18 September 2007

proposed clinical psychology bill

REPUBLIC OF THE PHILIPPINES
CONGRESS OF THE PHILIPPINES
METRO MANILA

_______CONGRESS
_________REGULAR SESSION

SENATE/HOUSE BILL NO.______________

AN ACT REGULATING THE PRACTICE OF CLINICAL PSYCHOLOGY AND PSYCHOMETRICS IN THE PHILIPPINES KNOWN AS CLINICAL PSYCHOLOGY AND PSYCHOMETRICS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES


Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

ARTICLE I
TITLE, POLICY, OBJECTIVES, TERMS, AND PRACTICE

SECTION 1. Title. This Act shall be known as the “Philippine Clinical Psychology and Psychometrics Act of 2006”

SECTION 2. Declaration of Policy. The State recognizes the importance of Clinical Psychologists and Psychometricians in nation-building and development. Hence, it shall nurture competent, virtuous, productive and well-rounded Clinical psychologists and Psychometricians whose standards of practice and service shall be excellent, qualitative, world-class and globally competitive through inviolable, honest, effective, and credible licensure examinations and through regulatory measures, programs, and activities that foster their professional growth and development.

SECTION 3. Objectives. – This Act shall govern:
(a) The examination, registration and licensure of Clinical Psychologists and Psychometricians;
(b) The supervision, control, and regulation of the practice of Clinical Psychologists and Psychometricians;
(c) The development and upgrading of the curriculum;
(d) The development of the professional competence of Clinical Psychologists and Psychometricians through continuing professional education (CPE); and
(e) The integration of the Clinical Psychologists and Psychometricians profession.
Section 4. Definition of Terms. As used in this Act, the following terms shall have the following meanings:
(a) “Clinical Psychology” is the scientific study of the diagnosis and treatment of psychological (i.e., mental and/or emotional and/or behavioral) problems.
(b) “Clinical Psychologist” means a natural person who is registered and holds a valid certificate of registration and a valid professional identification card as clinical psychologist, issued by the Professional Regulatory Board of Clinical Psychology and Psychometrics and the Professional Regulation Commission pursuant to this Act.
( c ) “Psychometrician” means a natural person who holds a valid certificate of registration and a valid professional identification card issued by the Professional Regulatory Board of Psychology and the Professional Regulation Commission pursuant to this Act.
(d) “Board” refers the Professional Regulatory Board of Clinical Psychologists and Psychometricians created under this Act.
(e) “Commission” refers to the Professional Regulatory Commission created under R. A. No. 8981, known as the “PRC Modernization Act of 2000.”
(f) “APO” refers to the Accredited Professional Organization of Clinical Psychologists and Psychometricians that the Board has accredited subject to the approval by the Commission as the one and only and accredited integrated national organization of Clinical Psychologists and Psychometricians.

Section 5. Scope of Practice. The practice of Clinical Psychology and Psychometrics shall include, but not to be limited to, the following acts or activities:
(a)“Practice of Clinical Psychology” consists of the diagnosis and treatment of persons with psychological (i.e., mental and/or emotional and/or behavioral) problems. Clinical psychologists specialize in helping persons with psychological problems adjust to the demands of life. The practice of clinical psychology includes, but is not limited to:
1) Administering, scoring, and interpreting results of psychological tests including projective techniques for the purpose of diagnosing psychological functioning and composing a written integrated report on the nature and quality of such psychological functioning, arriving at a diagnosis of psychological problems and dysfunction, ascribing a prognosis for individual clients or patients, and suggesting or offering a plan for psychotherapeutic sessions or activities;
2) Interviewing, and/or rendering psychotherapeutic services to interviewing clients or patients, including their families or support groups whenever called for, directed at modifying maladaptive behaviors which are not attributable to organic causes;
3) Appearing as an expert witness in court proceedings or other proceedings involving psychological intervention.
4) Teaching courses in clinical psychology and psychometrics.

(b). “Practice of Psychometrics” consists of the following functions provided, that his or her performance thereof shall be under the supervision of a licensed psychologist:
(1) Administering and scoring of standardized psychological tests except projective techniques;
(2) Interpreting results of the same and preparing a written report on these results;
(3) Conducting preparatory intake interviews of clients for psychotherapeutic session, group activities involving psychology principles and/or research projects.
The Board subject to approval by the Commission may revise, exclude from, or add to the above-enumerated acts or activities as the need arises to conform to the latest trend in the practice of Clinical Psychology and Psychometrics.

