Psychologist licensure.

WORKING DRAFT
2008
STATE OF
WYOMING
08LSO-0044.E1

HOUSE BILL
NO.
HB0013

Psychologist licensure.

Sponsored by:
Select Committee on Mental Health and Substance Abuse Services

A BILL

for

AN ACT relating to the Wyoming state board of psychology; amending the psychologists licensing act; providing for application of licensing act; removing separate licensing requirements related to school psychologists; revising the composition of the state board of psychology as specified; providing for issuance of temporary licenses to practice psychology as specified; revising the grounds and evidentiary standard for disciplinary actions as specified; authorizing the state board to employ specified personnel; amending and adding definitions; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 33
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113(a)(iii)(intro), by creating new subparagraphs (E) through (J), (v), (vi), (viii)(A), (B), by creating new paragraphs (x) through (xii), by renumbering (x) as (xiii) and by creating a new subsection (b), 33
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114(a), (d), (e)(iii)(intro), (f)
(intro),
(ii) and by creating a new subsection (g), 33
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115(a), 33
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116(a) and by creating a new subsection (n), 33
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117(a) through (c) and by creating a new subsection (e), 33
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119(a)
,
(b) and (d), 33
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120(a), (b)(intro), (i), (iii), (iv), (v), (ix), (x), (xi), (xiii) and (xvii), 33
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122(a), (e), (f), (g), (h)(intro) and (iii) and 33
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123(a)(intro), (iii), (iv) and (v) are amended to read:

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113.

Definitions.

(a)

As used in this act:

(iii)

"Practice of psychology" means
:

the observation, description, evaluation, interpretation and modification of human behavior by the application of psychological principles, methods and 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. Psychological services may be rendered to individuals, families, groups 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. The practice of psychology includes, but is not limited to:

(E)

Assessment of individual, family or group behavioral, emotional or intellectual functioning for one (1) or more of the following purposes:

(I)

Diagnosing mental disorders;

(II)

Identifying psychological or neuropsychological aspects of other dysfunctions, diseases or disabilities;

(III)

Evaluating mental or emotional status, including intelligence and aptitude;

(IV)

Identifying personality characteristics;

(V)

Identifying psychological factors influencing well-being;

(VI)

Selecting, placing or referring into treatments, programs or settings;

(VII)

Evaluating the effectiveness of psychological treatments, programs or settings;

(VIII)

Preventing, by the application of psychological principles, methods and procedures, mental disorders or maladaptive behavior related to other dysfunction, disease or disability.

(F)

Engaging in a therapeutic relationship with an individual, family or group for one (1) or more of the following purposes:

(I)

Improving the quality of mental health or social adjustment;

(II)

Reducing, preventing, modifying or eliminating maladaptive or undesired behaviors, cognitions, emotions or psychological or physical characteristics;

(III)

Treating diagnosed mental disorders by the application of psychological principles, methods and procedures;

(IV)

Improving individual performance;

(V)

Modifying cognitions, emotions or behaviors, or any combination of these, in order to influence psychological well-being; or

(VI)

Psychological research.

(G)

Engaging in a psychological consulting relationship with an individual, organization, group or community, or any combination of these, for the purpose of:

(I)

Designing or delivering psychological programs or services;

(II)

Evaluating psychological programs or services; or

(III)

Providing psychological supervision to other psychologists, trainees or other staff members of the psychologist offering psychological services.

(H)

Evaluation, diagnosis, or test interpretation including assessment of intellectual ability, learning patterns, achievement, motivation, personality or neurological factors directly related to learning problems in an educational setting;

(J)

Counseling services for children or adults for amelioration or prevention of educationally related learning problems.

(v)

"Psychologist" means a person licensed to practice psychology
under this act
;

(vi)

"Representation as a psychologist
"

or school psychologist"
means using any title or description of services incorporating the words psychology,
psychologic,
psychological or psychologist
or any other term that implies that a person is trained, experienced or an expert in the field of psychology
;

(viii)

"Sexual exploitation of a client or patient" means:

(A)

Any
verbal behavior
offer
made or accepted
by a psychologist
or school psychologist which involves offers of
to
exchange
of
professional services for some form of sexual gratification; or

(B)

Unlawful or unprofessional
S
exual contact with a client or patient.

