PROFESSIONAL PSYCHOLOGISTS PRACTICE ACT

Question 1

The practice of psychology in the Commonwealth of Pennsylvania is hereby declared to (1) affect the public safety and welfare, and to (2) be subject to regulation and control in the public interest to protect the public from unprofessional, improper, unauthorized and unqualified practice of psychology, and (3) from unprofessional conduct by persons licensed to practice psychology. This act should be liberally construed to carry out these objects and purposes (Section 1.).

Answer 1

Declaration of Policy

Question 2

… means the State Board of Psychology in the Department of State (Section 2. Definitions.).

Answer 2

Board

Question 3

This act shall be known and may be cited as the… (Section 1.1. Short Title.)

Answer 3

“Professional Psychologists Practice Act”

Question 4

… means the Commissioner of Professional and Occupational Affairs in the Department of State (Section 2. Definitions.).

Answer 4

Commissioner

Question 5

… means an individual, corporation, partnership, association, unincorporated organization or a government or any political subdivision, agency or instrumentality thereof (Section 2. Definitions.).

Answer 5

Person

Question 6

… means offering to render or rendering to individuals, corporations, institutions, governmental agencies, or the public for remuneration any service involving the following… (i) application of established principles of learning, motivation, perception, thinking, and emotional relationships to problems of personality evaluation, group relations, and behavior adjustment and (ii) “measuring and testing,” “psychological methods,” and “psychological consulting” (Section 2. Definitions.).

Answer 6

Practice of psychology

Question 7

… consisting of the psychological assessment and evaluation of abilities, attitudes, aptitudes, achievements, adjustments, motives, personality dynamics and/or other psychological attributes of individuals, or groups of individuals by means of standardized measurements or other methods, techniques, or procedures recognized by the science and profession of psychology (Section 2. Definitions.).

Answer 7

“measuring and testing”

Question 8

… consisting of the application of principles of learning and motivation in an interpersonal situation with the objectives of modification of perception and adjustment, and requiring highly develop skills in the disciplines, techniques, and methods of altering through learning processes, attitudes, feelings, values, self-concept, personal goals and adaptive patterns (Section 2. Definitions.).

Answer 8

“psychological methods”

Question 9

… consisting of interpreting or reporting upon scientific fact or theory in psychology, rendering expert psychological opinion, psychological evaluation, or engaging in applied psychological research (Section 2. Definitions.).

Answer 9

“psychological consulting”

Question 10

The State Board of Psychology shall consist of ___ members who are citizens of the U.S. and who have been residents of this Commonwealth for a __-year period (Section 3.1. State Board of Psychology).

Answer 10

9, 3-year

Question 11

__ members are to be appointed by the Governor, with the advice and consent of a majority of the members elected to the Senate (Section 3.1. State Board of Psychology).

Answer 11

8

Question 12

The _____ shall serve as the ninth member of the board (Section 3.1. State Board of Psychology).

Answer 12

Commissioner of Professional and Occupational Affairs

Question 13

__ members shall be appointed who shall hold current valid licenses to practice psychology in this Commonwealth and shall be broadly representative of the practice areas of psychology (Section 3.1. State Board of Psychology).

Answer 13

6

Question 13

__ members shall be appointed as representatives of the public at large (Section 3.1. State Board of Psychology).

Answer 13

2

Question 14

The terms of each professional and public member of the board shall be __ years or until a successor has been appointed and qualified but not longer than __ months beyond the __-year period.

Answer 14

4, 6, 4-year

Question 15

No member shall be eligible for appointment to serve more than __ consecutive terms.

Answer 15

2

Question 16

The board shall select annually a _____ and a ______ from among its members (Section 3.1. State Board of Psychology).

Answer 16

chairman, vice chairman

Question 17

The board shall elect a _____ who, with the approval of the Commissioner of Professional and Occupational Affairs, need not be a member of the board (Section 3.1. State Board of Psychology).

Answer 17

secretary

Question 18

Each member of the board, except the Commissioner of Professional and Occupational Affairs, shall receive __ dollars per diem when actually attending to the work of the board (Section 3.1. State Board of Psychology).

Answer 18

$60

Question 19

The board is subject to evaluation, review and termination within the time and in the manner provided in the “_____ Act” (Section 3.1. State Board of Psychology).

Answer 19

“Sunset Act”

Question 20

A member of the board who fails to attend __ consecutive meetings shall forfeit his or her seat unless the Commissioner of Professional and Occupational Affairs, upon written request from the member, finds that the member should be excused from a meeting because of illness or the death of a family member (Section 3.1. State Board of Psychology).

