The Saeima1 has adopted and
the President has proclaimed the following law:
Psychologist
Law
Chapter I
General Provisions
Section 1. Terms Used in the Law
The following terms are used in the Law:
1) psychologist - a person who in conformity with the
provisions laid down in this Law has acquired the right to pursue
the professional activity of a psychologist;
2) psychologist's certificate - a document issued by
the Board for Certification of Psychologists which confirms that
a psychologist is entitled to pursue the professional activity of
a psychologist independently in a certain field;
3) professional activity of a psychologist -
psychological assessment, preparation of the psychological
assessment report, counselling, and psychological assistance
provided individually, in a group or organisation by using
professional knowledge and scientifically justified methods;
4) psychologist-supervisor - a certified psychologist
to whom the Board for Certification of Psychologists has granted
the right to conduct supervision of a psychologist in the
relevant field of professional activity;
5) supervision of a psychologist - systematic
cooperation of a psychologist and psychologist-supervisor
(individually or in a group) which is based on a contract
mutually entered into and the purpose of which is to supervise
the professional activity of a psychologist and improve his or
her professional understanding and competence in order to ensure
the provision of psychological assistance of as high value as
possible and readiness of a psychologist to pursue professional
activity independently;
6) client - a natural person who receives psychological
assistance or consultations of a psychologist, or whose
psychological assessment is conducted by a psychologist, or on
whom a psychologist prepares a psychological assessment
report;
7) customer - a natural or legal person who orders the
services of the professional activity of a psychologist;
8) cooperation report - a document which demonstrates
cooperation of a psychologist with a client, activities conducted
and conclusions made within the framework thereof.
Section 2. Purpose of the Law
The purpose of this Law is to regulate the professional
activity of a psychologist in order to ensure qualitative
services of the professional activity of a psychologist.
Section 3. Right to Pursue the
Professional Activity of a Psychologist
(1) A person's right to pursue independent professional
activity of a psychologist shall be confirmed by a diploma of
higher education on the acquisition of an accredited study
programme of bachelor's degree and accredited study programme of
master's degree in psychology in the amount of at least 200
credit points, moreover, at least one of these programmes shall
be a professional study programme, and registration with the
Register of Psychologists and psychologist's certificate in a
certain field of activity.
(2) A psychologist who has not acquired a psychologist's
certificate in a certain field of activity is entitled to pursue
the professional activity of a psychologist if his or her
education complies with the provisions laid down in Paragraph one
of this Section, he or she has entered into the contract with a
psychologist-supervisor on the implementation of supervision of a
psychologist and is registered with the Register of
Psychologists.
(3) Until receipt of a psychologist's certificate, the
professional activity of a psychologist shall be pursued under
the supervision of a psychologist-supervisor.
Section 4. Fields of the
Professional Activity of a Psychologist
Fields of the professional activity of a psychologist shall be
as follows:
1) education and school psychology;
2) work and organisational psychology;
3) clinical and health psychology;
4) legal psychology;
5) counselling psychology;
6) military psychology.
Section 5. Register of
Psychologists
(1) The Register of Psychologists (hereinafter also - the
Register) shall be the State information system the purpose of
which is to ensure circulation of the information necessary for
the supervision of the professional activity of psychologists.
The information on psychologists and psychologists-supervisors
shall be included in the Register.
(2) The procedures by which psychologists and
psychologists-supervisors are registered, re-registered and
excluded from the Register, the types and amount of data to be
processed, and also time periods for data storage and procedures
for processing thereof shall be determined by the Cabinet.
(3) The supervisor of the Register shall be the State
Education Quality Service. The State Education Quality Service
shall ensure public availability of the Register on its website.
The State fee shall be paid for the registration of a
psychologist.
Section 6. Prohibitions of Pursuing
the Professional Activity of a Psychologist
It is prohibited to pursue the professional activity of a
psychologist by a person:
1) who fails to comply with the requirements of Section 3 of
this Law;
2) whose validity of a psychologist's certificate has been
suspended or cancelled and whose professional activity of a
psychologist has been suspended or terminated, and also for such
person whose professional activity of a psychologist has been
suspended or terminated;
3) who has been recognised to be under suspicion or accused in
criminal proceedings regarding a criminal offence which is
related to violence or threat to use violence, or regarding a
criminal offence against person's morality or sexual
inviolability;
4) who has been punished for a criminal offence which is
related to violence or threat to use violence, or for criminal
offence against person's morality or sexual inviolability -
regardless of the criminal record having been set aside or
extinguished;
5) who has committed a criminal offence which is related to
violence or threat to use violence, or criminal offence against
person's morality or sexual inviolability, but has been released
from serving the sentence;
6) against whom the criminal proceedings for a criminal
offence which is related to violence or threat to use violence or
for a criminal offence against person's morality or sexual
inviolability have been terminated on the grounds other than
exoneration;
7) for whom custody has been established.
