HOUSE AMENDED
PRIOR PRINTER'S NOS. 1412, 1484, 1601 PRINTER'S NO. 1652
No. 1134 Session of 1985
INTRODUCED BY BELL, PETERSON, MOORE AND REIBMAN, OCTOBER 4, 1985
AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 4, 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 Psychology;
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, remediation and
13 consultation; and
14 (5) psychological consultation to organizations,
15 individuals, families and groups.
16 In this definition, "psychological principles, methods, and
17 procedures" include the body of information that can be derived
18 only from an integrated graduate program of study in psychology,
19 and other education and training recognized by the board as a
20 prerequisite for a license under this act, and that does not
21 purport to be the practice of medicine. A physician is
22 responsible for those acts of diagnosis, treatment, or
23 prescription or ordering of drugs which may only be performed by
24 a physician.
25 Consistent with professional ethics, the psychologist who
26 engages in practice shall assist his or her client in obtaining
27 professional help for all relevant aspects of the client's
28 problem that falls outside the boundaries of the psychologist's
29 own competence.
30 Section 3. [It shall be unlawful for any person to engage in <--
19850S1134B1652 - 4 -
1 the practice of psychology or to offer or attempt to do so
2 unless he shall first have obtained a license pursuant to this
3 act, except as hereinafter provided:] Necessity for license; <--
4 exempt practices; prohibited practices.--(a) No person shall
5 represent himself or herself to the public by use of the title
6 "psychologist" or engage in the practice of psychology unless
7 that person complies with the provisions of this act. A person
8 represents himself or herself to be a psychologist if that
9 person uses any title or description of services incorporating
10 the words "psychology" or "psychological," or other terms
11 implying training, experience or expertise in psychology or
12 offers to render, or renders the services defined as the
13 practice of psychology in this act to individuals, groups,
14 organizations, institutions or the public for compensation.
15 (b) Notwithstanding the provisions of subsection (a), the
16 provisions of this act do not apply to:
17 (1) Simple acts of persuasion or suggestion by one person to
18 another, or to a group.
19 [(2) Persons licensed to practice any of the healing arts in <--
20 this Commonwealth shall be exempt from the provisions of this
21 act. Nothing in this act shall be construed to limit the
22 practice of persons licensed to practice any of the healing arts
23 in any way and any persons offering services under the direct
24 supervision of such persons licensed to practice the healing
25 arts shall be exempt. Nothing herein shall be construed as
26 authorizing any person licensed as a psychologist to engage in
27 any manner in the practice of any of the healing arts as defined
28 in the laws of this Commonwealth on the effective date of this
29 act. The psychologist who engages in practice shall assist his
30 client in obtaining professional help for all relevant aspects
19850S1134B1652 - 5 -
1 of his problem that fall outside the boundaries of the
2 psychologist's own competence. Provision must be made for the
3 diagnosis and treatment of relevant health care problems by an
4 appropriate qualified practitioner of the healing arts.
5 (3) Nothing in this act shall be construed to prevent
6 qualified members of other recognized professions from doing
7 work of a psychological nature consistent with the training and
8 the code of ethics of their respective professions.] <--
9 (2) Volunteer services provided to individuals or groups in <--
10 crisis or emergency situations.
11 (3) Persons licensed to practice any of the healing arts and
12 practicing within the scope of that license or certificate as
13 otherwise authorized by law. The provisions of this clause shall
14 include:
15 (i) Medicine as authorized by the act of July 20, 1974
16 (P.L.551, No.190), known as the "Medical Practice Act of 1974."
17 (ii) Osteopathy as authorized by the act of October 5, 1978
18 (P.L.1109, No.261), known as the "Osteopathic Medical Practice
19 Act."
20 (iii) Professional nursing as authorized by the act of May
21 22, 1951 (P.L.317, No.69), known as "The Professional Nursing
22 Law.",
23 (iv) Chiropractic as authorized by the act of August 10,
24 1951 (P.L.1182, No.264), known as the "Chiropractic Registration
25 Act of 1951."
26 (4) Persons who are qualified members of other recognized
27 professions, including clergy, practicing within the scope of
28 their respective professions. The provisions of this clause
29 shall include:
30 (i) Certified alcohol and drug abuse counselors certified by
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1 the Pennsylvania Alcohol and Drug Abuse Counselor Certification
2 Board.
3 (ii) Certified counselors certified by the National Board
4 for Certified Counselors or the National Academy of Certified
5 Clinical Mental Health Counselors.
6 (iii) Certified social workers certified by the Academy of
7 Certified Social Workers of the National Association of Social
8 Workers.
9 (iv) Certified marriage and family therapists certified by
10 the American Association of Marriage and Family Therapy.
11 (v) Certified pastoral counselors certified by the National
12 Association of Pastoral Counselors.
13 (vi) Certified rehabilitation counselors certified by the
14 National Association of Rehabilitation Professionals
15 Certification Board.
16 (vii) Certified psychoanalysts certified by the National
17 Association for the Accreditation of Psychoanalysis or the
18 American Psychoanalytic Association.
19 [(4)] (c) Nothing in this act shall be construed to limit <--
20 the practice of psychology or use of an official title on the
21 part of a person employed as a psychologist by a Federal, State,
22 county, or municipal agency, or other political subdivisions, or
23 those persons certified and employed as school psychologists in
24 the public and private schools of the Commonwealth, in so far as
25 such practice is a part of the normal function of his [salaried]
26 position or is performed on behalf of or according to the usual
27 expectations of his employer.
28 [(5)] (d) Nothing in this act is to be construed as <--
29 restricting the use of the term "social psychologist" by any
30 person who meets the qualifications specified in section 6.
