PSYCHOLOGY PROFESSION ACT

CHAPTER 471

PSYCHOLOGY PROFESSION ACT

To provide for the regulation of the psychology profession and to

provide for matters connected therewith or ancillary thereto.

1st February, 2005

ACT X of 2004 , as amended by Legal Notice 427 of 2007 and Acts

XXXIV of 2016 , XXI of 2020 and XXXI of 2024.

The short title of this Act is the Psychology Profession Act.

In this Act, unless the context otherwise requires

"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;

"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 appli catio n o f psycho log ical pri ncip les, met hod s 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 article 5(1)(j)

and of article 18(h);

"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;

"warrant" means a warrant, issued under article 6.

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

Mutual Recognition of Qualifications Act, 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 any other

professional qualification as the Board may from time to

time prescribe, or a comparable degree which according

to the Board satisfies the requirements of Directive 2005/

36/EC of the European Parliament and of the Council of

7 September 2005 on the recognition of professional

qualifications and of the Mutual Recognition of

Qualifications Act with respect to the recognition of

qualifications from a university of established standing

outside Malta; 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 of at least three thousand, seven

hundred, seventy (3,770) hours, of which one thousand,

eight hundred and eighty-five (1,885) hours shall involve

direct contact, 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 subarticle (3)(d) 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), 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 paragraph (b)(i) and (ii)

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 subarticle (1)(a)(i), (ii) and (iii) 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

p r o ce e d i n g s a n d t h e B o a r d s h a l l g i v e t o t h e M i n i s t e r su c h

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 decide on applications for

equivalence and recognition of qualifications in

psychology;

(c) examine applications for a warrant to practise the

profession of psychology in Malta and decide 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 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 issue 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 issue 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 Board under this Act may be issued

subject to such limitations or conditions as it may deem fit to

impose 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

e ff e c t p r o v i d e d t h a t t h e w a r r a n t h o l d e r s h a l l p r o v e t o t h e

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 decide 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. The Board shall

immediately notify the applicant of its decision.

(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 Board in the Gazette and shall be communicated by

it to the person disqualified unless the person has been interdicted

by the judgement itself.

(3) The Board may, at any time, reinstate a person who has lost

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

terms of subarticle (1).

(1)

There shall be an Appeals Committee for the

psychology profession which shall be appointed by the Minister and

shall be composed of the following members

(a)

an advocate who has practised his profession for at

least five (5) years; and

(b)

two (2) registered psychologists who have

practised their profession for at least five (5) years.

The Chairperson shall be appointed by the Minister from amongst

these three (3) members.

(2)

All members of the Appeals Committee shall be appointed

for a term of three (3) years and may be appointed for a maximum of

two (2) terms in total.

(3)

The Appeals Committee shall have the following functions

(a)

upon the submission to this effect by the person

concerned, to hear and decide upon a decision of the Board

whereby the granting of a warrant is refused;

(b)

upon the submission to this effect by the person

concerned who feels aggrieved by any default of the Board, to

decide upon an application for a warrant within four (4) months

from when an application for a warrant is submitted to the Board;

and

(c)

to hear and decide upon any other decision of the

Board.

(4)

An appeal to the Appeals Committee shall be filed within the

peremptory term of twenty (20) days from such decision in the case of

an appeal in accordance with sub-article (3)(a) and (c).

(5)

The Appeals Committee shall regulate its own procedure.

(6)

In the exercise of its functions in accordance with this article,

the Appeals Committee may appoint experts to relate on any matter

before it.

(7)

The Appeals Committee shall have the power to confirm,

cancel or revoke with or without conditions, and to refer back to the

Board or to substitute any decision upon any appeal in terms of sub-

article (3)(a) and (c).

(8) The Appeals Committee shall order the Board to determine such

application within such time as it may consider reasonable, and failing

which it shall proceed to decide the application itself, and in any case

shall refer its decision back to the Board and prepare a report of its

findings to the Minister.

(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 the Board suspends, cancels or attaches

additional conditions to the warrant of a person, that person may,

within twenty-one days of the Board’s notification thereof, 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 Board may, 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

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

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 any

other agreement to the contrary, the following provisions shall

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 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 two thousand and three hundred and twenty-nine euro

and thirty-seven cents (2,329.37) 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

t his A ct sh all be l iable on conv icti on to a f ine (mu lta ) n ot

exceeding one thousand and one hundred and sixty-four euro and

sixty-nine cents (1,164.69) 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 eleven euro and sixty-five cents (11.65)

for each day during which the offence continues, subject to a

maximum of four thousand and six hundred and fifty-eight euro

and seventy-five cents (4,658.75).

(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), 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), 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, 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

PSYCHOLOGY PROFESSION

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

noncompliance with, any provision of any regulation

under this article; sohowever that no punishment so

prescribed shall exceed a fine (multa) of one thousand

and one hundred and sixty-four euro and sixty-nine

cents (1,164.69), 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

eleven euro and sixty-five cents (11.65) for each day

during which the offence continues, subject to a

maximum of four thousand and six hundred and fifty-

eight euro and seventy-five cents (4,658.75);

(l)

the administrative penalties that may be imposed by

the Board, which shall not exceed one thousand and

one hundred and sixty-four euro and sixty-nine cents

(1,164.69).

(1) Any person who on the coming into force of this 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 article 3(3)(c).

(2) For the purposes of article 3(3)(d), any training undertaken

by any person who has obtained the qualification referred to in

article 3(3)(c), 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 article 3(3)(c) and

(d).