Article II
PROFESSIONAL REGULATORY BOARD OF
CLINICAL PSYCHOLOGY AND PSYCHOMETRICS

SECTION 6. Creation and Composition of the Professional Regulatory Board of Clinical/Counseling Psychology and Psychometrics.

There is hereby created a Professional Regulatory Board of Clinical Psychology and Psychometrics, hereinafter called the Board, a collegial body under the administrative supervision and control of the Professional Regulation Commission, hereinafter-referred to as the Commission, to be composed of a Chairman and two (2) members appointed by the President of the Philippines from the list of three (3) recommendees for each position chosen and submitted to the Commission thereto from the list five (5) nominees for every position indorsed by the Accredited Professional Organization (APO). The Board shall be organized not later than six 6) months from the effectivity of this Act.

The first Chairman and members of the Board shall be automatically registered as Clinical Psychologists.

SECTION 7. Qualifications of Chairman and the Members of the Board. The Chairman and each member of the Board shall, at the time of their appointment, possess these qualifications. He/She must be:
(a) be a citizen and resident of the Philippines;
(b) of good moral character and good reputation and of sound mind and body;
(c) not convicted by a court of competent jurisdiction of an offense including moral turpitude;
(d) a holder of a Doctorate Degree in Psychology with concentration in Clinical Psychology and Psychometrics recognized by the government through the Commission on Higher Education (CHED) and conferred by a duly licensed school, college or university;
(e) a registered and licensed clinical psychologist with a valid certificate of registration and valid professional identification card having at least ten (10) years of practice prior to his/her appointment.
(f) A member in good standing of the APO.
(g) Not a member of the faculty of any school, college or university where a regular/review course in clinical psychology and psychometrics is offered, not a member of a staff of reviewers in a review school or center, and not have any direct or indirect pecuniary interest in any such institution; and
(h)Not be an officer or trustee of the APO.

SECTION 8. Term of Office. The Chairman and members of the Board shall hold office for a term of three (3) years from date of appointment or until their successors shall have qualified and been appointed. They may be reappointed in the same office for another term of three (3) years immediately after the expiry of their term; provided, the holding of such position be not more than two (2) terms or not more than six (6) years, whichever is longer; provided, further, the first Board under this Act shall hold these terms of office: The Chairman for three (3) years, the first member for two (2) years and the second member for one (1) year; provided. Furthermore, any appointee to a vacancy with an unexpired period shall only serve such period. The chairman and the members shall duly take their oath of office.

SECTION 9. Compensation, Allowances and other Benefit s. – The Chairman and members of the Board shall receive compensation, allowances, and other benefits comparable to those that the chairman and members of other professional regulatory boards under the Commission enjoy as provided for in the General Appropriation Act.

