Key Benefits:
On 18 March 2011 (State 1 Er September 2013)
1 The purpose of this Act is to:
2 To this end, it rules:
3 Postgraduate training in psychotherapy and the exercise of the profession in this field are governed, for the holders of a federal diploma in human medicine, by the Law of 23 June 2006 on the medical professions 1 .
The masters, licences and diplomas in psychology granted by a Swiss high school entitled to subsidies within the meaning of the Act of 8 October 1999 on aid to universities are hereby recognized under this Law. 1 Or by a Swiss high school accredited within the meaning of the Federal Act of 6 October 1995 on the high schools 2 .
1 A degree in foreign psychology is recognized if its equivalence with a degree from a Swiss high school recognized under this Act is established according to one of the following criteria:
2 Recognized foreign degrees shall deploy in Switzerland the same effect as the diplomas of the Swiss high schools recognised by this Law.
3 The recognition of foreign diplomas falls within the competence of the Commission des professions de la psychologie (Commission).
4 If the Commission does not recognise a foreign diploma, it shall determine the conditions to be met by the applicant in order to comply with the requirements laid down in this Law for the admission to post-graduate training or the use of names Professional.
A person who has obtained a degree in psychology recognized in accordance with this Act may use the name of a psychologist.
1 Postgraduate training must extend and deepen the knowledge, abilities and social skills acquired during the training provided by a high school so that the people who have followed it are able to exercise their skills. Activity in a specialized field of psychology under their own responsibility. It must take into account the specific aspects of the speciality and activity considered and be based on the latest scientific knowledge in the field.
2 Postgraduate training enables those who have followed it to acquire the following skills in the chosen field:
1 Postgraduate training lasts at least two years and not more than six years.
2 In the case of part-time post-graduate training, the duration shall be extended accordingly.
3 The Federal Council determines the duration of post-graduation training for the various post-graduate titles. Instead of setting its duration, it may determine the extent of the training to be taken, in particular by determining the number of post-graduation training credits required.
1 Holders of a degree in psychology recognized in accordance with this Act may undergo accredited post-graduate training.
2 Any person wishing to undergo post-graduate training in psychotherapy must also have undergone basic training with sufficient study in clinical psychology and psychopathology.
3 Admission to post-graduate training may not be subject to membership in a professional association.
4 No one can claim a right to a post-graduate training place.
1 A federal post-grade title can be obtained in the following fields of psychology:
2 The Federal Council may, after consulting the Commission, provide for federal post-graduate titles for other areas of psychology that are directly relevant to health.
3 Federal post-graduate titles are issued by the organization responsible for the corresponding accredited postgraduate training stream.
4 They are signed by a representative of the Confederation and a representative of the organisation responsible for post-graduation training.
1 A foreign post-degree title is recognized if its equivalency with a federal post-grade title is based on one of the following criteria:
2 A recognized foreign postgraduate title deploys in Switzerland the same effects as the corresponding federal post-grade title.
3 Recognition falls within the competence of the committee.
4 If the commission does not recognise a foreign post-degree title, it sets out the conditions to be met by the applicant in order to obtain the corresponding federal post-degree title.
The Federal Council regulates how federal post-graduate titles can be used in the professional designation. He shall consult the committee in advance.
1 The purpose of accreditation is to verify whether postgraduate training courses enable persons in training to achieve the objectives set out in this Act.
2 It includes monitoring the quality of structures, processes and outcomes.
Post-graduation training courses leading to the obtaining of a federal post-graduate qualification must be accredited in accordance with this Act.
1 A post-graduate training stream is accredited under the following conditions:
2 The Federal Council may, after consultation with the responsible organizations, issue provisions that embody the criterion of accreditation referred to in para. 1, let. B.
1 The responsible organisation addresses the application for accreditation of a post-graduate training course to the accreditation body (Art. 34).
2 A report is attached to the application that demonstrates compliance with the accreditation criteria (self-assessment report).
1 The accreditation body shall establish a committee of experts to examine the post-graduate training sector. This commission is made up of recognised Swiss and foreign specialists.
