Model Publications

Model Regulations

The Model Regulations were developed to complement the Model Act for Licensure of Psychologists . These model regulations supply the detailed sections that jurisdictions might find helpful in developing either new regulations or changes in regulations.

1. 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.

2. 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.

3. Definitions

   C.1    The _________________ Board of Psychology hereby adopts by reference as its rule, ASPPB Model Act, Definitions, section C, 1-14, and its amendments.

   C.2    Immoral, unprofessional, or dishonorable conduct is conduct that violates the accepted standards of practice through neglect, exploitation, harm, abuse, and/or tends to bring reproach or disrepute to the profession of psychology

4. Organization and Proceedings of Board

   D.1    Board
   The board is created by and functions in accordance with section D of the ASPPB Model Act.

   D.2    Duties

   1. The board shall maintain records including: files for every licensure applicant and licensee, board minutes, board rules, and other records as required by jurisdictional law or regulation.
   2. The board shall make available to the public, for inspection or for copying, any public record as that term is defined in the jurisdiction’s public records law. The board office may levy a reasonable charge to defray costs of copying public records.
   3. Official actions of the board are those actions approved by vote of the board members as recorded in the minutes of the board.

   D.3    Rules and Regulations
   The board shall promulgate rules and regulations to implement the practice act in accordance with the jurisdiction’s administrative procedures act.

   D.4    Board Membership

   1. Board Officers
      The board shall hold an annual business meeting and elect a chairperson and other officers necessary to carry out the business of the board. Terms of office shall be one year or until a successor is elected.
   2. Board Member Expenses
      1. Board members are eligible for reimbursement for board service expenses.
      2. Board members shall be compensated for service in accordance with the jurisdiction’s laws, rules and/or policies

   D.5    Board Meetings

   1. The board shall conduct meetings in accordance with Keesey’s Rules of Parliamentary Procedure.
   2. The board shall provide public notice of its meetings in accordance with the applicable open meetings law.
   3. Board meetings are open to the public except where confidential or executive session is authorized or required by the jurisdiction’s open meeting law.
   4. Unless otherwise prohibited by law, a board member may participate in a meeting of the board by means of telephone or video conference equipment or other similar electronic means.

5. Funding

   E.1    The board has established the following fees:

   Application processing $_____________
   Examination fee $__________________
   Interjurisdictional practice registry fee $ ____________
   License renewal $__________________
   Late renewal $_____________________
   Verification of license/endorsement to another jurisdiction $ _____________
   Additional/replacement certificate $_____
   Returned check fee $________________
   Reactivation fee $__________________
   Foreign credential review fee $________
   Reexamination fee $ _______________

   E.2    All fees are nonrefundable.

6. Requirements for Licensure as a Psychologist

   F.1    Licensure Applications Generally

   1. Applicants for licensure must complete application forms as required by the board and pay required application fees.
   2. Applicants for licensure must document that they have met the requirements in sections F-2 and F-3 below before being authorized to sit for the EPPP or other examination(s) required by the board, except as allowed under section F-7 Provisional Licensure below.

   F.2    Education
   A doctoral degree in psychology is one that at the time the applicant’s degree was awarded met the following criteria:

