Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 41 - STATE BOARD OF PSYCHOLOGY › GENERAL › Section 41.8 - Department of Health licensing of substance abuse services provided by psychology practices-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Background and purpose
.
					 The act authorizes the Board to license psychologists and to regulate the
					 practice of psychology in this Commonwealth. The Department of Health
					 (Department), citing Articles IX and X of the Public Welfare Code
					 (62
					 P. S. §§
												901-1059), and regulations
					 promulgated thereunder at 28 Pa. Code Chapter 709 (relating to standards for
					 licensure of freestanding treatment facilities), maintains that its licensing
					 and regulatory authority extends to psychology practices that provide services
					 to clients/patients with substance abuse problems. The Board has sought to
					 develop with the Department a joint policy statement accommodating the
					 jurisdictional and public protection interests of each agency. This endeavor
					 has not been successful. Meanwhile, the Board continues to receive inquiries
					 from its licensees in independent practice who have been notified that they
					 must secure an additional license from the Department if they provide substance
					 abuse services. This statement of policy expresses the Board's position on this
					 matter. It does not represent a reconciliation of views with the Department,
					 nor is it intended to address funding or reimbursement issues.
(b)
Board Authority
. The
					 Board has statutory authority to license, regulate and discipline psychologists
					 in this Commonwealth. Accordingly, the Board regards the following services as
					 exempt from licensure by the Department:
(1)
					 Substance abuse services provided by a licensed psychologist functioning as a
					 sole practicioner or by a group practice comprised only of licensed
					 psychologists. Board regulations restrain psychologists from providing
					 professional services unless qualified by education and training. See §
												41.51 and Ethical Principle 2
					 under §
												41.61 (relating to areas of
					 acceptable practice; and Code of Ethics). Psychologists who practice outside
					 their areas of competence when providing substance abuse services are subject
					 to disciplinary action by the Board, including the suspension or revocation of
					 licensure.
(2) Substance abuse
					 services provided by a psychology practice through a psychology trainee
					 completing the supervised experience requirement for licensure. Board
					 regulations require that the trainee be supervised by a licensed psychologist
					 competent to perform the professional services rendered by the trainee. See
					 §§
												41.31 and
					 41.32 (relating to educational
					 qualifications; and standards for supervisors). Psychologists who fail to meet
					 this requirement when supervising a trainee who provides substance abuse
					 services are subject to disciplinary action by the Board, including the
					 suspension or revocation of licensure.
(3) Substance abuse services provided by a
					 psychology practice through an unlicensed employee with graduate training in
					 psychology. Board regulations require that the employee be supervised by a
					 licensed psychologist competent to perform the professional services rendered
					 by the employee. See §
												41.58 (relating to standards for
					 the employment and supervision of unlicensed persons with graduate training in
					 psychology). Psychologists who fail to meet this requirement when supervising
					 an unlicensed employee who provides substance abuse services are subject to
					 disciplinary action by the Board, including the suspension or revocation of
					 licensure.