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                                                      PRINTER'S NO. 1267

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 958 Session of 2003


        INTRODUCED BY STACK, KUKOVICH, RAFFERTY AND COSTA,
           NOVEMBER 10, 2003

        REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
           NOVEMBER 10, 2003

                                     AN ACT

     1  Relating to the practice of psychoanalysis; providing for
     2     licensing of psychoanalysts; making certain acts illegal; and
     3     providing penalties.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6  Section 1.  Short title.
     7     This act shall be known and may be cited as the
     8  Psychoanalysts Licensure Act.
     9  Section 2.  Legislative findings and declaration of policy.
    10     It is determined and declared as a matter of legislative
    11  finding that the public interest requires the establishment of
    12  clear licensure standards for psychoanalysts. The health and
    13  welfare of the residents of this Commonwealth will be protected
    14  by identifying to the public those individuals who are qualified
    15  to call themselves State-licensed psychoanalysts.
    16  Section 3.  Definitions.
    17     The following words and phrases when used in this act shall
    18  have the meanings given to them in this section unless the

     1  context clearly indicates otherwise:
     2     "American Board for the Accreditation of Psychoanalysis."  A
     3  national professional organization of psychoanalysts that
     4  conducts on-site visits of psychoanalytic institutes applying
     5  for association membership.
     6     "Board."  The State Board of Psychoanalysts in the Department
     7  of State as established in section 4.
     8     "Commissioner."  The Commissioner of Professional and
     9  Occupational Affairs in the Department of State.
    10     "Psychoanalytic services."  Therapeutic services that are
    11  based on an understanding of the unconscious and how unconscious
    12  processes affect the human mind as a whole, including actions,
    13  thoughts, perceptions and emotions.
    14     "State-licensed psychoanalyst."  An individual who has met
    15  the eligibility requirements contained in section 6 and holds a
    16  current, valid State license.
    17  Section 4.  State Board of Psychoanalysts.
    18     (a)  Establishment.--The State Board of Psychoanalysts is
    19  established.
    20     (b)  Members.--
    21         (1)  The board shall consist of seven members who are
    22     citizens of the United States and who have been residents of
    23     this Commonwealth for a three-year period. Four members shall
    24     be State-licensed psychoanalysts and two members shall be
    25     representatives of the public at large. The four
    26     psychoanalyst members shall be, except for the members first
    27     appointed, State-licensed psychoanalysts under the provisions
    28     of this act and shall have been actively engaged in the
    29     practice of psychoanalytical services in this Commonwealth
    30     for at least five years immediately preceding their
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     1     appointment.
     2         (2)  Six members shall be appointed by the Governor, with
     3     the advice and consent of a majority of the members elected
     4     to the Senate, and the Commissioner of Professional and
     5     Occupational Affairs shall serve as the seventh member of the
     6     board.
     7     (c)  Terms.--The terms of each professional and public member
     8  of the board shall be three years or until a successor has been
     9  appointed and qualified but not longer than six months beyond
    10  the four-year period. Of the members first appointed, two, one
    11  of whom shall be a member representing the public at large and
    12  one of whom shall be a psychoanalyst, shall serve for a term of
    13  three years; two, one of whom shall be a member representing the
    14  public at large and one of whom shall be a psychoanalyst, shall
    15  serve for a term of two years; and two shall serve for a term of
    16  one year. In the event that any of said members shall die or
    17  resign or otherwise become disqualified during his or her term,
    18  a successor shall be appointed in the same way and with the same
    19  qualifications and shall hold office for the unexpired term. No
    20  member shall be eligible for appointment to serve more than two
    21  consecutive terms.
    22     (d)  Quorum.--A majority of the members of the board serving
    23  in accordance with law shall constitute a quorum for purposes of
    24  conducting the business of the board. A member may not be
    25  counted as part of a quorum or vote on any issue unless he or
    26  she is physically in attendance at the meeting.
    27     (e)  Officers.--The board shall elect annually a chairman and
    28  a vice chairman from among its members and shall select a
    29  secretary who, with the approval of the commissioner, need not
    30  be a member of the board.
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     1     (f)  Reimbursements.--Each member of the board, except the
     2  commissioner, shall receive reimbursement for reasonable
     3  traveling, for hotel and other necessary expenses incurred in
