1 CHAPTER PSYCHOLOGISTS Definitions. 1. "Applied behavior analyst" means an individual licensed under this chapter as an applied behavior analyst. The term does not include a registered applied behavior analyst. 2. "Autism spectrum disorder" means a neurobiological medical condition that includes autistic disorder, Asperger's disorder, pervasive development disorder not otherwise specified, Rett's disorder, and childhood disintegrative disorder. 3. "Board" means the North Dakota state board of psychologist examiners. 4. "Industrial-organizational psychologist" means an individual who is licensed under this chapter to engage in the practice of industrial-organizational psychology. 5. "Industrial-organizational psychology" means the provision of psychological research services or consultation services to a group or an organization. The term does not include the delivery or supervision of services to individuals who are themselves, rather than the group or organization, the intended beneficiaries of the services, regardless of the source or extent of payment for services rendered. 6. "Industrial-organizational psychology resident" means an individual who has met the requirement of subdivision b of subsection 2 of section , is involved in supervised employment in industrial-organizational psychology, and has registered with the board. 7. "Licensee" means an industrial-organizational psychologist, an applied behavior analyst, or a psychologist. 8. "Practice of applied behavior analysis": a. Means the application of the principles, methods, and procedures of the experimental analysis of behavior and applied behavior analysis, including principles of operant and respondent learning. The term includes applications of those principles, methods, and procedures to: (1) Design, supervise, evaluate, and modify treatment programs to change the behavior of individuals diagnosed with an autism spectrum disorder; (2) Design, supervise, evaluate, and modify treatment programs to change the behavior of individuals; (3) Design, supervise, evaluate, and modify treatment programs to change the behavior of groups; and (4) Consult with individuals and organizations. b. The term does not include diagnosis, counseling, psychological testing, personality assessment, intellectual assessment, neuropsychological assessment, psychotherapy, cognitive therapy, sex therapy, family therapy, coordination of care, psychoanalysis, hypnotherapy, and long-term counseling as treatment modalities. 9. "Practice of psychology" means the observation, description, evaluation, interpretation, or 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 enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health, and mental health. The term includes psychological testing and the evaluation or assessment of personal characteristics, such as intelligence, personality, abilities, interests, aptitudes, and neuropsychological functioning; counseling, psychotherapy, biofeedback, behavior analysis and therapy, clinical applications of hypnosis, and other therapeutic techniques based on psychological principles; diagnosis and treatment of mental and emotional disorder or disability, compulsive disorders, 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. The term includes providing psychological services to individuals, families, groups, organizations, institutions, and the public regardless of whether payment is received Page No. 1
2 for services rendered. The term includes supervising others who are engaged in the practice of psychology. 10. "Psychologist" means an individual who is licensed under this chapter in the practice of psychology. 11. "Psychology resident" means an individual who has met the requirement of subdivision b of subsection 1 of section , is involved in supervised psychological employment, and has registered with the board. 12. "Registered applied behavior analyst" or "registrant" means an individual who is registered under this chapter as a registered applied behavior analyst and is supervised by a licensed psychologist or applied behavior analyst. The term does not include an applied behavior analyst. 13. "School or college" means any university or other institution of higher learning which is accredited by a regional accrediting association, offering a full-time graduate course of study in industrial-organizational psychology, psychology, or applied behavior analysis, as appropriate State board of psychologist examiners - How appointed - Qualifications. The governor shall appoint a state board of psychologist examiners consisting of seven members. One board member must be designated a public member who is a resident of this state, is at least twenty-one years of age, and is not affiliated with any group or profession that provides or regulates health care in any form. Of the remaining six board members, at least one member must be engaged primarily in providing service in psychology, and at least one member must be engaged primarily in teaching, training, or research in psychology. Except the public member, each member must: 1. Be a resident of this state. 