   1. The degree is from a doctoral psychology program in an Institution of Higher Education accredited by the American Psychological Association (APA) or the Canadian Psychological Association (CPA) or listed as designated in Doctoral Psychology Programs Meeting Designation Criteria; or
   2. A graduate of a doctoral program that is neither listed in Doctoral Psychology Programs Meeting Designation Criteria nor accredited by the American Psychological Association (APA) or the Canadian Psychological Association (CPA) must show that the program meets the following criteria:
      1. Doctoral training is offered in a regionally accredited institution of higher education. Regional accreditation refers to accreditation by a recognized regional accreditation body in the United States, an institution with provincial authorization or charter in Canada, or in other countries outside of the United States or Canada by National Association of Credential Evaluation Services (NACES).
      2. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues, web sites, and brochures its intent to educate and train professional psychologists; "Professional psychology" refers to psychology as a profession. The term is not intended in the more restrictive sense of applied or practice areas of psychology;
      3. The psychology program must stand as a recognizable, coherent organizational entity within the institution;
      4. There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;
      5. The program must be an integrated, organized sequence of study;
      6. The formal training program must include a coordinated practicum experience that totals at least two (2) semesters of practicum and one (1) year in a predoctoral practicum setting and must meet the guidelines set by the American Psychological Association or the Canadian Psychological Association or meet other supervised practicum, internship, field or laboratory training requirements appropriate to education and specialty of the applicant;
      7. There must be an identifiable psychology faculty and a psychologist responsible for the program. This is considered to include an identifiable psychology faculty on-site sufficient in size and breadth to carry out faculty program responsibilities.
      8. The program must have an identifiable body of students who are matriculated in that program for a degree;
      9. The doctoral program shall involve at least one continuous academic year of full-time residency or two (2) years of half-time residency on the campus of the institution from which the degree is granted;
      10. The curriculum shall encompass a minimum of three (3) full years of graduate study. In addition, a minimum of a full semester course in each of the following areas must be taken: research design and methodology, and statistics and psychometrics. The core program shall require each student to demonstrate competence in each of the following substantive content areas. This typically will be met in the U.S. by including a minimum of three or more graduate semester hours (five or more graduate quarter hours) in each of the five content areas; and in Canada by including a minimum of 45 hours of instruction in each of the five content areas:
          1. Biological bases of behavior: physiological psychology, comparative psychology, neuropsychology, sensation and perception, psychopharmacology;
          2. Cognitive bases of behavior: learning, thinking, motivation, emotion;
          3. Social bases of behavior: social psychology, group processes, organizational and systems theory;
          4. Individual differences: personality theory, human development, abnormal psychology;
          5. Scientific and professional ethics and standards.
      11. In addition, all professional education programs in psychology will include course requirements in specialty areas.
   3. Documentation of Education
      Application forms must be submitted and a certified transcript of courses completed must be received directly from the university or program that granted the applicant’s doctoral degree(s) unless the applicant holds a Certificate of Professional Qualification in Psychology (CPQ), in which case, the CPQ will be accepted as the primary source documentation.

   F.3    Experience

   1. Supervised Experience
      The _________________ Board of Psychology hereby adopts by reference as its rule, ASPPB Supervision Guidelines, section entitled Guidelines for Supervision of Doctoral Level Candidates for Licensure.

   F.4    Objective Examinations

   1. The written examination used by the board for assessing entry-level competence to practice psychology shall be the Examination for Professional Practice in Psychology (EPPP).
      1. The EPPP shall be administered by the board or by its designee in accordance with the policies of the EPPP as established by the Association of State and Provincial Psychology Boards (ASPPB) and its examination contractor(s).
      2. Applicants desiring to take the written examination must have submitted a complete application to the board no later than ____ days prior to the desired date for taking the examination.
      3. The board has determined that a passing score on the EPPP shall be the ASPPB-recommended passing score (which on the pencil and paper version administered through 2001 is 70 percent or a raw score of 140, or for examinations after April 1, 2001, a scaled score of 500 for licensure for independent practice, and 450 for licensure/certification of supervised practice).
      4. The applicant shall be notified of his or her score, as well as of his or her passing or failing the examination, by the board or the board’s designee.
      5. In the event of an applicant’s failure of the exam, the applicant must reapply for authorization to sit for the examination and must pay a reapplication fee and the examination fee. Upon authorization, the candidate shall schedule a test date with the test delivery vendor according to board and test vendor policies and instructions.
      6. An applicant may take the examination no more than four (4) times in a 12-month period; said period is calculated from the first date he or she took the EPPP.
      7. Individuals who have taken the EPPP in another jurisdiction and whose score meets the passing score required in subsection 3 above may have their score on the EPPP transferred to the board by the Score Transfer Service maintained by ASPPB.
   2. Applicants seeking an accommodation(s) for exam administrative purposes under the Americans with Disabilities Act shall complete a form provided by the board documenting his or her disability. Such request must be made at the time of application to the board but in no event later than 10 days prior to the desired test date. Accommodation requests will be ruled upon by the board, and the board shall notify the test delivery site of any accommodation(s) granted.

