shall
4 include:
5 (i) Medicine as authorized by the act of July 20, 1974
6 (P.L.551, No.190), known as the "Medical Practice Act of 1974."
7 (ii) Osteopathy as authorized by the act of October 5, 1978
8 (P.L.1109, No.261), known as the "Osteopathic Medical Practice
9 Act."
10 (iii) Professional nursing as authorized by the act of May
11 22, 1951 (P.L.317, No.69), known as "The Professional Nursing
12 Law.",
13 (iv) Chiropractic as authorized by the act of August 10,
14 1951 (P.L.1182, No.264), known as the "Chiropractic Registration
15 Act of 1951."
16 (v) Certified alcohol and drug abuse counselors certified by
17 the Pennsylvania Alcohol and Drug Abuse Counselor Certification
18 Board.
19 (vi) Certified counselors certified by the National Board
20 for Certified Counselors or the National Academy of Certified
21 Clinical Mental Health Counselors.
22 (vii) Certified social workers certified by the appropriate <--
23 national certifying body. ACADEMY OF CERTIFIED SOCIAL WORKERS OF <--
24 THE NATIONAL ASSOCIATION OF SOCIAL WORKERS.
25 (viii) Certified marriage and family therapists certified by
26 the American Association of Marriage and Family Therapy.
27 (ix) Certified pastoral counselors certified by the National
28 Association of Pastoral Counselors.
29 (x) Certified rehabilitation counselors certified by the
30 National Association of Rehabilitation Professionals
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1 Certification Board.
2 (xi) Certified psychoanalysts certified by the National
3 Association for the Accreditation of Psychoanalysis or the
4 American Psychoanalytic Association.
5 [(4)] (c) Nothing in this act shall be construed to limit
6 the practice of psychology or use of an official title on the
7 part of a person employed as a psychologist by a Federal, State,
8 county, or municipal agency, or other political subdivisions, or
9 those persons certified and employed as school psychologists in
10 the public and private schools of the Commonwealth, in so far as
11 such practice is a part of the normal function of his [salaried] <--
12 position or is performed on behalf of or according to the usual
13 expectations of his employer.
14 [(5)] (d) Nothing in this act is to be construed as
15 restricting the use of the term "social psychologist" by any
16 person who meets the qualifications specified in section 6.
17 [(6)] (e) Nothing in this act shall be construed to limit
18 the practice of psychology or use of an official title on the
19 part of a member of the faculty or staff of a duly accredited
20 university, college, hospital or State-approved nonpublic school
21 in so far as such practice is a part of the normal function of
22 his [salaried] position or is performed on behalf of or
23 according to the usual expectations of his employer. Nothing in
24 this act shall be construed to limit the practice of psychology
25 or use of an official title on the part of a student, intern or
26 resident in psychology, pursuing a course of study in a duly
27 accredited university, college or hospital or similar training
28 facility for the qualified training of psychologists, provided
29 that such practice and use of title constitute a part of his
30 supervised course of study, and he is designated by such titles
19850S1134B1484 - 7 -
1 as "psychology intern," "psychology trainee," or other title
2 clearly indicating such training status. Nothing in this act
3 shall be construed to limit the activities of a faculty or staff
4 member of a duly accredited university, college, or hospital, or
5 research unit of a duly recognized business or industrial firm
6 or corporation, in the performance of experimental and
7 scientific research activities for the primary purpose of
8 contributing to or enlarging upon scientific principles of
9 psychology. Nothing in this act shall be construed to limit the
10 use of the term "psychology," "psychologist," or
11 "psychological," in connection with the aforementioned
12 experimental or scientific research activities or for the
13 purpose of publication of the research findings in professional
14 and scientific journals, or for the purpose of providing
15 scientific information to any user of such information.
16 [(7)] (f) Nothing in this act shall be construed to prohibit
17 the practice of psychology by a person who, in the opinion of
18 the board meets the minimum qualifications for licensure under
19 this act, provided said person is on temporary assignment in
20 this Commonwealth, as temporary is defined by board regulation.
21 [(8)] (g) Nothing in this act shall be construed to prohibit
22 employes of business and industrial organizations from applying
23 the principles of psychology [described in clause (3) of section <--
24 2] to the employment placement, evaluation, selection, promotion <--
25 or job adjustment of their own officers or employes or those of
26 any associated organization. No business or industrial firm or
27 corporation may sell or offer to the public or to individuals or
28 to other firms or corporations for remuneration any
29 psychological acts or services as are part of the practice of
30 psychology unless such services are performed by individuals
19850S1134B1484 - 8 -
1 duly and appropriately licensed under this act.
2 [(9)] (h) Nothing in this act shall be construed to limit
3 the activities of a [salaried] clerical or administrative
4 employe in the performance of duties incidental to and necessary
5 to the work of a psychologist, provided that the [salaried]
6 clerical or administrative employe acts at all times under the
7 supervision of a licensed psychologist, and provided further
8 that the employe does not assume to the independent practice of
9 psychology.
