PROPOSED RULEMAKING
STATE BOARD OF PSYCHOLOGY
[49 PA. CODE CH. 41]
Notice Requirements
[34 Pa.B. 60] The State Board of Psychology (Board) proposes to add §§ 41.91 and 41.92 (relating to reporting of crimes and disciplinary actions; and notice of active suspension or revocation) to read as set forth in Annex A.
A. Effective Date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin.
B. Statutory Authority
The amendments are proposed under the authority of sections 3.2(2), 8(a)(6)--(8), 8.1, 11(c) and 17 of the Professional Psychologists Practice Act (act) (63 P. S. §§ 1203.2(2), 1208(a)(6)--(8), 1208.1, 1211(c) and 1217).
C. Purpose and Background
Sections 8(a)(6)--(8) of the act authorize the Board to discipline licensees who have been convicted of or plead guilty or nolo contendere to a felony or misdemeanor in the practice of psychology; have been disciplined by the licensing authority of another state, territory or country; or are unable to practice with reasonable skill and safety by reason of illness, drunkenness, excessive use of drugs, narcotics, chemicals or any other type of material. However, there is no provision in the Board's regulations that requires licensees to report pleas or convictions to the Board in advance of biennial renewal. It may be almost 2 years before the Board first learns of the conviction. Similarly, although section 11(c) of the act requires licensees to return suspended and revoked licenses to the Board, there is no provision in the Board's regulations which requires that they be returned within a specified time.
Additionally, although section 8.1 of the act prohibits suspended and revoked licensees from providing service that falls within the practice of psychology, section 3 of the act (63 P. S. § 1203) carves out numerous exemptions for licensure, including one for qualified members of other recognized professions. A suspended or revoked psychologist may continue to provide similar services to clients/patients under another title without any interruptions. The Board believes that to properly protect the clients/patients of suspended or revoked licensees, the licensees shall advise their clients/patients of the disciplinary action so that the clients/patients can make an informed decision whether to continue treatment with the provider.
D. Description of Proposed Rulemaking
1. Reporting of crimes and disciplinary actions
Proposed § 41.91(a) requires licensees who have been convicted of or pleaded guilty or nolo contendere to a felony or misdemeanor to notify the Board of the action within 30 days of the verdict or plea or on the biennial renewal application, whichever is sooner. In requiring that all misdemeanors be reported, the Board recognizes that it may only take disciplinary action against a licensee where the misdemeanor involves the practice of psychology or where the misdemeanor evidences that the licensee is unable to practice with reasonable skill and safety by reason of illness, drunkenness, excessive use of drugs, narcotics, chemicals or any other type of material. Under this proposed rulemaking, summary offenses would not have to be reported.
Proposed § 41.92(b) tracks the language of section 8(a)(7) of the act in connection with disciplinary actions taken by other jurisdictions. Licensees would be required to report those disciplinary actions within 30 days or on the biennial renewal application, whichever is sooner.
2. Notice of active suspension or revocation
In addition to requiring licensees who have been actively suspended or revoked to return their license to the Board within 30 days, proposed § 41.92 would require these licensees to advise their current clients/patients of the disciplinary action in writing.
E. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on December 17, 2003, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Consumer Protection and Professional Licensure Committee and the House Professional Licensure Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
F. Fiscal Impact and Paperwork Requirements
The proposed rulemaking should have no fiscal impact on the Commonwealth, its political subdivisions or the public. The proposed rulemaking will cause additional reporting and other paperwork requirements on those licensees who are disciplined by the Board in that they will be required to notify their patients of the Board's disciplinary action. Because the act currently requires all licensees to report nolo or guilty pleas and licensees with multiple licenses to report discipline taken in other states, there are no new legal, reporting or other paperwork requirements on these licensees.
G. Public Comment
Interested persons are invited to submit written comments, recommendations or objections regarding this proposed rulemaking to Judith Pachter Schulder, Counsel, State Board of Psychology, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.
ALEX M. SIEGEL, Ph.D., J.D.,
ChairpersonFiscal Note: 16A-6314. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND
VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND
OCCUPATIONAL AFFAIRS
CHAPTER 41. STATE BOARD OF PSYCHOLOGY
NOTICE REQUIREMENTS § 41.91. Reporting of crimes and disciplinary actions.
(a) A licensee shall notify the Board of having been convicted of, or having pleaded guilty or nolo contendere to, a felony or misdemeanor, within 30 days of the conviction, verdict or plea.
(b) A licensee shall notify the Board of disciplinary action in the nature of a final order taken against the licensee by the licensing authority of another state, territory or provincial board of psychology within 30 days of receiving notice of the disciplinary action, or on the biennial renewal application, whichever is sooner.
§ 41.92. Notice of active suspension or revocation.
A licensee whose license has been actively suspended or revoked by the Board shall return the suspended or revoked license to the Board and notify all current clients/patients of the disciplinary action in writing within 30 days of receiving notice of the disciplinary action. The notice shall contain the following:
(1) The sanction imposed.
(2) The effective date and length of the sanction.
(3) The nature of the violation.
(4) A statement that the licensee will assist patients in obtaining alternative professional resources and in transferring psychological records.
[Pa.B. Doc. No. 04-18. Filed for public inspection January 2, 2004, 9:00 a.m.]
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