belgiquelex.be - Carrefour Bank of Legislation

4 AVRIL 2014. - Act regulating the professions of mental health care and amending Royal Decree No. 78 of 10 November 1967 on the exercise of health care professions

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution
CHAPTER 2. - Clinical Psychology and Clinical Orthopedagogy
Art. 2. Article 8, § 1^erof Royal Decree No. 78 of 10 November 1967 on the Exercise of Health Care Professions, as amended by the Acts of 6 April 1995, 13 December 2006 and 19 December 2008, the following amendments are made:
(a) in paragraph 1^erthe words "and 21noviesdecies" are replaced by the words ", 21noviesdecies, 21quatervicies and 21quinquiesvicies";
(b) in paragraph 3, the words "and 21noviesdecies" are replaced by the words ", 21noviesdecies, 21quatervicies and 21quinquiesvicies".
Art. 3. In Article 9, § 1^erParagraph 1^erof the same royal decree, amended by the laws of 6 April 1995, 25 January 1999, 13 December 2006 and 24 July 2008, the words "and 21noviesdecies" are each replaced by the words ", 21noviesdecies, 21quatervicies and 21quinquiesvicies".
Art. 4. In Article 11, paragraph 1^er, of the same royal decree, the words "at articles 2, 3 and 4" are replaced by the words "at articles 2, § 1^er3, 4, 21noviesdecies, 21quatervicies and 21quinquiesvicies".
Art. 5. In the same Royal Decree an article 11bis is inserted as follows:
"Art. 11bis. A health care practitioner is responsible for returning his or her patient to another health care provider where the health problem requiring intervention exceeds his or her own area of competence. "
Art. 6. In article 12 of the same Royal Decree, amended by the law of 13 December 2006, the words "and 21noviesdecies" are replaced by the words ", 21noviesdecies, 21quatervicies and 21quinquiesvicies".
Art. 7. Article 13, § 1^erof the same Royal Decree, as amended by the laws of 6 April 1995, 13 December 2006 and 19 December 2008, the following amendments are made:
(a) in paragraph 1^erthe words "or 21noviesdecies" are replaced by the words ", 21noviesdecies, 21quatervicies and 21quinquiesvicies";
(b) in paragraph 2, the words "3 and 21noviesdecies" are replaced by the words "3, 21noviesdecies, 21quatervicies and 21quinquiesvicies".
Art. 8. In Article 15, paragraph 1^erof the same royal decree, as amended by the law of 13 December 2006, the words "and 21noviesdecies" are replaced by the words ", 21noviesdecies, 21quatervicies and 21quinquiesvicies".
Art. 9. In article 17, paragraph 1^erthe same royal decree, as amended by the law of 13 December 2006, the words "or 21noviesdecies" are replaced by the words ", 21noviesdecies, 21quatervicies and 21quinquiesvicies".
Art. 10. In Article 18, § 2, paragraph 1^erfrom the same royal decree, amended by the laws of 6 April 1995 and 13 December 2006, the words "and 21noviesdecies" are replaced by the words ", 21noviesdecies, 21quatervicies and 21quinquiesvicies".
Art. 11. In article 19 of the same Royal Decree, amended by the law of 13 December 2006, the words "and 21noviesdecies" are replaced by the words ", 21noviesdecies, 21quatervicies and 21quinquiesvicies".
Art. 12. In the same royal decree, it is inserted a chapter I^ersexies entitled "The Exercise of Clinical Psychology and Clinical Ortopedagogy".
Art. 13. In chapter Iersexies, inserted by article 12, an article 21quatervicies is inserted, as follows:
"Art. 21quatervicies. § 1^er. No person may exercise clinical psychology if he is not a holder of an approval issued by the Minister who has Public Health in his or her duties.
§ 2. The King shall, after the advice of the Federal Council for Clinical Psychology and Clinical Orthopedagogy, establish the conditions for obtaining, maintaining and withdrawing the accreditation referred to in § 1^erin particular the subjects that must have been assimilated and the courses that must have been followed to obtain accreditation in clinical psychology.
Accreditation in clinical psychology can only be granted to the holder of a university degree in the field of clinical psychology, sanctioning a training that, as part of a full-service education, has at least five years of study or 300 credits in the European credit transfer and accumulation system (ECTS), including an internship in the field of clinical psychology. As a holder of a university degree in clinical psychology, persons with a university degree in the field of psychology issued prior to the entry into force of this article and may justify a professional experience of at least three years in the field of clinical psychology.
