The Act Flashcards
Section 1 - Declaration of Policy
What is the goal of the Professional Psychologists Practice Act
To protect public safety, and interest (via providing regulations and controls) from:
- unprofessional
- improper
- unauthorized
- unqualified
- poor conduct
Section 2 - Definitions
Board (who are they? What is the official name of the board and where are they located?)
State Board of Psychology in Dept of State
Section 2 - Definitions
Commissioner
Commissioner of professional and Occupational Affairs in the Department of State
Section 2 - Definitions
Person
An:
- Individual
- Corporation
- Partnership
- Association
- Unincorporated Organization
- Government or Political Subdivision
- Agency (or related instrument)
Section 2 - Definitions
Practice of Psychology - What do we do as psychologists?
We perform evaluations (intelligence, personality, aptitude, etc), explore and improve mental well-being, diagnose, remediate, provide psychoeducation etc.
Section 2 - Definitions
What defines psychological measuring and testing? What categories are they related to?
Psychological Assessment for individuals or groups.
- Related to attitudes, aptitudes, achievement, adjustment, motives, personality, etd.
Section 2 - Definitions
What do we mean by psychological methods?
Treatment methods
Section 2 - Definitions
What’s considered Consultation
- Interpreting and Reporting Information from an Assessment or Research
- Expert Witnessing and Opinion
- Researching
Section 3 - Necessity for License
Definition
You must be licensed to practice psychology in any public or private domain.
Section 3 - Necessity for License
Exceptions to the Necessity (e.g. If you are not, by declaration of the state of PA, a Psychologist in this state)
Can consider your work psychology or psychological if you are:
Can consider your work psychology or psychological if:
- Licensed in a healing profession (e.g. MFT, Counseling, Social Work, Drug/ETOH counselors, etc.)
- Employed as Psychologist by Federal Agency, Department of Corrections, Dept of Human Services
- Employed by a public/private school as school psychologists
- Do assessments and evaluations (under the supervision of a psychologist)
- a Psychology Trainee (under supervision of a psychologist)
- Hold a license in another jurisdiction
- Applying principles to employment placement, evaluation, selection, promotion or job adjustment of their own officers or employees or those of any associated organization
- Do clerical/administrative work under supervision of a psychologist
Section 3 - Necessity for License
Education Specialist I/II
Can do psychological work in private practice if:
- you have the certification on/before June 30, 2017 (via Department of Education)
- you have the certification on/before June 30, 2018 (via a specialty program)
- employed by public/private school or a Dept of Education-sponsored program in PA
- Have a Dept of Education-issued certification that is in good standing.
Section 3.1 - State Board of Psychology
Composition of the Board
9 Members (residents of PA for 3+ years):
- 8 appointed by Governor and Senate (Upon consent of the PA State)
- 1 = Commissioner of Professional and Occupational Affairs
Of the members:
- 2 = representatives of the public
- 6 = Must be licensed to practice in PA; have be reflective of the different areas of psychology
Section 3.1 - State Board of Psychology
Term Length
How long is a successor supposed to serve? Under what circumstances?
4 Years (+ 6 months if successor is not found in time)
Successor is appointed to serve remainder of the term in the case of:
- Death
- Resignation
- Disqualification
Section 3.1 - State Board of Psychology
What is a Quorum
The majority of the board members who conduct board business
- Must always be present, otherwise not a part of the quorum.
Section 3.1 - State Board of Psychology
Payment
- how much do the members get?
- how much does the commissioner get?
$60 per diem
- Commissioner gets none
- Given amount considered reasonable for traveling (distance traveled, hotel, other necessities) when needed
Section 3.1 - State Board of Psychology
Sunset Act
Board must be evaluated and reviewed and “re-established” , or be terminated, within a finite amount of time.
Section 3.1 - State Board of Psychology
Administrative Code of 1929
How many training seminars must you attend? What happens if you miss them?
Must attend two consecutive mandate training seminars or forfeit your place on the Board unless you have written request (by Commissioner) or excuse to miss due to tragedy.
Section 3.1 - State Board of Psychology
Meeting
How often do they meet?
Meet 6+ times a year to conduct business of the board.
