2019 -- S 0267 SUBSTITUTE A

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LC001400/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - PSYCHOLOGISTS

     

     Introduced By: Senators Satchell, Metts, Goldin, Goodwin, and Gallo

     Date Introduced: February 13, 2019

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 5-44-1, 5-44-12, 5-44-13 and 5-44-15 of the General Laws in

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Chapter 5-44 entitled "Psychologists" are hereby amended to read as follows:

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     5-44-1. Definitions.

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     As used in this chapter:

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     (1) "Academic psychologist" means a person employed by or associated with a

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recognized college or university or other recognized institution who is engaged in teaching,

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studying, or conducting research in the science of psychology.

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     (2) "Board" means the board of psychology established by § 5-44-3.

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     (3) "Education" means the academic program pursued by a person in obtaining a doctoral

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degree, that program to include formal course work, seminars, and practica.

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     (4) "Licensed psychologist" means a person who has been licensed for the practice of

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psychology under this chapter. "Psychologist" as used in this chapter means a licensed

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psychologist as defined in this section.

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     (5) "Licensed school psychologist" means a school psychologist who meets the

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qualifications set forth in § 5-44-9.1.

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     (5)(6) "Practice of psychology" means the rendering of professional psychological

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services to individuals, groups, families, or any public or private organization for remuneration.

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Professional psychological services means applying established psychological principles,

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methods, or procedures for the purpose of preventing or eliminating symptomatic, maladaptive or

 

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undesired behavior and of enhancing interpersonal relationships, work and life adjustment,

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personal effectiveness, and mental health. The practice of psychology includes, but is not limited

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to:

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     (i) Diagnoses and treatment of emotional, mental or behavioral dysfunction, disorder or

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disability, alcoholism and substance abuse disorders of habit or conduct, as well as of the

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psychological aspects of physical illness, accident, injury, or disability;

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     (ii) Psychological testing and evaluation of intelligence, personality, abilities, interests,

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aptitudes, and neuropsychological functioning;

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     (iii) Psychoeducation evaluation, therapy, remediation and consultation; and

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     (iv) Counseling, psychotherapy, psychoanalysis, hypnotherapy, biofeedback and behavior

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analysis and therapy.

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     (6)(7) "Psychology student", "psychology trainee", "psychology intern", or "psychology

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resident" means a student, intern, or other person studying or preparing for the profession of

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psychologist under the supervision of recognized educational or training institutions or facilities.

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     (7)(8) "Training" means the pre-professional or professional supervised experience

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received by the person at the pre or post-doctoral level, that experience to have been obtained in

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an internship, clinic, or other similar professional setting.

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     (8)(9) "Department" means the Rhode Island department of health.

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

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     5-44-12. Application fee.

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     The applicant applying for licensure as a psychologist or a licensed school psychologist

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

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     5-44-13. Temporary license.

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     (a) Pursuant to §§ 5-44-6 and 5-44-23(e) of this chapter and rules and regulations

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promulgated hereunder, a temporary permit to practice psychology under supervision may be

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granted to a candidate for licensure who has paid the required fee as set forth in § 23-1-54 and has

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satisfied the following requirements:

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     (1) Filed an application for licensure with all required supporting materials;

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     (2) Has received a doctoral degree in accordance with § 5-44-10, and successfully

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completed one thousand five hundred (1,500) hours of supervision satisfactory to the board as

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specified in the rules and regulations;

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     (3) Shall only practice under the appropriate supervision of a licensed psychologist as

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delineated in the rules and regulations promulgated hereunder;

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     (4) Shall refrain from using the title "psychologist" or "licensed school psychologist"

 

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representing himself or herself as a psychologist other than by using the title "psychology

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student", "psychology trainee" or "psychology intern", or "psychology resident" or "licensed

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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

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issuance.

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     (b) Temporary permit holders may request from the board a one year extension. Such an

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extension may be granted at the discretion of the board upon review of the applicant's

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circumstances. This extension shall only be granted once.

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

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license.

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

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

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license.