§ 3. Through the exercise of clinical psychology, one means the usual performance of autonomous acts that are intended or presented as being intended, in respect of a human being and in a scientifically supported reference framework of clinical psychology, the prevention, examination, screening or establishment of psychodiagnostic psychodiagnostic of psychic or psychosomatic suffering, real or supposed, and the care or support of that person.
§ 4. The King may, after the advice of the Federal Council for Clinical Psychology and Clinical Orthopedagogy, specify and define the acts referred to in § 3 and determine the conditions of their execution. "
Art. 14. In the same chapter Iersexies, inserted by article 12, an article 21quinquiesvicies is inserted, as follows:
"Art. 21quinquiesvicies. § 1^er. No person may exercise clinical orthopedagogy if he is not licensed by the Minister who has Public Health in his or her duties.
Derogation from paragraph 1^er, may exercise clinical orthopedagogy the holder of a degree in clinical psychology that followed a course in clinical orthopedagogy during his training in clinical psychology.
§ 2. The King shall, after the advice of the Federal Council for Clinical Psychology and Clinical Orthopedagogy, establish the conditions for obtaining, maintaining and withdrawing the accreditation referred to in § 1^erParagraph 1^er, in particular the materials that must have been assimilated and the courses that must have been followed to obtain accreditation in clinical orthopedagogy.
Accreditation in clinical orthopedagogy can only be granted to the holder of a university degree in the field of clinical orthopedagogy, sanctioning a training which, as part of a full exercise education, has at least five years of study or 300 ECTS credits, including an internship in the field of clinical orthopedagogy.
§ 3. Through the exercise of clinical orthopedagogy, it is understood that, in a scientific reference framework for clinical orthopedagogy, autonomous acts which aim at the prevention, examination and testing of educational, behavioural, development or learning problems in persons and the care or support of such persons are the usual means of carrying out or carrying out their activities.
§ 4. The King may, after the advice of the Federal Council for Clinical Psychology and Clinical Orthopedagogy, specify and define the acts referred to in § 3 and determine the conditions of their execution. "
Art. 15. In the same chapter Iersexies, inserted by article 12, an article 21sexiesvicies is inserted, as follows:
"Art. 21sexiesvicies. § 1^er. It is established a Federal Council for Clinical Psychology and Clinical Orthopedagogy.
§ 2. The Federal Council of Clinical Psychology and Clinical Orthopedagogy has the mission of 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 exercise of clinical psychology or the exercise of clinical othopedagogy. The Council may also advise the Governments of the communities, at the request of the communities, on any matter relating to their training.
§ 3. The Federal Council for Clinical Psychology and Clinical Orthopedagogy is composed of:
1° eight members, including four French-speaking members and four Dutch-speaking members, holders of the university degree referred to in Article 21quatervicies, § 2, paragraph 2, and having academic functions in this field for at least five years, offered on a double list by the faculty organizing the complete teaching referred to in Article 21quatervicies, § 2, paragraph 2;
2° two members, including a French-speaking member and a Dutch-speaking member, authorized to practise clinical orthopedagogy in accordance with Article 21quinquiesvicies, § 1^er, and having academic functions in this field for at least five years, offered on a double list by the faculty organizing the complete teaching leading to training authorizing the exercise of clinical orthopedagogy, in accordance with Article 21quinquiesvicies, § 2, paragraph 2;
3° eight members, including four French-speaking members and four Dutch-speaking members, holders of the university degree referred to in Article 21quatervicies, § 2, paragraph 2, and effectively practicing clinical psychology, proposed on a double list by representative professional organizations;
4° two members, including a French-speaking member and a Dutch-speaking member, authorized to practise clinical orthopedagogy in accordance with Article 21quinquiesvicies, § 1^er, and effectively practicing clinical orthopedagogy, proposed on a double list by representative professional organizations;
5° two physicians, including a French-speaking and a Dutch-speaking, with the special professional title of a medical specialist in psychiatry as set by the King and designated by their professional organization.
The King may set the criteria for an organization to be designated as representative within the meaning of paragraph 1^er3° and 4°.
