PROPOSED RULEMAKING
STATE BOARD OF PSYCHOLOGY
[ 49 PA. CODE CH. 41 ]
Qualifications
[39 Pa.B. 2211]
[Saturday, May 2, 2009]The State Board of Psychology (Board) proposes to amend §§ 41.1, 41.31, 41.32 and 41.41 and to add § 41.30 (relating to qualifications and documentation necessary for licensure), to read as set forth in Annex A.
A. Effective Date
This proposed rulemaking will become effective upon publication of the final-form rulemaking in the Pennsylvania Bulletin.
B. Statutory Authority
The amendments are proposed under the authority of sections 3.2(1), 6(a) and 8(a)(6) of the Professional Psychologists Practice Act (act) (63 P. S. §§ 1203.2(1), 1206(a)(2) and 1208(a)(6)).
C. Purpose and Background
This proposed rulemaking has three purposes: (1) reorganize the examination, education and experience provisions into three separate sections; (2) clarify the experience and supervisions requirements; and (3) permit graduates of doctoral degree programs in psychology and a field related to psychology to take the licensing examination after completing their education.
Reorganization
To obtain a license as a psychologist, applicants shall complete educational, experience and examination requirements. The current regulations interweave these requirements. Current §§ 41.31(a) and 41.41 (relating to qualifications for taking licensing examination; and examinations) contain examination provisions; current § 41.31(b) contains the educational requirements; and current experience and supervision requirements are contained in subsection (c). Additionally, current §§ 41.31(c) and 41.32 (relating to standards for supervisors) contains experience and supervision requirements.
In this proposed rulemaking, the Board would reorganize the education, examination and experience requirements into three separate sections--§ 41.31 for educational requirements, § 41.32 for experience requirements and § 41.41 for examination requirements.
Clarification of experience and supervision requirements
The act requires 2 years of supervised experience to obtain a license. One year of that experience is obtained as part of the doctoral degree program and is administered by the program's internship director. The other year of supervision is completed after graduation. The Board currently defines the year as 1,500 hours of supervised experience of which 50% of the hours must be obtained in clinical practice. The remaining hours may be in clinical practice or in research. In reviewing this experience, the Board determined that 1,750 hours more accurately reflects an actual year of practice calculated at an average of 35 hours per week excluding vacations, holidays and sick days. This increased time frame is also consistent with the experience required in neighboring jurisdictions, including New York, New Jersey, Maryland, Ohio and the District of Columbia.
Additionally, the Board receives numerous telephone, mail and e-mail inquiries from students pursuing their doctoral degrees, doctoral degree graduates, primary and delegated supervisors and potential primary and delegated supervisors seeking clarification about experience timing, settings and supervisory responsibilities and prohibitions. The Board believes that the proposed amendments will provide clarity with regard to these issues.
Examination changes
Current examination requirements prohibit applicants from taking the licensure examination until after completing their experience. In this proposed rulemaking, the Board proposes to remove this prohibition and permit applicants to take the examination at any time after graduation. The Board believes that these graduates should be permitted to take their examinations closer in time to when they graduate. Further, 41 states--including New York and Virginia--permit doctoral degree graduates to take the licensure examinations prior to obtaining their postdoctoral experience.
D. Description of Proposed Amendments:
§ 41.1--Definitions.
The Board proposes to add five definitions to this section. Two of the definitions--''delegated supervisor'' and ''primary supervisor''--identify the types of supervisors referred to in the amendments to § 41.32 (relating to experience qualifications). These supervisors are assigned various responsibilities and duties over individuals who provide psychology services but who are not yet licensed. Under the proposed definition, a delegated supervisor may include another psychology resident when that psychology resident falls within the exemptions in section 3(4)--(8) of the act (63 P. S. § 1203(4)--(8)) or holds a license in another health profession. The Board believes that in such a circumstance, the delegated supervisor has expertise in an area outside of psychology that may be beneficial to the psychology resident.