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

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

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renewed during the cycle.

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

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

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

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

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

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even-numbered year.

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

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

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

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

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licensed psychological or licensed school psychologist education.

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

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

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

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

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

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penalties provided for violation of this chapter.

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     SECTION 2. Section 23-1-54 of the General Laws in Chapter 23-1 entitled "Department

 

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of Health" is hereby amended to read as follows:

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     23-1-54. Fees payable to the department of health.

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     Fees payable to the department shall be as follows:

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PROFESSION RIGL Section Description of Fee FEE

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Barbers/hairdressers 5-10-10(a) Renewal application $25.00

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Barbers/hairdressers 5-10-10(a) Renewal application:

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Manicuring Instructors and manicurists $25.00

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Barbers/hairdressers 5-10-10(b) Minimum late renewal fee $25.00

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Barbers/hairdressers 5-10-10(b) Maximum late renewal fee $100.00

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Barbers/hairdressers 5-10-11[c] Application fee $25.00

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Barbers/hairdressers 5-10-11[c] Application fee: manicuring

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Instructors and manicurists $25.00

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Barbers/hairdressers 5-10-13 Demonstrator's permit $90.00

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Barbers/hairdressers 5-10-15 Shop license: initial $170.00

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Barbers/hairdressers 5-10-15 Shop license: renewal $170.00

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Veterinarians 5-25-10 Application fee $40.00

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Veterinarians 5-25-11 Examination fee $540.00

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Veterinarians 5-25-12(a) Renewal fee $580.00

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Veterinarians 5-25-12[c] Late renewal fee $120.00

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Podiatrists 5-29-7 Application fee $240.00

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Podiatrists 5-29-11 Renewal fee: minimum $240.00

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Podiatrists 5-29-11 Renewal fee: maximum $540.00

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Podiatrists 5-29-13 Limited registration $65.00

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Podiatrists 5-29-14 Limited registration:

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Academic faculty $240.00

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Podiatrists 5-29-14 Application fee:

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Renewal minimum $240.00

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Podiatrists 5-29-14 Application fee:

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Renewal maximum $440.00

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Chiropractors 5-30-6 Examination fee: $210.00

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Chiropractors 5-30-7 Examination exemption fee: $210.00

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Chiropractors 5-30-8(b) Exam Physiotherapy $210.00

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Chiropractors 5-30-8(b) Exam chiro and physiotherapy $210.00

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Chiropractors 5-30-12 Renewal fee $210.00

 

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Dentists/dental hygienists 5-31.1-6(d) Dentist: application fee $965.00

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Dentists/dental hygienists 5-31.1-6(d) Dental hygienist: application fee $65.00

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Dentists/dental hygienists 5-31.1-6(d) Reexamination: dentist $965.00

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Dentists/dental hygienists 5-31.1-6(d) Reexamination: hygienist $65.00

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Dentists/dental hygienists 5-31.1-21(b) Reinstatement fee dentist $90.00

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Dentists/dental hygienists 5-31.1-21(b) Reinstatement fee hygienist $90.00

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Dentists/dental hygienists 5-31.1-21(c) Inactive status: dentist $220.00

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Dentists/dental hygienists 5-31.1-21(c) Inactive status: hygienist $40.00

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Dentists/dental hygienists 5-31.1-22 Limited registration $65.00

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Dentists/dental hygienists 5-31.1-23[c] Limited reg:

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Academic faculty $965.00

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Dentists/dental hygienists 5-31.1-23[c] Limited reg:

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Academic faculty renewal $500.00

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Electrolysis 5-32-3 Application fee $25.00

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Electrolysis 5-32-6(b) Renewal fee $25.00

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Electrolysis 5-32-7 Reciprocal license fee $25.00

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Electrolysis 5-32-17 Teaching license $25.00

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Funeral directors/embalmers 5-33.2-12 Funeral establishment license $120.00

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Funeral services establishments

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Funeral directors/embalmers 5-33.2-15 Renewal: funeral/director $90.00

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funeral services establishments embalmer $30.00

