Law Regulating Mental Health Care Professions And Amending Royal Decree No 78 Of 10 November 1967 On The Practice Of The Professions Of Health Care

Original Language Title: Loi réglementant les professions des soins de santé mentale et modifiant l'arrêté royal n° 78 du 10 novembre 1967 relatif à l'exercice des professions des soins de santé

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014022198&caller=list&article_lang=F&row_id=700&numero=746&pub_date=2014-05-20&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-05-20 Numac: 2014022198 PUBLIC SERVICE FEDERAL public health, food chain safety and environment April 4, 2014. -Law regulating mental health care professions and amending the Crown order No. 78 of 10 November 1967 on the practice of the professions of health PHILIPPE, King of the Belgians, A all, present and future, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution Chapter 2. -Clinical Psychology and clinical remedial art. 2. A section 8, § 1, of order royal No. 78 of 10 November 1967 on the practice of the professions of health care, amended by law of 6 April 1995, 13 December 2006 and 19 December 2008, the following changes are made: a) in paragraph 1, the words "and 21noviesdecies" are replaced by the words ", 21noviesdecies, 21quatervicies and 21quinquiesvicies";
(b) in paragraph 3, the words "and 21noviesdecies" are replaced by the words ", 21noviesdecies, 21quatervicies and 21quinquiesvicies".
S.
3. in article 9, § 1, paragraph 1, of the same royal decree, as amended by the law of 6 April 1995, 25 January 1999, December 13, 2006 and July 24, 2008, the words "and 21noviesdecies" are each time replaced by the words ", 21noviesdecies, 21quatervicies and 21quinquiesvicies".
S.
4. in article 11, paragraph 1, of the same royal decree, the words "in articles 2, 3 and 4" are replaced by the words "in articles 2, § 1, 3, 4, 21noviesdecies, 21quatervicies and 21quinquiesvicies".
S. 5. in the same royal decree it is inserted an article 11bis as follows: "article 11bis. any practitioner of a health care profession has the responsibility to refer his patient to another competent care provider where the health problem requiring intervention exceeds its own field of competence."
S.
6. in article 12 of the same royal decree, as amended by the law of December 13, 2006, the words "and 21noviesdecies" are replaced by the words ", 21noviesdecies, 21quatervicies and 21quinquiesvicies".
S. 7. in article 13, § 1, of the same royal decree, amended by the acts of 6 April 1995, 13 December 2006 and 19 December 2008, the following changes are made: has) in paragraph 1, the words "or 21noviesdecies" shall be replaced by the words ", 21noviesdecies, 21quatervicies and 21quinquiesvicies";
(b) in l ' paragraph 2, the words "3 and 21noviesdecies" are replaced by the words "3, 21noviesdecies, 21quatervicies and 21quinquiesvicies". "
S. 8. in article 15, paragraph 1, of the same royal decree, as amended by the Act of December 13, 2006, the words "and 21noviesdecies" are replaced by the words ", 21noviesdecies, 21quatervicies and 21quinquiesvicies".
S.
9. in article 17, paragraph 1, of the same royal decree, as amended by the Act of December 13, 2006, the words "or 21noviesdecies" are replaced by the words ", 21noviesdecies, 21quatervicies and 21quinquiesvicies".
S.
10. in article 18, § 2, paragraph 1, of the same royal decree, as amended by the law of 6 April 1995 and 13 December 2006, the words "and 21noviesdecies" are replaced by the words ", 21noviesdecies, 21quatervicies and 21quinquiesvicies".
S. 11. in article 19 of the same royal decree, as amended by the law of December 13, 2006, the words "and 21noviesdecies" are replaced by the words ", 21noviesdecies, 21quatervicies and 21quinquiesvicies".
S. 12. in the same royal decree, it is inserted an Iersexies chapter entitled "The exercise of clinical psychology and clinical ortopedagogie".
S. 13. in chapter Iersexies, inserted by section 12, it is inserted an article 21quatervicies, worded as follows: "article 21quatervicies. § 1. No person shall practise clinical psychology if he holds a licence issued by the Minister having health in its attributions.
