ACT No. X of 2004 An Act to provide for the regulation of the psychology profession and to provide for matters connected therewith or ancillary there to.

I assent.

E DWARD F ENECH A DAMI

(L.S.)

President

10th August, 2004

ACT No. X of 2004

An Act to provide for the regulation of the psychology profession

and to provide for matters connected therewith or ancillary

there to.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows>-

(1)

The short title of this Act is the Psychology Profession Short title and

commencement.

Act, 2004.

(2) This Act shall come into force on such a date as the

Minister responsible for social policy may by notice in the Gazette

appoint and different dates may be so appointed for different

provisions and different purposes of this Act.

In this Act, unless the context otherwise requires>

Interpretation.

“adaptation period” means a period during which a person

may exercise the profession of psychology in Malta under the

supervision of a registered psychologist, which period may

include the provision of such further training to such person, as

may be required by the Board at the end of which an assessment

shall be carried out<

“the Board” means the Malta Psychology Profession Board

established by article 4 of this Act<

“the Minister” means the Minister responsible for social policy<

“to practise” in relation to the profession of psychology,

includes>-

(a) the taking up or pursuit of the profession of

psychology< and

(b) the use, in the course of such pursuit, of the

professional title of “Registered Psychologist” or the

designatory letters “RPsy”<

“prescribed” means prescribed by regulations made by the

Minister under this Act<

“proficiency test” means a test having the aim of assessing

a person’s ability to pursue the profession of psychology in

Malta, as may be required by the Board in accordance with the

provisions of this Act<

“psychology” means the observation, description,

evaluation, interpretation, research and, or modification of

human behaviour by the application of psychological principles,

methods or procedures for the purpose of preventing or

eliminating symptomatic behaviour and of enhancing

interpersonal relationships, work and life adjustments, personal

effectiveness, learning, behavioural and, or mental health<

“recognised honours degree” means such honours degree

in psychology as may be prescribed for the purpose of paragraph

(j) of article 5 and of paragraph (h) of article 18 of this Act<

“registered psychologist” or “psychologist” means a person

who is registered in the official register of psychologists kept by

the Board and who has been granted a warrant to practise the

profession of psychology, in accordance with article 6 of this Act<

“warrant” means a warrant, issued under article 6 of this Act.

(1) No person can hold himself out to be a psychologist

or exercise the profession of psychology against remuneration or

hold himself to be professionally qualified to do so or assume the

title or designation of a registered psychologist unless he is the holder

of a warrant issued under this Act.

(2) The warrant under subarticle (1) of this article shall

not entitle the holder thereof to exercise the profession of psychology

in such areas of specialised psychology as may be prescribed by the

Minister as requiring additional qualifications and, or, training, unless

the warrant so specifies.

(3)

A person shall not qualify for a warrant unless such

person -

(a) is a Maltese citizen, or is otherwise permitted to work

in Malta under any law< and

(b)

is of good conduct< and

(c) is in possession of the Masters Degree in Psychology

conferred from the University of Malta or of another

professional qualification as the Board may deem equivalent<

and

(d) satisfies the Board that he has received adequate

experience in the practice of the profession of psychology for

an aggregate period of at least two years full-time or its

equivalent in part-time following the completion of such degree

or such other professional qualification under the supervision

of a registered psychologist.

(4) The Minister may prescribe, in place of any of the

minimum requirements established under the foregoing provisions

of this article, other minimum requirements in terms of any

international or multinational treaty or agreement entered into by

Malta or with the provisions of any legislation the binding force of

which derives from any such treaty or agreement.

(5) Without prejudice to any provision made by or under

the Mutual Recognition of Qualifications Act, where the duration

of a course leading to the professional qualification possessed by an

applicant is less than the duration for the course leading to the Degree

conferred by the University of Malta or when the experience referred

to in paragraph (d) of subarticle (3) of this article is less than two

years, the Board may require the applicant to undertake such

adaptation period not exceeding twice the shortfall, as the Board

may specify. In addition the Board may also submit the applicant to

a proficiency test.

