Practicing as a psychologist without being a member: is it possible?

Is it compulsory to be a member of the Official College of Psychologists? We review the legal issues.

We have finished our degree in psychology, what now? Should we consider doing a master's degree, take the PIR or take the competitive examinations in another branch of psychology? Should we practice directly in any field?

We can take any of these options, but before we start practicing we have to take into account that if we intend to practice as such we will be asked to become a member of a professional association. But it is worth asking Is it possible to practice as a psychologist without being registered?

What does it mean to become a member?

The Official College of Psychologists (COP) is an institution in charge of regulating the professional practice of psychology in Spain.

Its tasks are wide-ranging, as it is the institution in charge of looking after the interests of both professionals and their clients, establishing regulations (such as the code of ethics) that entail the recognition of a series of rights and guarantees, helping to advise and train its members and promoting the development of psychology. It also fights against the existence of professional intrusion from other occupational sectors.

The fact of being a member of the association implies being part of a group that brings together the majority of professionals in the sector, so that contact with the professional and the formation of groups and committees dedicated to or specialized in different areas. dedicated or specialized in different areas. Likewise, in order to be a member of a professional association, it is necessary to have formal training in psychology (specifically a degree or bachelor's degree in psychology), which implies a higher level of security for clients with regard to the knowledge and qualification of the subject within the field of psychology.

Although it involves a financial cost (membership involves the payment of a semi-annual fee), membership also has a number of benefits beyond those mentioned above. Some of the most relevant ones include the aforementioned legal counseling The association also offers the possibility of consulting the deontological commission in case of ethical conflicts, the inclusion in a job bank, the obtaining of accreditations, the possibility of being trained in different courses that allow to maintain a continuous training (some trainings are distance learning while other courses have discounts) or the possibility of benefiting from the agreements and relationships of the association with different institutions and companies.

Historical obligation

The need to become a member of a professional association has been an aspect that has been linked to psychology in Spain since its beginnings.

In 1974, Law 2/1974 on Professional Associations was drawn up, which stated that any activity regulated by a professional association required registration in that association. required registration in that college in order to be carried out.. This would include psychology from 1979, when Law 43/1979 on the creation of the Official College of Psychologists was established.

Since then, this provision has been ratified throughout history in various laws, including law 7/1997 in which it was considered an essential requirement for the exercise of the professions to be incorporated into the corresponding college by simply registering in one of them in case of having different territorial colleges in the State, or law 25/2009, which also includes the requirement to register in the Professional Association in its articles 3 and 5, modifying some aspects of that established in 1974.

As we can see, throughout history it has been necessary to be a member of a professional association in order to practice law. However, in recent years there has been controversy as to whether or not it is necessary to be a member of a professional association in order to practice as a psychologist. During 2013, the Preliminary Draft of the Law on Professional Services and Professional Associations was prepared, which delimited and reduced the type of professions requiring membership to practice to the legal, technical and health fields. The latter included various branches linked to medicine and other disciplines, but excluded clinical psychologists.

This meant that the psychologist would not need to be registered with the Official College of Psychologists. However, it was argued that the professional performance of the psychologist requires guarantees regarding the necessary training for it, since it implies an intervention that if given in a negligent manner and without sufficient preparation can put at risk the integrity of their patients or clients. It is for this reason that the Ministry of Economy and Competitiveness has determined in its latest draft bill that the reinclusion of psychology among the professions that do require membership of a professional association.

Membership: is it essential?

In conclusion, at present, for the legal practice of psychology in Spain it is necessary to be a member of the Official College of Psychologists. This is obligatory for those who work in both public and private clinical practice.. Failure to do so is an act punishable by law, being considered an administrative offense punishable by law.

On the other hand, those professionals who are not linked to clinical-healthcare practice are not legally obliged to join a professional association unless their activity is aimed directly at the public, due to the consideration that the constitution establishes the imperative of freedom of association. Nevertheless, it is advisable, since even though it is not a legal imperative it is required in many jobs and can offer attractive benefits to its members.