   F.5    Optional Examinations

   1. Jurisprudence Examination
      An oral/written examination shall assess the applicant’s knowledge of _____________’s (jurisdiction name) law regulating the practice of psychology as well as his or her understanding of ethics and standards of practice. At the board’s discretion, this examination may be conducted in whole or in part by means of a written examination administered by the board.
      1. The board shall establish a passing score on the jurisprudence exam.
      2. A failing candidate must reapply on the proper application form and pay the examination fee.
   2. Oral Examination
      1. The board will devise an oral examination that complies with the purposes and format set forth in the ASPPB Oral Examination Guidelines, and will conduct the examination in accordance with the ASPPB Oral Examination Guidelines.
      2. The board will offer the oral examination at least two (2) times per year. A candidate may take the oral examination after passing the EPPP.
      3. After two (2) failures on the oral examination, the applicant must obtain and document additional appropriate education and/or experience to become eligible to take the oral examination a third or subsequent time.

   F.6    Foreign-Trained Applicants

   1. An applicant trained in a program or institution outside the U.S. and Canada must demonstrate to the satisfaction of the board that he or she possesses a doctoral degree in psychology,
   2. An applicant whose application is based upon a degree from a program outside the U.S. and Canada shall provide the board with documentation and evidence to establish that his or her education is substantially similar to the criteria in section F-2 above. The applicant shall have their credentials evaluated by a member of NACES. The applicant shall provide the board with the following, at a minimum:
      1. An original diploma or other certificate of graduation, which will be returned, and a photocopy of such a document, which will be retained by the board;
      2. A transcript or appropriate documentation of all course work completed;
      3. A certified translation of all documents that are submitted in a language other than English;
      4. Satisfactory evidence of predoctoral and postdoctoral supervised experience;
      5. A statement based on the documents above that indicates the sequence of studies, training and research. The format of this statement should be comparable to a transcript issued by a U.S./Canadian university.
   3. The board may also consider or require analysis of whether the educational program of the applicant is substantially equivalent to that required of U.S. and Canadian applicants; such analysis shall be made by a member of NACES. Final review and decision will be made by the board.
   4. A foreign-trained applicant must document compliance with the supervised experience requirement in section F-3 above and satisfy the examination requirements set out in section F-4 above.

   F.7    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 requirement for postdoctoral supervision in section F-3A. 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 or two-year terms 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 face-to-face supervision must be provided. The provisionally licensed 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.

   F.8    Reciprocal Licensure

   1. The board shall grant a license, upon application, payment of applicable fees, and passage of any oral or written jurisprudence exam required by the board, to a person who:
      1. applies pursuant to the ASPPB Agreement of Reciprocity or another agreement of reciprocity recognized by the board; and
      2. holds a current license in good standing from a jurisdiction that is a signatory to the ASPPB Agreement of Reciprocity or another reciprocity agreement entered into by the board;
      3. has been licensed to practice psychology at the independent practice level for no less than five (5) years; or qualifies as a Senior Psychologist by holding a license for 20 years; and
      4. has not had a disciplinary action greater than a reprimand taken against his or her license nor has a pending complaint against his or her license in any jurisdiction.
   2. An applicant under this section shall make application on forms provided by the board and shall pay application and licensure fees as set out in section E-1.
   3. An applicant under this section is authorized to practice psychology only after being licensed by the board unless authorized to practice under another section of the Act or the rules of the board.

   F.9    ASPPB Certification of Professional Qualification in Psychology (CPQ)

   1. The board shall grant a license, upon application, payment of applicable fees, and passage of any oral or written jurisprudence exam required by the board, to any person who has met the requirements for and holds a current Certificate of Professional Qualification in Psychology (CPQ) issued by the Association of State and Provincial Psychology Boards (ASPPB).
   2. An applicant under this section shall make application on forms provided by the board and shall pay application and licensure fees as set out in E-1.
   3. An applicant under this section is authorized to practice psychology only after being licensed by the board unless authorized to practice under another section of the Act or the rules of the board.

7. Licensure Status; Renewals; Inactive Status; Continuing Professional Education; Reinstatement

   G.1    Status of licenses.