(1) There shall be a Board to be known as the Malta

Psychology Profession Board which shall consist of seven members

as follows>-

(a) four members appointed by the Minister following

consultation with any association, if any, registered with the

Board in accordance with the provisions of this Act, of whom>

(i) one shall be a chairperson who shall be of

recognised standing in the psychology profession having

at least six years experience in psychology practice<

(ii) two psychologists who exercise the profession

of psychology, one of whom from within the public sector<

and

(iii) one person who shall be an advocate with at

least five years experience<

(b) (i) two members nominated by such associations

registered with the Board if any, in accordance with the

provisions of this Act and appointed by the Minister<

(ii) one psychologist nominated by and from

amongst the permanent academic staff responsible for

psychology education and training at the University of Malta>

Provided that in relation to the first appointments,

“psychologist” means any person who is qualified to be registered

under this Act>

Provided further that for the purpose of paragraphs (a) and (b)

hereof, the associations to be consulted or to make nominations in

relation to the first appointment shall be associations that have the

qualification to be eventually registered under this Act.

(2) The nominations made in terms of sub-paragraph (i)

and (ii) of paragraph (b) of this article shall, for the first time be

made within two weeks from a request in writing made therefor by

the Minister, and for any subsequent nomination, within one month

from the occurrence of any vacancy or when the vacancy arises due

to the expiry of the term of office, within one month prior to the said

expiry. In the absence of any such nomination, the Minister shall

make the appointment from amongst psychologists.

(3)

Members of the Board shall hold office for a term of

two years>

Provided that the term of office for the first members of the

Board appointed under sub-paragraphs (i), (ii) and (iii) of paragraph

(a) of subarticle (1) of this article, shall be of three years, and the

second or any subsequent appointment made on the lapse of this

initial term shall be for a term of two years.

(4) Members of the Board shall, on the expiration of their

term of office, be eligible to be reappointed, but they may not serve

the Board for more than three consecutive terms.

(5) In the event that any Board member vacates his office

before completing the appointed term, the person appointed in his

stead shall be appointed for the unexpired period of the original

appointment.

(6) The number of members attending necessary to form

a quorum shall be four, but subject to the presence of a quorum, the

Board may act notwithstanding any vacancy among its members.

(7) The Minister shall designate a public officer to act

as secretary to the Board, but such secretary shall not have a vote.

(8) The chairperson of the Board shall have both an

original vote and, in the case of a tie, a casting vote.

(9) Save as aforesaid and as may be prescribed, the Board

may make its own rules and otherwise regulate its own procedures.

(10) The meetings of the Board shall be summoned by

the Chairperson and the Board shall meet as often as may be

necessary, but at least once every three months.

(11) In the exercise of its functions under this Act, the

Board may consult with such persons as it may deem appropriate.

For such purpose, the Board may invite any such person to attend

meetings of the Board.

(12) The Board shall keep a true and correct record of

all its proceedings and the Board shall give to the Minister such

information as he may require.

