SPECIFIC LEGISLATION FOR THE PROFESSION OF PSYCHOTHERAPIST AND METHODOLOGICAL NORMS

LAW no. 213

published in the OFFICIAL MONITOR no. 492 dated 06/01/2004

L213/2004

Law no. 213 of May 27, 2004 regarding the practice of the profession of psychologist with the right to practice freely, the establishment, organization and functioning of the College of Psychologists in Romania

Law no. 213

of May 27, 2004

regarding the practice of the profession of psychologist with the right to practice freely, the establishment, organization and functioning of the College of Psychologists in Romania

Published in the Official Monitor, Part I no. 492 of June 1, 2004

Art. 1. – This law regulates the manner of exercising the profession of psychologist with the right to practice freely, as well as the establishment, organization, and functioning of the College of Psychologists in Romania.

Art. 2. – (1) Those entitled to practice the profession of psychologist are:

a) Romanian citizens;

b) citizens of the member states of the European Union and of other states in the European Economic Area, through establishment in Romania or in a temporary service regime;

c) citizens from other countries with which Romania has bilateral agreements in the field.

(2) The exercise of the profession of psychologist with the right to practice freely is carried out by the persons provided for in paragraph (1), who have graduated from a higher education institution specializing in psychology, with a bachelor's degree in psychology or equivalent, obtained from an accredited higher education institution, in Romania or abroad, recognized or equated, as the case may be, according to the law.

Art. 3. – The psychologist with the right to practice freely is subject, in the exercise of the profession, to the provisions of national, European, and international legislation regarding fundamental human rights.

Art. 4. – (1) The psychologist with the right to practice freely conducts their activity based on the principle of professional independence, which grants them the right to initiative and decision in the exercise of the professional act, with full assumption of responsibility for its quality.

(2) The confidentiality of the psychological act is protected by law and is an obligation of any psychologist.

Art. 5. – The psychologist with the right to practice freely carries out the following types of activities:

a) the study of human behavior and mental processes;

b) investigating and recommending solutions for psychological problems;

c) developing and applying tests for measuring intelligence, abilities, skills, and other human characteristics;

d) psychological testing, prevention, and psychotherapy of emotional and personality disorders, as well as phenomena of maladjustment to the social and professional environment;

e) interpreting the obtained data and developing recommendations that are deemed necessary.

Art. 6. – The practice of the profession of psychologist is carried out:

a) in the private sector, under a salary regime, or independently with the right to practice freely, according to the provisions of this law and other regulations and normative acts in force;

b) in the public sector, where psychologists have, as applicable, the status of public servant, teaching staff, and other positions, according to the provisions of special laws and regulations or statutes of the respective institution.

CHAPTER II

The practice of the profession of psychologist with the right to practice freely

SECTION 1

Acquisition and exercise of the right to practice freely

Art. 7. – (1) The right to practice freely involves carrying out the activities provided in art. 5 and fully assuming responsibility for the quality of the professional act in relation to the beneficiaries of psychological services, while respecting the specific regulations in the field.

(2) The right to practice freely is exercised in writing, clearly mentioning the name, surname, and personal code from the Unique Register of psychologists with the right to practice freely in Romania, simultaneously with the application of one's own seal.

Art. 8. – (1) The individuals specified in art. 2 para. (1) acquire the certificate of free practice under the conditions of this law. The acquisition of the certificate entails registration in the Unique Register of psychologists with the right to free practice in Romania.

(2) The individuals specified in art. 2 para. (1) lit. b), certified as psychologists by the competent authorities of the member states of the European Union and other states in the European Economic Area, acquire the right to free practice following professional recognition, in accordance with the provisions of the special law and the European regulations in the field.

(3) The individuals specified in art. 2 para. (1) lit. b), who provide temporary services, are required to make a declaration regarding the services provided, which is submitted to the College of Psychologists in Romania, being exempt from the certification procedure, as well as from the obligation to register in the Unique Register of psychologists with the right to free practice in Romania or from paying an administrative fee. In this case, a simplified procedure applies, established by the methodological norms for the application of this law.

Art. 9. – The certificate of free practice is issued based on the methodological norms for the application of this law and the certified health status.

Art. 10. – Depending on the competence and professional experience of the applicant, one of the following forms of certification may be granted:

a) the certificate of free practice for activity under supervision, for psychologists without experience in the respective field;

b) the certificate of free practice in an associative regime, for psychologists working in professional teams;

c) the certificate of autonomous free practice, for psychologists who meet the criteria of competence and professional experience established by the methodological norms for the application of this law.