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1 [(6)] (e) Nothing in this act shall be construed to limit <--
2 the practice of psychology or use of an official title on the
3 part of a member of the faculty or staff of a duly accredited
4 university, college, hospital or State-approved nonpublic school
5 in so far as such practice is a part of the normal function of
6 his [salaried] position or is performed on behalf of or
7 according to the usual expectations of his employer. Nothing in
8 this act shall be construed to limit the practice of psychology
9 or use of an official title on the part of a student, intern or
10 resident in psychology, pursuing a course of study in a duly
11 accredited university, college or hospital or similar training
12 facility for the qualified training of psychologists, provided
13 that such practice and use of title constitute a part of his
14 supervised course of study, and he is designated by such titles
15 as "psychology intern," "psychology trainee," or other title
16 clearly indicating such training status. Nothing in this act
17 shall be construed to limit the activities of a faculty or staff
18 member of a duly accredited university, college, or hospital, or
19 research unit of a duly recognized business or industrial firm
20 or corporation, in the performance of experimental and
21 scientific research activities for the primary purpose of
22 contributing to or enlarging upon scientific principles of
23 psychology. Nothing in this act shall be construed to limit the
24 use of the term "psychology," "psychologist," or
25 "psychological," in connection with the aforementioned
26 experimental or scientific research activities or for the
27 purpose of publication of the research findings in professional
28 and scientific journals, or for the purpose of providing
29 scientific information to any user of such information.
30 [(7)] (f) Nothing in this act shall be construed to prohibit <--
19850S1134B1652 - 8 -
1 the practice of psychology by a person who, in the opinion of
2 the board meets the minimum qualifications for licensure under
3 this act, provided said person is on temporary assignment in
4 this Commonwealth, as temporary is defined by board regulation.
5 [(8)] (g) Nothing in this act shall be construed to prohibit <--
6 employes of business and industrial organizations from applying
7 the principles of psychology [described in clause (3) of section <--
8 2] to the employment placement, evaluation, selection, promotion <--
9 or job adjustment of their own officers or employes or those of
10 any associated organization. No business or industrial firm or
11 corporation may sell or offer to the public or to individuals or
12 to other firms or corporations for remuneration any
13 psychological acts or services as are part of the practice of
14 psychology unless such services are performed by individuals
15 duly and appropriately licensed under this act.
16 [(9)] (h) Nothing in this act shall be construed to limit <--
17 the activities of a [salaried] clerical or administrative
18 employe in the performance of duties incidental to and necessary
19 to the work of a psychologist, provided that the [salaried]
20 clerical or administrative employe acts at all times under the
21 supervision of a licensed psychologist, and provided further
22 that the employe does not assume to the independent practice of
23 psychology.
24 Section 4. The act is amended by adding sections to read:
25 Section 3.1. Permitted Relationships with Unlicensed <--
26 Professionals with Graduate Training in Psychology.--(a)
27 Individuals licensed under this act may employ and supervise
28 postdoctoral individuals completing the experience requirement
29 for licensure who shall be designated as "psychology interns,"
30 "psychology residents" or "psychological trainees." Such
19850S1134B1652 - 9 -
1 individuals must perform their duties under the full direction,
2 control and supervision of a licensed psychologist, pursuant to
3 regulations of the board.
4 (b) Individuals licensed under this act may employ
5 professional employes, with graduate training in psychology, who
6 shall be designated as "psychology aides," "psychological
7 assistants" or "psychological services associates" pursuant to
8 regulations of the board. Such individuals must perform their
9 duties under the full direction, control and supervision of a
10 licensed psychologist.
11 Section 3.2 3.1. State Board of Psychology.--(a) The State <--
12 Board of Psychology shall consist of nine members who are
13 citizens of the United States and who have been residents of
14 this Commonwealth for a three-year period. Eight members are to
15 be appointed by the Governor, with the advice and consent of A <--
16 MAJORITY OF THE MEMBERS ELECTED TO the Senate, and the
17 Commissioner of Professional and Occupational Affairs shall
18 serve as the ninth member of the board. Two members shall be
19 appointed as representatives of the public at large. Six members
20 shall be appointed who shall hold current valid licenses to
21 practice psychology in this Commonwealth and shall be broadly
22 representative of the practice areas of psychology.
23 (b) The terms of each professional and public member of the
24 board shall be four years, or until a successor has been
25 appointed and qualified but not longer than six months beyond
26 the four-year period. In the event that any of said members
27 shall die or resign or otherwise becomes BECOME disqualified <--
28 during his or her term, a successor shall be appointed in the
29 same way and with the same qualifications and shall hold office
30 for the unexpired term. No member shall be eligible for
19850S1134B1652 - 10 -
1 appointment to serve more than two consecutive terms.
2 (c) A majority of the members of the board serving in
3 accordance with law shall constitute a quorum for purposes of
4 conducting the business of the board. Except for temporary and
5 automatic suspensions under section 8(d) and (e), a member may
6 not be counted as part of a quorum or vote on any issue unless
7 he or she is physically in attendance at the meeting.
8 (d) The board shall select annually a chairman and a vice-
9 chairman from among its professional members, and shall elect a <--
10 secretary who, WITH THE APPROVAL OF THE COMMISSIONER OF <--
11 PROFESSIONAL AND OCCUPATIONAL AFFAIRS, need not be a member of
12 the board.
13 (e) Each member of the board, except the Commissioner of
14 Professional and Occupational Affairs, shall receive sixty <--
15 dollars ($60) per diem when actually attending to the work of
16 the board. Members shall also receive the amount of reasonable
17 traveling, hotel and other necessary expenses incurred in the
18 performance of their duties in accordance with Commonwealth
19 regulations.
20 (f) The board is subject to evaluation, review and
21 termination within the time and in the manner provided in the
22 act of December 22, 1981 (P.L.508, No.142), known as the "Sunset
23 Act."
24 (g) A member of the board who fails to attend three
25 consecutive meetings shall forfeit his or her seat unless the
26 Commissioner of Professional and Occupational Affairs, upon
27 written request from the member, finds that the member should be
28 excused from a meeting because of illness or the death of a
29 family member.
30 (h) A public member who fails to attend two consecutive
19850S1134B1652 - 11 -
1 statutorily mandated training seminars in accordance with
2 section 813(e) of the act of April 9, 1929 (P.L.177, No.175),
3 known as "The Administrative Code of 1929," shall forfeit his
4 seat unless the Commissioner of Professional and Occupational
5 Affairs, upon written request from the public member, finds that
6 the public member should be excused from a meeting because of
7 illness or the death of a family member.
