Psychologists’ regulations suspended for 2 years

It created the impression psychologists were constrained under the scope of practice for the registration category

A COURT order that declared regulations for psychologists as invalid has been suspended for two years to allow for public consultations.

The Justice Alliance of South Africa (Jasa) and Recognition of Life Long Learning in Psychology Action Group (ReLPAG) challenged the validity of the scope of practice.

They felt it created the impression psychologists were constrained to only provide the psychological services which are listed under the scope of practice for the registration category.

This does not apply to psychiatry, which is a separate profession, and no psychologist is competent or entitled to do psychiatric work.

The order was praised by Jasa senior consultant at HealthMan, Johann Serfontein.

He said there is no mention of funding in the court order, so there is no indication that medical schemes have to start making payments again.

But Jasa said the Board of Healthcare Funders agreed to abide by the outcome of the case and consequently its members and the other medical aids, many of whom refused to pay psychologists purportedly working outside the scope of practice, will need to resume making payments.

Trudie Broekmann, on behalf of Jasa, yesterday said the order doesn’t directly affect the medical aids.

However, it removes an argument some of the medical aids appear to have been using to avoid paying for certain psychological services by showing the regulations on which they may have been relying are problematic to the extent they are invalid.

It would be unfair for them to continue to refuse payment.

“What this, practically, means is that the 2011 Scope of Practice Regulations stand until such time as the minister promulgates new regulations after public consultation, which needs to happen within the next two years.

“All psychologists thus need to abide by this 2011 Scope of Practice Regulations. If a practitioner transgresses the scope contained in these regulations, complaints can be laid against them at the HPCSA.

“These complaints will be considered and disciplinary actions will be postponed until the new scope by the minister is promulgated.

“Should the actions fall outside the new scope, the practitioner will then be disciplined accordingly.”

Broekmann responded the issue of whether a competent psychologist can provide services outside their scope has not been determined by the court (the issue has been postponed) and the applicants contend the law allows them to work in any area of practice in which they can demonstrate competence.