Announcement Of Law On Psychologists, Etc.

Original Language Title: Bekendtgørelse af lov om psykologer m.v.

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Overview (table of contents)



Chapter 1



Authorization, etc.





Chapter 2



Rights and duties





Chapter 3



Authorization and supervisory authority, etc.





Chapter 4



Various provisions





Chapter 5



Criminal provisions





Chapter 6



Transitional and commencement provisions, etc.



The full text of the Ordinance to the law on psychologists, etc.

Hereby promulgated law on psychologists, etc., see. lovbekendtgørelse nr. 132 of 27. February 2004, with the changes imposed by § 2 of the law No. 574 of 24. June 2005, § 3 of law No. 1585 by 20. December 2006 and section 6 of the law No. 706 of 25. June 2010.

Chapter 1 Authorisation etc.

§ 1. The right to designate himself as a psychologist has only the one that has received approval as a psychologist after §§ 2 and 19, paragraph 2.

§ 2. The right to receive approval as a psychologist has anyone here in the country 1) has passed the master's degree in psychology, psychological-pedagogical diploma or equivalent degree, and as 2) has undergone a psychologist, see. § 17, specifically, additional practical training of two years ' duration.

(2). The authorisation granted by the psychologist, who leads a list of announced authorizations.

(3). Authorisation may not be communicated to the likely to be dangerous to his fellows in the exercise of activities of a psychologist either due to demonstrated gross incompetence or because of disease. The authorisation can also be denied under the criminal law of the civil section 78, paragraph 2, referred to circumstances.

(4). For the grant of authorisation as a psychologist paid one of social affairs and integration Minister fixed fee.

§ 3. A psychologist may be deprived of his authorization, if the psychologist is likely to be a danger to other people due to 1) a disorder that makes the person concerned unfit for the exercise of the duties, or 2) illness or abuse of intoxicants or similar, which means that the psychologist permanently or periodically find themselves in a deficient soul mode, or 3) demonstrated gross negligence in the exercise of his Office.

§ 4. Before the Psychologist Board decides that an authorisation should be deprived of, the Tribunal may obtain a written statement from the medico-legal Council and call upon the practitioner of his or her duty to comment in writing or make an oral statement in one sitting, which also medico-legal Council can participate. The person concerned shall also be invited to within 14 days to declare whether the case desired settled by judgment, or whether the case can be decided by the psychologist. Given such a declaration does not, psychologist may refer the matter to courts.

§ 5. Psychologist Board may in urgent cases where the continued company offering over-the hanging danger, temporarily depriving the practitioner of the duties of the latter shall withdraw approval.

§ 6. Legal procedure for withdrawing an authorisation request is psychologist in the civil procedure forms. It can in a judgment on the withdrawal of authorisation to provide that appeals do not have suspensory effect. The question, however, may not be dismissed from a job because of the withdrawal of authorization, pending a final court decision.

§ 7. Psychologist Board may ask the practitioner of his or her duty to undergo a medical or other expert study for use of the Board's position on whether the authorization should be sought deprived the person concerned. If the person refuses to comply with such a request, shall submit to the Board the question of the right Psychologist, where any legal proceedings shall be instituted. The Court shall determine the question by order. Such a decision may also be taken, after that brought lawsuit concerning deprivation of authorization.

(2). If the practitioner of the operator fails to comply with an order to undergo a medical or other expert study, depriving the person concerned shall withdraw approval, psychologist and if there are landscaped trial thereof, lapse trial.

(3). The costs of an investigation in accordance with paragraph 1 shall be borne by the Treasury.

§ 8. Psychologist publishes decisions on temporary or definitive withdrawal of the approval in accordance with sections 3-7.

(2). If the right to exercise his duties as a certified psychologist by the judgment in a criminal case, the prosecution must give notice to the psychologist. Psychologist Board publishes the disqualifications.

§ 9. Psychologist Board may, on application, give a psychologist, after §§ 3-7 has been stripped of its authorization, permission to regain approval when the circumstances that justified the withdrawal are no longer present.

(2). A refusal by the psychologist on the recovery of the authorization in accordance with paragraph 1 of this article may be challenged before the courts at the earliest one year after the decision on final approval or denial of the dom is denied by the person concerned to regain approval.