- Failure to attend 3 consecutive meetings without cause or reason means you forfeit your place on the Board.
Section 3.2 - Powers of the Board
- Approve or reject applications for Licensure/Renewal
- Set AND adjust guidelines by which an applicant can gain licensure
- Can set and adjust guidelines of the ACT and CODE to improve the effect of the Act.
- Regulate and/or limit new and renewed licenses (and conduct hearings related to this)
- Conduct hearings related to any complaints/violations received by the board.
- Impose prosecution, civil penalties as a result of said violations.
- Employ a professional credentials evaluator to review applications.
- Waive examination requirement and grant licensure in cases deemed exceptional by the board.
Section 3.3 Fees, Fines, and Civil Penalties
According to the Regulation Review Act, how much money must the Board have?
- all fee/fines/civil penalties must be enough to meet expenditures over 2 years, must be increased if they do not.
Section 3.3 Fees, Fines, and Civil Penalties
Professional Licensure Augmentation Account
Location of all fees, fines, and civil penalties.
Section 3.4 (Annual) Reports of the Board
What reports must you make:
To the Department of State
budget of all financial requirements for
- administrative
- investigative
- legal
- miscellaneous expenses.
Section 3.4 (Annual) Reports of the Board
What report must you make:
To the House and Senate Appropriations Committees
When do you do this?
You must send in your budget for operations (based on the The Dept of State Budget)
- Sent 15 days after Governor submits his budget to the General Assembly
Section 3.4 (Annual) Reports of the Board
Who do you report all pending/resolved complaints and cases to? What do you include?
Report to
1 - the Professional Licensure Committee (House)
2 - the Consumer Protection and Professional Licensure Committee (Senate)
The Reports must include:
- Time complaint was received
- Time it was resolved.
Section 6 - Qualifications for Licensure
What are the qualifications for licensure under the Act (6 main elements)
Evidence of:
- Acceptable moral character
- Graduate Degree (PhD, PsyD, EdD) from accredited university or college (or field related to psychology)
- 2+ years of supervision in psychology or field comparable to psychological training.
- Passing National and State Licensures
- Fees Paid
- No Felony Conviction under Controlled Substance, Drug, Device and Cosmetic Act
Section 6 - Qualifications for Licensure
if Convicted under Controlled Substance, Drugs, Device, and Cosmetic Act, what are the conditions that would allow you to regain your license
In order to be licensed:
- 10 years must have passed from date of conviction.
- Must demonstrate that you are rehabilitated and that you’re not a future risk or liability
- Satisfied all other qualifications for licensure.
Section 6 - Qualifications for Licensure
Definition of Convicted (under the Act)
- Judgment
- Admission of Guilt
- Or Plea of nolo contendere (accepts punishment, but doesn’t confirm or deny the charges)
Section 8 - Refusal, Suspension or Revocation of License
What are reasons for the Board to Refuse, Suspend, or Revoke
- Failure to demonstrate qualifications for licensure.
- Making misleading/deceptive professional statements
- Fraud in practice
- Incompetence
- Misconduct
- Submitting false renewal registration
- Conviction
- Physical or Mental Impairment that disrupts ability to practice
- Violation of any part of the Act/Code
- Aiding Unlicensed providers to practice independently
- Uninvited, coercive solicitation
Section 8 - Refusal, Suspension or Revocation of License
What actions can the Board take if you are demonstrating unethical behavior?
They can
- Issue a reprimand
- Revoke, suspend, or limit or restrict your practice/license
- Require you to go to treatment
- Probation
- Restore License if criteria are met while imposing disciplinary or corrective measures it may have originally imposed
- Do anything else they deem necessary to protect the public and profession.
Section 8 - Refusal, Suspension or Revocation of License
What is Title 2 of the Pennsylvania Consolidated Statutes (Administrative Law and procedure),
The right of notice, hearing, adjudication, and the right of appeal
Section 8.1 - Reporting of Multiple Licensure
When must you report multiple licenses?
What happens when disciplinary action is taken in another location?
You have to tell the board if you are licensed in other states, territories, or countries.
If disciplinary action is taken in other locations, it has be reported
- When you renew
- Within 90 days of disposition
Whichever is sooner.