Two definitions are proposed to identify individuals who are seeking licensure: ''psychology interns,'' who have not yet obtained their doctoral degree and are participating in a predoctoral internship, and ''psychology residents,'' who have obtained their doctoral degree and are fulfilling their postdoctoral experience requirements. Additionally, the Board proposes adding a definition for the term ''psychology trainee'' to describe both psychology interns and psychology residents.
§ 41.30--Qualifications and documentation necessary for licensure.
The Board proposes to add this new section to identify the qualifications and documentation necessary for licensure. Proposed subsection (a) references the educational, experience and examination requirements. Proposed subsection (b) sets forth the three documents currently required to obtain a license: the experience verifications completed by the applicant's supervisor or supervisors, the criminal background verification completed by the State Police and the Child Abuse History Clearance completed by the Department of Public Welfare.
The criminal background verification proposed in subsection (b)(2) provides the Board with documentation used to determine whether the applicant has acceptable moral character required by section 6(a)(1) of the act whether the applicant has been convicted of a felony under The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. §§ 780-101--780-144) required under section 6(a)(5) of the act (63 P. S. § 1206(a)(5)); and whether the applicant has been convicted of any felony or a misdemeanor in the practice of psychology as required by section 8(a)(6) of the act. Similarly, the Child Abuse History Clearance proposed in subsection (b)(3) provides the Board with documentation used to determine whether the applicant has acceptable moral character required by section 6(a)(1) of the act. This clearance is already required for individuals employed by schools and childcare agencies under 23 Pa.C.S. Chapter 63 (relating to child protective services). Both verifications are available online. The criminal background check may be completed online at http://epatch.state.pa.us. Applicants who want to submit the background check request by mail may download the form at: http://www.dpw.state.pa.us/Resources/Documents/Pdf/FillInForms/statepolice-bkgd.pdf. The Child Abuse History Clearance form may be downloaded at: http://www.dpw.state.pa.us/Resources/Documents/Pdf/FillInForms/DPWchildabuse.pdf and must be mailed to the Department of Public Welfare for processing.
§ 41.31--Educational qualifications.
The Board proposes removing the administrative procedures for taking the examination in subsection (a) and moving them to new § 41.41(d) and (e) with the other examination requirements.
The only proposed change to the educational requirements in current subsection (b) is the addition of ''a field related to psychology'' in paragraph (4). This requirement was inadvertently omitted from prior rulemaking.
Like the examination provisions in current subsection (a), the Board proposes eliminating subsection (c) and incorporating the postdoctoral experience provisions currently in subsection (c)(1) into § 41.32. The Board proposes eliminating the 1 year predoctoral experience requirement in current § 41.31(c)(2) because that experience is part of the internship governed by the doctoral degree program necessary for graduation. Under amendments published in the Pennsylvania Bulletin at 36 Pa.B. 2680 (June 2, 2006), the Board no longer reviews specific doctoral education or internships, but rather considers only whether the program is accredited or designated.
§ 41.32--Experience qualifications.
In addition to the standards for supervisors in current § 41.32, the Board proposes adding timing requirements and specific responsibilities and prohibitions for primary and delegated supervisors.
The new text addresses repeated questions about the length of the experience. Under proposed paragraph (1)(i) and (iv), psychology residents will be required to obtain at least 12 months of experience consisting of at least 1,750 hours within 10 years of the application for licensure. At least half of the hours must be obtained within 5 years of the application. The proposed rulemaking would increase the total experience hours required from 1,500 hours to 1,750 hours to more accurately reflect the actual number of hours of experience that would be gained during the course of 1 year.
