ASPPB Model Act - Association of State and Provincial Psychology Boards

FOREWORD
ASPPB MODEL ACT FOR LICENSURE OF PSYCHOLOGISTS

This ASPPB Model Act for Licensure of Psychologists is a revised version of the document approved in principle by delegates to the Annual Meeting of Delegates in October 1992. The committee that drafted this Act included geographically and professionally diverse members who came to consensus on the final provisions contained in the Act. In keeping with the motion passed by the delegates in 1992, these changes were recommended by the Committee on Model Legislation and then approved by the Board of Directors. The new document contains language for the provision licensure of new graduates working under supervision, and new definitions related to the Certificate of Professional Qualification in Psychology and psychological assistants.

As delegates to the 1992 Annual Meeting agreed, and as is evidenced by this revision, this document requires periodic changes and additions as new concerns in licensure and regulation emerge for jurisdictions.

As health care systems and the provision of psychological services change, further revisions will likely be required. The Board of Directors thinks that this updated Model Act for Licensure of Psychologists will be useful to state and provincial boards as well as to professional associations and legislators when revisions to psychology practice acts are proposed, or are being considered.

As is so often the case, this document builds on the work of predecessors in ASPPB and its member jurisdictions. Many thanks to all of you who responded to our requests for information and submitted samples from your jurisdiction=s laws for the Model Legislation Committee to review. Special credit is due also to those who worked for many hours to complete this revision of the act. The members of the ASPPB Committee on Model Legislation who worked on this publication were: Norma P. Simon, Ed.D. (NY), chairperson; Barbara Adams Bailey, Ph.D. (TX); Stephen T. DeMers, Ed.D. (KY); William T. Melnyk, Ph.D. (ON); Asher R. Pacht, Ph.D. (WI); Randolph P. Reaves, J.D. (AL); and Térez Rétfalvi, Ph.D. (NB).

The ASPPB Board of Directors hopes this Model Act will be useful for your board, board members, staff, and board attorney. As always, we welcome your comments and suggestions.

Sincerely,

Mary E. Willmuth, Ph.D, ABPP
President, ASPPB 2001-2002

model publications
Model Act of Licensure

The Model Act for Licensure of Psychologists is a licensure act template, which psychology boards may use when drafting their governing laws/regulations.