Chapter
II
Certification of Psychologists and Supervision of the
Professional Activity Thereof
Section 7. Board for Certification
of Psychologists
(1) The Board for Certification of Psychologists shall be the
body for the evaluation and supervision of the professional
activity of psychologists established by the Minister for
Education and Science in which five representatives of State
authorities and two representatives from the Latvian Association
of Psychologists and the Latvian Federation of Associations of
Psychologists are included.
(2) The by-laws of the Board for Certification of
Psychologists shall be approved by the Cabinet.
(3) The functions of the Secretariat of the Board for
Certification of Psychologists shall be ensured by the State
Education Quality Service.
(4) The Board for Certification of Psychologists shall:
1) approve the by-laws and staff composition of the Commission
for Certification of Psychologists;
2) approve the by-laws and staff composition of the Commission
for Ethics of Psychologists;
3) approve the Code of Ethics of Psychologists;
4) organise certification, re-certification of psychologists
and granting the rights of a psychologist-supervisor;
5) decide on the registration of a psychologist with the
Register, suspension, termination and renewal of the professional
activity of a psychologist, issue, suspension, cancellation and
renewal of a psychologist's certificate;
6) decide on granting, suspension, cancellation and renewal of
the right of a psychologist-supervisor;
7) supervise the activity of the Commissions for Certification
of Psychologists;
8) supervise and control the professional activity of
psychologists;
9) examine submissions on the professional activity of
psychologists;
10) facilitate development of education and improving the
qualification of psychologists;
11) perform other tasks laid down in the by-laws of the Board
for Certification of Psychologists.
(5) A member of the Board for Certification of Psychologists
has the obligation to withdraw himself of herself from
examination of issues and decision-taking if:
1) there are circumstances due to which he or she could be
interested, directly or indirectly, in decision-taking;
2) he or she is related to the person on whom the decision is
being taken, the employer - is its employee, official,
shareholder or stockholder;
3) he or she is a relative to the person on whom the decision
is being taken up to the second degree of kinship, spouse or
brother-in-law up to the first degree of affinity;
4) he or she has joint household with the person on whom the
decision is being taken;
5) the decision-taking or participation in the decision-taking
affects his or her own personal or material interests or that of
his or her relatives or business partners.
(6) The decision of the Board for Certification of
Psychologists may be contested in the Ministry of Education and
Science within a month from the day of coming into force of the
decision. The decision of the Ministry of Education and Science
may be appealed to a court within a month from the day of coming
into force of the decision.
Section 8. Commissions for
Certification of Psychologists
(1) The number of Commissions for Certification of
Psychologists, by taking into account distribution of the fields
of the professional activity of psychologists, shall be
determined by the Cabinet. The personnel composition of the
Commissions for Certification of Psychologists and heads thereof
shall be approved by the Board for Certification of Psychologists
for a period of three years.
(2) The Commission for Certification of Psychologists shall
consist of four certified psychologists in the relevant field of
the professional activity of psychologists, two representatives
from the Latvian Association of Psychologists and the Latvian
Federation of Associations of Psychologists. At least two members
of the Commission for Certification of Psychologists shall be
psychologists-supervisors.
(3) The Commission for Certification of Psychologists
shall:
1) ensure the process of certification examinations and
psychologist-supervisor examinations;
2) provide an opinion to the Board for Certification of
Psychologists on the issue of a psychologist's certificate and
grating the right of a psychologist-supervisor;
3) provide an opinion to the Board for Certification of
Psychologists in relation to submissions for the professional
activity of psychologists and psychologists-supervisors.
