GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 1047

Short Title:  Amend Psychology Practice Act.	(Public)

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Sponsors: Senators Lucas, Carpenter, Kinnaird, Martin of Guilford, and Perdue.

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Referred to:  Children & Human Resources.

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April 21, 1997

A BILL TO BE ENTITLED
AN ACT TO AMEND THE PSYCHOLOGY PRACTICE ACT AND RELATED STATUTES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 90-270.2(9) reads as rewritten:
"(9)	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', 'psychologic', or 'psychologist', states that he or she possesses expert qualification in any area of psychology, or provides or offers to provide services defined as the practice of psychology in this Article. All persons licensed under this Article, persons exempt under G.S. 90-270.4, and qualified applicants under G.S. 90-270.5, may present themselves as psychologists and shall indicate, in accordance with Board rules, their academic degrees."
Section 2.  G.S. 90-270.5(d) reads as rewritten:
"(d)	For permanent licensure as a licensed psychologist, an otherwise qualified psychologist must secure acceptable and appropriate supervised experience, as provided in this subsection, that is germane to his or her training and intended area of practice as a psychologist.  The Board shall permit such supervised experience to be acquired on a less than full-time basis, and shall additionally specify in its rules the format, setting, content, time frame, amounts of supervision, qualifications of supervisors, disclosure of supervisory relationships, the organization of the supervised experience, and the nature of the responsibility assumed by the supervisor.  Rules governing supervision may distinguish between doctoral and nondoctoral candidates.  Supervision of health services must be received from qualified licensed psychologists holding health services provider certificates, or from other psychologists recognized by the Board in accordance with Board rules.
		(2a)	For a psychologist holding a doctoral degree under G.S. 90-270.11(a), two years of supervised experience is required.  One year shall be postdoctoral and, if required by the Board, shall be comparable to the knowledge and skills acquired during formal doctoral or postdoctoral education, in accordance with established professional standards.  The other year may be predoctoral experience as required by the Board.
(2b)	For a psychologist holding a masters or specialist degree under G.S. 90-270.11(a), four years of supervised experience is required, all of which must be acquired following completion of the masters or specialist degree.  The Board shall not credit a graduate internship as experience.
(3)	A psychologist who meets all other requirements of G.S. 90-270.11(a) as a licensed psychologist, except the required years of supervised experience, may be issued a provisional license by the Board for the practice of psychology.  If the psychologist terminates the supervised experience before the completion of the required years, the Board may place the psychologist on inactive status, during which time supervision will not be required, and the practice of psychology or the offer to practice psychology is prohibited.  In the event a licensed psychologist issued a provisional license under this subsection is placed on inactive status or is completing the supervised experience on a part-time basis, the Board may renew the provisional license as necessary until such time as the psychologist has completed the equivalent of the required years supervised experience."
Section 3.  G.S. 90-270.5(e) reads as rewritten:
"(e)	A licensed psychological associate shall be supervised by a qualified licensed psychologist with a doctoral degree, a licensed psychologist with a masters or specialist degree who has been approved by the Board, or a qualified professional approved by the Board, in accordance with Board rules specifying the format, setting, content, time frame, amounts of supervision, qualifications of supervisors, disclosure of supervisory relationships, the organization of the supervised experience, and the nature of the responsibility assumed by the supervisor.  A licensed psychological associate who provides health services shall be supervised, for those activities requiring supervision, by a qualified licensed psychologist holding health services provider certification or by other qualified professionals under the overall direction of a qualified licensed psychologist holding health services provider certification, in accordance with this section and the Board's rules.  Except as provided below, supervision, including the supervision of health services, is required only when a licensed psychological associate engages in:  assessment of personality functioning; neuropsychological evaluation; psychotherapy, counseling, and other interventions with clinical populations for the purpose of preventing or eliminating symptomatic, maladaptive, or undesired behavior; and, the use of intrusive, punitive, or experimental procedures, techniques, or measures.  The Board shall adopt rules implementing and defining this provision, and as the practice of psychology evolves, may identify additional activities requiring supervision in order to maintain acceptable standards of practice."
Section 4.  G.S. 90-270.6 reads as rewritten:
"§ 90-270.6.  Psychology Board; appointment; term of office; composition.