Section 11 - Penalties and Injunctions Against Unlawful Practice
How much are you fined for unlawful practice? For the second offense?
How much time can you spend in jail?
- $1000 (or less; first offense)
- Or 6 Months in Jail
- $2000+ (Every new offense)
- Or 6 months in jail
Section 11 - Penalties and Injunctions Against Unlawful Practice
Professional Augmentation Account
Collects the fines and fees
Section 11 - Penalties and Injunctions Against Unlawful Practice
What are the possible punishments for unlicensed practice in the state of PA
- Can be judged by the Commissioner; Commissioner does not need to show that harm was done, just that they practiced
- Can have the unlicensed provider stop practicing until they are duly qualified.
Section 11.1 - Subpoenas
What is the point of a subpoena?
via attorney, the subpoena allows the board to investigate any alleged violations of the Act and Code.
Section 15 - Renewal; Fees; Records
How often do you have to renew and what is the process?
Renew on biennial basis on odd-numbered years. Complete all requirements and CEUs.
Section 16 - Reinstatement of License
When can you apply to have your license reinstated if your license is revoked? What requirements must you meet?
If a license is revoked, you can apply for reinstatement after 5 years, but must meet all licensing requirements including an examination.
Section 17 - Surrender of Suspended or Revoked License
What do you do to surrender your license? What control does the board have if it isn’t returned?
The Board can require a person to return their licenses however the board dictates.
- If the licensee does not surrender their license, then they can be charged with a 3rd degree misdemeanor.
Section 18 - Impaired Professional
What are some of the Board’s rights when interacting with an impaired professional?
- Hire a licensed consultant to act as liaison between board and an approved treatment program.
- They can defer or dismiss any type of corrective actions for the impaired professional if their treatment is going well.
- The consultant can have the program disclose the progress of the impaired profession (within reason)
- Can begin disciplinary proceedings, or altogether revoke a license, if the impaired professional does not agree to attend the treatment program.
Section 2 - Definitions
Practice of Psychology -
What are the domains psychologists work in?
- Applying the principles of psychology (Physio, Cognitive, Clinical, Abnormal, etc) in
Section 2 - Definitions
Practice of Psychology -
What settings do we work in?
What populations do we work with?
clinical/counseling settings (e.g. UCCs, hospitals, schools, assessment centers, etc)
with different populations (e.g. families, groups, organizations etc.)
Section 18 - Impaired Professional
How much can we fine an employee for not reporting an impaired professional
Fine a colleague or org $1000 if they failed to report an impaired professional for their behavior or if they made a false report.
who does the board report to
- Dept of State
- House and Senate appropriations committee
- House professional licensure
- Senate consumer protection and professional licensure committee
Section 18 - Impaired Professional
when do we report to the board?
when the psychologist is
- addicted to a substance
- mentally cannot carry out duties
- physically incapable of carrying out duties
What is the basic purpose of the PPPA?
To protect the public and ensure its welfare by any means necessary
What do we do if a client requires help that falls outside of our scope of practice?
We refer out
Beyond simply being licensed, under what other exceptional circumstances can you call yourself a psychologist?
What is your scope of practice?
If it’s a part of your official title in:
- Fed Agency
- Dep of Corrections
- Dep of Human Services
- Certified/Employed as a School Psychologist in a public/private PA school or facility
- Certified as a school psychologist as part of an educational program as Dep of Education
In clinical work and assessments, What does the phrasing “under the direction of a licensed psychologist” mean? (3 main points)
A psychologist must review each test, assessment selected, administered, scored, and interpreted by the employee
They have to cosign the report
They have the professional responsibility of the selection, scoring, administration, and interpretation
Under the Act, non licensed employees of Dept of Corrections and Dept of Human Services doing psychology work are exempt from provisions under what circumstances?
They have to be supervised/be under the direction of a licensed psychologist.
When can the board refuse a temporary license to a psychologist licensed in another state?
if the psychologist is the subject of past or pending disciplinary action in another jurisdiction
In what ways can employees of business and industrial organizations apply principles of psychology (without being under the supervision of a licensed psychologist)
employment placement evaluation selection promotion job adjustment of their officers/employees or any other associated organizations.