Regardless of the actual number of hours worked, under proposed paragraph (i)(ii), a psychology resident will only receive licensure credit for a maximum of 45 hours per week. Experience lasting less than 15 hours per week will not be credited. Experience hours less than the minimum or over the maximum amounts cannot be bundled with other hours to reach minimums. As is currently required, new paragraph (1)(ii) would required that 50% of the required experience hours must involve clinical practice--performing diagnosis, assessment, therapy or other interventions, supervision or consultation. The remaining 50% could be obtained in clinical practice, teaching psychologists in an organized psychology program or research.
The psychology resident may obtain the experience for more than one entity, as explained in proposed paragraph (1)(ii); however, for that experience to be credited for licensure, the psychology resident shall work for each entity for more than 6 months at a minimum of 15 hours per week, but no more than 45 hours per week total under the supervision requirements in proposed paragraph (3).
In addition to the time frames in paragraph (1), in order for the experience to be credited for licensure, proposed paragraph (2) would retain the current requirement that a psychology resident must practice at an entity that is consistent with the psychology resident's education and training but wherein the psychology resident does not act independently, for example, as a qualified member of another recognized profession.
New paragraph (3) delineates the supervisory requirements. Regardless of the number of settings where the experience is obtained, a psychology resident must have a primary supervisor at each setting. Similarly, as is currently required, paragraph (3)(ii) provides that the primary supervisor may delegate up to 1 hour per week of supervision to a delegated supervisor.
Proposed paragraph (3)(iii) delineates specific duties of primary and delegated supervisors. Duties currently in § 41.32(3)--(9) and (12)--(14) would be moved to subsection (c)(4), dealing with prohibitions on primary and delegated supervisors, and to paragraph (3)(v), which provided for additional duties of primary supervisors.
Proposed paragraph (3)(v) contains a new requirement that the primary supervisor practiced psychology for 2 years prior to commencing supervision and completed prescribed education in supervision prior to commencing supervision. The Board believes that this additional experience and training will be of value to both the supervisor and the psychology resident.
New paragraphs (4) and (6) replace current § 41.31(c)(3) and (5). Under new paragraph (4), in exceptional circumstances psychology residents who cannot comply with the supervisory requirements must submit a detailed written plan for supervision and obtain the Board's approval prior to implementing the supervisory plan. New paragraph (6) continues the requirement that psychology residents either continue to be supervised after obtaining their required hours or practice in an exempt setting until they receive their license.
New paragraph (5) is a transitioning provision. Applicants who commence their supervision within 6 months after the effective date of this proposed rulemaking will continue to have their supervision and experience evaluated under the regulations as they currently exist. Applicants who commence their supervision at any time after 6 months from publication in the Pennsylvania Bulletin will have their supervision and experience evaluated under these new regulations.
§ 41.41--Examinations.
New subsection (a) authorizes applicants to take the licensing examination after the degree requirements in § 41.31 are met. New subsections (c) and (d) were formerly found in § 41.31(a).
E. Fiscal Impact and Paperwork Requirements
The proposed amendments should have a positive fiscal impact on the Commonwealth because the Board should not have to return as many applications or seek additional clarification or supplemental information about the supervisor or the experience. Board members will continue to review applicants' experience; however, there are no additional costs associated with Board member review because that review is conducted at the end of the monthly Board meetings.
The proposed amendments should decrease paperwork required from applicants and supervisors.
F. Sunset Date
The Commission reviews the effectiveness of its regulations on an ongoing basis. Therefore, no sunset date has been assigned.
G. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 22, 2009, 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.
H. Public Comment
Interested persons are invited to submit written comments, recommendations or objections regarding the proposed amendments to Judith Pachter Schulder, Counsel, State Board of Psychology, Penn Center, 2601 North Third Street, P. O. Box 2649, Harrisburg, PA 17105-2649, within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.
KAREN W. EDELSTEIN, Psy.D.,
ChairpersonFiscal Note: 16-A 6315. 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:
* * * * * Delegated supervisor--A currently licensed health professional or a person who is exempt from licensure under section 3(4)--(8) of the act (63 P. S. § 1203(4)--(8)), who possesses special expertise or skills to whom the primary supervisor has delegated up to 1 hour of the 2 hours of required weekly supervision.