(4) A member of the Commission for Certification of
Psychologists has the obligation to withdraw himself of herself
from examination of issues and decision-taking if:
1) there are circumstances due to which he or she could be
interested, directly or indirectly, in decision-taking;
2) he or she is related to the person on whom the decision is
being taken, the employer - is its employee, official,
shareholder or stockholder;
3) he or she is a relative to the person on whom the decision
is being taken up to the second degree of kinship, spouse or
brother-in-law up to the first degree of affinity;
4) he or she has joint household with the person on whom the
decision is being taken;
5) the decision-taking or participation in the decision-taking
affects his or her own personal or material interests or that of
his or her relatives or business partners.
Section 9. Certification and
Re-certification of Psychologists
(1) In order to acquire a psychologist's certificate for the
first time, an examination shall be taken. A psychologist
registered with the Register of Psychologists who conforms to all
of the following requirements is entitled to take the
certification examination of a psychologist:
1) education of a psychologist conforms to the requirements of
Section 3 of this Law;
2) the experience of the professional activity of a
psychologist conforms to the requirements laid down by the
Cabinet in respect of the scope of the professional activity of a
psychologist that is necessary for the acquisition of a
psychologist's certificate;
3) the supervision of a psychologist has been conducted by a
psychologist-supervisor to the extent laid down by the Cabinet
which is necessary for the acquisition of a psychologist's
certificate;
4) has paid the fee for taking the certification
examination;
5) the prohibitions of the performance of the professional
activity of a psychologist laid down in Section 6 of this Law do
not exist for a psychologist.
(2) The field of the professional activity of a psychologist
in which he or she could pursue independent professional activity
shall be indicated in the psychologist's certificate. The time
period of validity of a psychologist's certificate is seven
years. The State fee shall be paid for issuing a psychologist's
certificate.
(3) A certified psychologist in respect of whom the
prohibitions of pursuing the professional activity of a
psychologist laid down in Section 6 of this Law do not exist and
who has fulfilled the following to the extent laid down by the
Cabinet is entitled to apply for re-certification on the basis of
the documents confirming the requirements referred to in this
Paragraph:
1) has pursued the professional activity of a psychologist in
the field of the professional activity of a psychologist
indicated in the psychologist's certificate;
2) has ensured cooperation with a psychologist-supervisor
within the framework of a mutually entered into contract;
3) has improved his or her professional skills and
competence.
(4) A certified psychologist who does not meet the
requirements laid down in Paragraph three of this Section is not
entitled to apply for re-certification and shall take the
certification examination of a psychologist to obtain a
psychologist's certificate after fulfilment of the requirements
laid down in Paragraph one of this Section.
(5) The Cabinet shall determine:
1) the procedures for certification, re-certification of
psychologists, suspension, termination, renewal of the
professional activity of a psychologist, and suspension,
cancellation and renewal of a psychologist's certificate;
2) the requirements in respect of the scope of the
professional activity of a psychologist and the extent of the
supervision of a psychologist which is necessary for the
acquisition of a psychologist's certificate;
3) the requirements in respect of the scope of the
professional activity of a psychologist, the extent of
cooperation with a psychologist-supervisor and the extent of
improvement of professional skills and competences necessary for
re-certification;
4) the procedures for the process of the certification
examination of a psychologist and the minimum extent of
knowledge;
5) the amount of the fee for the certification examination of
a psychologist and procedures for the collection of the fee;
6) the criteria for the conformity of the competence and
professional activity of a psychologist with certain fields of
activity and also the procedures for detection of such
conformity;
7) a sample psychologist's certificate;
8) the amount of the State fee for the registration of a
psychologist with the Register and for the issue of a
psychologist's certificate and also the procedures for the
collection of the State fee.
Section 10. Granting of the Right of
a Psychologist-Supervisor
(1) An examination shall be taken for the acquisition of the
right of a psychologist-supervisor for the first time. The
examination of a psychologist-supervisor may be taken by a
certified psychologist who has at least five-year experience of
independent activity in the relevant field of the professional
activity of a psychologist and who has paid the fee for taking
the examination.
(2) A certified psychologist may obtain the right of a
psychologist-supervisors at the same time for not more than in
two fields of the professional activity of a psychologist. The
State fee shall be paid for granting the right of a
psychologist-supervisor and registration of the
psychologist-supervisor with the Register of Psychologists.
(3) The right of a psychologist-supervisor shall be granted
for the time period of validity of a psychologist's certificate.
The right of a psychologist-supervisor shall be granted for the
next time period of validity of the psychologist's certificate on
the basis of successful re-certification of a psychologist or
passed certification examination of a psychologist.
