Chapter 416
2008 -- S 2676
SUBSTITUTE A AS AMENDED
Enacted 07/08/08
A N A C T
RELATING
TO BUSINESSES AND PROFESSIONS -- PSYCHOLOGISTS
Introduced
By: Senators Gallo, and P Fogarty
Date
Introduced: February 26, 2008
It is enacted by the General Assembly as
follows:
SECTION 1.
Sections 5-44-1, 5-44-3, 5-44-4, 5-44-5, 5-44-6, 5-44-8, 5-44-9, 5-44-11, 5-
44-12, 5-44-13, 5-44-15, 5-44-16, 5-44-18,
5-44-19, 5-44-20, 5-44-21, 5-44-22, 5-44-23, 5-44-24
and 5-44-26 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 refers to 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" or, "psychology trainee"
or "psychology intern" 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 Rhode Island department of health.
(9)
"Director" means the director of the Rhode Island department of
health.
5-44-3.
Board of psychology -- Creation -- Composition. -- Within the division
department of professional regulation in the
department of health, there shall be a board of
psychology consisting of five (5) members as
provided by section 5-44-4.
5-44-4.
Board of psychology -- Appointment, terms, oath, and removal of members.
-- (a) The director of the department of health
shall, with the approval of the governor, appoint
five (5) electors as members of the board. One
member of the board shall be representative of the
public, and four (4) shall be psychologists.
pursuant to this chapter At least one member of the
board shall be an academic psychologist and at
least one shall be a licensed psychologist and each
of them shall have been engaged in their
profession for at least five (5) years. All psychologist
appointees to the board shall have the
qualifications prescribed in section 5-44-9(1), (2), and (3).
At least one member of the board shall be an
academic psychologist.
(b) In the
month of June, 1970, and annually thereafter, the director of the department of
health The director shall, with the approval of
the governor, appoint persons to serve on the board
for a term of three (3) years and each member
shall serve until his or her successor has been
appointed and qualified.
(c) The director of
the department of health may remove any member from the board for
neglect of any duty required by law, or for
incompetence, or unprofessional or dishonorable
conduct. Vacancies shall be filled in the same
manner as the original appointment was made, for
the remainder of the term. Before beginning
his or her term, each member of the board shall take
and subscribe the oath prescribed by law for
state officers, which oath shall be filed with the
secretary of state.
5-44-5.
Board of psychology -- Organization and meetings. -- (a) The board
shall
organize immediately after the appointment and
qualification of its members.
(b) The board
shall annually elect a chairperson and secretary. Meetings may be called
by the chairperson or the director of the
department of health or by written request of three (3)
members of the board. Three (3) members of
the board A majority of seats filled shall constitute a
quorum. The board shall meet as often as
necessary.
5-44-6.
Board of psychology -- General powers. -- The board of psychology
shall:
(1) Be authorized
to recommend to the director of the department of health for his or her
approval the adoption and revision of rules and
regulations not inconsistent with law as necessary
to enable it to carry into effect the provisions
of this chapter.
(2) Recommend
for licensure at least twice a year.
(3)(2)
Determine the tests which applicants for licensure take. The division of
professional regulation department shall
adopt policies to be followed in the examinations,
licensure, and renewal of licenses of qualified
applicants.
(4)(3)
Conduct hearings upon charges calling for the discipline of a license or
revocation. The administrator of professional
regulation department has the power to issue
subpoenas and compel the attendance of witnesses
and administer oaths to persons giving
testimony at hearings.
(5)(4)
The board, or the director of the department of health, shall prosecute
all persons
violating this chapter and has the power to
incur the necessary expenses of prosecution. The
board shall keep a record of all its
proceedings.
5-44-8.
Register of psychologists -- Licensing records -- Issuance of licenses. --
The
administrator of professional regulation department shall
maintain a register of all psychologists
licensed under this chapter which shall be open
at all reasonable times to public inspection. The
administrator department shall be the custodian
of all records pertaining to the licensing of
psychologists. He or she shall issue licenses
only upon the recommendation of the board.
5-44-9.
Qualifications of psychologists. -- An applicant for licensure shall
submit to the
board written evidence acceptable to the division
of professional regulation department, verified
under oath, that the applicant:
(1) Is of good
moral character;
(2) Has received
a doctorate degree in psychology from a college or university whose
program of study for that degree at that time meets
or exceeds the stated requirements for
approval by the American Psychological
Association, or its equivalent in terms of excellence of
education and training, or a doctorate degree in
an allied field whose education and training
requirements are substantially similar to
current American Psychological Association standards of
accreditation for the granting of a doctorate in
psychology;
(3) Has had at
least two (2) years of experience in this or any other state in the
application of principles, methods, and
procedures of the science of psychology under the
supervision of a psychologist, at least one year
of which shall be post-doctoral Has had the
requisite supervised experience as deemed
acceptable to the board as delineated in the rules and
regulations;
(4) Has passed an
examination conducted by the board to determine his or her
qualification for licensure as a psychologist,
or is applying under the provisions of section 5-44-
11;
(5) Has not, within
the preceding seven (7) months, failed in an examination given by the
board.