2. Be licensed under this chapter for at least five years Tenure of members - Vacancies and oath of office. The term of office of each member of the board is three years and until a successor is appointed and qualified. The governor shall fill all vacancies by appointment. In case of a vacancy before the expiration of a term, the appointment must be for the remainder of the term only. An individual appointed to the board qualifies by taking the oath required of civil officers Removal of members. The governor may remove any member of the board for unprofessional conduct, incompetency, or neglect of duty after giving such member a written statement of the reasons for removal and after such member has had an opportunity to be heard thereon Compensation of members - Expenses of board and members. Each member of the board serves without compensation, but is entitled to receive mileage and travel expenses while engaged in the performance of board duties as provided in section The secretary of the board is entitled to receive salary or other compensation and allowance for clerical and other expenses of the board, as the board determines Officers of the board. The board shall elect annually a president and vice president from its own number and a secretary who need not be a member of the board Authority to appoint or employ. The board may appoint or employ persons to assist the board in carrying out its duties under this chapter Meetings of board - Seal of board. The board shall hold at least one regular meeting each year. Additional meetings may be held upon call of the president or at the written request of the governor or of any two members Page No. 2
3 of the board. The meetings must be held at such places as the board may designate. The board must have a seal Rules. The board may adopt rules as necessary to enable the board to carry into effect the provisions of this chapter. The rules may include a code of ethics for licensees and registrants. The board shall adopt rules defining what programs of study are substantially psychological in nature; what educational programs are acceptable for the licensing of psychologists and applied behavior analysts and for registering registered applied behavior analysts; and what educational programs are acceptable for the licensing of industrial-organizational psychologists Continuing education requirements. The board shall adopt rules establishing requirements for the continuing education of licensees, psychology residents, registrants, and industrial-organizational psychology residents. The board may refuse to renew, suspend, revoke, or place on probationary status any license or registration issued under this chapter if the licensee or registrant fails to meet applicable continuing education requirements. Applicants for accreditation of continuing education courses, classes, or activities may be charged a reasonable fee determined by the board Continuing education requirements - Renewal. Absent a showing of good cause, the board may not renew a license or registration issued under this chapter without proof the continuing education requirements under section have been met. An individual whose license or registration is not renewed because of failure to meet the continuing education requirements must be reinstated and the license or registration renewed if, within one year from the date of nonrenewal, the individual demonstrates to the secretary of the board the continuing education requirements have been satisfied, pays the renewal fee, and pays a late fee to be determined by rule of the board Examination of qualifications of applicants. The board shall examine for, deny, approve, revoke, suspend, and renew the licensing and registration of applicants as provided under this chapter Power of board to administer oaths - Conduct hearings - Summon witnesses - Take testimony. The members of the board and the secretary may administer oaths. The board may summon witnesses as provided in chapter and take testimony in all matters relating to its duties, including the enforcement of the provisions and purposes of this chapter and the rules adopted by the board Annual reports. Each year, the board may transmit to the governor, with a copy thereof to the secretary of state and to the North Dakota psychological association, a full report of all activities under this chapter, together with a report of all receipts and disbursements Application and fee for licensure and registration. The board shall adopt rules establishing the amount of the application fee for licensure and registration. A fee is not refundable, in whole or in part, except for failure of the board to hold examinations at the time originally announced, in which event the entire fee must be refunded upon demand by the applicant Annual license and registration fee. Before November fifteenth of each year, every licensee and registrant shall pay to the secretary of the board an annual fee determined by the board by rule. The secretary of the board, upon receipt of payment of the annual fee, shall issue the licensee or registrant a certificate of annual renewal, which commences on January first. An individual may not hold out Page No. 3
4 as an industrial-organizational psychologist, an applied behavior analyst, a registered applied behavior analyst, or a psychologist until the annual fee is paid. The board may deny renewal of the license or registration of an individual who violates this section. Annually, the board shall mail or electronically mail a renewal notice to each licensee and registrant at the address or electronic mail address on file with the board Payment of delinquent annual fee - Reinstatement. An individual whose license or registration issued under this chapter has expired for failure to pay the annual fee must be reinstated and the license or registration renewed if, within one year from the date of expiration, the individual pays to the secretary of the board the amount of the annual fees in default and a late fee in the amount established by the board by rule Deposit and disbursement of fees. Repealed by S.L. 1971, ch. 510, Board to keep records. 