8 (i) The board shall meet at least six times every year, and
9 at such additional times as may be necessary to conduct the
10 business of the board.
11 Section 3.3 3.2. Powers of the Board.--The board shall have <--
12 the following powers:
13 (1) To pass upon the qualifications and fitness of
14 applicants for licenses and reciprocal licenses; and to adopt
15 and revise rules and regulations requiring applicants to pass
16 examinations relating to their qualifications as a prerequisite
17 to the issuance of license.
18 (2) To adopt, and, from time to time, revise such rules and
19 regulations and policies not inconsistent with the law as may be
20 necessary to carry into effect the provisions of this act. Such
21 rules and regulations shall include, but not be limited to,
22 standards for professional practice, and a code of ethics for
23 psychologists in the State. based upon ethical principles for <--
24 psychologists of the American Psychological Association.
25 (3) To examine for, deny, approve, issue, revoke, suspend,
26 restrict, limit and renew the licenses of psychologist
27 applicants pursuant to this act, and to conduct hearings in
28 connection therewith.
29 (4) To conduct hearings upon complaints concerning
30 violations of the provisions of and the rules and regulations
19850S1134B1652 - 12 -
1 adopted pursuant to this act and cause the prosecution, impose
2 civil penalties and enjoin any such violations.
3 (5) To employ, WITH THE APPROVAL OF THE COMMISSIONER OF <--
4 PROFESSIONAL AND OCCUPATIONAL AFFAIRS, a professional
5 credentials evaluator to review applications.
6 (6) To waive examination and grant a license in cases deemed
7 exceptional by the board: Provided, however, that any one or <--
8 more of the powers hereinbefore set forth may be assumed and
9 exercised by the board at any time, upon its adoption of a
10 resolution to so act, with notice thereof given in writing to
11 the commissioner. AND IN ACCORDANCE WITH BOARD REGULATIONS. <--
12 Section 3.4 3.3. Fees, Fines and Civil Penalties.--(a) All <--
13 fees required pursuant to this act shall be fixed by the board
14 by regulation and shall be subject to the act of June 25, 1982
15 (P.L.633, No.181), known as the "Regulatory Review Act." If the
16 revenues raised by fees, fines and civil penalties imposed
17 pursuant to this act are not sufficient to meet expenditures
18 over a two-year period, the board shall increase those fees by
19 regulation so that the projected revenues will meet or exceed
20 projected expenditure EXPENDITURES. <--
21 (b) If the Bureau of Professional and Occupational Affairs
22 determines that the fees established by the board pursuant to
23 subsection (a) are inadequate to meet the minimum enforcement
24 efforts required by this act, then the bureau after consultation
25 with the board and subject to the "Regulatory Review Act," shall
26 increase the fees by regulation in an amount that adequate
27 revenues are raised to meet the required enforcement effort.
28 (c) All fees, fines and civil penalties imposed in
29 accordance with this act shall be paid into the Professional
30 Licensure Augmentation Account.
19850S1134B1652 - 13 -
1 (d) The board may charge a fee, as set by the board by
2 regulation, for all examinations, registrations, renewals,
3 certifications, licensures or applications permitted by this act
4 or the regulations thereunder.
5 Section 3.5 3.4. Reports of the Board.--(a) The board shall <--
6 submit annually to the Department of State an estimate of the
7 financial requirements of the board for its administrative,
8 investigative, legal and miscellaneous expenses.
9 (b) The board shall submit annually to the House and Senate
10 Appropriations Committees, fifteen days after the Governor has
11 submitted his budget to the General Assembly, a copy of the
12 budget request for the upcoming fiscal year which the board
13 previously submitted to the department.
14 (c) The board shall submit annually a report to the
15 Professional Licensure Committee of the House of Representatives
16 and to the Consumer Protection and Professional Licensure
17 Committee of the Senate CONTAINING a description of the types of <--
18 complaints received, status of cases, board action which has
19 been taken and the length of time from the initial complaint to
20 final board resolution.
21 Section 5. Section 6 of the act is amended to read:
22 Section 6. Qualifications for License.--(a) An applicant
23 shall be qualified for a license to practice psychology
24 [provided he submits] after submission of proof satisfactory to
25 the board that the applicant:
26 (1) [He] is of acceptable moral character; and
27 (2) [He] is either (i) a graduate of an accredited college <--
28 or university holding a degree of Doctor of Philosophy or Doctor
29 of Education in psychology plus two years of post doctorate
30 experience acceptable to the board, or (ii) a graduate of an
19850S1134B1652 - 14 -
1 accredited college or university holding a doctoral degree in a
2 field related to psychology, provided his experience and
3 training are acceptable to the board as being equivalent to the
4 above, or (iii) a graduate of an accredited college or
5 university holding a master's degree in psychology or another of
6 the behavioral sciences plus four years of experience provided
7 his education and experience are acceptable to the board;] <--
8 possesses a doctoral degree from a regionally accredited
9 institution, provided that the degree is obtained from an
10 integrated program of graduate study in psychology or in a field
11 related to psychology plus no less than two years of supervised
12 experience one of which shall have been obtained subsequent to
13 the granting of the doctoral degree, and provided that such
14 experience and training is acceptable to the board pursuant to
15 criteria promulgated by the board; and
16 (3) [He] has passed an examination duly adopted by the
17 board; and
18 (4) [His application has been accompanied by an application
19 fee of fifty dollars ($50) or more as determined by the board,
20 payable to the commissioner.] has paid all appropriate fees in
21 the amount determined by the board by regulation.
22 (b) Each applicant [to the said board for examination or
23 licensure shall have attached thereto the] must submit an
24 affidavit or affirmation of the applicant as to [its] the verity
25 of the application. Any applicant who knowingly or willfully
26 makes a false statement of fact in his application shall be
27 subject to prosecution for perjury.
28 (c) In case of failure at any examination, the applicant
29 shall have, after the expiration of six months and within two
30 years, the privilege of a second examination by the board
19850S1134B1652 - 15 -
1 [without] with the payment of [an] such additional fee. The <--
2 board may adopt [rules and procedures] regulations governing the
3 eligibility of applicants who have failed to pass two
4 examinations in order to be admitted to subsequent examinations.