5-44-11.
Licensure without examination. -- (a) A licensure as a
psychologist may be
issued without examination to:
(1) An applicant
who has been licensed or certified as a psychologist under the laws of
another state, United States territory,
or foreign country where the board determines that the
requirements are substantially equivalent to
those of this state; or
(2) A person who
has been certified after examination by the American Board of
Examiners in Professional Psychology, if the
board determines that the examination is
substantially equivalent to, or exceeds, the
requirements of the examination offered approved by
the board,. and if the applicant
meets the qualifications required by this chapter.
(b) A
psychologist licensed or certified under the laws of another jurisdiction may
be
authorized by the board to practice psychology
for a maximum of one year; provided, that the
psychologist has applied to the board of
licensure and has met the educational and experience
requirements for licensure in this state. Denial
of licensure terminates this authorization.
5-44-12.
Application fee. -- The applicant applying for certification licensure
as a
psychologist shall pay a fee of two hundred and
fifty dollars ($250) to the department. of health.
5-44-13. Temporary
permit. -- Temporary license. -- (a) Pursuant
to sections 5-44-6
and 5-44-23(e) of this chapter and rules and
regulations R-5-44-PSY of the department of health
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) Met all
the requirements for admission to examination, except the requisite number
of hours of post-doctoral supervised experience,
in a setting and manner satisfactory to the board;
Has received a doctoral degree in accordance
with section 5-44-10, and successfully completed a
national examination approved by the board;
(3) Requested,
in writing, the issuance of this temporary permit for the purpose of
meeting the supervision requirement; Shall only practice
under the appropriate supervision of a
licensed psychologist as delineated in the rules
and regulations promulgated hereunder;
(4) Refrained
Shall refrain from using the title "psychologist" or
representing himself or
herself as a psychologist other than by using
the title "psychology student", or "psychology
trainee" or "psychology
intern"; and
(5) Completed
the requisite number of hours of post-doctoral experience within three (3)
years of the date of the temporary permit. The temporary permit
shall be valid for a period of two
(2) years from the date of issuance.
(b) The
temporary permit shall expire upon notice of passing or failing the examination
for licensure. If the candidate fails the
examination, the permit may be extended under further
requirements established by the board. 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 next
following the date of his or her license of the next even-
numbered year following the issuance of his or
her license.
(b) On or before
the first day of May in of each even-numbered year, the administrator
department shall mail an application for renewal of
license to every person to whom a license has
been issued or renewed during the current
year cycle.
(c) Every licensed
person who desires to renew his or her license shall file with the
division department a renewal application,
executed, together with a renewal fee of three hundred
and forty dollars ($340) one hundred and
seventy dollars ($170), 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 administrator of professional
regulation department may shall grant
a renewal license effective July 1st and expiring the
following June 30th in each even-numbered year.
(d) Every
licensed psychologist who desires to continue licensure as a licensed
psychologist shall present satisfactory evidence
to the board and approved by rule or regulation of
the board that the licensed psychologist has
completed a prescribed course of continuing licensed
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
administrator of professional regulation department on
payment of the current renewal fee, plus
an additional fee of forty dollars ($40.00). 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.
5-44-16.
Transfers to inactive list -- Reinstatement. -- (a) A psychologist who
does not
intend to continue his or her licensure, upon
written request to the administrator of professional
regulation department may have his or her
name transferred to an inactive list, and shall not be
required to pay the renewal fee as long as he or
she remains inactive.
(b) Should he
or she a psychologist wish to resume functioning as a consulting
psychologist, he or she must notify the administrator
of professional regulation department and
remit his or her renewal fee and his or her
license shall be reinstated. attestation of completion of
the continuing education requirements in
accordance with the rules and regulations promulgated
hereunder within the immediate two (2) years prior
to the applicant's request for licensure
reinstatement.
5-44-18.
