reglab/statecodes huggingface dataset:
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 › LICENSES › Section 41.13 - Reactivation of licensure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 person whose psychology license is inactive or has lapsed because of failure to
					 register biennially with the Board shall apply for reactivation of licensure on
					 forms prescribed by the Board, shall pay the renewal fee for the current
					 biennium, shall show compliance with the continuing education requirements (see
					 §
											41.59 (relating to continuing
					 education)), including the mandatory training requirements in child abuse
					 recognition and reporting in §
											41.77(b)
					 (relating to child abuse recognition and reporting-mandatory training
					 requirement), and shall submit a notarized affidavit identifying periods of
					 time during which the applicant for reactivation did not practice psychology in
					 this Commonwealth or practiced in a setting where psychologists are exempt from
					 licensure under section 3 of the act (63 P.S. §
												1203). The late renewal fee described in
					 subsection (b) and referenced in §
											41.11(d)
					 (relating to licenses) will not be imposed for periods of nonpractice or
					 practice in an exempt setting.
(b)
					 A person whose psychology license is inactive or has lapsed is prohibited from
					 practicing psychology in this Commonwealth except in exempt settings as
					 referenced in subsection (a). An applicant for reactivation of licensure who
					 engaged in unauthorized practice in this Commonwealth shall pay a late renewal
					 fee of $5 for each month or part of a month during which the unauthorized
					 practice occurred, as provided in section 225 of the Bureau of Professional and
					 Occupational Affairs Fee Act (63 P. S. §
												1401-225). This fee is in addition to
					 biennial renewal fees for bienniums during which unauthorized practice
					 occurred. The payment of late fees and biennial renewal fees does not preclude
					 the Board from taking disciplinary action against a person who practiced
					 psychology in a nonexempt setting without a current
					 license.
The provisions of this §
													41.13 issued under section
						  3.2(2) of the
						  Professional Psychologists Practice Act (63 P.S. §
														1203.2(2)).
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 › PROFESSIONAL CORPORATIONS AND FICTITIOUS NAMES › Section 41.26 - Professional corporations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 psychologist licensed by the Board may professionally incorporate with other
					 licensed psychologists or with licensed chiropractors, medical doctors, nurses,
					 optometrists, doctors of osteopathy, pharmacists, podiatrists, veterinarians,
					 dentists, engineers, nursing home administrators, physical therapists,
					 occupational therapists, audiologists, speech-language pathologists, teachers
					 of the hearing impaired and social workers, if the incorporation is also
					 authorized by Chapters 5, 17, 21, 23, 25, 27, 29, 31, 33, 37, 39, 40, 42, 45
					 and 47.
(b) The articles of
					 incorporation and registry statement of the proposed corporation shall be filed
					 with the Board for review and approval prior to their submission to the
					 Corporation Bureau. The filer shall identify all parties with an ownership
					 interest in the business and all licensed or unlicensed professional
					 staff.
(c) The name of a
					 professional corporation must be approved by the Board prior to its use. Names
					 which contravene the ethical principles set out in §
											41.61 (relating to Code of Ethics)
					 or which, when regarded in their entirety, are false, misleading or deceptive
					 will be disapproved. When applied to names which limit the practice to a
					 particular area of psychology-for example, neuropsychology, clinical psychology
					 or biofeedback-these standards of review require the filer to submit
					 documentation of training sufficient to establish the credentials in that area
					 of the relevant service providers.
(d) Psychologists who establish
					 multi-disciplinary practices with nonpsychologists shall ensure that
					 announcements of services to the public accurately represent the professions of
					 service providers.
The provisions of this §
													41.26 issued under section
						  476.1 of The Administrative Code
						  of 1929 (71 P.S. §
														180-6.1(b)(2)); and section
						  7 of the Professional Corporation Law (15 P.S. §
														2907(b)(2)); amended under
						  section 3.2(2) of the
						  Professional Psychologists Practice Act (63 P.S. §
														1203.2(2)).
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 › PROFESSIONAL CORPORATIONS AND FICTITIOUS NAMES › Section 41.27 - Fictitious names

