RULES AND REGULATIONS
Title 49—PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF PSYCHOLOGY
[ 49 PA. CODE CH. 41 ]
[40 Pa.B. 2947]
[Saturday, June 5, 2010]
The State Board of Psychology (Board) amends §§ 41.1, 41.11, 41.31, 41.32 and 41.41 and adds §§ 41.30 and 41.33 (relating to qualifications and documentation necessary for licensure; and supervisors) to read as set forth in Annex A.
To obtain a license as a psychologist, an applicant shall complete education, experience and examination requirements. These requirements appear in numerous sections of the existing regulations. In this final-form rulemaking, the Board reorganizes the education, examination and experience requirements into four sequential sections—§ 41.31 (relating to educational qualifications) for educational requirements, § 41.32 (relating to experience qualifications) for experience requirements, § 41.33 (relating to supervisors) for supervision requirements and § 41.41 (relating to examinations) for examination requirements. The final-form rulemaking also clarifies existing requirements. Additionally, the Board amends current examination requirements to permit doctoral degree holders to take the licensure examinations prior to completing their experience.
The final-form rulemaking is authorized under sections 3.2(1), 6(a) and 8(a)(6) of the Professional Psychologists Practice Act (act) (63 P. S. §§ 1203.2(1), 1206(a)(2) and 1208(a)(6)).
Response to Comments
The proposed rulemaking was published at 39 Pa.B. 2211 (May 2, 2009). Publication was followed by a 30-day public comment period during which the Board received public comments from the Pennsylvania Psychological Association (PPA) and the Pennsylvania Osteopathic Medical Association (POMA). Following the close of the public comment period, the Board received comments from the Independent Regulatory Review Commission (IRRC) and the House Professional Licensure Committee (HPLC). The Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) did not comment.
§ 41.1. Definitions.
IRRC recommended that the Board define the terms ''licensed health professional'' and ''possesses special expertise or skills'' used in the proposed definition of ''delegated supervisor.'' For the former, the Board's intent on proposed was to include persons licensed by a health licensing board within the Bureau of Professional and Occupational Affairs, such as physicians, nurses, occupational therapists, pharmacists and social workers. For the latter, the Board's intent was that the standards in the qualifications for supervisors demonstrate possession of special expertise or skills. In this final-form rulemaking, the Board replaced ''licensed health professional'' with ''a person . . . who holds a current license, certificate or registration from a health related board within the Bureau of Professional and Occupational Affairs'' and replaces ''possesses special expertise or skills'' with ''meets the requirements in § 41.33(a) and (b).''
In this final-form rulemaking, the Board also added a definition for ''graduate training in psychology'' previously contained in the Board regulations. In reviewing the proposed rulemaking, the Board noted that § 41.32(6) referenced educational standards for those with graduate training in psychology. However, those standards were inadvertently removed and replaced with a cross reference when the Board amended this definition at 36 Pa.B. 2680 (June 3, 2006). Because these standards are necessary, the Board reinserted applicable portions from the former definition of ''graduate training in psychology'' in this final-form rulemaking and will continue to interpret this provision as including graduate coursework which could apply to a doctoral degree, including coursework from terminal master's degree programs.
IRRC pointed out that the Board's cross reference in the definition of ''psychology resident'' was incorrectly numbered. The Board corrected the typographical error in this final-form rulemaking.
§ 41.11. Licenses.
IRRC questioned whether the supervisory rating forms contained in proposed § 41.11(a)(3) (relating to licenses) are still required to be submitted with the application to take the examination given that the proposed rulemaking permits graduate degree holders to complete the examination prior to completing the experience requirement. The Board concurs with IRRC that in many, if not most, instances this form would not be completed at this stage in the process and therefore has removed the requirement of submitting the supervisory rating forms when applying for examination. As part of its review of this paragraph, however, the Board determined that the criminal history records information (CHRI) report and the child abuse clearance required to be submitted under proposed § 41.30(b) should be submitted when an applicant seeks to take the examinations and only updated as needed when the applicant applies for licensure. Accordingly, the Board added these initial submission requirements to § 41.11(a)(3) and (4).