   1. Active license.
      An active license is a license issued or renewed by the board for the current licensing period by payment of the appropriate fee and by obtaining continuing professional education hours as required by the board. The renewal fee shall be _____ and is due on _______ of each odd/even-numbered year. The active license is the only status that is valid for the practice of psychology. It is a responsibility for each licensee to keep the board informed of his or her current address.
   2. Inactive license.
      Inactive license status shall not be valid for the practice of psychology; however, active status may be reestablished upon payment of the current renewal fee and documentation of the continuing professional education requirement for that licensing period, without penalty, if the board establishes that there are no known impediments to licensure and there are no unresolved complaints on file with the board or the board of any other jurisdiction. Inquiries concerning the credentials of a psychologist whose license is inactive shall be honored by the board.
      1. Application for inactive status. A licensee with an active license may apply to the board for inactive licensure status by submitting a completed application form provided by the board and remitting an application fee and any other applicable fees. A psychologist on inactive status is required to pay the biennial renewal fee.
      2. A psychologist who holds an inactive license may not practice psychology but may continue to use the title "psychologist."
      3. Reactivation of inactive licenses. A licensee may reactivate his or her license by making application on the form available from the board. To reactivate, the inactive licensee will be required to document compliance with the continuing professional education requirement of the last preceding renewal period. The licensee must report any criminal conviction or any disciplinary action taken against the licensee by any licensing board or agency. If the licensee has any outstanding administrative fines, the license may not be reactivated to active status until all administrative fees are paid.
      4. A licensee who has retired from active practice and who no longer pays a fee for either an active or inactive license and who has no disciplinary charges pending, may not practice but may continue to use the title psychologist.
   3. Lapsed license.
      A license is considered lapsed when a psychologist fails to pay the biennial license renewal fee established by the board within a sixty (60)-day grace period after the date for renewal. If the licensee fails to renew the license, either by failure to pay the appropriate renewal fee or failure to meet continuing professional education requirements, within the sixty (60)-day grace period, the license shall lapse. A lapsed license is invalid for the practice of psychology until renewal requirements are met and the license is reactivated.
      1. After the renewal date has past, the board shall mail to the licensee, at his or her most recent address on file with the board, a certified letter notifying the licensee that the renewal fee is past due and payable and must be remitted before the end of the sixty (60)-day period following the renewal date to avoid a late penalty and lapse of license.
      2. Should the licensee fail to renew the license before the end of the sixty (60)-days following the renewal date, a late penalty in the amount of fifteen (15) percent of the renewal fee shall be assessed. The board shall mail to the licensee at his or her most recent address on file with the board, a certified letter informing the licensee of lapsed status of his or her license and of the late penalty.
      3. Additional late penalties shall be assessed in the amount of: ten (10) percent of the renewal fee originally due at the end of the first quarter (third month) following the renewal date, and then twenty-five (25) percent of the renewal fee originally due on the last day of each quarter thereafter. Said penalties shall continue to accrue until the renewal fee is paid or until five (5) years following the renewal date.
      4. Until the end of the fifth year following the licensee’s failure to renew, the board shall reinstate the license upon payment of the current renewal fee and all penalties if the board establishes that there are no known impediments to licensure. It is the responsibility of the psychologist to complete and document the required number of continuing professional education hours for the entire period.
      5. Inquiries to the board concerning the credentials of psychologists whose licenses are lapsed and, therefore, invalid shall be answered with the statement that the license has not been renewed by the psychologist in question.

   G.2    Renewals

   1. Licensees of the board shall renew their licenses no later than __date__ of every ________ year.
   2. The board shall transmit to licensees at least sixty (60)-days in advance of the biennial renewal date a renewal notice containing the renewal date, renewal fee required, and remittance address. Said notice shall be mailed to the last address on file with the board.
   3. Renewal of an active license. To renew an active license, the licensee must remit to the board the license renewal fee for active licenses and sign a statement certifying that the licensee has completed twenty (20) hours of approved continuing professional education per year since the last renewal and where the license is not subject to disciplinary action for any of the reasons set out in section M of the ASPPB Model Act.
   4. Renewal of an inactive license. To maintain an inactive license (see section G-1B above), the licensee must remit the renewal fee for the inactive status and sign a statement certifying that the licensee has neither practiced psychology nor violated any of the laws or regulations of the board since the date on which the license was first placed on an inactive status.
   5. The board reserves the right to waive renewal fees for psychologists who have documented cases of extreme hardship.