SECTION 10. Powers, Functions, Duties, and Responsibilities of the Board. - The Board shall exercise/administrative, rule-making, and quasi-judicial powers in carrying out the provisions of this Act. It shall be vested with the following specific powers, function, duties, and responsibilities:
(a) To regulate the practice of Clinical Psychology and Psychometrics in accordance with the provisions of this Act;
(b) To issue and promulgate rules and regulations implementing the provisions of this Act;
(c) To adopt and promulgate the Code of Ethics, the Code of Good Governance, and the Code of Technical Standards for the Practice of Clinical Psychology and Psychometrics.
(d) To adopt an official seal of the Board;
(e) To prescribe and promulgate guidelines on the Continuing Professional Education (CPE) for Clinical Psychologists and Psychometricians in consultation with the APO;
(f) To prescribe and promulgate the syllabi for the subjects in the licensure examination/s in consultation with the academe and the Commission on Higher Education (CHED);
(g) To issue or cancel temporary or special permit granted to foreign Clinical Psychologists and /or Psychometricians.
(h) To adopt a program for the walk-in licensure examination;
(i) To evaluate and approve applications for licensure examination/s;
(j) To prepare questions for the subjects in the licensure examinations, give and correct the said examinations, and release their results;
(k) To register with or without licensure examination/s qualified persons for the practice of Clinical Psychology and Psychometrics and issue thereto Certificates of Registration and professional identification cards;
(l) To administer oaths in the performance of its functions;
(m) To monitor the conditions affecting the practice of Clinical Psychology and Psychometrics through ocular inspections of establishments wherein Clinicalpsychologists and Psychometricians are practicing, and adopt such measures as may be deemed proper for the enhancement and maintenance of high professional., moral, ethical, and technical standards;
(n) To enter together with the Commission into a Memorandum of Agreement with the CHED in ensuring that all higher educational instructions and offerings of degree, course or program comply with the policies, standards, and requirements of the course prescribed by the CHED in the areas of curriculum, faculty, library, and facilities;
(o) To hear and investigate cases on violations of this Act, its implementing rules and regulations, the Code of Ethics, the Code of Good Governance, the Code of Technical Standards for the practice of Clinical psychology and Psychometrics, and other policies; and for this purpose, to issue summons, subpoena and subpoena duces tecum to alleged violators and/or witnesses to compel their attendance in such hearings or investigations;
(p) To delegate the hearing or investigation of cases against the alleged violators; provided, hearing or investigation of cases wherein the issue or question involved strictly concerns the technical practice of Clinical Psychology and Psychometrics shall be presided over by at least one (1) member of the Board assisted by a Legal or Hearing Officer of the Commission;
(q) To indorse cases involving criminal violations of this Act and other laws, its rules and regulations, and other policies to the Prosecution Office for investigation;
(r) To decide administrative cases against examinees or registered Clinical Psychologists and Psychometricians; provided, if they are guilty, to cancel their examination papers and/or debar them from taking another licensure examination, or to revoke/ suspend their certificate of registration; provided, further, the effectivity of the penalty shall only commence from the date of surrender of the said certificates together with the professional identification cards; provided, furthermore, the decision of the Board shall, unless appealed to the Commission, become final and executory after fifteen (15) days from receipt of notice of judgment or decision;
(s) To reissue or reinstate revoked/suspended certificate of registration and unexpired professional identification card to respondent’s holder thereof; provided, the revoked certificate of registration shall only be reissued after the lapse of the period provided in this Act; provided, further, the Board shall issue a resolution thereon subject to approval by the Commission, after he/she shall have established his/her fitness to practice anew his/her Clinical Psychology and Psychometrics and, provided, furthermore, the suspended certificate of registration shall only be reissued upon the period imposed in the decision of the Board;
(t) To conduct through the Legal or Hearing Officers summary proceedings on minor violation of this Act, its IRR, any of the Codes afore-mentioned, the General Instructions to Examinee committed by examinees, and to render summary judgment thereon which shall, unless appealed to the Commission, become final and executory after fifteen (15) days from receipt of notice of judgment or decision;
(u)To prepare an annual report of accomplishments, programs, projects, and activities of the Board during the year of submission to the Commission after the close of each calendar year and to make appropriate recommendations on issues or problems affecting the Clinical Psychology and Psychometrics to the Commission; and
(v) To discharge other implied, incidental, necessary powers, duties, functions, and responsibilities for the effective carrying out of the provisions of this Act and its policies or measures and the achievement of its objectives.

The rules and regulations, codes, and other policies embodied in a resolution and promulgated by the Board shall be subject to review and approval by Commission. However, the Board’s decision, resolution, or order rendered in administrative case which is not interlocutory shall be subject to review only if appeal to the Commission or the regular courts.

Section 11. Grounds for Removal or Suspension of Board ChairmanlMember. - The President of the Philippines, upon the recommendation he Commission, after giving the Chairman or the member of the Board an opportunity to defend himself/herself in an administrative investigation conducted the Commission, may remove or suspend him/her on any of the following grounds:
(a) Gross neglect, incompetence or dishonesty in the discharge of his/her duty.
(b) Violation of any of the causes/grounds! and the prohibited acts provided in this Act and the offenses in the Revised Penal Code, the Anti-Graft and Corruption Practices, and other laws;
(c) Manipulation or rigging of the licensure examination for Clinical Psychologists and Psychometricians results, disclosure of secret and confidential information on the examination questions prior to the conduct thereof, or tampering of grades.
The Commission, in the conduct of the investigation, shall be guided by Sec. 7 of R.A. No. 8981, the rules on administrative investigation, and the applicable ~ions of the New Rules of Court.