For the purpose of carrying out the provisions of this Article, there is created a North Carolina Psychology Board, which shall consist of nine members appointed by the Governor.  At all times three members shall be licensed psychologists with doctorate degrees in psychology, three members shall be licensed psychologists holding masters or specialist degrees, at least one of whom shall be a licensed psychologist and at least one of whom shall be a licensed psychological associate, and three members shall be members of the public who are not licensed under this Article.  Each member of the Board must reside in a different congressional district at the time of the appointment.  Due consideration shall also be given to the adequate representation of the various fields and areas of practice of psychology.  Terms of office shall be three years.  All terms of service on the Board expire June 30 in appropriate years.  The North Carolina Psychological Association and the North Carolina Association of Professional Psychologists shall each, after consulting the chairs of the graduate psychology departments in the State, submit to the Governor a list of the names of three eligible persons to fill each vacancy occurring on the Board.  From these lists, the Governor shall make the appointment for a full term, or for the remainder of the unexpired term, if any.  Each Board member shall serve until his or her successor has been appointed.  As the term of a member expires, or if one should become vacant for any reason, the Governor shall appoint a new member within 60 days of the vacancy's occurring.  No member, either public or licensed under this Article, shall serve more than three complete consecutive terms."
Section 5.  G.S. 90-270.11 reads as rewritten:
"§ 90-270.11.  Licensure; examination; foreign graduates.
(a)	Licensed Psychologist. – The Board shall issue a permanent license to practice psychology to any applicant who pays an application fee and any applicable examination fee as specified in G.S. 90-270.18(b), who passes an examination in psychology as prescribed by the Board, and who submits evidence verified by oath and satisfactory to the Board that he or she:
(1)	Is at least 18 years of age.
(2)	Is of good moral character.
(3)	Has received a doctoral degree, masters degree, or specialist degree based on a planned and directed program of studies in psychology from an institution of higher education. The degree program, wherever administratively housed, must be publicly identified and clearly labeled as a psychology program. The Board shall adopt rules implementing and defining these provisions, including, but not limited to, such factors as residence in the educational program, internship and related field experiences, number of course credits, course content, numbers and qualifications of faculty, and program identification and identity.
(3a)	If applying for licensure based on a masters or specialist degree, has passed the national examination in psychology at the licensed psychologist level.
(4)	Has completed the required years of acceptable and appropriate supervised experience germane to his or her training and intended area of practice as a psychologist as specified in G.S. 90-270.5(d).
(a1)	Notwithstanding the provisions of this subsection, the Board shall implement a transition provision whereby any licensed psychological associate in good standing may apply for a license to practice psychology as a licensed psychologist (M.A., M.S., or Ed.S.) if an application is made to the Board no later than June 30, 1998.  The Board shall define criteria, including combinations of graduate coursework and years of experience, that shall be satisfactory to meet the requirements of licensure as a licensed psychologist.  The criteria shall not include a requirement that the applicant take the national psychological examination.
(b)	Licensed Psychological Associate. – 
(1)	The Board shall issue a permanent license to practice psychology to any applicant who pays an application fee and any applicable examination fee as specified in G.S. 90-270.18(b), who passes an examination in psychology as prescribed by the Board, and who submits evidence verified by oath and satisfactory to the Board that he or she:
a.	Is at least 18 years of age.
b.	Is of good moral character.
c.	Has received a master's degree in psychology or a specialist degree in psychology from an institution of higher education. The degree program, wherever administratively housed, must be publicly identified and clearly labeled as a psychology program. The Board shall adopt rules implementing and defining these provisions, including, but not limited to, such factors as residence in the program, internship and related field experiences, number of course credits, course content, numbers and qualifications of faculty, and program identification and identity.
(2)	Notwithstanding the provisions of this subsection, a licensed psychologist applicant with a doctoral degree who has met all requirements for licensure except passing the examination at the licensed psychologist level, may be issued a license as a licensed psychological associate without having a master's degree or specialist degree in psychology if the applicant passes the examination at the licensed psychological associate level.
(c)	Foreign Graduates. – Applicants trained in institutions outside the United States, applying for licensure at either the licensed psychologist or licensed psychological associate level, must show satisfactory evidence of training and degrees substantially equivalent to those required of applicants trained within the United States, pursuant to Board rules and regulations.
(d)	Prior Licensure. – A person who is licensed in good standing as a licensed practicing psychologist or psychological associate under the provisions of the Practicing Psychologist Licensing Act in effect immediately prior to the ratification of this Psychology Practice Act shall be deemed, as of October 1, 1993 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. A person who is licensed as a psychological associate in good standing shall be issued a license as a licensed psychologist if the person applies for such license no later than January 1, 1999, and the person has met the criteria for licensure established by the Board.  The criteria shall provide for appropriate levels of graduate coursework and experience."
Section 6. G.S. 90-270.18(b) reads as rewritten:
"(b)	Fees for activities specified by this Article are as follows:
(1)	Application fees for licensed psychologists, licensed psychologists (M.A., M.S., or Ed.S.) and licensed psychological associates per G.S. 90-270.11(a) and (b)(1), or G.S. 90-270.13, shall not exceed one hundred dollars ($100.00).
(1a)	File review fee for licensed psychological associates applying for a license to practice as a licensed psychologist (M.A., M.S., or Ed.S.) per G.S. 90-270.11(a1), shall not exceed one hundred dollars ($100.00).
(2)	Fees for the national written examination shall be the cost of the examination to the Board plus an additional fee not to exceed fifty dollars ($50.00).