§ 4. Members of the Federal Council are appointed by the King for a renewable term of six years. The Federal Council elects, among its members, a President and a Vice-President.
Each effective member of the Federal Council shall be provided with an alternate member meeting the same conditions as the member.
§ 5. The King regulates the organization and operation of the Federal Council.
The Federal Council may deliberate only if at least half of its effective members are present or represented by their alternates.
The decisions of the Federal Council are made by a simple majority of the members present. In the event of an equal vote, the President's voice is preponderant.
§ 6. Except for members referred to in § 3, paragraph 1^er5°, the members of the Federal Council are, as the case may be, approved as clinical psychologist or clinical orthopaedagogue in accordance with Article 21quatervicies, § 1^eror Article 21quinquiesvicies, § 1^erno later than one year after the entry into force of the Royal Decree which sets out the conditions and terms and conditions of the approval."
Art. 16. In the same chapter I^erSexies, inserted by article 12, it is inserted an article 21septiesvicies, written as follows:
"Art. 21s.vicies. § 1^er. It is established an Accreditation Commission for Clinical Psychology and Clinical Orthopedagogy practitioners.
§ 2. The Accreditation Commission for Clinical Psychology and Clinical Orthopedagogy Practitioners is responsible for rendering an opinion, in individual cases, on the granting, control, and maintenance of the accreditation referred to in Article 21quatervicies, § 1^erand the approval referred to in Article 21quinquiesvicies, § 1^er.
§ 3. The King shall determine the procedure for obtaining, maintaining and withdrawing the approval referred to in Article 21quatervicies, § 1^erand the approval referred to in Article 21quinquiesvicies, § 1^er.
§ 4. The King regulates the composition, organization and operation of the Accreditation Commission for practitioners of clinical psychology and clinical orthopedagogy.
The term of membership of the Accreditation Commission is incompatible with that of a member of the Federal Council for Clinical Psychology and Clinical Orthopedagogy. "
Art. 17. In Article 22, 1°, of the same Royal Decree, amended by the Act of 6 April 1995, the words "and 21quater" are replaced by the words ", 21quater, 21quatervicies and 21quinquiesvicies".
Art. 18. In Article 24, § 1^er, of the same royal decree, replaced by the law of 25 January 1999, the words "and 21bis" are replaced by the words ", 21bis, 21quatervicies and 21quinquiesvicies".
Art. 19. In section 35ter of the same royal decree, inserted by the law of 19 December 1990 and amended by the law of 13 December 2006, the words "and 22" are replaced by the words ", 21quatervicies, 21quinquiesvicies and 22".
Art. 20. In section 35duodecies, paragraph 2, of the same Royal Decree, inserted by the law of 2 August 2002, the words "and 22" are replaced by the words ", 21noviesdecies, 21quatervicies, 21quinquiesvicies and 22".
Art. 21. In section 35terdecies, paragraph 1^erof the same Royal Decree, inserted by the Act of 10 December 1997, and amended by the Acts of 2 August 2002 and 13 December 2006, the following amendments are made:
(a) in the 1st, the words "and 22" are replaced by the words ", 21quatervicies, 21quinquiesvicies and 22";
b) in 3°, b), the words "and 22" are replaced by the words ", 21quatervicies, 21quinquiesvicies and 22".
Art. 22. Article 36, § 2, of the same Royal Decree, as amended by the laws of 20 December 1974, 6 April 1995, 13 December 2006 and 19 December 2008, is supplemented by the 7° quater and 7° quinquies, as follows:
"7° quater two clinical psychologists;
7° quinquies two persons authorized to practice clinical orthopedagogy. "
Art. 23. In section 37 of the same Royal Decree, amended by the laws of 20 December 1974, 6 April 1995, 25 January 1999, 13 December 2006, 8 June 2008 and 19 December 2008, the following amendments are made:
(a) in § 1^er, 2°, a), the words ", clinical psychologists, clinical orthopedagogues," are inserted between the words "practices of nursing art" and the words "and practitioners of paramedical professions;";
(b) in § 1^er, 2°, c), 1., the words "infirmary art and paramedical professions" are replaced by the words "infirmary art, paramedical professions, clinical psychology and clinical orthopedagogy";
(c) in § 1^er, 2°, c), 2., the words "infirmary art or paramedical profession" are replaced by the words "infirmary art, paramedical profession, clinical psychology or clinical orthopedagogy";
(d) in § 1^er, 2°, e), paragraph 1^er, the words "or a member of a paramedical profession" are replaced by the words ", clinical psychology, clinical orthopedagogy or by a member of a paramedical profession";
(e) in § 1^er, 2°, e), paragraph 2, the words ", of the Federal Council of Clinical Psychology and Clinical Orthopedagogy" are inserted between the words "of the Federal Council of Nursing Art" and the words "or the National Council of Paramedical Professions";
(f) in § 2, paragraph 1^er, the words "at 7° ter" are replaced by the words "at 7° quinquies".