Section 12. Supervision of the Board, Custodian of its Records, Office of the Secretary, Professional Regulatory Boards (PRBs) and Support Services.
The Board shall be under the administrative supervision of the Commission. The Commission shall keep all records of the Board including applications for examination, examination papers and results, minutes of deliberation, and administrative cases. The Commission shall designate the Secretary of the Board shall be a staff member in the Office, Secretary, PRBs and shall provide the support services to the Board in order to implement the provisions of this Act.

ARTICLE Ill

EXAMINATION, REGISTRATION, CERTIFICATION, AND LICENSURE

Section 13. Passing of Licensure Examination Requirement. Except as otherwise specifically allowed under this Act, applicants for registration for the practice of Clinical Psychology and Psychometrics shall be required to pass a licensure examination as provided for in this Act in such places and dates as the Commission may designate in the Resolution thereof on the Master Schedules for all licensure ~examinations in accordance with Sec. 7 (d) of R.A. No. 8981.

SECTION 14. Qualifications of Applicants for the Licensure Examination for Psychometricians.
An applicant for the licensure examination for Psychometrician shall satisfactory prove that he/she possesses the following qualifications:
(a) Citizen of the Philippines or a foreign citizen whose country/state has reciprocity with the Philippines in the practice of Psychometrics.
(b) Of good moral character and sound mind and body;
(c) a holder of at least a Bachelor’s degree in Psychology conferred by a school/college/university duly authorized by the government or its equivalent degree obtained by either a Filipino or foreign citizen from an institution of learning in a foreign country/state, provided it is duly recognized and/or accredited by the Commission on Higher Education (CHED); and
(c) A holder of at least a bachelor’s degree in Clinical psychology and Psychometrics. Clinical Psychologists and Psychometricians duly recognized or accredited by the CHED and conferred by a school/college/university duly authorized by the government or its equivalent degree obtained by either a Filipino or foreign citizen from an institution of learning in a foreign country/state, provided it is duly recognized and/or accredited by the Commission on Higher Education (CHED) and must have obtained credits for the subjects covered in the examination; and
(d) Not convicted of an offense involving moral turpitude by a court of competent jurisdiction.

SECTION 15. Qualifications of Applicants for the Licensure Examination for Clinical Psychologist .

An applicant for the licensure examination for Clinical Psychologist shall satisfactory prove that he/she possesses the following qualifications:
(a) Citizen of the Philippines or a foreign citizen whose country/state has reciprocity with the Philippines in the practice of Clinical Psychology.
( b) Of good moral character and sound mind and body;
(c) A holder of at least a Master’s degree in Psychology with concentration in Clinical psychology duly recognized or accredited by the CHED and conferred by a school/college/university duly authorized by the government or its equivalent degree obtained by either a Filipino or foreign citizen from an institution of learning in a foreign country/state, provided it is duly recognized and/or accredited by the CHED and must have obtained credits for the subjects covered in the examination;
(d) Has supervised clinical experience of three hundred hours under a licensed clinical psychologist or psychiatrist; and
(e) Not convicted of an offense involving moral turpitude by a court of competent jurisdiction.

Section 16. Subjects for Licensure Examination. of Psychometrician. The Licensure examination/s for Psychometrician shall include, but not limited to, the following:
(A) Theories of Personality
(B) Developmental Psychology
(C) Abnormal Psychology
(D) Psychological Testing/Psychometrics
(E) Statistics
The Board, subject to approval by the Commission, may revise or exclude any of the subjects and their syllabi, and add new ones as the need arises to conform to technological changes brought about by continuing trends in the profession.

SECTION 17. Subjects for Licensure Examination of Clinical Psychologists. The licensure examination for Clinical Psychologists shall cover the following subjects:
(A) Research and Quantitative Analysis
(B) Advance Psychometrics and Projective Techniques
(C) Advanced Psychotherapy
(D) Advanced Psychopathology
(E) Individual Testing and Assessment

The Board, subject to approval by the Commission, may revise or exclude any of the subjects and their syllabi, and add new ones as the need arises to conform to technological changes brought about by continuing trends in the profession.