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 psychologist practicing as a sole proprietor or in association with other
					 psychologists in a business form other than a professional corporation may do
					 business under a fictitious name.
(b) A fictitious name registration shall be
					 filed with the Board for review and approval prior to its submission to the
					 Corporation Bureau. The filer shall identify all parties with an ownership
					 interest in the business and all licensed or unlicensed professional
					 staff.
(c) A fictitious name must
					 be approved by the Board prior to its use. Names which contravene the ethical
					 principles set out in §
											41.61 (relating to Code of Ethics)
					 or which, when regarded in their entirety, are false, misleading or deceptive
					 will be disapproved. When applied to names which limit the practice to a
					 particular area of psychology-for example, neuropsychology, clinical psychology
					 or biofeedback-these standards of review require the filer to submit
					 documentation of training sufficient to establish the credentials in that area
					 of all relevant service providers.
The provisions of this §
													41.27 issued under section
						  3.2(2) of the
						  Professional Psychologists Practice Act (63 P.S. §
														1203.2(2)).
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 › QUALIFICATIONS › Section 41.30 - Qualifications and documentation necessary for licensure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To qualify for licensure, an applicant
					 shall complete the educational requirements in §
											41.31 (relating to educational
					 qualifications), the experience requirements in §
											41.32 (relating to experience
					 qualifications) and the examination requirements in §
											41.41 (relating to
					 examinations).
(b) An applicant for
					 licensure shall submit, or cause to be submitted, an application and fee to the
					 Board plus:
(1) In a sealed envelope, signed
					 by the primary supervisors on the envelope flap, verification of post doctoral
					 experience form, quarterly evaluations/progress reports, which include
					 objectives, prepared during the course of supervision, and a letter describing
					 the supervisory interactions and the supervisor's judgment of the applicant's
					 potential as a psychologist.
(2) An
					 updated criminal history records information report unless submitted to the
					 Board within 90 days of the application for licensure under §
												41.11(a)(3)
					 (relating to licenses).
(3) An
					 updated Child Abuse History Clearance unless submitted to the Board within 90
					 days of the application for licensure under § 41.11(a)(3).
(4) Evidence that the applicant has completed
					 at least 3 hours of training in child abuse recognition and reporting in
					 accordance with §
												41.77(a)
					 (relating to child abuse recognition and reporting-mandatory training
					 requirement).
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 › QUALIFICATIONS › Section 41.32 - Experience qualifications

Current through Register Vol. 54, No. 28, July 13, 2024
To meet the experience requirements for licensure under
						section 6 of the act (63 P. S. §
												1206), an applicant shall complete 1 year of
						acceptable postdoctoral supervised experience.
(1)
Timing
.
(i) One year is calculated as a period of at
					 least 12 months consisting of at least 1,750 hours of experience.
(ii) No more than 45 hours but no less than
					 15 hours of experience may be counted per week.
(iii) Fifty percent of the required hours
					 must be obtained performing diagnosis, assessment, therapy, other
					 interventions, supervision or consultation and receiving supervision or
					 consultation. The remaining required hours may be obtained by teaching in
					 association with an organized psychology program preparing practicing
					 psychologists or a postdoctoral training program, psychological research or any
					 of the categories listed in this paragraph.
(iv) The total experience must be obtained
					 within 10-calendar years from the award of the doctoral degree. A psychologist
					 who cannot meet this time frame due to hardship or medical necessity may apply
					 to the Board in writing for a waiver. The request must include a description of
					 circumstances sufficient to show why compliance was impossible. Waiver requests
					 will be evaluated by the Board on a case-by-case basis and will be approved or
					 disapproved at its discretion.
(v)
					 The required experience may be obtained at more than one entity simultaneously,
					 if the following criteria are met:
(A) The
					 experience is obtained for each entity for a minimum of 6 consecutive
					 months.
(B) The experience occurs
					 for a minimum of 15 hours per week at each setting.
(C) The total experience for all settings
					 does not exceed 45 hours per week.
(D) The experience complies with the
					 requirements in paragraphs (2) and (3).
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 › QUALIFICATIONS › Section 41.33 - Supervisors

