GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	1 

HOUSE BILL 452

Short Title:  Amend Psychology Practice Act/AB.	(Public)

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Sponsors: Representative Lemmond.

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Referred to:  Business and Labor.

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March 9, 1995

A BILL TO BE ENTITLED
AN ACT TO AMEND THE PSYCHOLOGY PRACTICE ACT.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 90-270.2(7) reads as rewritten:
"(7)	Licensed psychologist-masters. – An individual to whom a license has been issued pursuant to the provisions of this Article, whose license is in force and not suspended or revoked, and whose license permits him or her to engage in the practice of psychology as defined in this Article."
Sec. 2.  G.S. 90-270.3 reads as rewritten:
"§ 90-270.3.  Practice of medicine and optometry not permitted.
Nothing in this Article shall be construed as permitting licensed psychologists or licensed psychologist-masters to engage in any manner in all or any of the parts of the practice of medicine or optometry licensed under Articles 1 and 6 of Chapter 90 of the General Statutes, including, among others, the diagnosis and correction of visual and muscular anomalies of the human eyes and visual apparatus, eye exercises, orthoptics, vision training, visual training and developmental vision.  A licensed psychologist or licensed psychologist-masters shall assist his or her client or patient in obtaining professional help for all aspects of the client's or patient's problems that fall outside the boundaries of the psychologist's own competence, including provision for the diagnosis and treatment of relevant medical or optometric problems."
Sec. 3.  G.S. 90-270.4(c) reads as rewritten:
"(c)	Persons certified by the State Board of Education as school psychologists and serving as regular salaried employees of the Department of Public Instruction or local boards of education are not required to be licensed under this Article in order to perform the duties for which they serve the Department of Public Instruction or local boards of education, and nothing in this Article shall be construed as limiting their activities, services, or titles while performing those duties for which they serve the Department of Public Instruction or local boards of education.  If a person certified by the State Board of Education as a school psychologist and serving as a regular salaried employee of the Department of Public Instruction or a local board of education is or becomes a licensed psychologist under this Article, he or she shall be required to comply with all conditions, requirements, and obligations imposed by statute or by Board rules upon all other licensed psychologists as a condition to retaining that license.  Other provisions of this Article notwithstanding, a person certified by the State Board of Education as a school psychologist and serving as a regular salaried employee of the Department of Public Instruction or a local board of education may become a licensed psychologist-masters under this Article, without completing the supervision requirements specified in G.S. 90-270.5(e) but he or she shall be required to comply with all other conditions, requirements, and obligations imposed by statute or a local board of education or by Board rules upon all other licensed psychologist-masters as a condition to receiving and retaining that license.  The exemption from a provisional supervision period for any licensed psychologist-masters who is also a certified school psychologist under this subsection applies only so long as he or she remains as a regular salaried employee with the Department of Public Instruction or a local board of education.  Should a psychologist-masters who becomes licensed while employed with the Department of Public Instruction or a local board of education wish to work as a psychologist in any other setting, he or she is required to complete the supervision requirements set forth in G.S. 90-270.5(e) as a condition of maintaining his or her license."
Sec. 4.  G.S. 90-270.4(d) reads as rewritten:
"(d)	Nothing in this Article shall be construed as limiting the activities, services, and use of title designating training status of a student, intern, fellow, or other trainee preparing for the practice of psychology under the supervision and responsibility of a qualified psychologist in an institution of higher education or service facility, provided that such activities and services constitute a part of his course of or her course of study as a matriculated graduate student in psychology.  For individuals pursuing postdoctoral or postmasters training or experience in psychology, nothing shall limit the use of a title designating training status, but the Board may develop rules defining qualified supervision, disclosure of supervisory relationships, frequency of supervision, settings to which trainees may be assigned, activities in which trainees may engage, qualifications for trainee status, nature of responsibility assumed by the supervisor, and the structure, content, and organization of postdoctoral experience."
Sec. 5.  G.S. 90-270.5 reads as rewritten:
"§ 90-270.5.  Application; examination; supervision; provisional and temporary licenses.
