Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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49 Pa. Code § 41.7. Qualified members of other recognized professions—statement of policy.

§ 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 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.



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