ACT No. V of 2026 AN ACT to amend the Psychotherapy Profession Act, Cap. 587.

I assent.

(L.S.)

MYRIAM SPITERI DEBONO

President

20th March, 2026

ACT No. V of 2026

AN ACT to amend the Psychotherapy Profession Act, Cap. 587.

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 Psychotherapy

commencement.

Profession (Amendment) Act, 2026 and this Act shall be read and

construed as one with the Psychotherapy Profession Act, hereinafter

referred to as the "principal Act".

(2) The provisions of this Act shall be deemed to have come into

force on 1st of January 2026.

Article 2 of the principal Act shall be amended as follows

(a) the definition "association of psychotherapists" shall

be substituted by the following new definition

" "association of psychotherapists" means an

association of ten (10) or more registered psychotherapists

who shall not practise the profession of psychotherapy in

their capacity as members of the association;";

(b)

immediately after the definition "higher education

qualification" there shall be added the following new definition

" "legal person" means a company, firm or

partnership constituted under civil or commercial law,

including a cooperative society, and any other legal

persons governed by public or private law, except for not

for profit organisations, formed in accordance with the law

of a Member State and having their registered office,

central administration or principal place of business within

the European Union;";

(c) the definition "practice" shall be substituted by the

following new definition

" "practice" in relation to the psychotherapy

profession, means

(a) exercising or practising the profession of

psychotherapy against remuneration, whether

through a legal person or otherwise; and

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

pursuit,

the

professional

title

''Registered

Psychotherapist'', followed by the modality studied,

by a person having in his possession a warrant to

practise the psychotherapy profession;".

Article 3 of the principal Act shall be amended as follows

Amendment of

article 3 of the

principal Act.

(a) sub-article (1) thereof shall be substituted by the

following new sub-article

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

psychotherapist, or practice the profession of

psychotherapy against remuneration, or hold himself out as

being professionally qualified to do so, or assume the title,

or designation of a registered psychotherapist, unless such

person is the holder of a warrant issued under this Act

Provided that no provision in this Act shall be

applicable to, or in any manner affect, the practice of

professions regulated under any other law and which are

subject to regulation by any other regulatory Council or

entity.";

(b) paragraph (d) of sub-article (3) thereof shall be

substituted by the following new paragraph

"(d) has obtained, to the satisfaction of the Board, a

bachelor’s degree in a natural, human, medical or social

science issued by a higher education institution which the

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

regulations, or has obtained a bachelor’s degree together

with a Propaedeutics Psychotherapy Programme of not less

than two hundred and fifty (250) hours, or its equivalent of

ten (10) ECTS, equivalent to a level 7 award issued by an

accredited higher education institution; and";

(c) immediately after sub-article (5) thereof there shall be

added the following new sub-articles

"(6) Notwithstanding the provisions of sub-article (3), in

the case of a candidate who satisfies the requirements of

paragraphs (a), (b) and (c) of sub-article (3), but whose

training does not fulfil the requirements of paragraphs (d)

and (e) of sub-article (3), for any of the following reasons

(a) the training covers substantially different

matters, such that the knowledge, skills and

competences acquired which are essential for

pursuing the profession, differ from the requirements

under paragraph (d) of sub-article (3);

(b) such training was of a shorter duration

than that indicated in paragraph (e) of sub-article (3),

the Board may admit the candidate to the respective

list, as appropriate, provided that the candidate undertakes to

fulfil any compensatory measures, that may be prescribed

from time to time

Provided that any decision shall be clearly justified

and shall be communicated to the candidate in writing.

(7) Compensatory measures shall include an

adaptation period of up to three (3) years, or alternatively

depending on the candidate’s choice, an aptitude test in the

subject or subjects in which a deficiency, compared to the

prescribed requirements, has been identified.".