(a)	Except as otherwise exempted by G.S. 90-270.4, persons who are qualified by education to practice psychology in this State must make application for licensure to the Board within 30 days of offering to practice or undertaking the practice of psychology in North Carolina.  Applications must then be completed for review by the Board within the time period stipulated in the duly adopted rules of the Board.  Persons who practice or offer to practice psychology for more than 30 days without making application for licensure, who fail to complete the application process within the time period specified by the Board, or who are denied licensure pursuant to G.S. 90-270.11 or G.S. 90-270.15, may not subsequently practice or offer to practice psychology without first becoming licensed.
(b)	After making application for licensure, applicants must take the first examination to which they are admitted by the Board.  If applicants fail the examination, they may continue to practice psychology until they take the next examination to which they are admitted by the Board.  If applicants fail the second examination, they shall cease the practice of psychology per G.S. 90-270.4(h), and may not subsequently practice or offer to practice psychology without first reapplying for and receiving a license from the Board.  An applicant who does not take an examination on the date prescribed by the Board shall be deemed to have failed that examination.
(c)	All individuals who have yet to apply and who are practicing or offering to practice psychology in North Carolina, and all applicants who are practicing or offering to practice psychology in North Carolina, shall at all times comply with supervision requirements established by the Board.  The Board shall specify in its rules the format, setting, content, time frame, amounts of supervision, qualifications of supervisors, disclosure of supervisory relationships, the organization of the supervised experience, and the nature of the responsibility assumed by the supervisor.  Individuals shall be supervised for all activities comprising the practice of psychology until they have met the following conditions:
(1)	For licensed psychologist applicants, until they have passed the examination to which they have been admitted by the Board, have been notified of the results, have completed supervision requirements specified in subsection (d) of this section, and have been informed by the Board of permanent licensure as a licensed psychologist; or
(2)	For licensed psychologist-masters applicants, until they have passed the examination to which they have been admitted by the Board, have been notified of the results, have completed supervision requirements specified in subsection (e) of this section, and have been informed by the Board of permanent licensure as a licensed psychologist-masters.
(d)	For permanent licensure as a licensed psychologist, an otherwise qualified psychologist must secure two years of acceptable and appropriate supervised experience germane to his or her training and intended area of practice as a psychologist.  The Board shall permit such supervised experience to be acquired on a less than full-time basis, and shall additionally specify in its rules the format, setting, content, time frame, amounts of supervision, qualifications of supervisors, disclosure of supervisory relationships, the organization of the supervised experience, and the nature of the responsibility assumed by the supervisor.  Supervision of health services must be received from qualified licensed psychologists holding health services provider certificates, or from other psychologists recognized by the Board in accordance with Board rules.
(1)	One of these years of experience shall be postdoctoral, and for this year, the Board may require, as specified in its rules, that the supervised experience be comparable to the knowledge and skills acquired during formal doctoral or postdoctoral education, in accordance with established professional standards.
(2)	One of these years may be predoctoral and the Board shall establish rules governing appropriate supervised predoctoral experience.
(3)	A psychologist who meets all other requirements of G.S. 90-270.11(a) as a licensed psychologist, except the two years of supervised experience, may be issued a provisional license by the Board for the practice of psychology.  If the psychologist terminates the supervised experience before the completion of two years, the Board may place the psychologist on inactive status, during which time supervision will not be required, and the practice of psychology or the offer to practice psychology is prohibited.  In the event a licensed psychologist issued a provisional license under this subsection is placed on inactive status or is completing the supervised experience on a part-time basis, the Board may renew the provisional license as necessary until such time as the psychologist has completed the equivalent of two years' supervised experience.
(e)	
In order to receive permanent licensure as a licensed psychologist-masters, an otherwise qualified psychologist must secure three years of acceptable and appropriate supervised experience germane to his or her training and intended area of practice as a psychologist.  The Board shall permit such supervised experience to be acquired on a less than full-time basis, and shall additionally specify in its rules the format, setting, content, time frame, amounts of supervision, qualifications of supervisors, disclosure of supervisory relationships, the organization of the supervision experience, and the nature of the responsibility assumed by the supervisor.  Supervision of health services must be by a qualified licensed psychologist or a licensed psychologist-masters holding a health services provider certificate, or by any other psychologist approved by the Board for this purpose in accordance with Board rules.