§ 10. A psychologist may over for psychologist sign away his authorization for the time or until further notice. The authorisation will be recovered when the time limit for the disclaimer of warranties have expired, and can, moreover, also within a set time limit restored after application to the psychologist, if the circumstances that justified the exclusion, no longer found to be present.

§ 11. Psychologist gives public notice of authorisation as well as for withdrawal and exclusion in accordance with sections 9, 10 and 20.

Chapter 2 rights and obligations of section 12. A psychologist is in the performance of his company committed to care and conscientiousness.

§ 13. Complaints against an authorized psykologs activities in the field of health care be brought before the Disciplinary Board of the health system.

§ 14. Authorized psychologists must keep orderly records of their activities in accordance with detailed guidelines provided by the Minister for social affairs and integration, upon a proposal from the Commission and after consulting a psychologist from the Minister of health with respect to psychologists orderly records within the healthcare system.

(2). The records referred to in paragraph 1 shall be kept for at least 3 years.

(3). The, about whose personal relationship established records in accordance with paragraph 1, shall have a right of access to records.

(4). The right of access may be limited to the extent that the party's interest in access to documents exist that should give way to crucial terms of the question itself or to other private interests.

(5). Refusal of a request for inspection of the files of an authorized psykologs activities in the field of health care can be appealed to the health care Disciplinary boards. Outside of health care can be a refusal of a request for access is made to the authority, which is the appeal body in relation to the authorized psykologs business area, moreover, in the case, the request for inspection of the files relates to.

§ 15. (Repealed).

§ 16. Authorized psychologists must show care and uhildethed by drafting of statements, which they place in their capacity as authorized psychologists.

Chapter 3 Authorization and supervisory authority, etc.

§ 17. As the approval and regulator reduces the social and integration Minister a psychologist boards that consist of 1) 1 member appointed by the Minister for social affairs and integration, 2) 1 member appointed on the recommendation of the Minister of health, 3) 1 member appointed on the recommendation of the Minister of education, 4) 1 member appointed on the recommendation of the National Association of local authorities, 5) 1 member appointed on the recommendation of the regions in the Association, 6) 1 member appointed on the recommendation of the Copenhagen and Frederiksberg Municipalities , 7) 1 member appointed on the recommendation of the Council of organisations of disabled people and 8) 2 members appointed upon a proposal from the Danish psychological Association.

Similarly, a substitute shall be appointed for each Member.

(2). Social Affairs and integration, the Minister shall appoint the Chairperson and Vice-Chairperson from among the Committee members.

(3). Psychologist Board members shall be appointed for 4 years. If the appointment is to take place over a period of time, apply it only to the end of the period. To the members of the Board who does not perform the duties of a psychologist as part of their official work, be granted remuneration and compensation for carriage, along with not State employees, who receive separate payment transactions. The cost shall be borne by the State.

(4). Psychologist shall inform the authorisation referred to in article 6. sections 2 and 19, paragraph 2, and shall supervise the authorized psychologists.

(5). Social Affairs and integration Minister determines after consultation of psychologist its rules of procedure, including rules to the effect that the Committee can summon expert assistance, and ensuring that cases can be decided in writing. The Minister for Social Affairs and integration may also lay down rules to the effect that cases in which the decision is not deemed to pose a doubt, refer to the Chairman's decision.

(6). Psychologist with the Board's decisions cannot be brought before another administrative authority.

§ 18. Authorized psychologists are obliged, at the request of the psychologist to submit all the information necessary for the implementation of the supervision.

(2). Psychologist must for health care Disciplinary Tribunal bring cases relating to authorized psychologists company within health care, as the Tribunal is likely to provide the basis for criticism or other sanction.

Chapter 4 miscellaneous provisions


§ 19. Social Affairs and integration, the Minister may lay down such provisions on the exercise of the activity in this country as a psychologist, as are necessary for the implementation of the agreement on the common Nordic labour market for psychologists and directives adopted by the European communities.

(2). Psychologist Board can announce the approval as a psychologist to persons who have undergone training abroad, which can be assimilated to those of section 2, paragraph 1, referred to education.