(1) Without prejudice to its other powers and functions,

the purpose of the Board is to regulate the practice and the eligibility

to practise the profession of psychology in Malta, and in particular

to -

(a) establish and, where necessary, assess existing

psychology standards and develop new continuing psychology

professional development and other standards, and recommend

to the Minister in relation to initial and continuing psychology

education, proficiency, experience and other qualifications

required for holding a warrant under this Act<

(b) consider, process and make recommendations to the

Minister with regard to applications for equivalence and

recognition of qualifications in psychology<

(c) examine applications for a warrant to practise the

profession of psychology in Malta and make recommendations

to the Minister on the award or refusal thereof<

(d) keep an official register of all registered

psychologists<

(e) keep an official register of all partnerships of

psychologists<

(f) keep such information as may be required in relation

to associations representing psychologists in Malta, registered

under the provisions of this Act<

(g) make recommendations to the Minister on the code

of ethics to be prescribed for the professional behaviour of

psychologists< such recommendation shall be made following

consultation with the associations registered under the

provisions of this Act<

(h) inquire into any allegation of professional

misconduct, gross negligence or incompetence by a

psychologist<

(i) advise, or make recommendations or otherwise

express its views to the Minister on any matter on which the

Minister is to consult with the Board or on which the Board is

to make recommendations to the Minister or on which the

opinion or recommendation of the Board is sought by the

Minister<

(j) make recommendations to the Minister to prescribe

in relation to the employment of persons who are in possession

of a recognised honours degree or its equivalent but who do

not qualify for a warrant under this Act, and who are working

under the supervision of a registered psychologist in such

establishments or agencies as may be prescribed<

(k) perform such other functions as may arise from this

Act or any other law, or as may be assigned to it by the Minister.

(2) The Board shall, not later than three months after the

end of each year, publish in the Gazette a list of persons who on the

31st December of the said year, were registered in the official register

of psychologists, and a list of partnerships registered in the official

register of partnerships of psychologists.

(3) The Board shall draw up and publish an annual report

concerning its general operations.

(1) Any person seeking to obtain a warrant to practise Warrants.

the profession of psychology in Malta shall make an application to

the Board.

(2) If the Board is satisfied that the applicant satisfies

the minimum requirements established under this Act, it shall make

a recommendation to the Minister for the issue of a warrant.

(3) Where, following an adaptation period where

necessary, the Board is satisfied that the applicant has successfully

completed his training, the Board shall make a recommendation to

the Minister for the issue of a warrant.

(4) For the purpose of establishing whether an applicant

has successfully completed his training as aforesaid, the Board may

submit the applicant to a proficiency test under the provisions of

this Act.

(5) A warrant issued by the Minister under this Act may

be issued subject to such limitations or conditions as the Board may

recommend in any particular case. Such warrant shall include the

area of specialised psychology in which the warrant holder may

practice and may include such special conditions for such specific

periods as the Board may recommend in accordance with the

provisions of this Act and any regulations made thereunder.

(6) In the consideration of an application by any person

or by a warrant holder for the practice of the profession in a

specialisation of psychology, the Board may direct that such person

shall, in addition to the submission of such qualifications as may be

prescribed, undertake and successfully complete such training or

adaptation period as the Board may indicate.

(7) A warrant issued under this Act shall continue to have

effect provided that the warrant holder shall prove to the satisfaction

of the Board that he has carried out such programme or programmes

of continuing professional development as may be prescribed>

Provided that when a warrant holder fails to prove to the

satisfaction of the Board that he has carried out such programme or

programmes of continuing professional development, the warrant

of the warrant holder shall be considered suspended until such time

as he proves to the satisfaction of the Board that he meets the

requirements that may be prescribed.

The Board shall consider and make its recommendations

on an application for a warrant to practise the profession of

psychology as soon as is reasonably practicable but in no case later

than four months from the receipt of the application together with

all the relevant information and documentation in support of the

application. On making its recommendations to the Minister, the

Board shall concurrently notify the applicant of its recommendations,

together with the reasons upon which these were based.

(1) A person shall not be qualified to obtain or shall not

retain a warrant in terms of this Act if he has been convicted by any

competent court for any crime liable to imprisonment for a term

exceeding one year.

(2) Where a person loses his warrant following a

conviction as is referred to in the preceding subarticle, notice of

such loss shall be given by the Minister in the Gazette and shall be

communicated by the Board to the person disqualified unless the

person has been interdicted by the judgement itself.

(3) The Minister may, at any time, on the

recommendation of the Board, reinstate a person who has lost his

warrant or grant a warrant to a person who is disqualified in terms

of subarticle (1) of this article.

(1) The Board shall inquire into any alleged professional

misconduct, gross negligence or incompetence in relation to a

psychologist.

