PROPOSED RULEMAKING
STATE BOARD OF PSYCHOLOGY
[49 PA. CODE CH. 41]
Continuing Education
[26 Pa.B. 2819] The State Board of Psychology (Board) proposes to amend § 41.59 (relating to continuing education) to read as set forth in Annex A.
The purpose of the proposal is to amend the existing continuing education requirements for biennial renewal to give psychologists more flexibility in their choice of continuing education programs and to expand the opportunities for meeting the requisite contact hours for continuing education credit.
The existing provisions of § 41.59 were adopted by the Board on June 13, 1992 (22 Pa.B. 2982). Since that date, the Board has evaluated the effectiveness of the regulation. Also, a number of licensed psychologists subject to the regulation have offered comments and suggestions on how to improve the regulation for the betterment of the profession.
Following is a summary of the proposed amendment:
§ 41.59. Continuing education.
(b) Continuing education requirement for biennial renewal.
Language is proposed to be added to subsection (b) to require psychologists to obtain at least 3 contact hours of continuing education per biennium in ethical issues. A significant percentage of consumer complaints which are filed against licensed psychologists (approximately 66.66%) are focused on ethical issues. With this proposal, the Board hopes to increase psychologists' understanding of ethical issues as they develop in today's practice and thereby reduce the number of complaints which result from ethical infractions.
The Board also proposes to delete obsolete language relative to 1993 renewals under paragraph (1), and to eliminate paragraph (2). As amended, the language originally appearing in paragraph (2) will appear under subsection (b), with one exception. The Board proposes to allow up to 10 contact hours in excess of 30 from the preceding biennium to be carried over from one biennium to the next. This proposed amendment is responsive to comments received from several psychologists opining that contact hours in excess of 30 for the preceding biennium should be able to be carried forward and credited toward the next renewal period.
(c) Reports to the Board.
The Board proposes to delete the requirement under subsection (c) that psychologists list, at the time of biennial renewal, the continuing education courses or programs attended. This information is now required only from psychologists who are randomly selected by the Board for an audit of continuing education compliance.
An amendment is also proposed to subsection (c) to clarify that psychologists shall retain documentation showing completion of the prescribed number of continuing education contact hours for at least two bienniums.
(d) Approved providers; acceptable courses and programs.
In response to comments from licensed psychologists, the Board proposes to add under paragraph (3) an additional ''approved provider'' of continuing education courses and programs. As amended, the Board would approve for continuing education purposes, courses and programs offered by providers approved by the American Medical Association (AMA) who meet the criteria of paragraph (4)(i)--(ii), if the programs offered by the AMA relate to the practice of psychology.
Additional Amendments
The Board proposes to shift the language of existing subsections (f) and (g), relating to ''exemptions and prorations'' and ''reinstatement of licensure,'' respectively, to new subsections (h) and (i), and to provide two additional means under new subsections (f) and (g) for psychologists to receive credit for 50 to 60 minutes of participation in professional activities. As amended, subsection (f) would be entitled ''instruction,'' and would allow a psychologist to accrue up to 15 of the required 30 contact hours of continuing education by offering a course in psychology for a regionally accredited college or university (if the course generates semester/quarter hour credit), or by offering a workshop for an approved sponsor. As proposed, a clock hour of instruction would equal 1 contact hour. An individual course or workshop would be credited to an instructor only once. The number of hours granted to a psychologist for participation as an instructor in a workshop would be determined by dividing the number of continuing education hours granted for the workshop by the number of instructors participating in the workshop.
As amended, proposed subsection (g) would be entitled ''professional writing.'' Under this new subsection, a psychologist would be permitted to accrue up to 10 of the required 30 contact hours of continuing education by writing an article published in a journal abstracted in PSYCHLIT, or by writing one or more chapters in a text or trade book for psychologists which is published by a commercial publisher or by a state or National psychological association. As proposed, no more than 10 contact hour equivalents of professional writing may be granted for an article or chapter published during the preceding biennium. The number of contact hours granted per person per publication would be determined by dividing 10 hours per publication by the number of participating authors.
Consistent with the amendments to existing subsections (f) and (g), the existing language of subsections (h) and (i), relating to ''waivers'' and ''curing deficiencies,'' respectively, will now appear in subsections (j) and (k).
Fiscal Impact
The proposed amendment should have no negative fiscal impact upon the Commonwealth, its political subdivisions or the general public.
Paperwork Requirements
The proposed amendment should not result in additional paperwork requirements.
Statutory Authority
The amendment is proposed under the dual authority of sections 3.2(2) and 15 of the Professional Psychologists Practice Act (act) (63 P. S. §§ 1203.2(2) and 1215). Section 3.2(2) of the act empowers the Board to adopt and, from time to time, revise the rules and regulations as may be necessary to carry into effect the provisions of the act. Section 15 of the act authorizes the Board to require continuing education as a condition of biennial renewal.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), a copy of this proposal was submitted on June 3, 1996, to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Committee on Professional Licensure and the Senate Committee on Consumer Protection and Professional Licensure. In addition to submitting the proposed amendment, the Board has provided IRRC and the Committees with a copy of the Regulatory Analysis Form. A copy of this material is available to the public upon request.