(3)	Fees for additional examinations shall be as prescribed by the Board.
(4)	Fees for the renewal of licenses, per G.S. 90-270.14(a)(1), shall not exceed two hundred fifty dollars ($250.00) per biennium.  This fee may not be prorated.
(5)	Late fees for license renewal, per G.S. 90-270.14(a)(1), shall be twenty-five dollars ($25.00).
(6)	Fees for the reinstatement of a license, per G.S. 90-270.15(f), shall not exceed one hundred dollars ($100.00).
(7)	Fees for a duplicate license, per G.S. 90-270.14(b), shall be twenty-five dollars ($25.00).
(8)	Fees for a temporary license, per G.S. 90-270.5(f) and 90-270.5(g), shall be twenty-five dollars ($25.00).
(9)	Application fees for a health services provider certificate, per G.S. 90-270.20, shall be fifty dollars ($50.00)."
Section 7.  G.S. 90-270.20 reads as rewritten:
"§ 90-270.20.  Provision of health services; certification as health services provider.
(a)	Health services, as defined in G.S. 90-270.2(4) and G.S. 90-270.2(8), may be provided by qualified licensed psychological associates, qualified licensed psychologists holding provisional, temporary, or permanent licenses, or qualified applicants. Qualified licensed psychological associates, qualified licensed psychologists holding provisional or temporary licenses, or qualified applicants may provide health services only under supervision as specified in the duly adopted rules of the Board.
(b)	Any licensed psychologist who is qualified by education, who holds permanent licensure, and who provides or offers to provide health services to the public must be certified as a health services provider psychologist (HSP-P) by the Board. The Board shall certify as health services provider psychologists those applicants who demonstrate at least two years of acceptable supervised health services experience as a psychologist with a doctoral degree, at least one year of which is postdoctoral, or at least four years of acceptable supervised health services experience as a psychologist with a masters or specialist degree. The Board shall specify the format, setting, content, and organization of the supervised health services experience or program. The Board may, upon verification of supervised experience and the meeting of all requirements as a licensed psychologist, issue the license and certificate simultaneously. An application fee, as specified in G.S. 90-270.18(b)(9), must be paid.
(c)	Any licensed psychological associate who is qualified by education may be granted certification as a health services provider psychological associate (HSP-PA). The Board may, upon verification of qualifications and the meeting of all requirements as a licensed psychological associate, issue the license and certificate simultaneously. An application fee, as specified in G.S. 90-270.18(b)(9), must be paid.
(d)	Any licensed psychologist holding a provisional license who is qualified by education may be granted certification as a health services provider psychologist (provisional) (HSP-PP) by the Board. The Board may, upon verification of qualifications and the meeting of all requirements for a provisional license, issue the license and certificate simultaneously. An application fee, as specified in G.S. 90-270.18(b)(9), must be paid.
						(g)	The Board shall have the authority to deny, revoke, or suspend the health services provider certificate issued pursuant to these subsections upon a finding that the psychologist has not behaved in conformity with the ethical and professional standards prescribed in G.S. 90-270.15."
Section 8.  G.S. 135-40.7A(c) reads as rewritten:
"(c)	Notwithstanding any other provision of this Part, provisions for benefits for necessary care and treatment of chemical dependency under this Part shall provide for benefit payments for the following providers of necessary care and treatment of chemical dependency:
(1)	The following units of a general hospital licensed under Article 5 of Chapter 131E of the General Statutes:
a.	Chemical dependency units in facilities licensed after October 1, 1984.
b.	Medical units.
c.	Psychiatric units.
(2)	The following facilities licensed after July 1, 1984, under Article 2 of Chapter 122C of the General Statutes:
a.	Chemical dependency units in psychiatric hospitals.
b.	Chemical dependency hospitals.
c.	Residential chemical dependency treatment  facilities.
d.	Social setting detoxification facilities or programs.
e.	Medical detoxification facilities or programs.
(3)	Duly licensed physicians and duly licensed psychologists, licensed psychological associates, certified clinical social workers, licensed professional counselors, certified fee-based practicing pastoral counselors, certified clinical specialists in psychiatric and mental health nursing, and certified professionals working under the direct supervision of such physicians or psychologists in facilities described in subdivisions (1) and (2) of this subsection and in day/night programs or outpatient treatment facilities licensed after July 1, 1984, under Article 2 of Chapter 122C of the General Statutes.
Nothing in this subsection shall prohibit the Plan from requiring the most cost effective treatment setting to be utilized by the person undergoing necessary care and treatment for chemical dependency."
Section 9.  G.S. 135-40.7B(c) reads as rewritten:
"(c)	Notwithstanding any other provisions of this Part, the following providers are authorized to provide necessary care and treatment for mental illness under this section:
(1)	Licensed psychiatrists.
(2)	Licensed psychologists.
(2a)	Licensed psychological associates.
(3)	Certified clinical social workers.
(3a)	Licensed professional counselors.
(4)	Psychiatric nurses.
(5)	Other social workers under the direct employment and supervision of a licensed psychiatrist or licensed psychologist.
	(7)	Licensed psychiatric hospitals and licensed general hospitals providing psychiatric treatment programs.
(8)	Certified residential treatment facilities, community mental health centers, and partial hospitalization facilities.
(9)	Certified fee-based practicing pastoral counselors."
Section 10.  The initial terms of new members added by Section 4 of this act shall commence upon appointment and shall expire June 30, 2000.  A member serving on the Board as of the effective date of this act may complete that term of service.
Section 11.  This act becomes effective October 1, 1997.