Answer 20

3

Question 21

A public member who fails to attend __ statutorily mandated training seminars in accordance with section 813(e) of the act of April 9, 1929, known as the “The Administrative Code of 1929,” shall forfeit his seat unless the Commissioner of Professional and Occupational Affairs, upon written request from the public member, finds that the public member should be excused from a meeting because of illness or the death of a family member (Section 3.1. State Board of Psychology).

Answer 21

2

Question 22

The board shall meet at least __ times every year and at such additional times as may be necessary to conduct the business of the board (Section 3.1. State Board of Psychology).

Answer 22

6

Question 23

The board shall have the following [6] powers:…(Section 3.2. Powers of the Board).

Answer 23

(1) To pass upon the qualifications & fitness of applicants for licenses & reciprocal licenses; and to adopt and revise rules & regulations requiring applicants to pass examinations relating to their qualifications as a prerequisite to the issuance of license.
(2) To adopt &, from time to time, revise such rules & regulations & policies not inconsistent with the law as may be necessary to carry into effect the provisions of this act. Such rules and regulations shall include, but not be limited to, standards for professional practice & a code of ethics for psychologists in the State.
(3) To examine for, deny, approve, issue, revoke, suspend, restrict, limit & renew the licenses of psychologist applicants pursuant to this act & to conduct hearings in connection therewith.
(4) To conduct hearings upon complaints concerning violations of the provisions of & the rules and regulations adopted pursuant to this act & cause the prosecution, impose civil penalties & enjoin any such violations.
(5) To employ, with the approval of the Commissioner of Professional and Occupational Affairs, a professional credentials evaluator to review applications.
(6) To waive examination & grant a license in cases deemed exceptional by the board & in accordance with board regulations.

Question 24

All fees required pursuant to this act shall be fixed by the board by regulation and shall be subject to the act of June 25, 1982, known as the… (Section 3.3. Fees, Fines and Civil Penalties).

Answer 24

“Regulatory Review Act”

Question 25

If the revenues raised by fees, fines and civil penalties imposed pursuant to this act are not sufficient to meet expenditures over a __-year period, the board shall increase those fees by regulation so that the projected revenues will meet or exceed projected expenditures (Section 3.3. Fees, Fines and Civil Penalties).

Answer 25

2

Question 26

All fees, fines and civil penalties imposed in accordance with this act shall be paid into the… (Section 3.3. Fees, Fines and Civil Penalties).

Answer 26

Professional Licensure Augmentation Account

Question 27

The board may charge a _____, as set by the board by regulation, for all examinations, registrations, renewals, certifications, licensures or applications permitted by this act or the regulations thereunder (Section 3.3. Fees, Fines and Civil Penalties).

Answer 27

fee

Question 28

The board shall submit annually to the _____ an estimate of the financial requirements of the board for its administrative ,investigative, legal and miscellaneous expenses (Section 3.4. Reports of the Board).

Answer 28

Department of State

Question 29

The board shall submit annually to the _____ and _____, __ days after the Governor has submitted his budget to the General Assembly, a copy of the budget request for the upcoming fiscal year which the board previously submitted to the department (Section 3.4. Reports of the Board).

Answer 29

House, Senate Appropriations Committees, 15

Question 30

The board shall submit annually a report to the _____ and to the _____ containing a description of the types of complaints received, status of cases, board action which has bee taken and the length of time from the initial complaint to final board resolution (Section 3.4. Reports of the Board).

Answer 30

Professional Licensure Committee of the House of Representatives, Consumer Protection and Professional Licensure Committee of the Senate

Question 31

An applicant shall be qualified for a license to practice psychology after submission of proof satisfactory to the board that the applicant: (1) is of acceptable _____ character (Section 6. Qualifications for Licensure).

Answer 31

moral

Question 32

An applicant shall be qualified for a license to practice psychology after submission of proof satisfactory to the board that the applicant: (2) is either (i) a graduate of an accredited college or university holding a degree of Doctor of _____ in psychology, Doctor of _____, or Doctor of _____ in psychology and has not less than __ years of supervised experience, provided that such experience is acceptable to the board pursuant to criteria established by board regulations, or (ii) a graduate of an accredited college or university holding a doctoral degree in a field related to _____ and has not less than __ years of supervised experience, provided such experience and training are acceptable to the board as being equivalent to the above pursuant to criteria established by board regulations (Section 6. Qualifications for Licensure).

Answer 32

Philosophy, Psychology, Education, 2, psychology, 2

Question 33

An applicant shall be qualified for a license to practice psychology after submission of proof satisfactory to the board that the applicant: (3) has passed an _____ duly adopted by the board (Section 6. Qualifications for Licensure).