Section. 18. Rating in the Licensure Examination. - To pass the licensure examination for Clinical Psychologist and/or Psychometrician, a candidate must obtain a weighted general average of seventy-five percent (75%) with no grade lower than sixty percent (60%) in any given subject. However, an examinee who obtains a weighted average of seventy-five percent (75%) or higher but obtains a rating below sixty percent (60%) in any given subject, must take an examination in the subject or subjects where he obtained a grade below sixty percent (60%) within two (2) years from the date of the last examination. The subject or subjects retaken must have each a rating of no less than seventy-five percent (75%) in order to qualify as having passed the examination.

Section 19. Report of Rating. The Board shall submit to the Commission the ratings obtained by the candidate not later than ten (10) days after the last day of examination, unless it is extended for a valid cause.

Section 20. Registration Without Examination as Psychometricians. A person who possesses the qualifications required for admission in the examination for registration as a psychometrician may be registered without examination: Provided, that the applicant files with the Board within three (3) years after its creation an application for registration and issuance of a certificate of registration and professional identification card by submitting credentials showing that the applicant before the effectivity of this Act had obtained a bachelor’s degree in Psychology and had at least five (5) years teaching experience in psychology courses including at least two (2) semesters of psychological testing or full time work experience in the practice of psychometrics in the Philippines.

Section 21. Registration without examination as Clinical Psychologist. A person who possesses the pertinent qualifications required for admission in the examination for registration as a clinical psychologist pursuant to the provisions of this Act may be registered without examination: Provided, that the applicant files with the Board within three (3) years after its creation an application for registration and issuance of certificate of registration and professional identification card by submitting credentials showing that the applicant, before the effectivity of this Act, had:
(1) Obtained a doctoral degree in Psychology with concentration in Clinical Psychology and had earned at least either:
(a) three (3) years of teaching experience in clinical psychology or
(b) three (3) years of work experience in the practice of clinical psychology in the Philippines; or
(2) Obtained a masteral degree in Psychology with concentration in Clinical Psychology and had earned at least either:
(a) five (5) years of teaching experience in clinical psychology, or
(b) five (5) years of work experience in the practice of clinical psychology in the Philippines.

Section 22. Oath of Clinical Psychologists and Psychometricians. All successful candidates in the licensure examination and in the registration without examination shall take their oath of profession before the Chairman or any member of the Board; or any authorized officer of the Commission, or any person authorized by law, to administer oaths, prior to entering upon the practice of Clinical Psychology and/or Psychometrics.

Section 23. Issuance of Certificate of Registration and Professional Identification Card. A certificate of registration shall be issued to those who are registered with or without licensure examination subject to payment of fees prescribed by the Commission. It shall bear the signatures of the Chairperson of Commission and the Chairman and members of the Board, stamped with the official seal of the Commission and of the Board, certifying that the person named therein is entitled to the practice of the profession with all the privileges appurtenant thereto. Until withdrawn, revoked, or suspended in accordance with this Act, it shall remain in full force and effect.

A professional identification card bearing the registration number and date, validity and expiry duly signed by the Chairperson of the Commission shall wise be issued to every registrant who has paid the prescribed fee. It shall be issued after every three (3) years upon payment of the prescribed fees therefor.

Section 24. Refusal to Register. The Board shall not register any successful appIicant for registration with or without licensure examination who has been:
(a) Convicted of an offense involving moral turpitude by a court of competent jurisdiction,
(b) Found guilty of immoral or dishonorable conduct by the Board,
(c) Summarily adjudged guilty for violation of the General Instructions to Examinees by the Board, and
(d) Declared of unsound mind by the court of competent jurisdiction.

In refusing such registration, the Board shall give the applicant a written statement setting forth the reasons therefor and shall file a copy thereof in its records.

