BELGIAN PSYCHOTHERAPY LAW – implementation date: September 1st 2016

Psychotherapy section 1. – Exercise of psychotherapy

Art. 34. Only the bearer of a permission issued should carry the title of psychotherapist and exercise psychotherapy. By way of derogation from the first paragraph, the psychotherapist in training that meets the conditions laid down in this law, however, may exercise psychotherapy without being allowed to carry the title.

Art. 35.

  • 1. Under the exercise of psychotherapy is the usual provision of autonomous acts that aim at or are proposed to aim at eliminating or relieving the difficulties, conflicts or mental disorders; the exercise of psychotherapeutic interventions based on a psychotherapeutic frame of reference, in respect of that individual or of a group of individuals, considered as a full system, of which that individual is a part.
  • 2. The King may, having received the opinion of the Federal Council for psychotherapy, describe the transactions referred to in § 1 and the procedures for the exercise of the same capture.
  • 3. As psychotherapeutic frames of reference, in which all psychotherapeutic acts carried out by an authorized psychotherapist should fit, are recognized:

1 ° the psychoanalytic and psychodynamic-oriented psychotherapy;

2 ° the behavioral and cognitive-oriented psychotherapy;

3 ° the system- and family-oriented psychotherapy:

4 ° the experiential-, person- and humanistic-oriented psychotherapy.

 

  • 4. The King may, having received the opinion of the Federal Council for psychotherapy, describe other psychotherapeutic orientations and add to the complement list laid down in § 3.

 

Art. 36.

  • 1. The King, having received the opinion of the Federal Council for psychotherapy, sets down the conditions for obtaining, maintaining or withdrawing the authorisation to psychotherapy, referred to in article 34.
  • 2. Under these conditions, the King in particular sets down:

1 ° the subject matter that should be processed;

2 ° the internships which one should follo;

3 ° further training;

4 ° the practice.

 

Art. 37. The authorisation to psychotherapy is granted and withdrawn on the advice of the Federal Council for psychotherapy. The King explains the procedure for obtaining, maintaining or withdrawing the authorisation to psychotherapy referred to in article 34.

 

Art. 38.

  • 1. The authorisation to the psychotherapy may be granted only to a practitioner that cumulatively fulfils the following conditions:

 

1 ° at least he/she shall possess a diploma of the first cycle of higher education in the domain of the healthcare professionals, psychology, educational sciences or the social sciences, gained on completion of a training that encompasses […] at least three years of study or 180 ECTS credits;

2 ° being instructed in the basic concepts of psychology at a university or a college;

3 ° having followed a specific training in psychotherapy that counts at least 70 ECTS credits spread over four years of training.

 

  • 2. The basic concepts of psychology, referred to in § 1, 2 °, include, in particular, the following subjects:
  1. a) all-round psychology;
  2. b) psychopathology and psychiatry;
  3. c) psychopharmacology;
  4. d) psychodiagnostics;
  5. e) networking with health professionals;
  6. f) introduction to the psychotherapeutic orientations.

 

These basic concepts are specified by the King on the advice of the Federal Council for psychotherapy.

  • 3. To be able to start a specific psychotherapy training, the candidate-psychotherapist is at least the holder of a diploma of the first cycle of higher education in the field of healthcare professionals, psychology, educational sciences or the social sciences referred to in § 1, 1 °, and educated in the basic concepts of psychology, referred to in § 1, 2 °,.
  • 4. The King determines, having received the opinion of the Federal Council for psychotherapy, the number of hours that relate to specific training in psychotherapy, that include at least 500 hours of theoretical training and an internship of minimum 1,600 hours of supervised clinical practice in one of the recognised psychotherapeutic orientations.

 

Art. 39.

  • 1. Only authorised training bodies are qualifief to provide the specific training to psychotherapy referred to in article 38.
  • 2. The King, having received the opinion of the Federal Council for psychotherapy, sets down the conditions for obtaining, maintaining or withdrawing the authorisation of the specific training to psychotherapy.
  • 3. Under these conditions, the King sets down in particular the minimum criteria the specific training to psychotherapy must meet with regard to:

1 ° the taught subjects;

2 ° the number of hours of the various courses;

3 ° monitoring the clinical practice.

