Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 1203 - Necessity for licenseIt shall be unlawful for any person to engage in the practice of psychology or to offer or attempt to do so or to hold himself out to the public by any title or description of services incorporating the words "psychological," "psychologist" or "psychology" unless he shall first have obtained a license pursuant to this act, except as hereinafter provided:
(1) Simple acts of persuasion or suggestion by one person to another, or to a group.(2) Persons licensed to practice any of the other healing arts in this Commonwealth shall be exempt from the provisions of this act. Nothing in this act shall be construed to limit the practice of persons licensed to practice any of the other healing arts in any way. Nothing in this act shall be construed as authorizing any person licensed as a psychologist to engage in any manner in the practice of any of the other healing arts as defined in the laws of this Commonwealth on the effective date of this act. The psychologist who engages in practice shall assist his client in obtaining professional help for all relevant aspects of his problem that fall outside the boundaries of the psychologist's own competence. Provision must be made for the diagnosis and treatment of relevant health care problems by an appropriate qualified practitioner of the other healing arts. Nothing in this act shall be construed as extending to a person licensed as a psychologist any authority or rights which are not granted under this act.(3) Nothing in this act shall be construed to prevent qualified members of other recognized professions, including, but not limited to, clergy, drug and alcohol abuse counselors, mental health counselors, social workers, crisis intervention counselors, marriage and family therapists, pastoral counselors, rehabilitation counselors and psychoanalysts, from doing work of a psychological nature consistent with the training and the code of ethics of their respective professions or to prevent volunteers from providing services in crisis or emergency situations.(4) Nothing in this act shall be construed to limit the practice of psychology or use of an official title on the part of a person employed as a psychologist by a Federal agency, the Department of Corrections or the Department of Human Services or those persons certified and employed as school psychologists in the public and private schools of the Commonwealth or in a facility or as part of an educational program regulated by the Department of Education, in so far as such practice is a part of the normal function of his position or is performed on behalf of or according to the usual expectations of his employer.(4.1) Psychological testing and psychological assessments selected, administered, scored and interpreted by employes of the Department of Corrections and the Department of Human Services under the direction of a licensed psychologist shall be exempt from the provisions of this act. As used in this clause the term "under the direction of a licensed psychologist" means the licensed psychologist shall review each psychological test and psychological assessment selected, administered, scored and interpreted by the employe and shall cosign the corresponding report. The licensed psychologist shall have the professional responsibility for the selection, administration, scoring and interpretation of the psychological test or psychological assessment by the employe.(5)[Repealed by 2016 Amendment.] (6) Nothing in this act shall be construed to limit the practice of psychology or use of an official title on the part of a member of the faculty or staff of a duly accredited university, college or State-approved nonpublic school in so far as such practice is a part of the normal function of his position or is performed on behalf of or according to the usual expectations of his employer. Nothing in this act shall be construed to limit the practice of psychology or use of an official title on the part of a student, intern or resident in psychology, pursuing a course of study in a duly accredited university, college or hospital or similar training facility for the qualified training of psychologists, provided that such practice and use of title constitute a part of his supervised course of study, and he is designated by such titles as "psychology intern," "psychology trainee," or other title clearly indicating such training status. Nothing in this act shall be construed to limit the activities of a faculty or staff member of a duly accredited university, college, or hospital, or research unit of a duly recognized business or industrial firm or corporation, in the performance of experimental and scientific research activities for the primary purpose of contributing to or enlarging upon scientific principles of psychology. Nothing in this act shall be construed to limit the use of the term "psychology," "psychologist," or "psychological," in connection with the aforementioned experimental or scientific research activities or for the purpose of publication of the research findings in professional and scientific journals, or for the purpose of providing scientific information to any user of such information.(7) Nothing in this act shall be construed to prohibit the practice of psychology by a person who, in the opinion of the board meets the minimum qualifications for licensure under this act, provided said person is on temporary assignment in this Commonwealth, as temporary is defined by board regulation.(7.1) The board may issue a temporary license to an applicant for licensure as a psychologist who holds a similar or current license from another state, province or territory and whose standards, in the opinion of the board, are substantially equivalent to those required under this act. The board may refuse a temporary license to a psychologist who is the subject of past or pending disciplinary action in another jurisdiction.(8) Nothing in this act shall be construed to prohibit employes of business and industrial organizations from applying the principles of psychology described in section 2 to the employment placement, evaluation, selection, promotion or job adjustment of their own officers or employes or those of any associated organization. No business or industrial firm or corporation may sell or offer to the public or to individuals or to other firms or corporations for remuneration any psychological acts or services as are part of the practice of psychology unless such services are performed by individuals duly and appropriately licensed under this act.(9) Nothing in this act shall be construed to limit the activities of a clerical or administrative employe in the performance of duties incidental to and necessary to the work of a psychologist, provided that the clerical or administrative employe acts at all times under the supervision of a licensed psychologist, and provided further that the employe does not assume to the independent practice of psychology.(10)[Repealed by 2016 Amendment.] (10.1) A person who on or before June 30, 2017, has completed all requirements for certification as an Educational Specialist I or II in school psychology issued by the Department of Education or one who is enrolled in a program leading to certification as an Educational Specialist I or II in school psychology on or before June 30, 2018, may perform in private practice an act which the person is permitted to perform in the public and private schools of this Commonwealth if the person satisfies the following:(i) the person is employed by a public or private school in this Commonwealth or by a facility or as part of an educational program regulated by the Department of Education; and(ii) holds a valid certificate as an Educational Specialist I or II in school psychology issued by the Department of Education that is in good standing.(11) Nothing in this act shall be construed to prohibit a psychologist licensed under this act from employing and supervising postdoctoral individuals completing the experience requirement for licensure who shall be designated as "psychology interns," "psychology residents" or "psychological trainees." Such individuals shall perform their duties under the full direction, control and supervision of a licensed psychologist, pursuant to regulations of the board.(12) Nothing in this act shall be construed to prohibit a psychologist licensed under this act from employing professional employes with graduate training in psychology. Such individuals shall perform their duties under the full direction, control and supervision of a licensed psychologist, pursuant to regulations of the board.Amended by P.L. TBD 2016 No. 53, § 1, eff. 8/22/2016.1972, March 23, P.L. 136, No. 52, §3. Amended 1986 , April 25, P.L. 89, No. 33, § 3, imd. effective.