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Primary and
					 delegated supervisors are required to:
(1) Be
					 currently licensed while providing supervision.
(2) Be qualified by training and experience
					 to practice in the psychology resident's areas of supervised
					 practice.
(3) Own, be an employee
					 of, or be in contract status with the entity employing the psychology
					 resident.
(4) Review issues of
					 practice and ethics with the psychology resident.
(5) Meet individually face-to-face with the
					 psychology resident for an average supervisory total of at least 2 hours per
					 week.
(6) Maintain notes or records
					 of scheduled supervisory sessions until the psychology resident obtains a
					 license or for at least 10 years, whichever is greater.
(7) Ensure that the psychology resident's
					 status is made known to client/patients and to third-party payors.
(8) Prepare written evaluations/progress
					 reports at least quarterly delineating the psychology resident's strengths and
					 weaknesses. These evaluations/reports must be included with the applicant's
					 application for licensure.
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 › EXAMINATIONS › Section 41.41 - Examinations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To be eligible
					 to take the licensure examinations, the applicant shall have obtained a
					 doctoral degree in psychology or a field related to psychology and completed
					 all degree requirements in §
											41.31 (relating to educational
					 qualifications).
(b) Applicants
					 shall obtain a passing score on the Examination for Professional Practice In
					 Psychology and the Pennsylvania Psychology Law Examination to qualify for
					 licensure. Information about the contents of the examinations is available from
					 the Board office.
(c) An applicant
					 who has been deemed ineligible to take the examinations shall be notified in
					 writing of the reasons for ineligibility, whereupon the applicant may, within
					 30 days of the notice, correct the causes for the ineligibility or file a
					 request for reconsideration. A request for reconsideration must give the
					 reasons for the applicant's request, must be accompanied by documentary
					 materials not previously submitted which the applicant wishes the Board to
					 consider, and may include a request for an informal interview before the
					 Board.
The provisions of this §
													41.41 amended under sections
						  3.2(1) and (2),
						  6(a) and 8(a)(6) of the Professional Psychologists Practice Act (63 P. S.
						  §§
														1203.2(1) and
						  (2),
						  1206(a)(2) and
						  1208(a)(6)).
This section cited in 49 Pa. Code §
													41.30 (relating to qualifications
						  and documentation necessary for
						  licensure).
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 › EXAMINATIONS › Section 41.42 - Reexamination

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After
					 first-time failure, candidates may take a second examination upon filing an
					 updated application and paying the reapplication fee-first time examination
					 failure specified in §
											41.12 (relating to fees), but only
					 after the expiration of 6 months and within 2 years following the first
					 examination date.
(b) After
					 subsequent unsuccessful examinations, applicants may reapply to take any
					 portion of the examination after 60 days following the failure, but shall
					 satisfy the administrative, education and experience requirements prevailing at
					 the time of the reapplication, file a verification of experience form and pay
					 the reapplication fee-subsequent examination failure specified in §
					 41.12.
(c) The applicant will be
					 judged pass or fail on the basis of the standards prevailing at the time of
					 reexamination.
(d) No applicant
					 will be permitted to sit for more than four examinations in any 1-year
					 period.
The provisions of this §
													41.42 amended under section
						  3.2(1) and (2) of
						  the Professional Psychologists Practice Act (63 P. S. §
														1203.2(1) and
						  (2)).
This section cited in 49 Pa. Code §
													41.31 (relating to educational
						  qualifications).
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 › EXAMINATIONS › Section 41.43 - Waiver of examination

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under
					 section 3.2(6) of the act (63 P. S. §
												1203.2(6)), the Board may
					 waive examination and grant a license in cases it deems exceptional by virtue
					 of the applicant's international or national reputation for having made an
					 extraordinary contribution to the science or practice of psychology, if, in the
					 opinion of the Board, the applicant possesses current competency to
					 practice.
(b) Applicants seeking
					 licensure without examination under this section shall formally petition the
					 Board in writing to consider documentation supporting their request for a
					 waiver.
(c) Each decision on a
					 petition for waiver shall be within the discretion of the Board and shall be
					 communicated to the applicant in writing, with the reasons for the decision
					 specified.
The provisions of this §
													41.43 issued under section
						  3.2(2) of the
						  Professional Psychologists Practice Act (63 P. S. §
														1203.2(2)).
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 › MISCELLANEOUS › Section 41.51 - Areas of acceptable practice

Current through Register Vol. 54, No. 28, July 13, 2024
The Board requires psychology trainees and licensees to
						limit their practices to areas of demonstrated competence, as expounded in
						Principle 2 of §
											41.61 (relating to Code of
						Ethics).
The provisions of this §
													41.51 amended under section
						  3.2(2) of the
						  Professional Psychologists Practice Act (63 P. S. §
														1203.2(2)).
This section cited in 49 Pa. Code §
													41.8 (relating to Department of
						  Health licensing of substance abuse services provided by psychology
						  practices-statement of policy).
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 › MISCELLANEOUS › Section 41.52 - Persons licensed in other states

