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RS 935.816.3 Order of 6 July 2016 concerning the register of psychology professions (Ordinance concerning the LPsy registry)

Original Language Title: RS 935.816.3 Ordonnance du 6 juillet 2016 concernant le registre des professions de la psychologie (Ordonnance concernant le registre LPsy)

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935.816.3

Guidelines for the Register of Psychological Professions

(LPsy Registry Ordinance)

On 6 July 2016 (State 1 Er August 2016)

The Swiss Federal Council,

See art. 40, para. 2, of the Law of 18 March 2011 on the psychology professions (LPsy) 1 ,

Stops:

Section 1 General provisions

Art. 1 Purpose

1 This Order governs the administration, content and use of the Psychological Registry.

2 The Registry of the Psychological Professions deals with:

A.
Holders of a federal post-degree title or a foreign post-degree title in the areas of specialization listed in s. 8 LPsy;
B.
Holders of an authorisation to exercise psychotherapy as a private economic activity under their own professional responsibility;
C.
Persons who have announced their activity in accordance with s. 23 LPsy.
Art. 2 Responsible Authority

1 The Federal Office of Public Health (OFSP) administers the Registry of the Psychological Professions.

2 It coordinates the provision of data, in particular those from the cantonal services responsible for issuing licences to practice.

3 It assigns the individual rights of data processing and access to the registry of psychology professions.

Section 2 Data, provision and recording of data

Art. 3 Registry contents

1 The Psychology Occupations Register contains the following data relating to holders of a federal post-grade title or a recognized foreign post-degree title in the fields listed in s. 8 LPsy:

A.
Name, first names, previous names;
B.
Date of birth and sex;
C.
Language of correspondence;
D.
Nationalities;
E.
Person identification number (GLN 1 );
F.
Degree in recognized psychology, country and date of graduation;
G.
Federal post-grade title, place and date of establishment of the security;
H.
Recognized foreign postgraduate qualification, country and date of postgraduate designation, date of recognition by the Psychological Professions Commission (PsyCo);
I.
Business Identification Number (BRO);
J.
Date of death.

2 It contains the following data relating to the holders of an authorisation to exercise psychotherapy as a private economic activity under their own professional responsibility:

A.
The data listed in para. 1;
B.
One of two authorization statuses:
1.
Authorisation granted,
2.
No authorization;
C.
The cantons which have granted the authorisation to practice and the date of the authorisation;
D.
The legal basis under which the authorisation to practise was granted (Art. 24 or 49, para. 3, LPsy);
E.
The office address, telephone numbers and e-mail addresses;
F.
Language skills in accordance with s. 24, para. 1, let. C, LPsy;
G.
Restrictions and charges applied to the authorization to practice under s. 25 LPsy, date and pattern;
H.
The refusal or revocation of the authorization to practice under s. 26 LPsy and its date;
I.
The restrictions imposed on the authorization to practice and the date of their release;
J.
The reason for the refusal or withdrawal of the authorization to practice;
K.
Disciplinary action under s. 30 LPsy, their date and their pattern.

3 The Psychology Occupations Register contains the following data relating to benefit providers who have the right to practise for up to 90 days according to s. 23 LPsy:

A.
The data listed in para. 1, let. A to f, and 2, let. K;
B.
The townships in which the person has announced and the date of the announcement;
C.
The verified post-grade title, the date of its establishment, the place and country in which it was issued, the date on which the PsyCo issued the verification certificate.

1 The abbreviation "GLN" means " Global Location Number ".

Art. 4 OFSP

1 The OFSP entered in the Psychological Record of Occupations:

A.
Concerning the holders of a federal post-grade title in the fields listed in Art. 8 LPsy, the data set out in s. 3, para. 1, let. A to g and j;
B.
With regard to holders of authorisation to practise psychotherapy as a private economic activity under their own professional responsibility, if there are sensitive data within the meaning of Art. 6, para. 2.

2 It retains sensitive data within the meaning of s. 6, para. 2, in a safe place, separately from the rest of the psychology profession register.

Art. 5 Commission des professions de la psychologie

PsyCo registered in the Psychological Professions Register:

A.
With respect to holders of a recognized foreign post-degree title, the data set out in s. 3, para. 1, let. A to f and h, and
B.
Concerning persons who have announced an activity within the meaning of s. 23, para. 2, LPsy, the data set out in s. 3, para. 1, let. A to e, and 3, let. C.
Art. 6 Cantons

1 The competent cantonal authorities register in the register of the professions of psychology:

A.
With respect to the holders of an authorization to practice, the data set out in s. 3, para. 2, let. B to h;
B.
Concerning service providers who have the right to practise for up to 90 days according to Art. 23, para. 2, LPsy, the date of the declaration of their activity.

