Unofficial translation
Article 1. Basic concepts
The following basic concepts shall be used in this Law:
1) professional secret – information obtained by a psychologist in the course of psychological activity, not subject to disclosure without the written consent of the recipient of psychological assistance;
2) psychologist – a person who has higher and (or) postgraduate education, and (or) an academic degree in the field of psychology, possesses the relevant qualification and carries out psychological activity;
3) recipient of psychological assistance – an individual, family or group of persons to whom psychological assistance is provided;
4) quality of psychological assistance – a set of characteristics reflecting the timeliness of the provision of psychological assistance, the correctness of the choice of methods of providing psychological assistance, and the degree of achievement of the planned result;
5) psychological activity – a set of legal relations arising when a psychologist carries out professional activity, including psychological assistance in the form of prevention, diagnostics, correction, counselling, support and maintenance of psychological well-being;
6) psychological well-being – the state of an individual in which the stability of the psycho-emotional state and the ability to overcome difficult life situations are ensured;
7) Code of Ethics of Psychologists – a unified set of ethical rules of conduct for psychologists when carrying out psychological activity;
8) supervision of a psychologist – a form of professional support for a psychologist aimed at ensuring the quality of psychological activity and the development of competencies.
Article 2. Legislation of the Republic of Kazakhstan on psychological activity
1. The legislation of the Republic of Kazakhstan on psychological activity is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan, and international treaty obligations of the Republic of Kazakhstan.
2. The procedure for the operation of international treaties in the territory of the Republic of Kazakhstan shall be determined by the laws of the Republic of Kazakhstan.
Article 3. Scope of application of this Law
1. This Law shall apply to public relations arising in the course of carrying out psychological activity in the territory of the Republic of Kazakhstan.
2. This Law shall not apply to:
1) relations in the sphere of provision of specialised medical care, which shall be regulated in accordance with the requirements established by the legislation of the Republic of Kazakhstan in the field of healthcare;
2) the provision of psychological assistance regulated by the Law of the Republic of Kazakhstan “On prevention of infractions”.
3. The provisions of subparagraphs 2) and 3) of paragraph 3 of Article 4, Article 8, paragraphs 2 and 4 of Article 9, subparagraphs 6) and 7) of paragraph 1, subparagraphs 2), 3), 5), 7), 9) and 10) of paragraph 2 of Article 11, subparagraphs 2), 3), 4) and 6) of paragraph 1, paragraph 2 of Article 12, Articles 14, 17 and 19 of this Law shall not apply to relations in the sphere of psychological activity carried out in law-enforcement bodies, special state bodies, civil protection bodies and the Armed Forces of the Republic of Kazakhstan.
Article 4. Main purpose, objectives and principles of this Law
1. The main purpose of this Law is to ensure the legal and organizational foundations for carrying out psychological activity in the Republic of Kazakhstan, as well as to protect the rights and legitimate interests of citizens of the Republic of Kazakhstan when receiving psychological assistance.
2. The main objectives of this Law are:
1) determination of requirements for professional qualification, training, confirmation and advanced training of psychologists;
2) protection of the rights and legitimate interests of citizens of the Republic of Kazakhstan;
3) ensuring the accessibility of psychological assistance;
4) ensuring the provision of quality psychological assistance.
3. The main principles of this Law are:
1) legality;
2) voluntariness of seeking psychological assistance;
3) confidentiality;
4) professional competence;
5) scientific substantiation.
Article 5. State policy in the sphere of psychological activity
State policy in the sphere of psychological activity shall be aimed at:
1) creating conditions ensuring the psychological well-being of citizens of the Republic of Kazakhstan;
2) training qualified psychologists;
3) ensuring equal rights and opportunities for every person in the realisation of his or her right to receive psychological assistance regardless of origin, social, official and property status, sex, race, nationality, language, attitude to religion, convictions, place of residence or any other circumstances;
4) respect for and protection of the honour and dignity of a psychologist;
5) implementation of measures contributing to the prevention, resolution and overcoming of difficult life situations and their consequences in relation to an individual, family or group of persons in need of psychological assistance.
