Professional Psychologists Practice Act

Question 1

Declaration of policy

Answer 1

Protect the public from unprofessional, improper, and unqualified practice and from unprofessional conduct by licensed persons

Question 2

State board of psychology consists of…

Answer 2

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

Question 3

Term of board members

Answer 3

4 years or until a successor has been appointed

No member can serve more than 2 consecutive terms

Question 4

Quorum

Answer 4

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.

Question 5

Board officers

Answer 5

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

Question 6

Per dime

Answer 6

$60 for each member of the board except for the Commissioner. Members also receive reasonable amount for travel, hotel, and other expenses

Question 7

Sunset Act

Answer 7

Board subject to evaluation, review, and termination within the time and manner provided

Question 8

Forfeit of board seat

Answer 8

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

Question 9

Board meets

Answer 9

6 times a year and additionally as needed

Question 10

Powers of the board

Answer 10

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

Question 11

Fees, fines, and civil penalties

Answer 11

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

Question 12

Reports of the Board

Answer 12

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

Question 13

Qualifications for license

Answer 13

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

Question 14

Refusal, suspension, or revocation of license

Answer 14

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

Question 15

Actions of board when applicant or licensee may be refused, revoked, restricted, or suspended

Answer 15

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

Question 16

Immediate and clear danger to public health and safety

Answer 16

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

Question 17

Legal commitment to an institution due to mental incompentence under controlled substance, drugs, device, and cosmetic act

Answer 17

Immediate suspension of license. Restoration as provided by act for revocation and suspension of license.

Question 18

Multiple licensure

Answer 18

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.

Question 19

Penalties and Injunctions against Lawful Practice

Answer 19

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.

Question 20

Subpoenas

Answer 20

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

Question 21

Out-of-State Licensing

Answer 21

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

Question 22

Renewals, feeds, and records

Answer 22

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,

Question 23

Reinstatement of license

Answer 23

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.

Question 24

Surrender of revoked or suspended license

Answer 24

Licensee must surrender license to board as directed. Failure to do so is a misdemeanor in the 3rd degree.

Question 25

Impaired professional - professional consultant

Answer 25

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.

Question 26

Impaired professional - defer and dismiss corrective action

Answer 26

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

Question 27

Impaired professional - enrollment in approved treatment program

Answer 27

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.

Question 28

Impaired professional - lack of progress

Answer 28

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.

Question 29

Impaired profession - disclosure by approved program provider

Answer 29

No civil liability for disclosure or consequences

Question 30

Impaired profession - responsibility of hospital, health care facility, peer or colleague

Answer 30

If has substantial evidence of active addictive disease which is untreated, diverting controlled substances, or is mentally or physically incompetent to carry out duties of license, shall report to the board. Any person or facility acting in treatment capacity is exempt from mandatory reporting. Any person or facility who provides report in good faith and without malice is immunize from civil or criminal liability. Failure to provide a report can lead to a fine of up to $1000, levied only after affording accused party opportunity for a hearing.