* * * * * Primary supervisor--A currently licensed psychologist having primary responsibility for directing and supervising the psychology resident.
* * * * * Psychology intern--A student participating in an internship as part of a doctoral degree program in psychology or a field related to psychology.
Psychology resident--An individual who has obtained a doctoral degree and is fulfilling the supervised experience requirement for licensure, or an applicant for licensure who is continuing training under § 41.31(b)(4) (relating to educational qualifications).
Psychology trainee--[An individual who is fulfilling the supervised experience requirement for licensure, or an applicant for licensure who is continuing training under § 41.31(c)(5) (relating to qualifications for taking licensing examination)] A psychology intern or psychology resident.
* * * * *
QUALIFICATIONS § 41.30. Qualifications and documentation necessary for licensure.
(a) To qualify for licensure, an applicant shall complete the educational requirements in § 41.31 (relating to education qualifications), the experience requirements in § 41.32 (relating to experience qualifications) and the examination requirements in § 41.41 (relating to examinations).
(b) An applicant for licensure shall submit an application and fee to the Board with the following:
(1) Verification of postdoctoral experience and quarterly evaluations prepared during the course of supervision in a sealed envelope signed by the primary supervisors on the envelope flap.
(2) A criminal background check completed by the Pennsylvania State Police dated within 6 months of the application. If the applicant resides outside of the Commonwealth, the background check shall be completed by the applicable law enforcement agency in the jurisdiction where the applicant resides.
(3) Child Abuse History Clearance completed by the Pennsylvania Department of Public Welfare dated within 6 months of the application.
§ 41.31 [Qualifications for taking licensing examination] Educational qualifications.
[(a) Administrative procedures.
(1) Applications to take the licensing examination and instructions for applicants, including deadlines for filing, may be secured from the Board. If an applicant, without reasons satisfactory to the Board, fails to report for both the first examination and the one subsequent to it, the applicant's application will be considered to have been withdrawn. If the applicant wishes to take a future examination, a new application shall be submitted to the Board. The application will be reviewed on the basis of the law and the regulations existing at the time.
(2) An applicant who has been deemed ineligible to take the examination shall be notified in writing of the reasons for ineligibility, whereupon the applicant may within 30 days of the notice correct the causes for the ineligibility or file a request for reconsideration. A request for reconsideration shall give the reasons for the applicant's request, shall be accompanied by documentary materials not previously submitted which the applicant wishes the Board to consider, and may include a request for an informal interview before the Board.
(b) Education. Before an applicant seeking] To meet the education requirements for licensure under section 6 of the act (63 P. S. § 1206), an applicant shall [be permitted to take the licensing examination, the Board must be satisfied that the applicant has complied with] complete the requirements for a doctoral degree in psychology or a field related to psychology as defined in § 41.1 (relating to definitions). The following documentation evidences compliance:
* * * * * (4) First-time applicants who [enroll] were enrolled in a graduate degree program in psychology or a field related to psychology on or after July 1, 2008, will be evaluated under this chapter. Applicants enrolled prior to July 1, 2008, will be evaluated under regulations in effect at the time of enrollment. Reapplicants under subsection (a)(1) or § 41.42(b) (relating to reexamination) will be evaluated under regulations in effect at the time of reapplication.
* * * * * [(c) Experience. To meet the experience requirements for licensure under section 6 of the act (63 P. S. § 1206), an applicant shall submit evidence of having completed 2 years of supervised experience which trained the applicant for the independent practice of psychology. At least 1 year of this supervised experience shall be obtained subsequent to the granting of the doctoral degree. For purposes of calculating experience the Board has defined a year as 1,500 hours. All supervised experience must be acceptable to the Board. Acceptable predoctoral experience is limited to formal integrated internships--that is, internships which are integrated in terms of both the applicant's educational background and all aspects of the professional practice in which the applicant intends to engage.