Declaration of Policy
The practice of psychology in (name of jurisdiction) is hereby declared to affect the public health, safety, and welfare, and to be subject to regulation to protect the public from the practice of psychology by unqualified persons and from unprofessional conduct by persons licensed to practice psychology.
Practice Without a License
Any person, whether acting as an individual, firm, partnership corporation, agency, or other entity, who shall represent himself or herself as a psychologist in violation of this Act, or who shall engage in the practice of psychology in violation of this Act, shall be guilty of a Class ___ misdemeanor and shall be subject to a fine not to exceed $___ dollars and, in addition thereto, may be imprisoned not more than ___ months. Any person filing or attempting to file, as his or her own, a diploma or license of another or a forged affidavit shall be subject to the punishment prescribed for forgery in the ___ degree.
Definitions
1. Board
  Board means the ________________ (name of Board or Committee).
2. Client/Patient
  Client or patient means a recipient of psychological services within the context of a professional relationship. A corporate entity or other organization can be a client when the professional contract is to provide services of benefit primarily to the organization rather than to individuals. In the case of individuals with legal guardians, including minors and legally incompetent adults, the legal guardian shall be the client for decision making purposes, except the individual receiving services shall be the client for:
  1. Issues directly affecting the physical or emotional safety of the individual, such as sexual or other exploitative dual relationships, and
  2. Issues specifically reserved to the individual, and agreed to by the guardian prior to rendering of services, such as confidential communication in a therapy relationship.
3. Code of Conduct
  Code of conduct means that set of regulatory rules of professional conduct, such as the Code of Conduct (1991) recommended by the Association of State and Provincial Psychology Boards, which has been adopted by the board by statute or rule to protect the public welfare by providing rules that govern a professional's behavior in the professional relationship.
4. Health Service Provider in Psychology
  A health service provider in psychology means an individual licensed under this Act who is duly trained and experienced (i.e., meets defined criteria of training and experience adopted by the Board in rules and regulations) in the delivery of direct preventive, diagnostic, assessment, and therapeutic intervention services to individuals whose growth, adjustment, or functioning is actually impaired or is demonstrably at high risk of impairment.
5. Institution of Higher Education
  Institution of higher education means a university, professional school, or other institution of higher learning that:
  1. in the United States, is regionally accredited by bodies approved by the Council on Postsecondary Accreditation and the United States Office of Education;
  2. in Canada, holds a membership in the Association of Universities and Colleges of Canada; or
  3. in other countries, is accredited by the respective official organization having such authority.
6. Licensed
  Licensed means the authority to engage in the autonomous practice of psychology. The terms certified, registered, chartered, or any other term chosen by a jurisdiction used in the same capacity as licensed are considered equivalent terms.
7. Practice of Psychology
  Practice of psychology is defined as the observation, description, evaluation, interpretation, and/or modification of human behavior by the application of 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, behavioral health and mental health. The practice of psychology includes, but is not limited to, psychological testing and the evaluation or assessment of personal characteristics, such as intelligence, personality, abilities, interests, aptitudes, and neuropsychological functioning; counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and therapy; diagnosis and treatment of mental and emotional 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; and psychoeducational evaluation, therapy, remediation, and consultation. Psychological services may be rendered to individuals, families, groups, organizations, institutions and the public. The practice of psychology shall be construed within the meaning of this definition without regard to whether payment is received for services rendered (See Section L for exemptions). The provision of any of the above-mentioned services or activities by any means, including electronic or telephonic, constitutes the practice of psychology.
8. Professional Psychology Training Program
  Professional psychology training program means a doctoral training program that:
  1. is a planned program of study which reflects an integration of the science and practice of psychology including practice and internship;
  2. and, for applicants receiving their terminal degrees after 1990, is designated as a doctoral program in psychology by the Association of State and Provincial Psychology Boards and the National Register of Health Service Providers in Psychology, or is accredited by the American Psychological Association/Canadian Psychological Association.
9. Professional Relationship
  Professional relationship means a mutually agreed upon relationship between a psychologist and client(s) for the purpose of the client(s) benefiting from the psychologist's professional expertise.
10. Psychologist
  Psychologist means a person licensed to practice psychology in this or another jurisdiction.
11. Representation as a Psychologist
  A person represents himself or herself to be a "psychologist" if that person uses any title or description of services incorporating the words psychology, psychological, or psychologist, or if that person offers or renders to individuals, groups of individuals or corporate entities or other organizations services defined as the practice of psychology in the Act.
12. Certificate of Professional Qualification in Psychology (CPQ)
  Certificate of Professional Qualification in Psychology, or "CPQ" - the individual mobility credential issued by ASPPB and recognized by psychology regulatory boards to facilitate licensure of psychologists who have already been licensed as a psychologist for five years or more, where such license is based on a doctoral degree, and who have no history of disciplinary action above a reprimand.
13. Psychological Assistant