Answer 33

examination

Question 34

An applicant shall be qualified for a license to practice psychology after submission of proof satisfactory to the board that the applicant: (4) has paid all appropriate _____ in the amount determined by the board by regulation (Section 6. Qualifications for Licensure).

Answer 34

fees

Question 35

An applicant shall be qualified for a license to practice psychology after submission of proof satisfactory to the board that the applicant: (5) has not been convicted of a felony under the act of April 14, 1972, known as “The Controlled Substance, Drug, Device and Cosmetic Act,” or of an offense under the laws of another jurisdiction which if committed in this Commonwealth would be a felony under the act, unless (i) at least __ years have elapsed from the date of _____ (Section 6. Qualifications for Licensure).

Answer 35

10, conviction

Question 36

An applicant shall be qualified for a license to practice psychology after submission of proof satisfactory to the board that the applicant: (5) has not been convicted of a felony under the act of April 14, 1972, known as _____, or of an offense under the laws of another jurisdiction which if committed in this Commonwealth would be a _____ under the act, unless… (Section 6. Qualifications for Licensure).

Answer 36

“The Controlled Substance, Drug, Device and Cosmetic Act,” felony

Question 37

An applicant shall be qualified for a license to practice psychology after submission of proof satisfactory to the board that the applicant: (5) has not been convicted of a felony under the act of April 14, 1972, known as “The Controlled Substance, Drug, Device and Cosmetic Act,” or of an offense under the laws of another jurisdiction which if committed in this Commonwealth would be a felony under the act, unless (i) at least __ years have elapsed from the date of _____ (Section 6. Qualifications for Licensure).

Answer 37

10, conviction

Question 38

An applicant shall be qualified for a license to practice psychology after submission of proof satisfactory to the board that the applicant: (5) has not been convicted of a felony under the act of April 14, 1972, known as “The Controlled Substance, Drug, Device and Cosmetic Act,” or of an offense under the laws of another jurisdiction which if committed in this Commonwealth would be a felony under the act, unless (ii) the applicant satisfactorily demonstrates to the board that he has made significant progress in personal _____ since the conviction such that licensure of the applicant should not be expected to create a substantial risk of _____ to the health and safety of his patients or the public or a substantial risk of further criminal violations (Section 6. Qualifications for Licensure).

Answer 38

rehabilitation, harm

Question 39

As used in this clause the term _____ shall include a judgment, an admission of guilt or a plea of nolo contendere (Section 6. Qualifications for Licensure).

Answer 39

convicted

Question 39

An applicant shall be qualified for a license to practice psychology after submission of proof satisfactory to the board that the applicant: (5) has not been convicted of a felony under the act of April 14, 1972, known as “The Controlled Substance, Drug, Device and Cosmetic Act,” or of an offense under the laws of another jurisdiction which if committed in this Commonwealth would be a felony under the act, unless (iii) the applicant otherwise satisfies the _____ contained in or authorized b this act (Section 6. Qualifications for Licensure).

Answer 39

qualifications

Question 40

Each applicant shall submit an affidavit or affirmation of the applicant as to the _____ of the application. Any applicant who knowingly or willfully makes a false statement of fact in his application shall be subject to prosecution for perjury (Section 6. Qualifications for Licensure).

Answer 40

verity

Question 41

In case of failure at any examination, the applicant shall have the privilege of a _____ examination by the board with the payment of an additional fee. The board may adopt regulations governing the eligibility of applicants who have failed to pass two examinations in order to be admitted to subsequent examinations (Section 6. Qualifications for Licensure).

Answer 41

second

Question 42

The board may refuse to issue a license or may suspend, revoke, limit or restrict a license or reprimand a licensee for any of the following reasons: (1) failing to demonstrate the _____ or _____ for a license contained in this act or regulations of the board (Section 8. Refusal, Suspension or Revocation of for License).

Answer 42

qualifications, standards

Question 43

The board may refuse to issue a license or may suspend, revoke, limit or restrict a license or reprimand a licensee for any of the following reasons: (2) making misleading, deceptive, untrue or fraudulent _____ in the practice of psychology (Section 8. Refusal, Suspension or Revocation of for License).

Answer 43

representations

Question 44

The board may refuse to issue a license or may suspend, revoke, limit or restrict a license or reprimand a licensee for any of the following reasons: (3) practicing fraud or deceit in obtaining a _____ to practice psychology (Section 8. Refusal, Suspension or Revocation of for License).

Answer 44

license

Question 45

The board may refuse to issue a license or may suspend, revoke, limit or restrict a license or reprimand a licensee for any of the following reasons: (4) displaying gross _____, _____ or _____ in carrying on the practice of psychology. (Section 8. Refusal, Suspension or Revocation of for License).

