R.A. No. 10029: Philippine Psychology Act of 2009 PDF

Today is Monday, September 30, 2024 (c) "Psychologist" means a natural person who is duly registered and holds a valid certificate of registration...

Today is Monday, September 30, 2024 (c) "Psychologist" means a natural person who is duly registered and holds a valid certificate of registration and a valid professional identification card as professional psychologist, issued by the Professional Regulatory Board of Psychology and the Professional Regulation Commission pursuant to this Act for the purpose of delivering the different psychological services defined in this Act. (d) "Psychometrician" means a natural person who holds a valid certificate of registration and a valid professional identification card as psychometrician issued by the Professional Regulatory Board of Psychology and the Professional Regulation Commission pursuant to this Act. As such, he/she shall be authorized to do any of the following: Provided, That such shall at all times be conducted under the supervision of a licensed professional psychologist: (1) administering and scoring of objective personality tests, structured personality tests, excluding projective tests and other higher level forms of psychological tests; (2) interpreting results of the same and preparing a written report on these results; and (3) conducting Fourteenth Congress preparatory intake interviews of clients for psychological invention sessions. Third Regular Session ARTICLE IV PROFESSIONAL REGULATORY BOARD OF PSYCHOLOGY Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine. Section 4. Creation and Composition of the Professional Regulatory Board of Psychology. - There is hereby created REPUBLIC ACT No. 10029 a Professional Regulatory Board of Psychology, hereinafter called the Board, a collegial body under the administrative control and supervision of the Professional Regulation Commission, hereinafter referred to as the AN ACT TO REGULATE THE PRACTICE OF PSYCHOLOGY CREATING FOR THIS PURPOSE A Commission, which shall be composed of a Chairperson and two (2) members appointed by the President of the PROFESSIONAL REGULATORY BOARD OF PSYCHOLOGY, APPROPRIATING FUNDS THEREFOR AND FOR Philippines from a list of three (3) nominees for each position. The list of nominees shall be submitted to the OTHER PURPOSES Commission by the integrated and accredited national organization of psychologists. The Board shall be organized not later than sixty (60) days from the effectivity of this Act. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 5. Qualification of the Chairperson and the Members of the Professional Regulatory Board of Psychology. - ARTICLE I The Chairperson and members of the Board shall, at the time of their appointment and for the course of their term, TITLE possess the following qualifications: Section 1. Title. - This Act shall be known as the "Philippine Psychology Act of 2009". (a) A natural born citizen and resident of the Philippines; ARTICLE II (b) At least thirty-five (35) years of age; STATEMENT OF POLICY (c) Possess good moral character; Section 2. Statement of Policy. - The State recognizes that psychologists have an important role in nation-building and development. It also acknowledges the diverse specializations of psychologists and the diverse functions (d) Hold a doctorate degree in psychology conferred by a university, college or school in the Philippines or specific to the varied specializations. It particular, it recognizes the significance of the psychological services that board duly recognized and/or accredited by the Commission on Higher Education (CHED); practicing psychologists provide to diverse types of clients, but also recognizes the need to protect the public by preventing inexperienced or untrained individuals from offering psychological services. Hence, it shall nurture (e) Have at least ten (10) years of practice in psychology and psychometrics in a duly recognized institution, competent, upright and assiduous psychologists whose standards of practice and service shall be excellent and clinic or center, as well as at least (5) years of teaching experience in the field of psychology; globally competitive through the administration of inviolable, effective and credible licensure examinations and the imposition and promotion of regulatory measures, programs and activities that enhance their professional growth (f) Be a registered and licensed psychologists, except in the case of the first members of the Board who shall and well-being. automatically be conferred a valid certificate of registration and a valid professional identification card in psychology and psychometrics upon appointment to the Board; ARTICLE III DEFINITION OF TERMS (g) Is neither an officer, trustee nor member of the faculty of any university, college, institute or school where a regular course in psychology is offered or taught or review classes conducted and shall not have any Section 3. Definition of Terms. - As used in this Act, the following terms shall have the following meanings: pecuniary interest, direct or indirect, in any such institution; (a) "Psychology" is the scientific study of human behavior. It involves the application of scientific methods to (h) Is not an officer, nor hold any position other than being a member of the integrated and