Legislation Governing the Psychotherapist Profession

L213/2004

Published in the OFFICIAL GAZETTE no. 492, dated 06/01/2004

L213/2004

Law no. 213 of May 27, 2004 on the practice of the profession of psychologist with the right to independent practice, the establishment, organization, and functioning of the Romanian College of Psychologists

Law no. 213, of May 27, 2004, on the practice of the profession of psychologist with the right to independent practice, the establishment, organization, and functioning of the Romanian College of Psychologists

Published in the Official Gazette, Part I no. 492 of June 1, 2004

Art. 1. This law regulates the manner of practicing the profession of psychologist with the right to independent practice, as well as the establishment, organization, and functioning of the Romanian College of Psychologists.

Art. 2. (1) The following have the right to practice the profession of psychologist:

a) Romanian citizens;

b) citizens of the member states of the European Union and of the other states of the European Economic Area, through establishment in Romania or under the temporary services regime; c) citizens of other countries with which Romania has bilateral agreements in the field.

(2) The practice of the profession of psychologist with the right to independent practice is carried out by the persons provided for in paragraph (1), who have graduated from a specialized higher education institution, with a bachelor’s degree in psychology or an equivalent degree, obtained at an accredited higher education institution, in Romania or abroad, recognized or validated, as the case may be, according to the law.

Art. 3. The psychologist with the right to independent practice is subject, in the practice of the profession, to the provisions of national, European, and international legislation concerning the fundamental rights of the individual.

Art. 4. (1) The psychologist with the right to independent practice carries out their activity based on the principle of professional independence, which grants them the right of initiative and decision in the performance of the professional act, with full assumption of responsibility for its quality. (2) The confidentiality of the psychological act is protected by law and is an obligation of every psychologist.

Art. 5. The psychologist with the right to independent practice carries out the following types of activities:

a) the study of human behavior and mental processes;

b) the investigation and recommendation of solutions for psychological problems;

c) the development and application of tests for measuring intelligence, abilities, aptitudes, and other human characteristics;

d) psychological testing, prevention, and psychotherapy of emotional and personality disorders, as well as phenomena of maladjustment to the social and professional environment;

e) the interpretation of data obtained and the development of recommendations considered necessary.

Art. 6. The profession of psychologist is practiced:

a) in the private sector, in salaried employment or independently with the right to independent practice, in accordance with the provisions of this law and other regulations and normative acts in force;

b) in the public sector, in which psychologists have, as the case may be, the status of civil servant, teacher, and other positions, in accordance with the provisions of special laws and the regulations or statutes of the respective institution.

CHAPTER II Practice of the Profession of Psychologist with the Right to Independent Practice

SECTION 1

Acquiring and Exercising the Right to Independent Practice Art. 7. (1) The right to independent practice implies the performance of the activities provided for in Art. 5 and the full assumption of responsibility for the quality of the professional act in relation to the beneficiaries of psychological services, in compliance with the specific regulations in the field. (2) The right to independent practice is exercised in handwriting, with the clear mention of the name, surname, and personal code from the Unique Register of Psychologists with the Right to Independent Practice in Romania, simultaneously with the application of one’s own stamp.

Art. 8. (1) The persons provided for in Art. 2 paragraph (1) obtain the certificate of independent practice under the conditions of this law. Obtaining the certificate entails registration in the Unique Register of Psychologists with the Right to Independent Practice in Romania.

(2) The persons provided for in Art. 2 paragraph (1) letter b), certified as psychologists by the competent authorities of the member states of the European Union and of the other states of the European Economic Area, obtain the right to independent practice following professional recognition, in accordance with the provisions of the special law and the European norms in the field. (3) The persons provided for in Art. 2 paragraph (1) letter b), who provide temporary services, are obligated to make a declaration regarding the services rendered, which is filed with the Romanian College of Psychologists, and are exempted from the certification procedure, as well as from the obligation to register in the Unique Register of Psychologists with the Right to Independent Practice in Romania or from paying an administrative fee. In this case, a simplified procedure is applied, established through the methodological norms for the application of this law.

Art. 9. The certificate of independent practice is issued on the basis of the methodological norms for the application of this law and a certified health status.

Art. 10. Depending on the competence and professional experience of the applicant, one of the following forms of certification may be granted:

a) the certificate of independent practice for activity under supervision conditions, for psychologists without experience in the respective field;

b) the certificate of independent practice in an association regime, for psychologists working in professional collectives;

c) the certificate of autonomous independent practice, for psychologists who meet the criteria of competence and professional experience established through the methodological norms for the application of this law.

