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ACT No. XXV of 2018 AN ACT to make provision for the regulation of the psychotherapy profession and to provide for matters connected therewith or ancillary thereto.

22 Articles / Provisions · Malta
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Table of Provisions (22)

Statutory Text (22 Articles)

Malta Government Gazette — Act 2018 25 · Gazzetta tal-Gvern ta’ Malta Nru. 20,015 – 26.06.2018 — ACT No. XXV of 2018 AN ACT to make provision for the regulation of the psychotherapy profession and to provide for matters connected therewith or ancillary thereto.

I assent.

(L.S.)

MARIE-LOUISE

COLEIRO PRECA

President

26th June, 2018

ACT No. XXV of 2018

AN ACT to make provision for the regulation of the psychotherapy

profession and to provide for matters connected therewith or ancillary

thereto.

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:-

Malta Government Gazette — Act 2018 25 · Gazzetta tal-Gvern ta’ Malta Nru. 20,015 – 26.06.2018 — ACT No. XXV of 2018 AN ACT to make provision for the regulation of the psychotherapy profession and to provide for matters connected therewith or ancillary thereto.

(1) The short title of this Act is the Psychotherapy Profession Short title and

commencement.

Act, 2018.

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

responsible for the profession of psychotherapy may, by notice in the

Gazette, establish, and different dates may be so established for

different provisions and for different purposes of this Act.

Malta Government Gazette — Act 2018 25 · Gazzetta tal-Gvern ta’ Malta Nru. 20,015 – 26.06.2018 — ACT No. XXV of 2018 AN ACT to make provision for the regulation of the psychotherapy profession and to provide for matters connected therewith or ancillary thereto.

In this Act, unless the context otherwise requires

Interpretation.

"ability test" means a test, the purpose of which is to assess the

person’s ability for him to be able to practice the psychotherapy

profession in Malta as required by the Board under the provisions of

this Act;

"adaptation period" means a period during which a person may

exercise the profession of psychotherapy in Malta, under the

supervision of a registered psychotherapy supervisor, 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 ability test shall

be held;

"aptitude test" means a test of the professional knowledge, skills

and competences of the applicant, with the aim of assessing the ability

of the applicant to pursue the psychotherapy profession;

"association of psychotherapists" means an association of

psychotherapists established in terms of article 12;

"the Board" means the Board of the Psychotherapy Profession in

Malta established by article 4;

"ECTS" means European Credit Transfer System;

"higher education institution" shall have the same meaning as

assigned to it by article 2 of the Mutual Recognition of Higher

Education Qualifications in the European Region Regulations;

"higher education qualification" shall have the same meaning as

assigned to it by article 2 of the Mutual Recognition of Higher

Education Qualifications in the European Region Regulations;

"migrant" shall have the same meaning as assigned to it by article 2

of the Recognition of Professional Qualifications Regulations;

"Minister" means the Minister responsible for the psychotherapy

profession;

"National Umbrella Organisation" means an organisation of

psychotherapists having the largest membership and reflecting the

broadest range of psychotherapeutic approaches;

"practical training" means training of not less than six hundred

(600) hours consisting of personal psychotherapeutic experience and

practical training under continuous supervision in a mental health or

psycho-social facility or in both;

"practice" in relation to the psychotherapy profession, includes

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

psychotherapy; and

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

professional title of ''Registered Psychotherapist'', followed by

the modality studied, by a person having in his possession a

warrant to practise the psychotherapy profession;

"prescribed" means prescribed by means of regulations made by the

Minister under this Act;

"profession" unless otherwise indicated, means the psychotherapy

profession;

"professional qualifications" shall have the same meaning as

assigned to it by article 2 of the Recognition of Professional S.L. 451.03

Qualifications Regulations;

''psychotherapy'' means the comprehensive, deliberate, and planned

treatment, or therapeutic intervention, given on the basis of general

and special psychosocial, psychosomatic and behavioural

disturbances, or states of suffering, training, by means of scientific

psychotherapeutic methods, through an interaction between one or

more persons being treated, and one or more psychotherapists, with the

aim of relieving disturbing attitudes that lead to change, and to

promote the maturation, development and health of the treated person;

"registered psychotherapist" means a person who is in possession of

warrant to practice the profession of psychotherapy and is registered in

the official register of warranted psychotherapists kept by the Board;