Article 5 of the principal Act shall be amended as follows

(a)

sub-article (1) thereof shall be amended as follows

(i)

paragraph (d) thereof shall be deleted;

(ii) paragraph (e) thereof shall be substituted by the

following new paragraph

"(e) maintain a register of legal persons

offering psychotherapy services;";

(b) sub-article (2) thereof shall be substituted by the

following new sub-article

"(2) The Board shall, not later than three (3) months

after the end of each calendar year, publish in the Gazette a

list of persons who, until 31st December of the previous

calendar year, were registered in the official register of

psychotherapists.".

Paragraph (b) of sub-article (5) of article 9 shall be substituted Amendment of

article 9 of the

by the following new paragraph

principal Act.

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

legal person of psychotherapists;".

Article 13 of the principal Act shall be deleted.

Deletion of

article 13 of the

principal Act.

Article 14 of the principal Act shall be substituted by the Substitution of

article 14 of the

following new article

principal Act.

"14. Notwithstanding the provisions of any other

law, or any other agreement to the contrary, the

following provisions shall apply solely to a legal person

pursuing the profession of psychotherapy, and not to

members of an association of psychotherapists in terms

of article 12

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

a warrant may be done by one or more of the

persons forming part of the legal person pursuing

the profession of psychotherapy, on behalf of such

legal person, and any act done on behalf of the

legal person shall be done by one or more persons

forming part of such legal person; and

(b) where anything is done or omitted by a

person whilst forming part of a legal person

pursuing the profession of psychotherapy, the

resulting responsibilities and liabilities of such

person shall not cease on the ground that the said

person has retired, died, or for any other reason no

longer forms part of such legal person.".

Immediately after article 14, as substituted, the following new Addition of a

new article to

the principal

Act.

article shall be added:-

(1) For the purposes of this Act, a legal

person established in Malta, or in another Member

State, by a psychotherapist, may practice

psychotherapy in Malta, provided that the pursuit of the

profession of psychotherapy is undertaken on behalf of

the said legal person by a registered psychotherapist.

(2) Without prejudice to any other provision of

this Act or of any other law regulating a legal person,

where the pursuit of the profession of psychotherapy is

carried out on behalf of a legal person in terms of sub-

article (1), the registered psychotherapist shall not be

exonerated from any liability or obligation arising in

respect of such pursuit. In all circumstances, both the

legal person and the registered psychotherapist shall be

jointly and severally liable.

(3) The name of the registered psychotherapist

shall be clearly identified in any formal communication

or contracts to the recipient of the service, and on any

marketing material relating to the practice of the

psychotherapy profession

Provided that nothing in this Act shall be

construed as preventing a psychotherapist from

forming a legal person with any other person, other

than a psychotherapist, to practise the profession, even

if not exclusively limited to this profession only

Provided further that the practice of the

profession of psychotherapist shall be carried out only

by a registered psychotherapist.".

9. Article 15 of the principal Act shall be deleted.

10. Article 16 of the principal Act shall be amended as follows

(a)

sub-article (4) thereof shall be substituted by the

following new sub-article

"(4) Any

person

who

uses

the

word

"Psychotherapists" in relation to a legal person pursuing

the profession of psychotherapy, where such legal

person is not registered in accordance with the

provisions of paragraph (e) of article 5, or who in any

manner makes use of a name deceitfully implying the

existence of a legal person pursuing the profession of

psychotherapy registered as aforesaid, shall be guilty of

an offence under this Act.";

(b) sub-article (5) thereof shall be substituted by the

following new sub-article

"(5) For the purposes of sub-articles (3) and (4), the

use of any card, letterhead, sign, board, plate,

advertisement or other written, printed or engraved

device, instrument or document or through electronic

means, with the words "Psychotherapist" or "Registered

Psychotherapist", in relation to a name, or of the name

"Psychotherapists" in relation to a legal person

practicing the profession of psychotherapy which is not

registered, shall be deemed as sufficient evidence of the

knowledge of such use by that person, unless such

person proves that the use of such words was made

without his consent and that, upon becoming aware of

such use, the person concerned took reasonable steps to

prevent the continuation of such act.".

Passed by the House of Representatives at Sitting No. 445 of the

16th March, 2026.

ANĠLU FARRUGIA

Speaker

ELEANOR SCERRI

Clerk of the House of Representatives

€0.72