2016 -- H 8199

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LC005940

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - PSYCHOLOGISTS

     Introduced By: Representatives Diaz, Slater, McNamara, Blazejewski, and Naughton

     Date Introduced: May 11, 2016

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 5-44-1, 5-44-12 and 5-44-15 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 § 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) "Licensed school psychologist" means a school psychologist who meets the

qualifications set forth in §5-44-9.1.

      (5)(6) "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)(7) "Psychology student", "psychology trainee", "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)(8) "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)(9) "Department" means the Rhode Island department of health.

      (9)(10) "Director" means the director of the Rhode Island department of health.

     5-44-12. Application fee. -- The applicant applying for licensure as a psychologist or a

licensed school psychologist shall pay a fee as set forth in § 23-1-54 to the department.

     5-44-13. Temporary license. -- (a) Pursuant to §§ 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 as set

forth in § 23-1-54 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 § 5-44-10, and successfully

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 "licensed school 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" or "licensed

school psychologist trainee"; and

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      (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.

     5-44-15. Expiration and renewal of licenses -- Continuing education -- Lapsed

license. -- (a) The license of every person licensed under the provisions of this chapter shall

expire on the first day of July of the next even-numbered year following the issuance of his or her

license.

      (b) On or before the first day of May of each even-numbered year, the department shall

mail an application for renewal of license to every person to whom a license has been issued or

renewed during the cycle.

      (c) Every licensed person who desires to renew his or her license shall file with the

department a renewal application, executed, together with a renewal fee as set forth in § 23-1-54,

on or before the first day of June in each even-numbered year. Upon receipt of a renewal

application and payment of the renewal fee, the accuracy of the application shall be verified and

the department may grant a renewal license effective July 1st and expiring the June 30th in each

even-numbered year.

      (d) Every licensed psychologist or licensed school psychologist who desires to continue

licensure as a licensed psychologist or licensed school psychologist shall present satisfactory

evidence to the board and approved by rule or regulation of the board that the licensed

psychologist or licensed school psychologist has completed a prescribed course of continuing

licensed psychological or school psychological education.

      (e) Any person who allows his or her license to lapse, by failing to renew it on or before

June 1st in each even-numbered year, as provided in this section, may be reinstated by the

department on payment of the current renewal fee, plus an additional fee as set forth in § 23-1-54.

Any person using the title "psychologist" or offering services defined as the practice of

psychology under this chapter during the time his or her license has lapsed is subject to the

penalties provided for violation of this chapter.

     SECTION 2. Chapter 5-44 of the General Laws entitled "Psychologists" is hereby

amended by adding thereto the following section:

     5-44-9.1. Qualifications for licensed school psychologist. – An applicant for licensure

shall submit to the board written evidence on forms furnished by the professional regulation unit

of the department of labor and training verified under oath, that said applicant:

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     (1) Is of good moral character;

     (2) Has obtained an advanced graduate degree in school psychology from a regionally

accredited college or university whose school psychology program is accredited by the American

Psychological Association and/or the National Association of School Psychologists (NASP) and

requires at least sixty (60) graduate credits with one thousand two hundred (1,200) hours of

supervised school psychology experience.

     (3) Has two (2) years of two thousand four hundred (2,400) hours of postgraduate

supervised experience as a school psychologist.

     (4) Has passed the Educational Testing Service's School Psychology Examination as

determined by the National School Psychology Certification Board.

     (5) Has obtained credentials as a Nationally Certified School Psychologist by the

National Association of School Psychologists.

     (6) Has satisfied either subsections (1), (2), (3), and (4) or (1) and (5) of this section.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - PSYCHOLOGISTS

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     This act would include licensed school psychologists under the provisions of the general

laws governing the regulations of psychologists.

     This act would take effect upon passage.

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