"theoretical training'" means training of not less than eight hundred

(800) hours for a continuous period of not less than four (4) years

consisting of training in basic principles of psychotherapy and

personality theories; basic methodological principles of research and

science; ethical practice and the relevant social and legal framework;

theories of personality development and pathology; and

psychotherapeutic methods and techniques;

"training in a specific psychotherapeutic modality" means training,

which consists of theoretical and practical training, in a

psychoterapeutic modality, which may be in one of the following

(a)

psychoanalytic/ psychodynamic;

(b)

cognitive/behavioural psychotherapy;

(c)

systemic/ family psychotherapy;

(d)

humanistic psychotherapy;

(e)

hypno-psychotherapy;

(f)

integrative psychotherapy;

"warrant" means a warrant issued under article 3.

Malta Government Gazette — Act 2018 25 · Gazzetta tal-Gvern ta’ Malta Nru. 20,015 – 26.06.2018 — ACT No. XXV of 2018 AN ACT to make provision for the regulation of the psychotherapy profession and to provide for matters connected therewith or ancillary thereto.

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

psychotherapist, or perform the profession of psychotherapy against

remuneration, or hold himself out to be professionally qualified to do

so, or assume the title or designation of registered psychotherapist,

unless he is the holder of a warrant issued under this Act

Provided that none of the provisions contained in this Act shall

be applicable or shall in any manner impact the practice of professions

regulated under any other law and which professions are subject to

regulation by any other regulatory Council or entity.

(2) Unless otherwise specified in the warrant, the warrant shall

not entitle the holder thereof to practise the psychotherapy profession

with specialisation.

(3) Without prejudice to the provisions of the Mutual Recognition

of Qualifications Act and the regulations made thereunder, a person

shall qualify to obtain a warrant if such person:-

(a) is a citizen of Malta or a citizen of the EU, or is

otherwise entitled or authorised to work in Malta;

(b)

is of good conduct and good moral character;

(c)

has full legal capacity;

(d) has obtained a bachelor’s degree in a human or social

science issued by a higher education institution, which the

Minister may, on the advice of the Board, specify in regulations;

and

(e) has obtained, to the satisfaction of the Board, training

in a specific psychotherapeutic modality for a period of not less

than three thousand (3,000) hours, or its equivalent of one

hundred and twenty (120) ECTS, which is equivalent to a

Master’s degree issued by a higher education institution.

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

requirements established under the preceding provisions of this sub-

article, other minimum requirements in terms of international or

multinational treaties entered into by Malta, or with the provisions of

any legislation brought into force by virtue of any such treaty or

agreement.

(5) Without prejudice to the provisions of the Mutual Recognition Cap. 451

of Qualifications Act and the regulations made thereunder, where the

duration of the training leading to a professional qualification is less

than that, which is mentioned in paragraph (e) of sub-article (3), the

Board may require the applicant to undertake an adaptation period not

exceeding twice the shortfall. The Board may also submit the applicant

to an ability test.

Malta Government Gazette — Act 2018 25 · Gazzetta tal-Gvern ta’ Malta Nru. 20,015 – 26.06.2018 — ACT No. XXV of 2018 AN ACT to make provision for the regulation of the psychotherapy profession and to provide for matters connected therewith or ancillary thereto.

(1) There shall be a Board, to be known as the Bord for the Board for the

Psychotherapy Profession in Malta, which shall be composed as psychotherapy

profession in

follows

Malta.

(a)

four members appointed by the Minister of which

(i) one person shall be a Chairperson having

obtained a warrant from the Board and has at least six (6)

years experience in the practice of psychotherapy;

(ii) two persons who exercise the psychotherapy

profession, and who have obtained a warrant from the

Board;

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

five (5) years experience who shall be appointed as vice-

chairperson;

(b) two members elected from amongst psychotherapists,

having a warrant, in an election conducted by the Board

Provided that, in the event of the setting up of the first

Board, the psychotherapists referred to in this paragraph shall be

nominated by the National Umbrella Organization;

(c) one psychotherapist nominated from amongst the

permanent academic staff for psychotherapy education and

training at the University of Malta;

(d) one psychotherapist nominated from amongst the

staff providing training in psychotherapy at the Gestalt

Psychotherapy Training Institute Malta;

(e) one psychotherapist from the staff providing training

in psychotherapy at the Institute of Family Therapy Malta; and

(f) one psychotherapist from the staff of any other

higher education institution in Malta providing training in

psychotherapy.

