Pennsylvania Code - Psychology Practice Act PDF

7/15/24, 11:42 AM Pennsylvania Code Close Window CHAPTER 41. STATE BOARD OF PSYCHOLOGY GENERAL Sec. 41.1. Definition...

7/15/24, 11:42 AM Pennsylvania Code Close Window CHAPTER 41. STATE BOARD OF PSYCHOLOGY GENERAL Sec. 41.1. Definitions. 41.2. Applicability of general rules. 41.3. Licensee’s change of name or address; service of process and legal papers. 41.4. Board address. 41.7. Qualified members of other recognized professions—statement of policy. 41.8. Department of Health licensing of substance abuse services provided by psychology practices—statement of policy. LICENSES 41.11. Licenses. 41.12. Fees. 41.13. Reactivation of licensure. PROFESSIONAL CORPORATIONS AND FICTITIOUS NAMES 41.26. Professional corporations. 41.27. Fictitious names. QUALIFICATIONS 41.30. Qualifications and documentation necessary for licensure. 41.31. Educational qualifications. 41.32. Experience qualifications. 41.33. Supervisors. EXAMINATIONS 41.41. Examinations. 41.42. Reexamination. 41.43. Waiver of examination. about:blank 1/57 7/15/24, 11:42 AM Pennsylvania Code MISCELLANEOUS 41.51. Areas of acceptable practice. 41.52. Persons licensed in other states. 41.52a. Licensure by endorsement. 41.52b. Provisional endorsement license. 41.53. Adoption of Board procedures. 41.54. [Reserved]. 41.55. Communications to and from the Board. 41.56. Private practice by certified school psychologists. 41.57. Professional records. 41.58. Standards for the employment and supervision of unlicensed persons with graduate training in psychology. 41.59. Continuing education. CODE OF ETHICS 41.61. Code of ethics. CHILD ABUSE REPORTING REQUIREMENTS 41.71. Suspected child abuse—mandated reporting requirements. 41.72. Photographs, medical tests and X-rays of child subject to report. 41.73. Suspected death as a result of child abuse—mandated reporting requirement. 41.74. Immunity from liability. 41.75. Confidentiality—waived. 41.76. Noncompliance. 41.77. Child abuse recognition and reporting—mandatory training requirement. 41.78. Child abuse recognition and reporting course approval process. SEXUAL INTIMACIES 41.81. Prohibited conduct. 41.82. Former sexual partners as client/patients. 41.83. Sexual intimacies with a former client/patient, or an immediate family member of a former client/patient. 41.84. Disciplinary proceedings. 41.85. Impaired professional program. NOTICE REQUIREMENTS 41.91. Reporting of crimes and disiplinary actions. 41.92. Notice of active suspension or revocation. Authority The provisions of this Chapter 41 issued under section 506 of The Administrative Code of 1929 (71 P.S. § 186); and section 5 of the Professional Psychologists Practice Act (63 P.S. § 1205) about:blank 2/57 7/15/24, 11:42 AM Pennsylvania Code (Repealed), unless otherwise noted. Law Reviews 1994 Regulatory Review: Final Regulations of 1994, 4 Widener J. Public L. 917 (1995). Cross References This chapter cited in 49 Pa. Code § 23.34 (relating to professional corporations); 49 Pa. Code § 25.214 (relating to corporate practice and fictitious names); 49 Pa. Code § 29.27 (relating to permitted business practices); and 49 Pa. Code § 47.21 (relating to professional corporations). GENERAL § 41.1. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: APA—American Psychological Association. ASPPB—Association of State and Provincial Psychology Boards. Accredited college or university—An institution which is recognized as an institution of higher education under 22 Pa. Code (relating to education) or which is accredited by a regional accrediting association recognized by the Commission on Recognition of Postsecondary Accreditation (CORPA). Accredited hospital—A facility which is recognized as a hospital under 28 Pa. Code (relating to health and safety), or which is defined as a health care facility in section 103 of the Health Care Facilities Act (35 P.S. § 448.103). Act—The Professional Psychologists Practice Act (63 P.S. § § 1201—1218). Board—The State Board of Psychology of the Commonwealth. Bodily injury—Impairment of physical condition or substantial pain. Bureau—The Bureau of Professional and Occupational Affairs of the Department of State of the Commonwealth. CPA—Canadian Psychological Association. Child—An individual under 18 years of age. Child abuse—Intentionally, knowingly or recklessly doing any of the following: (i) Causing bodily injury to a child through any recent act or failure to act. (ii) Fabricating, feigning or intentionally exaggerating or inducing a medical symptom or disease which results in a potentially harmful medical evaluation or treatment to the child through any recent act. about:blank 3/57 7/15/24, 11:42 AM Pennsylvania Code (iii) Causing or substantially contributing to serious mental injury to a child through any act or failure to act or a series of these acts or failures to act. (iv) Causing sexual abuse or exploitation of a child through any act or failure to act. (v) Creating a reasonable likelihood of bodily injury to a child through any recent act or failure to act. (vi) Creating a likelihood of sexual abuse or exploitation of a child through any recent act or failure to act. (vii) Causing serious physical neglect of a child. (viii) Engaging in any of the following recent acts: (A) Kicking, biting, throwing, burning, stabbing or cutting a child in a manner that endangers the child. (B) Unreasonably restraining or confining a child, based on consideration of the method, location or duration of the restraint or confinement. (C) Forcefully shaking a child under 1 year of age. (D) Forcefully slapping or otherwise striking a child under 1 year of age. (E) Interfering with the breathing of a child. (F) Causing a child to be present at a location while a violation of 18 Pa.C.S. § 7508.2 (relating to operation of methamphetamine laboratory) is occurring, provided that the violation is being investigated by law enforcement. (G) Leaving a child unsupervised with an individual, other than the child’s parent, who the actor knows or reasonably should have known meets one or more of the following criteria: (I) Is required to register as a Tier II or Tier III sexual offender under 42 Pa.C.S. Chapter 97, Subchapter H (relating to registration of sexual offenders), where the victim of the sexual offense was under 18 years of age when the crime was committed. (II) Has been determined to be a sexually violent predator under 42 Pa.C.S. § 9799.24 (relating to assessments) or any of its predecessors. (III) Has been determined to be a sexually violent delinquent child as defined in 42 Pa.C.S. § 9799.12 (relating to definitions). (IV) Has been determined to be a sexually violent predator under 42 Pa.C.S. § 9799.58 (relating to assessments) or has to register for life under 42 Pa.C.S. § 9799.55(b) (relating to registration). (ix) Causing the death of the child through any act or failure to act. (x) Engaging a child in a severe form of trafficking in persons or sex trafficking, as those terms are defined under section 103 of the Trafficking Victims Protection Act of 2000 (Division A of Pub.L. No. 106-386). ChildLine—An organizational unit of the Department of Human Services, which operates a 24- hour a day Statewide toll-free telephone system for receiving reports of suspected child abuse, about:blank 4/57 7/15/24, 11:42 AM Pennsylvania Code referring reports for investigation and maintaining the reports in the appropriate file. Client—A person, system, organization, group or family for whom a psychologist provides psychological services. Client/patient—A person, system, organization, group or family for