Article 6. Competence of state bodies
1. The authorized body in the field of recognition of professional qualifications shall:
1) develop and approve regulatory legal acts in the field of recognition of professional qualifications of psychologists;
2) ensure interaction of state bodies, state and non-governmental organizations participating in the development and implementation of measures in the sphere of psychological activity;
3) develop and approve the procedure for maintaining the state register of psychologists;
4) develop and approve the Code of Ethics of Psychologists;
5) exercise other powers provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
2. Central state bodies, within their competence, shall:
1) ensure the implementation of state policy in the sphere of psychological activity;
2) exercise other powers provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Article 7. Competence of local executive bodies
Local executive bodies shall:
1) ensure the implementation of state policy in the sphere of psychological activity;
2) exercise, in the interests of local state government, other powers assigned to local executive bodies by the laws of the Republic of Kazakhstan.
Article 8. Informed consent
1. Informed consent is the written consent of the recipient of psychological assistance or his or her legal representative to receive psychological assistance.
If the recipient of psychological assistance is a minor, a person recognised by a court as legally incapable or with limited legal capacity, informed consent to receive psychological assistance shall be provided on their behalf by the legal representative.
2. Any psychological activity in relation to a recipient of psychological assistance shall be permitted only after obtaining the informed consent of the recipient of psychological assistance or his or her legal representative, except for the cases provided for by paragraph 4 of this Article.
3. The form of informed consent shall be approved by the authorized body in the field of recognition of professional qualifications.
4. The informed consent of the recipient of psychological assistance or his or her legal representative shall not be required where there are signs of suicidal behaviour, circumstances indicating that the person is in a crisis situation, as well as information on facts of domestic and everyday violence.
Article 9. Psychological assistance
1. Every person shall have the right to receive psychological assistance in accordance with the legislation of the Republic of Kazakhstan.
2. The recipient of psychological assistance or his or her legal representative must be informed of the purposes and methods of psychological assistance.
3. Psychological assistance shall be provided in in-person, remote and mixed forms.
4. The use of video and (or) audio recording in the activity of a psychologist, as well as the familiarisation of third parties with them, shall be possible only after obtaining the informed consent of the recipient of psychological assistance or his or her legal representative.
5. When carrying out psychological activity, causing harm to the life and health of the recipient of psychological assistance shall not be permitted.
Article 10. Non-medical psychotherapy
1. Non-medical psychotherapy is a special form of psychological assistance provided by a psychologist using scientifically substantiated methods, aimed at overcoming difficult life situations and improving the psycho-emotional state, not including the treatment of mental and behavioural disorders (diseases) requiring medical intervention.
2. Psychologists who have undergone additional training in the field of non-medical psychotherapy shall have the right to carry out non-medical psychotherapy.
3. Psychologists who have completed additional training in the field of non-medical psychotherapy shall undergo a period of practical work under the supervision of a psychologist.
4. Requirements for additional training in the field of non-medical psychotherapy and practical work under the supervision of a psychologist shall be approved by the professional standard of a psychologist in accordance with the legislation of the Republic of Kazakhstan in the field of recognition of professional qualifications.
Article 11. Main rights and obligations of a psychologist
1. A psychologist shall have the right to:
1) conduct psychological diagnostics using methodologies that have undergone approbation and possess proven scientific substantiation and reliability for application in the relevant sphere of psychological activity;
2) carry out psychological counselling;
3) provide methodological assistance and consultative support to psychologists within the framework of their psychological activity;
4) carry out scientific and expert activity in the sphere of psychological activity;
5) protect his or her honour, dignity and business reputation;
6) create public associations of psychologists in accordance with the procedure established by the Law of the Republic of Kazakhstan “On Public Associations”;
7) carry out psychological activity by way of private psychological practice provided that registration in the state register of psychologists has been completed in accordance with subparagraph 1) of paragraph 2 of Article 13 of this Law.