§ 20. Is firming as a psychologist in this country on the basis of an authorisation given in another country, he or she shall withdraw approval if the strip the psychologist shall withdraw approval of that other country will be deprived of the concerned or otherwise loses its validity.

§ 21. The right to designate himself as a psychologist has only the one at a university or other higher education institution have passed the master's degree in psychology or equivalent exam.

(2). Without prejudice to the rules on professional secrecy. section 152 of the criminal code and sections 152 (c) to (f) shall apply mutatis mutandis to psychologists.

Chapter 5 Penal provisions of section 22. A licensed psychologist who is guilty of gross or repeated negligence or carelessness in the performance of its duties, is punishable by a fine.

§ 23. Violation of section 1, sections 14-16 and § 21 (1) is punishable by a fine.

(2). In regulations issued under this law, may be fixed penalty of fines for violation of the provisions of the legislation.

Chapter 6 transitional and commencement provisions, etc.

§ 24. In Act No. 397 out of 10. June 1987 on the central Board of health, etc., as last amended by Act No. 369 of 6. June 1991, is amended as follows: 1. section 4 (1) is replaced by the following:

» Board of health oversees the health professional activity undertaken by individuals within the healthcare system. However, this does not apply to activities carried out by authorized psychologists. In addition, lead Health Agency oversight of managers of retirement homes and similar, which is not associated with a real doctor. '

2. In section 19 shall be inserted after paragraph 2 as new paragraph: "(3). In cases involving authorized psychologists activities in the field of health care, the Committee must, however, obtain the opinion of the Board, before the Board shall be decided by the Psychologist in a case. '

§ 25. The law shall enter into force on the 1. January 1994.

section 26. The who within the last 10 years prior to the entry into force of the Act have practised as a psychologist equivalent to full-time employment for at least 2 years, and which has carried out a training which meets the requirements for approval under the Danish psychological Association in 1990 established by authorisation, or that meet the requirements, the Ministry of education asking for approval of continuing education for clinical psychologists in the public school right of authorization as a psychologist, see. However, § 2, paragraph 3.

(2). Applications for authorisation pursuant to paragraph 1 shall be submitted to the Committee within six months from the Psychologist Act comes into force. When special circumstances justify, psychologist grant derogations from this period.

§ 27. The law does not apply to the Faroe Islands and Greenland but may by Royal Decree is implemented for Faroe Islands with the derogations which the special Faroese conditions warrant.

Act No. 574 of 24. June 2005 contains the following entry into force and transitional provisions. (The amendment relates to section 17. The amendment concerns impact corrections in the social sphere as a result of local government reform. )

§ 8 paragraph 1. The law shall enter into force on the 1. January 2007.

Paragraphs 2 to 9. (Omitted).

Act No. 1585 by 20. December 2006 contains the following entry into force and transitional provision. (The amendment relates to section 22. The amendment concerns the adaptation of rules on supervision of the resolution of social tasks for local government reform, as well as rules on transport allowance in connection with specialist advice in VISO, etc.)

§ 4 paragraph 1. The law shall enter into force on the 1. January 2007.

Act No. 706 of 25. June 2010 includes the following entry into force and transitional provisions. (The amendment relates to sections 13, 14 and 18. The amendment concerns a new patient complaints system, the opportunity to complain about health care health-care activities, simplification of the rules on supervisory measures, etc.)

§ 8 paragraph 1. The law shall enter into force on the 1. January 2011, see. However, paragraphs 2 and 3.

Paragraph 2-3. (Omitted).

(4). Complaints etc. of healthcare enterprise brought to health care patient complaints board before the entry into force of the Act, completed by health care Disciplinary boards, with the exception of complaints about conditions covered by the Health Act Chapter 4-9 and section IV, as finalized by the Patient and complaints. The institution before the entry into force of the Act medical officer's is asked to investigate a complaint, complete medical institution survey after the existing rules in section 14, paragraph 1, of the law on complaint and redress access within the health service.

Paragraph 5-6. (Omitted).

(7). Complaints about the psychiatric patient complaints Committee decisions are submitted to the Health care system the national patients before the entry into force of the law, finalized by the psychiatric Appeals Board.

The Ministry of Social Affairs and integration, the 8. March 2012 P.M.V. Jesper Zwisler/Dorte Bech Vizard