1. The board shall keep a record of its proceedings and a register of all applicants for licensing or registration which must show: a. The name, age, and residence of each applicant. b. The date of each applicant's application. c. The place of business of each applicant. d. A summary of the educational and other qualifications of each applicant. e. Whether an examination was required of an applicant. f. Whether a license or registration was granted to an applicant. g. The date of the action of the board. h. Any information the board determines necessary or advisable in aid of the requirements of this subsection. 2. Except as otherwise provided by law, the records of the board are public records and evidence of the proceedings of the board, and a transcript of board proceedings, duly certified by the secretary of the board, bearing the seal of the board, is admissible in evidence with the same effect as if the original were produced License required for practice - Titles. 1. Except as otherwise provided under this chapter, a person may not engage in the practice of psychology unless that person is licensed as a psychologist or is registered as a psychology resident under this chapter. Except as otherwise provided by this chapter, a person may not engage in the practice of industrial-organizational psychology unless that person is licensed as a psychologist or industrial-organizational psychologist or is registered as a psychology resident or industrial-organizational psychology resident under this chapter. Except as otherwise provided under this chapter, a person may not engage in the practice of applied behavior analysis unless that person is a psychologist, is licensed as an applied behavior analyst, or is registered and supervised as an applied behavior analyst as provided under this chapter. 2. A person may not use the title "psychologist" or similar title unless that person is licensed as a psychologist. A person may not use the titles "industrial psychologist", "organizational psychologist", or "industrial-organizational psychologist" unless that person is licensed as a psychologist or industrial-organizational psychologist. A person may not use the title "applied behavior analyst" or similar title unless that person is licensed as an applied behavior analyst. A person may not use the title "registered applied behavioral analyst" or similar title unless that person is registered and supervised as a registered applied behavior analyst. 3. A person may not use the title "psychology resident" or similar title unless that person is registered as a psychology resident. A person may not use the titles "industrial psychology resident", "organizational psychology resident", or Page No. 4
5 "industrial-organizational psychology resident" unless that person is registered as a psychology resident or industrial-organizational psychology resident Licensing of psychologists without examination - Qualifications of applicants. Repealed by S.L. 1997, ch. 378, Licensing applicants from other states. Repealed by S.L. 2009, ch. 376, Licensing or registering applicants licensed or registered in other jurisdictions. 1. The board may grant a license or registration to an applicant who is licensed or registered in good standing in another jurisdiction that imposes requirements for licensure or registration and who: a. Meets standards established by the board; or b. Is an applicant for licensure as a psychologist who holds a certificate of professional qualification in psychology issued by an entity approved by the board, such as the association of state and provincial psychology boards or its successor. 2. As a condition to qualify for licensure or registration under subsection 1, the board may require the applicant pass an oral examination on the laws and rules regulating the practice of psychology, industrial-organizational psychology, or applied behavior analysis, as appropriate to the licensure or registration sought by the applicant. 3. Notwithstanding any contrary provision of this chapter, the board may issue a license or registration as authorized under chapter The board may grant a provisional license or registration to an applicant while the application is pending, if the applicant is licensed or registered and is in good standing in another jurisdiction or is certified by a professional organization that is identified by the board by rule. The board may not grant a provisional license or registration under this subsection if in another jurisdiction, within the previous five years, the applicant had a disciplinary action against the applicant's license or registration. 5. Except as otherwise provided under this chapter, and in accordance with rules adopted by the board, the board shall issue a limited practice certificate to an applicant who is licensed or registered in another jurisdiction to practice psychology, industrial-organizational psychology, or applied behavior analysis. A limited practice certificate issued under this subsection authorizes the practice of psychology, industrial-organizational psychology, or applied behavior analysis in this state for no more than thirty days in a calendar year Licensing - Written and oral examination - Qualifications of applicants. The board shall issue a license to each applicant who files an application upon a form and in a manner the board prescribes, submits the required fee, and meets the requirements of subsection 1 or An applicant for licensure as a psychologist shall demonstrate all of the following: a. The applicant will adhere to the American psychological association ethical principles of psychologists and code of conduct adopted by the board by rule. b. The applicant has received, from a school or college, a doctorate degree in a program that is accredited as a doctoral program in psychology by an accrediting body approved by the board by rule. c. The applicant has passed the examinations, written or oral, or both, as the board determines necessary. d. The applicant has completed at least two full years of supervised professional experience, one year of which must be an internship program, and one year of Page No. 5