2. A psychologist shall be obliged to:
1) carry out psychological activity in a qualified manner on the basis of observance of the rights and legitimate interests of recipients of psychological assistance;
2) comply with the Code of Ethics of Psychologists;
3) obtain the informed consent of the recipient of psychological assistance or his or her legal representative before commencing work, except for the cases provided for by paragraph 4 of Article 8 of this Law;
4) provide the recipient of psychological assistance with information on his or her qualification, as well as on his or her rights and obligations;
5) inform the recipient of psychological assistance of his or her right to refuse to receive psychological assistance at any stage of its provision;
6) ensure, if required based on the results of psychological diagnostics, appropriate interaction with specialists of other professions for the provision of psychological assistance;
7) conclude a contract for the provision of psychological assistance with the recipient of psychological assistance within the framework of private psychological practice;
8) refuse to carry out psychological activity in the event of a conflict of interest or upon identification of circumstances beyond the scope of his or her professional competence;
9) observe professional secret and ensure the confidentiality of information obtained in the course of carrying out psychological activity;
10) immediately notify the relevant bodies in the event of a threat to the life and health of the recipient of psychological assistance or third parties.
3. A psychologist shall have other rights and obligations established by the laws of the Republic of Kazakhstan.
Article 12. Main rights and obligations of the recipient of psychological assistance
1. The recipient of psychological assistance shall have the right to:
1) receive quality psychological assistance provided that he or she complies with the requirements established by this Law;
2) choose a psychologist, the type of psychological assistance and the form of its provision;
3) receive information on his or her rights and obligations, as well as on the nature of existing psychological problems when receiving psychological assistance;
4) refuse to receive psychological assistance at any stage of its provision;
5) protect his or her rights and legitimate interests;
6) participate as a subject of scientific research, give consent to the collection of data, video and (or) audio recording, as well as to the familiarisation of third parties with them and their presence in the process of provision of psychological assistance, or refuse to provide such consent.
2. The recipient of psychological assistance shall be obliged to:
1) comply with the terms of the contract on the provision of psychological assistance concluded with a psychologist carrying out private psychological practice;
2) provide informed consent, except for the cases provided for by paragraph 4 f Article 8 of this Law.
3. The recipient of psychological assistance shall have other rights and obligations in accordance with the laws of the Republic of Kazakhstan.
Article 13. State register of psychologists
1. The authorized body in the field of recognition of professional qualifications shall maintain the state register of psychologists on the digital platform of the national qualifications system.
2. The following psychologists shall be subject to registration in the state register of psychologists:
1) in the module of psychologists carrying out psychological activity by way of private psychological practice and (or) who are in labour relations with an employer;
2) in the module of psychologists carrying out psychological activity in state organizations and autonomous educational organizations, on the basis of information from digital systems of state bodies.
3. The authorized body in the field of recognition of professional qualifications shall develop and approve the procedure for the inclusion of psychologists in the state register of psychologists and their exclusion from it.
4. Persons who have not undergone registration in the state register of psychologists shall not have the right to:
1) carry out psychological activity and provide psychological assistance established by this Law;
2) call themselves psychologists, as well as use other derivative and related names of the word “psycho-” capable of misleading as to the carrying out of psychological activity;
3) conduct medical diagnostics and prescribe medicinal treatment, use psychoactive substances and (or) psychoactive methods affecting a person’s consciousness, as well as other methods causing harm to human life and health.
5. The following psychologists shall be excluded from the state register of psychologists:
1) those who have committed violations of the requirements of this Law;
2) those recognised by a court as legally incapable or with limited legal capacity;
3) those under dynamic observation in organizations providing medical care in the field of mental health;
4) those who have caused harm to the life and health of the recipient of psychological assistance.
Repeated registration in the state register of psychologists shall be permitted upon the expiry of six months from the date of exclusion from it.