Section 25. Revocation or Suspension of the Certificate of Registration and Cancellation of Temporary/Special Permit. .The Board shall have the
power, upon notice and hearing, to revoke or suspend the certificate of registration
of a Registered and Licensed Clinical Psychologist and /or Psychometrician or to cancel a temporary/special permit granted to foreign Clinical Psychologist and/or Psychometrician for violation of any the grounds or causes in Sec. 23 of this Act, except (c) thereof and any of the following grounds:
(a) Violation of a provision of this Act, its IRR, Code of Ethics, Code of
Good Governance, Code of Technical standards for the practice of
Clinical Psychology and/or Psychometrics, policy, and measure of the Board and/or the Commission;
(b) Perpetration or use of fraud in obtaining his/her certificate of registration, professional identification card, temporary/special permit;
(C) Gross incompetence, negligence or ignorance resulting to death, injury or damage;
(d) Refusal to join or to remain member in good standing of the
APO;
(e) Neglect or failure to pay the annual registration fees for five (5) consecutive years;
(f) Non-renewal of the professional identification card;
(g) Aiding or abetting the illegal practice of a non-registered and licensed person by allowing him/her to use his certificate of registration and/or professional identification card or his/her special/temporary permit;
(h) Illegally practicing the profession during his/her suspension from the practice thereof;
( i ) Addicted to a drug or alcohol abuse impairing his/her ability to practice his/her profession or declared with unsound mind by a court of a competent jurisdiction;
( j) Non-compliance with the CPE requirement, unless he/she is exempted therefrom, for the renewal of his/her professional identification card;

The Board shall periodically evaluate the afore-mentioned grounds and or exclude or add new ones as the need arises subject to approval by Commission.

Any person, firm or association may file charge/s in accordance with provision of this Section against any registrant, or the Board may investigate violation of any of the above-mentioned causes. Affidavit-complaint shall be filed together with the affidavits of witnesses and other documentary evidence with the Board through the Legal and Investigation Office. The motu proprio move to conduct an investigation shall be embodied in a formal charge signed by at least majority of the members of the Board. The rules on administrative investigation issued by the Commission shall govern the hearing or investigation subject to applicable provisions of this Act, R.A. No. 8981 and the Rules of Court.

Section 26. Reissuance of Revoked Certificate of Registration, Replacement of lost or Damaged Certificate of Registration, Professional Idenfication Card or Temporary/Special Permit.- The Board may upon petition reinstate or reissue a revoked certificate of registration after two (2) years from the effectivity of the period for revocation, which is the date of surrender of the said certificate and/or the professional identification card if still valid to the Board and/or the Commission. The Board may not require the holder thereof to take another licensure examination. The petitioner shall prove to the Board that he/she has valid reason/s to practice his/her profession. For the grant of his/her petition, the Board shall issue a Board resolution subject to approval by the Commission.

Duplicate copy of lost certificate of registration, professional identification card or temporary/special permit may be reissued in accordance with rules thereon and upon payment of the prescribed fee therefor.

Section 27. Non-Payment of the Annual Registration Fees. The Board shall suspend a registered Clinical Psychologist and/or Psychometrician from the practice of his/her profession for non-payment of the annual registration fees for five (5) consecutive years from its last or previous year of payment. The resumption of his/her practice shall take place only upon payment of the delinquent fees plus surcharges and interest and in accordance with the rules of the Commission. The running of the five-year period may be interrupted upon written notice about the discontinuance of his practice and surrender of his/her certificate of registration to the Board and/or the Commission.

Section 28. Vested Rights: Automatic Registration. All Clinical Psychologists and/or Psychometricians registered at the effectivity of this Act shall automatically be registered hereunder, subject to the provisions herein set forth as to future requirements.

Certificates of Registration and Professional Identification Cards or Temporary/Special Permits held by such persons in good standing at such effectivity shall have the same force and effect as though they were issued on or after the said
effectivity.

ARTICLE IV
PRACTICE OF CLINICAL PSYCHOLOGY AND PSYCHOMETRICS

Section 29. Lawful Practitioners of Clinical Psychology and Psychometrics. The natural persons and juridical persons who shall be authorized to practice the Clinical Psychology and /or Psychometrics:
1) Natural persons who are:
(a) duly registered and licensed as Clinical Psychologist and/or Psychometrician and holders of valid certificates of registration and valid professional identification cards issued by the Board and the Commission pursuant to this Act; and
(b) holders of valid temporary/special permits issued by the Board and the Commission to foreign licensed Clinical Psychologist and/or Psychometrician pursuant to this Act.
2) Juridical persons:
(a) Single proprietorship whose owner and staff are registered and licensed Clinical Psychologists and/or Psychometricians.
(b) Partnership duly registered with the Security and Exchange Commission (SEC) as professional partnership pursuant to the Civil Code and composed of all partners who are all duly registered and licensed Clinical Psychologists and/or Psychometricians.
(c) Corporation duly registered with the SEC as engaged in the practice of Clinical Psychology and/or Psychometrics and with officers, Board of Directors who are all registered and licensed Clinical Psychologists and/or Psychometricians.
(d) Association duly registered with the SEC as not-for- profit and non-stock corporation whose officers, Board of Trustees, and members are all registered and licensed Clinical Psychologists and/or Psychometricians.