§ 2. After the opinion of the federal Council of clinical psychology and clinical special, King lays down the conditions for obtaining, maintaining and the withdrawal of the recognition referred to the § 1, in particular materials which must have been assimilated and the courses that must be followed to obtain accreditation in clinical psychology.
Accreditation in clinical psychology may be given to the holder of a diploma of university education in the field of clinical psychology, punishing training which, in full exercise education, has at least five years of studies or 300 credits in the European system of transfer and accumulation of credits (ECTS), including an internship in the field of clinical psychology. Shall be treated as the holder of a university degree in the field of clinical psychology, the individuals with a degree of university education in the field of Psychology issued before the entry into force of this section and who can demonstrate a professional experience of at least three years in the field of clinical psychology.

§ 3. Practice of clinical psychology, means the usual autonomous acts accomplishment intended or presented as having to object, with respect to a human being and in a frame of reference scientifically supported by clinical psychology, prevention, examination, testing or the establishment of Psychodiagnostics of suffering psychological, psychosomatic, real or supposed, and support or the support of that person.
§ 4. The King may, after receiving the opinion of the federal Council of clinical psychology and clinical special, clarify and define the acts referred to in § 3 and fix the conditions for their execution."
S. 14. in the same chapter Iersexies, inserted by section 12, it is inserted an article 21quinquiesvicies, worded as follows: "article 21quinquiesvicies. § 1. No person shall exercise the clinical remediation if he holds a licence issued by the Minister having health in its attributions.
By way of derogation from paragraph 1, may exercise the clinical remediation the holder of an approval in clinical psychology that ensued during his training in clinical psychology clinical training in special education.
§ 2. After the opinion of the federal Council of clinical psychology and clinical special, King lays down the conditions for obtaining, maintaining and the withdrawal of the recognition referred to the § 1, paragraph 1, in particular materials which must have been assimilated and the courses that must be followed to obtain clinical approval in special education.
The clinical approval in special education cannot be given to the holder of a diploma of university education in the field of clinical special, punishing training which, in full exercise education, has at least five years of studies or 300 ECTS credits, including an internship in the field of clinical special.
§ 3. Exercise of clinical special, means the usual performance in a clinical special scientific framework of autonomous acts that are aimed at prevention, examination and testing of educational, behavioural problems, development or learning among individuals and support or support to these persons.
§ 4. The King may, after receiving the opinion of the federal Council of clinical psychology and clinical special, clarify and define the acts referred to in § 3 and fix the conditions for their execution."
S. 15. in the same chapter Iersexies, inserted by section 12, it is inserted an article 21sexiesvicies, worded as follows: "article 21sexiesvicies. § 1. A clinical psychology and clinical special federal Council is hereby established.
§ 2. The federal Council of clinical psychology and clinical special mission is to advise the Minister that public health in its attributions, scheduled or initiative, in all matters relating to the exercise of clinical psychology or the exercise of the clinical othopedagogie. This Board may also advise the Governments of the communities, at the request thereof, on any matter relating to their training.
§ 3. Clinical Psychology and clinical special federal Council is composed of: 1 ° eight members, including four francophone members and four Dutch, university diploma referred to in article 21quatervicies, § 2, paragraph 2, and occupant of the functions academic on the subject for at least five years, proposed on a double list by faculties organizing complete education referred to in article 21quatervicies § 2, paragraph 2;
2 ° two members, including a French-speaking Member and one Dutch-speaking, allowed to exercise special clinical in accordance with article 21quinquiesvicies, § 1, and occupant of the functions academic on the subject for at least five years, proposed on a list double by faculties organizing complete education leading to a formation allowing the exercise of clinical special, in accordance with article 21quinquiesvicies, § 2, paragraph 2;
3 ° eight members, including four francophone members and four Dutch, university diploma referred to in article 21quatervicies, § 2, paragraph 2, and effectively practicing clinical psychology, offered on a double list by representative trade organisations;
4 ° two members, including a French-speaking Member and one Dutch-speaking, licensed to practise the clinical remediation in accordance with article 21quinquiesvicies, § 1;

and practitioner of effective clinical special, offered on a double list by representative trade organisations;
5 ° two doctors, including a French and a Dutch, holders of the specific professional title of specialist doctor in Psychiatry such as fixed by the King and appointed by their professional organization.