5 Section 6. Section 7 of the act is repealed.
6 Section 7. Section 8 of the act is amended to read:
7 Section 8. [A license previously issued may be revoked, if
8 the person licensed be:
9 (1) Convicted of a felony or enters a plea of guilty or nolo
10 contendere thereto, or
11 (2) An habitual user of narcotics, or other habit-forming
12 drugs, or
13 (3) An habitual drunkard, or
14 (4) Found guilty of the unethical practice of psychology as
15 detailed by the code of ethical standards adopted by the board,
16 or
17 (5) Found guilty of presenting false credentials or
18 documents in support of his application for license.] Refusal,
19 Suspension or Revocation of License.--(a) The board may refuse
20 to issue a license or may suspend, revoke, limit or restrict a
21 license or reprimand a licensee for any of the following
22 reasons:
23 (1) Failing to demonstrate the qualifications or standards
24 for a license contained in this act or regulations of the board.
25 (2) Making misleading, deceptive, untrue or fraudulent
26 representations in the practice of psychology.
27 (3) Practicing fraud or deceit in obtaining a license to
28 practice psychology.
29 (4) Displaying gross incompetence, negligence or misconduct
30 in carrying on the practice of psychology.
19850S1134B1652 - 16 -
1 (5) Submitting a false or deceptive biennial registration to
2 the board.
3 (6) Being convicted of a felony in any state or Federal
4 court or being convicted of the equivalent of a felony in any
5 foreign country, or being convicted of a misdemeanor in the
6 practice of psychology. As used in this clause, the term
7 "convicted" includes a finding or verdict of guilt, an admission
8 of guilt or a plea of nolo contendere or receiving probation
9 without verdict, disposition in lieu of trial, or an accelerated
10 rehabilitation disposition in the disposition of felony charges.
11 (7) Having a license to practice psychology suspended,
12 revoked or refused or receiving other disciplinary action by the
13 proper psychology licensing authority of another state,
14 territory or country.
15 (8) Being unable to practice psychology with reasonable
16 skill and safety by reason of illness, drunkenness, excessive
17 use of drugs, narcotics, chemicals or any other type of
18 material, or as a result of any mental or physical condition. In
19 enforcing this clause, the board shall, upon probable cause,
20 have authority to compel a psychologist to submit to a mental or
21 physical examination by an appropriate professional A PHYSICIAN <--
22 OR A PSYCHOLOGIST approved by the board. Failure of a
23 psychologist to submit to such examination when directed by the
24 board, unless such failure is due to circumstances beyond his or
25 her control, shall constitute an admission of the allegations
26 against him or her, consequent upon which a default and final
27 order may be entered without the taking of testimony or
28 presentation of evidence. A psychologist affected under this
29 clause shall at reasonable intervals, as determined by the
30 board, be afforded an opportunity to demonstrate that he or she
19850S1134B1652 - 17 -
1 can resume a competent practice of psychology with reasonable
2 skill and safety.
3 (9) Violating a lawful regulation promulgated by the board,
4 including, but not limited to, ethical regulations, or violating
5 a lawful order of the board previously entered in a disciplinary
6 proceeding.
7 (10) Knowingly aiding, assisting, procuring or advising any
8 unlicensed person to practice psychology, contrary to this act
9 or regulations of the board.
10 (11) Committing immoral or unprofessional conduct.
11 Unprofessional conduct shall include any departure from, or
12 failure to conform to, the standards of acceptable and
13 prevailing psychological practice. Actual injury to a client
14 need not be established.
15 (12) Soliciting any engagement to perform professional
16 services by any direct, in-person or uninvited soliciting
17 through the use of coercion, duress, compulsion, intimidation,
18 threats, overreaching or harassing conduct.
19 (13) Failing to perform any statutory obligation placed upon
20 a licensed psychologist.
21 (14) Intentionally submitting to any third-party payor a
22 claim for a service or treatment which was not actually provided
23 to a client.
24 (15) Failing to maintain professional records in accordance
25 with regulations prescribed by the board.
26 (b) When the board finds that the license or application for
27 license of any person may be refused, revoked, restricted or
28 suspended under the terms of subsection (a), the board may:
29 (1) Deny the application for a license.
30 (2) Administer a public reprimand.
19850S1134B1652 - 18 -
1 (3) Revoke, suspend, limit or otherwise restrict a license
2 as determined by the board.
3 Unless ordered to do so by a court, the board shall not <--
4 automatically reinstate the license of a person to practice
5 psychology which has been revoked or suspended and such person
6 shall be required to submit a petition for reinstatement and
7 shall submit evidence at a hearing of the amelioration of the
8 reasons for suspension or revocation in the first place.
9 (4) Require a licensee to submit to the care, counseling or
10 treatment of an appropriate professional A PHYSICIAN OR A <--
11 PSYCHOLOGIST designated by the board.
12 (5) Suspend enforcement of its findings thereof and place a
13 licensee on probation with the right to vacate the probationary
14 order for noncompliance.
15 (6) Restore a suspended license to practice psychology and
16 impose any disciplinary or corrective measure which it might
17 originally have imposed.
18 (c) All actions of the board shall be taken subject to the
19 right of notice, hearing and adjudication and the right of
20 appeal therefrom in accordance with Title 2 of the Pennsylvania
21 Consolidated Statutes (relating to administrative law and
22 procedure).
23 (d) The board shall temporarily suspend a license under
24 circumstances as determined by the board to be an immediate and
25 clear danger to the public health and safety. The board shall
26 issue an order to that effect without a hearing, but upon due
27 notice to the licensee concerned at his or her last known
28 address, which shall include a written statement of all
29 allegations against the licensee. The provisions of subsection
30 (c) shall not apply to temporary suspension. The board shall
19850S1134B1652 - 19 -
1 thereupon commence formal action to suspend, revoke and OR <--
2 restrict the license of the person concerned as otherwise
3 provided for in this act. All actions shall be taken promptly
4 and without delay. Within thirty days following the issuance of
5 an order temporarily suspending a license, the board shall
6 conduct, or cause to be conducted, a preliminary hearing to
7 determine that there is a prima facie case supporting the
8 suspension. The licensee whose license has been temporarily
9 suspended may be present at the preliminary hearing and may be
10 represented by counsel, cross-examine witnesses, inspect
11 physical evidence, call witnesses, offer evidence and testimony
12 and make a record of the proceedings. If it is determined that
13 there is not a prima facie case, the suspended license shall be
14 immediately restored. The temporary suspension shall remain in
15 effect until vacated by the board, but in no event longer than
16 one hundred eighty days.