10 (i) Nothing herein shall be construed as authorizing any
11 person licensed as a psychologist to engage in any manner in the
12 practice of any of the healing arts as defined in the laws of
13 this Commonwealth. The psychologist who engages in practice
14 shall assist his or her client in obtaining professional help
15 for all relevant aspects of the client's problem that fall
16 outside the boundaries of the psychologist's own competence.
17 Section 4. The act is amended by adding sections to read:
18 Section 3.1. Permitted Relationships with Unlicensed
19 Professionals with Graduate Training in Psychology.--(a)
20 Individuals licensed under this act may employ and supervise
21 postdoctoral individuals completing the experience requirement
22 for licensure who shall be designated as "psychology interns,"
23 "psychology residents" or "psychological trainees." Such
24 individuals must perform their duties under the full direction,
25 control and supervision of a licensed psychologist, pursuant to
26 regulations of the board.
27 (b) Individuals licensed under this act may employ
28 professional employes, with graduate training in psychology, who
29 shall be designated as "psychology aides," "psychological
30 assistants" or "psychological services associates" pursuant to
19850S1134B1484 - 9 -
1 regulations of the board. Such individuals must perform their
2 duties under the full direction, control and supervision of a
3 licensed psychologist.
4 Section 3.2. State Board of Psychology.--(a) The State
5 Board of Psychology shall consist of nine members who are
6 citizens of the United States and who have been residents of
7 this Commonwealth for a three-year period. Eight members are to
8 be appointed by the Governor, with the advice and consent of the
9 Senate, and the Commissioner of Professional and Occupational
10 Affairs shall serve, ex officio, as the ninth member of the
11 board. Two members shall be appointed as representatives of the
12 public at large. Six members shall be appointed who shall hold
13 current valid licenses to practice psychology in this
14 Commonwealth and shall be broadly representative of the practice
15 areas of psychology.
16 (b) The terms of each professional and public member of the
17 board shall be four years, or until a successor has been
18 appointed and qualified but not longer than six months beyond
19 the four-year period. In the event that any of said members
20 shall die or resign OR OTHERWISE BECOMES DISQUALIFIED during his <--
21 or her term, a successor shall be appointed in the same way and
22 with the same qualifications and shall hold office for the
23 unexpired term. No member shall be eligible to serve more than
24 two consecutive terms.
25 (c) A majority of the members of the board serving in
26 accordance with law shall constitute a quorum for purposes of
27 conducting the business of the board. A member may not be
28 counted as part of a quorum or vote on any issue unless he or
29 she is physically in attendance at the meeting.
30 (d) The board shall select annually a chairman and a vice-
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1 chairman from among its professional members, and shall elect a
2 secretary who need not be a member of the board.
3 (e) Each member of the board, except the Commissioner of
4 Professional and Occupational Affairs shall receive sixty
5 dollars ($60) per diem when actually attending to the work of
6 the board. Members shall also receive the amount of reasonable
7 traveling, hotel and other necessary expenses incurred in the
8 performance of their duties in accordance with Commonwealth
9 regulations.
10 (f) The board is subject to evaluation, review and
11 termination within the time and in the manner provided in the
12 act of December 22, 1981 (P.L.508, No.142), known as the "Sunset
13 Act."
14 (g) A member of the board who fails to attend three
15 consecutive meetings shall forfeit his or her seat unless the
16 Commissioner of Professional and Occupational Affairs, upon
17 written request from the member, finds that the member should be
18 excused from a meeting because of illness or the death of a
19 family member.
20 (h) A public member who fails to attend TWO CONSECUTIVE <--
21 statutorily mandated training seminars in accordance with
22 section 21 of the act of November 26, 1978 (P.L.1223, No.292), <--
23 entitled "An act amending the act of April 9, 1929 (P.L.177,
24 No.175), entitled 'An act providing for and reorganizing the
25 conduct of the executive and administrative work of the
26 Commonwealth by the Executive Department thereof and the
27 administrative departments, boards, commissions, and officers
28 thereof, including the boards of trustees of State Normal
29 Schools, or Teachers Colleges; abolishing, creating,
30 reorganizing or authorizing the reorganization of certain
19850S1134B1484 - 11 -
1 administrative departments, boards, and commissions; defining
2 the powers and duties of the Governor and other executive and
3 administrative officers, and of the several administrative
4 departments, boards, commissions, and officers; fixing the
5 salaries of the Governor, Lieutenant Governor, and certain other
6 executive and administrative officers; providing for the
7 appointment of certain administrative officers, and of all
8 deputies and other assistants and employes in certain
9 departments, boards, and commissions; and prescribing the manner
10 in which the number and compensation of the deputies and all
11 other assistants and employes of certain departments, boards and
12 commissions shall be determined,' adding members of the public
13 at large to certain licensing boards, changing the name of the
14 State Board of Osteopathic Examiners, adding a dental hygienist
15 to the State Dental Council and Examining Board, including the
16 State Board of Psychologist Examiners, the State Board of Public
17 Accountants and the State Board of Landscape Architects within
18 the act, making editorial changes, further providing for the
19 powers and duties of the Bureau of Professional and Occupational
20 Affairs and the Bureau of Consumer Protection and making
21 repeals," shall 813(E) OF THE ACT OF APRIL 9, 1929 (P.L.177, <--
22 NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF 1929," SHALL
23 forfeit his seat unless the Commissioner of Professional and
24 Occupational Affairs, upon written request from the public
25 member, finds that the public member should be excused from a
26 meeting because of illness or the death of a family member.