2 They shall report without delay to the OFSP the following sensitive data concerning the holders of an authorisation to exercise psychotherapy as a private economic activity under their own professional responsibility:

A.
The restrictions imposed on the authorization to practice and the date of their release;
B.
The reason and date of the refusal or withdrawal of the authorization to practice;
C.
Warnings, their cause and date;
D.
Blames, their cause and date;
E.
The conviction to a fine, the reason, the date and the amount of the amendment;
F.
The temporary ban on the exercise of psychotherapy as a private economic activity under its own professional responsibility, the reason and the start and end dates of the temporary ban;
G.
The definitive prohibition on the exercise of psychotherapy as a private economic activity under its own professional responsibility, the reason and the date of the definitive ban.
Art. 7 Federal Statistics Office

The Federal Statistical Office (SFO) registers in the registry of professions of psychology the IDE which it has assigned to persons registered in the register who manage a business.

Art. 8 Post-graduate training organizations

Post-graduate training organizations provide the FOPH with the data set out in s. 3, para. 1, let. A to d, f and g:

A.
Concerning the holders of a post-graduate degree in psychotherapy with the value of federal title within the meaning of s. 49, para. 1 and 2, LPsy;
B.
Concerning the holders of a federal post-grade title in the fields listed in Art. 8 LPsy.

Section 3 Quality, communication, use and modification of data

Art. Data Quality

1 The Federal Department of the Interior may define the quality requirements and the format that the data to be provided must comply with.

2 Each data provider shall ensure that data processing in its field is carried out in accordance with the requirements in force.

3 In particular, it shall ensure that only accurate and complete data are recorded in the occupational register of psychology or provided or declared to the competent service.

Art. 10 Communication of public data

1 Public data is available on-line or on request.

2 Data available only on request are referred to as Annex 1.

Art. 11 Access by Standard Interface

1 The OFSP allows the following users to access public data through a standard interface:

A.
Data providers;
B.
Public or private services responsible for legal tasks or who can attest that they fulfil a task of public interest.

2 Data providers have access via the standard interface only to the data they need to perform their duties under the LPsy.

3 Public or private services have access via the standard interface only to the data they need to perform their tasks. Access is granted only on written request and subject to a fee.

4 The FOPH publishes on the Internet the list of services within the meaning of para. 1, let. B, which have access to data through the standard interface.

Art. 12 Use of data for statistical or research purposes

1 The FOPH communicates the public data recorded in the Psychological Registry:

A.
To the SFO annually and free for statistical purposes;
B.
To public or private services in an anonymized form for research purposes, to the extent that the research project is of public interest and where the data are necessary for the project.

2 The data shall be communicated to the services referred to in para. 1, let. B, on written request only and subject to a fee.

Art. 13 Communication of sensitive data to cantonal authorities

1 The competent cantonal authorities for the granting of authorisation to practice may request information electronically on sensitive data referred to in Art. 6, para. 2.

2 The FOPH communicates the sensitive data referred to in s. 6, para. 2, using a secure link.

Art. 14 Communication of sensitive data to data subjects

1 Any person who is registered in the Register may apply to the DRAO electronically or in writing for information on sensitive data recorded in the register under s. 6, para. 2.

2 For information electronically, it must request a user name and password from the OFSP.

3 The FOPH shall communicate to the person sensitive data recorded in the register under s. 6, para. 2, using a secure link.

Art. 15 Data Change

1 The FOPH, PsyCo, Cantons and SFO are responsible for the modification of the data they have entered in the Register of Psychological Occupations under Art. 4, 5 and 6, para. 1, and 7.

2 The cantons are asking the OFSP electronically to amend the data they have declared under Art. 6, para. 2.

3 Post-graduate training organizations are asking the OFSP electronically to change the data they have provided under s. 8.

4 All amendments are recorded in minutes.

Art. 16 Request for modification by the persons concerned

1 Persons registered in the Register may request by electronic means the modification of incorrect data or the addition of missing data concerning them.

2 They must ask the OFSP for a user name and password for this purpose.

Art. 17 Write-off and elimination of entries in the psychology profession registry

1 The cancellation or disposal and anonymization of entries shall be made in accordance with Art. 43 LPsy.

2 The FOPH shall take the necessary steps to ensure the cancellation and elimination of registrations within the prescribed time limit.

Section 4 Costs and emoluments

Art. 18 Cost Allocation

1 The FOPH ensures the programming, operation and development of the Register of Psychological Professions.

2 It shall bear the costs not covered by the fees.

3 Costs of connection to the standard interface according to Art. 11 and the necessary technical adaptations are the responsibility of the users.