   G.3    Continuing Professional Education
   The _________________ Board of Psychology hereby adopts by reference as its rule, ASPPB Continuing Professional Education Guidelines.

   G.4    Reinstatement of a license shall be subject to the following conditions:

   1. A person whose license has been suspended or restricted shall document compliance with the continuing professional education requirements during the period of suspension or restriction.
   2. Should a licensee seek to reinstate his or her license five (5) years or longer after it lapsed, the board shall require the individual to complete a new application, meet licensure requirements in place at the time of application, pass an examination required by the board, pay the appropriate fees, including any penalty fees, and meet the continuing professional education requirements.
8. Prior Licensure

   H.1    A person licensed under a prior version of an Act must comply with the current Act and all rules and regulations promulgated by the board.

   H.2     A person applying for renewal of his or her license under section G of the ASPPB Model Act must meet the same requirements for renewal as all other licensees, including:

   1. Payment of renewal fees, including fees and balance due and/or late fees;
   2. Compliance with continuing professional education requirements as required in subsection G-3; and
   3. Completion of any terms or remedial actions required by the board related to a disciplinary action.
9. Interjurisdictional Practice/Telepractice

   I.1     Pursuant to the ASPPB Model Act section I, the board has jurisdiction of individuals providing psychological services as defined by the Act to individuals or entities within this jurisdiction, whether the individual providing such services or performing such act(s) is physically located within or without this jurisdiction at the time of the provision of services or performance of the act(s).

   I.2     An individual practicing psychology in this jurisdiction under this section shall provide to any client to whom he or she provides services and to any entity relying on his or her expertise the following information:

   1. The psychologist’s full name, permanent address, and each jurisdiction of licensure;
   2. The psychologist’s areas of competence based on his/her education, training, and experience;
   3. A telephone number where the psychologist may be reached; and
   4. Any limitations on the confidentiality of communications between the psychologist and the client, including traditional limitations, as well as those created by use of electronic or other technology.
   5. Provides such services under the generally accepted standards for telepractice.

   I.3     The board shall conduct investigations and hearings of complaints involving psychologists practicing under this section in accordance with section N of the Act, section N of these Rules, and the administrative procedures law of this jurisdiction. Any action more severe than a reprimand taken by the board against the license of a telepracticing professional shall be reportable to the ASPPB Disciplinary Data Bank.

10. Temporary Authorization to Practice

    J.1    A temporary license is available to applicants for licensure who are licensed in another jurisdiction as follows.

    1. The requirements for licensure in the jurisdiction where the individual is licensed must be substantially equivalent to or exceed the requirements in this jurisdiction.
    2. An applicant must submit a written request for a temporary license with his or her application for licensure along with the appropriate fee and document that he or she holds a current license in good standing in a jurisdiction of the U.S. or Canada.
    3. The board may require a personal interview with the applicant.
    4. A temporary license is valid for one (1) year.
    5. The holder of a temporary license is subject to all the provisions of the Act and the rules of the board.
11. Scope and Limitation of Practice

    K.1    Demonstrated Areas of Competence
    The _________________ Board of Psychology hereby adopts by reference as its rule for Competence, the ASPPB Code of Conduct, Section III., Rules of Conduct, A. Competence, and its amendments.

    K.2    Prescriptive Authority
    The _________________ Board of Psychology hereby adopts by reference as its rule, ASPPB Prescriptive Authority Guidelines.

12. Exemptions

    L.1    Students and Trainees
    Matriculated graduate students in psychology and psychological trainees are exempted from the requirement to have a license as set out in the Act.