Answer 45

incompetence, negligence, misconduct

Question 45

The board may refuse to issue a license or may suspend, revoke, limit or restrict a license or reprimand a licensee for any of the following reasons: (5) submitting a false or deceptive biennial _____ to the board (Section 8. Refusal, Suspension or Revocation of for License).

Answer 45

registration

Question 46

As used in this clause the term “convicted” includes a finding or verdict of _____, an admission of guilt or a plea of nolo contendere or receiving _____ without verdict, disposition in lieu of trial or an Accelerated Rehabilitative Disposition in the disposition of felony charges (Section 8. Refusal, Suspension or Revocation of for License).

Answer 46

guilt, probation

Question 46

The board may refuse to issue a license or may suspend, revoke, limit or restrict a license or reprimand a licensee for any of the following reasons: (6) being convicted of a _____ in any state or Federal court or being convicted of the equivalent of a _____ in any foreign country, or being convicted of a _____ in the practice of psychology (Section 8. Refusal, Suspension or Revocation of for License).

Answer 46

felony, felony, misdemeanor

Question 47

The board may refuse to issue a license or may suspend, revoke, limit or restrict a license or reprimand a licensee for any of the following reasons: (7) having a _____ to practice psychology suspended, revoked or refused or receiving other _____ action by the proper psychology licensing authority of another state, territory or country (Section 8. Refusal, Suspension or Revocation of for License).

Answer 47

license, disciplinary

Question 48

The board may refuse to issue a license or may suspend, revoke, limit or restrict a license or reprimand a licensee for any of the following reasons: (8) being unable to practice psychology with reasonable _____ and _____ by reason of illness, drunkenness, excessive use of drugs, narcotics, chemicals or any other type of material, or as a result of any mental or physical condition. In enforcing this clause, the board shall, upon probable cause, have authority to compel a psychologist to submit to a mental or physical _____ by a physician or a psychologist approved by the board. Failure of a psychologist to submit to such examination when directed by the board, unless such failure is due to circumstances beyond his or her control, shall constitute an _____ of the allegations against him or her, consequent upon which a default and final order may be entered without the taking of testimony or presentation of evidence. A psychologist affected under this clause shall at reasonable intervals, as determined by the board, be afforded an opportunity to demonstrate that he or she can resume a _____ practice of psychology with reasonable skill and safety (Section 8. Refusal, Suspension or Revocation of for License).

Answer 48

skill, safety, examination, admission, competent

Question 49

The board may refuse to issue a license or may suspend, revoke, limit or restrict a license or reprimand a licensee for any of the following reasons: (10) knowingly aiding, assisting, procuring or advising any _____ person to practice psychology, contrary to this act or regulations of the board (Section 8. Refusal, Suspension or Revocation of for License).

Answer 49

unlicensed

Question 49

The board may refuse to issue a license or may suspend, revoke, limit or restrict a license or reprimand a licensee for any of the following reasons: (9) violating a lawful _____ promulgated by the board, including, but not limited to, ethical regulations, or violating a lawful _____ of the board previously entered in a disciplinary proceeding (Section 8. Refusal, Suspension or Revocation of for License).

Answer 49

regulation, order

Question 50

The board may refuse to issue a license or may suspend, revoke, limit or restrict a license or reprimand a licensee for any of the following reasons: (11) committing _____ or _____ conduct. _____ conduct shall include any departure from, or failure to conform to, the standards of acceptable and prevailing psychological practice. Actual _____ to a client need not be established (Section 8. Refusal, Suspension or Revocation of for License).

Answer 50

immoral, unprofessional, unprofessional, injury

Question 51

The board may refuse to issue a license or may suspend, revoke, limit or restrict a license or reprimand a licensee for any of the following reasons: (12) _____ any engagement to perform professional services by any direct, in-person or _____ through the use of coercion, duress, compulsion, intimidation, threats, overreaching or harassing conduct (Section 8. Refusal, Suspension or Revocation of for License).

Answer 51

soliciting, uninvited soliciting

Question 52

The board may refuse to issue a license or may suspend, revoke, limit or restrict a license or reprimand a licensee for any of the following reasons: (13) failing to perform any statutory _____ placed upon a licensed psychologist (Section 8. Refusal, Suspension or Revocation of for License).

Answer 52

obligation

Question 53

The board may refuse to issue a license or may suspend, revoke, limit or restrict a license or reprimand a licensee for any of the following reasons: (14) intentionally submitting to any third-party payor a claim for a service or treatment which was not actually _____ to a client (Section 8. Refusal, Suspension or Revocation of for License).