These juridical persons shall also be registered with the Board and the Commission in accordance with the rules and regulations thereon.

Section 30. Foreign Reciprocity. No foreigner shall be allowed to take the Iicensure examination for Clinical Psychology and/or Psychometrics, register, receive his/her certificate of registration and professional identification card, and practice Clinical Psychology and/or Psychometrics in the Philippines unless the requirements for the licensure examination and/or registration and practice of Clinical Psychology and/or Psychometrics imposed under the laws and regulations in his/her foreign country /state are substantially the same as those required and contemplated by the Philippine laws and regulations, and unless the said foreign laws and regulations allow Philippine citizens to practice Clinical Psychology and/or Psychometrics within the territory of the said foreign country/state on the same basis and grant the same privileges as those enjoyed by the citizens, subjects or nationals thereof.

Section 31. Practice Through Temporary/Special Permit. Special/
Temporary permit may be issued by the Board subject to approval by the Commission and payment of fees the latter has prescribed and charged thereof to the following:
( 1 ) Licensed Clinical Psychologist and/or Psychometrician from foreign countries/states whose services are either for a fee of free;
(a) lf they are internationally known Clinical Psychologists and/or Psychometricians or experts in any branch or specialty of Clinical Psychology and/or Psychometrics; and
(b) lf their services are urgently and importantly necessary for lack of inadequacy of available local specialists or experts for the promotion or advancement of the practice of Clinical Psychology and/or Psychometrics through transfer of technology.
(2) Licensed Clinical Psychologists and/or Psychometricians from foreign countries/states whose services shall be free and limited to indigent patients in a particular hospital, center or clinic.
(3) Licensed Clinical Psychologists and/or Psychometricians from foreign countries/states employed as exchange professors in a branch or specialty of Clinical Psychology and/or Psychometrics in schools, colleges or universities offering the course of Clinical Psychology and/or Psychometrics.
The permit shall, among other things contain these limitations and conditions for a period of no more than one (1) year subject to renewal, the branch or specialty of Clinical Psychology and/or Psychometrics, and the specific place of practice such as clinic, hospital, center, school, college or university offering the course of Clinical Psychology and/or Psychometrics. The Board subject to approval by the Commission shall promulgate rules and regulations on the implementation of this particular section.

Section 32. Indication of Numbers: Certificate of Registration, Professional Tax Receipt, and APO Membership The Clinical Psychologist and/or Psychometrician shall be required to indicate his/her Certificate of Registration Number and Date of Issuance, the expiry of his/her current Professional Identification Card, the Professional Tax Receipt Number and Date, and his/her APO Membership Number and Date with Official Receipt Number and Date of Membership Payment (Annual/lifetime) on the documents he/she signs, uses, or issues in connection with the practice of his/her Clinical Psychology and/or Psychometrics.

Section 33. Roster of Clinical Psychologists and/or Psychometricians - The Board shall prepare and maintain a roster of the names, residence and/or office address of all registered Clinical Psychologists and Psychometricians, which shall be updated annually in cooperation with the APO, indicating therein the status of the certificate of registration, professional identification card, and APO membership, whether valid, inactive due to death or other reasons, delinquent, suspended or revoked. The said roster shall be conspicuously posted within the premises of the Commission and the information therefrom made available to the public upon inquiry or request.

