SB49

By Senator Bussman

ENROLLED, An Act,

Relating to the Alabama Sunset Law; to continue the existence and functioning of the State Board of Examiners in Psychology until October 1, 2020, with certain modifications; and to amend Section 34-26-21, Code of Alabama 1975, so as to require diversity in the membership of the board.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Pursuant to the Alabama Sunset Law, the Sunset Committee recommends the continuance of the State Board of Examiners in Psychology until October 1, 2020, with the additional recommendation for statutory change as set out in Section 3.

Section 2. The existence and functioning of the State Board of Examiners in Psychology, created and functioning pursuant to Sections 34-26-1 to 34-26-66, inclusive, Code of Alabama 1975, is continued until October 1, 2020, and those code sections are expressly preserved.

Section 3. Section 34-26-21 of the Code of Alabama 1975, is amended to read as follows:

"§34-26-21.

"(a)(1) There is created a State Board of Examiners in Psychology to consist of eight persons who are residents of this state, who shall be appointed by the Governor under conditions set forth in this section, and who shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. At least one member shall be chosen from and shall be a member of the faculty, with the rank of assistant professor or above, of the accredited colleges and universities of the state, shall be a licensed psychologist under this chapter, and shall be primarily engaged in teaching, research, or administration of psychology. Five members shall be licensed psychologists under this chapter. One member shall be licensed as a psychological technician under this chapter. 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.

"(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, Nominations shall 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, Nominations shall 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."

Section 4. The Legislature concurs in the recommendations of the Sunset Committee as provided in Sections 1, 2 and 3.

Section 5. This act shall become effective immediately upon its passage and approval by the Governor, or its otherwise becoming law.

Sunset Law

Psychology, Alabama Board of Examiners in

Boards and Commissions