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if you have news of interest to professionals and academics in the field of counselling, psychotherapy, psychology or psychiatry
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| the Board's purpose is to protect the health and safety of members of the public |
Registration and APC
Registration and Annual Practising Certificates (APCs) are two distinct legal concepts under the HPCAA:- Registration may be granted where a person meets the qualification, competence and fitness to practise requirements as set by the HPCAA; once registered a person is entitled to use the title psychotherapist; and
- An APC gives a psychotherapist the right to practise his or her profession and provides evidence that the person has maintained his or her competence and fitness to practise.
The legal requirements of the HPCAA mean that:
- If a person wishes to use the title psychotherapist, or hold themselves out to be a psychotherapist, they must be registered with the Board;
- If a person wishes to practise psychotherapy as a psychotherapist the person must be both registered with the Board and hold a current Annual Practising Certificate (APC);
- A psychotherapist who does not hold a current APC cannot lawfully practise psychotherapy.
The Right to Practise
| you can't use a different title to avoid registration |
A psychotherapist cannot choose to use a different title in order to practise psychotherapy without a current practising certificate. Registration as a psychotherapist means that the legal requirements of the HPCAA (including obtaining an APC) must be complied with to lawfully practise the profession of psychotherapy.
Clarification from the Board with regard to practitioners holding themselves out
Under the HPCAA, an unregistered person who uses titles or descriptions implying that he or she is a registered practitioner, or who holds him or herself out as practising a profession as a registered health practitioner, is committing an offence punishable by a fine of up to $10,000.The Board considers that a person may be ‘holding themself out to be a psychotherapist’ if, for example:
- they use the title psychotherapist
- they are employed or work in a position with the title psychotherapist
- they are employed or work in a position where they are likely to be perceived by others to be a psychotherapist
- they use (or intend to use), whether in advertising, promotion, or by any other means, names, words, titles, initials, abbreviations, or descriptions that state or imply that he or she is a psychotherapist3.
One of these actions on its own or two or more considered together may be sufficient to constitute the person holding themselves out to be a psychotherapist.
The Board’s purpose is to protect the health and safety of members of the public. It, therefore, considers that a practitioner carrying out one or more of the above is likely to mislead a member of the public into viewing them as a psychotherapist who, under the HPCAA, has been certified as competent and fit to practise by the Board.
Practice is not confined to clinical practice and encompasses all roles that
a psychotherapist may assume such as client care, research, policy making, educating and consulting4.
For the avoidance of any doubt, the Board considers that a psychotherapist must hold a current practising certificate if he or she is:
- providing supervision and/or oversight to psychotherapist/s
- providing education and/or training to psychotherapists.
APC renewal
Practitioners who have not completed the APC renewal process (which includes paying the APC fee) do not hold a current APC and are not entitled to work as a psychotherapist and cannot lawfully practise within the scope of practice that they are registered.Practising the profession without a current practising certificate is a professional conduct matter and, as such, under the HPCAA, the Board may appoint a professional conduct committee (PCC) to investigate.
Letters of Good Standing
A professional association may issue a psychotherapist with a letter of Good Standing; however, a letter of good standing (or any other communication or document from a professional association) does not replace an APC issued by the Board. All psychotherapists must obtain an APC in order to practise the profession of psychotherapy.Communicating with the Board
If a psychotherapist does not respond to communication from the Board, section 144 of the HPCAA allows the Board to remove a practitioner from the Register of psychotherapists. If the Board cannot make contact with a practitioner they can be removed from the Register of Psychotherapists within 6 months and 10 days5.Each psychotherapist is required by section 140 of the HPCAA to ensure that their contact details are kept up to date. This ensures that the Board can maintain contact with psychotherapists.
Registered Psychotherapist holding a non-practising status AND practising according to their scope of practice
The Board has agreed that if a psychotherapist is found to be practising without an APC, that the Board will take the following action. It will:- Advise the psychotherapist that they must have an APC, and offer whatever assistance may be required to assist them to obtain one in a timely manner.
- Advise the psychotherapist that they can request removal from the Register6 of Psychotherapists and cease calling themselves or holding themselves out to be a psychotherapist.
- If a psychotherapist continues to practise without a current APC, the Board may refer the matter to professional conduct committee to investigate the conduct of the practitioner.
Further Information
1. The Board is responsible for registered Psychotherapists; ensuring they are competent and fit to practise. A current APC is evidence that a health practitioner is considered to have met this criterion.2. The Ministry of Health is responsible for, among other things, investigating and prosecuting non-registered persons who may be using a protected title (e.g psychotherapist) or holding themselves out to be practising a profession as a health practitioner of a particular kind under the HPCAA. Any member of the public or profession can advise the Ministry of Health or the Board if they believe this is occurring.
1. Note: throughout this clarification the Board uses the term psychotherapist. It does not use the term ‘registered’ psychotherapist as any person using the title psychotherapist must be registered with the Board.
