1Amending the act of March 23, 1972 (P.L.136, No.52), entitled
2"An act relating to the practice of psychology, providing for
3licensing of psychologists, making certain acts illegal and
4providing penalties," further providing for definitions and
5for temporary license; allowing applicants to take test
6sooner; defining board's powers; making editorial changes;
7and making a repeal.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. Sections 2, 3, 6, 8 and 8.1 of the act of March
1123, 1972 (P.L.136, No.52), known as the Professional
12Psychologists Practice Act, amended or added April 25, 1986
13(P.L.89, No.33), are amended to read:

14Section 2. Definitions.--As used in this act:

15"Board" means the State Board of Psychology in the Department
16of State.

17"Commissioner" means the Commissioner of Professional and
18Occupational Affairs in the Department of State.

19"Person" means an individual, corporation, partnership,
20association, unincorporated organization or a government or any

1political subdivision, agency or instrumentality thereof.

2"Practice of psychology" means offering to render or
3rendering to individuals, corporations, institutions,
4governmental agencies, or the public for remuneration any
5service involving the following:

6(i) The application of established principles of learning,
7motivation, perception, thinking, and emotional relationships to
8problems of personality evaluation, group relations, and
9behavior adjustment. The application of said principles
10includes, but is not restricted to, counseling and the use of
11psychological methods with persons or groups with adjustment
12problems in the areas of work, family, school, and personal
13relationships; measuring and testing of personality,
14intelligence, aptitudes, and emotions, and offering services as
15a psychological consultant. Psychologists with appropriate 
16education, training and experience may diagnose and use 
17psychological methods in the treatment of a mental, emotional or 
18nervous illness or disability; alcoholism and other substance 
19abuse; disorders of habit or conduct; psychological aspects of 
20physical illness, accident, injury or disability; and 
21psychoeducational evaluation, therapy, remediation and 
22consultation.

23(ii) (a) "Measuring and testing," consisting of the
24psychological assessment and evaluation of abilities, attitudes,
25aptitudes, achievements, adjustments, motives, personality
26dynamics and/or other psychological attributes of individuals,
27or groups of individuals by means of standardized measurements
28or other methods, techniques or procedures recognized by the
29science and profession of psychology, (b) "psychological
30methods," consisting of the application of principles of

1learning and motivation in an interpersonal situation with the
2objectives of modification of perception and adjustment, and
3requiring highly developed skills in the disciplines,
4techniques, and methods of altering through learning processes,
5attitudes, feelings, values, self-concept, personal goals and
6adaptive patterns, (c) "psychological consulting," consisting of
7interpreting or reporting upon scientific fact or theory in
8psychology, rendering expert psychological opinion,
9psychological evaluation, or engaging in applied psychological
10research.

11Section 3. Necessity for License.--It shall be unlawful for
12any person to engage in the practice of psychology or to offer
13or attempt to do so or to hold himself out to the public by any
14title or description of services incorporating the words
15"psychological," "psychologist" or "psychology" unless he shall
16first have obtained a license pursuant to this act, except as
17hereinafter provided:

18(1) Simple acts of persuasion or suggestion by one person to
19another, or to a group.

20(2) Persons licensed to practice any of the other healing
21arts in this Commonwealth shall be exempt from the provisions of
22this act. Nothing in this act shall be construed to limit the
23practice of persons licensed to practice any of the other
24healing arts in any way. Nothing herein shall be construed as
25authorizing any person licensed as a psychologist to engage in
26any manner in the practice of any of the other healing arts as
27defined in the laws of this Commonwealth on the effective date
28of this act. The psychologist who engages in practice shall
29assist his client in obtaining professional help for all
30relevant aspects of his problem that fall outside the boundaries

1of the psychologist's own competence. Provision must be made for
2the diagnosis and treatment of relevant health care problems by
3an appropriate qualified practitioner of the other healing arts.
4Nothing herein shall be construed as extending to a person 
5licensed as a psychologist any authority or rights which are not 
6granted under this act.

7(3) Nothing in this act shall be construed to prevent
8qualified members of other recognized professions, including,
9but not limited to, clergy, drug and alcohol abuse counselors,
10mental health counselors, social workers, marriage counselors,
11family counselors, crisis intervention counselors, pastoral
12counselors, rehabilitation counselors and psychoanalysts, from
13doing work of a psychological nature consistent with the
14training and the code of ethics of their respective professions
15or to prevent volunteers from providing services in crisis or
16emergency situations.

17(4) Nothing in this act shall be construed to limit the
18practice of psychology or use of an official title on the part
19of a person employed as a psychologist by a Federal[, State,
20county, or municipal] agency[, or other political subdivisions,]
21or those persons certified and employed as school psychologists
22in the public and private schools of the Commonwealth, in so far
23as such practice is a part of the normal function of his
24position or is performed on behalf of or according to the usual
25expectations of his employer.

