Chapter 076
2011 -- H 5800
Enacted 06/20/11
A N A C T
RELATING TO BUSINESSES AND PROFESSIONS -- PSYCHOLOGISTS
Introduced By: Representative Joseph M. McNamara
Date Introduced: March 03, 2011
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 5-44-1, 5-44-13, 5-44-19 and 5-44-23 of
the General Laws in
Chapter 5-44 entitled
"Psychologists" are hereby amended to read as follows:
5-44-1.
Definitions. -- As used in this chapter:
(1) "Academic
psychologist" means a person employed by or associated with a
recognized college or university or other recognized institution
who is engaged in teaching,
studying, or conducting research in the science of psychology.
(2) "Board"
means the board of psychology established by section 5-44-3.
(3)
"Education" means the academic program pursued by a person in
obtaining a
doctoral degree, that program to include formal course work,
seminars, and practica.
(4) "Licensed
psychologist" means a person who has been licensed for the practice of
psychology under this chapter. "Psychologist" as used
in this chapter means a licensed
psychologist as defined in this section.
(5) "Practice of
psychology" means the rendering of professional psychological services
to individuals, groups, families, or any public or
private organization for remuneration.
Professional psychological services means applying
established psychological principles,
methods, or procedures for the purpose of preventing or
eliminating symptomatic, maladaptive or
undesired behavior and of enhancing interpersonal
relationships, work and life adjustment,
personal effectiveness, and mental health. The practice of
psychology includes, but is not limited
to:
(i)
Diagnoses and treatment of emotional, mental or behavioral dysfunction,
disorder or
disability, alcoholism and substance abuse disorders of habit or
conduct, as well as of the
psychological aspects of physical illness, accident, injury, or
disability;
(ii) Psychological
testing and evaluation of intelligence, personality, abilities, interests,
aptitudes, and neuropsychological functioning;
(iii) Psychoeducation evaluation, therapy, remediation and
consultation; and
(iv)
Counseling, psychotherapy, psychoanalysis, hypnotherapy, biofeedback and
behavior analysis and therapy.
(6) "Psychology
student", "psychology trainee", or
"psychology intern", or “psychology
resident” means a
student, intern, or other person studying or preparing for the profession of
psychologist under the supervision of recognized educational or training
institutions or facilities.
(7)
"Training" means the pre-professional or professional supervised
experience received
by the person at the pre or post-doctoral level, that
experience to have been obtained in an
internship, clinic, or other similar professional setting.
(8)
"Department" means the
(9)
"Director" means the director of the
5-44-13.
Temporary license. -- (a) Pursuant to sections
5-44-6 and 5-44-23(e) of this
chapter and rules and regulations promulgated hereunder, a
temporary permit to practice
psychology under supervision may be granted to a candidate for
licensure who has paid the
required fee of ninety dollars ($90.00) and has satisfied the
following requirements:
(1) Filed an
application for licensure with all required supporting materials;
(2) Has received a
doctoral degree in accordance with section 5-44-10, and successfully
completed a national examination approved by the board completed one thousand five hundred
(1,500) hours of supervision satisfactory to the board
as specified in the rules and regulations;
(3) Shall only practice
under the appropriate supervision of a licensed psychologist as
delineated in the rules and regulations promulgated hereunder;
(4) Shall refrain from
using the title "psychologist" or representing himself or herself as
a psychologist other than by using the title
"psychology student", "psychology trainee", or
"psychology intern",
or “psychology resident” ; and
(5) The temporary
permit shall be valid for a period of two (2) years from the date of
issuance.
(b) Temporary permit
holders may request from the board a one year extension. Such an
extension may be granted at the discretion of the board upon
review of the applicant's
circumstances. This extension shall only be granted once.
5-44-19.
Procedure for discipline. -- (a) When a sworn complaint is filed with the board
charging a person with being guilty of any of the actions specified
in section 5-44-18, the
department shall immediately investigates those charges, or, the
board, after investigation, may
institute charges.
(b) (1) If the
investigation reveals reasonable grounds for believing that the applicant or
psychologist is guilty of the charges, the board shall fix a time
and place for a hearing, and shall
serve a copy of the charges, together with a notice of the
time and the place fixed for the hearing,
personally upon the accused at least twenty (20) days prior to
the time fixed for the hearing.
(2) The board may
investigate and render a decision on any disciplinary complaint
against anyone practicing psychology (regardless of whether
he or she was licensed at the time of
the alleged complaint) or that their license has
subsequently been surrendered, revoked or not
renewed.