2. The only exception to the above is those practitioners registered and holding a current APC with another profession under the HCPAA that has psychotherapy services as part of its scope of practice e.g. Psychologists Board. However, in those cases the practitioner must not provide psychotherapy services using the title psychotherapist unless he or she also holds an APC issued by the Board.
3. Advertising, promoting, stating or implying that a practitioner holds one or more of the following creates a picture for a member of the public that that person is a psychotherapist
4. Extract from the Gazetted psychotherapist scopes of practice
5. Refer Section 144 of the HPCAA Revision of register
6. Prior to removing any practitioner from the Register of psychotherapists the Board would need to be assured that they did not have any fitness to practice or competence issues outstanding.
Article posted 4 February 2011
Update from the Auckland Steering Group
of Independently Registered Psychotherapist’s (IRP)
The Independently Registered Psychotherapist’s body initiated at NZAP conference 2010 is gathering
| IRP calls for dual registration systems |
Those Considering Not Paying Your APC
You may be someone who is considering taking this action but are fearful of the consequences. We want to emphasise that we are not inviting you to do anything that we consider is unlawful. If you take this action we simply invite you not to pay the annual practicing certificate fee. In practice, the restriction this will place on you is that you will not be able to call yourself a psychotherapist as, at the moment, the Board contends this title is protected under the HPCA legislation and a current practicing certificate is required to use this term. So if you do decide not to pay, please refrain from publicly advertising yourself as a psychotherapist. You are however a practitioner of psychodynamic therapy (or any other form of therapy you identify yourself with) and a Member of the New Zealand Association of Psychotherapists. You have every right to identify yourself as such. The term "psychotherapist" is temporarily synonymous with state registration and should not to be used by non-payers. We aim eventually to gain our title back, but not immediately and not through provocation. You can however hold yourself out to be a practitioner of psychotherapy. Indeed whilst NZAP Council currently encourages its members to register with the state it has also pledged its support for non-registered as well as registered members and provisional members. Although NZAP does not currently issue an Annual Practicing Certificate (APC), any member can write to our Executive Officer Elaine O’Keefe and request a letter stating that they are a member of the Association in good standing.Should you feel isolated in considering taking such a stance, we suggest you might like to visit a UK website where practitioners of very high standing including Susie Orbach, Andrew Samuels and others are currently encouraging UK psychotherapists to adopt a stance of principled resistance to Government registration and regulation. Their stance is parallel to ours, and is motivated by the same concerns and considerations. You can visit their website on www.allianceforcandp.org.
For those who chose not to pay their APC Fee, acting as a group is the key to this endeavor. We suggest a coordinated stance of not paying the fee and not being drawn into a dialogue with the Board about this. If you adopt this stance we suggest you do not mark any of the three options offered by the Board. You will still be registered; you will simply be in arrears as regards your payment. If normal Board policy and procedure were followed, it would take three years of non-payment before anyone would be de-registered. The Board may decide to act more quickly and forcefully, impose fines or make future re-registration more difficult. However our aim is that any eventual compromise and settlement between the Board and the wider psychotherapy community will include, among other things, amnesty for any non-payer. In the meantime should PBANZ make any attempt at legal action against any individual we will ask that all non-payers should be answerable as well. Litigating against a group of people that includes many respected, senior psychotherapy practitioners is not something the PBANZ Board is likely to undertake lightly. Our group believes we are neither advocating nor doing anything unlawful and will stand strongly by any person who faces any allegation of any wrongdoing.
Those Who are Intending to Pay their APC Fee
We also fully support those who are intending to pay their APC Fee. Indeed some members of the IRP steering committee are and will continue to pay their state APC. We realize that there will be many reasons for this, including reasons of necessity if you are employed by the state or reasons of principle. Some proponents of State psychotherapy registration believe that state registration may lead to a greater contribution by and standing of psychotherapy within public health care and justice systems. We are open to seeing if this will eventuate and are not opposed to state registration per se. Though many of us have genuine doubts about it, we are open to being proved wrong, and in particular are strongly supportive of all colleagues who decide to continue to pay their APC fee to the stateDual Registration and Practitioner Choice – The Ultimate Aim
IRP considers there are many reasons to register with the Government, but we see no need for a one-size-fits-all registration. We are therefore ultimately aiming for dual registration; the option for practitioners to choose either| IRP propose to uphold public safety with practitioner networks, continuing education and self-regulation |
We appreciate you taking the time to consider these ideas.
For those wanting to know more about IRP
Anyone who would like to join IRP, make a donation to IRP, or seek help or support from IRP is most welcome to contact us at our website at www.irp.org.nz, or locate us on the internet via key search words independent and registration, or email us at irpgroup@xtra.co.nz.Posted on 15 September 2010
Nick Smith Releases the Report by the Independent Review Panel
on 2009 Changes to ACC Sensitive Claims
| "ACC Minister Nick Smith is urging ACC to adopt the recommendations of an independent clinical review into the sensitive claims pathway released today". |
Review posted on www.beehive.govt.nz on 9 September 2010
Extra Support for Sexual Abuse Survivors
Extra support is being made available to survivors of sexual abuse, ACC announced today.