(1) Postdoctoral experience.
(i) Experience acceptable to the Board means experience as a psychology trainee in a professional setting that is organized to prepare the applicant for the practice of psychology consistent with the applicant's education and training. At least one-half of the experience shall consist of providing services in one or more of the following areas: diagnosis, assessment, therapy, other interventions, consultation. Acceptable experience does not include the following:
(A) Independent private practice as a qualified member of another recognized profession under section 3(3) of the act (63 P. S. § 1203(3)).
(B) Independent private practice as a certified school psychologist under section 3(10) of the act.
(C) Practice as an independent contractor.
(ii) A psychology trainee shall, in every professional setting in which the trainee gains experience, be supervised by a psychologist holding a current license issued by this Board or by a statutory board of psychologist examiners of another state, if, in the opinion of the Board, the requirements for licensure are substantially equivalent to the requirements of the act.
(A) The supervisor shall own, be employed by or be in contract status with the professional setting in which the psychology trainee is employed.
(B) The supervisor shall be responsible for ensuring that the minimum requirements for acceptable supervised experience are met.
(C) Psychological activities of the psychology trainee shall be performed pursuant to the delegation, order and control of the supervisor, who shall accept full professional responsibility for the psychology trainee's performance. Accordingly, the ultimate responsibility for the welfare of the client/patient shall be in the hands of the supervising licensed psychologist.
(I) The supervisor may delegate clearly defined areas of the psychology trainee's supervision to other professionals affiliated with the professional setting whose competence in the delegated areas has been demonstrated by previous education, training and experience.
(II) Although the supervisor shall continue to bear the ultimate responsibility for the supervision, those to whom supervisory responsibilities are delegated shall be individually responsible for activities of the psychology trainee performed under their supervision.
(D) The supervisor shall ensure that clients/patients of the psychology trainee are aware of the trainee's status and of the supervisor's overall responsibility for the services they receive.
(E) The supervisor shall meet individually with the psychology trainee for an average of at least 2 hours a week. If the supervisor has delegated supervisory responsibilities to other professionals, 1 hour of this minimum may be allocated, at the direction of the supervisor, between or among them.
(F) Reports, records and other communications prepared by the psychology trainee for distribution outside the professional setting shall be signed by the trainee and countersigned as ''reviewed and approved by'' the supervisor or other delegated professional.
(G) A supervisor who is temporarily unable to provide supervision shall designate a qualified substitute and shall ensure that the psychology trainee's clients/patients are informed of the temporary substitution.
(H) A supervisor who wishes to terminate supervision during the training period shall give the trainee notice reasonably calculated to enable the trainee to obtain another qualified supervisor. In no event shall a supervisor terminate supervision when termination would result in abandonment of the trainee's clients/patients.
(I) The supervisor shall observe the standards in § 41.32 (relating to standards for supervisors) and ensure that those to whom supervisory responsibilities are delegated comply with these standards.
(iii) Supervised work activity will be counted toward satisfying the experience requirement only if it takes place in a single setting for either, first, at least 30 hours per week but no more than 40 hours per week during at least a 3-month period or, second, at least 15 hours per week for a period of at least 6 months. The experience shall have been obtained within the most recent 10 calendar years, at least half within the most recent 5 calendar years.
(2) Predoctoral experience. Predoctoral integrated internships shall meet the requirements in paragraph (1) and satisfy the following additional criteria:
(i) Upon entering the internship the psychology trainee shall have had supervised training for 450 or more hours.
(ii) During the internship the psychology trainee shall have a sequence of experiences designed to enhance professional attitudes, responsibilities and technical skills.
(iii) The psychology trainees shall participate in learning activities for an average of at least 2 hours per week, in addition to the supervision referred to in paragraph (1)(ii)(E).
(iv) The psychology trainee shall interact formally and informally with psychologists, other service providers and other trainees.
