SB240

By Senator Ward

ENROLLED, An Act,

Relating to the Alabama Board of Examiners in Psychology; to amend Sections 34-26-21, 34-26-41, 34-26-43.1, 34-26-62, 34-26-65, and 34-26-66, Code of Alabama 1975; to repeal Section 34-26-20, Code of Alabama 1975, to clarify the number and qualifications of the members of the board; to further specify the procedure for a licensee to request to be placed on inactive status by authorizing the board to charge an inactive license fee; to require a criminal background check of each applicant for a license and to specify the duties of the Alabama State Law Enforcement Agency (ALEA) in providing background information; to remove obsolete language; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 34-26-21, 34-26-41, 34-26-43.1, 34-26-62, 34-26-65, and 34-26-66, Code of Alabama 1975, are amended to read as follows:

§34-26-21.

"(a)(1) There is created a State the Alabama Board of Examiners in Psychology to consist of eight persons who are residents of this state, who reflect the racial, gender, geographic, urban, rural, and economic diversity of the state, and who shall be appointed by the Governor under conditions set forth in this section. At least one as follows:

"a. One member shall be chosen from and shall be a member of the faculty, with the rank of assistant professor or above, of the an accredited colleges and universities of college or university in the state, shall with the rank of assistant professor or above who is primarily engaged in teaching, research, or administration of psychology be and is a licensed psychologist licensed under this chapter, and shall be primarily engaged in teaching, research, or administration of psychology.

"b. Five members shall be licensed psychologists licensed under this chapter.

"c. One member shall be licensed as a psychological technician licensed under this chapter.

"d. One member shall be a member of the general public.

"(2) The board shall perform those duties and exercise those powers prescribed in this chapter. No member of the board shall be liable to civil action for any act performed in good faith in the performance of his or her duty pursuant to this chapter. Vacancies shall be filled for any unexpired term, and members shall serve until their successors are appointed and have qualified.

In nominating candidates to fill vacancies on the board, nominating authorities shall coordinate their appointments to assure board membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state without regard to political affiliation.

"(3) Board members shall not serve more than two consecutive terms of office. Not later than October 1 of each year the executive council of the Alabama Psychological Association, or of its successor organization, shall submit to the Governor the names of two qualified candidates for the position of the board to be vacated by reason of expiration of term of office. Efforts shall be made to have nominations, with due consideration, reflect the geographic, gender, racial, and ethnic diversity of the state without regard to political affiliation. From the two candidates the Governor shall appoint one member not later than January 1 to serve on the board for a term of five years. With the exception of the member appointed from the general public, other vacancies occurring in the board shall be filled for the unexpired term by appointment of the Governor from two qualified candidates for each vacancy submitted within 30 days after the vacancy occurs by the executive council of the association, or by its successor organization. Those appointments shall be made by the Governor within 30 days after the candidates' names have been submitted. If the association, or its successor organization, fails to furnish the Governor with the list of persons eligible for appointment to the board, the Governor shall appoint any qualified members of the profession of psychology to the vacant position on the board.

"(b) The Governor shall appoint, for a five-year term of office, a member of the general public who is a resident of Alabama not licensed by the board, and whose spouse, if married, is not licensed by the board. Vacancies for unexpired terms of the general public member shall be filled by the Governor. Successor public members shall be appointed by the Governor. Efforts shall be made to have nominations, with due consideration, reflect the geographic, gender, racial, and ethnic diversity of the state without regard to political affiliation.

"(c) To fill the psychological technician position on the board, the Executive Council of the Alabama Psychological Association, or its successor organization, shall select two names to be submitted to the Governor by October 1 prior to the expiration of the term. On or before the immediately following January 1, the Governor shall appoint one of the two names submitted to serve in the psychological technician position on the board for a term of five years.

"(d) Any board members may be removed by the Governor after notice and hearing for incompetence, neglect of duty, malfeasance in office, or moral turpitude.

"(e) Immediately before entering public duties of the office, the members of the board shall take the constitutional oath of office and shall file the oath in the Office of the Governor, who upon receiving the oath shall issue to each member a certificate of appointment. The board shall have available for the Governor or his or her representative detailed reports on proceedings and shall make annual reports in the form required by the Governor.