Art. 11. The certificates provided for in Art. 10 letters a) and b) may be reviewed, upon request, after a minimum of one year.

Art. 12. The control and supervision of the manner of practicing the profession of psychologist with the right to independent practice are carried out in accordance with the provisions of this law.

SECTION 2

Forms of Practicing the Profession of Psychologist with the Right to Independent Practice Art. 13. (1) For the practice of the profession, psychologists with the right to independent practice may establish, at their choice, in accordance with the law, individual offices, associated offices, professional civil companies, or may carry out their activity on the basis of employment contracts, in accordance with the law. (2) Regardless of the form of practicing the profession, psychologists with the right to independent practice may hire employees, in accordance with the law.

Art. 14. (1) Individual psychology offices, established in accordance with the law, are declared to the Romanian College of Psychologists. Contractual relationships are established between the psychologist with the right to independent practice and the beneficiary of the services offered by them. (2) Individual offices may be associated by contract and are declared to the Romanian College of Psychologists. (3) The forms and methods of practicing the profession, declared to the Romanian College of Psychologists, are mandatorily registered in the Unique Register of Psychologists with the Right to Independent Practice in Romania.

Art. 15. (1) Professional civil companies are established, in accordance with the law, through a civil company contract concluded between 2 or more psychologists with the right to independent practice, and are declared to the Romanian College of Psychologists.

(2) Contractual relationships arise between the beneficiary and the professional civil company, regardless of which of the associated psychologists with the right to independent practice performs the professional service. (3) Within professional civil companies, the patrimony is common and belongs to the associates in the shares established through the civil company contract.

SECTION 3 Rights and Obligations of Psychologists with the Right to Independent Practice

Art. 16. The psychologist with the right to independent practice has the following rights: a) to carry out the activities provided for in Art. 5, in accordance with the type of certificate held; b) to obtain for the services rendered a fee or salary freely negotiated with the beneficiary.

Art. 17. The psychologist with the right to independent practice has the following obligations: a) to know and comply with the legal regulations in force regarding the practice of the profession of psychologist with the right to independent practice;

b) to conform to and respect the Code of Ethics of the profession of psychologist with the right to independent practice;

c) to exercise the right to independent practice within the limits established by the type of certificate held;

d) to pursue the improvement of professional qualifications;

e) to assume full professional responsibility toward the beneficiary, demonstrating conscientiousness and professional integrity;

f) to serve the interests of the beneficiary in accordance with the public interest and professional standards.

SECTION 4 Suspension and Termination of the Right to Independent Practice. Removal from the Unique Register of Psychologists with the Right to Independent Practice in Romania.

Art. 18. The right to independent practice is suspended:

a) temporarily, at the request of the registered person;

b) after 6 months of unjustified non-payment of the annual fee to the Romanian College of Psychologists, until full payment;

c) as a disciplinary sanction, for the entire duration of the sanction;

d) during the period of suspension of the right to practice, ordered by a final court decision.

Art. 19. (1) The right to independent practice ceases:

a) by written renunciation of the right to independent practice; b) if the registered person has been convicted of an offense provided for by law, in connection with the exercise of the right to independent practice, or if the complementary penalty of prohibition of the right to practice the profession has been applied by a final court decision. (2) The termination of the right to independent practice entails removal from the Unique Register of Psychologists with the Right to Independent Practice in Romania.

SECTION 5 Prohibitions and Incompatibilities in the Practice of the Profession of Psychologist with the Right to Independent Practice

Art. 20. The following may not practice the profession of psychologist with the right to independent practice: a) a psychologist who has been definitively convicted of committing an intentional offense against humanity or life in circumstances related to the practice of the profession of psychologist and for whom rehabilitation has not occurred;

b) a psychologist whose right to practice the profession has been prohibited, for the duration established by court decision;

c) a psychologist whose authorization to practice the profession has been temporarily suspended, as a disciplinary sanction, for the duration of the suspension.

Art. 21. The practice of the profession of psychologist with the right to independent practice is incompatible with: a) engaging in any activity likely to infringe upon professional dignity or good morals;

b) an inadequate state of health, certified by the Medical Expert Commission and Recovery of Work Capacity, in accordance with the law;

c) the deliberate use of professional knowledge or methods to the detriment of a person or for illegal purposes.