    L.2    Uncredentialed Personnel

    1. An individual with a bachelor's degree in psychology or a degree with substantial psychological content acceptable to the board may perform services as an employee of and under the supervision of a psychologist in accordance with these rules. Such an individual may use the title of psychological assistant.
    2. Uncredentialed personnel may engage in aspects of the practice of psychology only at the direction of and under the supervision of a psychologist and may not hold themselves out to the public as a psychologist or as independently providing psychological services.
    3. Supervision of Uncredentialed Personnel
       The _________________ Board of Psychology hereby adopts by reference as its rule, the Guidelines for Supervision of Uncredentialed Personnel Providing Psychological Services set out in the ASPPB Supervision Guidelines.
13. Grounds for Denial, Suspension or Revocation of Licenses and Other Disciplinary Sanctions

    M.1    The board may deny, suspend, or revoke any license to practice psychology, or otherwise discipline an applicant or a licensee upon proof that the person:

    Is guilty of violating any of the grounds enumerated in ASPPB Code of Conduct or any subsequent revision to the Code.

    M.1    For purposes of these disciplinary actions the _________________ Board of Psychology hereby adopts by reference as its rule, the ASPPB Code of Conduct.

    M.3    Any person licensed by this board shall cooperate fully and in a timely manner with the board in any investigation of a complaint or any other matter pertinent to the board and its mission.

14. Board Hearings and Investigations

    N.1    Investigations

    1. The board shall receive and process complaints regarding licensees or other individuals suspected of violating the act.
    2. Upon receipt of a written complaint alleging that a licensee has violated the ASPPB Code of Conduct by committing one or more of the actions specified as grounds for disciplinary action, the board shall provide for an investigation to determine if there is sufficient evidence to warrant disciplinary proceedings.
    3. When an investigation discloses that disciplinary action is not warranted, the investigative file shall be closed, provided that the board may reinvestigate at any time if circumstances so warrant.
    4. The board may appoint, utilize, or employ investigators to investigate allegations of violations of the laws or rules of the board.

    N.2    Board Hearings

    1. Hearings shall be conducted in accordance with the jurisdiction’s administrative procedure act.
    2. If the board does not appoint a hearing officer, the board may designate a member of the board who shall have the authority to address and decide pre-hearing or preliminary matters on behalf of the board. The designated member may issue subpoenas and subpoenas duces tecum and rule on routine, non-dispositive matters, such as unopposed or stipulated motions to change venue, and unopposed or stipulated motions for a continuance of a hearing date filed at least seven (7) days prior to the scheduled hearing date
    3. Notice/Citation for Hearing
       The notice or citation shall be sent to the respondent by personal service or by registered mail at the last known address for that licensee, not fewer than thirty (30) days before the date of the hearing or a shorter time if allowed by the administrative procedure act.

    N.3    Hearing

    1. Hearings of the ________________ shall be conducted in compliance with the jurisdiction’s public meeting law and administrative procedures laws.
    2. At a hearing:
       1. The testimony of witnesses shall be taken under oath,
       2. There shall be a right to compel the attendance of witnesses and cross examine such witnesses and present evidence in defense and rebuttal; and
       3. Where the respondent does not attend, the board may:
          1. proceed with the hearing in the respondent's absence on proof of receipt of the notice/citation by the respondent or proof that the notice requirement of the jurisdiction’s administrative procedures act has been met, and
          2. without further notice to the respondent, take any action that is authorized to take under the act and/or regulations.

    N.4    Informal Settlement/Consent Agreement

    1. The board, at its discretion, may enter into a consent agreement with the respondent in lieu of further disciplinary proceedings.
    2. Informal settlement of a disciplinary complaint against a licensee by consent agreement shall be a public record in accordance with this jurisdiction’s public records law.

    N.5    Notification and Publication of Disciplinary Actions

    1. The board shall make public disciplinary actions taken by the board against a licensee in accordance with this jurisdiction’s public records law and shall notify other regulatory and professional bodies including the ASPPB Disciplinary Data System.
    2. Informal settlements are disciplinary actions reportable to disciplinary/adverse action databases.