whom a psychologist provides psychological services. In the case of individuals with legal guardians, including minors and legally incapacitated adults, the legal guardian shall be the client/patient for decisionmaking purposes. The minor, legally incapacitated adult or other person actually receiving the service shall be the client/patient for issues specifically reserved to the individual, such as confidential communications in a therapeutic relationship and issues directly affecting the physical or emotional safety of the individual, such as sexual or other exploitive dual relationships. Delegated supervisor—A person to whom the primary supervisor has delegated up to 1 hour of the 2 hours of required weekly supervision who holds a current license, certificate or registration from a health related board within the Bureau of Professional and Occupational Affairs or a person who is exempt from licensure under section 3(4)—(8) of the act (63 P.S. § 1203(4)—(8)), who meets the requirements in § 41.33(a) and (b) (relating to supervisors). Doctoral degree in a field related to psychology—A degree awarded upon successful completion of a program which, within 1 year from the award of the doctoral degree, meets one of the following: (i) Is accredited by the APA or the CPA. (ii) Is designated by the ASPPB/National Register Designation Project. (iii) Is offered by a foreign college or university whose standards are equivalent to the ASPPB/National Register Designation Project criteria. Doctoral degree in psychology—A degree awarded upon successful completion of a program in psychology which, within 1 year from the award of the doctoral degree, meets one of the following criteria: (i) Is accredited by the APA or the CPA. (ii) Is designated by the ASPPB/ National Register Designation Project. (iii) Is offered by a foreign college or university whose standards are equivalent to the ASPPB/National Register Designation Project Criteria. Graduate training in psychology—The completion of 15 graduate semester hours in a doctoral degree program in psychology that includes any of the following: (i) Provides in its core program required instruction in ethics, research design and methodology, statistics and psychometrics. In addition, requires students to demonstrate competence in each of the following four substantive content areas (this criterion will typically be met by requiring a minimum of three graduate semester hours in each area): biological bases of behavior—for example, physiological psychology, comparative psychology, neuropsychology, sensation and perception, psycho-pharmacology; cognitive-affective bases of behavior—for example, learning, thinking, motivation, emotion; social bases of behavior—for example, social psychology, group processes, organizational and systems theory; individual differences—for example, human development, personality theory, abnormal psychology. about:blank 5/57 7/15/24, 11:42 AM Pennsylvania Code (ii) Includes supervised practicum, internship, field or laboratory training appropriate to the practice of psychology. (iii) Includes course requirements in specialty areas of psychology. Immediate family member—Parent/guardian, child, sibling, spouse or other family member with whom the client/patient lives. Jurisdiction—A state, territory or country. Mandated reporter—A person who is required under 23 Pa.C.S. § 6311 (relating to persons required to report suspected child abuse) to make a report of suspected child abuse. For purposes of this chapter, the term includes licensed psychologists and psychology students, residents, interns, trainees and other unlicensed individuals with graduate training in psychology who are supervised by licensed psychologists. National Register—The Council for the National Register of Health Service Providers. Parent—A biological parent, adoptive parent or legal guardian. Perpetrator—An individual who has committed child abuse as defined in this section. The following apply: (i) This term includes only the following: (A) A parent of the child. (B) A spouse or former spouse of the child’s parent. (C) A paramour or former paramour of the child’s parent. (D) An individual 14 years of age or older who is a person responsible for the child’s welfare or who has direct contact with children as an employee of child-care services, a school or through a program, activity or service. (E) An individual 14 years of age or older who resides in the same home as the child. (F) An individual 18 years of age or older who does not reside in the same home as the child but is related within the third degree of consanguinity or affinity by birth or adoption to the child. (G) An individual 18 years of age or older who engages a child in severe forms of trafficking in persons or sex trafficking, as those terms are defined under section 103 of the Trafficking Victims Protection Act of 2000. (ii) Only the following may be considered a perpetrator for failing to act, as provided in this section: (A) A parent of the child. (B) A spouse or former spouse of the child’s parent. (C) A paramour or former paramour of the child’s parent. (D) A person responsible for the child’s welfare who is 18 years of age or older. about:blank 6/57 7/15/24, 11:42 AM Pennsylvania Code (E) An individual 18 years of age or older who resides in the same home as the child. Person responsible for the child’s welfare—A person who provides permanent or temporary care, supervision, mental health diagnosis or treatment, training or control of a child in lieu of parental care, supervision and control. Primary supervisor—A currently licensed psychologist having primary responsibility for directing and supervising the psychology resident. Professional relationship—A therapeutic relationship which shall be deemed to exist for a period of time beginning with the first professional contact or consultation between a psychologist and a client/patient and continuing thereafter until the last date of a professional service. If a psychologist sees a client/patient on an intermittent basis, the professional relationship shall be deemed to start anew on each date that the psychologist provides a professional service to the client/patient. Professional setting—A public or private agency or institution or a private practice where the applicant for licensure is supervised as a psychology trainee for the purpose of preparing for the independent practice of psychology and which provides an opportunity for contact with other disciplines and for work with a broad range of client/patients. The agency, institution or private practice shall be responsible for the welfare of and the services to each client/patient of the applicant, for collecting fees for services and for providing easy and continuous access to the supervisor by both the applicant and the applicant’s clients/patients. Program, activity or service—Any of the following in which children participate and which is sponsored by a school or a public or private organization: (i) A youth camp or program. (ii) A recreational camp or program. (iii) A sports or athletic program. (iv) A community or social outreach program. (v) An enrichment or educational program. (vi) A troop, club or similar organization. Psychologist—A person who holds a license issued under the act to engage in the practice of psychology. Psychology intern—A student participating in an internship as part of a doctoral degree program in psychology or a field related to psychology. Psychology resident—An individual who has obtained a doctoral degree and is fulfilling the supervised experience requirement for