6 which may be postdoctoral. Both years of experience must comply with the board's rules. 2. An applicant for licensure as an industrial-organizational psychologist shall demonstrate all of the following: a. The applicant will adhere to the American psychological association ethical principles of psychologists and code of conduct adopted by the board by rule. b. The applicant has received, from a school or college, a doctorate degree in a program of studies accredited by an accrediting body approved by the board by rule, which may include the American psychological association. c. The applicant has passed the examinations, written or oral, or both, as the board determines necessary. d. The applicant has completed the professional experience requirements established by the board. The requirements may not exceed the professional experience requirements for psychologists. If the professional experience requirements include a supervised experience requirement: (1) The board must allow an applicant to submit to the board a personalized plan for supervised experience which may include distance-supervision by a qualified industrial-organizational psychologist. (2) The board may adopt rules to establish who is qualified to perform supervision, supervision requirements, and reporting Postdoctoral supervised psychological employment. This section applies to postdoctoral supervised employment in the practice of psychology and industrial-organizational psychology. Before starting supervised employment, a psychologist with at least three years of post-license practice experience must be identified as the primary supervisor. The primary supervisor must have a competency in supervision in professional psychology in the general area of practice being supervised. Supervision must occur weekly and consist of at least one hundred hours of direct supervision, either face-to-face or through distance communications. At least fifty of the hours of supervision must be with the primary supervisor. Additional hours of supervision may be with other professionals designated by the supervisor and competent in the area of practice being supervised. The board may adopt rules to prorate supervision for individuals preparing for licensure on a part-time basis. The board may adopt rules regarding postdoctoral psychology and industrial-organizational psychology supervision requirements and reporting Consideration of application and notice to applicant. Upon investigation of the application and other evidence submitted, the board shall notify each applicant that the application and evidence submitted for licensing is satisfactory and accepted, or unsatisfactory and rejected. If rejected, the notice must state the reasons for rejection and explain the right to a hearing under chapter 28-32, if a hearing is requested within thirty days Time and place of examination. The time and place of examination must be designated by the board and notice thereof must be given to each applicant. Such examinations must be given annually and at such other times as in the opinion of the board the number of applicants warrants Scope and grading of examination. The board shall determine the subject and scope of specialized psychological areas and techniques for examination. Written examinations may be supplemented by oral examinations as the board may determine necessary. The board shall determine an acceptable level of performance for each examination and a majority decision of the board is required for the issuing of a license. Page No. 6
7 Notice to applicant of examination results and right to reexamination. The board shall state in writing its reason for refusal of a license to any applicant who has been so denied. An applicant who fails the examination may be reexamined at a subsequent examination upon again paying the required examination fee Retention of examination records. The board shall keep the written examination score report, an accurate recording of the questions and answers relating to the oral examinations, and the grade assigned to each answer thereof as a part of the board's records for at least two years following the date of the examination. In addition, the board shall keep a permanent record of all written examination score reports Issuance and display of license. The board is the sole agency empowered to examine competence in the practice of psychology. A certificate of license or registration issued by the board must show the full name of the licensee, have a serial number, be signed by the president of the board, and be attested by the secretary under the board's adopted seal. The license issued by the board under this chapter must be prominently displayed at the principal place of business at which the licensee practices Denial - Revocation or suspension of license or registration - Grounds. 