(4) The Cabinet shall determine:
1) the procedures for the granting, suspension, cancellation
and renewal of the right of a psychologist-supervisor;
2) the requirements in respect of the scope of the
professional activity of a psychologist which is necessary for
the acquisition of the right of a psychologist-supervisor;
3) the procedures for the process of the examination of a
psychologist-supervisor and the minimum extent of knowledge
thereof;
4) the amount of the fee for the examination of a
psychologist-supervisor and procedures for the collection of the
fee;
5) the amount of the State fee for granting the right of a
psychologist-supervisor and registration of a
psychologist-supervisor with the Register, and the procedures for
the collection of the State fee.
Section 11. Commission for Ethics of
Psychologists
(1) The Commission for Ethics of Psychologists and the Head
thereof shall be approved by the Board for Certification of
Psychologists for three years. There shall be six certified
psychologists - three representatives of the Latvian Association
of Psychologists and the Latvian Federation of Associations of
Psychologists - in the composition of the Commission for Ethics
of Psychologists. At least two of the members of the Commission
for Ethics of Psychologists shall be
psychologists-supervisors.
(2) The Commission for Ethics of Psychologists shall:
1) draw up the Code of Ethics of Psychologists;
2) provide opinions on the interpretation of the norms of the
Code of Ethics of Psychologists;
3) explain and analyse the norms of the Code of Ethics of
Psychologists, and also consult psychologists on the issues of
ethics;
4) compile and prepare conclusions and explanations on the
interpretation and application of the norms of the Code of Ethics
of Psychologists;
5) provide an opinion to the Board for Certification of
Psychologists in relation to the submission on the possible
violations of the Code of Ethics of Psychologists by a
psychologist and psychologist-supervisor.
(3) A member of the Commission for Ethics of Psychologists has
the obligation to withdraw himself of herself from examination of
issues and decision-taking if:
1) there are circumstances due to which he or she could be
interested, directly or indirectly, in decision-taking;
2) he or she is related to the employer of the person on whom
the decision is being taken or association represented by the
person - is its employee, official, shareholder, stockholder or
member;
3) he or she is a relative to the person on whom the decision
is being taken up to the second degree of kinship, spouse or
brother-in-law up to the first degree of affinity;
4) he or she has joint household with the person on whom the
decision is being taken;
5) the decision-taking or participation in the decision-taking
affects his or her own personal or material interests or that of
his or her relatives or business partners.
Chapter
III
Basic Principles of the Professional Activity of a Psychologist
and the Psychological Assessment Report
Section 12. Basic Principles of the
Professional Activity of a Psychologist
A psychologist shall comply with the following basic
principles in his or her professional activity:
1) the principle of responsibility - a psychologist takes
responsibility for his or her professional activity and the
decision taken independently from personal and external
circumstances, and also for the implementation of such decision
and consequences thereof in accordance with the law;
2) the principle of competence - a psychologist pursues the
professional activity of a psychologist only in such situations
and fields in which he or she has a corresponding competence,
knowledge and qualification, and also, where necessary, consults
with other colleagues or recommends another specialist;
3) the principle of confidentiality - a psychologist does not
disclose the data on a customer and client, the information
identifying the customer or client, and also the information of
personal nature related to the customer or client which has
become known through fulfilment of professional duties, except
for the cases referred to in Section 16 of this Law;
4) the principle of psychological welfare of a client - when
pursuing professional activity, a psychologist does not use such
methods of psychological work which may harm psychological
welfare of the client;
5) the principle of professional cooperation - in the
situation, where it is necessary, a psychologist cooperates with
both other psychologists and representatives of other professions
by complying with Section 16 of this Law;
6) the principle of informing a client of the objectives and
results of psychological assessment - a psychologist shall inform
a client of the objective of a consultation during the first
consultation and that in what way the client will have a
possibility to get familiar with the result of the work;
7) the principle of ethical attitude and action - when
pursuing professional activity, a psychologist shall comply with
the norms of general and professional ethics;
8) the principle of respecting a person's personality - a
psychologist respects and facilitates awareness of human rights,
value, honour and dignity;
9) the principle of honesty - a psychologist complies with and
facilitates honesty in scientific and academic activity of
psychology, he or she is honest and fair in his or her
professional activity.