(2) In the event of the setting up of the first Board after the

coming into force of this Act, any reference in this article to

psychotherapists forming part of such Board shall be understood as

referring to persons eligible to the warrant in accordance with this Act.

(3) The nominations and elections made in terms of paragraph (b),

(c), (d), (e) and (f) of sub-article (1) shall, for the first time, be made

within two weeks from the date on which a request in writing is made

for that purpose by the Minister and, for any subsequent nomination or

election, within one month from the date on which the vacancy arises

or, when the vacancy arises due to the expiry of the term of office,

within one month prior to the said expiration. In the absence of any

such nomination or election, the Minister shall himself make the

appointment from amongst psychotherapists having a warrant.

(4)

The members of the Board shall hold office for a term of

three (3) years and shall, on the expiration of that term, be eligible to

be reappointed

Provided that no person shall serve as member of the Board

for more than three consecutive terms.

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

before prior to the expiration of his term of office, the person

appointed in his stead shall be appointed for the remaining period of

the original appointment.

(6) The number of members present required to form a quorum

shall be four

Provided that, subject to the presence of a quorum, the Board

may act notwithstanding any vacancy amongst its members.

(7) The Minister shall designate a person to act as secretary to the

Board, but such secretary shall not have a vote.

(8) The Chairperson shall have an original vote and, in the case of

equality of votes, a casting vote.

(9) The legal representation of the Board shall jointly vest in the

Chairman and the Secretary to the Board

Provided that the Board may designate any one or more of the

other members of the Board, to appear in the name and on behalf of the

Board in any judicial proceedings and to sign for and on its behalf any

other act, contract, instrument or other document whatsoever.

(10) Without prejudice to the foregoing provisions, and to that

which may be prescribed under this Act, or other law or regulation, the

Board may regulate its own procedures.

(11) The Board shall meet as often as necessary, but in no case less

frequently than once every three months. The meetings of the Board

shall be summoned by the Chairperson either on his own initiative, or

on the request in writing of not less than two of the other members of

the Board. In the second case, the Chairperson shall summon a

meeting not later than two weeks from the date on which the request

has been made.

(12) In the exercise of its functions under this Act, the Board may

consult with any person as it deems appropriate. For this purpose, the

Board may invite such persons to attend the meetings of the Board.

(13) The Board shall keep true and correct copies of the records of

its proceedings and the Board shall give to the Minister any

information as he may require within a reasonable period of time.

Malta Government Gazette — Act 2018 25 · Gazzetta tal-Gvern ta’ Malta Nru. 20,015 – 26.06.2018 — ACT No. XXV of 2018 AN ACT to make provision for the regulation of the psychotherapy profession and to provide for matters connected therewith or ancillary thereto.

(1) Without prejudice to the other powers and functions Functions of the

given, or may be given, by this Act, or any other law or regulations, Board.

the powers and functions of the Board are to regulate the practice and

eligibility to practice the psychotherapy profession in Malta, and in

particular to

(a) establish psychotherapy standards, assess existing

psychotherapy standards and develop new standards of

continuous professional development in psychotherapy and such

other standards as may be necessary;

(b) consider, process and make recommendations to the

Minister regarding applications for warrants to practice the

psychotherapy profession in Malta, and also for equivalence and

recognition of qualifications in psychotherapy;

(c)

keep a register of psychotherapists with a warrant;

(d)

keep a register of societies of psychotherapists;

(e) keep a register of associations of psychotherapists

and such information as may be required in relation thereto and

to its members;

(f) investigate allegations of professional misconduct,

gross negligence or incompetence of psychotherapists;

(g) make recommendations to the Minister to prescribe

regulations in relation to the employment of persons who,

although having higher education qualifications and professional

qualifications, do not qualify for a warrant under this Act;

(h) make recommendations to the Minister on the Code

of Ethics following consultations with the associations of

psychotherapists;

(i) make recommendations to the Minister as may be

necessary;

(j) perform such other functions that arise under this

Act, or any other law or regulation, or as may be delegated 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, until the 31st

December of the previous year, were registered in the official register

of psychotherapists and a list of societies registered in the official

register of societies of psychotherapists.