(1)	Three years of supervised experience shall be acquired following completion of the masters degree.
(2)	The three years of experience must involve at least 144 hours of supervision over the course of 5,400 hours of psychology practice.  For these three years, the Board may require by rule, that the supervised experience be comparable to the knowledge and skills acquired during formal masters or postmasters education, in accordance with established professional standards.
(3)	A masters level psychologist who meets all other requirements as a licensed psychologist-masters under G.S. 90-270.11(b), except the three years of supervised experience, may be issued by the Board a provisional license for the practice of psychology.  If the psychologist terminates the supervised experience before the completion of three years, the Board may place the psychologist on inactive status, during which time supervision will not be required, and the psychologist shall not practice psychology or offer to practice psychology.  In the event a licensed psychologist-masters issued a provisional license under this subsection is placed on inactive status or is completing the supervised experience on a part-time basis, the Board may renew the provisional license as necessary until such time as the psychologist has completed the equivalent of three years' supervised experience.
(f)	A nonresident psychologist who is either licensed or certified by a similar Board in another jurisdiction whose standards, in the opinion of the Board, are, at the date of his or her certification or licensure, substantially equivalent to or higher than the requirements of this Article, may be issued a temporary license by the Board for the practice of psychology in this State for a period not to exceed the aggregate of 30 days in any calendar year.  The Board may issue temporary health services provider certification simultaneously if the nonresident psychologist can demonstrate two years of acceptable supervised health services experience.  All temporarily licensed psychologists shall comply with supervision requirements established by the Board.
(g)	An applicant for reinstatement of licensure, whose license was suspended under G.S. 90-270.15(f), may be issued a temporary license and temporary health services provider certification in accordance with the duly adopted rules of the Board."
Sec. 6.  G.S. 90-270.6 reads as rewritten:
"§ 90-270.6.  Psychology Board; appointment; term of office; composition.
For the purpose of carrying out the provisions of this Article, there is created a North Carolina Psychology Board, which shall consist of seven members appointed by the Governor.  At all times three members shall be licensed psychologists with a postdoctorate degree in psychology, two members shall be licensed psychologist-masters, and two members shall be members of the public who are not licensed under this Article.  Each member of the Board must reside in a different congressional district at the time of the appointment.  Due consideration shall also be given to the adequate representation of the various fields and areas of practice of psychology.  Terms of office shall be three years.  All terms of service on the Board expire June 30 in appropriate years.  As the term of a licensed psychologist member with a postdoctorate degree in psychology expires, or as a vacancy occurs in that category for any other reason, the North Carolina Psychological Association shall, having sought the advice of the chairs of the graduate departments of psychology in the State, for each vacancy, submit to the Governor a list of the names of two eligible persons for each vacancy.  As the term of a licensed psychologist-masters expires or as a vacancy occurs in that category for any other reason, the organization representing the majority of licensed psychologist-masters in North Carolina shall, having sought the advice of the chairs of the graduate departments of psychology in the State for each vacancy, submit to the Governor a list of the names of two eligible persons for each vacancy.  From these lists the Governor shall make these appointments, each for a full term, or for the remainder of the unexpired term, if any.  Each Board member shall serve until his or her successor has been appointed.  As the term of a member expires, or if one should become vacant for any reason, the Governor shall appoint a new member within 60 days of the vacancy's occurring.  No member, either public or licensed under this Article, shall serve more than three complete consecutive terms."
Sec. 7.  G.S. 90-270.10 reads as rewritten:
"§ 90-270.10.  Annual report.