  A Psychological Assistant is an uncredentialed person who works under the supervision of a licensed psychologist and subject to that supervision is exempted from the requirement for licensure.
14. Psychological Associate
  A Psychological Associate is a person licensed to practice as a psychological associate under the requirements of the act and of these regulations, who may perform, under supervision and where qualified, services defined as psychology by the act.
(Name of Jurisdiction) Regulatory Board of Psychology
1. Creation of Board
  There is hereby created the ______________ (name of jurisdiction) regulatory board of Psychology (hereafter referred to as the Board) to regulate the practice of psychology in this jurisdiction in accordance with this Act and to otherwise enforce this Act.
2. Delegation of Duties
  The duties of determining a person's initial and continuing qualifications and fitness to practice psychology, proceeding against the unlawful and unlicensed practice of psychology, and enforcing this Act are hereby delegated to the Board. These duties shall be discharged in accordance with this Act and the rules and regulations promulgated by the Board. In order to carry out these delegated duties, the Board shall have the power and is hereby authorized to employ such personnel as necessary including, but not limited to: attorneys; investigators; hearing officers; examiners; court reporters; and other support personnel.
3. Authority to Promulgate Rules and Regulations
  In addition to the powers set forth elsewhere in this Act, the Board shall adopt rules and regulations to carry out the provisions of this Act. It is necessary that the powers conferred on the Board by this Act be liberally construed to protect the health, safety, and the welfare of the people of this jurisdiction.
4. Board Membership
  1. Number
    The Board shall consist of licensed psychologists and public member(s). At least one psychologist member shall be engaged in full-time teaching of psychology at the doctoral level, and at least one psychologist member shall be engaged in the full-time, independent practice of psychology. Board members shall reflect a diversity of practice specialties.
  2. Qualifications
    1. The public member(s) must reside in this jurisdiction and shall have lived in the jurisdiction for at least five years immediately preceding his/her appointment, have never been a psychologist, an applicant, or former applicant for licensure as a psychologist, a member of another mental health profession, or a member of a household that includes a psychologist, or otherwise have conflicts of interest or the appearance of such conflicts with his/her duties as a Board member.
    2. Each psychologist member must reside in this jurisdiction, have a current valid license, and have been licensed to practice psychology by this jurisdiction for at least five years immediately preceding their appointments. Each must be free of conflicts of interest or the appearance of such conflicts with his/her duties as board members.
  3. Term
    The term of office shall be five years, with provisions for reappointment for one additional term. Terms of service shall be staggered.
  4. Appointment of Members
    1. The members of the Board shall be appointed by the (name of appointing authority) at least 30 calendar days prior to the beginning of the Board term to be filled, or in the case of an unexpired term, the (name of appointing authority) shall fill the vacancy within 30 days of the vacancy's occurrence. Should the (name of appointing authority) not act as quickly as required by this paragraph, the Board member whose term has expired may serve until such time as an official appointment is made.
    2. The psychologist members of the Board shall be appointed by the (name of appointing authority) from nominees submitted by the (name of the jurisdiction) Psychological Association, and other interested organizations and individuals.
  5. Removal of Board Members
    The (name of appointing authority) shall remove any member from the Board if he or she:
    1. ceases to be qualified; or
    2. fails to attend three successive Board meetings without just cause as determined by the Board; or
    3. is found to be in violation of this Act; or
    4. is found guilty of a felony or an unlawful act involving moral turpitude by a court of competent jurisdiction; or
    5. is found guilty of malfeasance, misfeasance, or nonfeasance in relation to his or her Board duties by a court of competent jurisdiction.
5. Board Meetings
  1. The Board shall meet ___ times each year and at such additional times as may be necessary to carry out the duties of the Board; and
  2. Annually the Board shall elect a chairperson as well as any other officers necessary to carry out the duties of the Board; and
  3. A majority of the appointed Board members shall constitute a quorum for purposes of conducting the business of the Board; and
  4. Decisions of the Board dealing with the granting or denial of a license to practice, or discipline of a license holder, shall require a majority vote of all members of the Board. All other decisions of the Board may be made upon a majority vote if a quorum is present.
6. Board Liability
  A member of the Board or any employee or agent of the Board shall not be held subject to civil liability for any act performed in good faith and within the scope of the duties of the Board.
Funding
1. Revenues
  The Board shall be fully supported by the revenues generated from its activities, including fees, charges, and reimbursed costs.
2. Setting Fees and Charges
  The Board shall, from time to time, establish reasonable fees for applications, examinations, the issuance and renewal of licenses, and its other services. Fees shall be set so as to defray the cost of administering the provisions of this Act, including enforcement, and the cost of operating the Board.
3. Reimbursement
  Each member of the Board shall receive ___ dollars per diem when actually attending to the work of the Board. Members shall also receive the amount of reasonable travel, hotel and other necessary expenses incurred in the performance of their duties in accordance with the jurisdiction's rules and regulations.
Requirements for Licensure
1. General
  An applicant for licensure shall be at least _____ years of age and of good moral character.
2. Education
  An applicant for licensure must possess a doctoral degree from a program of graduate study in professional psychology, awarded by an institution of higher education, as such terms are defined in this Act and the rules and regulations of the Board.
  
