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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