"(f) The board shall elect annually a chair and vice-chair. Each member shall receive the same per diem and travel allowance paid to state employees for each day's attendance at an official meeting of the board. The board shall hold at least one regular meeting each year. Additional meetings may be held at the discretion of the chair or at the written request of any two members of the board. The board shall adopt a seal which shall be affixed to all licenses issued by the board. The board shall from time to time adopt rules and regulations necessary for the performance of its duties. Four members of the board shall constitute a quorum. The board may hire any assistants necessary to carry on its activities within the limit of funds available to the board. The board may accept grants from foundations, individuals, and institutions to carry on its functions.

§34-26-41.

"(a)(1) Any person wishing to obtain the right to practice as a psychologist or psychological technician in this state, who has not heretofore been licensed to do so, shall, before it shall be lawful for him or her to practice as a psychologist or psychological technician in this state, make application to the Board of Examiners in Psychology through the chair upon such form and in such manner as prescribed by the board.

"(2) Unless a person has first obtained a valid license as aforesaid, it shall be unlawful and a violation of this chapter for him or her to practice.

"(b) A candidate for licensure as a psychologist shall furnish the board with satisfactory evidence of all of the following:

"(1) He or she is of good moral character.

"(2) He or she is at least 19 years of age.

"(3) He or she has received a doctorate degree from a department of, or school of, psychology, from an educational institution accredited and recognized by national and regional accrediting agencies as maintaining satisfactory standards.

"(4) He or she is competent in psychology as shown by passing such examinations, written or oral, or both, as the board will prescribe, unless exempted pursuant to subsection (e).

"(5) He or she is not engaged in unethical practice as defined in the Code of Ethics of the American Psychological Association.

"(6) He or she has not within the preceding six months failed an examination given by the board.

"(c) The board may issue a license to any person who is a licensed psychologist of another state, and who applies to the board, provided the licensee of another state shall furnish the board with satisfactory evidence of all of the following:

"(1) He or she is of good moral character, and holds his or her license in good standing from another state.

"(2) He or she is at least 19 years of age.

"(3) He or she has received a doctorate degree in psychology from an educational institution accredited and recognized by national and regional accrediting agencies as maintaining satisfactory standards or, in lieu of a doctorate degree in psychology, a doctorate degree in a closely allied field, if the training received therefor is substantially similar to that required of doctorates obtained from departments of psychology.

"(4) He or she is competent in psychology as shown by the passing of an examination, unless exempted pursuant to subsection (e), substantially equivalent to the examinations prescribed in subsection (a), or by the passing of a recognized national examination in psychology.

"(5) He or she is not engaged in unethical practice as defined in the Code of Ethics of the American Psychological Association.

"(6) He or she has practiced psychology in another state at least four consecutive years prior to application.

"(7) That the other state under which he or she is licensed gives similar recognition and reciprocal licensing to licensed psychologists of this state.

"(d)(1) The board shall accept the Certificate of Professional Qualification (CPQ) in psychology issued by the Association of State and Provincial Psychology Boards (ASPPB), or its successor organization, or board certification by the American Board of Professional Psychology (ABPP) as evidence that the applicant, who has not within the preceding six months failed an examination given by the board, has met the requirements for licensure.

"(2) The applicant shall submit all of the following to the board:

"a. An application for licensure and the corresponding licensure fee.

"b. Verification forms from the jurisdictions of licensure, verifying that licensure is current and in good standing.

"c. A verification form from the ASPPB or from the ABPP.

"(3) All applicants under this subsection shall successfully pass any local jurisdictional examinations. The board may deny licensure to any applicant who has had disciplinary action taken against him or her by any licensing authority or professional organization or who has a record that discloses any other matter that puts in question his or her competency to practice.

"(e) The board shall issue a license to any applicant with a doctoral degree in psychology who is otherwise qualified pursuant to subsections (a) and (b), who is licensed in at least two states and who has passed a recognized national exam.