2 The Committee of Experts supplements the applicant's self-assessment report with its own analyses.
3 It shall submit a reasoned request for accreditation to the accreditation body.
4 The accreditation body may:
1 The accreditation body shall decide on the request for accreditation after consulting the committee.
2 It may include the accreditation of expenses.
The period of validity of accreditation shall be no more than seven years.
1 If the accreditation is accompanied by charges, the organisation responsible for the post-graduate training course must prove the execution of the charges within the time limit laid down in the accreditation decision.
2 If the charges are only partially fulfilled, the accreditation authority may impose new charges.
3 If the non-execution of the charges seriously undermines compliance with the accreditation criteria, the accreditation body, at the request of the accreditation body, may revoke the accreditation.
1 Any fundamental change in the content or structure of an accredited post-graduate training stream requires a new accreditation.
2 Any other modification of the content or structure of an accredited post-graduate training stream must first be brought to the attention of the accreditation body.
3 If the amendment does not meet the accreditation criteria, the accreditation authority may impose charges.
1 The accreditation body may at any time require the organisations responsible for post-graduation training to provide it with the necessary information or documents; it may also carry out inspections at home.
2 If it finds a behaviour that does not meet the criteria for accreditation, it may impose charges.
The accreditation of post-graduate training courses is financed by emoluments paid to applicants.
1 In order to exercise his profession as a private economic activity under his or her own professional responsibility, the psychotherapist must have obtained an authorization from the canton in whose territory he exercises.
2 The exercise of the profession of psychotherapist in a cantonal or communal administration is not considered a private economic activity.
1 Cantonal authorisation holders have the right to exercise psychotherapy as a private economic activity under their own professional responsibility in another canton for at least 90 days per calendar year without requiring An authorisation from that canton. The restrictions and charges related to their authorization also apply to this activity. These persons must declare their activity to the competent cantonal authority. This will include the announcement in the Register.
2 Holders of foreign professional qualifications who may avail themselves of Annex III of the Agreement of 21 June 1999 between the Swiss Confederation of the one part, and the European Community and its Member States, of the other part, on the free Movement of persons 2 Or Annex K to the Convention of 4 January 1960 establishing the European Free Trade Association (EFTA) 3 May exercise without authorization a profession in the field of psychotherapy as service providers. They must be announced in accordance with the procedure established by the Federal Law of 14 December 2012 on the obligation of service providers to declare their professional qualifications in the context of the regulated professions and on the Verification of these qualifications 4 The competent cantonal authority shall record the declaration in the register.
1 New content according to Art. 8 hp. 2 of the 14 Dec PMQ. 2012 on the obligation of service providers to declare their professional qualifications in the context of the regulated professions and on the verification of these qualifications, in force since 1 Er Seven. 2013 ( RO 2013 2417 ; FF 2012 4103 ).
2 RS 0.142.112.681
3 RS 0.632.31
4 RS 935.01
1 The authorisation to practice shall be granted to the applicant who fulfils the following conditions:
2 Any person who holds an authorisation to practice issued in accordance with this Law shall be presumed to fulfil the conditions required for the grant of an authorisation in another canton.
The canton may provide that the authorisation to practice is subject to professional, temporal or geographical restrictions as well as to charges as long as these restrictions and charges are necessary to guarantee care Quality psychotherapy.
The authorisation shall be withdrawn if the conditions of the grant are no longer fulfilled or if the competent authority finds, on the basis of events following the granting of the authorisation, that the authorisation should not have been issued.
Persons engaged in psychotherapy as a private economic activity under their own professional responsibility must observe the following professional duties:
1 Each canton appoints a supervisory authority for persons exercising psychotherapy as a private economic activity under their own professional responsibility in its territory.
2 The supervisory authority shall take the necessary measures to ensure that psychotherapists comply with their professional duties.
The cantonal judicial or administrative authorities and the federal authorities shall without delay announce to the competent cantonal supervisory authority the facts likely to constitute a breach of professional duties.