Art. 11. – The certificates provided in art. 10 lit. a) and b) may be reviewed, upon request, after a minimum of one year.

Art. 12. – The control and supervision of the exercise of the profession of psychologist with the right to free practice are carried out in accordance with the provisions of this law.

SECTION 2

Forms of exercising the profession of psychologist with the right to free practice

Art. 13. – (1) For the exercise of the profession, psychologists with the right to free practice may establish, at their discretion, in accordance with the law, individual practices, associated practices, professional civil societies, or may carry out their activity based on employment contracts, according to the law.

(2) Regardless of the form of exercising the profession, psychologists with the right to free practice may hire employees, under the conditions of the law.

Art. 14. – (1) Individual psychology practices, established according to the law, must be declared to the College of Psychologists in Romania. The contractual relationships are established between the psychologist with the right to free practice and the beneficiary of the services provided by them.

(2) Individual practices may associate through contract and must be declared to the College of Psychologists in Romania.

(3) The forms and methods of exercising the profession, declared to the College of Psychologists in Romania, are mandatorily registered in the Unique Register of psychologists with the right to free practice in Romania.

Art. 15. – (1) Professional civil societies are established, under the conditions of the law, through a civil society contract concluded between 2 or more psychologists with the right to practice independently, and are declared to the College of Psychologists in Romania.

(2) Contractual relationships arise between the beneficiary and the professional civil society, regardless of which of the associated psychologists with the right to practice independently performs the professional service.

(3) Within professional civil societies, the assets are common and belong to the associations in the shares established by the civil society contract.

SECTION 3

Rights and obligations of psychologists with the right to practice independently

Art. 16. – The psychologist with the right to practice independently has the following rights:

a) to carry out the activities provided in art. 5, in accordance with the type of certification held;

b) to obtain for the services rendered a fee or salary freely negotiated with the beneficiary.

Art. 17. – The psychologist with the right to practice independently has the following obligations:

a) to know and comply with the legal regulations in force regarding the exercise of the profession of psychologist with the right to practice independently;

b) to comply with and respect the Code of Ethics of the profession of psychologist with the right to practice independently;

c) to exercise the right to practice independently within the limits established by the type of certification held;

d) to be concerned with the improvement of professional qualifications;

e) to assume full professional responsibility towards the beneficiary, demonstrating diligence and professional integrity;

f) to serve the interests of the beneficiary in accordance with the public interest and professional requirements.

SECTION 4

Suspension and termination of the right to practice freely.

Removal from the Unique Register of psychologists with the right to practice

freely in Romania.

Art. 18. – The right to practice freely is suspended:

a) temporarily, at the request of the registered person;

b) after 6 months of non-payment, without justification, of the annual fee to the College of Psychologists in Romania, until it is paid in full;

c) as a disciplinary sanction, for the entire duration of the sanction;

d) during the suspension of the right to practice, ordered by a final court decision.

Art. 19. – (1) The right to practice freely ceases:

a) by written renunciation of the exercise of the right to practice freely;

b) if the registered person has been convicted for an act provided by law, in connection with the exercise of the right to practice freely, or if a complementary penalty of prohibition from practicing the profession has been applied by a final court decision.

(2) The cessation of the right to practice freely leads to removal from the Unique Register of psychologists with the right to practice freely in Romania.

SECTION 5

Prohibitions and incompatibilities in the exercise of the profession of psychologist with the right to practice freely

Art. 20. – Cannot practice the profession of psychologist with the right to practice freely:

a) the psychologist who has been definitively convicted for intentionally committing a crime against humanity or life in circumstances related to the exercise of the profession of psychologist and for whom rehabilitation has not intervened;

b) the psychologist whose right to practice the profession has been prohibited for the duration established by a court ruling;

c) the psychologist whose license to practice the profession has been temporarily suspended as a disciplinary sanction for the duration of the suspension.

Art. 21. – The practice of the profession of psychologist with the right to free practice is incompatible with:

a) engaging in any activity that would undermine professional dignity or good morals;

b) inappropriate health status, certified by the Medical Expertise and Work Capacity Recovery Commission, according to the law;

c) knowingly using professional knowledge or methods to the detriment of the person or for illegal purposes.

Art. 22. – The individuals specified in art. 2 para. (1) letters b) and c) must prove that they are not in a situation defined in art. 20 and 21, through documents issued by the competent authorities from the respective countries.