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Funeral directors/embalmers 5-33.2-12 Funeral branch ofc license $90.00

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Funeral directors/embalmers 5-33.2-13.1 Crematories: application fee $120.00

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Funeral services establishments

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Funeral directors/embalmers 5-33.2-15 Renewal: funeral/director $120.00

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Funeral Svcs establishments establishment

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Funeral directors/embalmers 5-33.2-15 Additional branch office

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Funeral services Establishments licenses $120.00

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Funeral directors/embalmers 5-33.2-15 Crematory renewal fee

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Funeral svcs establishments $120.00

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Funeral directors/embalmers 5-33.2-15 Late renewal fee

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Funeral svcs establishments (All license types) $25.00

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Funeral directors/embalmers 5-33.2-16(a) Intern registration fee

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Funeral Services establishments $25.00

 

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Nurses 5-34-12 RN Application fee $135.00

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Nurses 5-34-16 LPN Application fee $45.00

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Nurses 5-34-19 Renewal fee: RN $135.00

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Nurses 5-34-19 Renewal fee: LPN $45.00

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Nurses 5-34-37 RNP application fee $80.00

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Nurses 5-34-37 RNP renewal fee $80.00

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Nurses 5-34-37 RNP prescriptive privileges $65.00

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Nurses 5-34-40.3 Clin nurse spec application $80.00

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Nurses 5-34-40.3 Clin nurse spec renewal $80.00

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Nurses 5-34-40.3 Clin nurse spec Rx privilege $65.00

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Nurse anesthetists 5-34.2-4(a) CRNA application fee $80.00

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Nurse anesthetists 5-34.2-4(b) CRNA renewal fee $80.00

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Optometrists 5-35.1-4 Application fee $280.00

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Optometrists 5-35.1-7 Renewal fee $280.00

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Optometrists 5-35.1-7 Late fee $90.00

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Optometrists 5-35.1-7 Reactivation of license fee $65.00

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Optometrists 5-35.1-19(b) Violations of section $650.00

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Optometrists 5-35.1-20 Violations of chapter $260.00

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Opticians 5-35.2-3 Application fee $30.00

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Physicians 5-37-2 Application fee $1,090.00

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Physicians 5-37-2 Re-examination fee $1,090.00

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Physicians 5-37-10(b) Late renewal fee $170.00

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Physicians 5-37-16 Limited registration fee $65.00

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Physicians 5-37-16.1 Ltd reg: academic faculty $600.00

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Physicians 5-37-16.1 Ltd reg: academic Faculty renewal $170.00

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Acupuncture 5-37.2-10 Application fee $310.00

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Acupuncture 5-37.2-13(4) Acupuncture assistant $310.00

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Licensure fee $170.00

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Social workers 5-39.1-9 Application fee $70.00

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Social workers 5-39.1-9 Renewal fee $70.00

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Physical therapists 5-40-8 Application fee $155.00

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Physical therapists 5-40-8.1 Application: physical therapy

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assistants $50.00

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Physical therapists 5-40-10(a) Renewal fee: Physical therapists $155.00

 

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Physical therapists 5-40-10(a) Renewal fee: Physical therapy

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assistants $50.00

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Physical therapists 5-40-10[c] Late renewals $50.00

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Occupational therapists 5-40.1-12(2) Renewal fee $140.00

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Occupational therapists 5-40.1-12(5) Late renewal fee $50.00

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Occupational therapists 5-40.1-12(b) Reactivation fee $140.00

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Occupational therapists 5-40.1-13 Application fee $140.00

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Psychologists/licensed school

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psychologist 5-44-12 Application fee $230.00

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Psychologists/licensed school

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psychologist 5-44-13 Temporary permit $120.00

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Psychologists/licensed school

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psychologist 5-44-15[c] Renewal fee $230.00

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Psychologists/licensed school

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psychologist 5-44-15(e) Late renewal fee $50.00

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Nursing home administrators 5-45-10 Renewal fee $160.00

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Speech pathologist/audiologists 5-48-1(14) Speech lang support personnel:

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late filing $90.00

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Speech pathologist/audiologists 5-48-9(a) Application fee: Audiologist $65.00

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Speech pathologist/audiologists 5-48-9(a) Application fee:

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speech Pathologist $145.00

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Speech pathologist/audiologists 5-48-9(a) Renewal fee: Audiologist $65.00

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Speech pathologist/audiologists 5-48-9(a) Renewal fee: Speech Pathologist $145.00

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Speech pathologist/audiologists 5-48-9(a) Provisional license: renewal fee $65.00

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Speech pathologist/audiologists 5-48-9(b) Late renewal fee $50.00

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Speech pathologist/audiologists 5-48-9(d)(1) Reinstatement fee: audiologist $65.00

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Speech pathologist/audiologists 5-48-9(d)(1) Reinstatement fee: audiologist $65.00

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speech pathologists $145.00

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personnel: late filing $65.00

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Hearing aid dealers/fitters 5-49-6(a) License endorsement Examination fee $25.00

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Hearing aid dealers/fitters 5-49-8(b) Temporary permit fee $25.00

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Hearing aid dealers/fitters 5-49-8(d) Temporary permit renewal fee $35.00

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Hearing aid dealers/fitters 5-49-11(a)(1) License fee $25.00

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Hearing aid dealers/fitters 5-49-11(b) License renewal fee $25.00

 

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Hearing aid dealers/fitters 5-49-11[c] License renewal late fee $25.00

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Physician assistants 5-54-9(4) Application fee $110.00

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Physician assistants 5-54-11(b) Renewal fee $110.00

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Orthotics/prosthetic practice 5-59.1-5 Application fee $120.00

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Orthotics/prosthetic practice 5-59.1-12 Renewal fee $120.00

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Athletic trainers 5-60-11 Application fee $60.00

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Athletic trainers 5-60-11 Renewal fee $60.00

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Athletic trainers 5-60-11 Late renewal fee $25.00

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Mental health counselors 5-63.2-16 Application fee: marriage

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Marriage and family therapists Family therapist $130.00

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Mental health counselors 5-63.2-16 Application fee: mental

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Marriage and family therapists Health counselors $70.00

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Mental health counselors 5-63.2-16 Reexamination fee:

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Marriage and family therapists Marriage/family therapist $130.00

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Mental health counselors 5-63.2-16 Reexamination fee:

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Marriage and family therapists Mental health counselors $70.00

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Mental health counselors 5-63.2-17(a) Renewal fee: marriage

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Marriage and Family therapists Family therapist $130.00

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Mental health counselors 5-63.2-17(a) Renewal fee:

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Marriage and Family therapist Mental health counselor $50.00

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Mental health counselors 5-63.2-17(b) Late renewal fee

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Marriage and Family therapist Marriage and family therapist $90.00

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Dieticians 5-64-6(b) Application fee $75.00

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Dieticians 5-64-7 Graduate status: Application fee: $75.00

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Dieticians 5-64-8 Renewal fee $75.00

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Dieticians 5-64-8 Reinstatement fee $75.00

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Radiologic technologists 5-68.1-10 Application fee maximum $190.00

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Licensed chemical dependency 5-69-9 Application fee $75.00

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professionals

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Licensed chemical dependency 5-69-9 Renewal fee $75.00

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professionals

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Licensed chemical 5-69-9 Application fee $75.00

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Licensed chemical dependency 5-69-9 Application fee $75.00

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clinical supervisor

 

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Licensed chemical dependency 5-69-9 Renewal fee $75.00

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clinical supervisor

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Deaf interpreters 5-71-8(a)(3) License fee maximum $25.00

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Deaf interpreters 5-71-8(a)(3) License renewal fee $25.00

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Milk producers 21-2-7(g)(1) In-state milk processor $160.00

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Milk producers 21-2-7(g)(2) Out-of-state milk processor $160.00

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Milk producers 21-2-7(g)(3) Milk distributors $160.00

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Frozen desserts 21-9-3(1) In-state wholesale $550.00