17 (e) A license issued under this act shall automatically be
18 suspended upon the legal commitment of a licensee to an
19 institution because of mental incompetence from any cause upon
20 filing with the board of a certified copy of such commitment,
21 conviction of a felony under the act of April 14, 1972 (P.L.233,
22 No.64), known as "The Controlled Substance, Drug, Device and
23 Cosmetic Act," or conviction of an offense under the laws of
24 another jurisdiction, which, if committed in Pennsylvania, would
25 be a felony under "The Controlled Substance, Drug, Device and
26 Cosmetic Act." As used in this section, the term "conviction"
27 shall include a judgment, an admission of guilt or a plea of
28 nolo contendere. Automatic suspension under this section shall
29 not be stayed pending an appeal of conviction. Restoration of
30 such license shall be made as provided in this act for
19850S1134B1652 - 20 -
1 revocation or suspension of such license.
2 Section 8. The act is amended by adding a section to read:
3 Section 8.1. Reporting of Multiple Licensure.--Any licensed
4 psychologist of this Commonwealth who is also licensed to
5 practice psychology in any other state, territory or country
6 shall report this information to the board on the biennial
7 registration application. Any disciplinary action taken in other
8 states must SHALL be reported to the board on the biennial <--
9 registration application, or within ninety days of disposition,
10 whichever is sooner. Multiple licensure will SHALL be noted BY <--
11 THE BOARD on the psychologist's record and such state, territory
12 or country will SHALL be notified BY THE BOARD of any <--
13 disciplinary actions taken against said psychologist in this
14 Commonwealth.
15 Section 9. Sections 9 and 10 of the act are repealed.
16 Section 10. Section 11 of the act is amended to read:
17 Section 11. [After eighteen months from the effective date
18 of this act it shall be unlawful for any person to practice or
19 attempt to offer to practice psychology, as defined in this act,
20 without having at the time of so doing a valid, unexpired,
21 unrevoked and unsuspended license issued under this act. The
22 unlawful practice of psychology as defined in this act may be
23 enjoined by the courts on petition of the board or by the
24 commissioner. In any such proceeding it shall not be necessary
25 to show that any person is individually injured by the actions
26 complained of. If the respondent is found guilty of the unlawful
27 practice of psychology, the court shall enjoin him from so
28 practicing unless and until he has been duly licensed. Procedure
29 in such cases shall be the same as in any other injunction suit.
30 The remedy by injunction hereby given is in addition to criminal
19850S1134B1652 - 21 -
1 prosecution and punishment.] Penalties and Injunctions Against
2 Unlawful Practice.--(a) Any person who engages or offers to
3 engage in the practice of psychology without holding a currently
4 valid license as required by this act or any person or the
5 responsible officer or employe of any corporation or
6 partnership, institution or association who violates any of the
7 provisions of this act or any rule or regulation of the board
8 promulgated pursuant thereto, for a first offense shall be
9 guilty of a misdemeanor and upon conviction shall be sentenced
10 to pay a fine of not more than one thousand dollars ($1,000) or
11 undergo imprisonment of not more than six months; and on each
12 additional offense shall be subject to a fine of not less than
13 two thousand dollars ($2,000) or imprisonment of not less than
14 six months nor more than one year, or both.
15 (b) In addition to any other civil remedy or criminal
16 penalty provided for in this act, the board, by a vote of the
17 majority of the maximum number OF THE authorized membership of <--
18 the board as provided by law, or by a vote of the majority of
19 the duly qualified and confirmed membership or a minimum of four
20 members, whichever is greater, may levy a civil penalty of up to
21 one thousand dollars ($1,000) on any current licensee who
22 violates any provision of this act or on any person who
23 practices psychology, AS DEFINED IN THIS ACT, without being <--
24 properly licensed to do so under this act. The board shall levy
25 this penalty only after affording the accused party the
26 opportunity for a hearing, as provided by Title 2 of the
27 Pennsylvania Consolidated Statutes (relating to administrative
28 law and procedure). All fines and civil penalties imposed in
29 accordance with this act shall be paid into the Professional
30 Augmentation Account. The board shall, within six months after <--
19850S1134B1652 - 22 -
1 the effective date of this act, adopt guidelines setting forth
2 the amounts and circumstances for which a fine may be imposed.
3 No fines may be imposed in accordance with this subsection until
4 the board has adopted the required guidelines. Nothing in this
5 subsection shall be construed to give the board authority to
6 impose a civil penalty upon any person licensed by another
7 licensing board when acting within the scope of practice of that
8 profession.
9 (c) The board may issue an order to show cause to any
10 individual suspected of unlawfully engaging in the practice of
11 psychology why such individual should not be enjoined from such
12 practices and made subject to appropriate fines and penalties.
13 In any such proceeding, it shall not be necessary to show that
14 any person is individually injured by the actions complained of.
15 If it is found that the respondent has engaged in the unlawful
16 practice of psychology, the court shall enjoin him from so
17 practicing unless and until he has been duly licensed. Procedure
18 in such cases shall be the same as in any other injunction suit.
19 The remedy by injunction hereby given is in addition to criminal
20 prosecution and punishment.