The King may lay down criteria so that an organization can be designated as representative within the meaning of paragraph 1, 3 ° and 4 °.
§ 4. The members of the federal Council are appointed by the King for a renewable term of six years. The federal Council elects among its members, among the members, a president and a vice-president.
Each effective member of the federal Council is provided with an alternate member meeting the same conditions that he.
§ 5. The King regulates the organisation and functioning of the federal Council.
The federal Council may deliberate validly only if the half at least of its full members are present or represented by their alternates.
The federal Council's decisions are taken by a simple majority of the members present. In the event of equality of votes, the vote of the president is dominating.

§ 6. "With the exception of the members referred to in § 3, paragraph 1, 5 °, the federal Council members, as appropriate, certified as a clinical psychologist or special in accordance with article 21quatervicies, § 1, or article 21quinquiesvicies, § 1, no later than one year after the entry into force of the royal decree, which lays down the conditions and the terms of approval."
S. 16. in the same chapter Iersexies, inserted by section 12, it is inserted an article 21septiesvicies, worded as follows: "article
21septiesvicies. § 1. There is hereby established a Commission on accreditation for practitioners of clinical psychology and clinical special.
§ 2. The Commission on accreditation for practitioners of clinical psychology and clinical special mission is to give an opinion, in individual cases, to grant, to the control, and the maintenance of the approval referred to in article 21quatervicies, § 1, and the approval referred to in article 21quinquiesvicies, § 1.
§ 3. The King establishes the procedure for obtaining, maintaining and the withdrawal of approval referred to in article 21quatervicies, § 1, and the approval referred to in article 21quinquiesvicies, § 1.
§ 4. The King sets the composition, organization and functioning of the Commission on accreditation for practitioners of clinical psychology and clinical special.
The mandate of Member of the Board of certification is incompatible with that of Member of the federal Council of clinical psychology and clinical special."
S. 17. in article 22, 1 °, of the same royal decree, as amended by the law of 6 April 1995, the words "and 21quater" are replaced by the words ", 21quater, 21quatervicies and 21quinquiesvicies".
S. 18. in article 24, § 1, of the same royal decree, replaced by the law of 25 January 1999, the words "and 21A" are replaced by the words ", 21A, 21quatervicies and 21quinquiesvicies".
S. 19. in article 35b of the same royal decree, inserted by the law of December 19, 1990 and amended by the law of December 13, 2006, the words "and 22" are replaced by the words ", 21quatervicies, 21quinquiesvicies and 22".
S. 20. in article 35duodecies, paragraph 2, of the same royal decree, inserted by the law of 2 August 2002, the words "and 22" are replaced by the words ", 21noviesdecies, 21quatervicies, 21quinquiesvicies and 22".
S. 21. in article 35terdecies, paragraph 1, of the same royal decree, inserted by the law of 10 December 1997, and amended by the law of 2 August 2002 and 13 December 2006, the following changes are made: has) in the 1 °, the words "and 22" are replaced by the words ", 21quatervicies, 21quinquiesvicies and 22";
(b) in the 3 °, b), the words "and 22" are replaced by the words ", 21quatervicies, 21quinquiesvicies and 22".
S. 22. article 36, paragraph 2, of the royal decree, as amended by the laws of the December 20, 1974, 6 April 1995, December 13, 2006 and December 19, 2008, is complemented by the 7 ° c and 7 ° d, worded as follows: "7 ° c two psychologists;"
"7 ° d two persons authorized to exercise the clinical remediation."