27 (i) The board shall meet at least six times every year, and
28 at such additional times as may be necessary to conduct the
29 business of the board.
30 Section 3.3. Powers of the Board.--The board shall have the
19850S1134B1484 - 12 -
1 following powers:
2 (1) To pass upon the qualifications and fitness of
3 applicants for licenses and reciprocal licenses; and to adopt
4 and revise rules and regulations requiring applicants to pass
5 examinations relating to their qualifications as a prerequisite
6 to the issuance of license.
7 (2) To adopt, and, from time to time, revise such rules and
8 regulations and policies not inconsistent with the law as may be
9 necessary to carry into effect the provisions of this act. Such
10 rules and regulations shall include, but not be limited to,
11 standards for professional practice, and a code of ethics for
12 psychologists in the State, based upon ethical principles for
13 psychologists of the American Psychological Association.
14 (3) To examine for, deny, approve, issue, revoke, suspend,
15 restrict, limit and renew the licenses of psychologist
16 applicants pursuant to this act, and to conduct hearings in
17 connection therewith.
18 (4) To conduct hearings upon complaints concerning
19 violations of the provisions of and the rules and regulations
20 adopted pursuant to this act and cause the prosecution, impose
21 civil penalties and enjoin any such violations.
22 (5) To employ a professional credentials evaluator to review
23 applications.
24 (6) To waive examination and grant a license in cases deemed
25 exceptional by the board: Provided, however, that any one or
26 more of the powers hereinbefore set forth may be assumed and
27 exercised by the board at any time, upon its adoption of a
28 resolution to so act, with notice thereof given in writing to
29 the commissioner.
30 Section 3.4. Fees, Fines and Civil Penalties.--(a) All fees
19850S1134B1484 - 13 -
1 required pursuant to this act shall be fixed by the board by
2 regulation and shall be subject to the act of June 25, 1982
3 (P.L.633, No.181), known as the "Regulatory Review Act." If the
4 revenues raised by fees, fines and civil penalties imposed
5 pursuant to this act are not sufficient to meet expenditures
6 over a two-year period, the board shall increase those fees by
7 regulation so that the projected revenues will meet or exceed
8 projected expenditure.
9 (b) If the Bureau of Professional and Occupational Affairs
10 determines that the fees established by the board pursuant to
11 subsection (a) are inadequate to meet the minimum enforcement
12 efforts required by this act, then the bureau after consultation
13 with the board and subject to the "Regulatory Review Act," shall
14 increase the fees by regulation in an amount that adequate
15 revenues are raised to meet the required enforcement effort.
16 (c) All fees, fines and civil penalties imposed in
17 accordance with this act shall be paid into the Professional
18 Licensure Augmentation Account.
19 Section 3.5. Reports of the Board.--(a) The board shall
20 submit annually to the Department of State an estimate of the
21 financial requirements of the board for its administrative,
22 investigative, legal and miscellaneous expenses.
23 (b) The board shall submit annually to the House and Senate
24 Appropriations Committees, fifteen days after the Governor has
25 submitted his budget to the General Assembly, a copy of the
26 budget request for the upcoming fiscal year which the board
27 previously submitted to the department.
28 (c) The board shall submit annually a report to the
29 Professional Licensure Committee of the House of Representatives
30 and to the Consumer Protection and Professional Licensure
19850S1134B1484 - 14 -
1 Committee of the Senate a description of the types of complaints
2 received, status of cases, board action which has been taken and
3 the length of time from the initial complaint to final board
4 resolution.
5 Section 5. Section 6 of the act is amended to read:
6 Section 6. Qualifications for License.--(a) An applicant
7 shall be qualified for a license to practice psychology
8 [provided he submits] after submission of proof satisfactory to
9 the board that the applicant:
10 (1) [He] is of acceptable moral character; and
11 (2) [He is either (i) a graduate of an accredited college or
12 university holding a degree of Doctor of Philosophy or Doctor of
13 Education in psychology plus two years of post doctorate
14 experience acceptable to the board, or (ii) a graduate of an
15 accredited college or university holding a doctoral degree in a
16 field related to psychology, provided his experience and
17 training are acceptable to the board as being equivalent to the
18 above, or (iii) a graduate of an accredited college or
19 university holding a master's degree in psychology or another of
20 the behavioral sciences plus four years of experience provided
21 his education and experience are acceptable to the board;]
22 possesses a doctoral degree from a regionally accredited
23 institution, provided that the degree is obtained from an
24 integrated program of graduate study in psychology or IN a field <--
25 related to psychology plus no less than two years of supervised
26 experience one of which shall have been obtained subsequent to
27 the granting of the doctoral degree, and provided that such
28 experience AND TRAINING is acceptable to the board pursuant to <--
29 criteria promulgated by the board; and
30 (3) [He] has passed an examination duly adopted by the
19850S1134B1484 - 15 -
1 board; and
2 (4) [His application has been accompanied by an application
3 fee of fifty dollars ($50) or more as determined by the board,
4 payable to the commissioner.] has paid all appropriate fees in
5 the amount determined by the board by regulation.