26[(5) Nothing in this act is to be construed as restricting
27the use of the term "social psychologist" by any person who
28meets the qualifications specified in section 6.]

29(6) Nothing in this act shall be construed to limit the
30practice of psychology or use of an official title on the part

1of a member of the faculty or staff of a duly accredited
2university, college[, hospital] or State-approved nonpublic
3school in so far as such practice is a part of the normal
4function of his position or is performed on behalf of or
5according to the usual expectations of his employer. Nothing in
6this act shall be construed to limit the practice of psychology
7or use of an official title on the part of a student, intern or
8resident in psychology, pursuing a course of study in a duly
9accredited university, college or hospital or similar training
10facility for the qualified training of psychologists, provided
11that such practice and use of title constitute a part of his
12supervised course of study, and he is designated by such titles
13as "psychology intern," "psychology trainee," or other title
14clearly indicating such training status. Nothing in this act
15shall be construed to limit the activities of a faculty or staff
16member of a duly accredited university, college, or hospital, or
17research unit of a duly recognized business or industrial firm
18or corporation, in the performance of experimental and
19scientific research activities for the primary purpose of
20contributing to or enlarging upon scientific principles of
21psychology. Nothing in this act shall be construed to limit the
22use of the term "psychology," "psychologist," or
23"psychological," in connection with the aforementioned
24experimental or scientific research activities or for the
25purpose of publication of the research findings in professional
26and scientific journals, or for the purpose of providing
27scientific information to any user of such information.

28(7) Nothing in this act shall be construed to prohibit the
29practice of psychology by a person who, in the opinion of the
30board meets the minimum qualifications for licensure under this

1act, provided said person is on temporary assignment in this
2Commonwealth, as temporary is defined by board regulation.

3(7.1) The board may issue a temporary license to an
4applicant for licensure as a psychologist who holds a similar or
5current license from another state, province or territory and
6whose standards, in the opinion of the board, are substantially
7equivalent to those required under this act. The board may
8refuse a temporary license to a psychologist who is the subject
9of past or pending disciplinary action in another jurisdiction.

10(8) Nothing in this act shall be construed to prohibit
11employes of business and industrial organizations from applying
12the principles of psychology described in section 2 to the
13employment placement, evaluation, selection, promotion or job
14adjustment of their own officers or employes or those of any
15associated organization. No business or industrial firm or
16corporation may sell or offer to the public or to individuals or
17to other firms or corporations for remuneration any
18psychological acts or services as are part of the practice of
19psychology unless such services are performed by individuals
20duly and appropriately licensed under this act.

21(9) Nothing in this act shall be construed to limit the
22activities of a clerical or administrative employe in the
23performance of duties incidental to and necessary to the work of
24a psychologist, provided that the clerical or administrative
25employe acts at all times under the supervision of a licensed
26psychologist, and provided further that the employe does not
27assume to the independent practice of psychology.

28[(10) Nothing in this act shall be construed to prohibit a
29school psychologist certified by the Department of Education
30from performing in private practice those acts which he is

1permitted to perform in the public and private schools of the
2Commonwealth.]

3(10.1) A school psychologist who currently holds a
4Department of Education certificate in school psychology or one
5who is currently enrolled in a program leading to a Department
6of Education certificate in school psychology within one year
7after the effective date of this clause may perform in private
8practice those acts which he is permitted to perform in the
9public and private schools of this Commonwealth.

10(11) Nothing in this act shall be construed to prohibit a
11psychologist licensed under this act from employing and
12supervising postdoctoral individuals completing the experience
13requirement for licensure who shall be designated as "psychology
14interns," "psychology residents" or "psychological trainees."
15Such individuals shall perform their duties under the full
16direction, control and supervision of a licensed psychologist,
17pursuant to regulations of the board.

18(12) Nothing in this act shall be construed to prohibit a
19psychologist licensed under this act from employing professional
20employes with graduate training in psychology. Such individuals
21shall perform their duties under the full direction, control and
22supervision of a licensed psychologist, pursuant to regulations
23of the board.