What are businesses and industrial organizations prohibited from doing
They cannot sell/offer to the public/individuals/firms/corporations for payment:
- any acts/services as part of the practice of psychology
When can a business or industrial org offer psych services to the public/other businesses?
When the services are performed by psychologists or other licensed provides capable of providing psychological work
Clerical/Administrative employees are able to perform all duties incidental/necessary to the psychologist’s job if…
All acts are under the supervision of the licensed psychologist and the employee does not assume any independent practice.
In additional to clerical/administrative employees, the psychologist can hire (and must therefore supervise)
- Psychology trainees
- employees with graduate training in psychology (see other healthcare providers in fields related to psychology)
How often must the board select
- Chairperson and Vice chairperson of the board
- Secretary (do they have to be a member of the board? Who approves this?)
- Annually
- The Secretary does not need to be a member of the board.
- If the secretary is not a board member, then it must be approved by the commissioner.
What happens if you miss __ (#) board meetings?
- Failure to attend 3 consecutive meetings without cause or reason means you forfeit your place on the Board.
What can the Bureau of Professional and Occupational Affairs determine if the Board’s fees do not meet the set standard of the Act?
They can increase the fees to an amount that’s adequate enough to meet the expectation.
Section 6 - Qualifications for Licensure
if Convicted under Controlled Substance, Drugs, Device, and Cosmetic Act, what must you demonstrate to the board (3 main points)
You must demonstrate:
- Satisfactory progress made in personal rehabilitation (since conviction)
- That you’re not a risk to the health and safety of future clients or the public
- That you’re not a substantial risk of committing any future criminal violations.
Under Section 9 - Qualifications for licensure, what constitutes perjury? What are the consequences?
If you knowingly submit a false affidavit or affirmation testifying to the validity of the application
If caught, you can persecuted.
What happens if you fail an examination?
You have the privilege of the second exam with an additional fee.
The board then has to determine your eligibility if you fail two examinations in order to be approved for future examinations.
Within the purview of the Board, What are the consequences for failing your duty to report?
You can have your license revoked, suspended, or refused
Within the purview of the board, if you intentionally submit a claim (to a third party payor) for services not rendered, what can happen?
You can have your license revoked, suspended, or refused
What can happen if you fail to maintain adequate records
You can have your license revoked, suspended, or refused
If your license is TEMPORARILY suspended due to immediate and clear danger to public welfare what can happen first?
Is your right to title 2 in effect?
- The board will write a letter of censure to the applicant without a hearing (it will be sent to the last known address and is a letter of charges)
- Title 2 is not in effect, so they can proceed to restrict, suspend, or revoke your license (immediately and without delay)
-
After your license has been temporarily suspended:
- when will there be a hearing?
- What is a prima facie case? Is it required for the ruling to stand?
- What happens if it is determined that there is a prima facie case?
- Within 30 Days of the suspension
- Prima Facie = A case with evidence, so it is important to the judgment to determine what to do.
- If it is a Prima Facie case, then the license remains suspended, or can be revoked or refused.
What can a licensee on trial with the Board do?
- They have a right to be present at the hearing.
- Be represented by counsel
- Cross examine witnesses
- Inspect physical evidence
- Call witnesses,
- offer evidence and testimonies
- make record of proceedings.
If a license is committed to an institution due to mental incompetence, what happens to their licensed?
It is automatically suspended
Section 11.1 - Subpoenas
What can the board do with a subpoena?
- Summon witnesses
- administer oaths
- examine witnesses
- take testimony/compel the production of books, records, papers, documents (as it deems necessary) necessary and related to the hearing/investigation
Section 11.1 - Subpoenas
with regard to client records, what is the board unable to do with a subpoena?
- Patient Records cannot be subpoenaed WITHOUT CLIENT CONSENT.
Section 11.1 - Subpoenas
What does the board need to do to gain access to client records?
- Client consent
- Court order of a court within the pertinent jurisdictions
- If court ordered, it needs to be deemed necessary to the investigation to see client records.
Section 11.1 - Subpoenas
What can the court do regarding the scope of the subpoena?