Art. 24. In article 38 of the same order, amended by the laws of 20 December 1974, 13 December 1976, 22 February 1994, 6 April 1995, 17 March 1997, 26 June 2000, 10 August 2001, 9 July 2004, 1^er May 2006, 13 December 2006 and 24 July 2008, the following amendments are made:
(a) in § 1^er, 1°, paragraph 1^erthe words "or 51" are replaced by the words ", 21quatervicies, 21quinquiesvicies or 51";
(b) in § 1^er, 1°, 4, the words "or 51" are replaced by the words ", 21quatervicies, 21quinquiesvicies or 51";
(c) in § 1^er3°, the words "or 21noviesdecies" are replaced by the words ", 21noviesdecies, 21quatervicies and 21quinquiesvicies";
(d) in § 2, 2°, the words "and 21noviesdecies" are replaced by the words ", 21noviesdecies, 21quatervicies and 21quinquiesvicies".
Art. 25. In the same Royal Decree, an article 40ter is inserted, which reads as follows:
"Art. 40ter. Without prejudice to the application of the penalties provided for in the Penal Code, is punished by a fine of 200 euros to 1,000 euros:
1° the person who, in contravention of Article 21quatervicies, § 3, or Article 21quinquiesvicies, publicly assigns a professional title to which he cannot claim;
2° he who, in contravention of Article 21quatervicies, § 3 or Article 21quinquiesvicies, unfairly attributes a professional title to persons he occupies, even voluntary.
In the case referred to in paragraph 1^er, 2°, employers and principals are civilly responsible for fines imposed on their agents or agents of the offence leader committed in the execution of their contract."
Art. 26. In article 41 of the same Royal Decree, amended by the laws of 20 December 1974 and 22 August 1991, the words "infirmary art or a paramedical profession" are replaced by the words "infirmary art, clinical psychology, clinical orthopedagogy or paramedical profession".
Art. 27. In Article 45, § 1^er, of the same royal decree, amended by the laws of 20 December 1974, 6 August 1993, 6 April 1995 and 19 December 2008, the words ", of the Federal Council of Clinical Psychology and Clinical Orthopedagogy" are inserted between the words of the Federal Council of Nursing Art" and the words "and of the National Council of Paramedical Professions".
Art. 28. In Article 45ter, § 1^er, of the same royal decree, inserted by the law of 25 January 1999 and amended by the law of 13 December 2006, the words "and 22" are replaced by the words ", 21quatervicies, 21quinquiesvicies and 22".
Art. 29. In the same Royal Decree, an article 47bis is inserted, as follows:
"Art. 47bis. The Royal Decrees under Article 21quatervicies and Article 21quinquiesvicies are taken after notice of the Federal Council for Clinical Psychology and Clinical Orthopedagogy, given either as an initiative or at the request of the Minister who has Public Health in his duties.
When the Minister requests the notice, the Clinical Psychology and Clinical Orthopedagogy Council shall give its opinion within four months. After this period, the notice is supposed to have been given."
Art. 30. In section 49, paragraph 1^erof the same royal decree, amended by the laws of 20 December 1974 and 6 April 1995, the words "to article 21quinquies, § 1^er(b) and Article 23, § 1^er"are replaced by the words "in Article 21quinquies, § 1^erArticle 21quatervicies, § 4, Article 21quinquiesvicies, § 4, and Article 23, § 1^er".
Art. 31. In Article 49bis, § 1^er, of the same royal decree, inserted by the law of 22 February 1998 and amended by the law of 13 December 2006, the words "or 21noviesdecies" are replaced by the words ", 21noviesdecies, 21quatervicies or 21quinquiesvicies".