CHAPTER III

The College of Psychologists in Romania

SECTION 1

Organization and responsibilities

Art. 23. – (1) The College of Psychologists in Romania, hereinafter referred to as the College, is a professional organization, with legal personality, of private law, apolitical, autonomous and independent, of public interest, with its own assets and budget. The College has the role of representing and protecting at the national and international level the interests of the profession of psychologist with the right to free practice.

(2) The College has its headquarters in the municipality of Bucharest.

(3) The College is constituted of all psychologists with the right to practice freely in Romania.

(4) Psychologists with the right to practice freely have the right, without any restrictions, to join other forms of professional association.

(5) The College has the obligation to publish annually the Unique Register of psychologists with the right to practice freely in Romania.

Art. 24. – The responsibilities of the College are as follows:

a) ensures compliance with the organizational framework for the exercise of the profession of psychologist with the right to practice freely under the provisions of this law;

b) establishes quality standards for psychological services;

c) establishes a framework for promoting and developing professional competence;

d) establishes and promotes ethical norms in the exercise of the profession of psychologist with the right to practice freely;

e) represents the interests of its members before public and administrative authorities, as well as in international professional bodies;

f) certifies the right to practice freely of psychologists and manages the Unique Register of psychologists with the right to practice freely in Romania.

SECTION 2

Governing bodies

Art. 25. – (1) The governing bodies of the College are:

a) The national convention;

b) The Council of the College;

c) The executive committee;

d) The president of the College.

(2) The election of the governing bodies of the College is done only by secret ballot.

(3) The persons elected to the governing bodies serve a term of 4 years and no more than two consecutive terms.

(4) The collective governing bodies make decisions by open vote, unless they decide otherwise.

Art. 26. – (1) The national convention is made up of representatives of the members of the College, based on a representation norm, proportional to the number of members in each branch.

(2) The convention usually meets once every 4 years. It can convene in an extraordinary session at the request of a simple majority of the members of the College Council.

(3) The calling of the national convention is done through mass media, at least 3 months before the set date.

(4) The national convention is preceded by territorial conventions, which approve the representatives in accordance with the representation norm.

(5) The national convention is legally constituted in the presence of two-thirds of the number of delegated representatives. If the quorum condition is not met at the first call, the executive committee sets a new date, no sooner than 15 calendar days. In this situation, the national convention is legally constituted in the presence of the majority of the delegated members and adopts decisions with the majority of the present members.

Art. 27. – The national convention has the following responsibilities:

a) approves the Internal Organization and Operation Regulation, the Code of Ethics of the profession of psychologist with the right to practice freely, the Disciplinary Procedure Code, the Norms for the approval of methods and techniques for psychological evaluation and assistance, as well as amendments to these;

b) elects and revokes the president of the College and the members of the executive committee;

c) approves the activity report of the College Council and other documents.

Art. 28. – The College Council is made up of the president of the College, who is also the president of the College Council, the members of the executive committee, and the presidents of the territorial branches.

Art. 29. – (1) The College Council meets annually, at the invitation of the president of the College.

(2) The College Council may also meet exceptionally, at the request of a simple majority of its members.

Art. 30. – The responsibilities of the College Council are as follows:

a) establishes guidelines regarding the fundamental issues of the profession of psychologist with the right to practice freely and the activities of the College;

b) analyzes and approves the activity report of the Executive Committee;

c) approves the annual fee and the level of charges necessary to cover the costs of certification and other services provided;

d) approves the administrative structures of the Executive Committee, the establishment of new committees, or the restructuring of existing ones;

e) approves the financial audit report, conducted by an independent firm;

f) approves the budget of income and expenses of the College, the balance sheet of the College, and discharges the Executive Committee from the management of funds.

Art. 31. – The Executive Committee is composed of the president of the College, who also holds the position of president of the Executive Committee, the presidents of the committees provided for in Art. 35, and their members.

Art. 32. – The legal substitute for the president of the Executive Committee, in case of unavailability, is the president of the Ethics and Discipline Committee or another committee president, designated by the Executive Committee.