(x)

"Assessment" means applying psychological principles, methods or procedures in observation, description, testing, appraisal, evaluation, screening, test interpretation, interviewing, diagnosis of mental disorders, neuropsychological testing, psychological testing or evaluation, psycho-educational testing or evaluation or any combination of these;

(xi)

"Psychological consulting relationship" means the application of psychological principles, methods or procedures in consulting, intervention, program evaluation, organizational psychology, environmental psychology, community psychology, experimental psychology or any combination of these;

(xii)

"Therapeutic relationship" means the application of psychological principles, methods or procedures in psychotherapy, psychoanalysis, therapy, family therapy, marital therapy, couples therapy, play therapy, counseling, rehabilitation, intervention, hypnotherapy, biofeedback, behavior therapy, behavior modification, psychological counseling, human potential psychology, vocational counseling, school counseling, growth psychology, alcohol or substance abuse counseling, remediation or any combination of these;

(x)
(xiii)

"This act" means W.S. 33
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113 through 33
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123.

(b)

A person not otherwise exempt from this act is engaged in the practice of psychology when performing any of the activities enumerated in paragraph (a)(iii) of this section without regard to whether payment is received for services rendered.

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114.

Exemptions.

(a)

Nothing in this act shall be construed to prevent members of other recognized professions who are licensed, certified or regulated under the laws of this state as defined in the rules and regulations from rendering services consistent with their professional training and code of ethics, provided that they do not represent themselves to be psychologists
.

or school psychologists.

(d)

Nothing in this act shall be construed to prevent the teaching of psychology, the conducting of psychological research, or the provision of industrial or organizational consultation provided that such teaching, research or consultation 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 the services without regard to the source or extent of payment for services rendered
constitute the practice of psychology
. 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.

(e)

Nothing in this act shall be construed to prevent the persons described in this subsection from engaging in activities defined as the practice of psychology, provided that the persons shall not represent themselves by the title "psychologist." The persons may use the terms "psychological trainee," "psychological intern," "psychological resident" or "psychological practitioner" and shall perform their activities under the supervision and responsibility of a licensed psychologist in accordance with the rules promulgated by the board. This subsection shall only apply to:

(iii)

A qualified practitioner holding a
masters
master's
degree or doctoral degree in psychology from a program approved by the board while working under the supervision of a licensed psychologist. The board, in its rules and regulations, shall establish:

(f)

Nothing in this act shall be construed to prevent specialists in school psychology from engaging in activities defined as the practice of school psychology, provided that they shall not represent themselves by the title "school psychologist." These persons may perform their activities under the supervision and responsibility of a psychologist
or school psychologist
in accordance with the rules promulgated by the board. The board, in its rules and regulations, shall establish:

(ii)

The number of specialists that a psychologist
or school psychologist

may employ;

(g)

Nothing in this act may be construed to require employees or contractors of a state agency to be licensed under this act in order to perform their official duties related to the evaluation, auditing or designing of programs, provided those employees or contractors do not hold themselves out to be psychologists.

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115.

State board of psychology.

(a)

The Wyoming state board of psychology shall consist of
five (5)
six (6)
licensed psychologists,
one (1) school psychologist,
one (1) psychological practitioner and two (2) public members appointed by the governor. Each member shall be a resident of this state. Each member who is a psychologist
or school psychologist

shall be licensed under this act and shall have a minimum of three (3) years of post-licensure experience
.
,

except the first school psychologist shall have a minimum of five (5) years professional experience.

At least one (1) member who is a psychologist shall be engaged full time in the doctoral teaching and training of psychologists, and at least two (2) members who are psychologists shall be engaged full time in the professional practice of psychology. The
initial
psychological practitioner shall have a minimum of

five (5) years of professional experience and each succeeding psychological practitioner member shall have a minimum of
three (3) years post-certification experience. The composition of the board shall represent both the public and private sectors of the practice of psychology. Public members shall not be psychologists,
school psychologists,
psychological practitioners, applicants or former applicants for licensure or certification under this act, members of another health profession, or members of a household that includes a person licensed or certified under this act. Board members shall be appointed who are free from conflict of interest in performing the duties of the board.