1. The board, after notice, hearing, and an affirmative vote of at least a majority of board members, may withhold, deny, revoke, or suspend any license or registration issued or applied for under this chapter and may otherwise discipline a licensee, a registrant, or an applicant upon proof the applicant, registrant, or licensee: a. Has been convicted of an offense determined by the board to have a direct bearing upon an individual's ability to serve the public in the practice of psychology or applied behavior analysis, or if the board finds, after the conviction of any offense, that an individual is not sufficiently rehabilitated under section b. Is unable to practice psychology or applied behavior analysis with reasonable skill and safety to clients or patients 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. c. Has impersonated another individual holding a license or registration issued under this chapter or allowed another person to use the licensee's license or registration. d. Has used fraud or deception in applying for a license or registration or in taking an examination under this chapter. e. Has allowed the licensee's or registrant's name or license or registration issued under this chapter to be used in connection with any person who performs psychological or applied behavior analysis services outside of the area of that person's training, experience, or competence. f. Is legally adjudicated insane or mentally incompetent. The record of the adjudication is conclusive evidence of that fact. g. Has engaged in any form of unethical conduct as defined in ethical principles and code of conduct adopted by the board by rule. h. Has become grossly negligent in the practice of psychology or applied behavior analysis. i. Has willfully or negligently violated this chapter. j. Has engaged in an act in violation of rules adopted by the board. k. Has had a license or registration revoked or suspended or was disciplined in another jurisdiction. Page No. 7
8 2. The board may assess costs incurred by the board related to investigations and disciplinary actions. By rule, the board may set fines for minor infractions of this chapter. 3. An individual whose license or registration has been revoked under this section may not reapply for licensure or registration for at least two years after the date of revocation. 4. Other than the term "in good standing", by rule, the board shall define terms related to license status, such as "revoked", "suspended", "inactive", and "probationary" Complaints - Investigations. 1. A person aggrieved by the actions of a licensee, registrant, or psychology resident may file a written statement with the board citing the specific allegations of misconduct by the licensee. The board shall notify the licensee, registrant, or psychology resident of the allegation and request a written response. The board may establish procedural exceptions for processing multiple allegations from the same person. 2. The board shall determine if the information in an allegation warrants investigation as a complaint, without requiring the source of the information to be made a matter of public record, if the board concludes that good cause exists for preserving the confidentiality of the source. 3. A licensee, registrant, or psychology resident who is the subject of an investigation by the board shall cooperate fully with the investigation. Cooperation includes responding fully and promptly to any reasonable question raised by or on behalf of the board relating to the subject of the investigation and providing copies of patient or client records if reasonably requested by the board and accompanied by the appropriate release. 4. In order to pursue an investigation, the board may subpoena and examine witnesses and records, including patient and client records, and may copy, photograph, or take samples of the records. The board may require the licensee, registrant, or psychology resident to give statements under oath, to submit to a physical or psychological examination, or both, by a physician or other qualified evaluation professional selected by the board, if requiring an examination is in the best interest of the public. The patient and client records released to the board are not public records. The board may adopt rules to assign, define duties, and compensate an investigator to assist the board to process a complaint. 5. Unless a patient or client release is on file allowing the release of information at the public hearing, patient and client records acquired by the board in the board's investigation are confidential and closed to the public. All board meetings at which patient or client testimony or records are taken or reviewed are confidential and closed to the public. If patient or client testimony or records are not taken or reviewed, the remainder of the meeting is an open meeting unless a specific exemption is otherwise applicable Notice - Hearing - Findings of fact and order. Repealed by S.L. 1997, ch. 378, Hearing. All hearings must be conducted pursuant to chapter For purposes of a hearing, section applies only to the licensee or applicant Appeal from decision of board. An appeal from the final decision of the board in any matter covered by this chapter may be taken to the Burleigh County district court or the aggrieved party's county of residence in accordance with chapter Page No. 8