Art. 19 Emoluments

1 Users of the standard interface referred to in s. 11, para. 1, let. B, pay the following fees, calculated according to the time spent processing their application:

A.
A single fee of up to 3000 francs for the processing of the application and assistance in the programming of the standard interface, the certificate and the training of users, and
B.
An annual fee of 5000 francs for technical assistance, renewal of the certificate, extension of the server's capacity and control of data quality.

2 Users who are also data providers are exempt from the obligation to pay fees.

3 The fees collected for the use of the data according to Art. 12, para. 1, let. B, are calculated based on the time devoted to anonymization and data preparation.

4 Moreover, the General Order of 8 September 2004 on emoluments 1 Is applicable.


Section 5 Data security

Art.

All services participating in the psychology professions register shall take the organisational and technical provisions required by the data protection legislation so that the personal data they are responsible for Cannot be lost, processed, accessed or used by unauthorized persons.

Section 6 Final provisions

Art. Transitional Provision

The Register of Psychology Occupations shall be publicly available no later than one year after the coming into force of this order.

Art. Entry into force

This order shall enter into force on 1 Er August 2016.

Annex 1

(art. 3-8 and 10-17)

Data supply, processing and use: rights and obligations

Enrolment in the registry

Data supply, processing and use: rights and obligations

Pub.

OFSP

Cantons

PsyCo

Org. FPG

Pers. Inscr.

OFS

Basic personal data

Name and First Name (s)

L

A

L

A

B, E

E

G

Previous name (s) *

L

A

L

A

B, E

E

G

Date of birth

L

A

L

A

B, E

E

G

Gender

L

A

L

A

B, E

E

G

Language of correspondence *

L

A

L

A

B, E

E

G

Nationality (s)

L

A

L

A

B, E

E

G

Person Identification Number (GLN)

L

A

L

A

L

E

G

Business Identification Number (IDE)

L

L

L

L

L

E

A

Date of death *

A

C

C

C

G

Data on postgraduate degrees and diplomas

Swiss university degree recognized in psychology, date and place of establishment

L

A

L

L

B, E

E

G

Foreign university degree recognized in psychology, date and country of establishment

L

L

L

A

L

E

G

Swiss post-graduation title, date and place of establishment

L

A

L

L

B, E

E

G

Recognized foreign postgraduate title, date and country of establishment, date of recognition by PsyCo

L

L

L

A

L

E

G

Data relating to the holders of an authorisation to practice

Canton (s) having granted permission to practice and date of authorisation

L

L

A

L

L

E

G

Base under which the authorization was granted

L

L

A

L

L

E

G

Office address, telephone number (s) and e-mail address

L

L

A

L

L

E

E

Language Skills

L

L

A

L

L

E

G

Restrictions on the authorization to practice

L

L

A

L

L

E

G

Expenses

L

L

A

L

L

E

G

Description of restrictions and charges *

L

L

A

L

L

E

G

Withdrawal of authorization

L

L

A

L

L

E

G

Refusal to grant authorization

L

L

A

L

L

E

G

Data on benefit providers who have the right to practice for up to 90 days

Canton (s) in which the activity is declared and the reporting date (s)

L

L

A

L

L

E

G

Post-graduation title with a certificate of equivalence, date and country of establishment of the title

L

L

L

A

L

E

G

Date of issue of the certificate of equivalence by PsyCo

L

L

L

A

L

E

G

Particularly sensitive data **

Restrictions and Date

A, F

C, D, E

D, E

Reason and date of withdrawal of authorization to practice

A, F

C, D, E

D, E

Reason and date of refusal of authorization to practice

A, F

C, D, E

D, E

Indication of possible existence of disciplinary measures

A

C, D, E

D, E

Warning (s), with reason and date

A, F

C, D, E

D, E

Blaming (s), with reason and date

A, F

C, D, E

D, E

Condemnation (s) to a fine, with date, reason and amount of fine

A, F

C, D, E

D, E

Temporary prohibition of practice, with reason and start and end dates

A, F

C, D, E

D, E

Final prohibition of practice, with reason and date of start and end

A, F

C, D, E

D, E

Rights and obligations

Data Providers and Users

A
Registration, modification and deletion of data
Pub.
Public
B
Data supply
OFSP
Federal Office of Public Health
C
Data declaration
Cantons
Cantons
D
Request for consultation
PsyCo
Commission des professions de la psychologie
E
Change Request
Org. FPG
Post-graduate training organizations
F
Communication on request for sensitive data
Pers. Inscr.
Registered Persons
G
Free use of data
OFS
Federal Statistics Office
L
Consultation

Empty No rights or obligations

*
Data not published on the Internet

** Non-public data


State 1 Er August 2016