On June 30 of each year, the Board shall submit a report to the Governor of the Board's activities since the preceding July 1, including the names of all licensed psychologists and licensed psychologist-masters to whom licenses have been granted under this Article, any cases heard and decisions rendered in matters before the Board, the recommendations of the Board as to future actions and policies, and a financial report.  Each member of the Board shall review and sign the report before its submission to the Governor.  Any Board member shall have the right to record a dissenting view."
Sec. 8.  G.S. 90-270.11 reads as rewritten:
"§ 90-270.11.  Licensure; examination; foreign graduates.
(a)	Licensed Psychologist. – The Board shall issue a permanent license to practice psychology to any applicant who pays an application fee and any applicable examination fee as specified in G.S. 90-270.18(b), who who passes an examination in psychology as prescribed by the Board, and who submits evidence verified by oath and satisfactory to the Board that he or she:
(1)	Is at least 18 years of age;
(2)	Is of good moral character;
(3)	Has received a doctoral degree based on a planned and directed program of studies in psychology from an institution of higher education.  The degree program, wherever administratively housed, must be publicly identified and clearly labeled as a psychology program.  The Board shall adopt rules implementing and defining these provisions, including, but not limited to, such factors as residence in the educational program, internship and related field experiences, number of course credits, course content, numbers and qualifications of faculty, and program identification and identity.
(4)	Has had at least two years of acceptable and appropriate supervised experience germane to his or her training and intended area of practice as a psychologist as specified in G.S. 90-270.5(d).
(b)	Licensed Psychologist-Masters. –
(1)	The Board shall issue a permanent license to practice psychology to any applicant who pays an application fee and any applicable examination fee as specified in G.S. 90-270.18(b), who passes an examination in psychology as prescribed by the Board, and who submits evidence verified by oath and satisfactory to the Board that he or she:
a.	Is at least 18 years of age;
b.	Is of good moral character;
c.	Has received a master's degree in psychology or a specialist degree in psychology from an institution of higher education.  The degree program, wherever administratively housed, must be publicly identified and clearly labeled as a psychology program.  The Board shall adopt rules implementing and defining these provisions, including, but not limited to, such factors as residence in the program, internship and related field experiences, number of course credits, course content, numbers and qualifications of faculty, and program identification and identity.
d.	Has completed at least three years of supervised acceptable and appropriate experience germane to his or her training and intended area of practice as a psychologist as specified in G.S. 90-270.5(e).
(2)	Notwithstanding the provisions of this subsection, a licensed psychologist applicant who has met all requirements for licensure except passing the examination, may be issued a license as a licensed psychological-masters without having a master's degree or specialist degree in psychology if the applicant passes the examination at a minimum level, as prescribed by the Board.
(c)	Foreign Graduates. – Applicants trained in institutions outside the United States, applying for licensure at either the licensed psychologist or licensed psychologist-masters level, must show satisfactory evidence of training and degrees substantially equivalent to those required of applicants trained within the United States, pursuant to Board rules and regulations.
(d)	Prior Licensure. – A person who is licensed in good standing as a licensed practicing psychologist or psychological associate with at least three years of supervised clinical experience under the provisions of the Psychology Practice Act shall be deemed to have met all requirements for permanent licensure and independent practice as a licensed psychologist or licensed psychologist-masters under this Article and shall be eligible for renewal of licensure in accordance with the provisions of this Article."
Sec. 9.  G.S. 90-270.15(a)(9) reads as rewritten:
"(9)	For a licensed psychologist or psychologist-masters, has provided health services without health services provider certification;".
Sec. 10.  G.S. 90-270.16(a) reads as rewritten:
"(a)	Except as permitted in G.S. 90-270.4 and G.S. 90-270.5, it shall be a violation of this Article for any person not licensed in accordance with the provisions of this Article to represent himself or herself as a psychologist, licensed psychologist, licensed psychologist-masters, or health services provider in psychology."
Sec. 11.  G.S. 90-270.18(b) reads as rewritten:
"(b)	Fees for activities specified by this Article are as follows:
(1)	Application fees for licensed psychologists and licensed psychologist-masters per G.S. 90-270.11(a) and (b)(1), or G.S. 90-270.13, shall not exceed one hundred dollars ($100.00).