Section 13. Psychological Assessment
Report
(1) A psychological assessment report shall be a document
prepared by a psychologist which has been developed by conducting
a person's psychological assessment and which complies with the
requirements of this Law and other laws and regulations.
(2) The following information shall be indicated in a
psychological assessment report by complying with the guidelines
coordinated by a sectoral ministry (if any has been developed)
for the relevant type of the assessment report:
1) the customer and client;
2) the objective of a psychological assessment;
3) the time and place of a psychological assessment;
4) the basic information of the client which is or may be
necessary during the process of preparation of an assessment
report;
5) the methods used in a psychological assessment;
6) observations during a psychological assessment, client's
motivation and assessment restrictions;
7) the results and analysis of a psychological assessment;
8) the substantiated conclusions and recommendations;
9) the information on confidentiality;
10) the date when the assessment report was prepared;
11) the given name, surname of a psychologist, the
certificate's number and date of issue.
(3) A psychological assessment report shall be prepared in two
copies and signed by a psychologist. If the assessment report is
prepared by a psychologist which has not obtained a
psychologist's certificate in accordance with the procedures laid
down in this Law, the preparation of the assessment report shall
be supervised and it shall be signed also by a
psychologist-supervisor supervising the activity of the
psychologist.
Chapter
IV
Obligations and Rights of a Psychologist
Section 14. Obligations of a
Psychologist
In pursuing the professional activity of a psychologist, he or
she shall have the following obligations:
1) to use the methods which are scientifically justified and
comply with the objective of a psychological assessment;
2) to pursue the professional activity of a psychologist of
high quality, objectively and decently, and also to take
responsibility for the results of his or her professional
activity;
3) to improve professional competence, knowledge, also
knowledge for work with specific target groups, on systematic and
regular basis, to ensure cooperation with a
psychologist-supervisor;
4) to comply with the norms of professional ethics of
psychologists, to refuse to pursue professional activity if it
causes the conflict of interests or a psychologist is not
competent to pursue such activity;
5) to cooperate with the representatives of other professions
and other psychologists in solving the problems of a client by
ensuring conformity with the requirements of professional ethics
and confidentiality;
6) to prepare a cooperation report on each client and, where
necessary, a psychological assessment report;
7) to provide information on the objectives, methods, process
and results of the service of a psychologist in a way
understandable for a client, employer or customer of a
psychologist;
8) if another psychologist takes over the work with a client,
upon request of the client, customer, law-enforcement
institutions or judicial power authorities, to ensure transfer of
a psychological assessment report and cooperation report to the
psychologist who takes over the work with the client;
9) not to disclose the information acquired on a client to
third persons, except for the cases laid down in laws and
regulations;
10) to keep a cooperation report and a psychological
assessment report until the time when the purpose of use of such
documents has been fully achieved, or for 10 years after
preparation of such documents, and to destroy them after the
expiry of such time period or termination of the professional
activity of a psychologist. This obligation shall not be
applicable to a psychologist if he or she is employed as an
employee;
11) to ensure that availability of cooperation reports and
psychological assessment reports are restricted in conformity
with the requirements of laws and regulations governing the field
of personal data protection.
Section 15. Rights of a
Psychologist
In pursuing professional activity, a psychologist shall have
the following rights:
1) to refuse to provide the services of a psychologist if the
provision of such services causes or may cause direct threats to
the life, health or safety of the psychologist;
2) to restrict the access of a client, employer of a
psychologist, customer to the information acquired during the
assessment if it may endanger the life or safety of a client, or
cause significant harm to his or her health;
3) to receive from a customer the information on a client
necessary for pursuing the professional activity of a
psychologist.
Section 16. Confidentiality and
Personal Data Protection
(1) A psychologist is prohibited to disclose the information
which he or she has acquired by fulfilling his or her
professional duties, except for the cases referred to in
Paragraphs three and four of this Section and Section 14, Clause
9 of this Law, or cases when a psychologist has the obligation to
do so in accordance with laws and regulations.
(2) The information which applies to the client of a
psychologist and data confidentially entrusted to him or her
during cooperation may not be requested from the psychologist,
except for the following cases:
1) the information is necessary for law-enforcement
institutions and judicial power institutions in conformity with
the competence laid down in laws and regulations;
2) disclosure of information is necessary in accordance with
laws and regulations in order to ensure protection of the rights
and interests of the child;
3) information is necessary for a lawful representative of the
child of 14 years of age or older in the cases when the child
himself or herself has addressed to a psychologist and has given
a written consent that information on him or her may be disclosed
to his or her lawful representative.