Article 14. Professional standard of psychologists
1. The professional standard of psychologists shall determine uniform requirements for the content and levels of professional training of psychologists, reflect the areas of psychological activity and spheres of application, and also describe the competence necessary for the application of methods of psychological assistance.
2. The professional standard shall serve as the basis for determining qualification requirements for psychologists, assessing the conformity of qualification, competencies and professional training, developing educational programmes for training, advanced training, additional training in the field of non-medical psychotherapy, and confirmation of qualification in the sphere of psychological activity.
3. The professional standard of a psychologist shall be approved in accordance with the legislation of the Republic of Kazakhstan in the field of recognition of professional qualifications.
Article 15. Professional training and advanced training of a psychologist
1. Professional training of a psychologist shall be carried out on the basis of organizations of higher and (or) postgraduate education that have specialised departments in the field of psychology.
2. Advanced training of a psychologist shall be carried out at least once every five years at the expense of his or her own and (or) other funds provided for by the legislation of the Republic of Kazakhstan, in organizations implementing educational programmes of higher and (or) postgraduate education, additional education, scientific organizations, and organizations carrying out advanced training.
Article 16. Scientific activity of a psychologist
1. Individuals shall have the right to voluntarily participate in scientific research in the sphere of psychological activity.
2. The participation of individuals in scientific research shall be permitted subject to the informed consent of such person or his or her legal representative.
Individuals shall have the right to refuse to participate in scientific research at any stage.
3. When carrying out scientific activity, a psychologist shall be obliged to ensure observance of the rights and legitimate interests of participants in scientific research, the confidentiality of the data obtained and the prevention of harm to the life, health and psychological well-being of participants in scientific research.
4. The results of scientific research shall be set out in a form ensuring their accessibility to the scientific community, and must be complete, reliable and exclude the possibility of their ambiguous interpretation.
Article 17. Certification of psychologists
1. Certification of psychologists shall be aimed at confirming the level of professional training and compliance with qualification requirements.
Psychologists who have successfully passed certification shall be issued a certificate confirming their professional qualification.
2. The procedure for passing certification of psychologists shall be determined by the legislation of the Republic of Kazakhstan in the field of recognition of professional qualifications.
Article 18. Restrictions in the sphere of psychological activity
A psychologist shall be prohibited from:
1) conducting medical diagnostics and prescribing medicinal treatment, using psychoactive substances and (or) psychoactive methods affecting consciousness;
2) providing psychological assistance to persons with signs of mental and behavioural disorders (diseases) requiring medical intervention. Upon identification of the relevant symptoms, the psychologist shall be obliged to recommend that the recipient of psychological assistance consult a psychiatrist;
3) guaranteeing the recipient of psychological assistance the achievement of a specific result of the provision of psychological assistance, including for advertising and other purposes.
Article 19. Provision of psychological assistance using online platforms
1. Psychologists carrying out psychological activity through online platforms shall be obliged to post information on registration in the state register of psychologists, as well as on their education and qualification.
2. When placing online advertising, psychologists must comply with the requirements established by the Law of the Republic of Kazakhstan “On online platforms and online advertising”.
3. The placement of false information when carrying out psychological activity through online platforms shall entail liability in accordance with the laws of the Republic of Kazakhstan.
Article 20. Liability for violation of the legislation of the Republic of Kazakhstan on psychological activity
Causing harm to the life and health of the recipient of psychological assistance and other violations of the legislation of the Republic of Kazakhstan on psychological activity shall entail liability in accordance with the laws of the Republic of Kazakhstan.
Article 21. Transitional provisions
Psychologists shall be obliged, within one year from the date of entry into force of this Law, to undergo registration in the state register of psychologists in accordance with the requirements of this Law.
Article 22. Procedure for the enactment of this Law
This Law shall enter into force upon the expiry of sixty calendar days after the day of its first official publication, with the exception of Article 17, which shall enter into force from January 1, 2028.
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President of the Republic of Kazakhstan |
K. TOKAYEV |