Answer 53

provided

Question 54

The board may refuse to issue a license or may suspend, revoke, limit or restrict a license or reprimand a licensee for any of the following reasons: (15) failing to maintain professional _____ in accordance with regulations prescribed by the board (Section 8. Refusal, Suspension or Revocation of for License).

Answer 54

records

Question 55

When the board finds that the license or application for license of any person may be refused, revoked, restricted or suspended under the terms of subsection (a), the board may: (1) _____ the application for license (Section 8. Refusal, Suspension or Revocation of for License).

Answer 55

deny

Question 56

When the board finds that the license or application for license of any person may be refused, revoked, restricted or suspended under the terms of subsection (a), the board may: (2) administer a public _____ (Section 8. Refusal, Suspension or Revocation of for License).

Answer 56

reprimand

Question 57

When the board finds that the license or application for license of any person may be refused, revoked, restricted or suspended under the terms of subsection (a), the board may: (3) revoke, suspend, limit or otherwise _____ a license as determined by the board (Section 8. Refusal, Suspension or Revocation of for License).

Answer 57

restrict

Question 58

When the board finds that the license or application for license of any person may be refused, revoked, restricted or suspended under the terms of subsection (a), the board may: (4) require a licensee to submit to the care, counseling, or _____ of a physician or a psychologist designated by the board (Section 8. Refusal, Suspension or Revocation of for License).

Answer 58

treatment

Question 59

When the board finds that the license or application for license of any person may be refused, revoked, restricted or suspended under the terms of subsection (a), the board may: (5) suspend enforcement of its findings thereof and place a licensee on _____ with the right to vacate the probationary order for _____ (Section 8. Refusal, Suspension or Revocation of for License).

Answer 59

probation, noncompliance

Question 60

When the board finds that the license or application for license of any person may be refused, revoked, restricted or suspended under the terms of subsection (a), the board may: (6) _____ a suspended license to practice psychology and impose any disciplinary or corrective measure which it might originally have imposed (Section 8. Refusal, Suspension or Revocation of for License).

Answer 60

restore

Question 61

When the board finds that the license or application for license of any person may be refused, revoked, restricted or suspended under the terms of subsection (a), the board may: (7) take other action as the board in the board’s discretion considers _____, including precluding a suspended licensee from engaging in counseling or any other form of mental health practice (Section 8. Refusal, Suspension or Revocation of for License).

Answer 61

proper

Question 62

All actions of the board shall be taken subject to the right of notice, hearing and adjudication and the right of appeal therefrom in accordance with Title 2 of the _____ (relating to administrative law and procedure) (Section 8. Refusal, Suspension or Revocation of for License).

Answer 62

Pennsylvania Consolidated Statutes

Question 63

The board shall temporarily suspend a license under circumstances as determined by the board to be an immediate and clear _____ to the public health and safety. The board shall issue an order to that effect without a _____, but upon due notice to the licensee concerned at his or her last known address, which shall include a written statement of all _____ against the licensee. The provisions of subsection (c) shall not apply to temporary suspension (Section 8. Refusal, Suspension or Revocation of for License).

Answer 63

danger, hearing, allegations

Question 64

Within __ days following the issuance of an order temporarily suspending a license, the board shall conduct, or cause to be conducted, a preliminary hearing to determine that there is a _____ case supporting the suspension. The licensee whose license has been temporarily suspended may be present at the preliminary hearing and may be represented by counsel, cross examine witnesses, inspect physical evidence, call witnesses, offer evidence and testimony and make a record of the proceedings (Section 8. Refusal, Suspension or Revocation of for License).

Answer 64

30, prima facie

Question 64

The board shall thereupon commence _____ action to suspend, revoke or restrict the license of the person concerned as otherwise provided for in this act. All actions shall be taken promptly and without _____ (Section 8. Refusal, Suspension or Revocation of for License).

Answer 64

formal, delay

Question 65

If it is determined that there is not a prima facie case, the suspended license shall be immediately _____ (Section 8. Refusal, Suspension or Revocation of for License).

Answer 65

restored

Question 66

The temporary suspension shall remain in effect until vacated by the board but in no event longer than __ days (Section 8. Refusal, Suspension or Revocation of for License).

Answer 66

180

Question 67

A license issued under this act shall _____ be suspended upon the legal commitment of a licensee to an _____ because of mental incompetence from any cause upon filing with the board of a certified copy of such commitment, conviction of a felony under the act of April 14, 1972, known as “The Controlled Substance, Drug, Device and Cosmetic Act,” or conviction of an offense under the laws of another jurisdiction, which, if committed in Pennsylvania, would be a _____ under “The Controlled Substance, Drug, Device and Cosmetic Act.” Automatic suspension under this section shall not be stayed pending an _____ of conviction. _____ of such license shall be made as provided in this act for revocation or suspension of such license.(Section 8. Refusal, Suspension or Revocation of for License).