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116.

Powers and duties of the board.

(a)

In accordance with this act and rules and regulations promulgated under it, the board shall determine a person's initial and continuing qualifications and fitness to practice psychology
,

or school psychology,

proceed against the unlawful and unlicensed practice of psychology
or school psychology
and otherwise enforce this act.
T
he board may employ necessary personnel.

(n)

The board may employ or contract with an executive secretary and other necessary staff. The executive secretary shall not be a member of the board. The board may set the salary for the executive secretary.

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117.

Requirements for licensure.

(a)

The board shall issue a license as a psychologist
or school psychologist, as appropriate,
to any applicant who files an application upon a form and in a manner as prescribed by the board, accompanied by the appropriate fee and who furnishes satisfactory evidence to the board of the following which evidence shall comply with rules and regulations of the board:

(i)

The
applicant submits evidence as the board deems desirable with due regard to the paramount interests of the public regarding his
applicant's
honesty, truthfulness, integrity and competency;

(ii)

The
applicant possesses
applicant's receipt of
a doctoral degree from a program of graduate study in psychology as defined in the rules and regulations, awarded by an institution of higher education;

(iii)

The
applicant demonstrates that he has completed two (2) years of supervised professional experience, one (1) year of which shall be predoctoral, and one (1) year of which shall be postdoctoral
applicant's completion of one (1) year of predoctoral supervised experience
;

(iv)

The
applicant has passed
applicant's successful completion of
the examination for professional practice in psychology
or the national school psychology examination,
and any other written or oral examinations prescribed by the board. The acceptable level of performance for all examinations and policies regarding reexamination of failed applicants sh
all be determined by the board.

(b)

The board may waive any examination if a psychologist
or school 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
state
.

(c)

A person licensed as a psychologist
or school psychologist
in this state on June 30,
1993
2008
shall be deemed to have met all requirements for licensure under this act and shall be eligible for renewal of licensure
as a psychologist
in accordance with this act.

(e)

The board may issue a temporary license to an applicant who is licensed or certified by a board of psychology of another United States state or territory, or of a foreign count
r
y or province whose standards are equal to or exceed the requirements for licensure as a psychologist in this state. A temporary licensee may offer services as a psychologist in this state for not more than thirty (30) working days in any year without holding a permanent license issued under this act. The temporary licensee shall report the nature and extent of the licensee's practice in this state to the board if that practice exceeds twenty (20) working days in any one (1) calendar year.

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119.

Practice without license.

(a)

No person
who is not licensed under this act
shall:

(i)

Represent himself as a psychologist
;

or

school psychologist;
or

(ii)

E
ngage in the practice of psychology
or school psychology
as defined in this act unless exempted in W.S. 33-27-114.

(b)

Unless exempt under W.S. 33
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114, a
ny person who represents himself as a psychologist or
school psychologist or
who engages in the practice of psychology
or school psychology
in violation of this act, is guilty of a misdemeanor punishable by a fine of not more that seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both. Each violation shall constitute a separate offense.

(d)

No person whose license to practice as a psychologist
or school psychologist
in any jurisdiction has been suspended or revoked shall practice psychology
or school psychology
in this state. The board may suspend or revoke the license of that person. The board may issue a new license whenever it deems the issuance to be safe and just.

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120.

Grounds for denial, suspension or revocation of license and other disciplinary sanctions.

(a)

A psychologist
or school psychologist
and anyone under his supervision shall conduct his professional activities in conformity with ethical and professional standards promulgated by the board under its rules and regulations.

(b)

The board may suspend, place on probation, require remediation for a specified time to be determined at the discretion of the board, restrict or revoke any license to practice psychology
,

or school psychology,
deny an application for licensure, or take any other action specified in the rules and regulations whenever the board shall find by
a preponderance of the
clear and convincing
evidence, following a hearing conducted by the board pursuant to this act, that the psychologist
, school psychologist
or applicant has engaged in conduct prohibited by this act, rules or regulations promulgated by the board, or in any of the following acts or offenses:

(i)

Fraud in applying for or procuring a license to practice psychology
;

or school psychology;

(iii)

Practicing psychology
or school psychology
in a manner which endangers the welfare of clients or patients;