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Frozen desserts 21-9-3(2) Out-of-state wholesale $160.00

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Frozen desserts 21-9-3(3) Retail frozen dess processors $160.00

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Meats 21-11-4 Wholesale $160.00

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Meats 21-11-4 Retail $40.00

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Shellfish packing houses 21-14-2 License fee: Shipper/reshipper $320.00

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Shellfish packing houses 21-14-2 License fee: Shucker packer/repacker $390.00

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Non-alcoholic bottled Beverages,

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Drinks & juices 21-23-2 Bottler permit $550.00

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Non-alcoholic bottled beverages,

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drinks and juices 21-23-2 Bottle apple cider fee $60.00

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Farm home food manufacturers 21-27-6.1(4) Registration fee $65.00

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Food businesses 21-27-10(e)(1) Food processors wholesale $300.00

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Food businesses 21-27-10(e)(2) Food processors retail $120.00

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Food businesses 21-27-10(e)(3) Food service establishments

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50 seats or less $160.00

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Food businesses 21-27-10(e)(3) Food service establishments

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more than 50 seats $240.00

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Food businesses 21-27-10(e)(3) Mobile food service units $100.00

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Food businesses 21-27-10(e)(3) Industrial caterer or food vending

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Machine commissary $280.00

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Food businesses 21-27-10(e)(3) Cultural heritage educational Facility $80.00

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Food businesses 21-27-10(e)(4) Vending Machine Location

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3 units or less $50.00

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Food businesses 21-27-10(e)(4) Vending Machine Location

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4-10 units $100.00

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Food businesses 21-27-10(e)(4) Vending Machine Location =

 

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11 units $120.00

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Food businesses 21-27-10(e)(5) Retail Mkt 1-2 cash registers $120.00

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Food businesses 21-27-10(e)(5) Retail Market 3-5 cash registers $240.00

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Food businesses 21-27-10(e)(5) Retail Market = 6 Cash registers $510.00

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Food businesses 21-27-10(e)(6) Retail food peddler $100.00

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Food businesses 21-27-10(e)(7) Food warehouses $190.00

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Food businesses 21-27-11.2 Certified food safety mgr $50.00

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License verification fee 23-1-16.1 All license types $50.00

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Tattoo and body piercing 23-1-39 Annual registration fee: Person $90.00

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Tattoo and body piercing 23-1-39 Annual registration fee: establishment $90.00

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Vital records 23-3-25(a)(1) Certificate of birth, fetal death,

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Death, marriage, birth, or

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Certification that such record

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Cannot be found $20.00

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Vital records 23-3-25(a)(1) Each duplicate of certificate of

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birth, fetal death, death,

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marriage, Birth, or certification

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that such record cannot be found $15.00

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Vital records 23-3-25(a)(2) Each additional calendar year

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Search, if within 3 months of

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original search and if receipt of

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original search presented $2.00

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Vital records 23-3-25(a)(3) Expedited service $7.00

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Vital records 23-3-25(a)(4) Adoptions, legitimations, or

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Paternity determinations $15.00

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Vital records 23-3-25(a)(5) Authorized corrections,

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Alterations, and additions $10.00

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Vital records 23-3-25(a)(6) Filing of delayed record and

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Examination of documentary Proof $20.00

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Vital records 23-3-25(a)(6) Issuance of certified copy of a

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delayed record $20.00

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Medical Examiner 23-4-13 Autopsy reports $40.00

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Medical Examiner 23-4-13 Cremation certificates and statistics $30.00

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Medical Examiner 23-4-13 Testimony in civil suits:

 

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Minimum/day $650.00

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Medical Examiner 23-4-13 Testimony in civil suits:

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Maximum/day $3,250.00

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Emergency medical technicians 23-4.1-10[c] Annual fee: ambulance

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Service maximum $540.00

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Emergency medical technicians 23-4.1-10[c] Annual fee: vehicle license

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maximum $275.00

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Emergency medical technicians 23-4.1-10[c] Triennial fee: EMT license