licensure, or an applicant for licensure who is continuing training under § 41.31(4) (relating to educational qualifications). Psychology trainee—A psychology intern or psychology resident. Recent act or failure to act—An act or failure to act committed within 2 years of the date of the report to the Department of Human Services or county agency. Serious mental injury—A psychological condition, as diagnosed by a physician or licensed psychologist, including the refusal of appropriate treatment, that does one or more of the following: about:blank 7/57 7/15/24, 11:42 AM Pennsylvania Code (i) Renders a child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic or in reasonable fear that the child’s life or safety is threatened. (ii) Seriously interferes with a child’s ability to accomplish age-appropriate developmental and social tasks. Serious physical neglect—Any of the following when committed by a perpetrator that endangers a child’s life or health, threatens a child’s well-being, causes bodily injury or impairs a child’s health, development or functioning: (i) A repeated, prolonged or egregious failure to supervise a child in a manner that is appropriate considering the child’s developmental age and abilities. (ii) The failure to provide a child with adequate essentials of life, including food, shelter or medical care. Sexual abuse or exploitation—Any of the following: (i) The employment, use, persuasion, inducement, enticement or coercion of a child to engage in or assist another individual to engage in sexually explicit conduct, which includes the following: (A) Looking at sexual or other intimate parts of a child or another individual for the purpose of arousing or gratifying sexual desire in any individual. (B) Participating in sexually explicit conversation either in person, by telephone, by computer or by a computer-aided device for the purpose of sexual stimulation or gratification of any individual. (C) Actual or simulated sexual activity or nudity for the purpose of sexual stimulation or gratification of any individual. (D) Actual or simulated sexual activity for the purpose of producing visual depiction, including photographing, videotaping, computer depicting or filming. (ii) Any of the following offenses committed against a child: (A) Rape as defined in 18 Pa.C.S. § 3121 (relating to rape). (B) Statutory sexual assault as defined in 18 Pa.C.S. § 3122.1 (relating to statutory sexual assault). (C) Involuntary deviate sexual intercourse as defined in 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse). (D) Sexual assault as defined in 18 Pa.C.S. § 3124.1 (relating to sexual assault). (E) Institutional sexual assault as defined in 18 Pa.C.S. § 3124.2 (relating to institutional sexual assault). (F) Aggravated indecent assault as defined in 18 Pa.C.S. § 3125 (relating to aggravated indecent assault). (G) Indecent assault as defined in 18 Pa.C.S. § 3126 (relating to indecent assault). (H) Indecent exposure as defined in 18 Pa.C.S. § 3127 (relating to indecent exposure). about:blank 8/57 7/15/24, 11:42 AM Pennsylvania Code (I) Incest as defined in 18 Pa.C.S. § 4302 (relating to incest). (J) Prostitution as defined in 18 Pa.C.S. § 5902 (relating to prostitution and related offenses). (K) Sexual abuse as defined in 18 Pa.C.S. § 6312 (relating to sexual abuse of children). (L) Unlawful contact with a minor as defined in 18 Pa.C.S. § 6318 (relating to unlawful contact with minor). (M) Sexual exploitation as defined in 18 Pa.C.S. § 6320 (relating to sexual exploitation of children). (iii) For the purposes of subparagraph (i), the term does not include consensual activities between a child who is 14 years of age or older and another person who is 14 years of age or older and whose age is within 4 years of the child’s age. Sexual intimacies—Romantic, sexually suggestive, sexually demeaning or erotic behavior. Examples of this behavior include, but are not limited to, sexual intercourse, nontherapeutic verbal communication or inappropriate nonverbal communications of a sexual or romantic nature, sexual invitations, soliciting a date from a client/patient, masturbating in the presence of a client/patient (or encouraging a client/patient to masturbate in the presence of the psychologist), exposure, kissing or hugging, touching, physical contact or self-disclosure of a sexual or erotic nature. Authority The provisions of this § 41.1 amended under section 3.2(1) and (2), 6(a)(2) 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)); 23 Pa.C.S. § 6383(b)(2); and 63 Pa.C.S. § 3111. Source The provisions of this § 41.1 adopted February 6, 1976, effective February 7, 1976, 6 Pa.B. 229; amended March 17, 1978, effective March 18, 1978, 8 Pa.B. 756; amended March 22, 1991, effective March 23, 1991, 21 Pa.B. 1171; amended November 8, 1996, effective November 9, 1996, 26 Pa.B. 5420; amended May 22, 1998, effective May 23, 1998, 28 Pa.B. 2412; amended May 26, 2000, effective May 27, 2000, 30 Pa.B. 2593; corrected December 21, 2001, effective August 1, 1998, 31 Pa.B. 6944; amended June 2, 2006, effective June 3, 2006, 36 Pa.B. 2680; amended June 4, 2010, effective June 5, 2010, 40 Pa.B. 2947; amended January 21, 2022, effective January 22, 2022, 52 Pa.B. 446; amended December 29, 2023, effective December 30, 2023, 53 Pa.B. 8229. Immediately preceding text appears at serial pages (408370) to (408374). Notes of Decisions Competent Medical Evidence A psychologist’s testimony was not competent medical evidence upon which to base a conclusion that appellant’s application for disability benefits should be denied; the phrase ‘‘competent medical evidence’’ requires evidence provided by a licensed physician and not a licensed psychologist. Miller v. Bethlehem City Council, 760 A.2d 446 (Pa. Cmwlth. 2000). Cross References This section cited in 49 Pa. Code § 41.31 (relating to educational qualifications); and 49 Pa. Code § 41.58 (relating to standards for the employment and supervision of unlicensed persons with graduate training in psychology). about:blank 9/57 7/15/24, 11:42 AM Pennsylvania Code § 41.2. Applicability of general rules. Under 1 Pa. Code § 31.1 (relating to scope of part) 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) is applicable to the activities of and proceedings before the Board. Source The provisions of this § 41.2 adopted January 30, 1976, effective January 31, 1976, 6 Pa.B. 161; amended March 17, 1978, effective March 18, 1978, 8 Pa.B. 756. Immediately preceding text appears at serial page (26532). § 41.3. Licensee’s change of name or address; service of process and legal papers. (a) A licensee’s name on file with the Board shall be the name that appears on the license unless that name is legally changed, in which case the licensee shall report the change and the reason therefor to the Board in writing within 10 days. (b) A licensee who changes an address on file with the Board shall notify the Board in writing within 10 days. Licensees who do not comply with this subsection shall bear full responsibility for failure to receive correspondence from the Board, including biennial renewal notifications. (c) A licensee’s most recent name and address on file with the Board shall be deemed the licensee’s official name and address for the purposes of service of process and other legal papers. Authority The provisions of this § 41.3 issued under section 3.2(2) of the Professional Psychologists Practice Act (63 P.S. § 1203.2(2)). Source The provisions of this § 41.3 adopted March 22, 1991, effective March 23, 1991, 21 Pa.B. 1171. § 41.4. Board address. The address of the Board is State Board of Psychology, Post Office Box 2649, Harrisburg, Pennsylvania 17105-2649. Authority The provisions of this § 41.4 issued under section 3.2(2) of the Professional Psychologists Practice Act (63 P.S. § 1203.2(2)). Source The provisions of this § 41.4 adopted March 22, 1991, effective March 23, 1991, 21 Pa.B. 1171. § 41.7. Qualified members of other recognized professions—statement of policy. (a) Background. Section 3(3) of the act (63 P.S. § 1203(3)) provides that ‘‘qualified members of other recognized professions... [may do] work of a psychological nature, consistent with the training and the code of ethics of their respective professions.’’ This policy statement announces the about:blank 10/57 7/15/24, 11:42 AM Pennsylvania Code principles and standards the Board intends to apply when persons alleged to be practicing psychology without a license rely on section 3(3) of the act as exempting them from licensure. (b) Recognized professions. For purposes of deciding whether a given group qualifies as a recognized profession under section 3(3) of the act, the Board will be guided by the criteria in paragraphs (1)—(4). (1) The group’s activity and focus must be based on an identifiable body of theoretical knowledge which, although it may include areas of common knowledge shared with psychology, is demonstrably different, in the aggregate, from the body of theoretical knowledge underlying psychology. (2) The group must regulate entrance into professional membership by means of standards of knowledge, training and proficiency generally accepted by the profession with which it identifies. (3) The group’s activity must be guided by generally accepted quality standards, ethical principles and requirements for an independent profession. (4) The group must exhibit the ordinary accoutrements of a profession, which may include, but are not limited to, professional journals, regional and national conferences, specific academic curricula and degrees, continuing education opportunities, regional and national certification and awards for outstanding practice within the profession. (c) Qualified members. For purposes of deciding whether a person doing work of a psychological nature under section 3(3) of the act is a qualified member of a recognized profession, the Board will consider whether the person is in compliance with the academic, training and proficiency standards of the profession. (d) Scope of practice. For purposes of deciding whether a person doing work of a psychological nature under section 3(3) of the act is practicing only within the scope of the recognized profession, the Board will consider whether the professional activities engaged in are generally accepted within the profession as part of its practice and are consistent with the training and code of ethics of the profession. Notes of Decisions Neuroscience Exception The practice and study of neuroscience meets all of the criteria for recognized exceptions to the licensing requirement. Therefore, the two neuroscientists who administered and interpreted certain tests were not required to be licensed, and it was error to exclude their testimony and grant nonsuit. Ford v. Philadelphia Housing Authority, 789 A.2d 360 (Pa. Cmwlth. 2001); appeal denied 803 A.2d 736 (Pa. 2002); reconsideration denied 885 A.2d 980 (Pa. 2005). Source The provisions of this § 41.7 adopted June 29, 1990, effective June 30, 1990, 20 Pa.B. 3606. § 41.8. Department of Health licensing of substance abuse services provided by psychology practices—statement of policy. (a) Background and purpose. The act authorizes the Board to license psychologists and to regulate the practice of psychology in this Commonwealth. The Department of Health (Department), citing Articles IX and X of the Public Welfare Code (62 P.S. § § 901—1059), and regulations promulgated thereunder at 28 Pa. Code Chapter 709 (relating to standards for licensure of about:blank 11/57 7/15/24, 11:42 AM Pennsylvania Code freestanding treatment facilities), maintains that its licensing and regulatory authority extends to psychology practices that provide services to clients/patients with substance abuse problems. The Board has sought to develop with the Department a joint policy statement accommodating the jurisdictional and public protection interests of each agency. This endeavor has not been successful. Meanwhile, the Board continues to receive inquiries from its licensees in independent practice who have been notified that they must secure an additional license from the Department if they provide substance abuse services. This statement of policy expresses the Board’s position on this matter. It does not represent a reconciliation of views with the Department, nor is it intended to address funding or reimbursement issues. (b) Board Authority. The Board has statutory authority to license, regulate and discipline psychologists in this Commonwealth. Accordingly, the Board regards the following services as exempt from licensure by the Department: (1) Substance abuse services provided by a licensed psychologist functioning as a sole practicioner or by a group practice comprised only of licensed psychologists. Board regulations restrain psychologists from providing professional services unless qualified by education and training. See § 41.51 and Ethical Principle 2 under § 41.61 (relating to areas of acceptable practice; and Code of Ethics). Psychologists who practice outside their areas of competence when providing substance abuse services are subject to disciplinary action by the Board, including the suspension or revocation of licensure. (2) Substance abuse services provided by a psychology practice through a psychology trainee completing the supervised experience requirement for licensure. Board regulations require that the trainee be supervised by a licensed psychologist competent to perform the professional services rendered by the trainee. See § § 41.31 and 41.32 (relating to educational qualifications; and standards for supervisors). Psychologists who fail to meet this requirement when supervising a trainee who provides substance abuse services are subject to disciplinary action by the Board, including the suspension or revocation of licensure. (3) Substance abuse services provided by a psychology practice through an unlicensed employee with graduate training in psychology. Board regulations require that the employee be supervised by a licensed psychologist competent to perform the professional services rendered by the employee. See § 41.58 (relating to standards for the employment and supervision of unlicensed persons with graduate training in psychology). Psychologists who fail to meet this requirement when supervising an unlicensed employee who provides substance abuse services are subject to disciplinary action by the Board, including the suspension or revocation of licensure. Source The provisions of this § 41.8 adopted April 2, 1993, effective April 3, 1993, 23 Pa.B. 1585. LICENSES § 41.11. Licenses. (a) To be considered for admission to the examination provided in the act, an applicant shall first file with the Board or its designee: (1) A completed application form and the application fee. (2) Official transcripts of graduate work from an accredited college or university. about:blank 12/57 7/15/24, 11:42 AM Pennsylvania Code (3) A criminal history records information report completed by the Pennsylvania State Police dated within 90 days of the application. If the applicant resides outside of this Commonwealth, the criminal history report shall be completed by the law enforcement agency responsible for criminal