(2) For the purposes of this article, the terms

“professional misconduct”, “gross negligence”, or “incompetence”,

include the following>-

(a) obtaining a warrant in a deceitful or fraudulent

manner<

(b) contravention against the Code of Ethics established

under this Act<

(c) failure to comply with regulations with respect to

professional standards or practice<

(d) failure to comply with any condition attached to the

warrant issued under this Act<

(e) use of therapeutic interventions or assumption of

professional competence for which the person is not qualified

or the person concerned is not authorised to practise in terms of

his warrant<

(f) acting in a manner which may be detrimental to the

psychology profession<

(g) displaying lack of knowledge, skill or judgement in

the practice of the profession of psychology or in carrying out

of a duty or obligation undertaken in the practice of psychology.

(3) Any psychologist who is the subject of any inquiry

carried out by the Board shall be given all the opportunity to make his

defence and bring any evidence in his favour and for such purpose he

may be represented by a lawyer or by any other person of his choice.

(4)

On finalising the inquiry the Board shall -

(a) if it finds in favour of the psychologist, dismiss the

case< or

(b) if it finds the psychologist guilty of the alleged

professional misconduct, gross negligence or incompetence,

make a report of its findings and submit it to the Minister

together with its recommendation for the imposition of any of

the following penalties>-

(i) suspension or cancellation of the warrant subject

to such conditions as may be recommended<

(ii) suspension or cancellation of the registration of

a partnership of psychologists<

(iii)

imposition of conditions to be attached to a

warrant<

(iv)

reprimand<

(v)

payment to cover the costs of the inquiry<

(vi) order the waiver, reduction or refund of any fees

charged for services rendered< or

(vii)

any other penalty as may be prescribed.

(5) On the cancellation of the warrant of a psychologist

the Board shall strike off the name of such person from the official

register of psychologists.

(6) For the purposes of this article, the members of the

Board have the powers that are or may be conferred under the

Inquiries Act, and shall conduct their inquiry as provided for in the

same Act.

(1) Where it has been decided by the Minister, following

the recommendations of the Board that the warrant of a person be

suspended or cancelled or that additional conditions be attached to

such warrant, that person may, within twenty-one days of the

Minister’s notification, appeal to the Court of Appeal in its inferior

jurisdiction.

(2) The Minister responsible for justice may make

regulations prescribing the fees that shall be payable in the Registry

of the Court in connection with appeals under this article>

Provided that until such time as fees are so prescribed by the

Minister responsible for Justice, the fees payable with respect to

appeals to that Court shall be the fees applicable to the Court of

Magistrates (Malta).

(3) The Board established under article 29 of the Code

of Organization and Civil Procedure shall make rules establishing

the form of such appeals and any other matters related thereto.

The Minister may, on the recommendation of the Board,

and upon application to this effect, remove such suspension or

cancellation, if the applicant meets such requirements that may be

prescribed. Where the warrant of the psychologist has been

reinstated, such psychologist is to be again registered in the official

register.

(1) Any association of psychologists may make an Association of

psychologists.

application to the Board to be registered as an association of

psychologists for the purposes of this Act.

(2) An association shall be qualified to be registered

under this article if it proves to the Board that it has a membership

of at least ten registered psychologists and that it conforms with

such other conditions as may be prescribed. An association shall

submit together with the application a list of members and such other

information as the Board may require to process the application.

(3) The Board shall have the power to require any

association registered under this article to produce such records and

information regarding the association and its members as the Board

may reasonably require from time to time.

(1) Two or more warrant holders may form a civil Partnerships

psychologists.

partnership, in this Act referred to as a “partnership of psychologists”,

having for its exclusive object the practice of the profession of

psychology and such powers as are necessary for the attainment of

the objects of the partnership.

(2) No person other than a warrant holder may be a

partner in a partnership of psychologists.

(3) Any such partnership shall, when duly formed

according to law and on payment of the prescribed fee, be registered

with the Board and upon registration the partners shall, for as long

as it is so registered, be authorised to act in the name and on behalf

of the partnership which shall be entitled to the designation

“Psychologists” as part of its name.

(4) Every such partnership shall give to the Board such

information as the Board may reasonably require or as may be

prescribed, and shall give notice to the Board of any relevant changes

in any information previously given to the Board within fifteen days

after the date on which the change occurs.