"(f) An individual who possesses a valid license to practice psychology independently at the doctoral level, by any jurisdiction recognized by the Association of State and Provincial Psychology Boards, may practice psychology in Alabama for no more than 30 days each calendar year without applying for a license to practice psychology in Alabama, unless otherwise exempted pursuant to this chapter. This authority to practice does not apply to a psychologist who has been denied licensure in Alabama, is a legal resident of Alabama, or intends to practice full-time or a major portion of his or her time in Alabama.

"(g) An individual licensed to practice psychology in another jurisdiction, who is providing services in response to a declared disaster or state of emergency, may practice psychology in this jurisdiction for no more than 60 days per year, without applying for a license, upon proper notification as required by board rule.

"(h) A licensee may request that the board designate his or her license as inactive at any time before the date of renewal. Granting inactive status to a licensee revokes all privileges associated with licensure under this chapter until reactivation is requested by the licensee. Procedures for reactivating a license and granted by the board shall be established by the rule of the board.

"(i)(h) A candidate for licensure as a psychological technician shall furnish the board with satisfactory evidence of all of the following:

"(1) He or she is of good moral character.

"(2) He or she is at least 19 years of age.

"(3) He or she has a master's degree in psychology from a regionally accredited institution of higher education, or has completed the equivalent of a master's degree from an American Psychological Association accredited doctoral program in psychology, as determined by the board. Educational requirements are provided in Section 34-26-65.

"(4) Is competent as a psychological technician, as shown by passing examinations, written or oral, or both, as prescribed by the board.

"(5) Is not engaged in unethical practice as defined in the most recent version of the Code of Ethics of the American Psychological Association.

"(6) Has not within the preceding six months failed an examination given by the board.

"(i) A psychologist or psychological technician licensee may request that the board designate his or her license as inactive at any time before the date of renewal. There shall be paid to the board by each licensee requesting inactive status a fee, not exceeding five hundred dollars ($500), as set by rule of the board. There shall be paid to the board by each licensee requesting annual continuation of inactive status a fee, not exceeding five hundred dollars ($500), as set by rule of the board. No part of any fee paid to the board shall be returnable under any circumstances. Granting inactive status to a licensee revokes all privileges associated with licensure under this chapter until reactivation is requested by the licensee. Procedures for reactivating an inactive license shall be established by rule of the board.

§34-26-43.1.

"(a) The Board of Examiners in Psychology shall charge each candidate for licensure as a psychologist or psychological technician a fee sufficient to cover the entire actual costs of the examination of the applicant as well as the cost of criminal history and civil background checks of the applicant.

"(b) Applicants for licensure as a psychologist or psychological technician shall submit to a criminal history background check.

"(c) The applicant shall provide fingerprints and shall execute a criminal history information release using forms provided to the applicant by the board.

"(d) The applicant is responsible for having his or her fingerprints made.

"(e) The applicant shall provide to the board office his or her completed fingerprint cards, along with a cashier's check or money order made payable to the Alabama State Law Enforcement Agency (ALEA) in the amount sufficient to cover the actual cost of the background check. The board shall submit the fingerprint cards to ALEA.

"(f) ALEA shall be responsible for forwarding applicants' fingerprints to the Federal Bureau of Investigation for a national criminal history record check.

"(g) Information received by the board pursuant to a criminal history background check shall be confidential and shall not be a public record, except that such information received by and relied upon by the board in denying the issuance of a certificate of qualification may be disclosed as may be necessary to support the denial.

§34-26-62.

"(a) A psychological technician supervisee shall perform all of the following duties:

"(1) Enter into a written agreement with the supervisor, using a board adopted supervision contract form, which details the obligations of the supervisee as well as the responsibilities of the supervisor to the supervisee. This form shall be filed with and accepted by the board prior to practice.

"(2) Attend scheduled supervision sessions.

"(3) Provide the supervisor with a disclosure of psychological services being offered or rendered by him or her.

"(4) Cooperate with the supervisor to assure that all conditions of the supervision are fulfilled.

"(5) Provide the supervisor with information necessary for the supervisor to advise him or her on cases presenting professional, ethical, or legal concerns.