Art. 32. In section 49quater of the same royal decree, inserted by the law of 22 February 1998 and amended by the law of 13 December 2006, the words "and 22" are replaced by the words ", 21quatervicies, 21quinquiesvicies and 22".
Art. 33. In Article 50, § 1^er, paragraph 2, of the same Royal Decree, amended by the laws of 20 December 1974 and 6 April 1995, the words "at articles 5, 6, 21quinquies, § 1^er(b) and 23 § 1^er," are replaced by the words "at articles 5, 6, 21quinquies, § 1^erArticle 21quatervicies, § 4, Article 21quinquiesvicies, § 4, and Article 23, § 1^er".
CHAPTER 3. - Psychotherapy
Section 1^re. - Exercise of psychotherapy
Art. 34. No one may exercise psychotherapy and bear the title of psychotherapist in the post if he or she is not the holder of an authorization granted to that effect.
Derogation from paragraph 1^er, is entitled to exercise psychotherapy without, however, being able to carry the title, the psychotherapist in training meeting the conditions specified in this Act.
Art. 35. § 1^er. In the exercise of psychotherapy, one means the usual performance of autonomous acts that are intended or presented as being intended, with the aim of eliminating or alleviating the difficulties, conflicts or mental disorders of an individual, the performance of psychotherapeutic interventions based on a psychotherapeutic reference framework, in respect of that individual or group of individuals, considered as an entire part of which is considered to be an individual.
§ 2. The King may, after the advice of the Federal Council for Psychotherapy, define the acts referred to in § 1^er and set the conditions for their execution.
§ 3. Are recognized as a psychotherapeutic reference framework in which any psychotherapeutic intervention performed by an authorized psychotherapist must be registered:
1° psychoanalytic and psychodynamic psychotherapy;
2° behavioral and cognitive orientation psychotherapy;
3° systemic and family-oriented psychotherapy;
4° the psychotherapy of humanistic orientation centered on the person and experiential.
§ 4. The King may, after the advice of the Federal Council for Psychotherapy, define other psychotherapeutic orientations and complete the list set out in § 3.
Art. 36. § 1^er. The King shall, after notice of the Federal Council for Psychotherapy, establish the conditions for obtaining, maintaining and withdrawing the authorization for psychotherapy referred to in section 34.
§ 2. Among these conditions, the King fixes, including:
1 the substances that must have been assimilated;
2° the courses to be followed;
3° continuous training;
4° practice.
Art. 37. Rehabilitation to psychotherapy is granted and withdrawn after advice from the Federal Psychotherapy Council.
The King sets out the procedure for granting, maintaining and withdrawing the authorization to psychotherapy referred to in section 34.
Art. 38. § 1^er. Rehabilitation to psychotherapy can only be granted to the practitioner who meets the following cumulative conditions:
1° to be a holder of, at a minimum, an undergraduate degree in higher education in the field of health professions, psychology, education sciences or social sciences, sanctioning a training that [...] has at least three years of study or 180 ECTS credits;
2° be trained in the basic notions of psychology with a university institution or a high school;
3° having followed a specific training in psychotherapy that has at least 70 ECTS credits distributed over four years of training.
§ 2. Basic notions of psychology referred to in § 1^er, 2°, include, in particular, the following:
(a) General psychology;
(b) psychopathology and psychiatry;
(c) psychopharmacology;
(d) psychodiagnostic;
(e) networking with health professionals;
(f) introduction to psychotherapeutic orientations.
These basic concepts are specified by the King after the advice of the Federal Council for Psychotherapy.
§ 3. In order to be able to start a specific training in psychotherapy, the psychotherapist candidate is, beforehand, a minimum of a graduate degree in higher education in the field of health professions, psychology, education sciences or social sciences, as referred to in § 1^er, 1°, and is trained in basic notions of psychology, as referred to in § 1^erTwo.
§ 4. The King, after the advice of the Federal Council for Psychotherapy, sets out the number of hours for specific psychotherapy training with at least 500 hours of theoretical training, and a minimum internship of 1,600 hours of clinical practice supervised in one of the recognized psychotherapeutic orientations.
Art. 39. § 1^er. Training institutions authorized to do so shall be authorized only to grant specific training in psychotherapy referred to in Article 38.