 

Art. 40. Authorisation to the specific training to provide psychotherapy is granted on the advice of the Federal Council for psychotherapy. The King explains the procedure for obtaining, maintaining or withdrawing authorisation to provide the specific training to psychotherapy. Section 2. – Federal Council for psychotherapy

 

Art. 41.

  • 1. A Federal Council for psychotherapy is founded.
  • 2. In addition to the advice referred to in this law, the Federal Council for psychotherapy has the assignment to give advice to the public health Minister, at the latter’s request or on its own initiative, on all matters related to the exercise of psychotherapy. The Federal Council for psychotherapy can give advice to the community governments, on their request, on any matter relating to the training of psychotherapists.
  • 3. The Federal Council for psychotherapy is composed as follows:

 

1 ° for each frame of reference, as referred to in article 35, § 3, six members, including three Dutch-speaking and three French-speaking people who are authorized to exercise psychotherapy in accordance with article 34, paragraph 1, and who actually practice psychotherapy, appointed by the representative professional associations;

2 ° for each frame of reference, as referred to in article 35, § 3, two members, including a Dutch- and a French-speaking person who are authorized to exercise psychotherapy in accordance with article 34, paragraph 1, referred to in the framework, and who have actually exercised psychotherapy for at least five years and hold an academic function in this area, nominated by the universities after consultation with the relevant professional associations.

3 ° two doctors, including a Dutch- and a French-speaking one, holders of the special professional title of specialist doctor in psychiatry as determined by the King, who are designated by their professional association.

The King may set down, by decree deliberated in the Council of Ministers, the criteria so that an association as representative as in the sentence of the first paragraph, 1 °, can be designated.

  • 4. The members of the Council shall be appointed by the King for a renewable period of six years. The Council elects from among its members a Chairman and a Vice-Chairman. To each Member of the Council a substitute shall be added, fulfilling the same conditions.
  • 5. The King regulates the organisation and functioning of the Council. The Council can only validly deliberate and decide when at least half of the active members are present or are represented by their alternate. The decisions of the Council shall be made by a simple majority of the members present. In the event of a tie, the vote of the Chairman shall prevail.
  • 6. The members of the Council are, in accordance with article 34, paragraph 1, an authorized psychotherapist, no later than one year after the implementation of the Royal Decree that determines the conditions and arrangements for authorization.

Section 3. – The psychotherapist’s rights and duties

Art. 42. Nobody can practice psychotherapy unless he has had his training proof stamped. The under this law authorized psychotherapists who dispose of a title such as referred to in articles 2, 3, 21 bis, 21 quarter, 21 quatervicies, 21 quinquiesvicies, and 22 of the Royal Decree nr. 78 of 10 November 1967 on the exercise of the healthcare professionals, are subject to the provisions of that royal decree as far as the visa is concerned. The King may, by Decree deliberated in the Council of Ministers, declare applicable one or more of the provisions of the Royal Decree nr. 78 of 10 November 1967 on the exercise of the healthcare professionals of the under this law authorized psychotherapists, who in addition don’t have a title such as mentioned in articles 2, 3, 21quatervicies, 21quinquiesvicies, 21quater, 21bis and 22. In the absence of such an application of the Royal Decree nr. 78 of 10 November 1967 on the exercise of the healthcare professionals, the King sets down the procedure and the conditions for granting, retaining, revoking, or limiting the visa.

 

Art. 43. Article 35quaterdecies of the Royal Decree nr. 78 of 10 November 1967 on the exercise of the healthcare professionals applies to the under this law authorized psychotherapists.

 

Art. 44. Under this law authorized psychotherapists who have a title mentioned in articles 2, 3, 21quatervicies, 21quinquiesvicies, 21quater, 21bis and 22 of the Royal Decree nr. 78 of 10 November 1967 on the exercise of the healthcare professionals can add the title of psychotherapist to the title they hold concerning a health profession. The under this law authorized psychotherapists can add the psychotherapeutic orientation in which they were trained to their title of psychotherapist.

