Section 41.58. Standards for the employment and supervision of unlicensed persons with graduate training in psychology

(a) Statutory authority and purpose. Under section 3(12) of the act (63 P. S. § 1203(12)), psychologists licensed by the Board may employ ‘‘professional employes with graduate training in psychology,’’ who ‘‘shall perform their duties under the full direction, control and supervision of a licensed psychologist.’’ Section 41.58 sets standards for the employment and supervision of unlicensed persons who come within the statutory language. Section 41.58 does not apply to persons completing the experience requirement for licensure, to employes who are licensed and regulated by other Boards in the Bureau, or to employes of psychologists practicing in settings exempted from the licensure requirement under section 3(4), (6), (8) and (10) of the act.

(b) Responsibilities of employing psychologists and supervising psychologists. The employing psychologist shall ensure that the employe has satisfied the education requirement set out in the definition of ‘‘graduate training in psychology’’ in § 41.1 (relating to definitions) and shall bear full professional responsibility for the welfare of every client/patient served by the employe. The employing psychologist shall supervise the employe as set out in subsection (c) or shall assign the supervisory function to another licensed psychologist affiliated with the employment setting. A supervising psychologist shall be qualified to render competently every psychological service which the employe undertakes, except that clearly defined areas of the employe’s supervision may be delegated to other professionals affiliated with the employment setting whose competence in the delegated areas has been demonstrated by previous education, training and experience. Although the employing psychologist shall continue to bear the ultimate responsibility for services rendered by the employe, a psychologist who supervises an unlicensed person under this section shall be individually responsible for activities of that person performed under the psychologist’s supervision or pursuant to the psychologist’s delegation.

(c) Supervision requirements. The Board recognizes that variations in the training of unlicensed employes will require individually tailored supervision. The following are the minimum supervisory requirements acceptable to the Board:

(1) The supervisor shall ensure that the employe possesses skills commensurate with the work assigned.

(2) The supervisor shall plan all service delivery procedures in consultation with the employe. The supervisor shall acquire knowledge of clients/patients, through face-to-face contact when necessary, sufficient to carry out this duty effectively.

(3) The supervisor shall establish and maintain a level of supervisory contact consistent with professional standards. These standards require regular face-to-face consultation with the employe, either individually or in a group. In particular, the supervisor shall acquaint the employe with the Code of Ethics found in § 41.61 (relating to Code of Ethics) and shall, under that section, be accountable for ethical violations by the employe.

(4) The supervisor shall be available for emergency consultation and intervention.

(5) The supervisor shall maintain an ongoing record detailing the activities in which the employe is engaged, the level of competence in each, and the outcome of all procedures.

(6) The supervisor shall ensure that the employe signs all reports, records and other communications prepared by the employe for distribution or maintenance within the employment setting. Written communications prepared by the employe for distribution outside the employment setting shall be signed by the employe and countersigned as ‘‘reviewed and approved by’’ the supervisor.

(7) The supervisor shall ensure that the employe’s supervised status is made known to clients/patients and that the employe’s title clearly indicates this status. The supervisor shall provide clients/patients with specific information regarding the employe’s qualifications and functions.

(8) The supervisor shall inform clients/patients of the employe about the possibility of periodic meetings with the supervisor at their or the supervisor’s request.

(9) The supervisor shall simultaneously supervise no more than three full-time or their equivalent in part-time employes. Designation of full-time and part-time shall be made in accordance with the employer’s own personnel policy.

(d) Billing and public announcements. The employing psychologist shall disclose the unlicensed, supervised status of the employe when billing for psychological services of the employe and in public announcements of services and fees involving the employe.

(e) Noncompliance. Noncompliance with this section will be considered unprofessional conduct and will subject the noncomplying psychologist to disciplinary action under section 8(b) of the act (63 P. S. § 1208(b)).

The provisions of this § 41.58 adopted June 12, 1992, effective June 13, 1992, 22 Pa.B. 2982.

Notation

Authority

The provisions of this § 41.58 issued under section 3.2(2) of the Professional Psychologists Practice Act (63 P. S. § 1203.2(2)).

Notes of Decisions

Confidentiality

The privilege accorded psychotherapist-client communications is subject to qualification after the client’s death where: (1) there is an ongoing criminal investigation; (2) the client is not the alleged offender; (3) the criminal investigation concerns the client’s death; (4) the inquiry is in the context of a grand jury proceeding; and, (5) the evidence sought is relevant to the Commonwealth’s case against a third party. In re Subpoena No. 22, 709 A.2d 385 (Pa. Super. 1998).

Cross References

This section cited in 49 Pa. Code § 41.8 (relating to Department of Health licensing of substance abuse services provided by psychology practices—statement of policy); and 49 Pa. Code § 41.32 (relating to experience qualifications).