21 (C) IT SHALL BE UNLAWFUL FOR ANY PERSON TO PRACTICE OR <--
22 ATTEMPT TO OFFER TO PRACTICE PSYCHOLOGY, AS DEFINED IN THIS ACT,
23 WITHOUT HAVING AT THE TIME OF SO DOING A VALID, UNEXPIRED,
24 UNREVOKED, AND UNSUSPENDED LICENSE ISSUED UNDER THIS ACT. THE
25 UNLAWFUL PRACTICE OF PSYCHOLOGY, AS DEFINED IN THIS ACT, MAY BE
26 ENJOINED BY THE COURTS ON PETITION OF THE BOARD OR THE
27 COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS. IN ANY
28 SUCH PROCEEDING IT SHALL NOT BE NECESSARY TO SHOW THAT ANY
29 PERSON IS INDIVIDUALLY INJURED BY THE ACTIONS COMPLAINED OF. IF
30 THE RESPONDENT IS FOUND GUILTY OF THE UNLAWFUL PRACTICE OF
19850S1134B1652 - 23 -
1 PSYCHOLOGY, THE COURT SHALL ENJOIN HIM OR HER FROM SO PRACTICING
2 UNLESS AND UNTIL HE OR SHE HAS BEEN DULY LICENSED. PROCEDURE IN
3 SUCH CASES SHALL BE THE SAME AS IN ANY OTHER INJUNCTION SUIT.
4 THE REMEDY BY INJUNCTION HEREBY GIVEN IS IN ADDITION TO ANY
5 OTHER CIVIL OR CRIMINAL PROSECUTION AND PUNISHMENT.
6 Section 11. The act is amended by adding a section to read:
7 Section 11.1. Subpoenas.--(A) The board shall have the <--
8 authority to issue subpoenas, upon application of an attorney
9 responsible for representing the Commonwealth in disciplinary
10 matters before the board, for the purpose of investigating
11 alleged violations of the disciplinary provisions administered
12 by the board. The board shall have the power to subpoena
13 witnesses, to administer oaths, to examine witnesses, or AND TO <--
14 take such testimony or compel the production of such books,
15 records, papers, and documents as it may deem necessary or
16 proper in, and pertinent to, any proceeding, investigation, or
17 hearing, held or had by it. Medical PATIENT records may not be <--
18 subpoenaed without consent of the patient or without order of a
19 court of competent jurisdiction on a showing that the records
20 are reasonably necessary for the conduct of the investigation.
21 The court may impose such limitations on the scope of the
22 subpoena as are necessary to prevent unnecessary intrusion in <--
23 INTO patient confidential information. The board is authorized <--
24 to apply to Commonwealth Court to enforce its subpoenas.
25 (B) AN ATTORNEY RESPONSIBLE FOR REPRESENTING THE <--
26 COMMONWEALTH IN DISCIPLINARY MATTERS BEFORE THE BOARD SHALL
27 NOTIFY THE BOARD IMMEDIATELY UPON RECEIVING NOTIFICATION OF AN
28 ALLEGED VIOLATION OF THIS ACT. THE BOARD SHALL MAINTAIN CURRENT
29 RECORDS OF ALL REPORTS OF ALLEGED VIOLATIONS AND PERIODICALLY
30 REVIEW THE RECORDS FOR THE PURPOSE OF DETERMINING THAT EACH
19850S1134B1652 - 24 -
1 ALLEGED VIOLATION HAS BEEN RESOLVED IN A TIMELY MANNER.
2 Section 12. Section 12 of the act is amended to read:
3 Section 12. Out-of-State Licensing.--The board may recommend
4 the granting of a license without examination to any person who,
5 at the time of application holds a valid license or certificate
6 issued by a board of psychologist examiners of any state,
7 provided in the opinion of the board[,] the requirements for
8 such certification or licensure are substantially the equivalent
9 of the requirements of this act[, or at the time of application,
10 holds a diploma awarded by the American Board of Examiners in
11 Professional Psychology and upon payment of the fee specified by
12 the board].
13 Section 13. The act is amended by adding a section to read: <--
14 Section 12.1. Confidential Communications.--(a) The
15 relations and communications between a licensed psychologist and
16 the individuals with whom the psychologist engages in the
17 practice of psychology are confidential. At the initiation of
18 the professional relationship the psychologist shall inform the
19 client of the following limitations to the confidentiality of
20 their communications.
21 (b) No psychologist, nor any colleague, agent or employe of
22 any psychologist, whether professional, clerical, academic or
23 therapeutic, nor any other person present or participating with
24 said psychologist, nor any other client or patient participating
25 as a group with said psychologist, shall disclose any
26 information acquired or revealed in the course of, or in
27 connection with, the performance of the psychologist's
28 professional services, including the fact, circumstances,
29 findings, or records of such services, except under the
30 following circumstances:
19850S1134B1652 - 25 -
1 (1) Upon order of a court of competent jurisdiction in any
2 trial for homicide when the disclosure is related directly to
3 the fact or immediate circumstances of said homicide.
4 (2) Upon an issue as to the validity of any document, such
5 as a will of the client or patient.
6 (3) Upon the express consent of the client or patient, or
7 upon the constructive waiver by the client or patient of this
8 privilege, including but not limited to the placement in issue
9 in any court by the client or patient of his or her own state of
10 mind or mental condition, or in the case of the unavailability,
11 incapacity, or death of the client or patient upon the express
12 consent or constructive waiver of this privilege by the client's
13 or patient's legal representative.
14 (4) Upon the need to disclose information which protects the
15 rights and safety of others when:
16 (i) the client presents a clear and present danger to
17 himself or herself and refuses to accept further appropriate
18 protective treatment. In such circumstances the psychologist may
19 petition the county Mental Health Administrator to institute
20 proceedings for further treatment and may contact members of the
21 client's family or others if in the opinion of the psychologist
22 it would ensure the safety of the client; or
23 (ii) the client presents a clear and present danger to
24 others. In such circumstances the psychologist has a duty to
25 inform the proper authorities and if, in the opinion of the
26 psychologist, harm may be prevented to a particular, identified
27 individual, the psychologist may also contact and warn such
28 individual.
29 (5) If disclosure is required by statute to protect the
30 safety of others.
19850S1134B1652 - 26 -
1 (6) If disclosure is required by the order of a criminal or
2 civil court the psychologist shall invoke the right to
3 privileged communication pursuant to section 5944 of Title 42 of
4 the Pennsylvania Consolidated Statutes (relating to confidential
5 communications to licensed psychologists), and such court may
6 utilize the provisions of this section in construing the scope
7 of privileged communication.