§ 41.30. Qualifications and documentation necessary for licensure.
IRRC recommended that the Board replace the reference ''criminal background check'' in proposed § 41.30(b)(2) with ''criminal history records information report'' or ''CHRI report.'' The Board has made that change and uses ''criminal history records information report'' throughout.
The HPLC questioned whether a National background check would provide a greater public safeguard than a CHRI report and whether a National background check is required under 23 Pa.C.S. § 6344.2(a) (relating to information relating to other persons having contact with children). Upon investigation, the Board does not believe that a National background check, commonly known as the Federal Bureau of Investigation Identification Record (FBI Record), would provide greater public protection. First, applicants are required to report felony and misdemeanor convictions to the Board regardless of whether the convictions are included on the CHRI report or FBI Record. Second, the FBI Record does not necessarily include all state and Federal offenses committed by an applicant. According to the United States Department of Justice Order 556-73, the record is ''based upon certain information taken from fingerprint submissions retained by the FBI in connection with arrests . . . as submitted by agencies having criminal justice responsibilities.'' It is not information collected by the FBI. Third, unlike the CHRI report which can be obtained almost immediately when filed online, the FBI Record takes approximately 3 to 4 weeks to obtain. This additional time creates significant delay in obtaining a license. Fourth, the FBI Record costs $8 more than the $10 CHRI report and can only be paid by certified check or credit card adding further inconvenience for applicants. With regard to the amendments to 23 Pa.C.S. § 6344.2(a), and the reference in the Department of Welfare's bulletin (#3490-08-03) published on June 27, 2008, 23 Pa.C.S. Chapter 63 (relating to Child Protective Services Law) imposes employment rather than licensure requirements for those who are engaged in occupations with a significant likelihood of regular contact with children. Because all licensees do not engage in these occupations, 23 Pa.C.S. § 6344.2(a) does not automatically apply to all Board licensees. Therefore, in this final-form rulemaking, the Board did not replace the requirement that applicants obtain a CHRI report. In the event licensees also fall within the gamut of 23 Pa.C.S. § 6344.2(a), due to their specific employment, they would have to satisfy the FBI Record requirement independently.
IRRC recommended that the Board include a reference in this section advising applicants that the CHRI report and the child abuse clearance forms are available online. The Board declines to make this change even though information regarding many applications is available online because the form of availability changes over time. To ensure that the regulations do not have to be amended when the form of availability changes, but at the same time provide applicants with this information, the Board will direct applicants to online information on its web site.
Because the Board is requiring submission of the CHRI report and the child abuse clearance forms at the time the applicant applies to take the examination, in this final-form rulemaking, the Board amended § 41.30(b)(2) and (3) to only require updates unless these reports/forms were submitted within 90 days of the application for licensure. If submitted within that time frame, the applicant for licensure need not even submit updates.
§ 41.31. Educational qualifications.
The HPLC pointed out that the Board incorrectly referred to ''subsection (a)(1)'' in § 41.31(4) and (5) rather than § 41.41(c). In this final-form rulemaking, the Board deleted proposed § 41.41(c) as it was a holdover from when the examinations were only administered two times a year. Because the examinations are now administered 6 days a week, this subsection is unnecessary. Nonetheless, in this final-form rulemaking, the Board references § 41.42(b) in both sections.
§ 41.32. Experience qualifications
IRRC asked the Board to clarify how it assures that applicants complete 1 year of predoctoral experience required under section 6(a)(2) of the act. In prior amendments to § 41.31(b), published at 36 Pa.B. 2680, the Board explained that to obtain American Psychological Association/Canadian Psychological Association accreditation or Association of State and Provincial Psychology Board designation, a doctoral degree program in psychology or a field related to psychology must include a 1-year supervised predoctoral internship. Owing to IRRC's concern that the Board is not sufficiently assuring that applicants complete the predoctoral internship, the Board added a requirement in § 41.11(a)(5) that the application for examination include an internship verification form and job description.