Answer 67

automatically, institution, felony, appeal, restoration

Question 68

Any disciplinary action taken in any other state, territory or country shall be reported to the board on the biennial registration application or within __ days of disposition, whichever is sooner (Section 8.1. Reporting of Multiple Licensure).

Answer 68

90

Question 69

Any licensed psychologist of this Commonwealth who is also licensed to practice psychology or another health profession in any other state, territory or country shall report this information to the board on the ____ registration application (Section 8.1. Reporting of Multiple Licensure).

Answer 69

biennial

Question 70

_____ licensure shall be noted by the board on the psychologist’s record, and such state, territory or country shall be notified by the _____ of any disciplinary actions taken against said psychologist in this Commonwealth (Section 8.1. Reporting of Multiple Licensure).

Answer 70

Multiple, board

Question 71

Any person who engages or offers to engage in the practice of psychology without holding a currently valid license as required by this act or any person or the responsible officer or employe of any corporation or partnership, institution or association who violates any of the provisions of this act or any rule or regulation of the board promulgated pursuant thereto, for a first offense shall be guilty of a _____ and upon conviction shall be sentenced to pay a fine of not more than __ dollars or undergo imprisonment of not more than __ months (Section 11. Penalties and Injunctions Against Unlawful Practice).

Answer 71

misdemeanor, $1000, 6

Question 72

…on each additional offense shall be subject to a fine of not less than __ dollars or imprisonment of not less than 6 months nor more than __ year, or both (Section 11. Penalties and Injunctions Against Unlawful Practice).

Answer 72

$2000, 1

Question 73

In addition to any other civil remedy or criminal penalty provided for in this act, the board, by a vote of the majority of the _____ number of the authorized membership of the board as provided by law, or by a vote of the majority of the duly qualified and confirmed membership or a minimum of __ members, whichever is greater, may levy a civil penalty of up to __ dollars on any current licensee who violates any provision of this act or on any person who practices psychology, as defined in this act, without being properly licensed to do so under this act (Section 11. Penalties and Injunctions Against Unlawful Practice).

Answer 73

maximum, 4, $1000

Question 74

The board shall levy this penalty only after affording the accused party the opportunity for a _____, as provided by Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure). All fines and civil penalties imposed in accordance with this act shall be paid into the _____ (Section 11. Penalties and Injunctions Against Unlawful Practice).

Answer 74

hearing, Professional Augmentation Account

Question 75

It shall be _____ for any person to practice or attempt to offer to practice psychology, as defined in this act, without having at the time of so doing a valid, unexpired, unrevoked and unsuspended license issued under this act (Section 11. Penalties and Injunctions Against Unlawful Practice).

Answer 75

unlawful

Question 76

The unlawful practice of psychology, as defined in this act, may be enjoined/prohibited by the courts on petition of the board or the Commissioner of Professional and Occupational Affairs. In any such proceeding it shall not be necessary to show that any person is individually _____ by the actions complained of (Section 11. Penalties and Injunctions Against Unlawful Practice).

Answer 76

injured

Question 76

If the respondent is found guilty of the unlawful practice of psychology, the court shall enjoin/prohibit him or her from so practicing unless and until he or she has been duly licensed. Procedure in such cases shall be the same as in any other injunction suit. The remedy by injunction hereby given is in addition to any other civil or criminal prosecution and punishment (Section 11. Penalties and Injunctions Against Unlawful Practice).

Question 77

The board shall have the authority to issue subpoenas, upon application of an attorney responsible for representing the _____ in disciplinary matters before the board, for the purpose of investigating alleged _____ of the disciplinary provisions administered by the board (Section 11.1. Subpoenas).

Answer 77

Commonwealth, violations

Question 78

The board shall have the power to subpoena _____, to administer _____, to examine _____ and to take such _____ or compel the production of such books, records, papers and documents as it may deem necessary or proper in, and pertinent to, any proceeding, investigation or hearing, held or had by it (Section 11.1. Subpoenas).

Answer 78

witnesses, oaths, witnesses, testimony

Question 78

The board is authorized to apply to _____ to enforce its subpoenas (Section 11.1. Subpoenas).

Answer 78

Commonwealth Court

Question 78

_____ may not be subpoenaed without consent of the patient or without order of a court of competent jurisdiction on a showing that the records are reasonably necessary for the conduct of the investigation (Section 11.1. Subpoenas).