Art. 22. The persons provided for in Art. 2 paragraph (1) letters b) and c) must prove that they are not in a situation defined in Art. 20 and 21, through documents originating from the competent authorities of the respective countries.

CHAPTER III The Romanian College of Psychologists

SECTION 1 Organization and Attributions

Art. 23. (1) The Romanian College of Psychologists, hereinafter referred to as the College, is a professional organization, with legal personality, under private law, apolitical, autonomous and independent, of public interest, with its own patrimony and budget. The College has the role of representing and protecting at national and international level the interests of the profession of psychologist with the right to independent practice. (2) The College has its central headquarters in the municipality of Bucharest. (3) The College is constituted from all psychologists with the right to independent practice in Romania. (4) Psychologists with the right to independent practice have the right, without any restriction, to join other forms of professional association. (5) The College has the obligation to publish annually the Unique Register of Psychologists with the Right to Independent Practice in Romania.

Art. 24. The attributions of the College are as follows: a) ensures the organizational framework for the practice of the profession of psychologist with the right to independent practice under the conditions of this law; b) establishes quality standards for psychological services; c) establishes a framework for the promotion and development of professional competence; d) establishes and promotes ethical norms in the practice of the profession of psychologist with the right to independent practice; e) represents the interests of its members before public and administrative authorities, as well as in international professional organizations; f) certifies the right to independent practice of psychologists and manages the Unique Register of Psychologists with the Right to Independent Practice in Romania.

SECTION 2 Governing Bodies Art. 25. (1) The governing bodies of the College are: a) the National Convention; b) the Council of the College; c) the Executive Committee; d) the President of the College. (2) The election of the governing bodies of the College is done only by secret ballot. (3) Persons elected to the governing bodies serve a term of 4 years and no more than two consecutive terms. (4) Collective governing bodies make decisions by open vote, unless they decide otherwise.

Art. 26. (1) The National Convention is constituted from the representatives of the College members, based on a representation norm, proportional to the number of members in each branch. (2) The Convention meets, as a rule, once every 4 years. It may meet in extraordinary session at the request of the simple majority of the members of the Council of the College. (3) The convocation of the National Convention is made through the media, at least 3 months before the set date. (4) The National Convention is preceded by territorial conventions, which approve the representatives in accordance with the representation norm. (5) The National Convention is legally constituted in the presence of two-thirds of the delegated representatives. If at the first convocation the quorum condition is not met, the Executive Committee sets a new date, no sooner than 15 calendar days. In this situation, the National Convention is legally constituted in the presence of the majority of delegated members and adopts decisions with the majority of the members present.

Art. 27. The National Convention has the following attributions: a) approves the Internal Organization and Functioning Regulation, the Code of Ethics of the profession of psychologist with the right to independent practice, the Disciplinary Procedure Code, the Norms for the Approval of Assessment Methods and Techniques and Psychological Assistance, as well as amendments thereto; b) elects and revokes the President of the College and the members of the Executive Committee; c) approves the activity report of the Council of the College and other documents.

Art. 28. The Council of the College is constituted from the President of the College, who is also the President of the Council of the College, the members of the Executive Committee, and the presidents of the territorial branches.

Art. 29. (1) The Council of the College meets annually, at the convocation of the President of the College. (2) The Council of the College may also meet exceptionally, at the request of the simple majority of its members.

Art. 30. The attributions of the Council of the College are as follows: a) establishes the main guidelines regarding the fundamental problems of the profession of psychologist with the right to independent practice and of the College’s activity; b) analyzes and approves the activity report of the Executive Committee; c) approves the annual fee and the level of taxes necessary to cover the costs of certification and other services provided; d) approves the administrative structures of the Executive Committee, the establishment of new commissions, or the restructuring of existing ones; e) approves the financial audit report, carried out by an independent firm; f) approves the budget of revenues and expenditures of the College, the balance sheet of the College, and releases the Executive Committee from the management of funds.

Art. 31. The Executive Committee is constituted from the President of the College, who also holds the position of President of the Executive Committee, the presidents of the commissions provided for in Art. 35 and their members.

Art. 32. The rightful substitute of the President of the Executive Committee, in case of unavailability, is the President of the Ethics and Discipline Commission or another commission president, designated by the Executive Committee.