(3) A psychologist may disclose such information to a customer
and his or her employer which he or she has acquired by
fulfilling professional duties only in the amount necessary for
professional purposes and only to those representatives of the
customer or employer who are closely related to the relevant
case. When disclosing such information, a psychologist shall
formulate it within the context of the professional activity. A
psychologist shall inform the customer and his or her employer,
and also, where necessary, other persons with whom he or she has
professional relations of confidentiality restrictions which are
related to the professional activity of a psychologist.
(4) A psychologist has an obligation to immediately, however,
not later than within 24 hours, notify law-enforcement or other
competent institutions of the circumstances which have become
known to him or her through fulfilment of his or her professional
activity if there are justified suspicions that immediate
rectification of the abovementioned circumstances could lead to a
criminal offence against person's life, health, morality or
sexual inviolability.
(5) A psychologist may use data on a client in his or her
professional and scientific activities, publications, and also
when performing publicly, only in such amount which does not
allow to identify the client, except for the cases when the
client has consented to identified use of such information in the
amount coordinated with him or her in writing.
Chapter V
Rights of a Client, Rights and Obligations of a Customer and
Employer of a Psychologist
Section 17. Rights of a Client
(1) A client has the right to receive the information from a
psychologist in a way understandable for him or her on the
objectives of the professional activity of a psychologist,
methods of psychological assessment, process, its results and
conclusions.
(2) A client has the right to refuse, fully or partly, from
the services of a psychologist, except for the cases when it is
prohibited by laws and regulations.
(3) A client has the right to address to the Board for
Certification of Psychologists in writing for it to examine the
submission on the professional activity of a psychologist.
Section 18. Special Rights of a
Minor Client
(1) Consultation of a minor client and provision of a
psychological assessment report and a cooperation report to him
or her is permissible if his or her lawful representative is
informed thereof and consented thereon in writing.
(2) A consent of a lawful representative of a minor client is
not necessary if:
1) the first-time consultation is provided in the case when
such client has attended a psychologist and a psychological
assessment report is not prepared;
2) a consultation is provided to an anonymous client by using
electronic communication;
3) the Orphan's and Custody Court, law enforcement institution
or another competent institution has asked to provide a
consultation or a psychological assessment report or a
cooperation report, informing the lawful representative
thereof;
4) a minor client has reached the age of 14 years and
addresses to a psychologist himself or herself.
Section 19. Rights and Obligations
of a Customer and Employer of a Psychologist
(1) A customer and employer of a psychologist have the right
to receive information in a way understandable for him or her on
the objectives of the professional activity of a psychologist,
methods of psychological assessment, process, its results and
conclusions, except for the cases when provision of such
information is in contradiction with the principle of
confidentiality.
(2) A customer has the right to refuse, fully or partly, from
the services of a psychologist, except for the cases when it is
prohibited by laws and regulations.
(3) A customer (legal person) and employer of a psychologist
have an obligation to keep a cooperation report and a
psychological assessment report until the time when the planned
purpose of use of such documents has been fully achieved, or for
10 years after preparation of the relevant documents, and to
destroy them after the expiry of such time period. If a customer
(legal person) and employer of a psychologist terminate their
activity or are liquidated, they have an obligation to transfer a
cooperation report and psychological assessment reports to a
successor in rights and obligations thereof or, if none, to
destroy them.
(4) A customer and employer of a psychologist shall ensure
that availability of cooperation reports and psychological
assessment reports is restricted in conformity with the
requirements of laws and regulations governing the field of
personal data protection.
Chapter
VI
Suspension and Termination of the Professional Activity of a
Psychologist, Suspension and Cancellation of a Psychologist's
Certificate, Suspension and Cancellation of the Right of a
Psychologist-Supervisor and Renewal of the Professional Activity
of a Psychologist and Psychologist's Certificate
Section 20. Suspension and
Termination of the Professional Activity of a Psychologist,
Suspension and Cancellation of a Psychologist's Certificate
(1) The Board for Certification of Psychologists shall take
the decision to suspend the professional activity of a certified
psychologist and psychologist's certificate, and also to suspend
the professional activity of such psychologist who pursues
professional activity in conformity with the conditions of
Section 3, Paragraph two of this Law:
1) in the case referred to in Section 6, Clause 3 of this
Law;
2) on the basis of a written submission of a psychologist for
the suspension of the psychologist's certificate or suspension of
the professional activity of the psychologist.