S. 23. A section 37 of the same royal decree, as amended by the laws of the December 20, 1974, April 6, 1995, January 25, 1999, December 13, 2006, 8 June 2008 and December 19, 2008, the following changes are made: has) in the § 1, 2 °, a), the words ", clinical psychologists of the clinicians clinicians" are inserted between the words "of the nurse practitioners' and the words 'and paramedical practitioners;";
(b) in the § 1, 2 ° c), 1., the words 'nursing and paramedical professions' are replaced by the words "nursing, the paramedical professions, clinical psychology and clinical special";
((c) in the § 1, 2 ° c), 2, the words "nursing or a paramedical profession" are replaced by the words "nursing, paramedical profession, clinical psychology or clinical special";
((d) in the § 1, 2 °, e), paragraph 1, the words "or by a member of a paramedical profession" shall be replaced by the words ", clinical psychology, clinical remediation or by a member of a paramedical profession";
((e) in the § 1, 2 °, e), paragraph 2, the words ", the federal Council of clinical psychology and clinical special" shall be inserted between the words "of the federal Council of nursing art" and the words "or of the national Council of health professions";
(f) in § 2, paragraph 1, the words 'to 7 ° ter"are replaced by the words" 7 ° d".
S.
In the § 1, 1 ° 1st paragraph, the words "or 51" are replaced by the words " 21quatervicies, 21quinquiesvicies, or 51 ";
(b) in the § 1, 1 °, paragraph 4, the words "or 51" are replaced by the words ", 21quatervicies, 21quinquiesvicies or 51";
(c) in the § 1, 3 °, the words "or 21noviesdecies" shall be replaced by the words ", 21noviesdecies, 21quatervicies and 21quinquiesvicies";
(d) in paragraph 2, 2 °, the words "and 21noviesdecies" are replaced by the words ", 21noviesdecies, 21quatervicies and 21quinquiesvicies".
S.
25. in the same royal decree, it is inserted an article 40B, as follows: "article 40B. without prejudice to the application of the penalties provided by the penal Code, is punishable by a fine of 200 euro to 1.000 euro: 1 ° who, in contravention of article 21quatervicies, § 3, or article 21quinquiesvicies assigns itself publicly a professional designation to which he is entitled;
2 ° that which, in contravention of article 21quatervicies, § 3 or in article 21quinquiesvicies, unfairly assigns a professional designation to individuals that it occupies, even volunteer.
In the case referred to in paragraph 1, 2 °, employers and principals are civilly liable to the fines imposed on their servants or agents of the Chief of offences committed in the performance of their contract."
S. 26. in article 41 of the same royal decree, as amended by laws of December 20, 1974 and August 22, 1991, the words "nursing or a paramedical profession" are replaced by the words "nursing art, clinical psychology, clinical remediation or paramedical profession".
S. "27. in article 45, § 1, of the same royal decree, as amended by the laws of the December 20, 1974, August 6, 1993, 6 April 1995-December 19, 2008, the words", the federal Council of clinical psychology and clinical special"are inserted between the words of the federal Council of nursing art" and the words "and of the national Council of health professions".
S. 28. in article 45ter, § 1, of the same royal decree, inserted by the law of January 25, 1999 and amended by the law of December 13, 2006, the words "and 22" are replaced by the words ", 21quatervicies, 21quinquiesvicies and 22".
S. 29. in the same royal decree, it is inserted an article 47bis, as follows: "article 47bis. decrees taken in pursuance of article 21quatervicies and article 21quinquiesvicies are taken after advice of the federal Council of clinical psychology and clinical special, either initiative or at the request of the Minister having health in its attributions.
When the Minister application notice, clinical psychology and clinical special Council give its opinion within four months. After this period, the notice is supposed to have been given."
S. 30. in article 49, paragraph 1, of the same royal decree, as amended by laws of December 20, 1974 and 6 April 1995, the words "(à l'article 21quinquies, § 1er, b) and article 23 § 1" are replaced by the words "(à l'article 21quinquies, § 1er, b), in article 21quatervicies, § 4, in article 21quinquiesvicies, § 4, and article 23 § 1".
S. 31. in article 49bis, § 1, of the same royal decree, inserted by the law of 22 February 1998 and amended by the law of December 13, 2006, the words "or 21noviesdecies" shall be replaced by the words ", 21noviesdecies, 21quatervicies or 21quinquiesvicies".
S.
32. in article 49quater of the same royal decree, inserted by the law of 22 February 1998 and amended by the law of December 13, 2006, the words "and 22" are replaced by the words ", 21quatervicies, 21quinquiesvicies and 22".