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

concerning its general operations.

Malta Government Gazette — Act 2018 25 · Gazzetta tal-Gvern ta’ Malta Nru. 20,015 – 26.06.2018 — ACT No. XXV of 2018 AN ACT to make provision for the regulation of the psychotherapy profession and to provide for matters connected therewith or ancillary thereto.

(1) Any person seeking to obtain a warrant to practise the

psychotherapy profession 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 purposes of the foregoing sub-article, the Board may

submit the applicant to an aptitude test.

(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 such special

conditions and such authorisation to practice in areas of specialised

psychotherapy for such specific periods as the Board may recommend

in accordance with the provisions of this Act and any regulations made

thereunder.

(6)

A warrant issued under this Act shall continue to have effect,

provided that the warrant holder shall, every three years, prove to the

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

programmes, of continuing professional development as may be

prescribed.

(7) The associations of psychotherapists shall collect and keep all

the information relating to the programme, or programmes, of

continuing professional development on an annual basis.

Malta Government Gazette — Act 2018 25 · Gazzetta tal-Gvern ta’ Malta Nru. 20,015 – 26.06.2018 — ACT No. XXV of 2018 AN ACT to make provision for the regulation of the psychotherapy profession and to provide for matters connected therewith or ancillary thereto.

The Board shall consider and make its recommendations on Recom-

a n a p p l i c a t i o n f o r a w a r r a n t t o p r a c t i s e t h e p r o f e s s i o n o f mendations

the issue of a

psychotherapy as soon as is reasonably practicable, but in no case later warrant.

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.

Malta Government Gazette — Act 2018 25 · Gazzetta tal-Gvern ta’ Malta Nru. 20,015 – 26.06.2018 — ACT No. XXV of 2018 AN ACT to make provision for the regulation of the psychotherapy profession and to provide for matters connected therewith or ancillary thereto.

(1) A person shall not be qualified to obtain or retain a Loss of warrant.

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 in terms of the preceding

sub-article, notice of such loss shall be given by the Minister in the

Gazette and such information shall be notified by the Board to the

person losing the warrant, unless such 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 in terms of sub-

article (1).

Malta Government Gazette — Act 2018 25 · Gazzetta tal-Gvern ta’ Malta Nru. 20,015 – 26.06.2018 — ACT No. XXV of 2018 AN ACT to make provision for the regulation of the psychotherapy profession and to provide for matters connected therewith or ancillary thereto.

(1) The Board may set up a committee to inquire into any Committee of

alleged professional misconduct, gross negligence or incompetence in Inquiry.

relation to a psychotherapist.

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

misconduct", "gross negligence", or "incompetence", shall include the

following

(a) the obtaining of a warrant in a deceitful or fraudulent

manner, or otherwise purporting to be a psychotherapist without

the required warrant;

(b) the contravention of the Code of Ethics established

under this Act;

(c) the failure to observe any regulations regarding

professional standards or practice;

(d) the failure to observe any conditions attached to the

warrant issued under this Act;

(e) the use of therapeutic interventions, or the

assumption of a professional competence for which the person is

not qualified or is not authorised to practise in terms of his

warrant;

(f) acting in any manner that may be detrimental to the

psychotherapy profession;

(g) giving incorrect information or displaying lack of

skill or judgment in the practice of the psychotherapy profession

or in the performance of any duties or obligations in the

psychotherapy practice.

(3) Every holder of a warrant, who is the subject of an

investigation, shall have the opportunity to make his defence and bring

evidence in his favour, and for this purpose, that person may be

represented by an advocate or by any other person of his choice.

(4) On the conclusion of the investigation, the committee shall

decide whether there are or not sufficient grounds to find the holder of

a warrant guilty of professional misconduct, gross negligence or

incompetence. In the first case, the committee shall make a report of

its decision and shall commit the holder of the warrant for inquiry by

the Board, together with its recommendations to impose a penalty, and,

in the second case, recommend that no further proceedings should be

undertaken.