  An applicant trained in an institution outside the United States or Canada must demonstrate to the satisfaction of the Board that he/she possesses a doctoral degree in psychology, the requirements for which were substantially similar to the requirements for a doctoral degree in professional psychology as defined in this Act.
3. Experience
  1. An applicant for licensure must demonstrate that he/she has completed two years of supervised professional experience, one year of which shall be an internship program, and one year of which shall be postdoctoral. Both years of supervised experience must be acceptable to the Board and comply with the specific guidelines set out in the Board's rules and regulations.
  2. For industrial and organizational psychologists, the applicant shall demonstrate that he/she completed two years of supervised professional experience as defined in the Board’s rules and regulations.
4. Examinations
  1. An applicant for licensure must pass the Examination for Professional Practice in Psychology at the ASPPB passing point.
  2. An applicant for licensure must pass any other written and/or oral examination(s) prescribed by the Board in its rules and regulations.
  3. The Board shall establish rules and regulations regarding reexamination of failed applicants.
5. Waiver of Examination(s)
  The Board may waive examination(s) if a psychologist has been licensed in another jurisdiction and if the requirements for licensure in that jurisdiction are equal to, or exceed, the requirements for licensure in this jurisdiction; or for senior psychologists as that term is defined in the rules and regulations of the Board.
6. Senior Psychologist
  Notwithstanding Section F. 1-6 above, the Board shall issue a license to an applicant who:
  1. has at least twenty years of licensure to practice psychology in a United States or Canadian jurisdiction when that license was based on a doctoral degree; and
  2. has had no disciplinary sanction during the entire period of licensure; and
  3. has passed this jurisdiction's complementary examination(s); and
  4. has tendered the appropriate application and fees as required in this statute or the rules and regulations of the Board.
7. Reciprocal Licensure
  Notwithstanding the provisions of Section F.1-6. above, the Board may issue a license to any individual who qualifies for such a license pursuant to an agreement of reciprocity entered into by the Board of this jurisdiction with the Board of another jurisdiction, with the boards of multiple jurisdictions, or the ASPPB Agreement of Reciprocity.
8. ASPPB Certificate of Professional Qualification in Psychology (CPQ)
  The Board shall accept the Certificate of Professional Qualification in Psychology (CPQ) issued by the Association of State and Provincial Psychology Boards or its successor organization as evidence that the applicant has met the requirements of Sections F.2. through F.4.a. above.
9. Provisional Licensure
  1. A provisional license may be issued to an applicant for permanent licensure who is in the process of completing the postdoctoral supervised work experience requirement for licensure. The applicant shall have met all educational requirements, including a doctoral degree in psychology as defined in section F-2 above and predoctoral supervised experience, to be eligible for a provisional license.
  2. A provisional license permits a candidate with a doctoral degree and requisite predoctoral experience to practice under supervision for a limited period of time while completing the postdoctoral supervised experience requirement. The provisional license will be granted for a period of one (1) year and shall be valid in a setting approved by the Board. One renewal may be granted by the Board upon application. Supervision of a person on a provisional license will be according to the Board’s requirements for postdoctoral supervision and supervisory evaluations shall be provided to the Board at least quarterly.
  3. The provisional licensee may sit for the EPPP during the postdoctoral supervision year.
  4. The provisional licensee may apply to the Board to sit for any additional examinations required by the Board after he or she documents completion of the postdoctoral supervision period.
  5. The provisional license becomes null and void at the end of its one-year or two-year term or when a permanent license is obtained. The provisional license must be returned to the Board.
  6. A person practicing with a provisional license is subject to the rules, regulations,standards of practice, codes of ethics, and any other guidelines adopted by the Board, as well as disciplinary action by the Board.