accredited national inquire into the biological, cognitive, affective, developmental, personality, social, cultural and individual organization of psychologists; and difference dimensions of human behavior. (i) Shall not have been convicted of any crime involving moral turpitude. (b) "Practice of Psychology" consists of the delivery of psychological services that involve application of psychological principles and procedures for the purpose of describing, understanding, predicting and Section 6. Term of Office. - The members of the Board shall hold office for a term of three influencing the behavior of individuals or groups, in order to assist in the attainment of optimal human growth and functioning. The delivery of psychological services includes, but is not limited to: (1) psychological (3) years or until their successors shall have been appointed and duly qualified. Each member of the Board may be interventions: psychological counseling, psychotherapy, psychosocial support, coaching, psychological reappointed for one (1) full term of three (3) years. The first members of the Board shall hold office for the following debriefing, group processes and all other psychological interventions that involve the application of terms: the Chairperson for three (3) years; one (10 member for two (2) years; and the other member for one (1) psychological principles to improve psychological functioning of individuals, families, groups and year, which shall be specified in their respective appointments. Any vacancy occurring within the term of a member organizations; (2) psychological assessment: gathering and integration of psychology-related data for the shall be filled for the unexpired portion of the term only. Each member of the Board shall qualify by taking the proper purpose of making a psychological evaluation, accomplished through a variety of tools, including individual oath prior to the performance of his/her duties. tests, projective tests, clinical interview and other psychological assessment tools, for the purpose of assessing diverse psychological functions including cognitive abilities, aptitudes, personality characteristics, Section 7. Powers and Duties. - The Board shall have the following powers and duties: attitudes, values, interests, emotions and motivations, among others, in support of psychological counseling, psychotherapy and other psychological interventions; and (3) psychological programs: development, (a) Administer and implement the provisions of this Act and promulgate as well as revise or update, as planning, implementation, monitoring and evaluation of psychological treatment for individuals and/or groups. necessary, rules and regulations, resolutions and guidelines hereto: Provided, That the policies, resolutions,  rules and regulations issued or promulgated by the Board shall be subject to review and approval of the Section 12. Qualifications of Applicants for the Licensure Examination for Psychologists. - Any person may apply to Commission; take examination for registration and licensure as a psychologist after furnishing evidence satisfactory to the Board that the applicant: (b) Supervise and monitor the registration, licensure and practice of psychologists and Psychometricians in the Philippines; (a) Is a Filipino citizen, a permanent resident or a citizen of a foreign state/country which extends reciprocity to the Philippines relative to the practice of the profession; (c) Administer oaths in connection with the administration of this Act; (b) Holds at least a master's degree in psychology conferred by a university, college or school in the (d) Issue, and upon compliance with due process requirements, suspend or revoke, and/or reinstate, the Philippines or abroad recognized/accredited by the CHED and has obtained sufficient credits for the subjects certificate of registration and professional identification card for psychologists and psychometricians; covered in the examinations; (e) Adopt an official seal of the Board; (c) Has undergone a minimum of two hundred (200) hours of supervised practicum/internship/clinical experience related to services enumerated in paragraph (b) of Section 3 of this Act and under the auspices of (f) Monitor the conditions and circumstances affecting the practice of psychology and psychometrics in the a licensed psychologist or other licensed mental health professional; Philippines and adopt such measures as may be deemed lawful and proper for the enhancement and maintenance of high professional, ethical and technical standards of the profession; (d) Is of good moral character; and (g) Issue permits to and exercise visitorial powers over agencies, institutions, associations and partnerships (e) Has not been convicted of an offense involving moral turpitude. to verify that the persons practicing psychology and psychometrics therein are psychologists and psychometricians with valid certificates of registration and valid professional identification cards, and that they Section 13. Qualifications of Applicants for the Licensure Examination for Psychometricians. - Any person may possess the necessary accreditation, skills and/or facilities to competently carry out their functions; apply to take the examination for registration and licensure as a psychometrician by furnishing evidence satisfactory to the Board that