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10 JULY 2016. - An Act to amend the Act of April 4, 2014 regulating the professions of mental health care and amending Royal Decree No. 78 of November 10, 1967 on the exercise of the professions of health care on the one hand and amending the Act respecting the exercise of the professions of health care, coordinated on May 10, 2015 on the other hand

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER 1^er. - Introduction
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
CHAPTER 2. - Amendments to the Act of April 4, 2014 regulating the professions of mental health care and amending Royal Decree No. 78 of November 10, 1967 concerning the exercise of the professions of health care
Art. 2. Section 2 of the Act of April 4, 2014 regulating the professions of mental health care and amending Royal Decree No. 78 of November 10, 1967 concerning the exercise of health care professions is repealed.
Art. 3. Section 3 of the Act is repealed.
Art. 4. In section 23 of the Act, (b), (c), (d) and (f) are repealed.
Art. 5. In section 24 of the Act, c) is repealed.
Art. 6. Chapters 3 and 4 of the Act are repealed.
CHAPTER 3. - Amendments to the Health Care Professions Act, coordinated on May 10, 2015
Art. 7. In Article 27, § 1^er, first and second paragraphs, of the Law on the Exercise of Health Care Professions, coordinated on 10 May 2015, the words "and 63" are replaced by the words ", 63, 68/1, 68/2 and 68/2/1, § 2 and § 4".
Art. 8. Article 28, § 1^erParagraphs 1^er and 2, of the same law, the words "and 63" are replaced by the words ", 63, 68/1, 68/2 and 68/2/1, § 2 and § 4.".
Art. 9. In section 68/1 of the Act, inserted by section 166 of the Act, the following amendments are made:
1° paragraph 1^er is amended to read:
(a) the existing text of the paragraph is preceded by the words "In addition to the practitioners referred to in Article 3, § 1^er";
(b) in the Dutch text, between the words "uitgereikt door de minister bevoegd voor Volksgezondheid" and the words "de klinische psychology uitoefenen", the word "mag" is repealed;
(c) the paragraph shall be supplemented by two subparagraphs, as follows:
"By derogation from paragraph 1^er, may also exercise clinical psychology, the holder of a clinical orthopedagogy degree that has sufficient knowledge of clinical psychology. The King determines the conditions of training and practical training required to attest to this sufficient knowledge";
2° in paragraph 2, paragraph 1^er, the words ", after notice of the Federal Council for Clinical Psychology and Clinical Orthopedagogy," are repealed;
Paragraph 3 is amended to read:
(a) the existing text of the paragraph is preceded by the words "Without prejudice to the exercise of medical art as defined in Article 3, it is understood";
(b) In the Dutch text, between the words "onder de uitoefening van de klinische psychology" and the word "verstaan", the word "wordt" is repealed;
(c) between the words "by exercise of clinical psychology" and the words "usual accomplishment", the words "we hear" are repealed;
(d) the paragraph shall be supplemented by a subparagraph, as follows:
"The King may clarify and describe the acts referred to in paragraph 1^er and set the conditions for their exercise. ";
Paragraph 4 is replaced by the following:
§ 4. In order to exercise clinical psychology, the licensed clinical psychologist, at the end of his training, follows a professional internship.
However, the requirement to undergo a professional internship does not apply to clinical psychologists who, at 1^er September 2016, already practice clinical psychology.
Nor is the requirement for clinical psychology students who began their studies at 1^er September 2016 or start at the latest during the academic year 2016-2017.
The King shall determine terms and conditions for the professional internship referred to in paragraph 1^er.
The professional internship takes place in an approved internship service, under the supervision of an approved internship master.
Internship teachers and internship services in clinical psychology are approved by the Minister with Public Health in his or her duties or by the federal public service official Public Health, Food Chain Safety and Environment whom he or she designates.
The King sets out the criteria for the accreditation of the internship masters and internship services referred to in paragraph 6.".