Section 34. Integration of the Clinical Psychologists and Psychometricians - The Clinical Psychologists and Psychometricians shall be integrated into one (1) national organization of Clinical Psychologists and/or Psychometricians that is duly registered with the Securities and Exchange Commission (SEC). The Board of/for Clinical Psychology and Psychometrics / Clinical Psychologists and Psychometricians subject to approval by the Commission shall accredit the said organization as the one and only integrated and accredited national organization of Clinical Psychologists and/or Psychometricicians. All Clinical Psychologists and/or Psychometricians whose names appear in the Registry Book of Clinical Psychologists and/or Psychometricians shall ipso facto or automatically become members thereof and shall receive there from all the benefits and privileges upon payments of APO membership fees and dues.

A membership in an affiliate organization of Clinical Psychologists and/or Psychometricians shall not be barred.

Section 35. Practice by Other Registered and Licensed Professionals under this Act. - Professionals who are registered and licensed under another professional regulatory law (PRL) shall not be prevented from practicing any of the activities in the scope of practice under this Act provided that such activity is also found in the said PRL.

Section 36. Posting of Certificate of Registration and Professional
Identification Card or Temporary/Special Permit. - The Certificate of
Registration and Professional Identification of Clinical Psychologists and/or Psychometricians or Temporary/special Permit in original or authentic/authenticated copies shall be posted by the registered and licensed Clinical Psychologists and/or Psychometricians in a conspicuous place in his/her office.

Section 37. Position with Practice of the Clinical Psychology and/or Psychometrics - Positions in public or private entities involving the practice of the Clinical Psychology and/or Psychometrics shall be occupied by persons who are duly registered and licensed Clinical Psychologists and/or Psychometricians with valid certificates of registration and valid professional identification cards or valid temporary/special permits that are issued under this Act.

ARTICLE V

Section 38. Penal Clause. - Any person who shall commit any of the following acts:
( 1 ) practicing Clinical Psychology and/or Psychometrics without a valid certificate of registration and/or a valid professional identification card or a valid temporary/special permit;
( 2 ) attempting to use the seal, certificate of registration and/or professional identification card of a registered Clinical Psychology and/or Psychometrics or temporary/special permit issued to foreign Clinical Psychologist and/or Psychometrician;
( 3 ) abetting the illegal practice of Clinical Psychology and/or Psychometrics by an unregistered or unauthorized person;
( 4 ) securing through false information or fraudulent means certificate of registration and/or professional identification card or temporary special permit;
( 5 ) impersonating a registered Clinical Psychologist and/or Psychometricians or a holder of a special/temporary permit; and
( 6 ) violating any provision oft his Act or the implementing rules and regulations thereof shall be, upon conviction, be fined with no less than ____________ pesos nor more than ________________ pesos, or imprisoned for no less than __________________ year nor more than _________________ years or be meted with both at the discretion of the court.

Section 39. Enforcement. - In carrying out the provisions of this Act, the Board shall be assisted by the Commission, the APO, duly constituted government agencies and authorities, and private organizations in the industry. A memorandum of agreement between agencies or organizations may be executed.

Section 40. Funds .The funds or budget for the implementation of this Act shall be included in the Annual Appropriation Act for the Commission, provided that the amount incurred for its initial implementation shall be charged against the Commission’s current year’s appropriation.

Section 41. Transitory Provisions. - The incumbent Board shall in an interim capacity continue to operate or function by carrying out the provisions of the Act without new appointments of the Chairman and members thereof until the first Board created under this Act shall have been constituted or organized pursuant thereto.

Section 42. Implementing Rules and Regulations. The board of Clinical Psychology and/or Psychometrics/Clinical Psychologists and Psychometricians subject to approval by the Commission, shall prescribe, promulgate, and issue a Board Resolution on the implementing rules and regulations of this Act after consultation with the APO, other agencies, and concerned private organization in the industry within ninety (90) days from the effectivity of this Act.

Section. 43. Separability Clause. If any provision, section, or part of this Act shall be declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair any other provisions, sections or parts hereof, but shall be merely confined to the provision, section, or part thereof that is directly involved in the issue upon which such judgment has been rendered.

Section 44. Repealing Clause. - Republic Act No. ____ or Presidential _Decree is hereby repealed. Laws, decrees, orders, letters of rules and regulations, or other issuances, and parts thereof with the provisions of this Act are likewise accordingly repealed or modified.

Section 45. Effectivity. - This Act shall take effect after fifteen (15) days following the full and complete publication thereof in t he Official Gazette or any newspaper of general circulation in the Philippines.

1 comment:

Anonymous said...

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