(2) The Board for Certification of Psychologists may take the
decision to suspend the professional activity of a certified
psychologist and psychologist's certificate, and also to suspend
the professional activity of such psychologist who pursues
professional activity in conformity with the conditions of
Section 3, Paragraph two of this Law in the following cases:
1) the submission on acts or omissions of a psychologist in
relation to possible violence, threat of violence, criminal
offence directed towards a person's morality or sexual
inviolability has been received;
2) the submission that a psychologist has not ensured
conformity with the requirements of Section 14, Clause 4 of this
Law has been received.
(3) The Board for Certification of Psychologists shall take
the decision to terminate the professional activity of a
certified psychologist and cancel the psychologist's certificate,
and also to terminate the professional activity of such
psychologist who pursues professional activity in conformity with
the conditions of Section 3, Paragraph two of this Law in the
following cases:
1) the psychologist has provided false data on his or her
professional activity to the Board for Certification of
Psychologists, Commission for Certification of Psychologists or
Commission for Ethics of Psychologists, and such data have been
the basis for the decision of the Board for Certification of
Psychologists to register the psychologist with the Register,
issue, suspend the psychologist's certificate, re-certify the
psychologist, renew the professional activity of the psychologist
or renew validity of the psychologist's certificate;
2) the prohibitions laid down in Section 6, Clauses 1, 4, 5,
6, and 7 of this Law apply to the psychologist;
3) a significant violation of the laws and regulations
governing the professional activity of psychologists or the Code
of Ethics of Psychologists has been established;
4) the validity of the psychologist's certificate has been
suspended for more than two years.
(4) The relevant note on the decisions of the Board for
Certification of Psychologists referred to in Paragraphs one, two
and three of this Section is made in the Register of
Psychologists.
Section 21. Suspension and
Cancellation of the Right of a Psychologist-Supervisor
(1) The Board for Certification of Psychologists shall take
the decision on the suspension of the right of a
psychologist-supervisor in the following cases:
1) the Board for Certification of Psychologists has taken the
decision to suspend a psychologist's certificate;
2) on the basis of a submission of a psychologist-supervisor
on the suspension of the right of a psychologist-supervisor.
(2) The Board for Certification of Psychologists shall take
the decision to cancel the right of a psychologist-supervisor in
the following cases:
1) if the Board for Certification of Psychologists has taken
the decision to cancel the psychologist's certificate;
2) significant violation of the laws and regulations governing
the professional activity of psychologists-supervisors or the
Code of Ethics of Psychologists has been established;
3) on the basis of a submission of a psychologist-supervisor
for the cancellation of the right of a
psychologist-supervisor.
(3) The relevant note on the decisions of the Board for
Certification of Psychologists referred to in Paragraphs one and
two of this Section is made in the Register of Psychologists.
(4) After cancellation of the right of a
psychologist-supervisor, a person may not apply for repeated
acquisition of the right of a psychologist-supervisor if the
professional activity of a psychologist thereof has been
terminated and psychologist's certificate has been cancelled on
the basis of Section 20, Paragraph three, Clause 1 of this
Law.
Section 22. Renewal of the
Professional Activity of a Psychologist and Psychologist's
Certificate
(1) Not earlier than one year after the day of termination of
the professional activity of a psychologist and cancellation of
the psychologist's certificate or termination of the professional
activity of such psychologist who pursues the professional
activity of a psychologist in conformity with the conditions of
Section 3, Paragraph two of this Law, a person may apply for
pursuing the professional activity of a psychologist in
conformity with the provisions of Section 3, Paragraph two of
this Law if the professional activity of a psychologist has been
terminated or the psychologist's certificate has been cancelled
on the basis of Section 20, Paragraph three, Clause 1 or 3 of
this Law.
(2) The Board for Certification of Psychologists shall renew
registration of a psychologist with the Register or renew
registration of a psychologist with the Register and
psychologist's certificate for the remaining period on the basis
of the person's submission if the criminal proceedings referred
to in Section 6, Clause 3 of this Law against the psychologist
have been terminated based on the circumstances of exoneration,
or the violations referred to in Section 20, Paragraph two of
this Law have not been established.