Art. 33. – The Executive Committee has the following responsibilities:

a) issues the certificate of psychologist with the right to practice freely;

b) issues the opinion for the methods and techniques of psychological assessment and assistance, as well as their mode of use;

c) proposes to the authorized institutions courses and other forms of continuing education in the field of psychology, in accordance with legal provisions;

d) develops the Internal Organization and Operation Regulation;

e) develops the Code of Ethics for the profession of psychologist with the right to practice freely;

f) develops, together with the Ministry of Education and Research, the methodological norms for the application of this law;

g) develops the Code of Disciplinary Procedure and monitors its application;

h) develops the Norms for the approval of methods and techniques for psychological evaluation and assistance;

i) prepares, updates, and makes public the Unique Register of psychologists with the right to practice freely in Romania;

j) mediates disputes between psychologists with the right to practice freely, between them and the beneficiaries of psychological services, as well as between psychologists and their employers, on issues related to the exercise of the profession of psychologist with the right to practice freely;

k) notifies the competent authorities in cases of unlawful practice of the profession of psychologist with the right to practice freely;

l) proposes the level of fees for the services provided, as well as the annual membership fee.

Art. 34. – The Board of Directors operates through plenary meetings and committees, whose competencies and periodicity are established by the Internal Organization and Operation Regulation.

Art. 35. – (1) Within the Board of Directors, the following committees operate:

a) application committees: The Clinical Psychology and Psychotherapy Committee; The Work, Transport, and Services Psychology Committee; The Educational Psychology, School Counseling, and Vocational Guidance Committee; The Psychology for Defense, Public Order, and National Security Committee;

b) Methodological Committee;

c) Ethics and Discipline Committee.

(2) The committees mentioned in paragraph (1) are specialized organizational structures whose responsibilities are established by the Internal Organization and Operation Regulation.

(3) Depending on needs, existing committees may be established, dissolved, or restructured.

Art. 36. – The committees have the following responsibilities:

a) the application committees carry out the procedures provided in the methodological norms for the application of this law and propose to the Board of Directors the issuance of the certificate in the corresponding fields of specialization;

b) The Methodological Committee reviews the methods and techniques of psychological assistance in accordance with the Norms for the approval of methods and techniques for evaluation and psychological assistance;

c) The Ethics and Discipline Committee monitors compliance with the Code of Ethics of the psychology profession with the right to practice freely, judges deviations from its provisions, and applies sanctions in accordance with this law.

Art. 37. – Each committee is led by a bureau consisting of a president, vice president, secretary, and has a technical secretariat.

Art. 38. – The committees develop norms and procedures for control and professional supervision in their respective fields, approved by the College Council, ensuring the training of individuals with control responsibilities.

Art. 39. – Members of the Board of Directors and the leadership of the territorial branches have the right to meeting allowances established by the Internal Organization and Functioning Regulation and to reimbursement of travel expenses related to the fulfillment of specific duties.

Art. 40. – The President of the College and the presidents of the committees provided in art. 35 ensure the operational leadership of the College.

Art. 41. – The President of the College has the following duties:

a) represents the College in relations with other organizations and institutions in the country and abroad;

b) concludes agreements and contracts in the name of the College, with the approval of the Board of Directors;

c) convenes and leads the meetings of the Board of Directors, the Council of the College, and the National Convention;

d) orders the budgetary expenses of the Board of Directors.

SECTION 3

The territorial branches of the College

Art. 42. – (1) The College has territorial branches at the county level and in the municipality of Bucharest.

(2) If there are fewer than 50 psychologists with the right to practice freely in a county, territorial branches may be established by associating psychologists from neighboring counties.

Art. 43. – The governing bodies of the territorial branches are:

a) the branch convention;

b) the branch committee;

c) the president of the branch.

Art. 44. – The branch convention represents the forum for discussion of the members of the College residing in the respective area, and has the following duties:

a) discusses the specific issues of current professional practice;

b) approves the annual activity report of the branch committee;

c) elects and revokes the president and members of the branch committee;

d) elects representatives for the national convention;

e) proposes candidates for the position of president of the College and member of the Board.

Art. 45. – The branch convention meets annually at the call of the branch president or at the request of the majority of the branch members.

Art. 46. – (1) The branch committee is the coordinating structure at the territorial level and is under the authority of the Board.

(2) The branch committee is led by a president and is composed of an odd number of members.

(3) The duties of the branch committee:

a) prepares the annual activity report and, after its approval by the branch convention, submits it to the Board;

b) informs members about the decisions of the College;

c) may make proposals for representation at the national convention;

d) may make proposals for candidacies for president and members of the Board;

e) oversees the professional activity of the College members from the respective branch area, based on the mandate given by the Board, and reviews the files of psychologists with the right to practice proposed for control activities;

f) receives certification files, checks their compliance, and forwards them to the Board.

Art. 47. – The legal substitute of the branch president is the member of the branch committee with the longest professional experience.