(v) The internship shall extend for a year and include at least 1,500 hours of experience with at least 25% of the time (375 hours) in direct client/patient contact and no more than 25% of the time in research, or the internship shall extend for 2 years half-time and meet the other requirements in this subparagraph.
(3) Exception. A psychology trainee who cannot make the supervisory arrangements required by this section may request the Board to approve a detailed written plan for supervision. The granting of such a request shall be at the Board's discretion. The Board will evaluate each plan submitted and each trainee's situation on a case-by-case basis.
(4) Timing. First-time applicants who commenced postdoctoral supervised experience prior to March 23, 1991, will have their postdoctoral experience credentials evaluated under regulations in effect at that time. Reapplicants under subsection (a)(1) or § 41.42(b) (relating to reexamination) will be evaluated under regulations in effect at the time of reapplication.
(5) Continued training. Applicants for admission to the Board's licensing examination may continue in training in a professional setting consistent with good professional practice until they pass the examination. This continued training shall be supervised by a licensed psychologist, who shall be ultimately responsible for the psychological activities of the applicant. Applicants may also practice in settings exempted from the licensure requirement under section 3(4), (6), (8) and (10) of the act (63 P. S. § 1203(4), (6), (8) and (10)).]
§ 41.32. [Standards for supervisors] Experience qualifications.
To [ensure the quality of supervised experience, the Board requires that supervisors and those to whom supervisory responsibilities are delegated under § 41.31(c)(2)(iii)(A) (relating to qualifications for taking licensing examination) comply with the standards in paragraphs (1)--(19). Supervisors will be asked to attest to compliance on the verification of experience form which shall accompany the supervisee's application to take the Board's licensing examination. The Board reserves the right to require a supervisor by documentation or otherwise to establish to the Board's satisfaction that compliance occurred.] meet the experience requirements for licensure under section 6 of the act (63 P. S. § 1206), an applicant shall complete 1 year of acceptable postdoctoral supervised experience.
(1) Timing.
(i) One year is calculated as a period of at least 12 months consisting of at least 1,750 hours of experience.
(ii) No more than 45 hours but no less than 15 hours of experience may be counted per week.
(iii) Fifty percent of the required hours must be obtained performing diagnosis, assessment, therapy, other interventions, supervision or consultation and receiving supervision or consultation. The remaining required hours may be obtained by teaching in association with an organized psychology program preparing practicing psychologists or a postdoctoral training program, psychological research or any of the above categories.
(iv) The total experience must be obtained within 10 calendar years of the application for licensure. At least half must be obtained within the most recent 5 calendar years.
(v) The required experience may be obtained at more than one entity simultaneously, if the following criteria are met:
(A) The experience is obtained for each entity for a minimum of 6 consecutive months.
(B) The experience occurs for a minimum of 15 hours per week at each setting.
(C) The total experience for all settings does not exceed 45 hours per week.
(D) The experience complies with the supervision requirements in subsection (c).
(2) Acceptable experience.
(i) The practice at an entity in which experience is obtained must be consistent with the psychology resident's education and training.
(ii) Experience may not be obtained when the psychology resident acts independently (for example, as a qualified member of another recognized profession under section 3(3) of the act (63 P. S. § 1203(3)).
(3) Supervision. Experience, including that obtained during consultation, must be obtained under the supervision of a primary supervisor.
(i) Primary supervisors. If the experience is obtained for more than one entity, the psychology resident shall obtain a primary supervisor for each entity.
(ii) Delegated supervisors. The primary supervisor may delegate supervision over the psychology resident to a delegated supervisor for up to 1 hour per week.
(iii) Qualifications and duties of primary and delegated supervisors. Primary and delegated supervisors are required to:
(A) Be currently licensed while providing supervision.
[(1) The supervisor shall be] (B) Be qualified by training and experience to practice in the [supervisee's] psychology resident's areas of supervised practice.