Transitional
Provisions
1. A person who until 1 January 2018 has acquired the
education referred to in Section 3, Paragraph one of this Law or
higher education in psychology which complies with full-time
studies of at least five years and has pursued the professional
activity of a psychologist that is confirmed with documentary
evidence for at least three years during the last five years has
the right to pursue independent professional activity of a
psychologist without registration with the Register and without
the psychologist's certificate until 31 December 2019.
2. A person referred to in Paragraph 1 of these Transitional
Provisions may apply with a submission to the Board for
Certification of Psychologists during the time period from the
day of establishment of the Board for Certification of
Psychologists until 31 December 2018 in order to:
a) be registered with the Register and receive a
psychologist's certificate without taking a certification
examination, provided that the professional experience of such
person that has been confirmed with documentary evidence is at
least three years during the last five years;
b) be registered with the Register, receive a psychologist's
certificate without taking a certification examination and obtain
the right of a psychologist-supervisor without taking an
examination, provided that the professional experience of such
person that has been confirmed with documentary evidence is at
least five years during the last seven years.
3. A person who until 1 January 2018 has acquired the
education referred to in Section 3, Paragraph one of this Law or
higher education in psychology which complies with full-time
studies of at least five years and has pursued the professional
activity of a psychologist that is confirmed with documentary
evidence for not less than three years during the last five years
has the right to pursue independent professional activity of a
psychologist without registration with the Register and without
the psychologist's certificate until 31 December 2019, and he or
she may submit a submission to the Board for Certification of
Psychologists from the day of establishment of the Board for
Certification of Psychologists until 31 December 2018 in order to
receive a psychologist's certificate after registration with the
Register and following a passed certification examination.
4. A person who until 1 January 2018 has pursued the
professional activity of a psychologist that is confirmed with
documentary evidence for at least five years during the last
seven years and who has higher education in psychology which does
not conform to the education requirements laid down in Section 3,
Paragraph one of this Law, or his or her diploma of higher
education does not confirm full-time studies of at least five
years in psychology has the right to pursue independent
professional activity of a psychologist without registration with
the Register and without the psychologist's certificate until 31
December 2019, and he or she may submit a submission to the Board
for Certification of Psychologists from the day of establishment
of the Board for Certification of Psychologists until 31 December
2018 in order to receive a psychologist's certificate after
registration with the Register and following a passed
certification examination.
5. A person who until 1 January 2018 has pursued the
professional activity of a psychologist that is confirmed with
documentary evidence for less than five years during the last
seven years and who has higher education in psychology which does
not conform to the education requirements laid down in Section 3,
Paragraph one of this Law, or his or her diploma of higher
education does not confirm full-time studies of at least five
years in psychology has the right to pursue the professional
activity of a psychologist until 31 December 2022 without the
education specified in Section 3, Paragraph one of this Law of
which the last three years are under the supervision of a
psychologist-supervisor if a person has submitted a submission to
the Board for Certification of Psychologists from the day of
establishment of the Board for Certification of Psychologists
until 30 June 2018 in order to be registered with the
Register.
6. The persons referred to in Paragraphs 1, 2, 3, 4, and 5 of
these Transitional Provisions are permitted to exercise the right
referred to in Paragraphs of these Transitional Provisions unless
there are any of the prohibitions referred to in Section 6,
Clauses 3, 4, 5, 6, and 7 of this Law.
7. The requirement laid down in Section 3, Paragraph two of
this Law on entering into a contract with a
psychologist-supervisor on the implementation of the supervision
by a psychologist in order for a person to be able to pursue the
professional activity of a psychologist shall be applied from 1
January 2019.
8. Until 1 February 2018, the Cabinet shall approve the
by-laws of the Board for Certification of Psychologists.
9. Until 1 March 2018, the Minister for Education and Science
shall establish the Board for Certification of Psychologists.
10. Until 1 December 2017, the Cabinet shall issue the
regulations referred to in Section 5, Paragraph two, Section 9,
Paragraph five and Section 10, Paragraph four of this Law.
The Law shall come into force on 1 January 2018.
The Law has been adopted by the Saeima on 30 March
2017.
President R. Vējonis
Rīga, 12 April 2017
1 The Parliament of the Republic of
Latvia
Translation © 2021 Valsts valodas centrs (State
Language Centre)