history reports in the jurisdiction where the applicant resides. (4) Child abuse history clearance completed by the Department of Human Services dated within 90 days of the application. (5) An internship verification form and job description. (6) Other forms or materials requested by the Board. (b) An applicant who has demonstrated compliance with the education and experience requirements of the act and § § 41.31 and 41.32 (relating to educational qualifications; and experience qualifications), who has completed the procedures in subsection (a), who has passed the examination provided for in the act and who has satisfied the other qualifications for licensure set out in the act shall be granted a license by the Board. Only the holder of a current license shall have the right and privilege of using the title ‘‘psychologist’’ and of practicing psychology. Other professionals may, however, use official titles and engage in the practice of psychology or do work of a psychological nature insofar as they are excepted from licensure by applicable provisions under section 3 of the act (63 P.S. § 1203). (c) Each licensee is issued a wall certificate indicating initial licensure and a registration packet including a biennial renewal certificate and a wallet-size license card, both of which show the expiration date of the license. Licenses expire on November 30 of each odd-numbered year, regardless of the date of issuance. (d) Licenses are renewable for a 2-year period beginning December 1 of each odd-numbered year. The fee for biennial renewal is set by the Board. See § 41.12 (relating to fees). Late fees as prescribed by the Bureau of Professional and Occupational Affairs Fee Act (63 P.S. § § 1401-101— 1401-501) shall be added to the renewal fees of licensees who do not submit their renewal applications by December 1 of the year of expiration of their licenses. Upon renewing their licenses, licensees receive new biennial renewal certificates and wallet-size license cards which show the next expiration date of the license. These documents are the only evidence of valid, current licensure. (e) Fees as prescribed by the Bureau of Professional and Occupational Affairs Fee Act shall be charged for duplicate wall certificates and biennial renewal documents. Duplicates will be issued only upon submission by the licensee of a notarized statement specifying that the original has been lost or destroyed and stating that the duplicate will be returned if the original is recovered. Authority The provisions of this § 41.11 amended under section 812.1 of The Administrative Code of 1929 (71 P.S. § 279.3a); sections 3.2(1) and (2), 3.3, 6, 6(a) and 8(a)(6) of the Professional Psychologists Practice Act (63 P.S. § § 1203.2(1) and (2), 1203.3 and 1206, 1206(a)(2) and 1208(a)(6)); and 23 Pa.C.S. § 6383(b)(2). Source The provisions of this § 41.11 adopted February 6, 1976, effective February 7, 1976, 6 Pa.B. 229; amended March 17, 1978, effective March 18, 1978, 8 Pa.B. 756; amended April 13, 1990, effective April 14, 1990, 20 Pa.B. 2034; corrected April 27, 1990, effective April 14, 1990, 20 Pa.B. 2286; amended March 22, 1991, effective March 23, 1991, 21 Pa.B. 1171; amended January 25, 2002, effective January 26, 2002, 32 Pa.B. 424; amended June 4, 2010, effective June 5, 2010, 40 Pa.B. about:blank 13/57 7/15/24, 11:42 AM Pennsylvania Code 2947; amended December 29, 2023, effective December 30, 2023, 53 Pa.B. 8229. Immediately preceding text appears at serial pages (349704) and (408375). Cross References This section cited in 49 Pa. Code § 41.13 (relating to reactivation of license); and 49 Pa. Code § 41.30 (relating to qualifications and documentation necessary for licensure). § 41.12. Fees. The schedule of fees charged by the Board is as follows: Initial application fee… $105 Reapplication fee—first time examination failure… $20 Reapplication fee—subsequent examination failure… $90 Certification fee… $25 Verification fee… $15 Biennial renewal fee… $300 Application fee—continuing education sponsor/provider approval… $165 Fictitious/corporate name registration… $80 Authority The provisions of this § 41.12 issued under sections 476.1 and 812.1 of The Administrative Code of 1929 (71 P.S. § § 180-6.1 (Repealed) and 279.3a); sections 6(a)(4) and 15 of the Professional Psychologists Practice Act (63 P.S. § § 1206(a)(4) and 1215); and the Bureau of Professional and Occupational Affairs Fee Act (63 P.S. § § 1401-201, 1401-221 and 1401-401); amended under sections 3.2(2), 3.3(a) and 6 of the Professional Psychologists Practice Act (63 P.S. § § 1203.2(2), 1203.3(a) and 1206); and section 812.1 of The Administrative Code of 1929 (71 P.S. § 279.3a). Source The provisions of this § 41.12 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 408; amended September 30, 1983, effective September 20, 1983, 13 Pa.B. 2974; amended April 12, 1985, effective April 13, 1985, 15 Pa.B. 1360; amended December 25, 1987, effective December 26, 1987, 17 Pa.B. 5332; amended February 9, 1990, effective February 10, 1990, 20 Pa.B. 808; amended April 13, 1990, effective April 14, 1990, 20 Pa.B. 2034; amended March 22, 1991, effective March 23, 1991, 21 Pa.B. 1171; amended July 17, 1992, effective July 18, 1992, 22 Pa.B. 3748; amended June 17, 1994, effective June 18, 1994, 24 Pa.B. 3027; amended December 22, 1995, effective December 23, 1995, and apply to examination fees charged on and after October 1, 1995, 25 Pa.B. 5969; amended April 30, 1999, effective May 1, 1999, 29 Pa.B. 2296; amended January 28, 2000, effective January 29, 2000, 30 Pa.B. 536; amended January 25, 2002, effective January 26, 2002, 32 Pa.B. 424; amended November 11, 2005, effective November 12, 2005, 35 Pa.B. 6230. Immediately preceding text appears at serial page (286900). Cross References This section cited in 49 Pa. Code § 41.11 (relating to licenses); 49 Pa. Code § 41.42 (relating to reexamination); 49 Pa. Code § 41.52 (relating to persons licensed in other states); and 49 Pa. Code § 41.52a (relating to licensure by endorsement). about:blank 14/57 7/15/24, 11:42 AM Pennsylvania Code § 41.13. Reactivation of licensure. (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. Authority The provisions of this § 41.13 issued and amended under section 3.2(2) of the Professional Psychologists Practice Act (63 P.S. § 1203.2(2)); and 23 Pa.C.S. § 6383(b)(2). Source The provisions of this § 41.13 adopted January 15, 1993, effective January 16, 1993, 23 Pa.B. 264; amended December 29, 2023, effective December 30, 2023, 53 Pa.B. 8229. Immediately preceding text appears at serial page (408376). PROFESSIONAL CORPORATIONS AND FICTITIOUS NAMES § 41.26. Professional corporations. (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. about:blank 15/57 7/15/24, 11:42 AM Pennsylvania Code (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. Authority 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)). Source The provisions of this § 41.26 adopted March 30, 1984, effective March 31, 1984, 14 Pa.B. 1085; amended June 12, 1992, effective June 13, 1992, 22 Pa.B. 2982. Immediately preceding text appears at serial page (156464). § 41.27. Fictitious names. (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. Authority The provisions of this § 41.27 issued under section 3.2(2) of the Professional Psychologists Practice Act (63 P.S. § 1203.2(2)). Source The provisions of this § 41.27 adopted June 12, 1992, effective June 13, 1992, 22 Pa.B. 2982. QUALIFICATIONS § 41.30. Qualifications and documentation necessary for licensure. about:blank 16/57 7/15/24, 11:42 AM Pennsylvania Code (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). Authority The provisions of this § 41.30 issued under sections 3.2(1), 6(a)(2) and 8(a)(6) of the Professional Psychologists Practice Act (63 P.S. § § 1203.2(1), 1206(a)(2) and 1208(a)(6)); amended under section 3.2(2) of the Professional Psychologists Practice Act (63 P.S. § 1203.2(2)); and 23 Pa.C.S. § 6383(b)(2). Source The provisions of this § 41.30 adopted June 4, 2010, effective June 5, 2010, 40 Pa.B. 2947; amended December 29, 2023, effective December 30, 2023, 53 Pa.B. 8229. Immediately preceding text appears at serial pages (408378) to (408379). Cross References This section cited in 49 Pa. Code § 41.52a (relating to licensure by endorsement). § 41.31. Educational qualifications. To meet the education requirements for licensure under section 6 of the act (63 P.S. § 1206), an applicant shall complete the requirements for a doctoral degree in psychology or a field related to psychology as defined in § 41.1 (relating to definitions). The following documentation evidences compliance: (1) For degree holders from a program in the United States, Canada or United States territories, a Verification of Doctoral Program Approval Status completed by the program’s director reflecting accreditation by the APA or CPA or designation by the ASPPB/National Register Designation Project within 1 year from the award of the doctoral degree, and an official transcript from the registrar. (2) For degree holders from a foreign college or university, an evaluation completed by the National Register evidencing compliance with the educational requirements for degree holders from about:blank 17/57 7/15/24, 11:42 AM Pennsylvania Code foreign colleges or universities in § 41.1. The Board will make a determination regarding the applicant’s compliance based upon the evaluation. (3) An applicant who does not meet the criteria in paragraph (2) shall complete supplemental education or training, or both, from a program accredited by the APA or the CPA or designated by ASPPB/National Register Designation Project based upon an evaluation of the deficiency by the program. The program director shall certify that the supplemental coursework or experience, or both, makes the applicant equivalent to a graduate of that program. (4) First-time applicants who enroll in a graduate degree program in psychology or a field related to psychology on or after July 1, 2008, will be evaluated under these regulations. Applicants enrolled prior to this date will be evaluated under regulations in effect at the time of enrollment. Reapplicants under § 41.42(b) (relating to reexamination) will be evaluated under regulations in effect at the time of reapplication. (5) First time applicants who were enrolled in a doctoral degree program prior to March 23, 1991, will have their education credentials evaluated under regulations in effect at that time. Applicants who apply under § 41.42(b) will have their credentials evaluated under regulations in effect at the time of reapplication. Authority The provisions of this § 41.31 amended under section 812.1 of The Administrative Code of 1929 (71 P.S. § 279.3a); and sections 3.2(1) and (2), 3.3, 6, 6(a) and 8(a)(6) of the Professional Psychologists Practice Act (63 P.S. § § 1203.2(1) and (2), 1203.3, 1206, 1206(a)(2) and 1208(a)(6)). Source The provisions of this § 41.31 adopted February 6, 1976, effective February 7, 1976, 6 Pa.B. 229; amended March 17, 1978, effective March 18, 1978, 8 Pa.B. 756; amended September 8, 1978, effective September 9, 1978, 8 Pa.B. 2530; amended April 13, 1990, effective April 14, 1990, 20 Pa.B. 2034; corrected April 27, 1990, effective April 14, 1990, 20 Pa.B. 2286; amended March 22, 1991, effective March 23, 1991, 21 Pa.B. 1171; amended November 15, 1991, effective November 16, 1991, 21 Pa.B. 5343; amended January 25, 2002, effective January 26, 2002, 32 Pa.B. 424; amended June 2, 2006, effective June 3, 2006, 36 Pa.B. 2680; amended July 21, 2006, effective July 22, 2006, 36 Pa.B. 3813; amended June 4, 2010, effective June 5, 2010, 40 Pa.B. 2947. Immediately preceding text appears at serial pages (321983) to (321984), (319677) to (319678) and (321985). Cross References This section cited in 49 Pa. Code § 41.1 (relating to definitions); 49 Pa. Code § 41.8 (relating to Department of Health licensing of substance abuse services provided by psychology practices— statement of policy); 49 Pa. Code § 41.11 (relating to licenses); 49 Pa. Code § 41.30 (relating to qualifications and documentation necessary for licensure); 49 Pa. Code § 41.41 (relating to examinations); and 49 Pa. Code § 41.52a (relating to licensure by endorsement). § 41.32. Experience qualifications. 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. about:blank 18/57 7/15/24, 11:42 AM Pennsylvania Code (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). (2) Acceptable experience. (i) The practice at an entity in which experience is obtained must be consistent with the psychology resident’s education and training. (ii) No experience may be obtained where the psychology resident acts independently (for example, as a qualified member of another recognized profession under section 3(3) of the act (63 P.S. § 1203(3)). (3) Supervision. All experience, including that obtained during consultation, must be obtained under the supervision of a primary supervisor. (i) Primary supervisors. If the experience is obtained from more than one entity, the psychology resident shall obtain a primary supervisor for each entity. (ii) Delegated supervisors. The primary supervisor may delegate supervision over the psychology resident to a delegated supervisor for up to 1 hour per week. (4) Exceptional circumstances. A psychology resident who cannot comply with the supervisory requirements, may, upon a showing of exceptional circumstances, request the Board to approve a detailed written plan for supervision. The granting of such a request is at the Board’s discretion. The Board will evaluate each plan submitted and each psychology resident’s situation on a case-by-case basis. (5) Effective date. First-time applicants for licensure who commenced postdoctoral supervised experience prior to December 6, 2010, will have their postdoctoral experience credentials evaluated under regulations in effect prior to that date. Applicants who commence postdoctoral supervised experience after that date will have their postdoctoral experience evaluated under the regulations in effect at that time. about:blank 19/57 7/15/24, 11:42 AM Pennsylvania Code (6) Supervised practice following completion of training. Upon completion of the required supervisory hours, a psychology resident may practice psychology under the supervision of a licensed psychologist until the psychology resident obtains a license, under § 41.58 (relating to standards for the employment and supervision of unlicensed persons with graduate training in psychology) or may practice psychology in exempt settings under section 3(4), (6), (8) and (10) of the act (63 P.S. § 1203(4), (6), (8), and (10)). Authority The provisions of this § 41.32 amended under section 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)). Source The provisions of this § 41.32 adopted February 6, 1976, effective February 7, 1976, 6 Pa.B. 229; amended March 17, 1978, effective March 18, 1978, 8 Pa.B. 756; amended March 22, 1991, effective March 23, 1991, 21 Pa.B. 1171; amended June 4, 2010, effective June 5, 2010, 40 Pa.B. 2947. Immediately preceding text appears at serial pages (321985) to (321986) and (294157). Cross References 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); 