     4  the performance of their duties in accordance with Commonwealth
     5  regulations.
     6     (g)  Attendance.--A member of the board who fails to attend
     7  three consecutive meetings shall forfeit his or her seat unless
     8  the commissioner, upon written request from the member, finds
     9  that the member should be excused from a meeting because of
    10  illness or the death of a family member.
    11     (h)  Meetings.--The board shall meet as necessary to
    12  discharge its duties and shall meet at the call of the
    13  commissioner.
    14  Section 5.  Powers and responsibilities of the board.
    15     The board shall have the following powers and
    16  responsibilities:
    17         (1)  To pass upon the qualifications and fitness of
    18     applicants for licensure and reciprocal licensure and to
    19     adopt and revise rules and regulations requiring applicants
    20     to pass examinations relating to their qualifications as a
    21     prerequisite to the issuance of licenses.
    22         (2)  To adopt and, from time to time, revise such rules,
    23     regulations and policies not inconsistent with the law as may
    24     be necessary to carry into effect the provisions of this act.
    25     Such rules and regulations shall include, but not be limited
    26     to, standards for professional practice and a code of ethics
    27     for psychoanalysts in this Commonwealth.
    28         (3)  To examine for, deny, approve, issue, revoke,
    29     suspend, restrict, limit and renew the certification of
    30     psychoanalyst applicants pursuant to this act and to conduct
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     1     hearings in connection therewith.
     2         (4)  To conduct hearings upon complaints concerning
     3     violations of the provisions of and the rules and regulations
     4     adopted pursuant to this act and cause the prosecution,
     5     impose civil penalties and enjoin any such violations.
     6         (5)  To employ, with the approval of the commissioner, a
     7     professional credentials evaluator to review applications.
     8         (6)  To maintain a record of every psychoanalyst licensed
     9     in this Commonwealth, their places of business, place of
    10     residence and the date and number of their certificate.
    11  Section 6.  Qualifications for licensure.
    12     (a)  Qualification.--An applicant shall be qualified for a
    13  psychoanalyst State license after submission of proof
    14  satisfactory to the board that the applicant:
    15         (1)  is at least 18 years of age;
    16         (2)  is of good moral character;
    17         (3)  has received a master's degree from an accredited
    18     institution of higher education;
    19         (4)  has received a graduate certificate in
    20     psychoanalysis from a freestanding psychoanalytical institute
    21     that is chartered by a state or foreign government and
    22     approved by the board or accredited by a national
    23     psychoanalytic association and approved by the board; and
    24         (5)  has successfully passed an examination approved by
    25     the board to determine the applicant's competence to practice
    26     psychoanalytic services.
    27     (b)  Verification.--Each applicant shall submit an affidavit
    28  or affirmation of the applicant as to the verity of the
    29  application. Any applicant who knowingly or willfully makes a
    30  false statement of fact in his application shall be subject to
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     1  prosecution for perjury.
     2  Section 7.  Examination.
     3     (a)  Requirements of examination.--The examination required
     4  by section 6(a)(5) shall:
     5         (1)  Cover the theories relating to an applicant's
     6     psychoanalytic educational background. The board may use
     7     psychoanalytic tests utilized by State or foreign
     8     psychoanalytic training institutions or by a national
     9     psychoanalytic association.
    10         (2)  Be held within this Commonwealth at least once each
    11     year at a time and place to be determined by the board except
    12     that an examination need not be conducted when no one has
    13     applied to be examined. The board shall give adequate written
    14     notice of the examination of applicants for State licensure
    15     and examination.
    16     (b)  Failure.--If an applicant fails an examination twice,
    17  the applicant may take a third examination not less than one
    18  year nor more than three years from the date of the applicant's
    19  initial examination. Additional examinations may be permitted in
    20  accordance with standards set by the board.
    21  Section 8.  Issuance of license.
    22     The board shall issue a State license to any applicant who,
    23  in the opinion of the board, has satisfactorily met the
    24  requirements of this act. The board may waive the requirement
    25  under section 6(a)(4) and allow an applicant to sit for the
    26  State license examination if in the opinion of the board the
    27  applicant has sufficient experience in psychoanalysis and holds
    28  a current State license in a mental health profession. All
    29  licenses shall be issued for a two-year period upon filing of a
    30  renewal application, the payment of a licensing fee and