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 person who holds a current license or certificate to practice psychology issued
					 by a statutory board of psychologist examiners of a state with requirements for
					 licensure which are deemed by the Board to be equivalent to those of the
					 Commonwealth may be exempt from examination. Application for licensure under
					 these circumstances shall be made on forms supplied by the Board and shall be
					 accompanied by the initial application fee specified in §
											41.12 (relating to fees).
					 Applicants under this section shall be required to complete at least 3 hours of
					 training in child abuse recognition and reporting in accordance with §
											41.77(a)
					 (relating to child abuse recognition and reporting-mandatory training
					 requirement).
(b) An applicant who
					 has passed the National portion of the examination with a score equivalent to
					 or higher than the passing score then prevailing in this Commonwealth will not
					 be required to repeat this portion of the examination.
(c) In accordance with section 3(7) of the
					 act (63 P. S. §
												1203(7)), a psychologist
					 licensed for independent practice by a statutory board of psychologist
					 examiners of another state or a province of Canada, whose license is current
					 and in good standing, may practice psychology on temporary assignment in this
					 Commonwealth for up to 6 months, after written notification to the Board and
					 receipt from the Board, in writing, of temporary permission to practice. The
					 Board will grant no more than one extension of the 6-month period, the
					 extension not to exceed an additional 6 months. Requests for extensions shall
					 be made to the Board in writing. A psychologist on temporary assignment in this
					 Commonwealth for an aggregate of no more than 14 days is exempted from the
					 notification requirement.
The provisions of this §
													41.52 amended under section
						  3.2(1) and (2) of
						  the Professional Psychologists Practice Act (63 P.S. §
														1203.2(1) and
						  (2)).
This section cited in 49 Pa. Code §
													41.59 (relating to continuing
						  education).
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 › MISCELLANEOUS › Section 41.52a - Licensure by endorsement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Requirements for issuance.
To be issued a license by
					 endorsement under
					 63 Pa.C.S. §
												3111
					 (relating to licensure by endorsement), an applicant must satisfy all of the
					 following requirements:
(1) Has a current
					 license, certification, registration or permit in good standing to practice
					 psychology in another jurisdiction whose standards are substantially equivalent
					 to or exceed those established by the Board under section 6 of the act
					 (63
					 P.S. §
													1206) and §§
												41.31 and
					 41.32 (relating to educational
					 qualifications; and experience qualifications).
(i) An applicant must submit a copy of the
					 current applicable law, regulation or other rule governing licensure,
					 certification, registration or permit requirements and scope of practice in the
					 jurisdiction that issued the license, certification, registration or
					 permit.
(ii) If the applicable law,
					 regulation or other rule is in a language other than English, at the
					 applicant's expense, the applicable law, regulation or other rule shall be
					 translated by a professional translation service and verified to be complete
					 and accurate.
(iii) The copy of the
					 applicable law, regulation or other rule must include the enactment
					 date.
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 › MISCELLANEOUS › Section 41.52b - Provisional endorsement license

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Provisional endorsement license.
The Board may, in its
					 discretion, issue a provisional endorsement license to an applicant while the
					 applicant is satisfying remaining requirements for licensure by endorsement
					 under
					 63 Pa.C.S. §
												3111
					 (relating to licensure by endorsement) and §
											41.52a(a)
					 (relating to licensure by endorsement).
(b)
Expiration of a provisional
					 endorsement license.
(1) An
					 individual holding a provisional endorsement license may practice for up to 1
					 year after issuance of the provisional endorsement license. The Board, in its
					 discretion, may determine that an expiration date of less than 1 year is
					 appropriate.
(2) Upon a written
					 request and a showing of good cause, the Board may grant an extension of no
					 longer than 1 year from the expiration date of the provisional endorsement
					 license.
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 › MISCELLANEOUS › Section 41.53 - Adoption of Board procedures

Current through Register Vol. 54, No. 28, July 13, 2024
As necessary, the Board will adopt procedures to assist
						it in processing applications in an orderly fashion.
The provisions of this §
													41.53 amended under section
						  3.2(2) of the
						  Professional Psychologists Practice Act (63 P.S. §
														1203.2(2)).
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 › MISCELLANEOUS › Section 41.55 - Communications to and from the Board

Current through Register Vol. 54, No. 28, July 13, 2024
The Board will give official consideration only to
						communications which are made in writing and which are directed to the Board
						office. Communications from the Board will not be deemed official unless they
						are authorized by the Board or are generated in writing by an officer of the
						Board. Unilateral communications from individual Board members are not official
						Board communications.
The provisions of this §
													41.55 issued under section
						  3.2(2) of the
						  Professional Psychologists Practice Act (63 P.S. §
														1203.2(2)).
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 › MISCELLANEOUS › Section 41.56 - Private practice by certified school psychologists