 

Art. 45. Each psychotherapist keeps a record for each of his patients. Every psychotherapist takes all precautions to avoid that his patient would be devoid of a medical treatment. Every psychotherapist has the responsibility to refer his patient to another competent practitioner of a health care job when the health problem for which an intervention is required, exceeds the limits of the own area of expertise. With the consent of the patient or the person legally authorized to vote in his name and

without prejudice to article 458 of the Penal Code, the psychotherapist who doesn’t hold a doctor’s degree keeps the by the patient elected doctor informed of the evolution of his patient’s health.

 

Art. 46. The King, having received the opinion of the Federal Council for psychotherapy, sets down the professional ethical rules that apply to the under this law authorized psychotherapists. These professional ethical rules regulate, as a supplement to this law, especially the relationships between the psychotherapists, the relationships between psychotherapists and healthcare professionals, the relationships between psychotherapists and patients, and the obligations of the psychotherapists in respect of the community. The King can set down the further rules for supervising the compliance with the professional ethical rules by the authorized psychotherapists and the applicable disciplinary record system.

 

Section 4. – Amendment of the law of 22 August 2002 on patients’ rights

 

Art. 47. In article 2, 3 °, of the law of 22 August 2002 on the rights of the patient, the words “and also the professional practitioner of a non-conventional practice referred to in the law of 29 April 1999 concerning the non-conventional practices relating to medicine, pharmacy, physical therapy, nursing and paramedical professions” shall be replaced by the words” the professional practitioner of a non-conventional practice referred to in the law of 29 April 1999 concerning the non-conventional practices relating to medicine, pharmacy, physical therapy, nursing and paramedical professions and the psychotherapist, as referred to in the law of … until settling of the mental healthcare professionals and until the change of the Royal Decree nr. 78 of 10 November 1967 on the exercise of the health care professions”.

Section 5. -Penal Provisions

 

Art. 48.

  • 1. Without prejudice to the application of the penalties laid down by the Penal Code, shall be punished with a prison sentence of eight days to three months and a fine of twenty-six to two thousand euros or with any of these punishments only:

1 ° any person who, without the usual authorisation referred to in article 34, performs one or more acts that can be categorised as psychotherapy;

2 ° any person who, in one way or another assists or helps an unauthorized person so that the latter could practice psychotherapy.

  • 2. Without prejudice to the penalties laid down by the criminal code, is punished with a fine of two hundred up to one thousand euros:

1 ° any person who, without being authorized in accordance with article 34, paragraph 1, claims publicly to be a psychotherapist

2 ° he who, in violation of article 34, paragraph 1, gives the title of psychotherapist to a person he employs and who has no claim to it. In the first paragraph, 2 ° in the case referred to, the employer or mandator is civil liable for the fines imposed at the expense of his appointed or mandatary for the offence committed on execution of their contract.

 

Section 6. -Transitional provisions and acquired rights

 

Art. 49. the King determines, after advice of the Federal Council for psychotherapy, the procedure by which the persons who on the date on which this law shall be published prove their psychotherapy practice, can make their training and their previous experience count to carry the title of psychotherapist. Until the implementation of this procedure, the practitioners who on the date on which this law shall be published can prove sufficient psychotherapeutic practice and a sufficient training in this area are allowed to keep practicing their psychotherapeutic practice.

 

Chapter 4. -Council for mental health

 

Art. 50.

  • 1. A Council for mental health is established.
  • 2. The Council for mental health is composed of eight members of the Federal Council for clinical psychology and clinical orthopedagogics, eight members of the Federal Council for psychotherapy and four members-psychiatrists from the two aforementioned councils.
  • 3. The Council for mental health has as mission to give advice to the qualified public health Minister, at the latter’s request or on its own initiative, on transversal matters on clinical psychology, clinical child and adolescent studies and clinical psychotherapy and on the relationship between these fields and the other health care professionals.
  • 4. The King regulates the organisation and functioning of that Council. The Council can only validly deliberate and decide when at least half of the active members are present or represented by their alternate.
  • 5. The decisions of the Council are made by a simple majority of the members present. The opinions include the minority opinions.

 

Chapter 5. – Implementation

 

Art. 51. This law will be implemented on September 1st 2016. The King can determine a date of implementation prior to the date referred to in the first paragraph.

 

This act will be announced, with the country’s stamp and will be published in the Belgian law gazette.

 

Brussels, April 4th 2014.