the applicant: (h) Assist the Commission in the formulation and implementation of the guidelines on continuing professional education for psychologists and psychometricians; (a) Is a Filipino citizen, a permanent resident or a citizen of a foreign state/country which extends reciprocity to the Philippines relative to the practice of the profession; (i) Ensure, in coordination with the CHED, that all educational institutions offering the course/program of psychology strictly comply with the policies, standards and requirements prescribed by the CHED for such (b) Holds at least a bachelor's degree in psychology conferred by a university, college or school in the course/program, especially in the areas of administration, curriculum, faculty, library and facilities; Philippines or abroad recognized/accredited by the CHED and has obtained sufficient credits for the subjects covered in the examinations; (j) Prepare, adopt, issue and amend, in consultation with the CHED, syllabi for the licensure examination subjects; (c) Is of good moral character; and (k) Investigate and, when warranted, her administrative cases involving violations of this Act, its implementing (d) Has not been convicted of an offense involving moral turpitude. rules and regulations as hereinafter promulgated, and any applicable code of ethics and/or code of professional standards. For this purpose, it may issue subpoena testificandum and subpoena duces tecum to Section 14. Examination Subjects for Psychologists. - The licensure examination for psychologists shall cover the secure the appearances of witnesses and the production of documents in connection therewith: Provided, following subjects: That the Board's decision, resolution or orders rendered in administrative cases shall be subject to review only on appeal; and (a) Advanced Theories of Personality; (l) Perform such other functions and duties as may be lawfully delegated to it, or as it may deem necessary to (b) Advanced Abnormal Psychology; carry out the objectives of this Act. (c) Advanced Psychological Assessment; and Section 8. Compensation and Allowances. - The Chairperson and members of the Board shall receive the same compensation and allowances as those received by the Chairperson and members of the existing regulatory boards (d) Psychological Counseling and Psychotherapy. under the Commission, as provided in the charter of the Commission and in the General Appropriations Act. Section 15. Examination Subjects for Psychometricians. - The licensure examinations for psychometricians shall Section 9. Removal or Suspension of Members of the Professional Regulatory Board of Psychology. - Any member cover the following subjects: of the Board may, upon the recommendation of the Commission, upon observance of due process and completion (a) Theories of Personality; of the proper investigation, be suspended or removed by the President from office for cause, such as gross neglect of duty, incompetence, malpractice, behavior unbecoming of a psychology professional, immorality, unethical or (b) Abnormal Psychology; dishonorable conduct, final conviction of any crime involving moral turpitude, any act of grant and corruption, and participation in the manipulation of or any dishonesty relative to the licensure examinations and/or the registration (c) Industrial Psychology; and process. (d) Psychological Assessment. Section 10. Administrative Supervision over the Board, Custodian of its Records, Secretariat and Support Services. - The Board shall be under the administrative supervision and control of the Commission. All records of the Board, The Board may recluster, rearrange, modify, add or exclude and prescribed subjects for psychologists and including documents relative to the licensure examinations as well as administrative and other investigative cases psychometricians as the need arises. conducted by the Board, shall be kept in the custody of the Commission. The Commission shall designate the Secretary of the Board and shall provide the secretariat with necessary support services to effectivity implement the Section 16. Registration Without Examination for Psychologists. - A person who possesses the qualifications provisions of this Act. required to take the examination for registration as a psychologist pursuant to the provisions of this Act may be registered without examination: Provided, That the applicant files with the Board within three (3) years after its ARTICLE V creation an application for registration and issuance of certificate of registration and professional identification card LICENSURE EXAMINATIONS by submitting credentials satisfactory to the Board that the applicant had, on or prior to the effectivity of this Act, fulfilled the requirements under either subparagraphs (a), (b) or (c) herein: Section 11. Examinations Required. - All applicants for registration to practice psychology and psychometrics shall be required to pass a licensure examination for psychologists and psychometricians to be conducted by the Board in (a) Obtained a doctoral degree in psychology and had accumulated three (3) years of work experience in the such places and dates, and subject to such requirements prescribed by the Commission. practice of psychology;  (b) Obtained a master's degree in psychology and accumulated a minimum of five (5) years of work (c) Allows Filipino citizens to practice the same after an examination on terms of strict and absolute equality experience in the practice of psychology; with nationals of said country. (c) Psychologists or employees who hold positions as psychologists presently employed in various Section 25. Practice through Special/Temporary Permit. - Special/temporary permits may be issued by the Board, government or private agencies, who have a bachelor's degree in psychology, accumulated a minimum of ten subject to the approval by the Commission and payment of appropriate fees, to the following persons: (10) years of work experience in the practice of psychology as a psychologist, and who have updated their professional education in various psychology-related functions. (a) Licensed psychologists or psychometricians from foreign countries/states who are internationally acknowledged specialists or outstanding experts in psychology or psychometrics: Provided, That their Section 17. Registration Without Examination for Psychometricians. - A person who possesses the qualifications services are important and necessary either due to the lack or inadequacy of available local specialists or required to take the examination for registration as a psychometrician may be registered without examination: experts or in recognition of their potential contribution to the promotion and advancement of the practice of Provided, That the applicant files with the Board within three (3) years after its creation an application for registration psychology of psychometrics through transfer of technology; and issuance of a certificate of registration and professional identification card by submitting credentials satisfactory to the Board that the applicant before the effectivity of this Act had obtained a bachelor's degree in psychology and (b) Licensed psychologists or psychometricians from foreign countries/states whose services shall be free had accumulated a minimum of two (2) years full time work experience in the practice of psychometrics. and offered exclusively to indigent patients in a particular hospital, center or clinic; and Section 18. Ratings in the Examination. - To be qualified as having passed the licensure examination for (c) Licensed psychologists or psychometricians from foreign countries/states employed as exchange psychologists and psychometricians, a candidate must have obtained a weighted general average of at least professors to teach psychology or psychometrics in schools, colleges, universities offering psychology or seventy-five percent (75%) for all subjects, with no grade lower than sixty percent (60%) in any given subject. An psychometrics courses or programs. examine who obtains a weighted general average of seventy-five percent (75%) or higher but obtains a rating below sixty percent (60%) in any given subject may retake such subjects within the next two (2) years, and upon obtaining The permit shall detail the conditions thereof which shall, among other things, include the effectivity period of not a rating of at least seventy-five percent (75%) in each such subject, shall then be deemed to have passed the more than one (1) year subject to renewal and the specific place of practice such as the clinic, hospital, center, licensure examination. school, college, university offering the course of psychology or psychometrics. The Board, subject to the approval by the Commission, shall prescribed rules and regulations on the implementation of this particular section. Section 19. Report of Ratings. - The Board shall submit to the Commission an official report detailing the ratings obtained by each examine within ten (10) calendar days after the examination, unless such period is extended for Section 26. Suspension or Revocation of Certificate of Registration and Professional Identification Card or just cause. Cancellation of a Special/Temporary Permit. - The Board shall have the power, after notice and hearing, to suspend or revoke the certificate of registration and professional identification card or to cancel special/temporary permits ARTICLE VI granted pursuant to this Act on any ground set forth in Section 33 of this Act or any of the instances hereunder: REGISTRATION (a) Procurement of a certificate of registration and/or professional identification card or special/temporary Section 20. Oath of Psychologists and Psychometricians. - All successful examines qualified for registration and all permit by fraud or deceit; qualified applicants for registration without examination shall be required to take an oath to uphold the profession before any member of the Board or any officer of the Commission authorized to administer oaths, prior to entering (b) Allowing an unqualified person to advertise or to practice the profession by using one's certificate of into the practice of psychology or psychometrics in the Philippines. registration or professional identification card or special/temporary permit; Section 21. Issuance of Certificate of Registration and Professional Identification Card. - A certificate of registration (c) Violating or conspiring to violate any of the provisions of this Act, its implementing rules and regulations, and professional identification card shall be issued to all successful examines and registrants without examination the code of ethics or code