§ 2. The King, after the advice of the Federal Council of Psychotherapy, sets out the conditions for the granting, maintenance and withdrawal of the authorization to grant specific training to psychotherapy.
§ 3. Among these conditions, the King sets out, in particular, the minimum criteria to be met by the specific trainings of psychotherapy:
1° to the subjects taught;
2° to the hourly volume of different teachings;
3° to supervision of clinical practice.
Art. 40. The authorization to issue specific training in psychotherapy is granted after the advice of the Federal Council for Psychotherapy.
The King sets the procedure for granting, maintaining and withdrawing this authorization to grant specific training to psychotherapy.
Section 2. - Federal Council for Psychotherapy
Art. 41. § 1^er. A Federal Council for Psychotherapy is established.
§ 2. In addition to the notices referred to in this Act, the Federal Council for Psychotherapy is mandated to provide advice to the Minister who has the Public Health in his or her powers, at the request of the Minister or initiative, in all matters relating to the exercise of psychotherapy. The Federal Council for Psychotherapy may also give advice to the Governments of the Communities, at their request, on any matter related to the training of psychotherapists.
§ 3. The Federal Council for Psychotherapy is composed of:
1° for each of the reference frames, as referred to in Article 35, § 3, six members, including three French-speaking members and three Dutch-speaking members, entitled to the practice of psychotherapy in accordance with Article 34, paragraph 1^er, and effectively practicing psychotherapy, offered on a double list by representative professional organizations.
2° for each of the reference frames, as referred to in Article 35, § 3, two members, including a French-speaking member and a Dutch-speaking member, entitled to the practice of psychotherapy in accordance with Article 34, paragraph 1^er, effectively practicing psychotherapy within the intended framework, and occupying academic functions in this field for at least five years, proposed on a double list by universities after consultation with the professional organization concerned;
3° two physicians, including a French-speaking and a Dutch-speaking, with the special professional title of a medical specialist in psychiatry as set by the King and designated by their professional association.
The King may, by order deliberately in the Council of Ministers, set the criteria for an association to be designated as representative within the meaning of paragraph 1^er1°.
§ 4. Council members are appointed by the King for a renewable term of six years. The Council elects, among its members, a President and a Vice-President.
Each effective member of the Council shall be provided with an alternate member meeting the same conditions as the member.
§ 5. The King regulates the organization and operation of the Council.
The Council may deliberate only if at least half of its effective members are present or represented by their alternates.
The decisions of the Council shall be taken by a simple majority of the members present. In the event of an equal vote, the President's voice is preponderant.
§ 6. Members of the Council shall be entitled as psychotherapists in accordance with Article 34, paragraph 1^er, no later than one year after the entry into force of the Royal Decree which sets out the conditions and terms and conditions of the authorization.
Section 3. - Rights and duties of the psychotherapist
Art. 42. No one can practice psychotherapy if he has not directed his training title.
Psychotherapists authorized under this Act, who also have a title referred to in articles 2, 3, 21bis, 21quater, 21quatervicies, 21quinquiesvicies and 22 of Royal Decree No. 78 of 10 November 1967 concerning the exercise of health care professions, are subject to the provisions of this Royal Decree concerning the visa.
The King may, by order deliberately in the Council of Ministers, declare one or more provisions of "Royal Decree No.78 of 10 November 1967 relating to the exercise of the professions of health care applicable to psychotherapists authorized under this Act, which otherwise do not have a title referred to in Articles 2, 3, 21 bis, 21quater 21quatervicies, 21quinquiesvicies and 22 of that Order. In the absence of such an application of the "Royal Decree No. 78 of 10 November 1967 concerning the exercise of health care professions, the King sets out the procedure and conditions for granting, maintaining, withdrawing or restricting the visa.
Art. 43. Section 35quaterdecies of Royal Decree No. 78 of 10 November 1967 concerning the exercise of health care professions is applicable to psychotherapists authorized under this Act.
Art. 44. Psychotherapists authorized under this Act, who also have a title relating to one of the health professions referred to in sections 2, 3, 21bis, 21quater, 21quatervicies, 21quinquiesvicies and 22 of Royal Decree No. 78 of 10 November 1967 relating to the exercise of health care professions, may apply the title of psychotherapist in respect of one of the professions.
The psychotherapists authorized under this Act may exercise the psychotherapeutic orientation to which they have been trained as psychotherapists.