8 (c) Access to written records is controlled by the client
9 except:
10 (1) A psychologist may release certain general information
11 such as the number of sessions or the diagnosis and prognosis to
12 a third-party payor for the purpose of obtaining payment for
13 services rendered.
14 (2) The written records controlled by the client do not
15 include the psychologist's working notes used in the preparation
16 of formal records or reports.
17 Section 14 13. Sections 14 and 15 of the act are amended to <--
18 read:
19 Section 14. Severability.--If any section of this act, or
20 any part thereof, shall be adjudged by any court of competent
21 jurisdiction, to be invalid, such judgment shall not affect,
22 impair or invalidate the remainder of any section or part
23 thereof.
24 Section 15. Renewal; Fees; Records.--Provision shall be made
25 for renewal of licenses on a biennial basis. The board may
26 develop requirements for the required number of hours of REQUIRE <--
27 A DESIGNATED NUMBER OF HOURS OF APPROVED COURSES OF continuing
28 education as a condition of biennial renewal. Such hours shall
29 be determined by the board by regulation. NO CREDIT SHALL BE <--
30 GIVEN FOR ANY COURSE IN OFFICE MANAGEMENT OR PRACTICE BUILDING.
19850S1134B1652 - 27 -
1 The fee for renewal of license shall be [ten dollars ($10) or
2 more] an amount as specified by the board by regulation. A
3 record of all psychologists licensed to practice in Pennsylvania
4 shall be kept in the office of the commissioner. A duplicate
5 record shall be kept by the board and [published in such manner
6 and interval as it deems necessary] made available to the public
7 in such manner as it deems appropriate.
8 Section 15 14. The act is amended by adding sections to <--
9 read:
10 Section 16. Reinstatement of License.--Unless ordered to do
11 so by Commonwealth Court or an appeal therefrom, the board shall
12 not reinstate the license of a person to practice psychology
13 pursuant to this act which has been revoked. Any person whose
14 license has been revoked may apply for reinstatement, after a
15 period of at least five years, but must meet all of the
16 licensing qualifications of this act for the license applied
17 for, to include the examination requirement, if he or she
18 desires to practice at any time after such revocation.
19 Section 17. Surrender of Suspended or Revoked License.--The
20 board shall require a person whose license or registration has
21 been suspended or revoked, to return THE LICENSE OR REGISTRATION <--
22 in such manner as the board directs, the license or <--
23 registration. Failure to do so shall be a misdemeanor of the
24 third degree.
25 Section 18. Impaired Professional.--(a) The board, with the
26 approval of the Commissioner of Professional and Occupational
27 Affairs, shall appoint and fix the compensation of a
28 professional consultant who is a licensee of the board, OR SUCH <--
29 OTHER PROFESSIONAL AS THE BOARD MAY DETERMINE, with education
30 and experience in the identification, treatment and
19850S1134B1652 - 28 -
1 rehabilitation of persons with physical or mental impairments.
2 Such consultant shall be accountable to the board and shall act
3 as a liaison between the board and treatment programs, such as
4 alcohol and drug treatment programs licensed by the Department
5 of Health, psychological counseling, and impaired professional
6 support groups, which are approved by the board and which
7 provide services to licensees under this act.
8 (b) The board may defer and ultimately dismiss any of the
9 types of corrective action set forth in this act for an impaired
10 professional so long as the professional is progressing
11 satisfactorily in an approved treatment program, provided that
12 the provisions of this subsection shall not apply to a
13 professional convicted of a felonious act prohibited by the act
14 of April 14, 1972 (P.L.233, No.64), known as "The Controlled
15 Substance, Drug, Device and Cosmetic Act," or convicted, PLEADED <--
16 GUILTY TO, OR ENTERED A PLEA OF NOLO CONTENDERE TO of a felony
17 relating to a controlled substance in a court of law of the
18 United States or any other state, territory or country. An
19 approved program provider shall, upon request, disclose to the
20 consultant all SUCH information in its possession regarding any <--
21 impaired professional in treatment WHICH THE PROGRAM PROVIDER IS <--
22 NOT PROHIBITED FROM DISCLOSING BY AN ACT OF THIS COMMONWEALTH,
23 ANOTHER STATE, OR THE UNITED STATES. SUCH REQUIREMENT OF
24 DISCLOSURE BY AN APPROVED PROGRAM PROVIDER SHALL APPLY IN THE
25 CASE OF IMPAIRED PROFESSIONALS WHO ENTER AN AGREEMENT IN
26 ACCORDANCE WITH THIS SECTION, IMPAIRED PROFESSIONALS WHO ARE THE
27 SUBJECT OF A BOARD INVESTIGATION OR DISCIPLINARY PROCEEDING, AND
28 IMPAIRED PROFESSIONALS WHO VOLUNTARILY ENTER A TREATMENT PROGRAM
29 OTHER THAN UNDER THE PROVISIONS OF THIS SECTION BUT WHO FAIL TO
30 COMPLETE THE PROGRAM SUCCESSFULLY OR TO ADHERE TO AN AFTERCARE
19850S1134B1652 - 29 -
1 PLAN DEVELOPED BY THE PROGRAM PROVIDER.
2 (c) An impaired professional who enrolls in an approved <--
3 treatment program shall, if necessary, agree to a limitation of
4 his or her ability to practice. Failure to do so disqualifies
5 (C) AN IMPAIRED PROFESSIONAL WHO ENROLLS IN AN APPROVED <--
6 TREATMENT PROGRAM SHALL ENTER INTO AN AGREEMENT WITH THE BOARD
7 UNDER WHICH THE PROFESSIONAL'S LICENSE SHALL BE SUSPENDED OR
8 REVOKED BUT ENFORCEMENT OF THE SUSPENSION OR REVOCATION MAY BE
9 STAYED FOR THE LENGTH OF TIME THE PROFESSIONAL REMAINS IN THE
10 PROGRAM AND MAKES SATISFACTORY PROGRESS, COMPLIES WITH THE TERMS
11 OF THE AGREEMENT AND ADHERES TO ANY LIMITATIONS ON HIS PRACTICE
12 IMPOSED BY THE BOARD TO PROTECT THE PUBLIC. FAILURE TO ENTER
13 INTO SUCH AN AGREEMENT SHALL DISQUALIFY the professional from
14 the impaired professional program and shall activate an
15 immediate investigation and disciplinary proceeding by the
16 board.