Current through Register Vol. 54, No. 28, July 13, 2024
Under section 3(10) of the act (63 P. S. §
												1203(10)), school
						psychologists certified by the Department of Education may perform in private
						practice those acts which they are permitted to perform in the public and
						private schools of this Commonwealth. A person engaged in the private practice
						of school psychology under this section shall satisfy the following
						criteria:
(1) The person shall hold a
					 current certificate as an Educational Specialist I or II in school psychology
					 issued by the Department of Education.
(2) Concurrently with engaging in private
					 practice, the person shall be employed in a school in this Commonwealth as a
					 school psychologist in good standing.
The provisions of this §
													41.56 issued under section
						  3.2(2) of the
						  Professional Psychologists Practice Act (63 P. S. §
														1203.2(2)).
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 › MISCELLANEOUS › Section 41.57 - Professional records

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
					 section sets out the Board's minimum requirements for the maintenance of
					 professional records by psychologists. These requirements express the Board's
					 belief that a psychologist's commitment to the welfare of a client/patient
					 includes the duty to record accurately that person's progress through the
					 evaluation and intervention process. Compliance with this section does not
					 excuse psychologists from complying with stricter standards otherwise imposed
					 by State or Federal law or regulation or by institutional
					 requirements.
(b) A psychologist
					 shall maintain a legible record for each client/patient which includes, at a
					 minimum:
(1) The name and address of the
					 client/patient and, if the client/patient is a minor, the names of the parents
					 or the name of the legal guardian. If a minor's parents are separated, notation
					 of legal custodial arrangements is required.
(2) The presenting problem or purpose or
					 diagnosis.
(3) The fee
					 arrangement.
(4) The date and
					 substance of each service contact.
(5) Test results or other evaluative results
					 obtained and basic test data from which they were derived.
(6) Notation and results of formal consults
					 with other providers.
(7) A copy of
					 all test or other evaluative reports prepared as part of the professional
					 relationship.
(8) Authorizations,
					 if any, by the client/patient for release of records or information.
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 › CHILD ABUSE REPORTING REQUIREMENTS › Section 41.71 - Suspected child abuse-mandated reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
(1) Under
					 23 Pa.C.S. §
													6311
					 (relating to persons required to report suspected child abuse), licensed
					 psychologists and psychology students, residents, interns, trainees and other
					 unlicensed individuals with graduate training in psychology who are supervised
					 by licensed psychologists are considered mandated reporters. A mandated
					 reporter shall make a report of suspected child abuse in accordance with this
					 section if the mandated reporter has reasonable cause to suspect that a child
					 is a victim of child abuse under any of the following circumstances:
(i) The mandated reporter comes into contact
					 with the child in the course of employment, occupation and practice of the
					 profession or through a regularly scheduled program, activity or
					 service.
(ii) The mandated reporter
					 is directly responsible for the care, supervision, guidance or training of the
					 child, or is affiliated with an agency, institution, organization, school,
					 regularly established church or religious organization or other entity that is
					 directly responsible for the care, supervision, guidance or training of the
					 child.
(iii) A person makes a
					 specific disclosure to the mandated reporters that an identifiable child is the
					 victim of child abuse.
(iv) An
					 individual 14 years of age or older makes a specific disclosure to the mandated
					 reporter that the individual has committed child abuse.
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 › CHILD ABUSE REPORTING REQUIREMENTS › Section 41.72 - Photographs, medical tests and X-rays of child subject to report

Current through Register Vol. 54, No. 28, July 13, 2024
A mandated reporter may take or cause to be taken
						photographs of the child who is subject to a report and, if clinically
						indicated, cause to be performed a radiological examination and other medical
						tests on the child. Medical summaries or reports of the photographs, X-rays and
						relevant medical tests taken shall be sent to the county children and youth
						social service agency at the time the written report is sent, or within 48
						hours after an electronic report is made under §
											41.71(c)(2)
						(relating to suspected child abuse-mandated reporting requirements), or as soon
						thereafter as possible. The county children and youth social service agency
						shall have access to actual photographs or duplicates and X-rays and may obtain
						them or duplicates of them upon request. Medical summaries or reports of the
						photographs, X-rays and relevant medical tests shall be made available to law
						enforcement officials in the course of investigating cases under
						23 Pa.C.S. §
												6340(a)(9) or
						(10) (relating to release of information in
						confidential reports).
The provisions of this §
													41.72 issued under the Child
						  Protective Services Law,
						  23 Pa.C.S. §
														6383(b)(2); and section
						  3.2(2)  of the
						  Professional Psychologists Practice Act (63 P. S. §
														1203.2(2)).
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 › CHILD ABUSE REPORTING REQUIREMENTS › Section 41.73 - Suspected death as a result of child abuse- mandated reporting requirement