[(2) The supervisor shall be the owner of,] (C) Own, be an [employe] employee of, or be in contract status with the [professional setting] entity employing the [supervisee and may not be subject in any way to the supervisee's control or influence] psychology resident.
[(3) The supervisor shall be accessible to the supervisee for consultation.
(4) The supervisor shall be accessible to clients/patients of the supervisee for the purpose of answering questions and responding to concerns.
(5) The supervisor shall be responsible for the supervisee's services to each client/patient.
(6) The supervisor shall be empowered to interrupt or terminate the supervisee's activities in providing services to a client/patient and, if necessary, to terminate the supervisory relationship.
(7) The supervisor may not be a relative of the supervisee by blood or marriage, may not be involved in a dual relationship which obliges the supervisor to the supervisee and may not engage in treatment of the supervisee.
(8) The supervisor may not be the subject of a disciplinary action by a licensing board.
(9) The supervisor shall establish objectives to be achieved by the supervisee during supervision.
(10) The supervisor shall review] (D) Review issues of practice and ethics with the [supervisee] psychology resident.
(E) Meet individually face-to-face with the psychology resident for an average supervisory total of at least 2 hours per week.
[(11) The supervisor shall maintain] (F) Maintain notes or records of scheduled supervisory sessions until the psychology resident obtains a license or for at least 10 years, whichever is greater.
[(12) The supervisor shall observe client/patient sessions of the supervisee or review verbatim recordings of these sessions on a regular basis.
(13) In regularly scheduled supervisory meetings, the supervisor shall discuss the supervisee's level of work--for example, the supervisee's areas of competence and areas of needed improvement.
(14) The supervisor shall provide to the supervisee recommendations bearing on further development, shall encourage the supervisee to read widely in the professional literature and shall help the supervisee gain a level of skill necessary for independent practice.
(15) The supervisor shall prepare written evaluations or reports of progress which shall delineate the supervisee's strengths and weaknesses. These evaluations or reports shall be discussed with the supervisee on at least a quarterly basis.
(16) The supervisor shall encourage the supervisee to work with professionals in other disciplines as indicated by the needs of each client/patient and shall periodically observe these cooperative encounters.
(17) The supervisor may not accept fees, honoraria, favors or gifts from the supervisee.
(18) The supervisor shall ensure] (G) Ensure that the [supervisee's status as a] psychology [trainee] resident's status is made known to client/patients and to third-party payors.
[(19) The supervisor shall ensure that the supervisee has access to multidisciplinary consultation, as necessary.]
(iv) Prohibitions on primary and delegated supervisors. Primary and delegated supervisors may not:
(A) Be subject to the psychology resident's control or influence.
(B) Be related to the psychology resident by blood or marriage.
(C) Be involved in a dual relationship, as defined in Principle 6(b) of the Code of Ethics (See § 41.61, Principle 6(b) (relating to welfare of the consumer)), with the psychology resident.
(D) Treat or have treated the psychology resident.
(E) Be the subject of active discipline by a licensing board. In the event that disciplinary action is taken against the supervisor during the supervisory period, the supervisor shall immediately notify the psychology resident and assist the psychology resident in immediately obtaining a new supervisor.
(F) Accept fees, honoraria, favors or gifts from the psychology resident.
(v) Additional responsibilities of primary supervisors. In addition to the responsibilities for primary and delegated supervisors in subparagraph (iii), primary supervisors shall:
(A) Hold an active license to practice psychology for at least 2 years prior to commencing supervision and complete either a course in supervision from a psychology doctoral degree program or 3 hours of continuing education in supervision prior to the period of supervision.
(B) Develop with the psychology resident objectives to be achieved during supervision.
(C) Be accessible to the psychology resident for consultation and to clients/patients of the psychology resident to answer questions and respond to concerns.
(D) Be responsible to each client/patient for psychology services provided by the psychology resients.
(E) Be authorized to interrupt or terminate the services being provided by the psychology resident to a client/patient and, if necessary, to terminate the supervisory relationship.