IRRC recommended that the Board include all supervisory qualifications in a provision separate from the experience qualifications. In accordance with this suggestion, in this final-form rulemaking, the Board removed the supervisory requirements from § 41.32 and reinserted them in § 41.33.
Section 41.32(1), previously in § 41.31(c), delineates the timing for the 1-year of supervised postdoctoral experience. IRRC asks the Board to clarify ''any of the above categories'' mentioned in § 41.32(1)(iii). In this subparagraph, the Board requires that 50% of the total supervised experience be in direct care while the additional 50% may be obtained in teaching, research or direct care. To provide further clarification, in this final-form rulemaking, the Board replaced ''any of the above categories'' with ''any of the categories listed in this paragraph.'' IRRC also questioned whether supervised teaching experience, in the latter category includes teaching in graduate and undergraduate programs. The Board believes that both settings are acceptable.
POMA recommended that the Board increase the amount of direct care to 75%, a 25% increase over that recommended by the Board. Based on this recommendation, IRRC asked the Board to provide a justification for the proposed breakdown. As the Board previously explained, the 50% requirement in direct care is a minimum rather than a maximum number of hours that can be obtained in this category. Applicants may complete the remaining 50% in direct care or a combination of direct care, teaching or research. In reviewing POMA's recommendation, the Board considered whether increasing direct care would preclude academicians or researchers from completing the required hours within 1 year. The Board has been advised that increasing the hours as POMA recommended would disadvantage academicians and researchers. Accordingly, the Board declined to implement POMA's suggestion. Nonetheless, the Board notes that while it has not increased the percentage, the overall amount of direct care has been increased in this final-form rulemaking as the Board has increased the total experience hours from 1,500 to 1,750.
POMA also expressed concern that allowing post- doctoral experience to be completed within 10 calendar years with half in the most recent 5 years from the application for licensure date in § 41.32(1)(iv) is too long of a time frame to assure that the applicant remains current. Because this regulation permits applicants to take their examination immediately following graduation, but prior to completing the experience, the Board reevaluated this time frame and determined that it would be appropriate for the 10-year time frame to begin upon being awarded the doctoral degree. The Board believes that this shortened time frame properly considers the difficulty in obtaining postdoctoral internship placements but assures that applicants obtain their licenses within 10 years of the doctoral degree. However, because the Board is aware that there are personal extenuating circumstances which may preclude an applicant from completing the 10-year time frame, the Board inserted a provision allowing for a waiver request identical to the waiver provision for continuing education.
The HPLC questioned why the Board limits the amount of time that can be delegated to a delegated supervisor to 1 hour under the definition of ''delegated supervisor'' in § 41.1 (relating to definitions) and § 41.32(3)(ii). While the Board appreciates that delegated supervisors, who are either licensees, registrants or certificateholders of other health related boards or persons providing psychological services in exempt settings, impart valuable learning experiences to psychology residents, the Board believes that supervision by a Board licensee is equally valuable given the licensees' duties and responsibilities under the Board's regulations and § 41.61 (relating to code of ethics). The Board divided the supervision hours equally.
§ 41.33. Supervisors.
Proposed § 41.32(3)(iii)(D) and (v)(L) repeated the requirement that the supervisors review practice and ethical issues with the psychology resident. IRRC questioned whether both clauses are necessary. The Board concurs with IRRC that both are not. In this final-form rulemaking, the Board moved regulations about supervisors to § 41.33 and included this requirement only in § 41.33(a)(4).