(3) The board at its
discretion may dismiss or suspend a complaint without a finding as
delineated in the rules and regulations so that a person who is
the subject of the complaint may
participate in colleague assistance program acceptable to the board.
The board may suspend a
complaint contingent upon the person complying with directions
issued by the board. The board
may reinstate any suspended complaint at anytime it deems
that the person is not in compliance
with the directions of the board.
(2)(4)
When personal service cannot be effected and that fact
is certified by oath by any
person authorized to make service, the board shall publish
once in each of two (2) successive
weeks, a notice of the hearing in a newspaper published in
the county where the accused last
resided according to the records of the board and shall mail
a copy of the charges and of the
notice to the accused at his or her last known address.
(3)(5)
When publication of notice is necessary, the date of the hearing shall not be
less
than twenty (20) days after the last date of publication
of the notice.
(c) (1) At the hearing, the accused has the right to appear
personally or by counsel or
both, to produce witnesses and evidence on his or her
behalf, to cross-examine witnesses, and to
have subpoenas issued by the administrator of professional
regulation.
(2) The attendance of
witnesses and the production of books, documents, and papers at
the hearing may be compelled by subpoenas issued by the
department, which shall be served in
accordance with law.
(3) The department
shall administer oaths as necessary for the proper conduct of the
hearing.
(4) The board is not
bound by the strict rules of procedure or by the laws of evidence in
the conduct of its proceedings, but the determination
shall be based upon sufficient legal evidence
to sustain it.
(d) If the accused is
found guilty of the charges, the board may refuse to issue a
registration to the applicant, or may revoke or suspend his or her
license, or discipline that person.
(e) Upon the revocation
or suspension of any license, the license holder shall surrender
the license to the department who shall indicate same in
the licensure verification database.
(f) A revocation or
suspension of license may be reviewed at the discretion of the board,
or at the initiative of the department who may order a
rehearing of the issue if he or she finds
cause.
5-44-23. Persons
and practices exempt. -- (a) No provisions of this chapter shall be
construed to prevent members of other recognized professions
that are licensed, certified, or
regulated for independent practice of that profession under the
laws of this state from rendering
services consistent with their professional training and code
of ethics; provided, that they do not
represent themselves to be psychologists. Recognized members of
the clergy shall not be
restricted from functioning in their ministerial capacity; provided,
that they do not represent
themselves to be psychologists.
(b) Nothing in this
chapter shall be construed to prohibit teachers, guidance personnel,
social workers, and school psychologists in public or
private school, from full performance of
their duties; nor to prohibit the use of psychological
techniques by business or industrial
organizations or companies for employment, placement, evaluation,
promotion, or job adjustment
of their own officers or employees.
(c) Nothing in this
section shall be construed as prohibiting the use of consultants who
are defined as qualified mental retardation professionals
under the Code of Federal Regulations
(CFR) 42, section 483.430, by facilities licensed as
intermediate care facilities for people who are
mentally retarded by the department of mental health,
retardation and hospitals.
(d) Nothing in this
chapter shall be construed as permitting the licensed psychologist to
practice medicine as defined by the laws of this state.
(e) Nothing in this
section shall be construed as permitting those persons identified in
subsections (b) and (f) of this section to offer their services
to any persons or organizations other
than those listed in subsection (f) of this section as
consultants or to accept remuneration for any
psychological services other than that of their institutional
salaries or fees unless they have been
licensed under this chapter or exempted under subsection (a)
of this section.
(f) Nothing in this
chapter limits the professional pursuits of any non-licensed
psychologists, psychology students, psychology trainees, psychology
residents, or persons
rendering psychological services as an employee of a licensed
hospital, accredited educational
institution, authorized community mental health clinic or center,
government or medical agency,
while functioning under the title conferred upon him or her
by the administration of any hospital,
educational institution or agency.
(g) Those organizations
listed in subsection (f) of this section include all facilities,
agencies, or institutions regulated and/or licensed by the
department of health, the department of
elementary and secondary education, the department of children,
youth and families and the
department of mental health, retardation and hospitals.
(h) A psychologist
licensed or certified in another state, or
perform psychological services in the state of
ten (10) calendar days per calendar year with no more
than five (5) days of this activity occurring
consecutively. The calendar day limit shall not apply to service as
an expert witness in a legal
proceeding.
SECTION 2. This act shall take effect upon passage.
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LC01876
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