Art. 10. In section 68/2 of the Act, inserted by section 167 of the Act, the following amendments are made:
1° paragraph 1^er is amended to read:
(a) the existing text of the paragraph is preceded by the words "In addition to the practitioners referred to in Article 3, § 1^er,"
(b) in the Dutch text, between the words "uitgereikt door de minister bevoegd voor Volksgezondheid" and the words "de klinische orthopedagogiek uitoefenen", the word "mag" is repealed;
(c) Paragraph 2 is replaced by the following:
"By derogation from paragraph 1^er, may also exercise clinical orthopedagogy, the holder of a degree in clinical psychology that has sufficient knowledge of clinical orthopedagogy. ";
(d) the paragraph shall be supplemented by paragraph 3, which reads as follows:
"The King determines the conditions of training and practical training required to attest to this sufficient knowledge. ";
2° in paragraph 2, the words ", after the advice of the Federal Council for Clinical Psychology and Clinical Orthopedagogy" are repealed;
Paragraph 3 is replaced by the following:
§ 3. Without prejudice to the exercise of medical art as defined in Article 3, the exercise of clinical orthopedagogy means the usual accomplishment, within a scientific reference framework of clinical orthopedagogy, of autonomous acts that aim to prevent, detect and establish a pedagogical diagnosis, with particular attention to the contextual factors taken, and the detection of educational problems,
The King may clarify and describe the acts referred to in paragraph 1^er and set the conditions for their exercise. ";
Paragraph 4 is replaced by the following:
"Paragraph 4 For the exercise of orthopedagogy, the clinical orthopedagogue approved follows, at the end of its training, a professional internship.
However, the requirement to undergo a professional internship is not applicable to clinical orthopaedagogues which, at 1^er September 2016, already practice clinical orthopedagogy.
Nor is the requirement for clinical orthopedagogy students who began their studies at 1^er September 2016 or start at the latest during the academic year 2016-2017.
The King shall determine terms and conditions for the professional internship referred to in paragraph 1^er.
The professional internship takes place in an approved internship service, under the supervision of an approved internship master.
Internship masters and internship services in clinical orthopedagogy are approved by the Minister who has Public Health in his or her duties or by the official of the Federal Public Service Public Health, Safety of the Food Chain and Environment delegated by him.
The King sets out the criteria for the accreditation of the internship masters and internship services referred to in paragraph 6.".
Art. 11. In the same Act, an article 68/2/1 is inserted as follows:
"Art. 68/2/1. § 1^er. Psychotherapy is a form of health care treatment that uses, in a logical and systematic way, a coherent set of psychological means (interventions), which are anchored in a psychological and scientific reference framework, and require interdisciplinary collaboration.
§ 2. Psychotherapy is performed by a practitioner, as referred to in Articles 3, § 1^er68/1 and 68/2, in a psychotherapist-patient relationship, with the aim of eliminating or alleviating the difficulties, conflicts and psychological disorders of the patient.
§ 3. In order to be able to practice psychotherapy, the practitioner, as referred to in § 2, followed a specific training in psychotherapy in a university or high school. The training has at least 70 ECTS credits.
The practitioner also followed a professional internship in the field of psychotherapy at least two years of full-time practice or its equivalent in the case of part-time exercise.
Specific training and vocational training can take place simultaneously.
The King may determine terms and conditions for the professional internship referred to in paragraph 2.
§ 4. By derogation from §§ 2 and 3, professional practitioners other than professional practitioners as referred to in Articles 3, § 1^er, 68/1 and 68/2 may also exercise psychotherapy independently, as long as it appears from one of the following categories:
(a) Professional practitioners who, by the academic year 2015-2016, completed their studies on the following cumulative conditions:
1° they have a professional title in accordance with this Act;
2° they have finished with fruit in an establishment a specific training in psychotherapy;
3° they can provide no later than 1^er September 2018 proof of the exercise of psychotherapy;
(b) Professional practitioners who, at 1^er September 2016, began or began a specific training in psychotherapy during the academic year 2016-2017, with the following cumulative conditions:
1° they have a professional title in accordance with this Act;
2° they have finished with fruit in an establishment a specific training in psychotherapy;
(c) Professional practitioners who, at 1^er September 2016, began or commenced during the academic year 2016-2017 a minimum bachelor level training that grants a professional title in accordance with this Act, subject to the following cumulative conditions:
1° they have a professional title in accordance with this Act;
2° they completed with fruit a specific training in psychotherapy, as referred to in § 3, paragraph 1^er;
3° they also followed a vocational course, as referred to in § 3, paragraph 2.