49 Pa. Code § 41.11 (relating to licenses); 49 Pa. Code § 41.30 (relating to qualifications and documentation necessary for licensure); and 49 Pa. Code § 41.52a (relating to licensure by endorsement). § 41.33. Supervisors. (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. (b) Primary and delegated supervisors may not: about:blank 20/57 7/15/24, 11:42 AM Pennsylvania Code (1) Be subject to the psychology resident’s control or influence. (2) Be related to the psychology resident by blood or marriage. (3) Be involved in a dual relationship, as defined in Principle 6(b) of the Code of Ethics (§ 41.61, Principle (B)), with the psychology resident. (4) Treat or have treated the psychology resident. (5) Be the subject of an active suspension or revocation by a licensing board. In the event that disciplinary action is taken against the supervisor during the supervisory period, the supervisor shall immediately notify the psychology resident and assist the psychology resident in immediately obtaining a new supervisor. (6) Accept fees, honoraria, favors or gifts from the psychology resident. (c) In addition to the responsibilities for primary and delegated supervisors in subsection (a), primary supervisors shall: (1) Beginning December 1, 2015, complete either a course in supervision from a psychology doctoral degree program or 3 hours of continuing education in supervision. (2) Develop with the psychology resident objectives to be achieved during supervision. (3) Be accessible to the psychology resident for consultation and to clients/patients of the psychology resident to answer questions and respond to concerns. (4) Be responsible to each client/patient for psychology services provided by the psychology resident. (5) Be authorized to interrupt or terminate the services being provided by the psychology resident to a client/patient and, if necessary, to terminate the supervisory relationship. (6) Observe client/patient sessions of the psychology resident or review verbatim recordings of these sessions on a quarterly basis. (7) At least quarterly, in supervisory meetings, evaluate and apprise the psychology resident about areas of progress and needed improvement, recommend applicable professional literature and assist the resident in gaining a level of skill necessary for independent practice. (8) Assist the psychology resident in working with professionals in other disciplines as indicated by the needs of each client/patient and periodically observe these cooperative encounters. (9) Ensure that the psychology resident has access to multidisciplinary consultation, as necessary. (10) Monitor the supervision provided by any delegated supervisor. (11) At the conclusion of the period of supervision, evaluate the psychology resident’s level of professional competence and theoretical knowledge in the areas of assessment, diagnosis, effective interventions, consultation, evaluation of programs, supervision of others, strategies of scholarly inquiry, cultural/individual diversity and professional conduct. This evaluation must be signed and included as part of the verification of post doctoral experience submitted to the Board with the applicant’s application for licensure. Authority about:blank 21/57 7/15/24, 11:42 AM Pennsylvania Code The provisions of this § 41.33 issued under sections 3.2(1), 6(a) and 8(a)(6) of the Professional Psychologists Practice Act (63 P.S. § § 1203.2(1), 1206(a)(2) and 1208(a)(6)). Source The provisions of this § 41.33 adopted June 4, 2010, effective June 5, 2010, 40 Pa.B. 2947. Cross References This section cited in 49 Pa. Code § 41.1 (relating to definitions). EXAMINATIONS § 41.41. Examinations. (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. Authority 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)). Source The provisions of this § 41.41 adopted February 6, 1976, effective February 7, 1976, 6 Pa.B. 229; amended March 17, 1978, effective March 18, 1978, 8 Pa.B. 756; amended March 22, 1991, effective March 23, 1991, 21 Pa.B. 1171; amended May 22, 1998, effective May 23, 1998, 28 Pa.B. 2412; amended December 6, 2002, effective December 7, 2002, 32 Pa.B. 5956; amended June 4, 2010, effective June 5, 2010, 40 Pa.B. 2947. Immediately preceding text appears at serial page (294157). Cross References This section cited in 49 Pa. Code § 41.30 (relating to qualifications and documentation necessary for licensure). § 41.42. Reexamination. about:blank 22/57 7/15/24, 11:42 AM Pennsylvania Code (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. Authority 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)). Source The provisions of this § 41.42 adopted February 6, 1976, effective February 7, 1976, 6 Pa.B. 229; amended May 27, 1977, effective May 28, 1977, 7 Pa.B. 1426; amended March 22, 1991, effective March 23, 1991, 21 Pa.B. 1171; amended January 25, 2002, effective January 26, 2002, 32 Pa.B. 424; amended December 6, 2002, effective December 7, 2002, 32 Pa.B. 5956. Immediately preceding text appears at serial page (286910). Cross References This section cited in 49 Pa. Code § 41.31 (relating to educational qualifications). § 41.43. Waiver of examination. (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. Authority The provisions of this § 41.43 issued under section 3.2(2) of the Professional Psychologists Practice Act (63 P.S. § 1203.2(2)). Source The provisions of this § 41.43 adopted March 22, 1991, effective March 23, 1991, 21 Pa.B. 1171. MISCELLANEOUS about:blank 23/57 7/15/24, 11:42 AM Pennsylvania Code § 41.51. Areas of acceptable practice. 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). Authority The provisions of this § 41.51 amended under section 3.2(2) of the Professional Psychologists Practice Act (63 P.S. § 1203.2(2)). Source The provisions of this § 41.51 adopted February 6, 1976, effective February 7, 1976, 6 Pa.B. 229; amended March 17, 1978, effective March 18, 1978, 8 Pa.B. 756; amended March 22, 1991, effective March 23, 1991, 21 Pa.B. 1171. Immediately preceding text appears at serial page (123345). Cross References 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). § 41.52. Persons licensed in other states. (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. Authority 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)); and 23 Pa.C.S. § 6383(b)(2). about:blank 24/57 7/15/24, 11:42 AM Pennsylvania Code Source The provisions of this § 41.52 adopted March 17, 1978, effective March 18, 1978, 8 Pa.B. 756; amended March 22, 1991, effective March 23, 1991, 21 Pa.B. 1171; amended May 22, 1998, effective May 23, 1998, 28 Pa.B. 2412; amended December 6, 2002, effective December 7, 2002, 32 Pa.B. 5956; amended December 29, 2023, effective December 30, 2023, 53 Pa.B. 8229. Immediately preceding text appears at serial page (408383). Cross References This section cited in 49 Pa. Code § 41.59 (relating to continuing education). § 41.52a. Licensure by endorsement. (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. (2) Demonstrates competency by one of the following: (i) Experience in the practice of psychology by demonstrating, at a minimum, that the applicant has actively engaged in the practice of psychology in the jurisdiction that issued the license, certificate, registration or permit for 2 of the last 5 years immediately preceding the filing of the application with the Board. (ii) Completion of 30 hours of continuing education that meets the requirements of § 41.59 (relating to continuing education) during the 24 months immediately preceding the date of the application. (3) Has not committed any act that constitutes