Answer 78

Patient records

Question 79

The _____ may impose such limitations on the scope of the subpoena as are necessary to prevent unnecessary intrusion into patient confidential information (Section 11.1. Subpoenas).

Answer 79

court

Question 80

An _____ responsible for representing the Commonwealth in disciplinary matters before the board shall notify the board immediately upon receiving notification of an alleged violation of this act (Section 11.1. Subpoenas).

Answer 80

attorney

Question 81

The board shall maintain current _____ of all reports of alleged violations and periodically _____ the records for the purpose of determining that each alleged violation has been resolved in a timely manner (Section 11.1. Subpoenas).

Answer 81

records, review

Question 82

If any section of this act, or any part thereof, shall be adjudged by any court of competent jurisdiction, to be _____, such judgment shall not affect, impair or invalidate the remainder of any section or part thereof (Section 14. Severability).

Answer 82

invalid

Question 82

The board may recommend the granting of a license without _____ to any person who, at the time of application holds a _____ license or certificate issued by a board of psychologist examiners of any state, provided in the opinion of the board the requirements for such certification or licensure are substantially the equivalent of the requirements of this act (Section 12. Out-of-State Licensing)

Answer 82

examination, valid

Question 82

Provision shall be made for renewal of licenses on a _____ basis (Section 15. Renewal; Fees; Records).

Answer 82

biennial

Question 83

The board may require a designated number of hours of approved courses of _____ as a condition of biennial renewal. Such hours shall be determined by the board by regulation. No credit shall be given for any course in _____ or _____ (Section 15. Renewal; Fees; Records).

Answer 83

continuing education, office management, practice building

Question 83

The fee for _____ of license shall be an amount as specified by the board by regulation (Section 15. Renewal; Fees; Records).

Answer 83

renewal

Question 84

Unless ordered to do so by _____ or an _____ therefrom, the board shall not reinstate the license of a person to practice psychology pursuant to this act, which has been revoked (Section 16. Reinstatement of License).

Answer 84

Commonwealth Court, appeal

Question 84

A record of all psychologists licensed to practice in Pennsylvania shall be kept in the office of the _____. A duplicate record shall be kept by the board and made available to the _____ in such manner as it deems appropriate (Section 15. Renewal; Fees; Records).

Answer 84

commissioner, public

Question 84

The board shall require a person whose license or registration has been suspended or revoked to _____ the license or registration in such manner as the board directs. Failure to do so shall be a _____ of the _____ degree (Section 17. Surrender of Suspended or Revoked License).

Answer 84

return, misdemeanor, third

Question 85

Any person whose license has been _____ may apply for reinstatement, after a period of at least __ years, but must meet all of the licensing qualifications of this act for the license applied for, to include the examination requirement, if he or she desires to practice at any time after such revocation (Section 16. Reinstatement of License).

Answer 85

revoked, 5

Question 86

The board may defer and ultimately dismiss any of the types of corrective action set forth in this act for an impaired professional so long as the professional is progressing satisfactorily in an approved treatment program, provided that the provisions of this subsection shall not apply to a professional… (2) (Section 18. Impaired Professional).

Answer 86

1. Convicted of a felonious act prohibited by the act of April 14, 1972, known as “The Controlled Substance, Drug, Device and Cosmetic Act”
2. Convicted of, pleaded guilty to or entered a plea of nolo contendere to a felony relating to a controlled substance in a court of law of the United States or any other state, territory or country

Question 86

The board, with the approval of the Commissioner of Professional and Occupational Affairs, shall appoint and fix the compensation of a ____ who is a licensee of the board, or such other professional as the board may determine, with education and experience in the identification, treatment and rehabilitation of persons with physical or mental impairments (Section 18. Impaired Professional).

Answer 86

professional consultant

Question 87

Such [professional] consultant shall be accountable to the board and shall act as a liaison between the board and _____, such as alcohol and drug treatment programs licensed by the Department of Health, psychological counseling and impaired professional support groups, which are approved by the board and which provide services to _____ under this act (Section 18. Impaired Professional).

Answer 87

treatment programs, licensees

Question 88

An approved program provider shall, upon request, disclose to the _____ such information in its possession regarding any impaired professional in treatment which the program provider is not prohibited from disclosing by an act of this Commonwealth, another state or the United States (Section 18. Impaired Professional).

Answer 88

consultant

Question 89

Such requirement of disclosure by an approved program provider shall apply in the case of impaired professional… (3) (Section 18. Impaired Professional).