§ 5. By derogation from §§ 2 to 4, persons who are not professional practitioners may also exercise psychotherapy, provided they meet the following cumulative conditions:
(a) This is the non-self-contained practice of certain psychotherapeutic acts under the supervision of a practitioner, as referred to in paragraphs 2 to 4;
(b) practice takes place in an interdisciplinary framework with intervisional.
Persons referred to in paragraph 1^er In addition, one of the following categories appears:
a) those who, no later than the academic year 2015-2016, completed their studies on the following cumulative conditions:
1° they have finished with fruit a minimum formation of bachelor level;
2° they have finished with fruit in an establishment a specific training in psychotherapy;
3° they can provide no later than 1^er September 2018 proof of the exercise of psychotherapy;
(b) those who, as at 1^er September 2016 began or started during the academic year 2016-2017 a specific training in psychotherapy, with the following cumulative conditions:
1° they have finished with fruit a minimum formation of bachelor level;
2° they have finished with fruit in an establishment a specific training in psychotherapy;
(c) those who, at 1^er September 2016, began or began a training at the minimum level of bachelor in the academic year 2016-2017, with the following cumulative conditions:
1° they have finished with fruit a minimum formation of bachelor level;
2° they completed with fruit the specific training in psychotherapy, as referred to in § 3, paragraph 1^er;
3° they also followed a vocational course, as referred to in § 3, paragraph 2.
The Patient Rights Act of 22 August 2002 is applicable to psychotherapy practitioners referred to in this paragraph.
§ 6. The King may, by order deliberately in the Council of Ministers, after receiving the advice of the Federal Council of Health Care Professions, also authorize other professional practitioners to practice psychotherapy. It sets out, where applicable, the conditions to which they may exercise psychotherapy. These conditions cover at least their preparatory training.
§ 7. The King may, after the advice of the Federal Council of Mental Health Professions, describe psychotherapy and determine the conditions for the exercise of this discipline, including the subject matter that must be treated and the vocational training, as referred to in § 3, paragraph 2.".
Art. 12. In the same law, an article 68/2 is inserted, as follows:
"Art. 68/2/2. § 1^er. Professional practitioners as referred to in Articles 3, § 1^er, 68/1 and 68/2, which exercise psychotherapy in an autonomous manner, as well as autonomous practitioners of psychotherapy, as referred to in article 68/2/1, § 4, may be assisted by assistants, known as the mental health support professions.
Mental health care support professions do not pose any autonomous diagnostic and therapeutic act but perform requirements at the request of and under the supervision of professional practitioners referred to in paragraph 1^er or practitioners of psychotherapy referred to in paragraph 1^er.
§ 2. The King may, by order in the Council of Ministers, after the advice of the Federal Council of Mental Health Professions, set the list of mental health support professions, as well as the general criteria for accreditation of mental health support professions.
The King may, after the advice of the Federal Council of Mental Health Professions, determine the specific criteria that apply to each of the mental health support professions. ".
Art. 13. Section 68/3 of the Act is replaced by the following:
"Art. 68/3. § 1^er. It is established a Federal Council of Mental Health Professions, referred to as the "Federal Council", which is responsible for giving advice to the Minister who has Public Health in his or her functions, at the request of the Minister or initiative, in all matters relating to the accreditation and exercise of the professions of mental health care, including clinical psychology and clinical orthopedagogy, as well as in all matters related to therapy.
§ 2. The Federal Council is composed in such a way that members to be appointed will be particularly familiar with the exercise of a mental health care profession or the exercise of psychotherapy.
