Flashcards in Professional Psychologists Practice Act Deck (30):
Declaration of policy
Protect the public from unprofessional, improper, and unqualified practice and from unprofessional conduct by licensed persons
State board of psychology consists of...
9 members who are U.S citizens and residents of PA for 3 years.
8 are appointed by the Governor with advice and consent of Senate and Commissioner of Professional and occupational affairs (who also serves as the 9th member)
6 have current valid licenses and broadly represent practice areas
2 are representatives of the public at large
Term of board members
4 years or until a successor has been appointed
No member can serve more than 2 consecutive terms
Majority of members of the board serving in accordance with the law. Expect for temporary and automatic suspensions, a member may not be counted as part of a quorum or vote unless in physical attendance.
Board annually selects a chairman and vice chairman from the board and elect a secretary, who, with approval of Commissioner, need not be a member of the board
$60 for each member of the board except for the Commissioner. Members also receive reasonable amount for travel, hotel, and other expenses
Board subject to evaluation, review, and termination within the time and manner provided
Forfeit of board seat
1) Member fails to attend 3 consecutive meetings
2) Member fails to attend 2 consecutive mandated training seminars
Commissioner can excuse absence upon a written request from member because of illness or death of a family member
6 times a year and additionally as needed
Powers of the board
1) Pass upon qualifications and fitness of applicants for licenses and reciprocal licenses
2) Adopt and revise rules and regulations
3) Examine for, deny, approve, issues, revoke, suspend, restrict, limit and renew licenses
4) Conduct hearings upon complaints regarding violations of rules and regulations and impose civil penalties
5) Employ a professional credentials evaluator
6) Waive examination and grant license in exceptional cases
Fees, fines, and civil penalties
1) Fees are fixed by board by regulation; may be increased if not sufficient to meet expenditures of board over a 2 year period
2) Bureau of Professional and Occupational Affairs may also increase fees if insufficient to meet board expenditures
3) All paid into Professional Licensure Augmentation Account
4) Board may charge a fee for all examinations, registrations, renewals, certifications, licensure, and applications
Reports of the Board
1) Report annually to Department of State to estimate financial requirements of the board
2) Submit copy of budget request for upcoming fiscal year to House and Senate Appropriations Committees 15 days after Governor submits budget to General Assembly
3) Submit annually to Professional Licensure Committee of House of Representatives and Consumer Protection and Professional Licensure Committee of the Senate a report of complaints received, status of cases, board action, and time from initial compliant to board resolution
Qualifications for license
1) Acceptable moral character
2) Graduate of an accredited doctoral program (Ph.D., Psy.D., or Ed.D.) or an accredited doctoral program in a related field with at least 2 years of supervised experience
3) Passed examinations
4) Paid all appropriate fees
5) Not committed a felony unless a) at least 10 years since conviction, significant progress in personal rehabilitation, c) otherwise satisfies qualifications
6) Submits affidavit of verity of application
7) If fail exam, can take a 2nd time with additional fee. Board can adopt regulations if 2 failed exams
Refusal, suspension, or revocation of license
1) Failure to meet qualifications/standards
2) Misleading, deceptive, untrue, or gradual ant representations of practice of psychology
3) Fraud or deceit in obtaining license
4) Gross incompetence, negligence, or misconduct in practice
5) False or deceptive biennial registration
6) Conviction of any felony or a misdemeanor in practice of psychology
7) License suspended, refused, revoked, by any other licensing authority
8) Unable to practice with reasonable skill and safety due to illness, drugs/alcohol, or because of a mental or physical condition
9) Violation of lawful regulations of board
10) Knowingly helping an unlicensed person to practice psychology (not students or trainees)
11) Immoral or unprofessional conduct (actual injury need not be established)
12) Soliciting to perform professional services in any direct, in-person, or uninvited means
13) Failure to perform statutory obligations
14) Intentionally submitting claim for a service/treatment not actually provided
15) Failure to maintain professional records in accordance with regulations of board
Actions of board when applicant or licensee may be refused, revoked, restricted, or suspended
1) Deny application
2) Public reprimand
3) Revoke, suspend, limit, or restrict license
4) Require licensee to submit to care, counseling, or treatment by a psychologist or physician designated by board
5) Suspend enforcement of findings and place licensee on probation with right to vacation probationary order for noncompliance
6) Restore suspended license and impose any disciplinary or corrective measures originally imposed
7) Other actions deemed proper, including precluding a suspended licensee from engaging in counseling or any other form of mental health practice
Immediate and clear danger to public health and safety
Board shall temporarily suspend license, followed by formal action to suspend, revoke, or restrict license. Preliminary hearing occurs within 30 days of temporary suspension. Licensee may be present and be represented by legal counsel. If no prima facile case, license immediately restored. Otherwise, temporary suspension remains in affect until vacated by board, but no longer than 180 days
Legal commitment to an institution due to mental incompentence under controlled substance, drugs, device, and cosmetic act
Immediate suspension of license. Restoration as provided by act for revocation and suspension of license.
Must be reported to board on biennial renewal.
Disciplinary action taken in any other state, territory, or country must be reported to board at biennial renewal or within 90 days, whichever is soonest. Other licensing boards will be notified by state board of any disciplinary actions.
Penalties and Injunctions against Lawful Practice
1) Engaging or offering to engage in psychological practice without a license - 1st offense is misdemeanor, fine up to $1000, no more than 6 months imprisonment; each additional offense fine up to $2000 and 6-12 mo imprisonment
2) Board can levy a penalty of up to $1000 for any violation of act; accused party has opportunity for hearing
3) Unlawful to practice without a current, valid license. Doing so is subject to penalty; no requirement of injury.
1) Board can issue subpoenas, upon application of attorney responsible for representing Commonwealth in disciplinary matters before board, for purpose of investigating alleged violations of disciplinary provisions of board. Includes witnesses, books, records, papers, and documents. Patient records may NOT be subpoenaed without consent or court order.
2) Attorney representing Commonwealth notifies board immediately upon receiving notification of alleged violation.
3) Board maintains current records of all reports and periodically reviews records
Board can grant license without examination to applicant who holds a valid license or certificate in another state, if requirements of such license are substantially equivalent to PA
Renewals, feeds, and records
Biennial renewal, board decides fees and CEUs; cannot include classes in office management or practice building. Record of all practicing psychologist is kept by board,
Reinstatement of license
Revoked licenses will not be reinstated by board unless ordered to do so by a PA court or appeal therefrom. Otherwise can apply for reinstatement after 5 years.
Surrender of revoked or suspended license
Licensee must surrender license to board as directed. Failure to do so is a misdemeanor in the 3rd degree.
Impaired professional - professional consultant
Appointed by board, acts as liaison between board and treatment programs for drugs, alcohol, psychological counseling, and impaired professional groups approved by the board and who provide services to impaired licensees.
Impaired professional - defer and dismiss corrective action
Board may do so as long as the professional is progressing satisfactorily in an approved treatment program (does not apply if criminal charges); treatment programs can communicate with board liaison
Impaired professional - enrollment in approved treatment program
Suspension or revocation of license may be stayed for length of time professional is in program and making satisfactory progress, complies with terms of agreement, and adheres to any limitations imposed on practice. Failure to enter into such an agreement disqualifies licensee from impaired professional program.
Impaired professional - lack of progress
Consultant shall disclose to board all information about impairment and the board will institute proceedings to determine whether to continue to stay revocation/suspension or enforce it.
Impaired profession - disclosure by approved program provider
No civil liability for disclosure or consequences