  7. A provisional licensee must be supervised by a psychologist approved by the Board. The minimum of one (1) hour per week of supervision will be provided. The provisional license candidate must submit for Board approval a Letter of Agreement signed by both the supervising psychologist and the provisional licensee. Interruptions to, or termination of, supervisory arrangements must be reported to the Board. In the temporary absence of the supervising psychologist, supervisory responsibilities must be transferred to another psychologist who agrees in writing to the terms of the supervision.
  8. A provisional licensee shall not engage in the independent private practice of psychology. If supervision occurs in another psychologist(s)’s private practice, details of supervision are subject to Board approval to determine compliance with subsection F-3 above.
  9. The provisional license shall be revoked if the Board determines that the Board requirements for supervision are not being met. Such revocation shall conform with notice and hearing provisions of the jurisdiction’s administrative procedures act.
  10. The provisional license shall set forth the fact that the licensee’s practice is subject to supervision and that the license is applicable only to work performed under such supervision.
Annual Renewal; Lapsed Licenses; Reinstatement; Continuing Professional Education
1. Each psychologist licensed under the provisions of this Act shall pay the annual license renewal fee established by the Board. Failure to pay the annual license fee within the time prescribed by the Board shall cause the license to lapse. Any psychologist whose license lapses for non-payment of the annual renewal fee shall for five (5) years thereafter, have the right to have his/her former license reinstated upon the payment of accrued annual fees and late penalties. However, in the event a psychologist is alleged to have violated any of the prohibitions on professional conduct found in Section M of this Act, the Board may, upon hearing and proof thereof, deny the reinstatement of the license, or revoke the right to apply for reinstatement of the license.
2. Notwithstanding the provisions of Section G, Subpart 1 above, every licensed psychologist shall complete at least 20 hours per year of continuing professional education meeting criteria adopted by the Board, where at least of the 20 hours in each renewal period shall consist of training in professional ethics and legal issues. The Board shall promulgate rules and regulations establishing the minimum criteria for the approval of continuing professional education programs required for renewal of a license and shall approve continuing professional educational programs and courses in accordance with the established criteria.
Prior Licensure
A person who is licensed as a psychologist under the provisions of (cite relevant section(s) of previous licensing law) as of the effective date of this Act shall be deemed to have met all requirements for licensure under this Act and shall be eligible for renewal of licensure in accordance with the provisions of this Act.
Interjurisdictional Practice of Psychology
1. An individual licensed to practice psychology in another jurisdiction may physically practice psychology in this jurisdiction without applying for a license, so long as the requirements for a license in the former jurisdiction are equal to, or exceed, the requirements for licensure in this jurisdiction, or if the psychologist is the holder of an ASPPB CPQ, and the psychologist limits his/her practice in this jurisdiction to no more than 30 days per year, as defined in the rules and regulations of the Board.
2. An individual licensed to practice psychology in another jurisdiction may practice psychology by electronic or telephonic means in this jurisdiction no more than 30 days per year without applying for a license, as long as the requirements for a license in the former jurisdiction are equal to, or exceed, the requirements for licensure in this jurisdiction, or if the psychologist is the holder of an ASPPB CPQ.
3. An individual licensed to practice psychology in another jurisdiction who is providing services in response to a declared disaster under the agreement between the American Red Cross and the American Psychological Association’s Disaster Response Network may practice psychology in this jurisdiction for no more than 60 days per year without applying for a license.
4. Any psychologist practicing pursuant to subdivisions 1, 2 or 3 above shall conform his/her practice to the mandates of this act, the rules and regulations of the Board and the ASPPB Code of Conduct.
5. And, any individual's privilege to practice under subdivisions 1, 2 or 3 above shall be subject to the prohibitions and sanctions for inappropriate, unprofessional, and/or unethical conduct contained in Section M of this statute and the provisions on hearings and investigations contained in Section N of this statute.
Temporary Authorization to Practice