The court can limit the scope of the subpoena as necessary and restrict intrusion to client confidentiality
Section 11.1 - Subpoenas
Who is the board authorized to apply to in order to enforce its subpoenas?
The commonwealth court
Section 11.1 - Subpoenas
What’s the attorney’s role while representing PA before the board?
What is the board’s responsibility in response to the attorney?
They notify the board immediate when they receive notice of a violation of the Act.
The Board has to maintain current records of all reports of alleged violations.
The Board has to review the records to determine that each violation has been resolved in a timely manner.
14 - Severability
What is this clause?
If the court decides that any section of this act is invalid, it will not impact any other section or part of a section unless explicitly stated.
15 - Renewal, Fees, Records
What courses do not qualify for CEUs?
- Office Management
- Practice Building
15 - Renewal, Fees, Records
Does the board keep a record of all practicing psychologists in PA?
Who keeps said record? Where? is it Public?
Yes
Kept in the Commissioner’s office.
A duplicate record is kept via the board.
It is made public ONLY when deemed necessary.
Section 18 - Impaired Professional
What is the goal of the professional consultant? What are their qualifications?
The Consultant is a licensee of the board or professional that is approved by the board.
They are accountable to the board and act as a liaison between the board and treatment programs.
Section 18 - Impaired Professionals
What type of services are approved by the board and provided to impaired licensees?
- etoh and drug treatment programs licensed by Dept of Health
- counseling
- impaired professional support groups)
Section 18 - Impaired Professionals
What are the professional consultant’s qualifications?
The Consultant has training in the identification, treatment, and rehabilitations of people with physical/mental impairments.
Section 18 - Impaired Professionals
The board can defer and dismiss correction action against an impaired professional if they’re meeting their goals in treatment. When is this not applicable?
When the professional is convicted of a felonious act under “The Controlled Substance, Drug, Device, and Cosmetic Act”
Section 18 - Impaired Professionals
When does the approved program provider disclose licensee progress to the consultant?
What information is disclosed?
- Upon request
- Any information about a licensee in the program that is not prohibited by PA, another state, or the US
Section 18 - Impaired Professionals
When does disclosure by approved program provider apply?
- Upon request
- Upon agreement by licensees who enter into agreement in accordance to the section on impaired professionals
- When related to Impaired professionals who are the subject of investigation by the board
- when Impaired professionals who voluntarily enter a treatment program (other than ones identified within section 18)and fail to complete the program successfully
- When impaired professionals fail to adhere to an after-care plan developed by the program provider.
Section 18
What are the consequences of an impaired professional who fails to enter into agreement with the Board, the Act and Section 18?
They can be rejected from entering into an impaired professional program
And then they can be the subject of an immediate investigation and disciplinary action by the board.
Section 18
What can a consultant do if it is determined (in conjunction with the program) that the licensee is not making progress?
The consultant can tell the board all relevant details detailing the licensee’s progress related to the impairment.
Section 18
What can the board do if it is determined that the licensee is not making progress in their treatment?
They can institute proceedings to determine if the stay of enforcement of the suspension or revocation of the impaired professional’s license shall be vacated.
Section 18
What are the consequences if an approved program provider makes disclosure to the consultant?
Nothing; they will not be subject to civil liability for disclosures or its consequences.
Section 18
What substantial evidence is required in order for a hospital, health care facility, peer, or colleague to make/cause a report to be made to the board?
There must be SUBSTANTIAL EVIDENCE that the licensee:
- has an ACTIVE addictive disease and not receiving treatment for it.
- Diverting a controlled substance
- MENTALLY/PHYSICALLY INCOMPETENT to carry out services/duties of their license
Section 18
- Is anyone who is treating the impaired professional in an approved setting mandated to report said impaired professional to the board?
No
They are exempt from mandatory reporting requirements of this subsection.
Section 18
What happens if someone reports an impaired professional in good faith?
They’re immune from any civil or criminal liability arising from the report.
Section 18
What happens if someone does not report the impaired professional in a timely manner? Can it be levied? When?
The person or facility can be subjected to a $1000 fine.
it can be levied only after the accused party is given an opportunity for a hearing (under title 2).