Current through Register Vol. 54, No. 28, July 13, 2024
A mandated reporter who has reasonable cause to suspect
						that a child died as a result of child abuse shall report that suspicion to the
						coroner or medical examiner of the county where death occurred or, in the case
						where the child is transported to another county for medical treatment, to the
						coroner or medical examiner of the county where the injuries were
						sustained.
The provisions of this §
													41.73 issued under the Child
						  Protective Services Law,
						  23 Pa.C.S. §
														6383(b)(2); and section
						  3.2(2)  of the
						  Professional Psychologists Practice Act (63 P. S. §
														1203.2(2)).
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 › CHILD ABUSE REPORTING REQUIREMENTS › Section 41.74 - Immunity from liability

Current through Register Vol. 54, No. 28, July 13, 2024
Under
						23 Pa.C.S. §
												6318
						(relating to immunity from liability) a mandated reporter who participates in
						good faith in the making of a report of suspected child abuse, making a
						referral for general protective services, cooperating or consulting with an
						investigation including providing information to a child fatality or near
						fatality review team, testifying in a proceeding arising out of an instance of
						suspected child abuse or general protective services or engaging in any action
						authorized under 23 Pa.C.S. Chapter 63 (relating to Child Protective Services
						Law), shall have immunity from civil and criminal liability that might
						otherwise result by reason of the mandated reporter's actions. For the purpose
						of any civil or criminal proceeding, the good faith of the mandated reporter
						shall be presumed. The Board will uphold the same good faith presumption in any
						disciplinary proceeding that might result by reason of a licensed
						psychologist's actions under §§
											41.71-41.73 (relating to suspected child
						abuse-mandated reporting requirements; photographs, medical tests and X-rays of
						child subject to report; and suspected death as a result of child abuse-
						mandated reporting requirement).
The provisions of this §
													41.74 issued under the Child
						  Protective Services Law,
						  23 Pa.C.S. §
														6383(b)(2); and section
						  3.2(2)  of the
						  Professional Psychologists Practice Act (63 P. S. §
														1203.2(2)).
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 › CHILD ABUSE REPORTING REQUIREMENTS › Section 41.75 - Confidentiality-waived

