49 Pa. Code § 41.8 - Department of Health licensing of substance abuse services provided by psychology practices-statement of policy
(a)
Background and purpose.
The act authorizes the Board to license psychologists and to regulate the
practice of psychology in this Commonwealth. The Department of Health
(Department), citing Articles IX and X of the Public Welfare Code
(62
P. S. §§
901-1059), and regulations
promulgated thereunder at 28 Pa. Code Chapter 709 (relating to standards for
licensure of freestanding treatment facilities), maintains that its licensing
and regulatory authority extends to psychology practices that provide services
to clients/patients with substance abuse problems. The Board has sought to
develop with the Department a joint policy statement accommodating the
jurisdictional and public protection interests of each agency. This endeavor
has not been successful. Meanwhile, the Board continues to receive inquiries
from its licensees in independent practice who have been notified that they
must secure an additional license from the Department if they provide substance
abuse services. This statement of policy expresses the Board's position on this
matter. It does not represent a reconciliation of views with the Department,
nor is it intended to address funding or reimbursement issues.
(b)
Board Authority. The
Board has statutory authority to license, regulate and discipline psychologists
in this Commonwealth. Accordingly, the Board regards the following services as
exempt from licensure by the Department:
(1)
Substance abuse services provided by a licensed psychologist functioning as a
sole practicioner or by a group practice comprised only of licensed
psychologists. Board regulations restrain psychologists from providing
professional services unless qualified by education and training. See §
41.51 and Ethical Principle 2
under §
41.61 (relating to areas of
acceptable practice; and Code of Ethics). Psychologists who practice outside
their areas of competence when providing substance abuse services are subject
to disciplinary action by the Board, including the suspension or revocation of
licensure.
(2) Substance abuse
services provided by a psychology practice through a psychology trainee
completing the supervised experience requirement for licensure. Board
regulations require that the trainee be supervised by a licensed psychologist
competent to perform the professional services rendered by the trainee. See
§§
41.31 and
41.32 (relating to educational
qualifications; and standards for supervisors). Psychologists who fail to meet
this requirement when supervising a trainee who provides substance abuse
services are subject to disciplinary action by the Board, including the
suspension or revocation of licensure.
(3) Substance abuse services provided by a
psychology practice through an unlicensed employee with graduate training in
psychology. Board regulations require that the employee be supervised by a
licensed psychologist competent to perform the professional services rendered
by the employee. See §
41.58 (relating to standards for
the employment and supervision of unlicensed persons with graduate training in
psychology). Psychologists who fail to meet this requirement when supervising
an unlicensed employee who provides substance abuse services are subject to
disciplinary action by the Board, including the suspension or revocation of
licensure.
Notes
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No prior version found.