(1) Notwithstanding the provisions of any other law or Conditions

applying to a

any other agreement to the contrary, the following provisions shall partnership.

apply to a partnership of psychologists under this Act>-

(a) the partners shall be jointly and severally responsible

for the actions and omissions of each and every one of them in

the performance of their professional duties, the maintenance

of the required professional standards and conduct and generally

in the fulfilment of their obligations under this Act or any other

applicable law, and shall also be jointly and severally liable for

any loss or damage resulting therefrom<

(b) any act or thing that may be done by a warrant holder

may be done by one or more of the partners in the name of the

partnership< and any act or thing done in the name of the

partnership shall be done by one or more of the partners<

(c) the responsibilities and liabilities for anything done

or omitted to be done during the period in which a person was

a partner in a partnership of psychologists shall not cease, in

respect of such person, by his retirement, death or other cause

by which he ceases to be a partner.

(2) Notwithstanding the forgoing provisions of this

article, no partner shall exercise the profession of psychology in a

specialised area if he is not so entitled by virtue of this warrant,

unless he is acting under the supervision of a partner who is in

possession of a warrant that entitles him to perform the psychology

profession in such specialised area.

The provisions of articles 9, 10 and 11 of this Act shall

apply to partnerships of psychologists as they apply to psychologists

mutatis mutandis.

(1) Any person who, for the purpose of obtaining a

warrant or registering a partnership of psychologists under the

provisions of this Act, knowingly gives any false information or

otherwise acts in a deceitful or fraudulent manner, shall be guilty of

an offence and shall, on conviction, be liable to a fine (multa) not

exceeding one thousand Maltese liri or to imprisonment not

exceeding twelve months or to both such fine and imprisonment.

(2) Any person who is found guilty of any other offence

against this Act shall be liable on conviction to a fine (multa) not

exceeding five hundred Maltese liri, or to three months imprisonment

or to both such fine and imprisonment, and in the case of a continuing

offence to a fine (multa) of five Maltese liri for each day during

which the offence continues, subject to a maximum of two thousand

Maltese liri.

(3) Any person who, not being the holder of a warrant

issued under this Act, practices the profession of psychology or

assumes the designation of, or purports to be, a psychologist or carries

out any psychology practice in contravention of the provisions of

this Act, shall be guilty of an offence against this article.

(4) Any person who uses the words “Psychologists” in

relation to a partnership of psychologists where such partnership is

not registered in accordance with the provisions of this Act, or in

any manner whatsoever makes use of a name falsely implying the

existence of a partnership of psychologists registered as aforesaid

shall be guilty of an offence against this Act.

(5) For the purposes of subarticles (2) and (3) of this

article, the use on any card, letterhead, sign, board, plate,

advertisement or other written, printed or engraved device,

instrument or document, of the words “Psychologist”, “Registered

Psychologist” in relation to a name, or “Partnership of Psychologists”

or “Psychologists” in relation to a partnership, shall be sufficient

evidence of the knowledge of such use by any person in relation to

whose name or partnership the said words are used, unless such

person proves that the use of such words was made without his

knowledge and that upon becoming aware of the use he took adequate

steps to stop it.

(6) For the purpose of this article, a person shall not be

deemed to be in contravention of the provisions of this Act if such

person is practicing psychology during an adaptation period or when

in training, in any case under the appropriate supervision of a

registered psychologist and subject to such regulations as may be

prescribed.

(7) Subject to the provisions of subarticle (6) of this

article, no person or any other organisation shall employ any person

other than a registered psychologist for the purpose of practising

psychology.

(8) The provisions of this Act establishing offences shall

be without prejudice to the provisions of any other law establishing

offences and punishments in respect of the same acts or omissions

and shall not, in particular, affect the application of any higher

punishment under any other law.

Where, following an inquiry under the provisions of article

9 of this Act, the Board finds a psychologist guilty of any breach of

professional conduct or of the Code of Ethics, the Board may impose

such penalties as the Minister may prescribe.