6 (b) Each applicant [to the said board for examination or
7 licensure shall have attached thereto the] must submit an
8 affidavit or affirmation of the applicant as to [its] the verity
9 of the application. Any applicant who knowingly or willfully
10 makes a false statement of fact in his application shall be
11 subject to prosecution for perjury.
12 (c) In case of failure at any examination, the applicant
13 shall have, after the expiration of six months and within two
14 years, the privilege of a second examination by the board
15 [without] with the payment of [an] such additional fee. The
16 board may adopt [rules and procedures] regulations governing the
17 eligibility of applicants who have failed to pass two
18 examinations in order to be admitted to subsequent examinations.
19 Section 6. Section 7 of the act is repealed.
20 Section 7. Section 8 of the act is amended to read:
21 Section 8. [A license previously issued may be revoked, if
22 the person licensed be:
23 (1) Convicted of a felony or enters a plea of guilty or nolo
24 contendere thereto, or
25 (2) An habitual user of narcotics, or other habit-forming
26 drugs, or
27 (3) An habitual drunkard, or
28 (4) Found guilty of the unethical practice of psychology as
29 detailed by the code of ethical standards adopted by the board,
30 or
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1 (5) Found guilty of presenting false credentials or
2 documents in support of his application for license.] Refusal,
3 Suspension or Revocation of License.--(a) The board may refuse
4 to issue a license or may suspend, revoke, limit or restrict a
5 license or reprimand a licensee for any of the following
6 reasons:
7 (1) Failing to demonstrate the qualifications or standards
8 for a license contained in this act or regulations of the board.
9 (2) Making misleading, deceptive, untrue or fraudulent
10 representations in the practice of psychology.
11 (3) Practicing fraud or deceit in obtaining a license to
12 practice psychology.
13 (4) Displaying gross incompetence, negligence or misconduct
14 in carrying on the practice of psychology.
15 (5) Submitting a false or deceptive biennial registration to
16 the board.
17 (6) Being convicted of a felony in any state or Federal
18 court or being convicted of the equivalent of a felony in any
19 foreign country, or being convicted of a misdemeanor in the
20 practice of psychology. As used in this clause, the term
21 "convicted" includes a finding or verdict of guilt, an admission
22 of guilt or a plea of nolo contendere or receiving probation
23 without verdict, disposition in lieu of trial, or an accelerated
24 rehabilitation disposition in the disposition of felony charges.
25 (7) Having a license to practice psychology suspended,
26 revoked or refused or receiving other disciplinary action by the
27 proper psychology licensing authority of another state,
28 territory or country.
29 (8) Being unable to practice psychology with reasonable
30 skill and safety by reason of illness, drunkenness, excessive
19850S1134B1484 - 17 -
1 use of drugs, narcotics, chemicals or any other type of
2 material, or as a result of any mental or physical condition. In
3 enforcing this clause, the board shall, upon probable cause,
4 have authority to compel a psychologist to submit to a mental or
5 physical examination by an appropriate professional approved by
6 the board. Failure of a psychologist to submit to such
7 examination when directed by the board, unless such failure is
8 due to circumstances beyond his or her control, shall constitute
9 an admission of the allegations against him or her, consequent
10 upon which a default and final order may be entered without the
11 taking of testimony or presentation of evidence. A psychologist
12 affected under this clause shall at reasonable intervals, as
13 determined by the board, be afforded an opportunity to
14 demonstrate that he or she can resume a competent practice of
15 psychology with reasonable skill and safety.
16 (9) Violating a lawful regulation promulgated by the board,
17 including, but not limited to, ethical regulations, or violating
18 a lawful order of the board previously entered in a disciplinary
19 proceeding.
20 (10) Knowingly aiding, assisting, procuring or advising any
21 unlicensed person to practice psychology, contrary to this act
22 or regulations of the board.
23 (11) Committing immoral or unprofessional conduct.
24 Unprofessional conduct shall include any departure from, or
25 failure to conform to, the standards of acceptable and
26 prevailing psychological practice. Actual injury to a client
27 need not be established.
28 (12) Soliciting any engagement to perform professional
29 services by any direct, in-person or uninvited soliciting
30 through the use of coercion, duress, compulsion, intimidation,
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1 threats, overreaching or harassing conduct.
2 (13) Failing to perform any statutory obligation placed upon
3 a licensed psychologist.
4 (14) Intentionally submitting to any third-party payor a
5 claim for a service or treatment which was not actually provided
6 to a client.