(5) The penalties mentioned in the preceeding sub-article may

include the following

(a) the suspension or the revocation of such warrant,

subject to such conditions as may be recommended;

(b) the suspension or the revocation of the registration of

the society of psychotherapists;

(c)

the imposition of conditions attached to the warrant;

(d)

a reprimand;

(e)

a payment to cover the costs of the investigation;

(f) an order for the waiver, reduction or refund of any

fees charged for services rendered by the person found guilty;

(g) any other penalties that may be prescribed by the

Board, or by this Act, or any other laws or regulations.

(6) Upon revocation of the warrant, the Board shall strike off the

name of the holder of that warrant from the register of

psychotherapists. The revocation of any warrant shall be published in

the Gazzette.

(7) For the purposes of this article, the powers vested, or the

powers which may be vested, in the members of the committee, shall

be those provided under the Inquiries Act and the committee shall Cap. 273.

conduct the investigations as provided for in the said Act.

Malta Government Gazette — Act 2018 25 · Gazzetta tal-Gvern ta’ Malta Nru. 20,015 – 26.06.2018 — ACT No. XXV of 2018 AN ACT to make provision for the regulation of the psychotherapy profession and to provide for matters connected therewith or ancillary thereto.

(1) The holder of a warrant who feels aggrieved by a Appeals.

decision of the Board may appeal before the Court of Appeal in its

jurisdiction within twenty-one days from the date on which notice of

the decision has been given to the Minister and notified to the holder

of the warrant by registered post.

(2) In this case the warrant shall be suspended or revoked only

when the Court of Appeal confirms the decision of the Board.

(3) The Minister responsible for justice may make regulations

prescribing the fees to be paid to the Registry of the Court on appeals

made under this article

Provided that until such fees have been prescribed, the fees referred

to in the Code of Organization and Civil Procedure shall, mutatis Cap. 12.

mutandis, apply.

(4) The Board referred to in article 29 of the Code of Cap. 12.

Organization and Civil Procedure shall make rules establishing the

form of such appeals and matters relating thereto.

Malta Government Gazette — Act 2018 25 · Gazzetta tal-Gvern ta’ Malta Nru. 20,015 – 26.06.2018 — ACT No. XXV of 2018 AN ACT to make provision for the regulation of the psychotherapy profession and to provide for matters connected therewith or ancillary thereto.

The Minister may, on the recommendation of the Board, and Removal of

following a request to that effect by the person who has lost the suspension

cancellation.

warrant, return the warrant to that person if such person satisfies the

requirements that may have been prescribed. Where the warrant has

been returned, the name of the person who received the warrant shall

be registered again in the official register of psychotherapists.

Malta Government Gazette — Act 2018 25 · Gazzetta tal-Gvern ta’ Malta Nru. 20,015 – 26.06.2018 — ACT No. XXV of 2018 AN ACT to make provision for the regulation of the psychotherapy profession and to provide for matters connected therewith or ancillary thereto.

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

application to the Board to be registered as an association of psychotherapists.

psychotherapists for the purposes of this Act.

(2)

An association of psychotherapists shall be qualified to be

registered as an association of psychotherapists under this article if it

proves to the Board that at least ten of its members are registered as

psychotherapists with a warrant and that it conforms to such other

conditions as may be prescribed from time to time. An association of

psychotherapists shall submit together with its application a list of its

members and any such other information as the Board may require to

process the application.

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

psychotherapists registered under this article to produce such records

and information about the association and its members as may be

required from time to time.

Malta Government Gazette — Act 2018 25 · Gazzetta tal-Gvern ta’ Malta Nru. 20,015 – 26.06.2018 — ACT No. XXV of 2018 AN ACT to make provision for the regulation of the psychotherapy profession and to provide for matters connected therewith or ancillary thereto.

(1) Two or more holders of a psychotherapy warrant may

form a civil partnership, in this Act referred to as "society of

psychotherapists", having for its exclusive objective the practice of the

psychotherapy profession and having all such relative powers for the

attainment of that objective.

(2) No person, other than the holders of a psychotherapy warrant,

may form part of a society of psychotherapists.

(3) Any society of psychotherapists, formed under this article,

shall pay all such fees, as may be prescribed, so that such society may

be registered in the register of societies of psychotherapists and, upon

such registration, the persons forming part of that society shall, until it

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

society and that society shall be entitled to use the designation

"Psychotherapists" as part of its name.