grounds for refusal, suspension or revocation of a license to practice psychology under section 8 of the act (63 P.S. § 1208) regarding refusal, suspension or revocation of license. (4) Has not been disciplined by the jurisdiction that issued the license, certificate, registration or permit. (5) Has paid the initial application fee as set forth in § 41.12 (relating to fees). (6) Satisfies application requirements as required by the act and this chapter, including § 41.30(b) (2) and (3) (relating to qualifications and documentation necessary for licensure). about:blank 25/57 7/15/24, 11:42 AM Pennsylvania Code (7) Completes 3 hours of training in child abuse recognition and reporting from a provider approved by the Department of Human Services as required under 23 Pa.C.S. § 6383(b)(3)(i) (relating to education and training). (b) Interview and additional information. An applicant may be required to appear before the Board for a personal interview and may be requested to submit additional information, including supporting documentation relating to competency and experience. The applicant may request the interview to be conducted by video teleconference for good cause shown. (c) Prohibited acts. Notwithstanding subsection (a)(3) and (4), the Board may, in its discretion, determine that an act prohibited under section 8 of the act or disciplinary action by a jurisdiction are not impediments to the granting of a license by endorsement under 63 Pa.C.S. § 3111. Authority The provisions of this § 41.52a added under 63 Pa.C.S. § 3111. Source The provisions of this § 41.52a added January 21, 2022, effective January 22, 2022, 52 Pa.B. 446. Cross References This sewction cited in 49 Pa. Code § 41.52b (relating to provisional endorsement license). § 41.52b. Provisional endorsement license. (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. (c) Termination of a provisional endorsement license. A provisional endorsement license terminates as follows: (1) The provisional endorsement license terminates when the Board denies or grants the license. (2) Failure to comply with the terms of a provisional endorsement license will result in termination of the provisional endorsement license. (d) Reapplication. An individual may reapply for licensure by endorsement under § 41.52a after expiration or termination of a provisional endorsement license; however, the individual may not be issued a subsequent provisional endorsement license. Authority about:blank 26/57 7/15/24, 11:42 AM Pennsylvania Code The provisions of this § 41.52b added under 63 Pa.C.S. § 3111. Source The provisions of this § 41.52b added January 21, 2022, effective January 22, 2022, 52 Pa.B. 446. § 41.53. Adoption of Board procedures. As necessary, the Board will adopt procedures to assist it in processing applications in an orderly fashion. Authority The provisions of this § 41.53 amended under section 3.2(2) of the Professional Psychologists Practice Act (63 P.S. § 1203.2(2)). Source The provisions of this § 41.53 adopted March 17, 1978, effective March 18, 1978, 8 Pa.B. 756; amended March 22, 1991, effective March 23, 1991, 21 Pa.B. 1171. Immediately preceding text appears at serial page (123346). § 41.54. [Reserved]. Source The provisions of this § 41.54 adopted July 25, 1986, effective July 26, 1986, 16 Pa.B. 2719; amended March 22, 1991, effective March 23, 1991, 21 Pa.B. 1171; reserved May 22, 1998, effective May 23, 1998, 28 Pa.B. 2412. Immediately preceding text appears at serial pages (206244) to (206246). § 41.55. Communications to and from the Board. 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. Authority The provisions of this § 41.55 issued under section 3.2(2) of the Professional Psychologists Practice Act (63 P.S. § 1203.2(2)). Source The provisions of this § 41.55 adopted March 22, 1991, effective March 23, 1991, 21 Pa.B. 1171. § 41.56. Private practice by certified school psychologists. 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 about:blank 27/57 7/15/24, 11:42 AM Pennsylvania Code 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. Authority The provisions of this § 41.56 issued under section 3.2(2) of the Professional Psychologists Practice Act (63 P. S. § 1203.2(2)). Source The provisions of this § 41.56 adopted March 22, 1991, effective March 23, 1991, 21 Pa.B. 1171. § 41.57. Professional records. (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. (c) A psychologist shall store and dispose of written, electronic and other records in a manner which insures their confidentiality. (d) To meet the requirements of this section, so as to provide a formal record for review, but not necessarily for other legal purposes, a psychologist shall assure that all data entries in professional records are maintained for at least 5 years after the last date that service was rendered. A about:blank 28/57 7/15/24, 11:42 AM Pennsylvania Code psychologist shall also abide by other legal requirements for record retention, even if longer periods of retention are required for other purposes. (e) A psychologist shall provide for the confidential disposition of records in the event of the psychologist’s withdrawal from practice, incapacity or death. (f) Failure to comply with this section shall subject the violator to disciplinary action under section 8(a)(15) of the act (63 P. S. § 1208(a)(15)). Authority The provisions of this § 41.57 issued under section 3.2(2) of the Professional Psychologists Practice Act (63 P. S. § 1203.2(2)). Source The provisions of this § 41.57 adopted June 12, 1992, effective June 13, 1992, 22 Pa.B. 2980. § 41.58. Standards for the employment and supervision of unlicensed persons with graduate training in psychology. (a) Statutory authority and purpose. Under section 3(12) of the act (63 P. S. § 1203(12)), psychologists licensed by the Board may employ ‘‘professional employes with graduate training in psychology,’’ who ‘‘shall perform their duties under the full direction, control and supervision of a licensed psychologist.’’ Section 41.58 sets standards for the employment and supervision of unlicensed persons who come within the statutory language. Section 41.58 does not apply to persons completing the experience requirement for licensure, to employes who are licensed and regulated by other Boards in the Bureau, or to employes of psychologists practicing in settings exempted from the licensure requirement under section 3(4), (6), (8) and (10) of the act. (b) Responsibilities of employing psychologists and supervising psychologists. The employing psychologist shall ensure that the employe has satisfied the education requirement set out in the definition of ‘‘graduate training in psychology’’ in § 41.1 (relating to definitions) and shall bear full professional responsibility for the welfare of every client/patient served by the employe. The employing psychologist shall supervise the employe as set out in subsection (c) or shall assign the supervisory function to another licensed psychologist affiliated with the employment setting. A supervising psychologist shall be qualified to render competently every psychological service which the employe undertakes, except that clearly defined areas of the employe’s supervision may be delegated to other professionals affiliated with the employment setting whose competence in the delegated areas has been demonstrated by previous education, training and experience. Although the employing psychologist shall continue to bear the ultimate responsibility for services rendered by the employe, a psychologist who supervises an unlicensed person under this section shall