(2)	Fees for the national written examination shall be the cost of the examination to the Board plus an additional fee not to exceed fifty dollars ($50.00).
(3)	Fees for additional examinations shall be as prescribed by the Board.
(4)	Fees for the renewal of licenses, per G.S. 90-270.14(a)(1), shall not exceed two hundred fifty dollars ($250.00) per biennium.  This fee may not be prorated.
(5)	Late fees for license renewal, per G.S. 90-270.14(a)(1), shall be twenty-five dollars ($25.00).
(6)	Fees for the reinstatement of a license, per G.S. 90-270.15(f), shall not exceed one hundred dollars ($100.00).
(7)	Fees for a duplicate license, per G.S. 90-270.14(b), shall be twenty-five dollars ($25.00).
(8)	Fees for a temporary license, per G.S. 90-270.5(f) and 90-270.5(g), shall be twenty-five dollars ($25.00).
(9)	Application fees for a health services provider certificate, per G.S. 90-270.20, shall be fifty dollars ($50.00)."
Sec. 12.  G.S. 90-270.20 reads as rewritten:
"§ 90-270.20.  Provision of health services; certification as health services provider.
(a)	Health services, as defined in G.S. 90-270.2(4) and G.S. 90-270.2(8), may be provided by qualified licensed psychologist-masters, qualified licensed psychologists holding provisional, temporary, or permanent licenses, or qualified applicants. Qualified licensed psychologist-masters, qualified licensed psychologists holding provisional or temporary licenses, or qualified applicants may provide health services only under supervision as specified in the duly adopted rules of the Board.
(b)	After January 1, 1995, any licensed psychologist who is qualified by education, who holds permanent licensure and a doctoral degree, and who provides or offers to provide health services to the public must be certified as a health services provider psychologist (HSP-P) by the Board. The Board shall certify as health services provider psychologists those applicants who shall demonstrate at least two years of acceptable supervised health services experience, of which at least one year is postdoctoral. The Board shall specify the format, setting, content, and organization of the supervised health services experience or program. The Board may, upon verification of supervised experience and the meeting of all requirements as a licensed psychologist, issue the license and certificate simultaneously. An application fee, as specified in G.S. 90-270.18(b)(9), must be paid.
(c)	Prior to June 1, 1996, any psychologist who is qualified by education, has at least two years of acceptable supervised health services experience, and was licensed under this Article as a psychological associate may be granted certification as a health services provider psychologist (HSP-P).  The Board may, upon verification of qualifications and the meeting of all requirements as a licensed psychologist-masters, issue the license and certificate simultaneously. An application fee, as specified in G.S. 90-270.18(b)(9), must be paid.
(d)	Any licensed psychologist or licensed psychologist-masters holding a provisional license who is qualified by education may be granted certification as a health services provider psychologist (provisional) (HSP-PP) by the Board. The Board may, upon verification of qualifications and the meeting of all requirements for a provisional license, issue the license and certificate simultaneously. An application fee, as specified in G.S. 90-270.18(b)(9), must be paid.
					(e)	On June 1, 1996, and thereafter, any licensed psychologist-masters who is qualified by education, who holds permanent licensure and a masters degree, and who provides or offers to provide health services to the public must be certified as a health services provider psychologist (HSP-P) by the Board.  The Board shall certify as health services provider psychologists those applicants who shall demonstrate at least three years of acceptable supervised health services experience, all of which are postmasters.  The Board shall specify the format setting, content, and organization of the supervised health services experience or program.  The Board may, upon verification of supervised experience and the meeting of all requirements as a licensed psychologist-masters, issue the license and certificate simultaneously.  An applicant shall pay an application fee, as specified in G.S. 90-270.18(b)(9).
	(g)	The Board shall have the authority to deny, revoke, or suspend the health services provider certificate issued pursuant to these subsections upon a finding that the psychologist has not behaved in conformity with the ethical and professional standards prescribed in G.S. 90-270.15."
Sec. 13.  This act is effective upon ratification.