Subject to the restrictions set out below, the Board may issue a temporary license to practice for not more than one (1) year to a psychologist who is licensed in another jurisdiction and who has applied for a license to practice psychology in this jurisdiction, provided that:
1. the requirements for licensure in the former jurisdiction are equal to, or exceed, the requirements for licensure in this jurisdiction; and
2. the applying psychologist meets the requirements for admission to the examination process in this jurisdiction; and
3. the psychologist is not the subject of a past or pending disciplinary action in another jurisdiction.
Scope and Limitation of Practice
1. Demonstrated Areas of Competence
  The licensee may practice in any area of psychology in which he/she is qualified; however, the Board shall ensure through its code of conduct and rules and regulations that licensees limit their practice to demonstrated areas of competence as documented by relevant professional education, training, and experience.
2. Prescriptive Authority
  1. Notwithstanding any other law to the contrary, the practice of psychology shall include the prescription and administration of psychotropic medications within the scope of practice of the profession.
  2. A psychologist who prescribes and administers psychotropic medications is required to meet the standards for training established by the Board.
Exemptions
1. Teaching and Research
  Nothing in this Act shall be construed to prevent the teaching of psychology, or the conduct of psychological research, provided that such teaching or research does not involve the delivery or supervision of direct psychological services to individuals who are themselves, rather than a third party, the intended beneficiaries of such services without regard to the source or extent of payment for services rendered. Nothing in this Act shall prevent the provision of expert testimony by psychologists who are exempted by this Act. Persons holding an earned doctoral degree in psychology from an institution of higher education may use the title "psychologist" in conjunction with the activities permitted in this subsection.
2. Other Licensed Professionals
  Nothing in this Act shall be construed to prevent members of other professions licensed under the laws of this jurisdiction from rendering services within the scope of practice as set out in the statutes regulating their professional practices, provided that they do not represent themselves to be psychologists, or their services as psychological.
3. Clergy
  Nothing in this Act shall be construed to prevent duly recognized members of the clergy from functioning in their ministerial capacities, provided that they do not represent themselves to be psychologists, or their services as psychological.
4. School Psychologists
  Nothing in this Act shall be construed to prevent persons who are credentialed as school psychologists by the (name of regulatory body for public education) from using the title "school psychologist" and practicing psychology as defined in this Act as long as such practice is restricted to regular employment within a setting under the purview of the (name of regulatory body for public education). Such individuals must be employees of the educational setting and not independent contractors providing psychological services to educational settings.
5. Students, Interns, and Assistants
  Nothing in this Act shall be construed to prevent persons set out in a. through c. below from engaging in activities defined as the practice of psychology, provided that such persons shall not represent themselves by the title "psychologist." Such persons may use the terms "psychological trainee," "psychological intern," "psychological resident," or "psychological assistant" provided that such persons perform their activities under the supervision and responsibility of a licensed psychologist in accordance with the rules and regulations promulgated by the Board.
  1. a matriculated graduate student whose activities constitute a part of the course of study for a graduate degree in professional psychology at an institution of higher education;
  2. an individual pursuing postdoctoral training or experience in professional psychology, including persons seeking to fulfill the requirements for licensure under the provisions of this Act; or
  3. a qualified psychological assistant employed by, or otherwise directly accountable to, a licensed psychologist. The Board, in its rules and regulations, shall establish the qualifications for use of the title "psychological assistant", the number of psychological assistants that a psychologist may employ, and the conditions under which they will be supervised.
Grounds for Denial, Suspension or Revocation of Licenses and other Disciplinary Sanctions
A psychologist, and anyone under his or her supervision, shall conduct his or her professional activities in conformity with ethical and professional standards promulgated by the Board under its rules and regulations.