1 In the event of a breach of professional duties, provisions of this Law or of its implementing provisions, the supervisory authority may impose the following disciplinary measures:
2 In the event of a breach of the professional duty set out in s. 27, let. B, only the disciplinary measures referred to in para. 1, let. A to c.
3 The fine may be imposed in addition to the prohibition on the exercise of psychotherapy as a private economic activity, under its own professional responsibility.
4 During the disciplinary procedure, the supervisory authority may restrict the authorisation to practice, attach or provisionally withdraw the charges.
5 The criminal provisions are reserved.
1 If the supervisory authority of a canton opens disciplinary proceedings against the holder of an authorisation issued by another canton, it shall inform the supervisory authority of that canton.
2 If it intends to prohibit the holder of an authorisation issued by another canton from exercising his profession as a private economic activity under his own professional responsibility, she shall consult the supervisory authority of that canton.
1 The prohibition of practice is applicable throughout Switzerland.
2 It lapses any authorisation to exercise psychotherapy as a private economic activity under its own professional responsibility.
1 Disciplinary action shall be subject to two years from the date on which the supervisory authority has been informed of the facts.
2 Any act of instruction or procedure which the supervisory authority, a criminal prosecution authority or a court of law operates in relation to the facts complained of results in an interruption of the limitation period.
3 Disciplinary action shall be prescribed in all cases by ten years from the date of the commission of the act.
4 If the breach of professional duties constitutes an act under criminal law, the longer limitation period laid down in the criminal law is applicable.
5 The supervisory authority may take into account the facts prescribed to assess the risks to which public health is exposed as a result of the conduct of a person undergoing disciplinary proceedings.
1 The accreditation of post-graduation training courses leading to the achievement of a federal title is within the competence of the Federal Department of the Interior (DFI).
2 The DFI maintains the list of accredited post-graduate training courses.
The Federal Council appoints a body to examine applications for accreditation by organizations responsible for post-graduate training.
1 The Federal Council establishes a Commission of the Psychological Professions and appoints its members.
2 It ensures appropriate representation of the scientific community, the high schools, the cantons and the professional circles concerned.
3 The committee has a secretariat.
4 It adopts a regulation, which lays down, in particular, the decision procedure. The regulations are subject to approval by the DFI.
1 The Commission has the following tasks and competences:
2 The Federal Council may entrust other tasks to the committee.
3 The Commission may process personal data as long as the performance of its tasks requires it.
1 As far as they are not cantonal authorities, the organisations responsible for accredited post-graduate training courses, complying with the Federal Act of 20 December 1968 on the administrative procedure 1 , make decisions on the following points:
2 In addition, the general provisions of the federal procedure are applicable.
1 Any person who, in his or her professional documents, in advertisements of any kind or in any other document intended for his business dealings, is liable to a fine shall be liable to a fine as follows:
2 The criminal prosecution is the responsibility of the cantons.
The Federal Council shall monitor the implementation of this Act.
The Federal Council shall issue the implementing provisions.
1 The Federal Council shall, after consulting the Committee, draw up a list of post-graduation training courses in psychotherapy accredited provisionally for a period of five years from the entry into force of this Law. The securities obtained through these channels are of federal securities.
2 Post-rank titles obtained prior to the entry into force of this Law upon completion of post-graduate training on the list established by the Federal Council in accordance with para. 1 value of federal securities.
3 Authorizations to exercise psychotherapy on an independent basis or as a private economic activity under its own professional responsibility which have been granted in accordance with the cantonal law before the entry into force of this Laws retain their validity in the canton in question.
4 Persons who, before the entry into force of this Law, did not need authorisation, under the cantonal law, to exercise psychotherapy as a private economic activity under their own professional responsibility shall Hold a valid authorization no later than five years after the entry into force of this Act.
1 This Law shall be subject to the referendum.
2 The Federal Council shall fix the date of entry into force.
Date of entry into force: 4 1 Er April 2013 Art. 36 and 37: 1 Er May 2012. Articles 38 to 43 come into force at a later date.
1 * The terms designating people also apply to women and men.
2 RS 101
3 FF 2009 6235
4 O of 15 March 2013 ( RO 2013 915 )