Grounds for discipline. -- The board has the power to deny, revoke, or
suspend
any registration license issued by
the administrator of professional regulation department or
applied for in accordance with this chapter, or to
discipline a psychologist upon proof that the
person:
(1) Is guilty of
fraud or deceit in procuring or attempting to procure a registration license
or temporary license;
(2) Is guilty of a
felony or of a crime of immorality;
(3) Is habitually
intemperate or is addicted to the use of habit-forming drugs;
(4) Is mentally
incompetent;
(5) Has
willfully or repeatedly violated any of the provisions of this chapter; Is
incompetent or negligent in the practice of
psychology and has violated the provisions of chapter
5-44 or the rules and regulations promulgated
hereunder;
(6) Is
habitually negligent in the performance of his or her duties; Has
violated the
ethical principles governing psychologists and
the practice of psychology, as adopted by the
board and in force at the time a charge is made
regardless of whether or not the person is a
member of any national, regional, or state
psychological association; provided, that those ethical
principles are a national recognized standard;
and departure from or the failure to conform to the
minimal standards of acceptable and prevailing
psychology practice.
(7) Has
willfully or repeatedly violated any of the ethical principles governing
psychologists and the practice of psychology, as
adopted by the board and in force at the time a
charge is made and determined by the board;
regardless of whether or not the person is a member
of any national, regional, or state psychological
association; provided, that those ethical principles
are of a nationally recognized standard; Has practiced as a
psychologist or has performed the
duties of a psychologist without proper
supervision by a psychologist licensed under this chapter
unless specifically exempted by this chapter.
(8) Providing
services to a person who is making a claim as a result of a personal injury,
who charges or collects from the person any
amount in excess of the reimbursement to the
psychologist by the insurer as a condition of
providing or continuing to provide services or
treatment. Has had their license revoked,
suspended, privileges limited or other disciplinary
action in another state or jurisdiction,
including the voluntary surrender of a license.
(9) Has failed
to furnish the department or its legal representative information requested
by the board as part of a disciplinary action.
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 division
of professional regulation 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) 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) 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 administrator department, which shall
be served in accordance with law.
(3) The administrator
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 administrator of
professional regulation department who shall strike the name of
the holder from the register of psychologists 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 administrator of
professional regulation department who may order a
rehearing of the issue if he or she finds cause.
5-44-20.
Grounds for discipline without a hearing. -- In the event a person
is
hospitalized for mental illness or as an
alcoholic as defined in chapter 1.10 of title 23, the board
may, with the approval of the director and without
the necessity of the proceedings provided for
in section 5-44-19, suspend, or refuse to renew
the license of that person for the duration of his or
her confinement, or until that person is
medically discharged from hospitalization. With the
approval of the director, the board may
temporarily suspend the license of a psychologist without
a hearing if the board finds that evidence in
its possession indicates that a psychologist continuing
in practice would constitute an immediate danger
to the public. In the event that the board
temporarily suspends the license of a
psychologist without a hearing by the board, a hearing must
be held within ten (10) days after the
suspension has occurred.
5-44-21.
Penalty for violations. -- (a) It is a misdemeanor for any person, in
offering his
or her services to the public, to:
(1) Use in
connection with his or her name any designation tending to imply that he or
she is a psychologist, or any description of
services tending to imply that he or she is engaged in
the practice of psychology or to render services
defined as the practice of psychology, unless
licensed or exempted under the provisions of
this chapter;
(2) Use in
connection with his or her name any designation tending to imply that he or
she is a psychologist, or to render services
defined as the practice of psychology, during the time
his or her license issued under the provision of
this chapter is suspended or revoked;
(3) Otherwise
violate any of the provisions of this chapter or the rules and regulations
promulgated hereunder.
(b) All these
misdemeanors shall be punishable by a fine of not more than five hundred
dollars ($500) for each offense.
5-44-22.
Injunction of violations. -- When it appears to the board that any
person is
violating any of the provisions of this chapter,
the director of the department of health may
institute an action, commenced in the name of
the board, to enjoin that violation in a court of
competent jurisdiction. That court may enjoin
any person from violating any of the provisions of
this chapter, without regard to whether
proceedings have been or may be instituted before the
board or whether criminal proceedings have been
or may be instituted.
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, 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 United States territory
may
perform psychological services in the state of
Rhode Island without obtaining a license for up to
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.
5-44-24.
Enforcement. -- The director of the department of health shall
enforce the
provisions of this chapter. He or she, or his or
her authorized agents, and the board shall be
exempt from providing surety for costs in
connection with the commencement of any legal
proceedings under this chapter.
5-44-26.
Appeals from director and board. -- Any person aggrieved by any
decision or
ruling of the director of the department of
health or the board may appeal to the superior court in
the manner provided in the Administrative Procedures
Act, chapter 35 of title 42.
SECTION 2. Section
5-44-7 of the General Laws in Chapter 5-44 entitled
"Psychologists" is hereby repealed.
5-44-7.
Board of psychology -- Reimbursement of members' expenses. --
The
members of the board shall serve without
compensation but shall be entitled to receive
reimbursement for all reasonable, actual, and
necessary expenses incurred in the performance of
their duties.
SECTION 3. This
act shall take effect upon passage.
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LC01292/SUB A
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