24Section 6. Qualifications for License.--(a) An applicant
25shall be qualified for a license to practice psychology after
26submission of proof satisfactory to the board that the
27applicant:

28(1) is of acceptable moral character; and

29(2) is either (i) a graduate of an accredited college or
30university holding a degree of Doctor of Philosophy in

1psychology, Doctor of Psychology, or Doctor of Education in
2psychology and has not less than two years of supervised
3experience[, at least one of which was obtained subsequent to
4the granting of the doctoral degree], provided that such
5experience is acceptable to the board pursuant to criteria
6established by board regulations, or (ii) a graduate of an
7accredited college or university holding a doctoral degree in a
8field related to psychology and has not less than two years of
9supervised experience[, at least one of which was obtained
10subsequent to the granting of the doctoral degree], provided
11such experience and training are acceptable to the board as
12being equivalent to the above pursuant to criteria established
13by board regulations; and

14(3) has passed an examination duly adopted by the board; and

15(4) has paid all appropriate fees in the amount determined
16by the board by regulation; and

17(5) has not been convicted of a felony under the act of
18April 14, 1972 (P.L.233, No.64), known as "The Controlled
19Substance, Drug, Device and Cosmetic Act," or of an offense
20under the laws of another jurisdiction which if committed in
21this Commonwealth would be a felony under "The Controlled
22Substance, Drug, Device and Cosmetic Act," unless:

23(i) at least ten years have elapsed from the date of
24conviction;

25(ii) the applicant satisfactorily demonstrates to the board
26that he has made significant progress in personal rehabilitation
27since the conviction such that licensure of the applicant should
28not be expected to create a substantial risk of harm to the
29health and safety of his patients or the public or a substantial
30risk of further criminal violations; and

1(iii) the applicant otherwise satisfies the qualifications
2contained in or authorized by this act.

3As used in this clause the term "convicted" shall include a
4judgment, an admission of guilt or a plea of nolo contendere.

5(b) Each applicant shall submit an affidavit or affirmation
6of the applicant as to the verity of the application. Any
7applicant who knowingly or willfully makes a false statement of
8fact in his application shall be subject to prosecution for
9perjury.

10(c) In case of failure at any examination, the applicant
11shall have[, after the expiration of six months and within two
12years,] the privilege of a second examination by the board with
13the payment of an additional fee. The board may adopt
14regulations governing the eligibility of applicants who have
15failed to pass two examinations in order to be admitted to
16subsequent examinations.

17Section 8. Refusal, Suspension or Revocation of License.--
18(a) The board may refuse to issue a license or may suspend,
19revoke, limit or restrict a license or reprimand a licensee for
20any of the following reasons:

21(1) Failing to demonstrate the qualifications or standards
22for a license contained in this act or regulations of the board.

23(2) Making misleading, deceptive, untrue or fraudulent
24representations in the practice of psychology.

25(3) Practicing fraud or deceit in obtaining a license to
26practice psychology.

27(4) Displaying gross incompetence, negligence or misconduct
28in carrying on the practice of psychology.

29(5) Submitting a false or deceptive biennial registration to
30the board.

1(6) Being convicted of a felony in any state or Federal
2court or being convicted of the equivalent of a felony in any
3foreign country, or being convicted of a misdemeanor in the
4practice of psychology. As used in this clause the term
5"convicted" includes a finding or verdict of guilt, an admission
6of guilt or a plea of nolo contendere or receiving probation
7without verdict, disposition in lieu of trial or an Accelerated
8Rehabilitative Disposition in the disposition of felony charges.

9(7) Having a license to practice psychology suspended,
10revoked or refused or receiving other disciplinary action by the
11proper psychology licensing authority of another state,
12territory or country.

13(8) Being unable to practice psychology with reasonable
14skill and safety by reason of illness, drunkenness, excessive
15use of drugs, narcotics, chemicals or any other type of
16material, or as a result of any mental or physical condition. In
17enforcing this clause, the board shall, upon probable cause,
18have authority to compel a psychologist to submit to a mental or
19physical examination by a physician or a psychologist approved
20by the board. Failure of a psychologist to submit to such
21examination when directed by the board, unless such failure is
22due to circumstances beyond his or her control, shall constitute
23an admission of the allegations against him or her, consequent
24upon which a default and final order may be entered without the
25taking of testimony or presentation of evidence. A psychologist
26affected under this clause shall at reasonable intervals, as
27determined by the board, be afforded an opportunity to
28demonstrate that he or she can resume a competent practice of
29psychology with reasonable skill and safety.

30(9) Violating a lawful regulation promulgated by the board,

1including, but not limited to, ethical regulations, or violating
2a lawful order of the board previously entered in a disciplinary
3proceeding.

4(10) Knowingly aiding, assisting, procuring or advising any
5unlicensed person to practice psychology, contrary to this act
6or regulations of the board.

7(11) Committing immoral or unprofessional conduct.
8Unprofessional conduct shall include any departure from, or
9failure to conform to, the standards of acceptable and
10prevailing psychological practice. Actual injury to a client
11need not be established.

12(12) Soliciting any engagement to perform professional
13services by any direct, in-person or uninvited soliciting
14through the use of coercion, duress, compulsion, intimidation,
15threats, overreaching or harassing conduct.