The Minister may, after consultation with the Board, make

regulations not inconsistent with the provisions of this Act, to give

better effect to any of such provisions and generally to regulate the

psychology profession, and, without prejudice to the generality of

the foregoing, such regulations may in particular include provisions

with respect to -

(a) the establishment of psychology practice, standards,

procedures and other duties and practices to be followed by

psychologists, either generally or in particular fields of activity<

(b) the professional conduct and code of ethics of

psychologists and the standards of competency and integrity to

be kept by the profession<

(c) the requirements in relation to continuing professional

development for the maintenance of a warrant<

(d) the work which can be performed and the services

which can be rendered in terms of a warrant, and the terms and

conditions which can be attached to such warrant, and the

additional qualifications necessary for warrants providing for

the practice of the profession of psychology in specialised

practice<

(e) the fees that may be charged by the Board in

connection with the application for the issue of a warrant, for

the making of any registration under this Act, and for any other

operations that may be carried out by the Board in accordance

with the provisions of this Act<

(f) the fees that may be charged by psychologists for their

professional services<

(g) the procedures to be followed in cases of professional

misconduct<

(h) the employment of persons who are in possession of

a recognised honours degree or its equivalent but who do not

qualify for a warrant under this Act, and who are working under

the supervision of a registered psychologist in such

establishments or agencies as may be prescribed<

(i)

any other procedures that may be adopted by the

Board<

(j) any matter which is required or is authorised by this

Act to be prescribed<

(k) the punishments, penalties and other consequences

and effects to which a person may become liable or which may

take place in the event of any contravention of, or non-

compliance with, any provision of any regulation under this

article< sohowever that no punishment so prescribed shall exceed

a fine (multa) of five hundred Maltese liri, or imprisonment for

a term of three months, or both such fine and imprisonment,

and, in the case of a continuing offence, to a fine (multa) of

five Maltese liri for each day during which the offence

continues, subject to a maximum of two thousand Maltese liri<

(l) the administrative penalties that may be imposed by

the Board, which shall not exceed five hundred Maltese liri.

(1) Any person who on the coming into force of this Savings.

Act is in possession of a professional qualification in psychology

that makes him eligible for a warrant licence to practice in the country

where the professional qualification was obtained, shall be deemed

to have satisfied the provisions of paragraph (c) of subarticle (3) of

article 3 of this Act.

(2) For the purposes of paragraph (d) of subarticle (3) of

article 3 of this Act, any training undertaken by any person who has

obtained the qualification referred to in paragraph (c) of this

subarticle, between the date of such qualification and the coming

into force of this Act, shall be deemed to have been undertaken under

the supervision of a registered psychologist.

(3) Notwithstanding the other provisions of this Act, any

person who satisfies the Board that prior to the coming into force of

this Act>

(a) is in possession of a Masters degree in psychology

which includes professional training< and

(b) lectured at tertiary level on a regular basis in

psychology or held a post of psychologist in a Government

department or agency for at least ten years,

shall be deemed to satisfy the requirements of paragraphs (c) and

(d) of subarticle (3) of article 3 of this Act.

The enactments shown in the First Column of the Schedule

to this Act shall have effect subject to the amendments shown in the

Second Column thereof.

Schedule

Second Column

Extent of Amendments

Code of Organisation

1. (1) In subarticle (2) of article 588 for the words

and Civil Procedure, “social worker or marriage counsellor” there shall be

substituted the words “social worker, psychologist or

marriage counsellor”.

(2) In subarticle (3) of article 646 for the words

“social worker” there shall be substituted the words “social

worker or psychologist”.

Professional Secrecy

2. In subarticle (1) of article 3, for the words, “legal

procurators, accountants” there shall be substituted the

words “legal procurators, social workers, psychologists,

accountants”.

Mutual Recognition

3. The Schedule thereto shall be amended by the

of Qualifications Act, addition of the following under the relative columns at the

end thereof>-

Regulated

Designated

Legislation

Profession#

Authority

Professional

Activity

Psychologist

Minister

Psychology

responsible for

Profession Act,

social policy

Passed by the House of Representatives at Sitting No. 163 of the 27th July,

2004. A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives