Regulating Practice of Psychology in Philippines

Policy and purpose of regulation

Section 2 recognizes psychologists’ important role in nation-building and development.
Section 2 acknowledges diverse specializations and diverse functions of psychologists.
Section 2 recognizes the significance of psychological services provided to diverse clients.
Section 2 requires protection of the public by preventing inexperienced or untrained individuals from offering psychological services.
Section 2 directs the State to nurture competent, upright, and assiduous psychologists through inviolable, effective, credible licensure examinations and regulatory measures that enhance professional growth and well-being.

Core definitions and practice scope

Section 3 defines “Psychology” as the scientific study of human behavior, involving application of scientific methods to biological, cognitive, affective, development, personality, social, cultural, and individual difference dimensions of human behavior.
Section 3 defines “Practice of Psychology” as delivery of psychological principles and procedures to describe, understand, predict, and influence the behavior of individuals or groups for optimal human growth and functioning.
Section 3 states that delivery of psychological services includes: (1) psychological interventions (including psychological counseling, psychotherapy, psychological support, coaching, psychological debriefing, group processes, and all other interventions applying psychological principles); (2) psychological assessment (gathering and integrating psychology-related data for psychological evaluation using tools including individual tests, projective tests, clinical interviews, and other tools to assess functions like cognitive abilities, aptitudes, personality characteristics, attitudes, values, interests, emotions, and motivations); and (3) psychological programs (development, planning, implementation, monitoring, and evaluation of psychological treatment for individuals and/or groups).
Section 3 defines “Psychologist” as a natural person duly registered and holding a valid certificate of registration and a valid professional identification card as professional psychologist issued by the Professional Regulatory Board of Psychology and the Professional Regulation Commission pursuant to the Act.
Section 3 defines “Psychometrician” as a natural person holding a valid certificate of registration and a valid professional identification card as psychometrician.
Section 3 authorizes a psychometrician, under supervision of a licensed professional psychologist at all times, to: (1) administer and score objective personality tests, structured personality tests, pen-and-paper intelligence, achievement and interest tests excluding projective tests and other higher-level psychological tests; (2) interpret results and prepare a written report; and (3) conduct preparatory intake interviews for psychological intervention sessions.

Professional Regulatory Board establishment

Section 4 creates a Professional Regulatory Board of Psychology as a collegial body under the administrative control and supervision of the Professional Regulation Commission.
Section 4 provides the Board composition: a Chairperson and two (2) members, appointed by the President from a list of three (3) nominees for each position submitted by the integrated and accredited national organization of psychologists.
Section 4 requires the Board to be organized not later than sixty (60) days from the effectivity of the Act.
Section 5 sets qualifications for the Chairperson and Board members, including: natural-born citizen and resident of the Philippines; at least thirty-five (35) years of age; good moral character; doctorate degree in psychology; at least ten (10) years practice in psychology and psychometrics in a duly recognized institution, clinic, or center; at least five (5) years teaching experience; registered and licensed psychologist (with a special rule for the first member); no conflicting university officer/trustee/faculty role for regular psychology courses or review classes; no pecuniary interest; no office or position other than membership in the integrated and accredited national organization; and no conviction of a crime involving moral turpitude.
Section 6 provides a three (3)-year term for Board members, renewable for one (1) full term, with the first members’ staggered terms: Chairperson three (3) years, one member two (2) years, and the other member one (1) year as specified in appointments.
Section 6 requires each member to qualify by taking the proper oath before performing duties, and provides that vacancies fill only the unexpired portion of the term.

Board powers, administration, and discipline

Section 7 empowers the Board to implement the Act and to promulgate, revise, or update rules and regulations, resolutions, and guidelines.
Section 7 requires Board policies/resolutions/rules/regulations to be subject to review and approval of the Commission.
Section 7 directs the Board to supervise and monitor registration, licensure, and the practice of psychologists and psychometricians in the Philippines.
Section 7 authorizes the Board to administer oaths in connection with administering the Act and to suspend or revoke and/or reinstate certificates of registration and professional identification cards, upon compliance with due process requirements.
Section 7 authorizes the Board to issue permits and exercise visitorial powers over agencies, institutions, associations, corporations, and partnerships to verify competence, accreditation, skills, and facilities of practitioners holding valid certificates and identification cards.
Section 7 requires coordination with CHED to ensure educational institutions offering psychology strictly comply with CHED policies and standards, especially administration, curriculum, faculty, library, and facilities.
Section 7 requires the Board to prepare, adopt, issue, and amend syllabi for licensure examination subjects in consultation with CHED.
Section 7 authorizes the Board to investigate and, when warranted, hear administrative cases involving violations of the Act, its implementing rules, and applicable code of ethics/code of professional standards; it may issue subpoena testificandum and subpoena duces tecum.
Section 7 provides that Board decisions/resolutions/orders in administrative cases are subject to review only on appeal.
Section 8 provides that Board Chairperson and members receive the same compensation and allowances as existing regulatory board members under the Commission, as provided in the Commission charter and the General Appropriations Act.
Section 9 allows the President, upon the Commission’s recommendation and after due process and proper investigation, to suspend or remove a Board member for causes including gross neglect of duty, incompetence, malpractice, behavior unbecoming, immorality, unethical or dishonorable conduct, final conviction of a crime involving moral turpitude, graft and corruption, and participation in manipulation of or dishonesty relative to licensure examinations and/or registration process.
Section 10 places Board records under administrative supervision and control of the Commission, with records—including documents relative to licensure examinations and investigative cases—kept in custody of the Commission; the Commission designates the Secretary of the Board and provides secretariat support.

Licensure examinations and passing standards

Section 11 requires all applicants for registration to practice psychology and psychometrics to pass a licensure examination conducted by the Board, at places/dates and subject to requirements prescribed by the Commission.
Section 12 sets eligibility for applicants to take the psychologists’ licensure examination, requiring evidence satisfactory to the Board that the applicant: is a Filipino citizen, permanent resident, or citizen of a foreign state/country extending reciprocity to the Philippines; holds at least a master’s degree in psychology recognized/accredited by CHED and has sufficient credits for subjects covered in the examination; completed at least two hundred (200) hours of supervised practicum/internship/clinical experience related to services in Section 3(b) under the auspices of a licensed psychologist or other licensed mental health professional; is of good moral character; and has not been convicted of an offense involving moral turpitude.
Section 13 sets eligibility for psychometrician licensure examination applicants requiring: citizenship status with reciprocity; at least a bachelor’s degree in psychology recognized/accredited by CHED with sufficient credits; good moral character; and no conviction of an offense involving moral turpitude.
Section 14 provides that the psychologists’ licensure examination covers: Advanced Theories of Personality, Advanced Abnormal Psychology, Advanced Psychological Assessment, and Psychological Counseling and Psychotherapy.
Section 15 provides that the psychometricians’ licensure examination covers: Theories of Personality, Abnormal Psychology, Industrial Psychology, and Psychological Assessment.
Section 15 authorizes the Board to recluster, rearrange, modify, add, or exclude and prescribe subjects for psychologists and psychometricians as need arises.
Section 18 establishes passing ratings: a weighted general average of at least seventy-five percent (75%) for all subjects, with no grade lower than sixty percent (60%) in any given subject.
Section 18 provides retake rules: an examinee with a weighted general average of at least seventy-five percent (75%) but with any subject below sixty percent (60%) may retake the subject(s) within the next two (2) years, and passing requires at least seventy-five percent (75%) in each such subject.
Section 19 requires the Board to submit an official report of each examinee’s ratings to the Commission within ten (10) calendar days after the examination, unless extended for just cause.

Registration by examination or without examination

Section 20 requires all successful examinees for registration and all qualified applicants for registration without examination to take an oath to uphold the profession before practicing psychology or psychometrics.
Section 21 mandates issuance: certificates of registration and professional identification cards are issued to successful examinees and registrants without examination upon compliance with all legal requirements, including payment of fees prescribed by the Commission.
Section 21 requires the certificate of registration to bear the signature of the Chairperson of the Commission and members of the Board, indicating the holder is entitled to practice with corresponding privileges and responsibilities, and remain effective until suspended or revoked under the Act.
Section 21 provides that the professional identification card bears the registration number, date of issuance, and a validity term of three (3) years, signed by the Chairperson of the Commission.
Section 21 provides renewal of the professional identification card upon proof of compliance with continuing education requirements prescribed by the Board and/or the Commission.
Section 22 requires a psychologist or psychometrician to indicate on each document signed, used, or issued in connection with practice: registration and professional identification card number and date of issuance, duration of validity, and the professional tax receipt number.
Section 23 prohibits registration/issuance where a person is convicted of a criminal offense involving moral turpitude, found guilty of immoral or dishonorable conduct, or medically diagnosed to be of unsound mind; it requires the Board to furnish a written statement of reasons for denial to be incorporated into Board records.
Section 24 provides foreign reciprocity requirements: no foreigner is admitted to licensure examinations unless the foreigner proves reciprocity through one of three specified conditions—admission without need for registration/certificate; or allowing practice without restriction; or allowing practice after an examination on strict and absolute equality with nationals.
Section 25 allows special/temporary permits by the Board subject to Commission approval and payment of appropriate fees to: internationally acknowledged specialists/outstanding experts; providers serving exclusively free to indigent patients in a specified hospital/center/clinic; and exchange professors teaching psychology or psychometrics in specified schools/colleges/universities.
Section 25 requires permits to include conditions, including effectivity period not more than one (1) year subject to renewal, and the specific place of practice (clinic, hospital, center, school, college, university), and authorizes the Board (subject to Commission approval) to prescribe implementation rules.
Section 16 authorizes registration without examination for psychologists for applicants who file within three (3) years after creation of the Board, submitting satisfactory credentials showing pre-effectivity fulfillment of one of the following: doctoral degree in psychology plus three (3) years work experience in practice of psychology; master’s degree plus at least five (5) years work experience; or current psychologists/employees with bachelor’s degree in psychology plus at least ten (10) years work experience as psychologists plus updated professional education in various psychology-related functions.
Section 17 authorizes registration without examination for psychometricians for applicants who file within three (3) years after creation of the Board, submitting satisfactory credentials showing that before effectivity the applicant had a bachelor’s degree in psychology plus at least two (2) years full-time work experience in the practice of psychometrics.