(4) Every society of psychotherapists, registered in terms of this

article, shall provide to the Board such information as the Board may

from time to time require or as may be prescribed, and shall give

notice to the Board of any relevant changes in any information, which

has been given to the Board, within fifteen days from the date on

which such change has occurred.

Malta Government Gazette — Act 2018 25 · Gazzetta tal-Gvern ta’ Malta Nru. 20,015 – 26.06.2018 — ACT No. XXV of 2018 AN ACT to make provision for the regulation of the psychotherapy profession and to provide for matters connected therewith or ancillary thereto.

Notwithstanding the provisions of any other law, or any other

agreement to the contrary, the following provisions shall apply solely

to a society of psychotherapists, and not to members of an association

of psychotherapists in terms of article 12

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

warrant may be done by one or more of the persons that form

part of the society on behalf of such society; and any act or thing

done on behalf of the society shall be done by one person

forming part of that society or more; and

(b) where any thing done or omitted to be done by a

person whilst forming part of a society of psychotherapists, the

resulting responsibilities and liabilities of that person shall not

cease on the ground that the person has retired or died, or for any

other reason on the ground of which the person no longer forms

part of the society.

Malta Government Gazette — Act 2018 25 · Gazzetta tal-Gvern ta’ Malta Nru. 20,015 – 26.06.2018 — ACT No. XXV of 2018 AN ACT to make provision for the regulation of the psychotherapy profession and to provide for matters connected therewith or ancillary thereto.

The provisions of articles 9, 10 and 11 shall apply to the Applicability of

s o c i e t i e s o f p s y c h o t h e r a p i s t s a s t h e y a p p l y t o i n d i v i d u a l articles 9 to 11.

psychotherapists.

Malta Government Gazette — Act 2018 25 · Gazzetta tal-Gvern ta’ Malta Nru. 20,015 – 26.06.2018 — ACT No. XXV of 2018 AN ACT to make provision for the regulation of the psychotherapy profession and to provide for matters connected therewith or ancillary thereto.

(1) Without prejudice to the other provisions of this Act any Offences.

person who, for the purpose of obtaining a warrant, or a registration

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 two thousand and five hundred euro (€2,500) 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) of not less than

one thousand and five hundred euro (€1,500), and not more than five

thousand euro (€5,000), or to imprisonment of not more than three

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

continuous offence, to a fine (multa) of fifteen euro (€15) for each day

during which the offence continues.

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

under this Act

(a)

practices the profession of psychotherapy; or

(b) makes use of any professional

title

of

psychotherapist, or the designatory letters thereof; or

(c)

purports to be a psychotherapist; or

(d)

performs the work of a psychotherapist,

shall be guilty of an offence against this article.

(4) Any person who uses the word "Psychotherapists" in relation

to a partnership of psychotherapists, where such partnership is not

registered in accordance with the provisions of this Act, or in any

manner makes use of a name deceitfully implying the existence of a

society of psychotherapists registered as aforesaid, shall be guilty of an

offence against this Act.

(5) For the purposes of sub-articles (3) and (4), the use on any

card, letterhead, sign, board, plate, advertisement or other written,

printed or engraved device, instrument or document, of the words

"Psychotherapist", "Registered Psychotherapist" in relation to a name,

or "Society of Psychotherapists" or "Psychotherapists" in relation to a

society, shall be sufficient evidence of the knowledge of such use by

any person in relation to whose name, or society, 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 prevent the continuation of such act.

(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 psychotherapy during an adaptation period, or when in

training, under the appropriate supervision of a r egistered

psychotherapist, and subject to such regulations as may be prescribed.

(7) Subject to the provisions of sub-article (6), no person, or

organisation, shall employ a person, other than a registered

psychotherapist, for the purpose of practising the profession of

psychotherapy.

(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,

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

under any other law.

Malta Government Gazette — Act 2018 25 · Gazzetta tal-Gvern ta’ Malta Nru. 20,015 – 26.06.2018 — ACT No. XXV of 2018 AN ACT to make provision for the regulation of the psychotherapy profession and to provide for matters connected therewith or ancillary thereto.

Whosoever, by violence or threats, compels a psychotherapist,

who is a public officer, to do, or not to do, any act appertaining to his

office, shall, on conviction, be liable to the punishment of

imprisonment for a term of not less than one year and not more than

five years and to a fine (multa) of not less than four thousand euro

(€4,000) and not more than ten thousand euro (€10,000).