S. 33. in article 50, § 1, paragraph 2, of the arrested

Royal, as amended by laws of December 20, 1974 and 6 April 1995, the words "(àles articles 5, 6, 21quinquies, § 1er, b) and 23, § 1," are replaced by the words "(àles articles 5, 6, 21quinquies, § 1er, b), in article 21quatervicies, § 4, in article 21quinquiesvicies, § 4, and article 23 § 1".
CHAPTER 3. -Psychotherapy Section 1st. -office of psychotherapy article
34. no person shall practise psychotherapy and bear the title of psychotherapist thereto if he holds an authorization granted for this purpose.
By way of derogation from paragraph 1, is entitled to practise psychotherapy but cannot wear the psychotherapist in training responding to the conditions determined by this law.
S. 35 § 1.
By exercise of psychotherapy, means the performance, usual to autonomous acts intended or present as, in order to eliminate or alleviate the difficulties, conflicts or psychic disorders of an individual, the fulfilment of psychotherapeutic interventions based on a psychotherapeutic framework, this individual or group of individuals, considered a system in its own right , which this individual.
§ 2. The King may, after receiving the opinion of the federal Council of psychotherapy, define the acts referred to the § 1 and fix the conditions for their execution.
§ 3. Are recognized as psychotherapeutic frameworks in which must register any psychotherapeutic intervention carried out by a psychotherapist empowered: 1 ° to psychoanalytic orientation and psychodynamic psychotherapy;
2 ° orientation behavioural and cognitive psychotherapy;
3 ° orientation family and systemic psychotherapy;
4 ° the humanistic orientation the person-centred and experiential psychotherapy.
§ 4. The King may, after receiving the opinion of the federal Council of psychotherapy, define other psychotherapeutic orientations and complete the list laid down in § 3.
S.
36 § 1. After receiving the opinion of the federal Council of psychotherapy, King lays down the conditions for obtaining, maintaining and the withdrawal of authorization to psychotherapy referred to in article 34.
§ 2. One of these conditions, the le Roi King fixed, including: 1 ° substances which should have been assimilated.
2 ° the courses that should have been followed;
3 ° the training continues;
4 ° the practice.
S. 37. the entitlement to psychotherapy is granted and withdrawn after the opinion of the federal Council of psychotherapy.
The King lays down the procedure for the granting, maintenance and the withdrawal of authorization to psychotherapy referred to in article 34.
S. 38 § 1. Psychotherapy clearance may be granted only to the practitioner who meets the following cumulative conditions: 1 ° be a carrier, at least, a degree of higher education in the field of health professions, psychology, science education or social sciences, punishing training that [...] has at least three years of study or 180 ECTS credits.
2 ° be formed from an academic institution or a high school, to the basics of psychology;
3 ° have followed a specific training in psychotherapy which has at least 70 ECTS credits spread over four years of training.
§ 2. The basics of Psychology referred to the § 1, 2 °, include the following materials: a) General Psychology;
b) psychopathology and Psychiatry;
(c) psychopharmacology;
(d) Psychodiagnostics;
(e) networking with health professions;
(f) introduction to the psychotherapeutic orientations.
These basics are specified by the King after the opinion of the federal Council of psychotherapy.

§ 3. In order to begin special training in psychotherapy, psychotherapist candidate carries, previously, at least an undergraduate degree of higher education in the field of health professions, psychology, sciences of education or social sciences, as referred in the § 1, 1 °, and is trained in the basics of psychology, as referred in the § 1 , 2°.
§ 4. The fixed King, after the opinion of the federal Council of psychotherapy, the number of hours for specific training in psychotherapy with at least 500 hours of theoretical training and an internship of at least 1,600 hours of clinical practice supervised in one of the recognised psychotherapeutic orientations.
S. 39 § 1. Are only responsible for issuing specific training in psychotherapy referred to in article 38 training institutions empowered to this effect.
§ 2. The King fixed, after receiving the opinion of the federal Council of psychotherapy, the conditions for granting, maintaining, and the withdrawal of authorization to issue specific training in psychotherapy.
§ 3. Among these conditions, the King shall determine, inter alia, the minimum criteria which must meet specific psychotherapy, related training: 1 ° to the subjects taught;
2 ° to the hourly volume of different teachings;
3 ° to the supervision of clinical practice.
