RULES AND REGULATIONS
Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF PSYCHOLOGY
[49 PA. CODE CH. 41]
Examinations, Repeals and Editorial Changes
[28 Pa.B. 2412] The State Board of Psychology (Board) amends §§ 41.1, 41.41, 41.52, 41.54 and 41.61 to read as set forth in Annex A.
The amendments update existing language to reflect the new names for the Council on Postsecondary Accreditation and the American Association of State Psychology Boards. The amendments also delete § 41.54 (relating to licensure of master's degree candidates) because the Board's statutory authority to license master's degree candidates expired December 31, 1995.
Notice of proposed rulemaking has been omitted under section 204(3) of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1204(3)) (CDL), because the Board has, for good cause, determined that notice of proposed rulemaking is unnecessary. The amendments seek only to delete provisions which are no longer enforceable and to update language to reflect the new names for the Council on Postsecondary Accreditation and the American Association of State Psychology Boards.
Compliance with Executive Order 1996-1
The Board reviewed this rulemaking and considered the purpose and likely impact upon the public and the regulated community under the directives of Executive Order 1996-1, Regulatory Review and Promulgation. The final/proposed omitted regulations are in compliance with Executive Order 1996-1.
Statutory Authority
The amendments are adopted under the authority of section 3.2(2) of the Professional Psychologists Practice Act (63 P. S. § 1203.2(2)).
Fiscal Impact and Paperwork Requirements
The amendments should have no negative fiscal impact on the Commonwealth, its political subdivisions or the general public, and should result in no additional paperwork requirements.
Regulatory Review
Under section 5.1(c) of the Regulatory Review Act (71 P. S. § 745.5.1(c)), on April 13, 1998, a copy of the amendments was submitted to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate Committee on Consumer Protection and Professional Licensure and the House Committee on Professional Licensure. A copy of the amendments was submitted on the same date to the Office of Attorney General for review and comment under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506).
Under section 5.1(d) of the Regulatory Review Act, the amendments were deemed approved by the House and Senate Committees on May 3, 1998, and were approved by IRRC on May 7, 1998.
Additional Information
Individuals who desire information are invited to submit inquiries to Melissa Wilson, Board Administrator, State Board of Psychology, Post Office Box 2649, Harrisburg, PA 17105-2649, (717) 783-7155.
Findings
The Board finds that:
(1) Public notice of intention to amend its regulations as adopted by this order under the procedures specified in sections 201 and 202 of the CDL (45 P. S. §§ 1201 and 1202), has been omitted under the authority contained in section 204(3) of the CDL because the Board has, for good cause, found that the procedures specified in sections 201 and 202 of the CDL are, in this circumstance, unnecessary. The provisions deleted under § 41.54 are no longer enforceable. The amendments to §§ 41.1, 41.41, 41.52 and 41.61 simply update existing language to reflect the new names for the Council on Postsecondary Accreditation and the American Association of State Psychology Boards.
(2) The amendment of the regulations of the Board in the manner provided in this order is necessary and appropriate for the administration of its authorizing statute.
Order
The Board, acting under its authorizing statute, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 41, are amended by amending §§ 41.1, 41.41, 41.52 and 41.61 and deleting § 41.54 to read as set forth in Annex A with ellipses referring to the existing text of the regulations.
(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to legality as required by law.
(c) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall become effective immediately upon publication in the Pennsylvania Bulletin.
(Editor's Note: A proposal to amend § 41.1 (relating to definitions) amended in this document, remains outstanding at 28 Pa.B. 1421 (March 21, 1998).)
YVONNE E. KEAIRNS, Ph.D.,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 28 Pa.B. 2463 (May 23, 1998).)
Fiscal Note: 16A-634. 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
GENERAL § 41.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Accredited college or university--An institution which is recognized as an institution of higher education under 22 Pa. Code (relating to education) or which is accredited by a regional accrediting association recognized by the Commission on Recognition of Postsecondary Accreditation (CORPA).
* * * * * Doctoral degree in psychology--A degree awarded upon successful completion of a program in psychology which is accredited by the American Psychological Association (APA) or which is designated by the Association of State and Provincial Psychology Boards (ASPPB) or by other designating groups acceptable to the Board; which is approved by the Board under § 41.31(b)(3); or which meets the following criteria:
* * * * *
EXAMINATIONS § 41.41. Examinations.
(a) The Board has adopted the written examination developed by the Association of State and Provincial Psychology Boards, which is given at regularly scheduled times and places specified by the Board. Applicants shall obtain a passing score as established by the Board to qualify for licensure. Information about the content of the examination is available from the Board office.
(b) The Board reserves the right to direct the professional testing organization responsible for administering its examination to adopt alternative or additional examination procedures such as simulation techniques; other written examinations; essay or oral examinations; submission of work samples to demonstrate knowledge or skills in specified areas of psychology; and demonstration of familiarity with ethical, statutory or regulatory requirements bearing on the practice of psychology. The Board will exercise this right only in conformity with section 812.1 of the act of April 9, 1929 (P. L. 177, No. 175), known as the Third-Party Testing Law (71 P. S. § 279.3a(a)). Notice of substantive changes in the licensing examination will be given at least 6 months before the first administration of the new examination.
(c) It is the policy of the Board to accommodate persons with handicapping conditions who qualify to take the licensing examination.
MISCELLANEOUS § 41.52. Persons licensed in other states.
(a) A person who holds a current license or certificate to practice psychology issued by a statutory board of psychologist examiners of a state with requirements for licensure which are deemed by the Board to be equivalent to those of the Commonwealth may be exempt from examination. Application for licensure under these circumstances shall be made on forms supplied by the Board and shall be accompanied by the initial application fee specified in § 41.12 (relating to fees).
(b) An applicant who has passed the written examination prepared by the Association of State and Provincial Psychology Boards with a score equivalent to or higher than the passing score then prevailing in this Commonwealth will not be required to repeat this examination.
(c) In accordance with section 3(7) of the act (63 P. S. § 1203(7)), a psychologist licensed for independent practice by a statutory board of psychologist examiners of another state or a province of Canada, whose license is current and in good standing, may practice psychology on temporary assignment in this Commonwealth for up to 6 months, after written notification to the Board and receipt from the Board, in writing, of temporary permission to practice. The Board will grant no more than one extension of the 6-month period, the extension not to exceed an additional 6 months. Requests for extensions shall be made to the Board in writing. A psychologist on temporary assignment in this Commonwealth for an aggregate of no more than 14 days is exempted from the notification requirement.
§ 41.54. (Reserved).
CODE OF ETHICS § 41.61. Code of Ethics.
* * * * * Principle 2. Competency.
* * * * * (d) Psychologists accurately represent their competence, education, training and experience. They claim as evidence of psychological educational qualifications only those degrees obtained from institutions accredited by a regional accrediting association approved by the Commission on Recognition of Postsecondary Accreditation (CORPA). Degrees earned from foreign colleges and universities may be represented only if they are determined to be equivalent to the degrees conferred by these accredited institutions. Determinations of equivalency shall be made by an agency acceptable to the Board, subject to the Board's final approval. Representations of nonpsychological earned academic degrees are not prohibited, if the degrees are from accredited schools. If these degrees are generic, such as Ph.D., Ed.D., M.S., M.A. and M.Ed., the holder may represent them, but shall specify the discipline in which each particular degree was earned.
* * * * *
[Pa.B. Doc. No. 98-812. Filed for public inspection May 22, 1998, 9:00 a.m.]
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