Current through Register Vol. 54, No. 28, July 13, 2024
To protect children from abuse, the reporting
						requirements of §§
											41.71-41.73 (relating to suspected child
						abuse-mandated reporting requirements; photographs, medical tests and X-rays of
						child subject to report; and suspected death as a result of child
						abuse-mandated reporting requirement) take precedence over the provisions of
						Ethical Principle 5 (relating to confidentiality) in §
											41.61 (relating to Code of Ethics)
						and any other ethical principle or professional standard that might otherwise
						apply to psychologists. Under
						23 Pa.C.S. §
												6311.1
						(relating to privileged communications), privileged communications between a
						mandated reporter and a patient/client do not apply to a situation involving
						child abuse and do not relieve the mandated reporter of the duty to make a
						report of suspected child abuse. Additionally, under
						23 Pa.C.S. §
												6313(e) (relating to
						reporting procedure), notwithstanding any other provision of law to the
						contrary, a mandated reporter who makes a report of suspected child abuse does
						not violate the Mental Health Procedures Act (50 P.S. §§
												7101-7503) by releasing information necessary
						to complete the report.
The provisions of this §
													41.75 issued under the Child
						  Protective Services Law,
						  23 Pa.C.S. §
														6383(b)(2); and section
						  3.2(2)  of the
						  Professional Psychologists Practice Act (63 P. S. §
														1203.2(2)).
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 › CHILD ABUSE REPORTING REQUIREMENTS › Section 41.76 - Noncompliance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Disciplinary action.
A licensed psychologist who willfully
					 fails to comply with the reporting requirements in §§
											41.71-41.73 (relating to suspected child
					 abuse- mandated reporting requirements; photographs, medical tests and X-rays
					 of child subject to report; and suspected death as a result of child
					 abuse-mandated reporting requirement) will be subject to disciplinary action
					 under section 11 of the act (63 P.S. §
												1911).
(b)
Criminal penalties.
Under
					 23 Pa.C.S. §
												6319
					 (relating to penalties), a mandated reporter who is required to report a case
					 of suspected child abuse or to make a referral to the appropriate authorities,
					 and who willfully fails to do so, commits a criminal offense as follows:
(1) An offense not otherwise specified in
					 paragraphs (2), (3) or (4) is a misdemeanor of the second degree.
(2) An offense is a felony of the third
					 degree if all of the following apply:
(i) The
					 mandated reporter willfully fails to report.
(ii) The child abuse constitutes a felony of
					 the first degree or higher.
(iii)
					 The mandated reporter has direct knowledge of the nature of the
					 abuse.
(3) If the
					 willful failure to report continues while the mandated reporter knows or has
					 reasonable cause to suspect that a child is being subjected to child abuse by
					 the same individual, or while the mandated reporter knows or has reasonable
					 cause to suspect that the same individual continues to have direct contact with
					 children through the individual's employment, program, activity or service, the
					 mandated reporter commits a felony of the third degree, except that if the
					 child abuse constitutes a felony of the first degree or higher, the mandated
					 reporter commits a felony of the second degree.
(4) A mandated reporter who, at the time of
					 sentencing for an offense under
					 23 Pa.C.S. §
													6319,
					 has been convicted of a prior offense under
					 23 Pa.C.S. §
													6319,
					 commits a felony of the third degree, except that if the child abuse
					 constitutes a felony of the first degree or higher, the penalty for the second
					 or subsequent offense is a felony of the second degree.
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 › CHILD ABUSE REPORTING REQUIREMENTS › Section 41.78 - Child abuse recognition and reporting course approval process

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An individual,
					 entity or organization may apply for approval to provide mandated reporter
					 training as required under
					 23 Pa.C.S. §
												6383(b) (relating to
					 education and training) by submitting the course materials set forth in
					 subsection (b) simultaneously to the Department of Human Services, Office of
					 Children, Youth and Families, and to the Bureau at the following addresses:
(1) Department of Human Services, Office of
					 Children, Youth and Families, Health and Welfare Building, 625 Forster Street,
					 Harrisburg, PA 17120; or electronically at RA-PWOCYFCPSL@pa.gov.
(2) Bureau of Professional and Occupational
					 Affairs, 2601 North Third Street, P.O. Box 2649, Harrisburg, PA 17105-2649; or
					 electronically at RA-stcpsl_course_app@ pa.gov.
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 › SEXUAL INTIMACIES › Section 41.81 - Prohibited conduct

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Sexual
					 intimacies between a psychologist and a current client/patient, or an immediate
					 family member of a current client/patient, are prohibited.
(b) Sexual intimacies between a psychologist
					 and a psychology trainee, student or research participant are
					 prohibited.
The provisions of this §
													41.81 issued under section
						  3.2(2) of the
						  Professional Psychologist's Practice Act (63 P. S. §
														1203.2(2)).
This section cited in 49 Pa. Code §
													41.84 (relating to disciplinary
						  proceedings); and 49 Pa. Code §
													41.85 (relating to impaired
						  professional program).
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 › SEXUAL INTIMACIES › Section 41.82 - Former sexual partners as client/patients

Current through Register Vol. 54, No. 28, July 13, 2024
Psychologists may not accept as client/patients persons
						with whom they have engaged in sexual intimacies.
The provisions of this §
													41.82 issued under section
						  3.2(2) of the
						  Professional Psychologist's Practice Act (63 P. S. §
														1203.2(2)).
This section cited in 49 Pa. Code §
													41.84 (relating to disciplinary
						  proceedings); and 49 Pa. Code §
													41.85 (relating to impaired
						  professional program).
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 › SEXUAL INTIMACIES › Section 41.83 - Sexual intimacies with a former client/patient, or an immediate family member of a former client/patient