7 (15) Failing to maintain professional records in accordance
8 with regulations prescribed by the board.
9 (b) When the board finds that the license OR APPLICATION FOR <--
10 LICENSE of any person may be refused, revoked, restricted or
11 suspended under the terms of subsection (a), the board may:
12 (1) Deny the application for a license.
13 (2) Administer a public reprimand.
14 (3) Revoke, suspend, limit or otherwise restrict a license
15 as determined by the board.
16 Unless ordered to do so by a court, the board shall not
17 automatically reinstate the license of a person to practice
18 psychology which has been revoked or suspended and such person
19 shall be required to submit a petition for reinstatement and
20 shall submit evidence at a hearing of the amelioration of the
21 reasons for suspension or revocation in the first place.
22 (4) Require a licensee to submit to the care, counseling or
23 treatment of an appropriate professional designated by the
24 board.
25 (5) Suspend enforcement of its findings thereof and place a
26 licensee on probation with the right to vacate the probationary
27 order for noncompliance.
28 (6) Restore a suspended license to practice psychology and
29 impose any disciplinary or corrective measure which it might
30 originally have imposed.
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1 (c) All actions of the board shall be taken subject to the
2 right of notice, hearing and adjudication and the right of
3 appeal therefrom in accordance with Title 2 of the Pennsylvania
4 Consolidated Statutes (relating to administrative law and
5 procedure).
6 (d) The board shall temporarily suspend a license under
7 circumstances as determined by the board to be an immediate and
8 clear danger to the public health and safety. The board shall
9 issue an order to that effect without a hearing, but upon due
10 notice to the licensee concerned at his or her last known
11 address, which shall include a written statement of all
12 allegations against the licensee. The provisions of subsection
13 (c) shall not apply to temporary suspension. The board shall
14 thereupon commence formal action to suspend, revoke and restrict
15 the license of the person concerned as otherwise provided for in
16 this act. All actions shall be taken promptly and without delay.
17 Within thirty days following the issuance of an order
18 temporarily suspending a license, the board shall conduct, or
19 cause to be conducted, a preliminary hearing to determine that
20 there is a prima facie case supporting the suspension. The
21 licensee whose license has been temporarily suspended may be
22 present at the preliminary hearing and may be represented by
23 counsel, cross-examine witnesses, inspect physical evidence,
24 call witnesses, offer evidence and testimony and make a record
25 of the proceedings. If it is determined that there is not a
26 prima facie case, the suspended license shall be immediately
27 restored. The temporary suspension shall remain in effect until
28 vacated by the board, but in no event longer than one hundred
29 eighty days.
30 (e) A license issued under this act shall automatically be
19850S1134B1484 - 20 -
1 suspended upon the legal commitment of a licensee to an
2 institution because of mental incompetence from any cause upon
3 filing with the board of a certified copy of such commitment,
4 conviction of a felony under the act of April 14, 1972 (P.L.233,
5 No.64), known as "The Controlled Substance, Drug, Device and
6 Cosmetic Act," or conviction of an offense under the laws of
7 another jurisdiction, which, if committed in Pennsylvania, would
8 be a felony under "The Controlled Substance, Drug, Device and
9 Cosmetic Act." As used in this section, the term "conviction"
10 shall include a judgment, an admission of guilt or a plea of
11 nolo contendere. Automatic suspension under this section shall
12 not be stayed pending an appeal of conviction. Restoration of
13 such license shall be made as provided in this act for
14 revocation or suspension of such license.
15 Section 8. The act is amended by adding a section to read:
16 Section 8.1. Reporting of Multiple Licensure.--Any licensed
17 psychologist of this Commonwealth who is also licensed to
18 practice psychology in any other state, territory or country
19 shall report this information to the board on the biennial
20 registration application. Any disciplinary action taken in other
21 states must be reported to the board on the biennial
22 registration application. Multiple licensure will be noted on
23 the psychologist's record and such state, territory or country
24 will be notified of any disciplinary actions taken against said
25 psychologist in this Commonwealth.
26 Section 9. Sections 9 and 10 of the act are repealed.
27 Section 10. Section 11 of the act is amended to read:
28 Section 11. [After eighteen months from the effective date
29 of this act it shall be unlawful for any person to practice or
30 attempt to offer to practice psychology, as defined in this act,
19850S1134B1484 - 21 -
1 without having at the time of so doing a valid, unexpired,
2 unrevoked and unsuspended license issued under this act. The
3 unlawful practice of psychology as defined in this act may be
4 enjoined by the courts on petition of the board or by the
5 commissioner. In any such proceeding it shall not be necessary
6 to show that any person is individually injured by the actions
7 complained of. If the respondent is found guilty of the unlawful
8 practice of psychology, the court shall enjoin him from so
9 practicing unless and until he has been duly licensed. Procedure
10 in such cases shall be the same as in any other injunction suit.