Answer 89

1. Enter an agreement in accordance with this section
2. Are the subject of a board investigation or disciplinary proceeding
3. Voluntarily enter a treatment program other than under the provisions of this section but who fail to complete the program successfully or to adhere to an after-care plan developed by the program provide

Question 90

An impaired professional who enrolls in an approved treatment program shall enter into an agreement with the board under which the professional’s license shall be _____ or _____… (Section 18. Impaired Professional).

Answer 90

suspended, revoked

Question 90

… but enforcement of the suspension or revocation may be stayed for the length of time the professional… (3) (Section 18. Impaired Professional).

Answer 90

1. Remains in the program and makes satisfactory progress
2. Complies with the terms of the agreement
3. Adheres to any limitations on his practice imposed by the board to protect the public

Question 91

Failure to enter into such an agreement shall _____ the professional from the impaired professional, program and shall activate an immediate _____ and disciplinary proceeding by the board (Section 18. Impaired Professional).

Answer 91

disqualify, investigation

Question 92

If, in the opinion of the consultant after consultation with the provider, an impaired professional who is enrolled in an
approved treatment program has not progressed satisfactorily, the consultant shall disclose to the _____ all information in his possession relevant to the issue of _____ regarding said professional, and the board shall institute proceedings to determine if the stay of the enforcement of the suspension or revocation of the impaired professional’s license shall be _____ (Section 18. Impaired Professional).

Answer 92

board, impairment, vacated

Question 93

An approved program provider who makes a disclosure pursuant to this section shall not be subject to _____ for such disclosure or its consequences (Section 18. Impaired Professional).

Answer 93

civil liability

Question 94

That any person or facility who acts in a treatment capacity to an impaired professional in an approved treatment program is _____ from the mandatory reporting requirements of this subsection (Section 18. Impaired Professional).

Answer 94

exempt

Question 95

Any hospital or health care facility, peer or colleague who has substantial evidence that a professional…(3)… shall make or cause to be made a report to the board (Section 18. Impaired Professional).

Answer 95

1. Has an active addictive disease for which the professional is not receiving treatment
2. Is diverting a controlled substance
3. Is mentally or physically incompetent to carry out the duties of his or her license

Question 95

Any person or facility who reports pursuant to this section in good faith and without malice shall be _____ from any civil or criminal liability arising from such report (Section 18. Impaired Professional).

Answer 95

immune

Question 96

Failure to provide such report within a reasonable time from receipt of knowledge of _____ shall subject the person or facility to a fine not to exceed one __ dollars. The board shall levy this penalty only after affording the accused party the opportunity for a hearing, as provided in _____ (relating to administrative law and procedure) (Section 18. Impaired Professional).

Answer 96

impairment, $1000, Title 2 of the Pennsylvania Consolidated Statutes

Question 97

This act, with respect to the State Board of Psychologist Examiners, shall constitute the _____ required to reestablish an agency pursuant to the act of December 22, 1981, known as the Sunset Act (Section 15).

Answer 97

legislation

Question 98

The presently confirmed members of the State Board of Psychologist Examiners constituted under section 476.1 of the act of April 9, 1929, known as The Administrative Code of 1929, as of the effective date of this act, shall continue to serve as board members until their present terms of office _____, provided that any present board member whose term has expired on or before the effective date of this act shall serve until a successor has been appointed and qualified but no longer than __ months after the effective date of this act (Section 17).

Answer 98

expire, 6

Question 99

Each _____ and _____ of the board in effect on the effective date of this act, and not inconsistent with this act, shall remain in effect after such date until repealed or amended by the board, provided that the board shall immediately initiate the repeal or amendment of any rule or regulation which is inconsistent with the provisions of this act. Each _____ of the board in effect on the effective date of this act, and not inconsistent with this act, shall remain in effect after such date until repealed or amended in accordance with the provisions of this act (Section 18).

Answer 99

rule, regulation, fee

Question 100

Any person who holds a valid license issued by the _____under the act of March 23, 1972, referred to as the Psychologists License Act, relating to the practice of psychology, prior to the effective date of this amendatory act shall, on and after the effective date hereof, be deemed to be licensed by the State Board of Psychology as provided for in this amendatory act (Section 19).

Answer 100

State Board of Psychologist Examiners

Question 101

Act of March 23, 1972 is referred to as the…

Answer 101

Psychologists License Act

Question 102

Act of December 22, 1981 is known as the…

Answer 102

Sunset Act

Question 103

Act of April 9, 1929 is known as the…

Answer 103

The Administrative Code of 1929

Question 104

Act of June 25, 1982 is known as the…

Answer 104

Regulatory Review Act

Question 105

Act of April 14, 1972 is known as the…

Answer 105

The Controlled Substance, Drug, Device and Cosmetic Act