9 Persons exempt from this chapter. This chapter does not apply to: 1. A student or intern pursuing a course of study in psychology, industrial-organizational psychology, or applied behavior analysis at a school or college, if the activities and services are a part of the individual's supervised course of study and are under the supervision of a licensed psychologist, industrial-organizational psychologist, or applied behavior analyst. The student or intern may not use the title "psychologist", "industrial-organizational psychologist", "licensed behavior analyst", or "registered applied behavior analyst". The student or intern status and the supervisor must be clearly stated. 2. A lecturer, from any school or college, who uses an academic or research title when lecturing to institutions or organizations. However, the lecturer may not engage in the practice of psychology, applied behavior analysis, or industrial-organizational psychology unless the lecturer is licensed or registered under this chapter. 3. An individual employed by a public school if that individual's activities and services are restricted to the practice of psychology in the district or service unit of employment. This exemption applies only if the individual has received a master's degree in school psychology from an accredited graduate training program. Standards must be established by mutual consent of the board and the superintendent of public instruction. 4. A person certified, licensed, or registered in this state in another health care profession, or as a member of the clergy functioning in a ministerial capacity, whose scope of practice is consistent with the accepted standards of that person's profession. A person claiming an exemption under this subsection may not represent to be rendering psychological or applied behavior analysis services. 5. An applicant licensed to practice psychology or industrial-organizational psychology in another jurisdiction, pending disposition of the applicant's application in this state, if the applicant notifies the board on a form provided by the board of the applicant's intent to practice pending disposition of the application and the applicant adheres to the requirements of this chapter and the rules adopted by the board. 6. A person employed by an agency, a nonprofit corporation, or an institution if that person is currently exempt from licensure. A person exempt under this subsection continues to be exempt if the person continues employment in the same position with the agency, nonprofit corporation, or institution that applied for and received the exemption. 7. An individual providing applied behavior analysis services to an individual in a public school setting. 8. An individual providing applied behavior analysis services to an individual served by a public or private service agency licensed by the state to provide residential, habilitative, vocational, or social support services as defined by the board when performed as part of an individual support plan supervised by a professional employee meeting the requirements of that agency's licensure standards, provided the professional employee does not represent to the public as a registrant, applied behavior analyst, or psychologist. 9. An individual who is implementing applied behavior analysis services to an immediate family member or as a paid or volunteer caregiver implementing procedures established by the family or by the individual served in any setting, if the individual or caregiver does not represent as a registrant or an applied behavior analyst. 10 An individual licensed as an occupational therapist or an occupational therapy assistant pursuant to chapter within the body of knowledge and scope of professional practice of occupational therapy Violation - Penalty - Injunction. Any person who violates any of the provisions of this chapter is guilty of a class B misdemeanor. In addition to the criminal penalties provided, the civil remedy of injunction is Page No. 9
10 available to restrain and enjoin violations of any provisions of this chapter without proof of actual damages sustained by any person Drugs - Medicine. This chapter may not be construed as permitting a licensee to administer or prescribe drugs, or in any manner engage in the practice of medicine as defined by the laws of this state Applied behavior analysis - Licensure or registration required - Titles. Unless a registrant, an applied behavior analyst, or a psychologist, a person may not: 1. Engage in the practice of applied behavior analysis or render services designated as applied behavior analysis or hold out as a practitioner of applied behavior analysis in this state; or 2. Use the title "licensed applied behavior analyst" or "registered applied behavior analyst" or any title that is substantially the same unless licensed or registered by the board under this chapter Applied behavior analysis - Renewal - Fees. 1. The board shall issue a license or registration to each applicant who files an application for registration as a registered applied behavior analyst or for licensure as an applied behavior analyst upon a form and in a manner the board prescribes; submits the required fee established by the board; and demonstrates the applicant meets the requirements of subsection An applicant under this section shall demonstrate the applicant: a. Has met board-approved education requirements, such as the education requirements of the board-certified behavior analyst standards; b. Has passed a board-approved demonstration of professional competence, such as a standardized examination specific to the profession such as the board-certified behavior analyst examination; and c. Has established supervision requirements as determined by the board for practice when applying as a registered applied behavior analyst. 3. The board may withhold, deny, revoke, or suspend a license or registration for applied behavior analyst applied for or issued under this chapter and otherwise may discipline a license or registration holder or applicant in the same manner provided under section A complaint regarding or board investigation of a licensed or registered applied behavior analyst is filed or conducted in the same manner as provided under section Page No. 10
Sixty-fourth Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 6, 2015 HOUSE BILL NO. 1274 (Representatives Fehr, D. Anderson, Hofstad, Lefor) AN ACT to amend and reenact
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