11 The remedy by injunction hereby given is in addition to criminal
12 prosecution and punishment.] Penalties and Injunctions Against
13 Unlawful Practice.--(a) Any person who engages or offers to
14 engage in the practice of psychology without holding a currently
15 valid license as required by this act or any person or the
16 responsible officer or employe of any corporation or
17 partnership, institution or association who violates any of the
18 provisions of this act or any rule or regulation of the board
19 promulgated pursuant thereto, for a first offense shall be
20 guilty of a misdemeanor and upon conviction shall be sentenced
21 to pay a fine of not more than one thousand dollars ($1,000) or
22 undergo imprisonment; and on each additional offense shall be
23 subject to a fine of not less than two thousand dollars ($2,000)
24 and imprisonment of not more than six months, or be subject to
25 both such fine and imprisonment of not less than six months nor
26 more than one year.
27 (b) In addition to any other civil remedy or criminal
28 penalty provided for in this act, the board, by a vote of the
29 majority of the maximum number authorized membership of the
30 board as provided by law, or by a vote of the majority of the
19850S1134B1484 - 22 -
1 duly qualified and confirmed membership or a minimum of four
2 members, whichever is greater, may levy a civil penalty of up to
3 one thousand dollars ($1,000) on any current licensee who
4 violates any provision of this act or on any person who
5 practices psychology without being properly licensed to do so
6 under this act. The board shall levy this penalty only after
7 affording the accused party the opportunity for a hearing, as
8 provided by Title 2 of the Pennsylvania Consolidated Statutes
9 (relating to administrative law and procedure). All fines and
10 civil penalties imposed in accordance with this act shall be
11 paid into the Professional Augmentation Account. The board
12 shall, within six months after the effective date of this act,
13 adopt guidelines setting forth the amounts and circumstances for
14 which a fine may be imposed. No fines may be imposed in
15 accordance with this subsection until the board has adopted the
16 required guidelines.
17 (c) The board may issue an order to show cause to any
18 individual suspected of unlawfully engaging in the practice of
19 psychology why such individual should not be enjoined from such
20 practices and made subject to appropriate fines and penalties.
21 In any such proceeding, it shall not be necessary to show that
22 any person is individually injured by the actions complained of.
23 If the respondent is found guilty of the unlawful practice of
24 psychology, the court shall enjoin him from so practicing unless
25 and until he has been duly licensed. Procedure in such cases
26 shall be the same as in any other injunction suit. The remedy by
27 injunction hereby given is in addition to criminal prosecution
28 and punishment.
29 Section 11. The act is amended by adding a section to read:
30 Section 11.1. Subpoenas.--The board shall have the authority
19850S1134B1484 - 23 -
1 to issue subpoenas, upon application of an attorney responsible
2 for representing the Commonwealth in disciplinary matters before
3 the board, for the purpose of investigating alleged violations
4 of the disciplinary provisions administered by the board. The
5 board shall have the power to subpoena witnesses, to administer
6 oaths, to examine witnesses, or take such testimony or compel
7 the production of such books, records, papers, and documents as
8 it may deem necessary or proper in, and pertinent to, any
9 proceeding, investigation, or hearing, held or had by it.
10 Medical records may not be subpoenaed without consent of the
11 patient or without order of a court of competent jurisdiction on
12 a showing that the records are reasonably necessary for the
13 conduct of the investigation. The court may impose such
14 limitations on the scope of the subpoena as are necessary to
15 prevent unnecessary intrusion in patient confidential
16 information. The board is authorized to apply to Commonwealth
17 Court to enforce its subpoenas.
18 Section 12. Section 12 of the act is amended to read:
19 Section 12. Out-of-State Licensing.--The board may recommend
20 the granting of a license without examination to any person who,
21 at the time of application holds a valid license or certificate
22 issued by a board of psychologist examiners of any state,
23 provided in the opinion of the board[,] the requirements for
24 such certification or licensure are substantially the equivalent
25 of the requirements of this act[, or at the time of application,
26 holds a diploma awarded by the American Board of Examiners in
27 Professional Psychology and upon payment of the fee specified by
28 the board].
29 Section 13. The act is amended by adding a section to read:
30 Section 12.1. Confidential Communications.--(a) The
19850S1134B1484 - 24 -
1 relations and communications between a licensed psychologist and
2 the individuals with whom the psychologist engages in the
3 practice of psychology are confidential. At the initiation of
4 the professional relationship the psychologist shall inform the
5 client of the following limitations to the confidentiality of
6 their communications.
7 (b) No psychologist, nor any colleague, agent or employe of
8 any psychologist, whether professional, clerical, academic or
9 therapeutic, nor any other person present or participating with
10 said psychologist, nor any other client or patient participating
11 as a group with said psychologist, shall disclose any
12 information acquired or revealed in the course of, or in
13 connection with, the performance of the psychologist's
14 professional services, including the fact, circumstances,
15 findings, or records of such services, except under the
16 following circumstances:
17 (1) Upon order of a court of competent jurisdiction in any
18 trial for homicide when the disclosure is related directly to
19 the fact or immediate circumstances of said homicide.