    N.6     Emergency Suspension

    1. In situations where there is potential for imminent physical, emotional, or other psychological harm to a client or to the public because of a licensee’s conduct or practice, the board may summarily suspend a licensee’s license in accordance with the jurisdiction’s administrative procedures act. However, at the time of said emergency suspension a hearing date shall be established and said hearing shall be held within one hundred and twenty (120) days of the date of emergency suspension and in no event shall the emergency suspension remain in effect longer than one hundred and twenty (120) days without the aforesaid hearing.
    2. In the event of emergency suspension, the licensee shall notify his or her clients of the action and take the appropriate steps to refer or transfer clients to other appropriate providers.

    N.7     Injunctive Relief

    1. The board, at its discretion, may pursue injunctive relief against a licensee of the board as otherwise provided by law.
    2. No provision of this chapter shall prohibit the board from seeking other relief or penalty, either civil or criminal, regarding a licensee of the board.

    N.8    Determination of Mental or Physical Impairment

    1. If required by the board in its investigation or handling of a complaint, the medical/psychological records of a licensee shall be provided to the board within a reasonable time of the board’s request.
    2. For the purposes of this section medical records shall mean, at a minimum, any records of treatment for physical, mental, or emotional condition or disorder.
    3. As part of a disciplinary proceeding, the board, at its sole discretion, may require a licensee of the board to obtain such psychological or medical evaluations as the board determines are necessary to determine the licensee’s competence or fitness to practice psychology. Persons performing such evaluations shall be subject to the approval of the board. Results of such evaluations shall be provided to the board within thirty (30) days of the request to the licensee.
    4. Costs of obtaining medical records or evaluations as defined in this section shall be borne by the licensee.

    N.9    Reinstatement of License

    1. Any person whose license has been revoked by the board under the provisions of this section may, subsequent to such board action, submit to the board a petition for reinstatement of his/her license.
    2. The board in its discretion may, after a hearing, grant or deny the reinstatement, or may reinstate the license on probation with conditions.

    N.10   Voluntary Surrender

    1. The board, at its sole discretion, may accept or refuse to accept the voluntary surrender of a license to practice psychology by a licensee of the board.
    2. Such voluntary surrender shall not exempt the licensee from other disciplinary sanctions by the board as provided for by these regulations and relevant statute.
    3. Persons voluntarily surrendering a license under this section may reapply for license to practice psychology as provided in section N-9 above.
15. Appeals
    A psychologist, or applicant for licensure as a psychologist, whose license to practice has been denied, revoked, suspended or otherwise limited pursuant to sections G, M or N of the Model Act by a final decision of the board, may appeal the decision by applying for a judicial review in accordance with the provisions of the jurisdiction’s Administrative Procedure Act.
16. Privileged Communication
    All licensees are expected to comply with section P of the ASPPB Model Act.

    P.1    Client Records
    The _________________ Board of Psychology hereby adopts by reference as its rule for the maintenance of client records, the ASPPB Code of Conduct, Section III., Rules of Conduct, A. Competence, 6) Maintenance and retention of records, and its amendments.

    P.2    A psychologist shall provide for the confidential disposition of records in the event of a psychologist’s withdrawal from practice, incapacity, or death. The psychologist shall make arrangements for an appropriate individual or entity to maintain or dispose of his or her files in the event of his/her withdrawal from practice, incapacity, or death.

    P.3    The psychologist shall maintain the confidentiality of all psychological records in the psychologist’s possession or under the psychologist’s control except as otherwise provided by law or pursuant to written or signed authorization of a client specifically requesting or authorizing release or disclosure of the client’s psychological records.

    P.4    Confidentiality Generally

    1. Psychologists may not, without the written consent of their client or client’s authorized legal representative, or the client’s guardian by order as the result of incompetency proceedings, divulge information acquired in the course of their professional service on behalf of the client. Information may be revealed with the consent of the client after full disclosure to the client. Psychologists shall exercise reasonable care to prevent their employees, associates, and others whose services are utilized by them from disclosing or using information about their clients.
    2. Judicial proceedings. If the psychologist is subpoenaed for confidential information, he or she may not release that information without the written consent of the client or guardian of the client unless ordered to do so by a court of competent jurisdiction. If the psychologist is ordered by the court to release the privileged communication, the psychologist may do so without the client’s consent.
17. Severability
    If any section in these regulations or any part of any section thereof shall be adjudged by any court or competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remaining section or parts thereof of this act.

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