Regulation of the profession of psychologist

In Poland, the profession of psychologist is not fully regulated, which in the face of the growing demand for psychological services requires urgent changes. The new draft law is a necessary legal step in order to organize and adapt the legislation to modern needs.

Attempts to regulate the profession of psychologist have been undertaken in Poland for several years and in June 2024 a draft of a new law on the profession of psychologist and professional self-government of psychologists was published. The project provides, among other things, for the determination of specific requirements for the practice of this profession. In connection with the submitted bill, as a second stage, a public consultation was launched in July 2024.

Why do we need new regulation?

Although the profession of psychologist in Poland is regulated by the Act of June 8, 2001, on the profession of psychologist and the professional self-government of psychologists, it requires amendments and the introduction of significant changes that will affect the provision of an adequate standard of psychological services. Ministry of Family, Labor and Social Policy points out that the current law does not comply with the current European law due to its numerous legal and legislative flaws, which is why a draft of a completely new law has been submitted, instead of amending the old one.

Profession of public trust The profession of psychologist is included in the list of professions of public trust due to several key points. First of all, in this profession we are dealing with the confidentiality of data and the personal nature of the use of psychological services. The psychologist works with the personal experience of clients, which requires a high level of responsibility, adherence to the principles of professional ethics and standards that are the foundation of social trust.

Responsibility for the mental health and general well-being of the client is not limited to the individual level — it also applies to the social level. The psychologist not only conducts therapy, but also gives consultations and issues opinions that may affect the decisions of the court or other institutions.

The list of public trust professions is in accordance with Article 17 of the Constitution of the Republic of Poland, which regulates the issues of professional self-government and the special status of public trust professions.

Introduction of the Act

For a law to enter into force, it must be preceded by key stages, during which decisions legitimizing the provision will be made. The timeline shows how many stages are needed to implement the bill and which of them have already been completed.

Stages concerning the draft law on the profession of psychologist and the professional self-government of psychologists.

Realized:

Lobbying Submissions: Registration of entities interested in influencing the legislative process.
Start of work on the projectStart of the legislative process.
Public consultation: the stage during which the project was submitted to the public and stakeholders.
Opinion by the relevant committees: the stage at which the project has been analysed by the competent authorities.

To be realized:

Committee of the Council of Ministers for Digitalisation: Evaluation of the project in terms of its impact on digitization.
Committee on European Affairs: Analysis of the compliance of the project with European Union law.
Social Committee of the Council of Ministers: Evaluation of the project in terms of its impact on social issues.
Economic Committee of the Council of Ministers: Analysis of the economic aspects of the project.
Standing Committee of the Council of Ministers: Coordination and finalization of work on the project before its presentation to the Council of Ministers.
Committee on Legal Affairs: Verification of the project in legal and legislative terms.
Confirmation of the project by the Standing Committee of the Council of Ministers: Final approval of the draft before submitting it to the Council of Ministers.
Council of Ministers: Adoption of the project by the government.
Notification: Informing relevant institutions, including EU institutions, about the draft law.
Referral of the draft law to the Sejm: Referral of the draft to Parliament for further legislative work.

What does the bill contain?

Proposed by Ministry of Family, Labor and Social Policy the bill takes two sides into consideration; both the interests and rights of psychologists and individuals who use psychological services.

Key points in the bill:

Definition of psychological benefits: is a precise definition of the scope of competence and professional duties of psychologists. Defining activities in the area of e.g. diagnostics or therapy, allows, for example, to avoid legal inaccuracies and to maintain high quality of services.
Requirements for obtaining the right to practice the profession of psychologist: define the rules/conditions that must be met by persons wishing to practice the profession of psychologist. These include, for example, the completion of a relevant master's degree, the completion of a professional internship or the passing of qualification exams.
List of psychologists: It helps to monitor the persons entitled to practice the profession, which improves control and transparency.
Recognition of professional qualifications of people from the EU and foreigners: The introduction of a procedure for the recognition of qualifications brings compliance with current EU rules and also serves professional mobility and legality.
Supervision of the competent minister: The competent Ministry of Labor will exercise control over the established professional self-government of psychologists, which affects the supervision of compliance with the law, the performance of tasks, ethical supervision and the realization of the public interest and the protection of health standards.
Professional self-government of psychologists: divide the local government into two levels; consisting of regional and central authorities, which will allow the implementation of tasks and control at different levels. The task of the local government will be to control work ethics, regulate issues of professional responsibility and support psychologists in professional development.
Care institution: system support for people entering the profession of psychologist.
System of professional responsibility of psychologists: Addressing unethical conduct in the profession, compliance with the law and professional standards, which will be dealt with by the relevant disciplinary committees.

The law and the points contained in it are intended to serve both the psychologist and the persons receiving the benefits - in case of violations, they will be able to appeal to the existing regulations or the Code of Ethics.

Position of the Polish Psychological Society

In connection with the legislative work on the law, the psychological community speaks out, which shows different approaches to the upcoming changes. General Board of the Polish Psychological Society He presented his position on this issue on 14 November this year, on his Facebook page, listing several important principles that should be taken into account during the legislative process. One of the rules is that relating to Precise differentiation of psychotherapy as methods of treating mental disorders from other forms of interaction, which may use similar methods or tools, but are not curative in nature. Psychotherapy is a strictly defined therapeutic activity aimed at improving the mental health of the patient. Activities that do not meet these criteria, such as coaching, counseling or other forms of support, are not considered psychotherapy and are not subject to legal regulations in this area. The PTP also points out that the method of treatment that is psychotherapy should always be preceded by a clinical diagnosis, which determines the type of disorder, and therefore the methods, forms and tools of psychotherapy should be adapted accordingly to the type of disorder diagnosed. Other important points rearranged by the PTP are: the use of methods, the effectiveness of which is scientifically confirmed, the conduct of psychotherapy only by persons educated in the field of psychology and medicine, with specialization in psychiatry, the inclusion of psychotherapy as a special psychological provision in the register of benefits included in the law on the profession of psychologist.

The PTP also put forward a point that may contradict the current bill; he talks about the establishment of a professional self-government for psychotherapists. Wg. PTP self-government should consist only of persons whose education is related to existing professional structures, i.e. the profession of psychologist and doctor. PTP draws attention to the lack of sense in creating a separate profession and local government structures, because Psychotherapy is an activity within psychology and/or psychiatry, it is not a separate profession.

summary

The new law on the profession of psychologist is aimed at streamlining legal regulations, improving the quality of services provided and protecting the interests of both psychologists and those who use their help. The legislative process and the diverse positions of the psychological community indicate that the regulation of this profession is not only necessary, but also expected by professional groups.

Sources

Regulation of the profession of psychologist

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