The Board shall have the power and duty to deny, suspend, place on probation, and/or require remediation for any psychologist for a specified time, to be determined at the discretion of the Board, or to revoke any license to practice psychology or to impose other disciplinary sanctions, including administrative fines and the costs of disciplinary actions; whenever the Board shall find by a preponderance of the evidence that the applicant or psychologist has engaged in any of the following acts or offenses:
1. fraud in applying for or procuring a license to practice psychology;
2. immoral, unprofessional, or dishonorable conduct as defined in the rules and regulations promulgated by the Board;
3. the practice of psychology in such a manner as to endanger the welfare of clients or patients;
4. conviction of a felony (a copy of the record of conviction, certified to by the clerk of the court entering the conviction shall be conclusive evidence);
5. conviction of any crime or offense that reflects the inability of the practitioner to practice psychology with due regard for the health and safety of clients or patients;
6. harassment, intimidation, or abuse, sexual or otherwise, of a client or patient;
7. sexual intercourse or other sexual contact with a client or patient;
8. use of untruthful or deceptive or improbable statements concerning the licensee's qualifications or the effects or results of proposed treatment, including functioning outside of one's professional competence established by education, training, and experience;
9. gross or repeated malpractice, or gross negligence in the practice of psychology;
10. aiding or abetting the practice of psychology by any person not licensed by the Board;
11. conviction of fraud in filing Medicare or Medicaid claims or in filing claims to any third party payer (a copy of the record of conviction, having been certified by the clerk of the court entering the conviction, shall be conclusive evidence);
12. exercising undue influence in such a manner as to exploit the client, patient, student, or supervisee for financial or other personal advantage to the practitioner or a third party;
13. the suspension or revocation by another jurisdiction of a license to practice psychology or the right or privilege to practice on a temporary basis without a license or the right or privilege to practice by electronic or telephonic means without a license; a certified copy of the record of suspension or revocation of the jurisdiction making such a suspension or revocation or other disciplinary sanction shall be conclusive evidence thereof;
14. refusal to comply with any written order of the Board;
15. making any fraudulent or untrue statement to the Board;
16. violation of the code of conduct adopted in the rules and regulations of the Board;
17. violation of a rule or regulation promulgated by the Board;
18. inability to practice psychology with reasonable skill and safety to patients or clients by reason of illness, misuse of drugs, narcotics, alcohol, chemicals, or any other substance, or as a result of any mental or physical condition.
Board Hearings and Investigations
1. Investigations
  The Board may investigate or cause to be investigated any allegation or evidence that appears to show that a person is practicing psychology without a license, or a psychologist licensed to practice in this jurisdiction, and anyone under his or her supervision is, or may be, in violation of this Act or of any of the rules and regulations adopted by the Board.
2. Reporting Violations
  Any person who in good faith reports a violation to the Board shall be absolutely immune from civil liability for any statement or opinion made in such report.
3. Board Hearings
  Any hearing conducted by the Board shall comply with all the requirements of the jurisdiction's Administrative Procedures Act.
4. Waiver
  The licensee may waive any or all of his or her rights to a formal adjudicatory proceeding.
5. Compelling Attendance
  The Board shall have the right to conduct an ex parte hearing if, after due notice, the individual fails or refuses to appear. The Board shall have the authority to issue subpoenas for production of documents and witnesses and to administer oaths. The Board shall have the right to apply to a court of competent jurisdiction to take the appropriate action should a subpoena not be obeyed.
6. Emergency Suspension
  The Board may temporarily suspend the license of a psychologist without a hearing simultaneously with the institution of proceedings for a hearing provided under this section if the Board finds that evidence in its possession indicates that the psychologist's continuation in practice may constitute an immediate danger to the public.
7. Injunctive Relief
  The Board, or a representative thereof, is hereby authorized to petition a court of general jurisdiction in this jurisdiction for injunctive relief if such is necessary to enforce any of the provisions of this Act. Any such injunction may be issued in addition to, or in lieu of, the administrative and/or criminal sanctions provided for in this Act.
8. Determination of Mental or Physical Impairment
  When there is reasonable cause to believe that a psychologist or applicant for licensure to practice psychology is physically or mentally capable of practicing psychology with reasonable skill and safety to patients or clients, then upon a showing of probable cause to the Board that the psychologist or applicant is not capable of practicing with reasonable skill or safety, the Board may order the psychologist or applicant in question to submit to a psychological examination by a committee of three psychologists designated by the Board to determine psychological status to practice or a physical examination by a committee of three physicians designated by the Board to determine physical status to practice psychology. The expense of such an examination ordered by the Board shall be borne by the Board. The Board shall then consider the findings and conclusions of such examination committee(s) and any other evidence or material which may be submitted by the psychologist or applicant in question or any other individual. The Board shall then determine if the psychologist or applicant in question is qualified to practice psychology with reasonable skill and safety. If the Board determines that the psychologist in question is not qualified to practice psychology with reasonable skill and safety, then this finding shall constitute grounds for the revocation, suspension, or limitation of the license to practice or the denial of the application to practice psychology in this jurisdiction.
  