(F) Observe client/patient sessions of the psychology resident or review verbatim recordings of these sessions on a regular basis.
(G) In regularly scheduled supervisory meetings, evaluate and apprise the psychology resident about areas of progress and needed improvement, recommend applicable professional literature and assist the resident in gaining a level of skill necessary for independent practice.
(H) Prepare written evaluations/progress reports at least quarterly delineating the psychology resident's strengths and weaknesses. These evaluations/reports shall be included with applicant's application for licensure.
(I) Assist the psychology resident in working with professionals in other disciplines as indicated by the needs of each client/patient and periodically observe these cooperative encounters.
(J) Ensure that the psychology resident has access to multidisciplinary consultation, as necessary.
(K) Monitor the supervision provided by any delegated supervisor.
(L) Review issues of practice and ethics with the psychology resident.
(M) At the conclusion of the period of supervision, evaluate the psychology resident's level of professional competence and theoretical knowledge in the areas of assessment, diagnosis, effective interventions, consultation, evaluation of programs, supervision of others, strategies of scholarly inquiry, cultural/individual diversity and professional conduct. This evaluation shall be signed and included as part of the verification of post doctoral experience submitted to the Board with the applicant's application for licensure.
(4) Exceptional circumstances. A psychology resident who cannot comply with the supervisory requirements, may, upon a showing of exceptional circumstances, request the Board to approve a detailed written plan for supervision. The granting of such a request is at the Board's discretion. The Board will evaluate each plan submitted and each psychology resident's situation on a case-by-case basis.
(5) Effective date. First-time applicants for licensure who commenced postdoctoral supervised experience prior to (Editor's Note: The blank refers to a date 6 months after the effective date of adoption of this proposed rulemaking.) will have their postdoctoral experience credentials evaluated under regulations in effect prior to that date. Applicants who commence postdoctoral supervised experience after that date will have their postdoctoral experience evaluated under the regulations in effect at that time.
(6) Supervised practice following completion of training. Upon completion of the required supervisory hours, a psychology resident may practice psychology under the supervision of a licensed psychologist until the psychology resident obtains a license, under § 41.58 (relating to standards for the employment and supervision of unlicensed persons with graduate training in psychology) or may practice psychology in exempt settings under section 3(4), (6), (8) and (10) of the act (63 P. S. § 1203(4), (6), (8) and (10)).
EXAMINATIONS § 41.41. Examinations.
(a) To be eligible to take either portion of the licensure examination, the applicant shall have obtained a doctoral degree in psychology or a field related to psychology and completed all degree requirements set forth in § 41.31 (relating to educational qualifications).
(b) The licensure examination is composed of [a] two portions: the National Examination for Professional Practice in Psychology (EPPP) and [State portion] the Pennsylvania Psychology Law Examination (PPLE). Applicants shall obtain a passing score [to qualify for licensure] on each portion. Information about the contents of the examination is available from the Board office.
(c) If an applicant, without reasons satisfactory to the Board, fails to report for both the first examination and the one subsequent to it, the applicant's application will be considered to have been withdrawn. If the applicant wishes to take a future examination, a new application shall be submitted to the Board. The application will be reviewed on the basis of the law and the regulations existing at the time of submission.
(d) An applicant who has been deemed ineligible to take the examination will be notified in writing of the reasons for ineligibility, whereupon the applicant may correct the causes for the ineligibility and resubmit an application, or, within 30 days of the notice, file a request for reconsideration or an appeal under 2 Pa.C.S. §§ 501--507 and 701--704 (relating to Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure). A request for reconsideration must give the reasons for the applicant's request, must be accompanied by documentary materials not previously submitted which the applicant wishes the Board to consider, and may include a request for an informal interview before the Board.
[Pa.B. Doc. No. 09-801. Filed for public inspection May 1, 2009, 9:00 a.m.]
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