Art. 45. Every psychotherapist has a file for each of his patients.
Every psychotherapist takes all precautions to prevent his patient from being deprived of medical treatment.
Every psychotherapist has the responsibility to return his or her patient to another competent care provider when the health problem requiring intervention exceeds his or her own area of competence.
With the consent of the patient or the person legally authorized to consent on his or her behalf, and without prejudice to section 458 of the Criminal Code, the psychotherapist without a doctor's degree informs the general practitioner designated as a reference physician by the patient of the evolution of his or her patient's health.
Art. 46. The King shall, after the advice of the Federal Council for Psychotherapy, establish the ethical rules applicable to psychotherapists authorized under this Act.
These ethical rules include, in a supplementary manner, the relationship between psychotherapists, the relationship between psychotherapists and health professionals, the relationship between psychotherapists and patients and the obligations of psychotherapists to the community.
The King may determine the procedure for monitoring compliance with ethical rules by the qualified psychotherapists and the applicable sanctions regime.
Section 4. - Amendment of the Act of 22 August 2002
Rights of the Patient
Art. 47. In article 2, 3°, of the law of August 22, 2002 on the rights of the patient, the words "as well as the professional practitioner having a non-conventional practice, as referred to in the law of April 29, 1999 on non-conventional practices in the fields of medical art, pharmaceutical art, physiotherapy, nursing art and paramedical professions" are replaced by the words "
Section 5. - Criminal provisions
Art. 48. § 1^er. Without prejudice to the application of the penalties provided for in the Penal Code, is punishable by imprisonment from eight days to three months and a fine of twenty-six to two thousand euros or one of these penalties only:
1° any person who, without the authorization referred to in section 34, carries out one or more activities related to psychotherapy in an ordinary manner;
2° any person who lends in any way his assistance or assistance to a person who is not authorized to do so in order to allow the person to exercise psychotherapy.
§ 2. Without prejudice to the application of the penalties provided for in the Penal Code, is punished by a fine of two hundred euros to one thousand euros:
1° any person who, without being authorized under section 34, paragraph 1^erpublicly attributes itself as a psychotherapist;
2° the person who contravenes section 34, paragraph 1^er, assigns to a person he occupies, the title of psychotherapist to which he cannot claim.
In the case referred to in paragraph 1^er, 2°, the employer or the principal is civilly responsible for the fines imposed on the employee or agent of the offence leader committed in the performance of their contract.
Section 6. - Transitional provisions and acquired rights
Art. 49. The King shall, after the advice of the Federal Council for Psychotherapy, establish the procedure whereby persons justifying a practice of psychotherapy on the date of publication of this Act may submit their previous training and experience with a view to bringing the title of psychotherapist
Within the period of entry into force of this procedure, practitioners who may justify a sufficient practice of psychotherapy and sufficient training in this matter on the date of publication of this Act are authorized to continue the practice of psychotherapy.
CHAPTER 4. - Mental Health Council
Art. 50. § 1^er. A Mental Health Council is established.
§ 2. The Mental Health Council is composed of eight members of the Federal Council for Clinical Psychology and Clinical Orthopedagogy, eight members of the Federal Council for Psychotherapy and the four psychiatrists of the two aforementioned councils.
§ 3. The Mental Health Council's mission is to provide the Minister who has Public Health with advice on cross-cutting issues related to clinical psychology, clinical orthopedagogy and psychotherapy, and the relationship between these disciplines and other health professionals, at the request of the Minister or initiative.
§ 4. The King regulates the organization and operation of this Council.
The Council may deliberate only if at least half of its effective members are present or represented by their alternates.
§ 5. The decisions of the Council shall be taken by a simple majority of the members present. The opinions revert to minority opinions.
CHAPTER 5. - Entry into force
Art. 51. This Act comes into force on 1^er September 2016.
The King may fix an effective date prior to that referred to in paragraph 1^er.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 4 April 2014.
PHILIPPE
By the King:
Minister of Social Affairs and Public Health,
Ms. L. ONKELINX
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
House of Representatives (www.lachambre.be):
Documents: 2013/2014-0 - 53-3243
Full report: 27 March 2014
Senate (www.senate.be):
Documents: 2013-2014 - 5-2470
Annales of the Senate: March 13, 2014