of professional standards promulgated hereinafter by the Board; upon compliance with all the legal requirements, including payment of fees, prescribed by the Commission. The certificate of registration shall bear the signature of the Chairperson of the Commission and members of the Board, (d) Manifest physical or mental incompetence to render psychological services with reasonable skill and indicating that the person named therein is entitled to practice the profession with all the privileges and concomitant safety to his/her clients/patients; responsibilities appurtenant thereto. The said certificate shall remain in full force and effect until suspended in (e) Professional misconduct or negligence in the performance of duties as a psychometrician; and accordance with this Act. A professional identification card bearing the registration number, date of issuance and validity term of three (3) years, duly signed by the Chairperson of the Commission, shall likewise be issued to every (f) Engaging in the practice of the profession during the period of one's suspension. registrant who has paid the prescribed registration fee. Upon expiration of the professional identification card, the psychologist and psychometrician may renew the same upon proof of compliance with continuing education Section 27. Reinstatement. - A psychologist or psychometrician whose certificate of registration has been revoked requirements prescribed by the Board and/or the Commission. may apply to the Board for reinstatement at any time after two (2) years from the date of revocation of said certificate. The application shall be in writing and shall conform to requirements hereinafter prescribed by the Board. Section 22. Disclosure of Registration Information. - The psychologist or psychomitrician shall be required to No certificate of registration or professional identification card or special/temporary permit shall be reinstated unless indicate his/her registration and professional identification card number and date of issuance, the duration of validity, the Board is satisfied that a good cause exists to warrant such reinstatement. Issuance of a new certificate of including the professional tax receipt number on each document signed, used or issued in connection with the registration or professional identification card or special/temporary permit in lieu of one that has been lost, destroyed practice of his/her profession. or mutilated shall be subject to applicable rules prescribed by the Commission. Section 23. Non-issuance of Certificate of Registration and Professional Identification Card. - The Board shall not Section 28. Appeal from Judgement. - The decision of the Board shall ipso facto become final fifteen (15) days from register nor issue a certificate of registration or professional identification card to any person convicted of a criminal receipt of the decision by the respondent unless an appeal has been filed with the Commission within the same offense involving moral turpitude, has been found guilty by a judicial or other duly constituted tribunal of immoral or period. The Commission's decision on appeal may be further appealed before the Court Appeals within fifteen (15) dishonorable conduct, or has been medically diagnosed to be of unsound mind. In the event of non-issuance of the days from receipt thereof. certificate for any reason, the Board shall furnish the applicant a written statement setting forth the reasons for such denial, which statement shall be incorporated to the records of the Board. Section 29. Rights of the Respondent. - The respondent psychologist or psychometrician shall have the right to be represented by counsel at all stages of the proceedings as well as to speedy disposition of his/her case. He/She Section 24. Foreign Reciprocity. - No foreigner shall be admitted to the psychology or psychometrics licensure shall have the right to confront witnesses against him/her in addition to such other rights guaranteed by the examinations unless he/she proves that the country of which he/she is a citizen either: Constitution. (a) Admits Filipino citizens to the practice of psychology or psychometrics without need for registration and ARTICLE VII issuance of a certificate of registration/professional identification card; PRIVILEDGED COMMUNICATION AND PROFESSIONAL INTEGRATION (b) Allows Filipino citizens to practice psychology or psychometrics without restriction; or Section 30. Rights to Privilege Communication for Psychologists and Psychometricians. - A psychologists or psychometrician cannot, without the consent of the client/patient, be examined on any communication or information disclosed and/or acquired in the course of giving psychological services to such client. The protection accorded General Appropriations Act. herein shall extend to all pertinent records and shall be available to the secretary, clerk or other staff of the licensed psychologist or psychometrician. Any evidence obtained in violation of this provision shall be inadmissible for any Section 38. Implementing Rules and Regulations. - Within ninety (90) days after the constitution of the Board, it purpose in any proceeding. shall promulgated the necessary implementing rules and regulations, subject to approval of the Commission, to implement the provisions of this Act. Section 31. Integration