§ 3. The Federal Council consists of the following three professional groups:
(a) the professional group of clinical psychologists, composed of 16 clinical psychologists;
(b) the professional group of clinical orthopaedagogues, composed of 4 clinical orthopaedagogues;
(c) the professional group of doctors, composed of 8 doctors.
Each professional group has an equal number of Francophone and Dutch-speaking members.
Each professional group includes an equal number of members who hold an academic position on the one hand, and members who, for at least five years, have been engaged in either a mental health care profession or psychotherapy on the other.
The members referred to in paragraph 3 who occupy an academic position are offered on a double list by the faculties organizing a complete education leading to a training authorizing the exercise of clinical psychology, clinical orthopedagogy or medical art.
Members referred to in paragraph 3 who practise mental health care or psychotherapy are offered on a double list by representative professional organizations.
The King sets out the criteria for an organization to be designated as representative within the meaning of paragraph 5.
As long as in the same language group of the occupational group as referred to in paragraph 1^er, b), there is no member, orthopsychologists also come into account to occupy a mandate within this professional group, provided that professional organizations of psychologists who propose these orthopsychologists, also explicitly address the exercise of orthopedagogy in their statutes.
As long as pursuant to paragraph 7, no orthopsychologists could be proposed, clinical psychologists also take into account to occupy a mandate within the occupational group referred to in paragraph 1^er(b).
§ 4. Both the Minister who has Public Health in his or her powers and the Federal Council may establish working groups, which are responsible for a permanent or temporary mission.
In addition to members of the Federal Council, experts may also be deputy to the working groups of the Federal Council.
§ 5. Each effective member of the Federal Council shall be provided with an alternate member meeting the same conditions as the member.
§ 6. Members of the Federal Council are appointed by the King for a renewable term of six years. The Minister who has Public Health in his or her duties designates the President and Vice-President of the Federal Council outside of the members.
§ 7. The King regulates the organization and operation of the Federal Council. The Federal Council may not properly deliberate and give notice unless at least half of its effective members are present or represented by their alternate members.
If the attendance quorum is not reached at the end of a second appeal, the Federal Council may, in any event, derogate from paragraph 1^ervalidly deliberate and decide during the next meeting.
The advice of the Federal Council is taken by a simple majority of the members present.
In the event of a parity of votes, the President's voice is preponderant.
§ 8. If at least half of the members of a professional group of the Federal Council, as referred to in § 3, paragraph 1^er, do not agree with the advice of the Federal Council, the said occupational group may render a separate opinion in which it sets out its differing position. This notice is forwarded with the advice of the Federal Council to the Minister who has Public Health in his or her duties. ".
Art. 14. In Article 119, § 1^er, 2°, e), paragraph 2, of the Act, as amended by section 176 of the Act, the words "Federal Council for Clinical Psychology and Clinical Orthopedagogy" are replaced by the words "Federal Council for Mental Health Professions".
Art. 15. In section 133, paragraph 1^er, of the same law, as amended by section 180 of the Act, the words "Federal Council for Clinical Psychology and Clinical Orthopedagogy" are replaced by the words "Federal Council for Mental Health Care Professions".
Art. 16. In section 143/1 of the Act, as amended by section 182 of the Act, the words "Federal Council for Clinical Psychology and Clinical Orthopedagogy" are replaced each time by the words "Federal Council for Mental Health Professions".
CHAPTER 4. - Entry into force
Art. 17. This Act comes into force on 1^er September 2016.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 10 July 2016.
PHILIPPE
By the King:
The Minister of Social Affairs and Public Health,
Ms. M. DE BLOCK
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) Documents of the House of Representatives:
54 - 1848 - 2015/2016
No. 1: Bill
No. 2: Amendment
Number 3: Report
No. 4: Articles adopted^er vote
No. 5: Amendment
No. 6: Amendment
Number 7: Report
N° 8: Text adopted
No. 9: Amendment
No. 10: Amendment
No. 11: Text adopted