Art. 33. The Executive Committee has the following attributions: a) issues the certificate of psychologist with the right to independent practice; b) issues the approval for assessment methods and techniques and psychological assistance, as well as the manner of their use; c) proposes to the authorized institutions courses and other forms of continuing education in the field of psychology, in accordance with the legal provisions; d) develops the Internal Organization and Functioning Regulation; e) develops the Code of Ethics of the profession of psychologist with the right to independent practice; f) develops, together with the Ministry of Education and Research, the methodological norms for the application of this law; g) develops the Disciplinary Procedure Code and oversees its application; h) develops the Norms for the Approval of Assessment Methods and Techniques and Psychological Assistance; i) prepares, updates, and makes public the Unique Register of Psychologists with the Right to Independent Practice in Romania; j) mediates disputes between psychologists with the right to independent practice, between them and the beneficiaries of psychological services, as well as between psychologists and their employers, in matters related to the practice of the profession of psychologist with the right to independent practice; k) reports to the competent authorities cases of illicit practice of the profession of psychologist with the right to independent practice; l) proposes the level of taxes for services provided, as well as the annual fee.

Art. 34. The Executive Committee operates through plenary sessions and through commissions, whose competencies and periodicity are established through the Internal Organization and Functioning Regulation.

Art. 35. (1) Within the Executive Committee, the following commissions operate: a) applied commissions: the Commission for Clinical Psychology and Psychotherapy; the Commission for Work, Transport, and Services Psychology; the Commission for Educational Psychology, School and Vocational Counseling; the Commission for Psychology in Defense, Public Order, and National Security; b) the Methodological Commission; c) the Ethics and Discipline Commission. (2) The commissions provided for in paragraph (1) are specialized organizational structures whose attributions are established through the Internal Organization and Functioning Regulation. (3) Depending on needs, existing commissions may be established, dissolved, or restructured.

Art. 36. The commissions have the following attributions: a) the applied commissions carry out the procedures provided for in the methodological norms for the application of this law and propose to the Executive Committee the issuance of the certificate in the corresponding specialization domains; b) the Methodological Commission approves the methods and techniques of psychological assistance in accordance with the Norms for the Approval of Assessment Methods and Techniques and Psychological Assistance; c) the Ethics and Discipline Commission monitors compliance with the Code of Ethics of the profession of psychologist with the right to independent practice, judges breaches of its provisions, and applies sanctions, in accordance with this law.

Art. 37. Each commission is led by a bureau consisting of a president, a vice-president, a secretary, and has a technical secretariat.

Art. 38. The commissions develop norms and procedures for professional control and supervision in their respective domains, approved by the Council of the College, ensuring the training of persons with control attributions.

Art. 39. The members of the Executive Committee and of the leadership of the territorial branches are entitled to session allowances established through the Internal Organization and Functioning Regulation and to the reimbursement of travel expenses related to the fulfillment of specific attributions.

Art. 40. The President of the College and the presidents of the commissions provided for in Art. 35 ensure the operational management of the College.

Art. 41. The President of the College has the following attributions: a) represents the College in relations with other organizations and institutions in the country and abroad; b) concludes conventions and contracts on behalf of the College, with the approval of the Executive Committee; c) convenes and presides over the sessions of the Executive Committee, the Council of the College, and the National Convention; d) authorizes the budgetary expenditures of the Executive Committee.

SECTION 3 Territorial Branches of the College Art. 42. (1) The College has territorial branches, at county level and in the municipality of Bucharest. (2) If in a county there are fewer than 50 psychologists with the right to independent practice, territorial branches may be established through the association of psychologists from neighboring counties.

Art. 43. The governing bodies of the territorial branches are: a) the branch convention; b) the branch committee; c) the branch president.

Art. 44. The branch convention represents the deliberative forum of the College members, domiciled in the respective area, and has the following attributions: a) debates the specific problems of current professional practice; b) approves the annual activity report of the branch committee; c) elects and revokes the president and members of the branch committee; d) elects the representatives for the National Convention; e) proposes candidates for the position of President of the College and for membership in the Executive Committee.

Art. 45. The branch convention meets annually at the convocation of the branch president or at the request of the majority of the branch members.

Art. 46. (1) The branch committee is the coordination structure at the territorial level and is under the authority of the Executive Committee. (2) The branch committee is led by a president and is constituted of an odd number of members. (3) The attributions of the branch committee: a) prepares the annual activity report and, after its approval by the branch convention, submits it to the Executive Committee; b) informs members about the decisions of the College; c) may make proposals for representation at the National Convention; d) may make proposals for candidacies for president and members of the Executive Committee; e) controls the professional activity of the College members in the area of the respective branch, on the basis of the mandate given by the Executive Committee, and endorses the files of the psychologists with the right to independent practice proposed for control activities; f) receives the certification files, verifies their conformity, and transmits them to the Executive Committee.