of the Profession. - The profession shall hereinafter be integrated by consolidating all practitioners into one (1) national organization of registered and licensed psychologists and psychometricians, which Section 39. Separability Clause. - If any provision of this Act shall at any time be found to be unconstitutional or shall be recognized and accredited by the Board, subject to approval of the Commission. A psychologist or invalid, the remainder thereof not affected by such declaration shall remain in full force and effect. psychometrician duly registered and licensed by the Board and the Commission shall automatically become a member of said organization and shall receive the benefits and privileges, as well as be subject to all responsibilities Section 40. Repealing Clause. - All laws, decrees, rules or regulations inconsistent with the provisions of this Act and obligations, appurtenant thereto upon payment of the required fees and dues. Membership in the integrated are hereby repealed or modified accordingly. organization shall not be a bar to membership in any other association of psychologists and/or psychometricians. Section 41. Effectivity. - This Act shall take effect after fifteen (15) days following its complete publication in two (2) 1avvphi1 Section 32. Code of Ethics and Code of Practice for Psychologists and Psychometricians. - The Board shall adopt newspapers of general circulation. and promulgated the Code of Ethics and Code of Practice for Psychometricians prescribed and issued by the accredited professional organization of psychologists. Approved, ARTICLE VIII PROHIBITED ACTS, PENALTIES AND ENFORCEMENT OF THIS ACT (Sgd.) PROSPERO C. NOGRALES (Sgd.) JUAN PONCE ENRILE Speaker of the House of Representatives President of the Senate Section 33. Prohibited Acts. - (a) No person shall: This Act which is a consolidation of Senate Bill No. 3498 and House Bill No. 6512 was finally passed by the Senate (1) Engage in the professional practice of psychology or psychometrics nor represent himself/herself as and the House of Representatives on December 14, 2009 and December 16, 2009, respectively. a professional practicing psychologist or psychometrician without a valid certificate of registration or valid professional identification card, or a valid special/temporary permit granted by the Board pursuant to this Act; (Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES Secretary General Secretary of Senate (2) Represent himself/herself to be a licensed and authorized practicing psychologist or House of Represenatives psychometrician during the time that his/her certificate of registration has been suspended or revoked or professional identification card without being renewed, or special/temporary permit cancelled; Approved: March 16, 2010 (3) Allow any other person to use his/her certificate of registration and professional identification card or special/temporary permit for any purpose, regardless of whether such enables the unqualified (Sgd.) GLORIA MACAPAGAL-ARROYO individual to engage in the practice of psychology or psychometrics; President of the Philippines (4) Use, exhibit and/or misrepresent as his/her own the certificate of registration and/or professional identification card or special/temporary permit of another; and The Lawphil Project - Arellano Law Foundation (5) Give any false, inaccurate, misleading or incomplete information to the Board on order to obtain a certificate of registration or professional identification card or special/temporary permit. (b) No corporation, partnership, association or entity shall operate a psychology or psychometrics office, center, clinic or otherwise engage in the practice or allow the practice of psychology or psychometrics within its premises without securing a permit therefor from the Board. Such permit shall be issued only after the Board is satisfied that such establishment is competently staffed by a psychologist and equipped with sufficient and adequate psychology-related instruments and facilities. (c)A violation of any provision of this Act or of its implementing rules and regulations shall be penalized accordingly. Section 34. Penalties. - Any person who violates any provision of this Act implementing rules and regulations shall be punished with imprisonment of not less than six (6) months but not more than three (3) years, or a fine of not less than Ten thousand pesos (P10,000.00) but not more than One hundred thousand pesos (P100,000.00), or both, at the discretion of the court. Section 35. Injunction. - The Board may initiate action to enjoin, restrain, and/or prosecute any individual, corporation, association, partnership or entity engaging in the practice of psychology and psychometrics in violation of this Act. Section 36. Enforcement. - It shall be the duty of all duly constituted law enforcement agencies and officers of national, provincial, city or municipal governments to uphold and enforce the provisions of this Act and to investigate and prosecute or cause the investigation and prosecution of any person violating the same. ARTICLE IX MISCELLANEOUS PROVISIONS Section 37. Funding Provision. - The Chairperson of the Commission shall immediately hereinafter include in the Commission's programs the prompt implementation of this Act, funding of which shall be provided for in the annual