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Sexual intimacies between a psychologist
					 and a former client/patient, or an immediate family member of a former
					 client/patient are prohibited for at least 2 years following the termination of
					 the professional relationship, and then only under very limited
					 circumstances.
(b) Following the
					 passage of the 2-year period, psychologists who engage in sexual intimacies
					 with a former client/patient, or an immediate family member of a former
					 client/patient shall have the burden of demonstrating that there has been no
					 exploitation of the client/patient in light of all relevant factors, including:
(1) The amount of time that has passed since
					 the professional relationship terminated.
(2) The nature and duration of the
					 therapy.
(3) The circumstances of
					 termination.
(4) The
					 client/patient's personal history, for example, unique
					 vulnerabilities.
(5) The
					 client/patient's current mental status.
(6) Statements or actions made by the
					 psychologist during the course of therapy suggesting or inviting the
					 possibility of a posttermination sexual or romantic relationship with the
					 client/patient.
(7) The likelihood
					 of adverse impact on the client/patient and immediate family members of the
					 client/patient.
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 › SEXUAL INTIMACIES › Section 41.84 - Disciplinary proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 consent of an individual to engage in sexual intimacies with the psychologist
					 may not be a defense in any disciplinary action brought under §§
											41.81-41.83 (relating to prohibited
					 conduct; former sexual partners as client patients; and sexual intimacies with
					 a former client/patient or, an immediate family member of a former
					 client/patient).
(b) With the
					 exception of information contained in a professional record, neither opinion
					 evidence, reputation evidence nor specific instances of the past sexual conduct
					 of an individual may be admissible in a disciplinary action brought under
					 §§ 41.81-41.83.
(c) In a disciplinary proceeding brought
					 under §§
											41.81-41.83, the psychologist shall have
					 the burden of proving that there has been no exploitation of the client/patient
					 in light of all of the relevant factors enumerated under §
											41.83(b)(1)-(7).
The provisions of this §
													41.84 issued under section
						  3.2(2) of the
						  Professional Psychologist's Practice Act (63 P. S. §
														1203.2(2)).
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 › SEXUAL INTIMACIES › Section 41.85 - Impaired professional program

Current through Register Vol. 54, No. 28, July 13, 2024
When the Board takes disciplinary or corrective action
						against a psychologist under section 8(a) of the act (63 P. S. §
												1208(a)), for conduct
						prohibited by §§
											41.81-41.83 (relating to sexual
						intimacies with a former client/patient, or an immediate family member of a
						former client/patient) the psychologist will not be eligible for placement into
						an impaired professional program in lieu of disciplinary or corrective
						actions.
The provisions of this §
													41.85 issued under section
						  3.2(2) of the
						  Professional Psychologist's Practice Act (63 P. S. §
														1203.2(2)).
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 › NOTICE REQUIREMENTS › Section 41.91 - Reporting of crimes and disciplinary actions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A licensee shall notify the Board of
					 having been convicted, as defined in section 8(a)(6) of the act (63 P. S. §
												1208(a)(6)), of a felony or
					 misdemeanor, within 30 days of the conviction, or on the biennial renewal
					 application, whichever is sooner.
(b) A licensee shall notify the Board of
					 disciplinary action in the nature of a final order taken against the licensee
					 by the licensing authority of another state, territory or country within 90
					 days of receiving notice of the disciplinary action, or on the biennial renewal
					 application, whichever is sooner.
The provisions of this §
													41.91 issued under sections
						  3.2(2),
						  8(a)(6)-(8), 8.1, 11(c) and 17 of the Professional Psychologists Practice Act
						  (63
						  P. S. §§
														1203.2(2),
						  1208(a)(6)-(8), 1208.1,
						  1211(c) and 1217).
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 › NOTICE REQUIREMENTS › Section 41.92 - Notice of active suspension or revocation

Current through Register Vol. 54, No. 28, July 13, 2024
A licensee who has voluntarily surrendered a license in
						lieu of discipline or whose license has been actively suspended or revoked by
						the Board shall return the suspended or revoked license to the Board and notify
						all current clients/patients and any individuals obtaining supervision for
						licensure from the licensee of the disciplinary action in writing within 30
						days of receiving notice of the disciplinary action. The notice must contain
						the following:
(1) The sanction
					 imposed.
(2) The effective date and
					 length of the sanction.
(3) The
					 nature of the violation.
(4) A
					 statement that the licensee will assist patients in obtaining alternative
					 professional resources and in transferring psychological records.
The provisions of this §
													41.92 issued under sections
						  3.2(2),
						  8(a)(6)-(8), 8.1, 11(c) and 17 of the Professional Psychologists Practice Act
						  (63
						  P. S. §§
														1203.2(2),
						  1208(a)(6)-(8), 1208.1,
						  1211(c) and 1217).