RULES AND REGULATIONS
STATE BOARD OF PSYCHOLOGY
[49 PA. CODE CH. 41]
[32 Pa.B. 424]
The State Board of Psychology (Board) amends Chapter 41 (relating to State Board of Psychology) to read as set forth in Annex A.
This final-form rulemaking deletes references to examination fees. Specifically, the regulation deletes references to the National portion of the examination, the State portion of the examination and the administrative fee. Third-party testing organizations develop and administer the examinations. The fees for these services are established by contract. The examiners communicate directly with the applicants. The applicants pay the examination fees directly to the examiners. Thus, to avoid the necessity of amending its regulations whenever the examination administrators might change the fees, the Board has deleted all references to examination fees except reapplication fees.
The amendments are authorized under section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a) and section 3.3 of the Professional Psychologists Practice Act (63 P. S. § 1203.3).
Response to Comments
Notice of proposed rulemaking was published at 31 Pa. B. 2380 (May 5, 2001). Publication was followed by a 30-day public comment period during which the Board received no public comments. Following the close of the public comment period, the Board received comments from the Independent Regulatory Review Commission (IRRC). The Board did not receive any comments from the House Professional Licensure Committee (HPLC) or the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC). The final-form rulemaking is in response to the comments and suggestions made by IRRC.
IRRC recommended that the Board delete all references to examination fees in §§ 41.11(a)(4), 41.31(a)(1) and (2) and (b) and 41.42(a) and (b). The Board concurs with this recommendation and has amended §§ 41.11(a)(4), 41.31(a)(1) and 41.42(a) and (b).
The Board has not amended § 41.31(a)(2) and (b) since the elimination of the examination fees does not change the Board's review process. The Board still determines eligibility to sit for the examinations.
Upon request, applicants receive two applications from the Board. The first application seeks the applicant's education and supervision information. This is sent directly to the Board. Once the Board has determined that the applicant has the requisite education and experience, the Board sends a list of approved applicants to the provider of the National examination. The examiner then sends the applicant the scheduling forms. The applicant completes the form and mails it with the examination fee to the National examination provider.
The second application the applicant obtains from the Board is to take the State examination. The applicant sends it, with the examination fee, directly to the State examination contractor.
Section 41.42(a) and (b) is amended to clarify that applicants who are subject to reexamination are required to pay a reapplication fee to the Board, for the costs incurred in rereviewing the application.
Compliance with Executive Order 1996-1, Regulatory Review and Promulgation
The Board reviewed this rulemaking and considered its purpose and likely impact on the public and the regulated population under the directives of Executive Order 1996-1.
Fiscal Impact and Paperwork Requirements
The amendments will have no adverse fiscal impact or paperwork requirements on the Board, licensees, the Commonwealth, its political subdivisions or the public sector.
The Board continually monitors the effectiveness of its regulations through communication with the regulated population; accordingly, no sunset date has been set.
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on May 5, 2001, the Board submitted copies of the notice of proposed rulemaking, published at 31 Pa. B. 2380 to IRRC, the SCP/PLC and the HPLC for review and comment.
In compliance with section 5(c) of the Regulatory Review Act, the Board also provided IRRC, the SCP/PLC and the HPLC with copies of comments received as well as other documents. In preparing the final-form regulations, the Board has considered the comments received from IRRC, the SCP/PLC, the HPLC and the public.
Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), these final-form regulations were deemed approved by the HPLC on December 11, 2001, and deemed approved by the SCP/PLC on December 17, 2001. Under section 5.1(e) of the Regulatory Review Act, IRRC met on December 20, 2001, and approved the final-form regulations.
Further information may be obtained by contacting Christina Stuckey, Administrative Assistant, State Board of Psychology, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-7155.
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) These amendments do not enlarge the purpose of proposed rulemaking published at 31 Pa.B. 2380.
(4) These amendments are necessary and appropriate for administering and enforcing the authorizing acts identified in Part B of this Preamble.
The Board, acting under its authorizing statutes, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 41, are amended by amending §§ 41.11, 41.12, 41.31 and 41.32 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General as required by law.
(c) The Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
ALEX M. SIEGEL, J.D., Ph.D.,
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 32 Pa.B. 123 (January 5, 2002).)
Fiscal Note: Fiscal Note 16A-6311 remains valid for the final adoption of the subject regulations.
TITLE 49. PROFESSIONAL AND
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND
CHAPTER 41. STATE BOARD OF PSYCHOLOGY
§ 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, notarized application form and the application fee.
(2) Official transcripts of graduate work from an accredited college or university.
(3) Supervisory rating forms validating the applicant's qualifying experience.
(4) 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 of §§ 41.31 and 41.32 (relating to qualifications for taking licensing examination; and standards for supervisors), 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.
§ 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 $120 Application fee--continuing education sponsor/
$165 Fictitious/corporate name registration $80
§ 41.31. Qualifications for taking licensing examination.
(a) Administrative procedures.
(1) Applications to take the licensing examination and instructions for applicants, including deadlines for filing, may be secured from the Board. If an applicant, without reasons satisfactory to the Board, fails to report for both the first examination and the one subsequent to it, the applicant's application will be considered to have been withdrawn. If the applicant wishes to take a future examination, a new application shall be submitted to the Board. The application will be reviewed on the basis of the law and regulations existing at the time.
* * * * *
§ 41.42. Reexamination.
(a) After first-time failure, candidates may take a second examination upon filing an updated application and paying the reapplication fee 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 two unsuccessful examinations, applicants may reapply for admission to the licensing examination, but shall satisfy conditions prevailing at the time of the reapplication, including administrative, education and experience requirements. The Board will permit applicants to retake the examination after a second failure only within 2 years after a 12-month interval has elapsed. The applicant shall file the verification of experience form included in the application packet and shall pay the reapplication fee specified in § 41.12. After a third failure, applicants may retake the examination under the conditions in subsection (a).
(c) The applicant will be judged pass or fail on the basis of the standards prevailing at the time of reexamination.
(d) An applicant will not be permitted to sit for more than four examinations in any 8-year period.
[Pa.B. Doc. No. 02-136. Filed for public inspection January 25, 2002, 9:00 a.m.]
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