Pa. Code 41.8

This is a statement of policy from the Pennsylvania State Board of Psychology clarifying that substance abuse services provided by licensed psychologists in sole or group psychology practices are exempt from Department of Health facility licensure under 28 Pa. Code Chapter 709. The Board asserts its own authority to regulate psychologists providing substance abuse services through its existing licensure and disciplinary framework, covering solo practitioners, supervised trainees, and supervised unlicensed graduate employees. This policy does not reconcile the Board's position with the Department of Health and does not address funding or reimbursement matters.

49 Pa. Code § 41.8 - Department of Health licensing of substance abuse services provided by psychology practices-statement of policy 

 State Regulations 

 Compare

(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

49

 Pa. Code §
 
41.8

The
 provisions of this § 41.8 adopted April 2, 1993, effective
 
4/3/1993
, 23 Pa.B.
 1585.

State regulations are updated quarterly; we currently have two versions available.
 Below is a 
comparison between our most recent version and the prior quarterly release.

 More comparison features will be added as we have more versions to compare.

 No prior version found.

 State Regulations Toolbox