From Monday16August, people with a new ACC sensitive claim, or with a new claim already in the system but awaiting a decision, will be able to access up to 16 hours with a counsellor, to ensure their safety and wellbeing. “ACC has listened to concerns expressed by several groups that more support is needed. Those groups included the public, the sexual abuse treatment sector, and the independent panel appointed by the Minister to review the sensitive claims pathway,” said Denise Cosgrove, General Manager Claims Management.
It is envisaged that these support sessions will, in fact, be sufficient to meet the needs of many people, who will therefore not go on to require ACC cover or ACC-funded treatment. However, for others who do demonstrate signs of a possible mental injury arising from sexual abuse (as specified in ACC legislation) the sessions will also be used to gather information to help ACC make a cover decision. While these changes do not alter the process of deciding who qualifies for ACC cover, or how they will subsequently be helped, the changes do ensure everyone has support while their status and needs are assessed.
A number of details are yet to be finalised, such as what support will be available for people who have suffered a relapse, or whose sensitive claims have previously been declined or reactivated. Likewise, what special arrangements might be put in place for children and others with particular needs. ACC will be working with the sexual abuse sector on these questions over the coming weeks. These changes have been discussed with the Minister’s independent panel, who felt they were a step in the right direction.
ACC will be contacting affected clients and the professional bodies involved in this area to ensure they know how to activate these support sessions.
Late last year ACC made changes to the sensitive claims process, to ensure that only those people covered by its legislation receive funding, and to improve results for people who are covered. “We still believe these are reasonable goals but acknowledge that the introduction of the pathway exposed gaps in the services available to people who have suffered sexual abuse,” said Denise Cosgrove. “We will be continuing to develop the sensitive claims process, and will take into account the views of the sector, the final report of the independent panel and the cross-government work being carried out following the recent findings of the Taskforce on Sexual Violence.”
Posted on www.acc.co.nz 11 August 2010
Changes to Sensitive Claims:
Information for Registered Sexual Abuse Counsellors
What is ACC providing?
From Monday16August, ACC will pay for up to 16 hours with an ACC-registered sexual abuse counsellor to ensure the safety and wellbeing of people who lodge a new sensitive claim with ACC. This support will also be available to people who have already lodged a claim and are waiting to find out if ACC will accept their sensitive claim.What are Support Sessions?
The key aims of the sessions are to support the client’s safety and wellbeing in the early stages of their claim and to help the client to progress to an appropriate outcome. It is envisaged that these support sessions will be sufficient to meet the needs of many people, who will therefore not go on to require ACC cover or ACC-funded treatment.Alternatively, for those people who do demonstrate signs of possible mental injury arising from sexual abuse the sessions can be used to gather information to help ACC make a cover decision. We know this is not always immediately evident, so the counsellor and the client can work together to decide when to progress the client’s claim through to the cover determination process. Support Sessions can continue while this cover investigation is occurring. It will be important for the client to be well informed of the process for determining cover and what this means for them.
It is anticipated the counsellor will play an active role in providing practical assistance and education as well as information and assurance on the ACC process and other options for support in the community. Further details of how the sessions can be used, reporting requirements and the role of the counsellor during this period of time are continuing to be developed in consultation with the provider sector and this information will be available by mid September.
What is the process for starting Support Sessions?
Before you can start providing support sessions, the sensitive claim must be lodged with ACC using the ACC45 form. Registered Counsellors can submit this form, as per usual process, on behalf of their clients:| Service item code | Service item description | Amount excl GST |
| PSYS01 | Submitting an ACC45 | 69.70 |
Please indicate on the ACC45 form that the client will be accessing Support Sessions. Make sure to check with clients if a sensitive claim has already been recently lodged by another health professional, for example the client’s GP. ACC will be encouraging GPs who lodge sensitive claims on behalf of their patients to then refer on to an ACC Registered Sexual Abuse Counsellor for Support Sessions. Once the claim has been lodged, Support Sessions can commence.
How do I invoice and get paid for the work I have done?
Because the hours have been pre-approved you won’t have to wait for a purchase order or purchase approval number from ACC to be able to invoice for your services. Once the claim has been lodged, and you have the client’s claim number, you can submit invoices for payment for support sessions up to a maximum of 16 hours:| Service item code | Service item description | Amount GST excl, per hour |
| PSYE03 | Support Sessions | 69.70 |
Does ACC require any special information on my invoice?
Yes. ACC requires you to state on your invoice the following information:The start and end dates of the Support Sessions services provided for which you are invoicing; and
All other usual invoicing information including your ACC provider number, the full ACC client name and claim number. See ‘How to Invoice ACC’ for further general information on invoicing.