(iv)

Conviction of a felony that interferes with the ability to practice psychology
or school psychology
as defined in the rules and regulations;

(v)

Conviction
, including a plea of nolo contendere, to

of
any felony or conviction
or plea of nolo contendere to
of
any crime or offense that reflects the inability of the practitioner to practice with due regard for the health and safety of clients or patients. A copy of the conviction certified by the clerk of the court entering the conviction is conclusive evidence of the conviction;

(ix)

Malpractice or negligence in the practice of psychology
;

or school psychology;

(x)

Aiding or abetting the practice of psychology
or school psychology
by a person not licensed by the board;

(xi)

Conviction of
F
raud in filing medicare or medicaid claims or in filing claims to any third party payor;

(xiii)

The suspension or revocation by another state of a license to practice psychology
;

or school psychology;

(xvii)

Inability to practice psychology
or school psychology
with reasonable skill and safety to patients or clients by reason of illness, inebriation, misuse of drugs, narcotics, alcohol, chemicals or any other substance or as a result of any mental or physical condition.

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122.

Board hearings and investigations.

(a)

The board may investigate or cause to be investigated any allegation or evidence that appears to show that a psychologist
or school psychologist
licensed to practice in this jurisdiction, and anyone under his supervision is, or may be, in violation of this act or of any of the rules and regulations adopted by the board.

(e)

The board may conduct a default hearing if, after due notice, the individual fails or
refused
refuses
to appear. The board shall have the authority to issue subpoenas for production of documents and witnesses and to administer oaths. The board may apply to a court of competent jurisdiction to compel compliance with a subpoena.

(f)

A psychologist
or school psychologist
may surrender his license when he is charged with
unethical conduct
any violation of this act or board rules and regulations
, and such surrender and acceptance by the board shall constitute acknowledgment by the person as an admission of guilt as charged. The circumstances of the surrender shall be reported in the same fashion as a revocation action.

(g)

A psychologist
or school psychologist
may request in writing to the board that a restriction be placed upon his license to practice. The board, in its discretion, may accept a surrender or grant a request for restriction and shall have the authority to attach restrictions to the license to practice within this state or otherwise to discipline the licensee.

(h)

Subsequent to the holding of a hearing and the taking of evidence by the board as provided for in this section, if a majority of the board finds that a psychologist
or school psychologist
is in violation of this act or guilty of any of the acts, offenses or conditions as enumerated by the board, the following actions may be taken:

(iii)

The board may impose revocation or suspension of a license, but suspend enforcement thereof by placing the psychologist
or school psychologist
on probation, which probation shall be revocable if the board finds the conditions of the probation order are not being followed. As a condition of probation the board may require the psychologist
or school psychologist
to submit to care, counseling or treatment by a professional designated by the board. The expense of the action shall be borne by the probationer. The board may at any time modify the conditions of the probation and may include among them any reasonable condition for the purpose of the protection of the public, or for the purpose of the rehabilitation of the probationer, or both;

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123.

Privileged communication.

(a)

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 guardian or personal representative, may refuse to disclose or prevent the disclosure of confidential information, including information contained in administrative records, communicated to a person licensed or otherwise authorized to practice under this act, 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. The psychologist
or school psychologist
shall not disclose any information communicated as described above in the absence of an express waiver of the privilege except in the following circumstances:

(iii)

Where such information is necessary for the psychologist
or school psychologist
to defend against a malpractice action brought by the patient or client;

(iv)

Where an immediate threat of physical violence against a readily identifiable victim is disclosed to the psychologist
;

or school psychologist;

(v)

In the context of civil commitment proceedings, where an immediate threat of self-inflicted damage is disclosed to the psychologist
;

or school psychologist;

Section 2.

W.S. 33
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113(a)(iii)(A) through (D), (vii) and (ix) is repealed.

Section 3.

The term of the person representing school psychologists on the Wyoming state board of psychology shall
continue pursuant to the terms of his gubernatorial appointment
and the person shall not be reappointed unless the person
o
therwise qualifies for appointment as provided in W.S. 33
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115, as amended by this act
.

Section 4.

This act is effective July 1, 2008.

(END)

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HB0013