17 (d) If, in the opinion of the consultant after consultation
18 with the provider, an impaired professional who is enrolled in
19 an approved treatment PROGRAM has not progressed satisfactorily, <--
20 the consultant shall disclose to the board all information in
21 its HIS possession relevant to the issue of impairment regarding <--
22 said professional; and such disclosure shall constitute the <--
23 basis for instituting proceedings to suspend or revoke the
24 license of said professional. PROFESSIONAL AND THE BOARD SHALL <--
25 INSTITUTE PROCEEDINGS TO DETERMINE IF THE STAY OF THE
26 ENFORCEMENT OF THE SUSPENSION OR REVOCATION OF THE IMPAIRED
27 PROFESSIONAL'S LICENSE SHALL BE VACATED.
28 (e) An approved program provider who makes a disclosure
29 pursuant to this section shall not be subject to civil liability
30 for such disclosure or its consequences.
19850S1134B1652 - 30 -
1 (f) Any hospital or health care facility, peer or colleague
2 who knows or has HAS SUBSTANTIAL evidence that a professional <--
3 has an ACTIVE addictive disease FOR WHICH THE PROFESSIONAL IS <--
4 NOT RECEIVING TREATMENT, is diverting a controlled substance or
5 is mentally or physically incompetent to carry out the duties of
6 his or her license shall make or cause to be made a report to
7 the board: Provided, That any person or facility who acts in a
8 treatment capacity to an impaired professional in an approved
9 treatment program is exempt from the mandatory reporting
10 requirements of this subsection. Any person or facility who
11 reports pursuant to this section in good faith and without
12 malice shall be immune from any civil or criminal liability
13 arising from such report. Failure to provide such report within
14 a reasonable time from receipt of knowledge of impairment shall
15 subject the person or facility to a fine not to exceed one
16 thousand dollars ($1,000). The board shall levy this penalty
17 only after affording the accused party the opportunity for a
18 hearing, as provided in Title 2 of the Pennsylvania Consolidated
19 Statutes (relating to administrative law and procedure).
20 Section 16 15. This act, with respect to the State Board of <--
21 Psychologist Examiners, shall constitute the legislation
22 required to reestablish an agency pursuant to the act of
23 December 22, 1981 (P.L.508, No.142), known as the Sunset Act.
24 Section 17 16. (a) Section 476.1 of the act of April 9, <--
25 1929 (P.L.177, No.175), known as The Administrative Code of
26 1929, is repealed.
27 (b) All other acts and parts of acts are repealed insofar as
28 they are inconsistent with this act.
29 Section 18 17. The presently confirmed members of the State <--
30 Board of Psychologist Examiners constituted under section 476.1
19850S1134B1652 - 31 -
1 of the act of April 9, 1929 (P.L.177, No.175), known as The
2 Administrative Code of 1929, as of December 31, 1985, shall
3 continue to serve as board members until their present terms of
4 office expire, PROVIDED THAT ANY PRESENT BOARD MEMBER WHOSE TERM <--
5 HAS EXPIRED ON OR BEFORE THE EFFECTIVE DATE OF THIS ACT SHALL
6 SERVE UNTIL A SUCCESSOR HAS BEEN APPOINTED AND QUALIFIED BUT NO
7 LONGER THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS ACT.
8 Section 19 18. Each rule and regulation of the board in <--
9 effect on December 31, 1985, and not inconsistent with this act,
10 shall remain in effect after such date until repealed or amended
11 by the board, PROVIDED THAT THE BOARD SHALL IMMEDIATELY INITIATE <--
12 THE REPEAL OR AMENDMENT OF ANY RULE OR REGULATION WHICH IS
13 INCONSISTENT WITH THE PROVISIONS OF THIS ACT. Each fee of the
14 board in effect on December 31, 1985, and not inconsistent with
15 this act, shall remain in effect after such date until repealed
16 or amended by the board or the commissioner IN ACCORDANCE WITH <--
17 THE PROVISIONS OF THIS ACT.
18 Section 20 19. Any person who holds a valid license issued <--
19 by the State Board of Psychologist Examiners under the act of
20 March 23, 1972 (P.L.136, No.52), referred to as the
21 Psychologists License Act, relating to the practice of
22 psychology, prior to the effective date of this amendatory act
23 shall, on and after the effective date hereof, be deemed to be
24 licensed by the State Board of Psychology as provided for in
25 this amendatory act.
26 Section 21. To provide a transition period to persons who <--
27 are substantially near completion of the requirements to apply
28 for licensure under rules in existence immediately prior to the
29 effective date of this act, the board shall have the authority
30 for a period of five years to issue a license to persons who do
19850S1134B1652 - 32 -
1 not have a doctoral degree who:
2 (1) by September 30, 1986, submit evidence in a manner
3 prescribed by the board of having completed a graduate degree
4 from an integrated program in psychology as well as other
5 requirements specified in 49 Pa. Code § 41.31(b)(1)(ii)
6 (relating to qualifications to enter examination procedure),
7 of the regulations operative on the effective date of this
8 act pertaining to persons with the master's degree; and
9 (2) have completed three years of supervised experience
10 as a psychologist in training, 3,500 hours of which must have
11 been supervised by a licensed psychologist in accord with the
12 requirements of the board; and
13 (3) fulfill all administrative requirements of the board
14 in effect at the time of the examination; and
15 (4) have satisfactorily passed the examination.
16 The authority for the board to grant such license is terminated
17 December 31, 1990.
18 Section 22 20. This act shall take effect January 1, 1986, <--
19 OR IMMEDIATELY, WHICHEVER IS LATER.
J1L63RLC/19850S1134B1652 - 33 -