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     1  presentation of satisfactory evidence that the renewal applicant
     2  has successfully completed the continuing education requirements
     3  prescribed by the board by regulation.
     4  Section 9.  Use of title restricted.
     5     No person shall use the title "State-licensed psychoanalyst"
     6  or the abbreviation "SLP" unless licensed pursuant to the
     7  provisions of this act.
     8  Section 10.  Discretion in issuance of license.
     9     The board may waive the education, experience and examination
    10  requirements for State licensure and issue a State license by
    11  endorsement to any applicant who holds a current license,
    12  registration or certificate to practice  psychoanalysis issued
    13  by the agency of another state or country which, in the opinion
    14  of the board, has requirements for licensure, registration or
    15  certification equivalent to or higher than those required to be
    16  licensed in this Commonwealth.
    17  Section 11.  Reporting of multiple licensure.
    18     Any State-licensed psychoanalyst of this Commonwealth who is
    19  also licensed, registered or certified in psychoanalysis in any
    20  other state, territory or country shall report this information
    21  to the board on the biennial registration application. Any
    22  disciplinary action taken in any other state, territory or
    23  country shall be reported to the board on the biennial
    24  registration application or within 90 days of disposition,
    25  whichever is sooner. Multiple licensure shall be noted by the
    26  board on the psychoanalyst's record, and such state, territory
    27  or country shall be notified by the board of any disciplinary
    28  actions taken against said psychoanalyst in this Commonwealth.
    29  Section 12.  Subpoenas.
    30     (a)  Authority to subpoena.--The board shall have the
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     1  authority to issue subpoenas, upon application of an attorney
     2  responsible for representing the Commonwealth in disciplinary
     3  matters before the board, for the purpose of investigating
     4  alleged violations of the disciplinary provisions administered
     5  by the board. The board shall have the power to subpoena
     6  witnesses, to administer oaths, to examine witnesses and to take
     7  such testimony or to compel the production of such books,
     8  records, papers and documents as it may deem necessary or proper
     9  in and pertinent to any proceeding, investigation or hearing
    10  held or had by it. Patient records may not be subpoenaed without
    11  consent of the patient or without order of a court of competent
    12  jurisdiction on a showing that the records are reasonably
    13  necessary for the conduct of the investigation. The court may
    14  impose such limitations on the scope of the subpoena as are
    15  necessary to prevent unnecessary intrusion into confidential
    16  patient information. The board is authorized to apply to
    17  Commonwealth Court to enforce its subpoenas.
    18     (b)  Violations.--An attorney responsible for representing
    19  the Commonwealth in disciplinary matters before the board shall
    20  notify the board immediately upon receiving notification of an
    21  alleged violation of this act. The board shall maintain current
    22  records of all reports of alleged violations and periodically
    23  review the records for the purpose of determining that each
    24  alleged violation has been resolved in a timely manner.
    25  Section 13.  Fees and fines for board.
    26     (a)  Collection.--All fees and fines collected under the
    27  provisions of this act shall be paid into the Professional
    28  Licensure Augmentation Account established pursuant to and for
    29  use in accordance with the act of July 1, 1978 (P.L.700,
    30  No.124), known as the Bureau of Professional and Occupational
    20030S0958B1267                  - 8 -     

     1  Affairs Fee Act.
     2     (b)  Regulatory review board.--All fees required under the
     3  provisions of this act shall be fixed by the board, by
     4  regulation, and shall be subject to review in accordance with
     5  the act of June 25, 1982 (P.L.633, No.181), known as the
     6  Regulatory Review Act. If the revenues generated by fees, fines
     7  and civil penalties imposed in accordance with the provisions of
     8  this act are not sufficient to match expenditures over a two-
     9  year period, the board shall increase those fees by regulation,
    10  subject to review in accordance with the Regulatory Review Act,
    11  such that the projected revenues will meet or exceed projected
    12  expenditures.
    13     (c)  Bureau of Professional and Occupational Affairs.--If the
    14  Bureau of Professional and Occupational Affairs determines that
    15  the fees established by the board are inadequate to meet the
    16  minimum enforcement efforts required, then the bureau, after
    17  consultation with the board, shall increase the fees by
    18  regulation, subject to review in accordance with the Regulatory
    19  Review Act, such that adequate revenues are raised to meet the
    20  required enforcement effort.
    21  Section 14.  Effective date.
    22     This act shall take effect in 60 days.






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