20 (2) Upon an issue as to the validity of any document, such
21 as a will of the client or patient.
22 (3) Upon the express consent of the client or patient, or
23 upon the constructive waiver by the client or patient of this
24 privilege, including but not limited to the placement in issue
25 in any court by the client or patient of his or her own state of
26 mind or mental condition, or in the case of the unavailability,
27 incapacity, or death of the client or patient upon the express
28 consent or constructive waiver of this privilege by the client's
29 or patient's legal representative.
30 (4) Upon the need to disclose information which protects the
19850S1134B1484 - 25 -
1 rights and safety of others when:
2 (i) the client presents a clear and present danger to
3 himself or herself and refuses to accept further appropriate
4 protective treatment. In such circumstances the psychologist may
5 petition the county Mental Health Administrator to institute
6 proceedings for further treatment and may contact members of the
7 client's family or others if in the opinion of the psychologist
8 it would ensure the safety of the client; or
9 (ii) the client presents a clear and present danger to
10 others. In such circumstances the psychologist has a duty to
11 inform the proper authorities and if, in the opinion of the
12 psychologist, harm may be prevented to a particular, identified
13 individual, the psychologist may also contact and warn such
14 individual.
15 (5) If disclosure is required by statute to protect the
16 safety of others.
17 (6) If disclosure is required by the order of a criminal or
18 civil court the psychologist shall invoke the right to
19 privileged communication pursuant to section 5944 of Title 42 of
20 the Pennsylvania Consolidated Statutes (relating to judiciary <--
21 and judicial procedure CONFIDENTIAL COMMUNICATIONS TO LICENSED <--
22 PSYCHOLOGISTS), and such court may utilize the provisions of
23 this section in construing the scope of privileged
24 communication.
25 (c) Access to written records is controlled by the client
26 except:
27 (1) A psychologist may release certain general information
28 such as the number of sessions or the diagnosis and prognosis to
29 a third-party payor for the purpose of obtaining payment for
30 services rendered.
19850S1134B1484 - 26 -
1 (2) The written records controlled by the client do not
2 include the psychologist's working notes used in the preparation
3 of formal records or reports.
4 Section 14. Sections 14 and 15 of the act are amended to
5 read:
6 Section 14. Severability.--If any section of this act, or
7 any part thereof, shall be adjudged by any court of competent
8 jurisdiction, to be invalid, such judgment shall not affect,
9 impair or invalidate the remainder of any section or part
10 thereof.
11 Section 15. Renewal; Fees; Records.--Provision shall be made
12 for renewal of licenses on a biennial basis. The board may
13 develop requirements for the required number of hours of
14 continuing education as a condition of biennial renewal. Such
15 hours shall be determined by the board and approved by the
16 Professional Licensure Committee of the House of Representatives
17 and the Consumer Protection and Professional Licensure Committee
18 of the Senate. The fee for renewal of license shall be [ten
19 dollars ($10) or more] an amount as specified by the board by
20 regulation. A record of all psychologists licensed to practice
21 in Pennsylvania shall be kept in the office of the commissioner.
22 A duplicate record shall be kept by the board and [published in
23 such manner and interval as it deems necessary] made available
24 to the public in such manner as it deems appropriate.
25 Section 15. The act is amended by adding sections to read:
26 Section 16. Reinstatement of License.--Unless ordered to do
27 so by Commonwealth Court or an appeal therefrom, the board shall
28 not reinstate the license of a person to practice psychology
29 pursuant to this act which has been revoked. Any person whose
30 license has been revoked may apply for reinstatement, after a
19850S1134B1484 - 27 -
1 period of at least five years, but must meet all of the
2 licensing qualifications of this act for the license applied
3 for, to include the examination requirement, if he or she
4 desires to practice at any time after such revocation.
5 Section 17. Surrender of Suspended or Revoked License.--The
6 board shall require a person whose license or registration has
7 been suspended or revoked, to return in such manner as the board
8 directs, the license or registration. Failure to do so shall be
9 a misdemeanor of the third degree.
10 Section 18. Impaired Professional.--(a) The board, with the
11 approval of the Commissioner of Professional and Occupational
12 Affairs, shall appoint and fix the compensation of a
13 professional consultant who is a licensee of the board with
14 education and experience in the identification, treatment and
15 rehabilitation of persons with physical or mental impairments.
16 Such consultant shall be accountable to the board and shall act
17 as a liaison between the board and treatment programs, such as
18 Alcoholics Anonymous, Narcotics Anonymous, psychological
19 counseling, impaired professional support groups, which are
20 approved by the board and which provide services to licensees
21 under this act.
22 (b) The board may defer and ultimately dismiss any of the
23 types of corrective action set forth in this act for an impaired
24 professional so long as the professional is progressing
25 satisfactorily in an approved treatment program, provided that
26 the provisions of this subsection shall not apply to a
27 professional convicted of a felonious act prohibited by the act
28 of April 14, 1972 (P.L.233, No.64), known as "The Controlled
29 Substance, Drug, Device and Cosmetic Act," or convicted of a
30 felony relating to a controlled substance in a court of law of
19850S1134B1484 - 28 -
1 the United States or any other state, territory or country. An
2 approved program provider shall, upon request, disclose to the
3 consultant all information in its possession regarding any
4 impaired professional in treatment.