Art. 47. The rightful substitute of the branch president is the member of the branch committee with the greatest professional seniority.

SECTION 4

Unique Register of Psychologists with the Right to Independent Practice in Romania Art. 48. (1) The Unique Register of Psychologists with the Right to Independent Practice in Romania contains the list of psychologists with the right to independent practice, in accordance with the provisions of this law. (2) The Register is a public document, made available to beneficiaries of psychological services, with the purpose of certifying the right to independent practice and the domains of competence of the College members. (3) The Executive Committee has the obligation to ensure the publicity of the Unique Register of Psychologists with the Right to Independent Practice in Romania, through electronic means and through its annual publication.

CHAPTER IV Financing the Activity of the College Art. 49. The sources of financing of the College are the following: a) fees; b) taxes; c) donations and sponsorships from natural and legal persons; d) other sources, in accordance with the laws in force.

Art. 50. The allocation of the budget for the Executive Committee and branch committees is approved by the Council of the College.

Art. 51. Funds are used for personnel expenses, material expenses, investments and endowments, as well as for other purposes belonging to the specific field of activity.

Art. 52. Financial activity is subject to control by the competent authorities.

CHAPTER V Disciplinary Liability Art. 53. The Executive Committee of the College adjudicates disputes and ethical, disciplinary, and professional violations of psychologists, in accordance with the Disciplinary Procedure Code. Art. 54. (1) Psychologists with the right to independent practice who breach the provisions of this law and the specific regulations regarding the practice of the profession of psychologist or do not respect the Code of Ethics are subject to disciplinary liability depending on the gravity of the violation, and may be sanctioned with: a) reprimand; b) warning; c) temporary suspension, for a period of 6 to 12 months, of the authorization to practice the profession; d) definitive withdrawal of the certificate. (2) The sanctions provided for in paragraph (1) are communicated within 10 days to the territorial labor inspectorate, as well as to the institution or entity with which the sanctioned psychologist has concluded an employment contract.

Art. 55. The sanctions provided for in Art. 54 paragraph (1) letters a) and b) are applied by the Ethics and Discipline Commission, at the proposal of the specialty commissions of the Executive Committee, and those mentioned in Art. 54 paragraph (1) letters c) and d), by the Executive Committee, at the proposal of the Ethics and Discipline Commission. Art. 56. The sanctions provided for in Art. 54 paragraph (1) letters a) and b) may be contested before the Executive Committee, and those mentioned in Art. 54 paragraph (1) letters c) and d), before the Council of the College. Art. 57. The disciplinary liability of psychologists with the right to independent practice certified under this law does not exclude criminal, misdemeanor, civil, or material liability, in accordance with the legal provisions. Art. 58. The practice of the profession of psychologist, under conditions of independent practice, by a person who does not have this qualification constitutes a criminal offense and is punishable in accordance with the Penal Code.

CHAPTER VI Transitional and Final Provisions Art. 59. The Association of Psychologists in Romania designates an initiative committee that convenes the Constituent Assembly of the College, within 3 months of the entry into force of this law.

Art. 60. The Constituent Assembly of the College elects the Provisional Executive Committee, the Interim President, and designates territorial initiative committees.

Art. 61. The Executive Committee elected by the Constituent Assembly of the College develops within 6 months the documents provided for in Art. 33 letters d), e), g), and h) and, within the same period, convenes the National Convention of the College.

Art. 62. Three months before the National Convention, the committees of the territorial branches of the College organize branch conventions, which elect committee members, designate representatives to the National Convention, and approve the proposals for positions at the College level.

Art. 63. The National Convention approves the organizational and functioning documents provided for by this law, elects the President and the members of the Executive Committee, for a term of 4 years.

Art. 64. The imposition by the College of any restrictions regarding the location and number of independent practice psychology offices is strictly prohibited.

Art. 65. The methodological norms for the application of this law are approved by Government decision within 60 days of the establishment of the governing bodies of the College.

Art. 66. This law enters into force 30 days after its publication in the Official Gazette of Romania, Part I.

This law was adopted by the Senate in the session of May 17, 2004, in compliance with the provisions of Art. 76 paragraph (1) of the Constitution of Romania, republished.