  Any psychologist whose license to practice is denied, revoked, suspended, or otherwise limited, or applicant for license as a psychologist whose application is denied due to a finding of mental or physical impairment, has a right to appeal the action of the Board pursuant to the provisions of this jurisdiction's Administrative Procedures Act.
  
  When mental or physical capacity to practice is at issue, every psychologist licensed to practice in this jurisdiction or any applicant for such license shall be deemed to have consented to submit to a mental or physical examination or any combination of such examinations and to waive all objections to the admissibility of such examinations or to previously adjudicated evidence of a mental or physical impairment. Refusal of a licensee or applicant for licensure to submit to such examination or release the results of such examination shall be just cause for the denial of application, the refusal to renew or suspension of the individual's license until such an examination is completed and the Board has made a determination of fitness to practice with reasonable skill and safety.
9. Reinstatement of License
  The refusal to renew a license or the limitation, suspension, or revocation of a license shall continue in accordance with an order of the Board unless modified by further order of the Board pursuant to a reinstatement hearing. The individual seeking reinstatement must request such a hearing and shall submit to and bear the expense for any investigation or examination required by the Board to determine fitness to practice.
10. Voluntary Surrender
  A psychologist may surrender his or her license when such person is charged with unethical conduct and upon receipt of that charge, that person decides to surrender the license. Such surrender and acceptance by the Board shall constitute acknowledgment by the psychologist of guilt as charged. Such surrender shall not rescind the jurisdiction of the Board to proceed to a formal adjudication of the matter.
Appeals
Any psychologist, or applicant for licensure as a psychologist, whose license to practice is denied, revoked, suspended or otherwise limited pursuant to section M or N above shall have the right to appeal the action of the Board pursuant to the provisions of this jurisdiction's Administrative Procedures Act.
Privileged Communication
1. General
  The confidential relations and communications between licensed psychologists and their clients are placed on the same basis as those provided by the law between attorneys and clients.
2. Judicial Proceedings
  In judicial proceedings, whether civil, criminal, or juvenile; in legislative and administrative proceedings; and in proceedings preliminary and ancillary thereto, a patient or client, or his or her guardian or personal representative, may refuse to disclose or prevent the disclosure of confidential information, including information contained in administrative records, communicated to a psychologist licensed or otherwise authorized to practice psychology under the laws of this jurisdiction, or to persons reasonably believed by the patient or client to be so licensed, and their agents, for the purpose of diagnosis, evaluation, or treatment of any mental or emotional condition or disorder. In the absence of evidence to the contrary, the psychologist is presumed authorized to claim the privilege on the patient's or client's behalf.
3. Exceptions
  This privilege may not be claimed by the patient or client, or on his or her behalf by authorized persons, in the following circumstances:
  1. where abuse or harmful neglect of children, the elderly, or disabled or incompetent individuals is known or reasonably suspected;
  2. where the validity of a will of a former patient or client is contested;
  3. where such information is necessary for the psychologist to defend against a malpractice action brought by the patient or client;
  4. where an immediate threat of physical violence against a readily identifiable victim is disclosed to the psychologist;
  5. where an immediate threat of self-inflicted damage is disclosed to the psychologist;
  6. where the patient or client, by alleging mental or emotional damages in litigation, puts his or her mental state at issue;
  7. where the patient or client is examined pursuant to court order; or
  8. when the purpose of the proceeding is to substantiate and collect on a claim for mental or emotional health services rendered to the patient or any other cause of action arising out of the professional relationship;
  9. in the context of investigations and hearings brought by the patient or client and conducted by the Board, where violations of this Act are at issue.
Severability
If any section in this Act or any part of any section thereof shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remaining section or parts thereof of this Act.
Effective Date
This Act shall become effective upon the date it is signed by the (cite appropriate authority) or on the date it otherwise becomes effective by operation of law.

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