16(13) Failing to perform any statutory obligation placed upon
17a licensed psychologist.

18(14) Intentionally submitting to any third-party payor a
19claim for a service or treatment which was not actually provided
20to a client.

21(15) Failing to maintain professional records in accordance
22with regulations prescribed by the board.

23(b) When the board finds that the license or application for
24license of any person may be refused, revoked, restricted or
25suspended under the terms of subsection (a), the board may:

26(1) Deny the application for a license.

27(2) Administer a public reprimand.

28(3) Revoke, suspend, limit or otherwise restrict a license
29as determined by the board.

30(4) Require a licensee to submit to the care, counseling or

1treatment of a physician or a psychologist designated by the
2board.

3(5) Suspend enforcement of its findings thereof and place a
4licensee on probation with the right to vacate the probationary
5order for noncompliance.

6(6) Restore a suspended license to practice psychology and
7impose any disciplinary or corrective measure which it might
8originally have imposed.

9(7) Take other action as the board in its discretion
10considers proper, including precluding a suspended licensee from
11engaging in counseling or any other form of mental health
12practice.

13(c) All actions of the board shall be taken subject to the
14right of notice, hearing and adjudication and the right of
15appeal therefrom in accordance with Title 2 of the Pennsylvania
16Consolidated Statutes (relating to administrative law and
17procedure).

18(d) The board shall temporarily suspend a license under
19circumstances as determined by the board to be an immediate and
20clear danger to the public health and safety. The board shall
21issue an order to that effect without a hearing, but upon due
22notice to the licensee concerned at his or her last known
23address, which shall include a written statement of all
24allegations against the licensee. The provisions of subsection
25(c) shall not apply to temporary suspension. The board shall
26thereupon commence formal action to suspend, revoke or restrict
27the license of the person concerned as otherwise provided for in
28this act. All actions shall be taken promptly and without delay.
29Within thirty days following the issuance of an order
30temporarily suspending a license, the board shall conduct, or

1cause to be conducted, a preliminary hearing to determine that
2there is a prima facie case supporting the suspension. The
3licensee whose license has been temporarily suspended may be
4present at the preliminary hearing and may be represented by
5counsel, cross examine witnesses, inspect physical evidence,
6call witnesses, offer evidence and testimony and make a record
7of the proceedings. If it is determined that there is not a
8prima facie case, the suspended license shall be immediately
9restored. The temporary suspension shall remain in effect until
10vacated by the board but in no event longer than one hundred
11eighty days.

12(e) A license issued under this act shall automatically be
13suspended upon the legal commitment of a licensee to an
14institution because of mental incompetence from any cause upon
15filing with the board of a certified copy of such commitment,
16conviction of a felony under the act of April 14, 1972 (P.L.233, 
17No.64), known as "The Controlled Substance, Drug, Device and
18Cosmetic Act," or conviction of an offense under the laws of
19another jurisdiction, which, if committed in Pennsylvania, would
20be a felony under "The Controlled Substance, Drug, Device and
21Cosmetic Act." As used in this section the term "conviction"
22shall include a judgment, an admission of guilt or a plea of
23nolo contendere. Automatic suspension under this section shall
24not be stayed pending an appeal of conviction. Restoration of
25such license shall be made as provided in this act for
26revocation or suspension of such license.

27Section 8.1. Reporting of Multiple Licensure.--Any licensed
28psychologist of this Commonwealth who is also licensed to
29practice psychology or another health profession in any other
30state, territory or country shall report this information to the

1board on the biennial registration application. Any disciplinary
2action taken in any other state, territory or country shall be
3reported to the board on the biennial registration application
4or within ninety days of disposition, whichever is sooner.
5Multiple licensure shall be noted by the board on the
6psychologist's record, and such state, territory or country
7shall be notified by the board of any disciplinary actions taken
8against said psychologist in this Commonwealth.

9Section 2. Repeal is as follows:

10(1) The General Assembly declares that the repeal under
11paragraph (2) is necessary to effectuate the amendment of
12sections 2, 3, 6, 8 and 8.1 of the act.

13(2) Section 20 of the act of April 25, 1986 (P.L.89,
14No.33), entitled "An act amending the act of March 23, 1972
15(P.L.136, No.52), entitled 'An act relating to the practice
16of psychology, providing for licensing of psychologists,
17making certain acts illegal and providing penalties,'" is
18repealed.

19Section 3. This act shall take effect as follows:

20(1) Clause (10.1) of section 3 shall take effect June
2130, 2015.

22(2) This section shall take effect immediately.

23(3) The remainder of this act shall take effect in 60
24days.