If IRRC has objections to any portion of the proposed amendment, it will notify the Board within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulation, by the Board, the General Assembly and the Governor of objections raised.
Public Comment
Interested parties are invited to submit written comments, suggestions or objections regarding the proposed amendment to Jackie Wiest Lutz, Counsel, State Board of Psychology, P. O. Box 2649, Harrisburg, PA 17105-2649, within 30 days following publication of the proposed amendment in the Pennsylvania Bulletin.
PATRICIA M. BRICKLIN, PH.D.,
ChairpersonFiscal Note: 16A-632. 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
MISCELLANEOUS § 41.59. Continuing education.
* * * * * (b) Continuing education requirement for biennial renewal. As a condition of biennial license renewal, a psychologist shall have completed during the preceding biennium [the required number] a minimum of 30 contact hours (3 CEUs) of continuing education in acceptable courses [or], programs [offered by approved providers] or activities which shall include at least 3 contact hours in ethical issues. Up to 10 contact hours in excess of 30 from the preceding biennium may be carried over from one biennium to the next.
[(1) For 1993 renewals, a psychologist shall have completed a minimum of 15 contact hours (1.5 CEUs) between December 1, 1991, and November 30, 1993.
(2) For 1995 renewals and thereafter, a psychologist shall have completed a minimum of 30 contact hours (3 CEUs). Contact hours in excess of 30 may not be carried over from one biennium to the next.]
(c) Reports to the Board. A psychologist shall certify to compliance with the contact hours requirement [and list the courses/programs attended on forms provided by the Board] at the time of biennial renewal. A psychologist shall retain [until] for at least [the next relicensing cycle] two bienniums, certificates, transcripts or other documentation showing completion of the prescribed number of contact hours. These records are subject to audit by the Board.
(d) Approved providers; acceptable courses and programs.
(1) [Only courses] Courses and programs offered by Board-approved providers will be accepted as satisfying all or part of the continuing education requirement. It is the responsibility of the psychologist to ascertain the approval status of the provider before undertaking a continuing education activity.
* * * * * (3) The Board has approved the following providers:
* * * * * (iii) Providers approved by the American Medical Association who meet the criteria of paragraph (4). Programs offered by these providers shall relate to the practice of psychology.
* * * * * (f) [Exemptions and prorations.
(1) The Board will exempt from the continuing education requirement a psychologist who received a license within 2 years of the psychologist's first application for biennial renewal.
(2) A psychologist who is licensed under § 41.52 (relating to persons licensed in other states) shall comply with the continuing education requirement, but the psychologist's contact hours will be prorated on a quarterly basis from the date of licensure in this Commonwealth to the next biennial renewal date. Each quarter will consist of 3 months. Beginning with the quarter immediately following licensure in this Commonwealth, at least 3.75 contact hours (.375 CEU) shall be earned for each quarter.]
Instruction.
(1) A psychologist may accrue up to 15 of the required contact hours by offering one of the following:
(i) A course in psychology for a regionally accredited college or university if the course generates semester/quarter hour credit.
(ii) A workshop for an approved sponsor.
(2) A clock hour of instruction equals one contact hour. An individual course or workshop may be credited to the instructor only once. The hours of continuing education granted to a psychologist who participates as a workshop instructor will be determined by dividing the number of continuing education hours granted for the workshop by the number of instructors participating in the workshop.
(g) [Reinstatement of licensure. Reinstatement of licensure shall be subject to the following conditions:
(1) A person whose license has lapsed or been inactive shall show compliance with the continuing education requirement during the biennium immediately preceding the request for reinstatement.
(2) A person whose license has been suspended or restricted shall show compliance with the continuing education requirement during the period of suspension or restriction.]
Professional writing.
(1) A psychologist may accrue the equivalent of up to 10 of the required contact hours by writing one of the following:
(i) An article published in a journal abstracted in PSYCHLIT.
(ii) A chapter, or more, in a text or trade book for psychologists published by a commercial publisher or a state or National psychological association.
(2) No more than 10 contact hour equivalents of professional writing may be granted for one article or chapter published during the preceding biennium. Ten hours per publication, divided by the number of authors, will result in the number of contact hours granted per person per publication.
(h) Exemptions and prorations.
(1) The Board will exempt from the continuing education requirement a psychologist who received a license within 2 years of the psychologist's first application for biennial renewal.
(2) A psychologist who is licensed under § 41.52 (relating to persons licensed in other states) shall comply with the continuing education requirement, but the psychologist's contact hours will be prorated on a quarterly basis from the date of licensure in this Commonwealth to the next biennial renewal date. Each quarter will consist of 3 months. Beginning with the quarter immediately following licensure in this Commonwealth, at least 3.75 contact hours (.375 CEU) shall be earned for each quarter.
(i) Reinstatement of licensure. Reinstatement of licensure shall be subject to the following conditions:
(1) A person whose license has lapsed or been inactive shall show compliance with the continuing education requirement during the biennium immediately preceding the request for reinstatement.
(2) A person whose license has been suspended or restricted shall show compliance with the continuing education requirement during the period of suspension or restriction.
[(h)] (j) ***
[(i)] (k) ***
[Pa.B. Doc. No. 96-962. Filed for public inspection June 14, 1996, 9:00 a.m.]
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