5 (c) An impaired professional who enrolls in an approved
6 treatment program shall request a voluntary suspension of his or <--
7 her license or certificate or, IF NECESSARY, agree to a <--
8 limitation of his or her ability to practice. Failure to do so
9 disqualifies the professional from the impaired professional
10 program and shall activate an immediate investigation and
11 disciplinary proceeding by the board.
12 (d) If, in the opinion of the consultant after consultation
13 with the provider, an impaired professional who is enrolled in
14 an approved treatment has not progressed satisfactorily, the
15 consultant shall disclose to the board all information in its
16 possession relevant to the issue of impairment regarding said
17 professional; and such disclosure shall constitute the basis for
18 instituting proceedings to suspend or revoke the license of said
19 professional.
20 (e) An approved program provider who makes a disclosure
21 pursuant to this section shall not be subject to civil liability
22 for such disclosure or its consequences.
23 (f) Any hospital or health care facility, licensee, <--
24 certificate holder, peer or colleague who knows or has evidence
25 that a professional has an addictive disease, is diverting a
26 controlled substance or is mentally or physically incompetent to
27 carry out the duties of his or her license shall make or cause
28 to be made a report to the board: PROVIDED, THAT ANY PERSON OR <--
29 FACILITY WHO ACTS IN A TREATMENT CAPACITY TO AN IMPAIRED
30 PROFESSIONAL IN AN APPROVED TREATMENT PROGRAM IS EXEMPT FROM THE
19850S1134B1484 - 29 -
1 MANDATORY REPORTING REQUIREMENTS OF THIS SUBSECTION. Any person
2 or facility who reports pursuant to this section in good faith
3 and without malice shall be immune from any civil or criminal
4 liability arising from such report. Failure to provide such
5 report within a reasonable time from receipt of knowledge of
6 impairment shall subject the person or facility to a fine not to
7 exceed one thousand dollars ($1,000). The board shall levy this
8 penalty only after affording the accused party the opportunity
9 for a hearing, as provided in Title 2 of the Pennsylvania
10 Consolidated Statutes (relating to administrative law and
11 procedure).
12 Section 16. This act, with respect to the State Board of
13 Psychologist Examiners, shall constitute the legislation
14 required to reestablish an agency pursuant to the act of
15 December 22, 1981 (P.L.508, No.142), known as the Sunset Act.
16 Section 17. (a) Section 476.1 of the act of April 9, 1929
17 (P.L.177, No.175), known as The Administrative Code of 1929, is
18 repealed.
19 (b) All other acts and parts of acts are repealed insofar as
20 they are inconsistent with this act.
21 Section 18. The presently confirmed members of the State
22 Board of Psychologist Examiners constituted under section 476.1
23 of the act of April 9, 1929 (P.L.177, No.175), known as The
24 Administrative Code of 1929, as of December 31, 1985, shall
25 continue to serve as board members until their present terms of
26 office expire.
27 Section 19. Each rule and regulation of the board in effect
28 on December 31, 1985, and not inconsistent with this act, shall
29 remain in effect after such date until repealed or amended by
30 the board. EACH FEE OF THE BOARD IN EFFECT ON DECEMBER 31, 1985, <--
19850S1134B1484 - 30 -
1 AND NOT INCONSISTENT WITH THIS ACT, SHALL REMAIN IN EFFECT AFTER
2 SUCH DATE UNTIL REPEALED OR AMENDED BY THE BOARD OR THE
3 COMMISSIONER.
4 Section 20. (a) Any person who holds a valid license issued
5 by the State Board of Psychologist Examiners under the act of
6 March 23, 1972 (P.L.136, No.52), referred to as the
7 Psychologists License Act, relating to the practice of
8 psychology, prior to the effective date of this amendatory act
9 shall, on and after the effective date hereof, be deemed to be
10 licensed by the State Board of Psychologists as provided for in
11 this amendatory act.
12 (b) The doctoral level training requirements imposed by this
13 act shall not apply for a period of seven years following the
14 enactment of this act to any individuals who (i) upon the date
15 of enactment of this act are pursuing graduate training in the
16 expectation of seeking licensure, or (ii) upon the date of
17 enactment of this act are pursuing postgraduate supervised
18 experience in anticipation of seeking licensure. Any such
19 individuals may within a period of seven years following the
20 enactment of this law be granted a license by the board based
21 upon prior law governing graduate training and experience
22 requirements and fulfillment of all other requirements currently
23 in effect, including passing the examination, but only provided
24 that such individuals register their intention to seek licensure
25 upon such a basis with the board, in a manner to be determined
26 by the board, within nine months of the enactment of this act.
27 Section 21. This act shall take effect January 1, 1986.
J1L63RLC/19850S1134B1484 - 31 -