Malta Government Gazette — Act 2018 25 · Gazzetta tal-Gvern ta’ Malta Nru. 20,015 – 26.06.2018 — ACT No. XXV of 2018 AN ACT to make provision for the regulation of the psychotherapy profession and to provide for matters connected therewith or ancillary thereto.

The Minister may, following consultation with the Board,

make regulations to give better effect to any of the provisions of this

Act, and generally to regulate the psychotherapy profession, and,

without prejudice to the generality of the foregoing, such regulations

may in particular include provisions with respect to

(a) the establishment of standards, procedures and duties

in the exercise of the psychotherapy profession and practices to

be followed by psychotherapists, either generally or in particular

fields of activity;

(b) the professional conduct and the Code of Ethics of

psychotherapists and standards of competency and integrity to be

kept in the psychotherapy profession;

(c) the requirements in relation to continuing

professional development for the maintenance of a warrant;

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

which may be provided in terms of a warrant, and the terms and

conditions which can be attached to such warrant;

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

to applications for the issue of warrants, the making of any

registration under this Act, and 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 psychotherapists for

their professional services;

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

misconduct;

(h) the employment of persons who, although in

possession of higher education qualifications and professional

qualifications, do not qualify for a warrant under this Act, and

who are working under the supervision of a registered

psychotherapist in such establishments, or agencies, as may be

prescribed;

(i)

any other procedure that may be adopted by the

Board;

(j) any matter that may be required, or is authorized, by

this Act to be prescribed;

(k) the punishments, the penalties and the consequences

and the effects to which a person may become liable in the event

of any contravention against, or non-compliance with, any

provision of, or any regulations made under this Act;

(l)

the administrative fines that may be imposed by the

Board.

Malta Government Gazette — Act 2018 25 · Gazzetta tal-Gvern ta’ Malta Nru. 20,015 – 26.06.2018 — ACT No. XXV of 2018 AN ACT to make provision for the regulation of the psychotherapy profession and to provide for matters connected therewith or ancillary thereto.

(1) A migrant who, on the coming into force of this Act, has Migrants who,

higher education qualifications and professional qualifications, which on

into force of this

make him eligible for a warrant to practice the profession of Act,

qualifications in

psychotherapy in the country where the qualifications have been psychotherapy.

obtained, shall be deemed to satisfy the provisions of article 3(3)(e).

(2) For the purposes of the foregoing sub-article, any training

undertaken by a migrant between the date of receipt of the mentioned

qualifications and the date of the entry into force of this Act, shall be

deemed to be training undertaken under the supervision of registered

psychotherapist

Provided that the Board may submit that person to an

adaptation period and an aptitude test.

Malta Government Gazette — Act 2018 25 · Gazzetta tal-Gvern ta’ Malta Nru. 20,015 – 26.06.2018 — ACT No. XXV of 2018 AN ACT to make provision for the regulation of the psychotherapy profession and to provide for matters connected therewith or ancillary thereto.

Notwithstanding any other provisions of this Act, any person

who, before the coming into force of this Act, satisfies the Board that

he

(a) is in possession of a Diploma in Applied Social

Studies with an option in Social Work or a Diploma in Social

Work issued by the University of Malta prior to December 2002;

and

(b)

is registered in the official register of social workers,

shall be deemed to satisfy the provisions of article 3(3)(d).

Malta Government Gazette — Act 2018 25 · Gazzetta tal-Gvern ta’ Malta Nru. 20,015 – 26.06.2018 — ACT No. XXV of 2018 AN ACT to make provision for the regulation of the psychotherapy profession and to provide for matters connected therewith or ancillary thereto.

Notwithstanding any other provisions of this Act, any person

who, before the coming into force of this Act, satisfies the Board that

he

(a)

is a European Certificate of Psychotherapy; or

(b) was registered with the Council for the Professions

Complementary to Medicine as a psychotherapist; or

(c) was employed with a Government department,

agency or entity, for a period of not less than twelve years as a

psychotherapist,

shall be deemed to satisfy the provisions of article 3(3)(e)

Provided that the Board may submit that person to an

adaptation period and an aptitude test.

Passed by the House of Representatives at Sitting No. 134 of the

20th June, 2018.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€1.62

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