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maximum $120.00

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Emergency medical technicians 23-4.1-10(c)(2) Exam fee maximum: EMT $120.00

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Emergency medical technicians 23-4.1-10(c)(2) Vehicle inspection maximum $190.00

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Clinical laboratories 23-16.2-4(a) Clinical laboratory license per

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specialty $650.00

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Clinical laboratories 23-16.2-4(a) Laboratory station license $650.00

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Clinical laboratories 23-16.2-4(b) Permit fee $70.00

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Health care facilities 23-17-38 Hospital: base fee annual $16,900.00

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Health care facilities 23-17-38 Hospital: annual per bed fee $120.00

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Health care facilities 23-17-38 ESRD: annual fee $3,900.00

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Health care facilities 23-17-38 Home nursing care/home

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Care providers $650.00

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Health care facilities 23-17-38 OACF: annual fee $650.00

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Assisted living residences/

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administrators 23-17.4-15.2(d) License application fee: $220.00

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Assisted living residences/

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administrators 23-17.4-15.2(d) License renewal fee: $220.00

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Assisted living residences 23-17.4-31 Annual facility fee: base $330.00

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Assisted living residences 23-17.4-31 Annual facility per bed $70.00

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Nursing assistant registration 23-17.9-3 Application: competency

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evaluation training program

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maximum $325.00

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Nursing assistant registration 23-17.9-5 Application fee $35.00

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Nursing assistant registration 23-17.9-5 Exam fee: skills proficiency $170.00

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Nursing assistant registration 23-17.9-6 Registration fee $35.00

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Nursing assistant registration 23-17.9-7 Renewal fee $35.00

 

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Sanitarians 23-19.3-5(a) Registration fee $25.00

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Sanitarians 23-19.3-5(b) Registration renewal $25.00

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Massage therapy 23-20.8-3(e) Massage therapist appl fee $65.00

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Massage therapy 23-20.8-3(e) Massage therapist renewal fee $65.00

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Recreational facilities 23-21-2 Application fee $160.00

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Swimming pools 23-22-6 Application license: first pool $250.00

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Swimming pools 23-22-6 Additional pool fee at same location $75.00

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Swimming pools 23-22-6 Seasonal application license:

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first pool $150.00

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Swimming pools 23-22-6 Seasonal additional pool fee at

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same location $75.00

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Swimming pools 23-22-6 Year-round license for non-profit $25.00

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Swimming pools 23-22-10 Duplicate license $2.00

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Swimming pools 23-22-12 Penalty for violations $50.00

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Respiratory care practitioners 23-39-11 Application fee $60.00

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Respiratory care practitioners 23-39-11 Renewal fee $60.00

17

     SECTION 3. Chapter 5-44 of the General Laws entitled "Psychologists" is hereby

18

amended by adding thereto the following sections:

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     5-44-9.1. Qualifications for licensed school psychologist.

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     An applicant for licensure shall submit to the board written evidence satisfying the

21

criteria of either subsections (1), (2), (3) and (4) of this section or subsections (1) and (5) of this

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section, on forms furnished by the professional regulation unit of the department of labor and

23

training verified under oath, that said applicant:

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     (1) Is of good moral character.

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

26

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

27

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

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

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supervised school psychology experience.

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

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supervised experience as a school psychologist.

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

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determined by the National School Psychology Certification Board.

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

 

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National Association of School Psychologists.

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     5-44-9.2. Scope of practice of a licensed school psychologist.

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     (a) A licensed school psychologist may only engage in the practice of school psychology

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in public schools (K-12), early childhood and pre-K settings, and private and charter schools as

5

an employee or consultant to the local education agency or school. Licensed school psychologists

6

may not practice outside of these settings or independent of an employment or consulting

7

relationship with a local education agency or school.

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     (b) The board of psychology shall further define the practice of school psychology in

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rules and regulations.

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     SECTION 4. 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

2

laws governing the regulations of psychologists, and would limit the authorization of school

3

psychologist to practice school psychology to the school setting.

4

     This act would take effect upon passage.

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