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