Chapter 042
2017 -- S 0500
Enacted 06/22/2017

A N   A C T
RELATING TO BUSINESSES AND PROFESSIONS - PSYCHOLOGISTS

Introduced By: Senators Doyle, P Fogarty, Lynch Prata, and Nesselbush
Date Introduced: March 02, 2017

It is enacted by the General Assembly as follows:
     SECTION 1. Sections 5-44-3, 5-44-4, 5-44-5 and 5-44-19 of the General Laws in
Chapter 5-44 entitled "Psychologists" are hereby amended to read as follows:
     5-44-3. Board of psychology -- Creation -- Composition.
     Within the department of professional regulation in the department of health, there shall
be a board of psychology consisting of five (5) seven (7) members as provided by § 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) seven (7) electors as members of the board. One member of the board shall be
representative of the public, and four (4) six (6) shall be psychologists pursuant to this chapter
and each of them shall have been engaged in their profession for at least five (5) years. At least
one member of the board shall be an academic psychologist.
     (b) 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 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.
     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) four
(4) members of the board. A majority of seats filled shall constitute a quorum. The board shall
meet as often as necessary.
     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 § 5-44-18, the 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) 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
renewed.
     (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 a 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 any time it deems that the person is not in
compliance with the directions of the board.
     (4) 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.
     (5) 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 department, which shall be served in
accordance with law.
     (3) The 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.
     (5) The board has the authority to delegate a hearing to a hearing officer.
     (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 which 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 which may order a rehearing of the issue if he or she it
finds cause.
     SECTION 2. This act shall take effect upon passage.
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LC001612
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