S.
40. the entitlement to issue specific psychotherapy training shall be granted after the opinion of the federal Council of psychotherapy.
The King lays down the procedure for the granting, maintenance and the withdrawal of such authorisation to issue specific training in psychotherapy.
Section 2. -Federal Council of psychotherapy article 41 § 1. There is hereby established a federal Council of psychotherapy.
§ 2. In addition to the notices referred to in this Act, the federal Council of psychotherapy is to advise the Minister that public health in its attributions, scheduled or initiative, in all matters relating to the exercise of psychotherapy. The federal Council of psychotherapy can also give advice to the Governments of the communities, at the request thereof, on any matter relating to the training of psychotherapists.
§ 3. The federal Council of psychotherapy is composed of: 1 ° for each of the frames of reference, as referred to in article 35, paragraph 3, six members, including three French and three Dutch members, entitled to the practice of psychotherapy in accordance with article 34, paragraph 1, and practitioner of effective psychotherapy, offered on a double by representative trade organisations list.
2 ° for each of the frames of reference, as referred to in article 35, paragraph 3, two members, including one francophone member and a Flemish Member, to the practice of psychotherapy in accordance with article 34, paragraph 1, practicing an effective psychotherapy in the framework referred, and occupying the academic duties in this area for at least five years, offered on a list double by the universities after consultation with the professional organization concerned;
3 ° two doctors, including a French and a Dutch, holders of the specific professional title of specialist doctor in Psychiatry such as fixed by the King and appointed by their professional association.
The King may, by Decree deliberated in the Council of Ministers, establish criteria so that an association can be designated as representative within the meaning of paragraph 1, 1 °.
§
4. The Board members are appointed by the King for a renewable term of six years. The Council elects its members, among the members, a president and a vice-president.
Each Member of the Council is provided with a substitute meet the same conditions as him.
§ 5.
The King regulates the organisation and functioning of the Council.
The Council may deliberate validly only if the half at least of its effective members are present or represented by their alternates.
The decisions of the Council are taken by a simple majority of the members present. In the event of equality of votes, the vote of the president is dominating.
§ 6. The members of the Council are empowered as psychotherapists, in accordance with article 34, paragraph 1, no later than one year after the entry into force of the royal decree, which lays down the conditions and the terms of the authorization.
Section 3. -Rights and duties of the art psychotherapist 42. no person shall practise psychotherapy does not target its training title.
Psychotherapists authorized under this Act, who also have an instrument referred to in articles 2, 3, 21A, 21quater, 21quatervicies, 21quinquiesvicies and 22 of the royal decree No. 78 of 10 November 1967 on the practice of the professions of health care, are subject to the provisions of this royal decree regarding the visa.
The King may, by Decree deliberated in the Council of Ministers, declare one or more provisions of "arrested royal No. 78 of 10 November 1967 on the exercise of the professions of health care apply to psychotherapists authorized under this Act, who, moreover, have not a title referred to in articles 2, 3, 21A, 21quater 21quatervicies, 21quinquiesvicies and 22 of this order.
In the absence of such an application of l 'arrested royal No. 78 of 10 November 1967 on the practice of the professions of health care, the King fixed the procedure and conditions for the granting, maintenance, withdrawal or limitation of the visa.
S. 43. article 35quaterdecies of the Decree no royal, 78 of 10 November 1967 on the practice of the professions of health care shall apply to psychotherapists authorized under this Act.
S. 44. the psychotherapists authorized under this Act, who also have a title on one of the professions of

health referred to in articles 2, 3, 21A, 21quater, 21quatervicies, 21quinquiesvicies, and 22 of the Decree royal No. 78 of 10 November 1967 on the practice of the professions of health care, may use the title of psychotherapist to title to one of the health professions they have.
Psychotherapists authorized under this Act may add to their title of psychotherapist psychotherapeutic orientation to which they have been trained.
S. 45. any psychotherapist shall maintain a record for each patient.
Any psychotherapist takes every precaution to prevent private medical treatment of his patient.
Any psychotherapist has the responsibility to refer his patient to another competent care provider where the health problem requiring intervention exceeds its own field of competence.