Proposed § 41.32(3)(iv)(E), moved to § 41.33(b)(5), prevents a supervisor who is the subject of active discipline from continuing his supervision. The HPLC questioned the meaning of ''active discipline.'' In the preamble of the proposed rulemaking, the Board defined ''active discipline'' as during an active suspension or revocation. Owing to any confusion, the Board replaced ''discipline'' with ''active suspension or revocation.'' Although the requirement that a supervisor be replaced during supervision negatively impacts the psychology resident, the Board does not believe that licensees who are subject to current discipline should serve as role models or mentors for soon to be licensees. Supervisory hours completed prior to the removal of the disciplined supervisor will be credited fully.
Proposed § 41.32(3)(v)(A) required primary supervisors to hold an active license for at least 2 years before becoming a supervisor. The PPA voiced its opposition to the clause on the grounds that this requirement could reduce the number of available supervisors. In this final-form rulemaking, the Board removed the 2-year requirement acknowledging that requiring new licensees to wait 2 years after obtaining a license would make internship placements even harder to obtain. Nonetheless, the Board retained the requirement that supervisors complete a 3-credit continuing education course or a doctoral degree course. In this final-form rulemaking, the Board added a 4-year effective date for implementation of the course requirement in § 41.33(c)(1). Supervisors will be required to certify that they completed the course on supervisory forms.
Proposed § 41.32(3)(v)(F) and (G) require the supervisor to observe client sessions ''regularly'' and also ''regularly apprise the psychology resident of progress and needed improvement.'' IRRC asked the Board to clarify the duration of ''regularly.'' In light of § 41.33(a)(8), which requires primary and delegated supervisors to make quarterly reviews of the psychology resident's performance, the Board replaced ''regularly'' with ''at least quarterly.''
Compliance with Executive Order 1996-1, Regulatory Review and Promulgation
The Board reviewed this final-form 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 final-form rulemaking 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 April 22, 2009, the Board submitted a copy of the notice of proposed rulemaking, published at 39 Pa.B. 2211, to IRRC and the Chairpersons of the HPLC and the SCP/PLC for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC, the HPLC and the SCP/PLC were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Board has considered all comments from IRRC, the HPLC, the SCP/PLC and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on March 24, 2010, the final-form rulemaking was approved by the HPLC. On April 21, 2010, the final-form rulemaking was deemed approved by the SCP/PLC. Under section 5.1(e) of the Regulatory Review Act, IRRC met on April 22, 2010, and approved the final-form rulemaking.
Further information may be obtained by contacting Christina Stuckey, Administrative Assistant, State Board of Psychology at 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) This final-form rulemaking does not enlarge the purpose of proposed rulemaking published at 39 Pa.B. 2211.
(4) This final-form rulemaking is necessary and appropriate for administering and enforcing the authorizing acts identified in 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 §§ 41.1, 41.11, 41.31, 41.32 and 41.41; and adding §§ 41.30 and 41.33 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 on publication in the Pennsylvania Bulletin.
KAREN W. EDELSTEIN, Psy.D.,
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 40 Pa.B. 2493 (May 8, 2010).)
Fiscal Note: Fiscal Note 16A-6315 remains valid for the final adoption of the subject regulations.
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 41. STATE BOARD OF PSYCHOLOGY
§ 41.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * *
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).
* * * * *
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.
(ii) Includes supervised practicum, internship, field or laboratory training appropriate to the practice of psychology.
(iii) Includes course requirements in specialty areas of psychology.
* * * * *
Primary supervisor—A currently licensed psychologist having primary responsibility for directing and supervising the psychology resident.
* * * * *
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.
* * * * *
§ 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.
(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 Public Welfare 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.
§ 41.30. Qualifications and documentation necessary for licensure.
(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 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).
§ 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 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.
§ 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.
(i) One year is calculated as a period of at least 12 months consisting of at least 1,750 hours of experience.
(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.
(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)).
§ 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:
(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.
§ 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.
[Pa.B. Doc. No. 10-1037. Filed for public inspection June 4, 2010, 9:00 a.m.]
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