"(6) File a revised supervision contract form within 45 days of a change in the conditions specified in the supervision contract form on file with the board.

"(7) Obtain a written, signed consent from each patient or client that informs them of the supervisory process.

"(b) Failure to comply with any of the duties specified in subsection (a) shall constitute a Class C B misdemeanor.

§34-26-65.

"Prior to September 1, 2000, the degree program of the applicant shall be publicly identified and clearly labeled as a psychology program. On and after September 1, 2000, the The degree program of the applicant shall meet all of the following requirements:

"(1) The program shall be publicly identified and clearly labeled as a psychology program.

"(2) The program shall maintain clear authority and primary responsibility for the core and concentration areas whether or not the program crosses administrative lines.

"(3) The program shall have an identifiable body of students in residence at the institution who are matriculated in the program for degree purposes.

"(4) The program shall have an identifiable full-time psychology faculty in residence at the institution, sufficient in size and breadth to carry out the responsibilities of the program, and employed by and providing instruction at the main campus of the institution.

"(5) There shall be a psychologist responsible for the program as the administrative head of the program, the advisor, a major professor, or the committee chair.

"(6) The program shall be an integrated, organized sequence of study in psychology as demonstrated by an identifiable curriculum track or tracks wherein course sequences are outlined.

"(7) The program shall encompass the equivalent of a minimum of two academic years, at least one of which shall be one academic year of full-time graduate study in student residence at the institution from which the degree is granted. Residence requires interaction with psychology faculty and other matriculated psychology students. A one year residency shall consist of 30 semester hours or 45 quarter hours taken on a full-time or part-time basis at the institution.

"(8) The program shall include practica or other field experience appropriate to the area of specialty and practice as a psychological technician. This experience shall satisfy all of the following criteria:

"a. The experience shall be a planned or directed program of training in psychology, in contrast to on-the-job training, and shall have provided the trainee with a planned and directed sequence of training integrated with the educational program in which the trainee is enrolled. The training shall be planned by the faculty of the program rather than by the trainee.

"b. The training site shall have a clearly designated and licensed psychologist who is responsible for the integrity and quality of the training program.

"c. The training shall last a minimum of six months and consist of at least 500 hours of supervised training. At least 50 percent of the training shall be spent in direct contact with patients or clients.

"d. The training program shall have a written program description detailing the functioning of the program and shall be approved by the psychology program of the trainee before training occurs.

"e. The training site staff shall provide a minimum of one hour per five hours of client contact of face-to-face, primarily individual, regularly scheduled supervision, overseeing the training experience.

"f. Supervision may be provided in part by psychiatrists, social workers, or other related professionals qualified by the training site. At least 60 percent of the supervision shall be provided by a licensed psychologist.

"g. A person enrolled in a training program shall be designated as a practicum student, or any other designation which clearly indicates training status.

"(9) a. The program shall include a minimum of 45 semester hours or 68 quarter hours of graduate study in standard psychology courses, including courses drawn from academic psychology, such as social, experimental, physiological, developmental, history and systems, and statistics and research design.

"1. Of the required semester or quarter hours, not more than six semester or nine quarter hours shall be credited for practicum and not more than six semester or nine quarter hours shall be credited for thesis.

"2. No credit shall be allowed for audited courses or courses taken at an institution which is not a regionally accredited institution of higher education.

"b. An applicant whose credentials have been approved by the board for examination at the licensed psychologist level may be issued a license as a psychological technician if the applicant fails an examination at the licensed psychologist level but passes the examination at the licensed psychological technician level. To receive this license, the applicant shall file all required application materials with the board for licensure at the psychological technician level.

§34-26-66.

"After one year from March 11, 1998, no No person shall hold himself or herself out to the public as a licensed psychological technician or practice as a psychological technician unless licensed by the board. Failure to comply with this section shall constitute a Class C B misdemeanor."

Section 2. Section 34-26-20, Code of Alabama 1975, is repealed.

Section 3. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 4. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Psychology, Alabama Board of Examiners in

Boards and Commissions

Crimes and Offenses

Criminal Law and Procedure

Licenses and Licensing

Code Repealed

Code Amended