With the consent of the patient or the person legally authorized to consent on his behalf, and without prejudice to article 458 of the penal Code, the non-licensed psychotherapist with a doctor's qualification informs the GP designated as reference doctor by the patient of the evolution of his patient's health.
S. 46. the King fixed, after receiving the opinion of the federal Council of psychotherapy, the ethical rules applicable to psychotherapists authorized under this Act.
These ethical rules regulate such suppletive manner to this Act, relations between psychotherapists, relations between psychotherapists and health professionals, the relationships between psychotherapists and patients and psychotherapists to the Community obligations.
The King can set terms for the control of compliance with the ethical rules by authorized psychotherapists and the sanctions regime.
Section 4. -Amendment of the Act of 22 August 2002 on the rights of the patient art. 47. in article 2, 3 °, of law of 22 August 2002 on the rights of the patient, the words "as well as the professional practitioner with a non conventional practice, as referred in the Act of 29 April 1999 on unconventional practices in the areas of medical art, the pharmaceutical art, physiotherapy, nursing and paramedical professions' are replaced by the words"the professional practitioner with an unconventional practice ", as referred to in the Act of 29 April 1999 on unconventional practices in the fields of medical, pharmaceutical art, physiotherapy art, nursing and paramedical professions and psychotherapist, as referred to in the Act of... regulating mental health care professions and amending the Crown order No. 78 of 10 November 1967 on the practice of the professions of health care".
Section 5. -Provisions criminal art. 48 § 1. Without prejudice to the application of the penalties provided by the penal Code, is punishable by imprisonment from eight days to three months and a fine of twenty-six to two thousand euros or one of those penalties only: 1 ° any person who, without the authorization referred to in article 34, carries out one or more activities falling within the psychotherapy in the usual manner;
2 ° any person who works in a way any sound competition or its assistance to a person who is not entitled to allow the latter to psychotherapy.
§ 2. Without prejudice to the application of the penalties provided by the penal Code, is punishable by a fine of two hundred thousand euro EUR: 1 ° any person who, without there be authorised in accordance with article 34, paragraph 1, has publicly attributed the title of psychotherapist.
2 ° that which, in breach of article 34, paragraph 1, attributed to a person he held the title of psychotherapist to which she is entitled.
In the case referred to in paragraph 1, 2 °, the employer or principal is liable to the fines imposed on his servant or agent of the head of offence in the performance of their contract.
Section 6. -Transitional provisions and rights acquired art. 49. the King fixed, after opinion of the federal Council of psychotherapy, the procedure whereby people justify a practice of psychotherapy at the date of publication of this Act can assert their training and their experience to bear the title of psychotherapist in the interval of the entry into force of this procedure, practitioners who can demonstrate a sufficient practice of psychotherapy and sufficient relevant training to the date of publication of this Act are authorized to continue the practice of psychotherapy.
CHAPTER 4.
-Council of mental health article 50 § 1. There is hereby established a Board of mental health.
§ 2. The mental health Council consists of eight members of the federal Council of clinical psychology and clinical special, eight members of the federal Council of psychotherapy and four psychiatrists of the two aforementioned councils members.

§ 3. The mental health Board's mission is to advise the Minister that public health in its attributions, scheduled or initiative, relating to cross-cutting issues relating to clinical psychology, clinical remediation and psychotherapy and the relationship between these disciplines and other health professionals.
§ 4. The King regulates the organisation and functioning of this Council.
The Council may deliberate validly only if the half at least of its effective members are present or represented by their alternates.
§
5. The decisions of the Council are taken by a simple majority of the members present. Opinions reflect minority views.
CHAPTER 5. -Entry into force art. 51. this Act comes into force on September 1, 2016.
The King may set a date of entry into force earlier than referred to in paragraph 1.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, on April 4, 2014.
PHILIPPE by the King: the Minister of Social Affairs and public health, Ms. L. ONKELINX sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note House of representatives (www.lachambre.be): Documents: 2013/2014-0 - 53-3243 full report: March 27, 2014 Senate (www.senate.be): Documents: 2013-2014 - 5-2470 annals of the Senate: March 13, 2014