SECTION 4

The unique register of psychologists with the right to practice in Romania

Art. 48. – (1) The unique register of psychologists with the right to practice freely in Romania includes the list of psychologists with the right to practice freely, in accordance with the provisions of this law.

(2) The register is a public document, made available to the beneficiaries of psychological services, in order to certify the right to practice freely and the areas of competence of the members of the College.

(3) The board of directors is obliged to ensure the publicity of the unique register of psychologists with the right to practice freely in Romania, through electronic means and by its annual publication.

CHAPTER IV

Funding of the College's activities

Art. 49. – The sources of funding for the College are as follows:

a) contributions;

b) fees;

c) donations and sponsorships from individuals and legal entities;

d) other sources, according to the laws in force.

Art. 50. – The allocation of the budget for the board of directors and the branch committees is approved by the College Council.

Art. 51. – Financial funds are used for personnel expenses, material expenses, investments and equipment, as well as for other purposes belonging to the specific field of activity.

Art. 52. – Financial activity is subject to the control of the competent authorities.

CHAPTER V

Disciplinary responsibility

Art. 53. – The board of directors of the College adjudicates disputes and ethical, disciplinary, and professional violations of psychologists, in accordance with the Code of Disciplinary Procedure.

Art. 54. – (1) Psychologists with the right to practice freely who violate the provisions of this law and the specific regulations regarding the exercise of the profession of psychologist or do not respect the Code of Ethics are subject to disciplinary action depending on the severity of the offense, and may be sanctioned with:

a) reprimand;

b) warning;

c) temporary suspension, for a period of 6-12 months, of the license to practice the profession;

d) permanent withdrawal of the certificate.

(2) The sanctions provided in paragraph (1) shall be communicated within 10 days to the territorial labor inspectorate, as well as to the institution or unit with which the sanctioned psychologist has concluded the employment contract.

Art. 55. – The sanctions provided in art. 54 paragraph (1) letters a) and b) are applied by the Ethics and Disciplinary Committee, at the proposal of the specialized committees of the Board of Directors, while those mentioned in art. 54 paragraph (1) letters c) and d), by the Board of Directors, at the proposal of the Ethics and Disciplinary Committee.

Art. 56. – The sanctions provided in art. 54 paragraph (1) letters a) and b) can be contested before the Board of Directors, while those mentioned in art. 54 paragraph (1) letters c) and d), before the College Council.

Art. 57. – The disciplinary liability of psychologists with the right to practice freely certified according to this law does not exclude criminal, contraventional, civil, or material liability, according to legal provisions.

Art. 58. – Practicing the profession of psychologist, under conditions of free practice, by a person who does not have this quality constitutes a crime and is punished according to the Penal Code.

CHAPTER VI

Transitional and final provisions

Art. 59. – The Association of Psychologists in Romania designates an initiative committee that convenes the Constituent Assembly of the College, within 3 months from the entry into force of this law.

Art. 60. – The Constituent Assembly of the College elects the provisional Board of Directors, the interim president, and designates territorial initiative committees.

Art. 61. – The Board of Directors elected by the Constituent Assembly of the College develops, within 6 months, the documents provided in art. 33 letters d), e), g) and h) and, within the same term, convenes the National Convention of the College.

Art. 62. – 3 months before the National Convention, the committees of the territorial branches of the College organize the branch conventions, which elect the committee members, designate representatives to the National Convention, and approve proposals for positions at the College level.

Art. 63. – The National Convention approves the organizational and operational documents provided by this law, elects the president and members of the Board of Directors, for a term of 4 years.

Art. 64. – The imposition by the College of restrictions regarding the location and number of private practice psychological offices is strictly prohibited.

Art. 65. – The methodological norms for the application of this law are approved by a Government decision within 60 days from the establishment of the governing bodies of the College.

Art. 66. – This law enters into force 30 days after its publication in the Official Gazette of Romania, Part I.

This law was adopted by the Senate in the meeting of May 17, 2004, in compliance with the provisions of art. 76 para. (1) of the Constitution of Romania, republished.

p. THE PRESIDENT OF THE SENATE,

GHEORGHE BUZATU

This law was adopted by the Chamber of Deputies in the meeting of May 18, 2004, in compliance with the provisions of art. 76 para. (1) of the Constitution of Romania, republished.

p. THE PRESIDENT OF THE CHAMBER OF DEPUTIES,

CONSTANTIN NIŢĂ

Bucharest, May 27, 2004.

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