Professional integration, ethics, and privileged communication

Section 30 grants privileged communication protection: a psychologist or psychometrician cannot, without client/patient consent, be examined on communications or information disclosed and/or acquired in the course of giving psychological services to that client/patient.
Section 30 extends protection to all pertinent records and covers the psychologist/psychometrician’s secretary, clerk, or staff.
Section 30 provides that evidence obtained in violation is inadmissible for any purpose in any proceeding.
Section 31 integrates the profession by consolidating all practitioners into one national organization of registered and licensed psychologists and psychometricians recognized and accredited by the Board, subject to approval of the Commission.
Section 31 provides automatic membership for duly registered and licensed psychologists and psychometricians upon payment of required fees and dues, with benefits, privileges, responsibilities, and obligations.
Section 31 allows membership in the integrated organization without barring membership in other associations of psychologists and/or psychometricians.
Section 32 requires the Board to adopt and promulgate a Code of Ethics and Code of Practice for psychologists and psychometricians prescribed and issued by the accredited professional organization of psychologists.

Prohibited acts, penalties, and enforcement

Section 33 prohibits engaging in the professional practice of psychology or psychometrics or representing oneself as a professional practicing psychologist or psychometrician without a valid certificate of registration, valid professional identification card, or valid special/temporary permit under the Act.
Section 33 prohibits representing oneself as licensed and authorized during suspension/revocation or using an unrenewed professional identification card or a cancelled special/temporary permit.
Section 33 prohibits allowing any other person to use one’s certificate of registration and professional identification card or special/temporary permit for any purpose, regardless of whether it enables the unqualified person to practice.
Section 33 prohibits using, exhibiting, and/or misrepresenting another person’s certificate of registration and/or professional identification card or special/temporary permit as one’s own.
Section 33 prohibits giving the Board false, inaccurate, misleading, or incomplete information to obtain a certificate of registration or professional identification card or special/temporary permit.
Section 33 prohibits corporations, partnerships, associations, or entities from operating a psychology/psychometrics office, center, clinic, or otherwise engaging in or allowing practice within its premises without securing a permit from the Board.
Section 33 requires the Board to issue such establishment permits only after being satisfied that the establishment is competently staffed by a psychologist and equipped with sufficient and adequate psychology-related instruments and facilities.
Section 33 provides that any violation of the Act or its implementing rules and regulations is penalized accordingly.
Section 34 provides criminal penalties for violations: imprisonment of not less than six (6) months but not more than three (3) years, or a fine of not less than PHP 10,000.00 but not more than PHP 100,000.00, or both, at the discretion of the court.
Section 35 authorizes the Board to initiate action to enjoin, restrain, and/or prosecute individuals and juridical entities engaging in prohibited practice in violation of the Act.
Section 36 mandates enforcement: law enforcement agencies and officers of national, provincial, city, or municipal governments must uphold and enforce the Act and investigate and prosecute, or cause investigation and prosecution, of violators.

Administrative procedures and appeals

Section 26 authorizes the Board, after notice and hearing, to suspend or revoke certificates of registration and professional identification cards or cancel special/temporary permits on grounds in Section 33 or on specified instances.
Section 26 lists instances for suspension/revocation/cancellation including: procurement by fraud or deceit; allowing an unqualified person to advertise or practice using one’s credentials/permit; violation or conspiracy to violate the Act, implementing rules and regulations, or the applicable code of ethics/standards; manifest physical or mental incompetence to provide psychological services with reasonable skill and safety; professional misconduct or negligence; and engaging in practice during the period of suspension.
Section 27 provides reinstatement for revoked certificate holders: application may be filed any time after two (2) years from revocation, must be in writing and meet Board requirements, and no reinstatement is granted unless the Board is satisfied that good cause exists.
Section 27 provides that issuance of a new certificate/identification card in lieu of one lost, destroyed, or mutilated is subject to rules prescribed by the Commission.
Section 28 provides finality and appeal timelines: the Board’s decision becomes final fifteen (15) days after receipt by the respondent unless an appeal is filed with the Commission within the same period.
Section 28 provides that Commission decisions on appeal may be further appealed to the Court of Appeals within fifteen (15) days from receipt.
Section 29 guarantees respondent rights in administrative proceedings: representation by counsel at all stages; speedy disposition; confrontation of witnesses; and other rights guaranteed by the Constitution.

Implementing rules, funding, and final clauses

Section 37 requires the Chairperson of the Commission to include in Commission programs the prompt implementation of the Act, with funding provided in the annual General Appropriations Act.
Section 38 requires the Board, within ninety (90) days after the constitution of the Board, to promulgate implementing rules and regulations subject to Commission approval.
Section 39 provides a separability clause: unconstitutional or invalid provisions do not affect the remainder, which remains in full force and effect.
Section 40 repeats the repealing/alteration clause for laws inconsistent with the Act.