SB 51 revise certain terminology, licensing requirements, and procedur...
ENTITLED, An Act to
revise certain terminology, licensing requirements, and procedures regarding
the Board of Examiners of Psychologists.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1.
That
§
36-27A-1
be amended to read as follows:
36-27A-1.
Terms used in this chapter, unless the context otherwise requires, mean:
(1)
"Board," the Board of Examiners of Psychologists established under this chapter;
(2)
"Program in psychology," a doctoral program, including a doctor of philosophy degree
(Ph. D.), a doctor of psychology degree (Psy. D.) and a doctor of education degree (Ed.
D.), for training in psychology that meets all of the following criteria:
(a)
The program offers doctoral education and training in a regionally accredited
institution of higher education in the United States, or, in the case of Canadian
programs, the institution is recognized by the Association of Universities and
Colleges of Canada as a member in good standing;
(b)
The program, wherever it may be administratively housed, is identified as a
psychology program as certified by the educational institution. The board may
review the institutional catalogs and brochures to determine the psychological
nature of the program;
(c)
The program must be a recognizable, coherent organizational entity within the
institution;
(d)
There must be a clear authority and primary responsibility for the core and
specialty areas whether or not the program cuts across administrative lines;
(e)
The program must be an integrated, organized sequence of study;
(f)
There must be an identifiable psychology faculty;
(g)
The program must have an identifiable body of students who are matriculated in
that program for the purpose of receiving a degree;
(h)
The program must include supervised practicum, field or laboratory training in
psychology, and a supervised psychology internship pursuant to ARSD
20:60:08:01;
(i)
The curriculum must encompass a minimum of three academic years of full time
graduate study and completion of a psychology internship prior to awarding the
doctoral degree. At least two of the three academic training years must be with the
institution from which the doctoral degree is granted, and at least one year of which
must be in full time residence at that same institution. In addition to instruction in
scientific and professional ethics and standards, research design and methodology,
statistics and psychometrics, the core program shall require each student to
demonstrate competence in each of the four following substantive areas. This may
be met by including a minimum of three or more graduate semester hours (five or
more graduate quarter hours) in these four substantive content areas:
(i)
Biological aspects of behavior: physiological psychology, comparative
psychology, neuro-psychology, psychopharmacology, psychophysics;
(ii)
Cognitive-affective aspects of behavior: learning, thinking, motivation,
emotion;
(iii)
Social aspects of behavior: social psychology, community psychology,
organizational and systems theory, minority group studies;
(iv)
Individual differences: personality theory, human development,
psychopathology, cultural diversity.
In addition to these criteria, the programs shall include course requirements in specialty
areas of psychology.
(3)
"Psychological procedures," include but are not restricted to the application of principles,
methods or procedures of understanding, predicting or influencing behavior, such as the
principles pertaining to learning, conditioning, perception, motivation, thinking, emotions
or interpersonal relationships; the methods or procedures of verbal interaction,
interviewing, counseling, behavior modification, environmental manipulation, group
process, psychotherapy, biofeedback or hypnosis; and the methods or procedures of
administering or interpreting tests of mental abilities, aptitudes, interests, attitudes,
personality characteristics, emotions or motivation;
(4)
"Psychologist," a person licensed under this chapter in the practice of psychology who
holds himself or herself out to the public by any title or description of services which uses
the words psychological, psychology, psychologist, psychometrist, or any derivations
thereof;
(5)
"The practice of psychology," 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. The term
includes psychological testing and the evaluation or assessment of personal
characteristics, such as intelligence, personality, abilities, interests, aptitudes, and
neuropsychological functioning; individual, marital, family, or group counseling;
psychotherapy and other therapeutic techniques based on psychological principles;
diagnosis and treatment of mental and emotional disorders or disabilities, 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 practice of psychology is the rendering of
psychological services to individuals, families, groups, and the public and is without
regard to whether payment is received for services rendered.
Section 2.
That
§
36-27A-2
be amended to read as follows:
36-27A-2.
The provisions of this chapter do not apply to the following persons:
(1)
Employees of a regionally accredited academic institution while performing their
teaching, training or research duties;
(2)
Employees working in public or private nonprofit organizations or institutions if they are
being supervised by a licensed psychologist. The nature of an acceptable supervisory
relationship shall be specified by the Board of Examiners of Psychologists in rules
promulgated pursuant to chapter 1-26;
(3)
Students of psychology, psychology interns or persons preparing for the practice of
psychology, if they are designated by the title psychology trainee, psychology intern, or
similar title which clearly indicates their training status. Persons engaged in obtaining
their one year of supervised postdoctoral psychology practice are also exempt;
(4)
Persons who are not residents of this state, and who have not established offices in this
state, who render psychological services in this state for a period which does not exceed
an aggregate of more than twenty days during any one year, if they are authorized under
the laws of the state or country of their residence to perform these activities and services.
If a provider exceeds ten consecutive days of practice in this state in any calendar year the
provider shall report to the board, in writing, the nature and extent of the provider's
practice in this state;
(5)
Persons consulting in the specialty areas of experimental psychology,
industrial/organizational psychology, developmental psychology, social psychology,
human factors psychology, and research design. Persons, who represent themselves as
consulting in these specialty areas, shall notify the board of the general nature of their
activities, unless they are otherwise exempted by this section;
(6)
School psychologists and school psychological examiners certified by the division of
education services and resources practicing and functioning within the scope of their
employment if they use the title certified school psychologist or school psychological
examiner;
(7)
Qualified physicians, surgeons, dentists, osteopaths, optometrists, chiropractors,
podiatrists, registered nurses, attorneys, court employees, marriage counselors, family
counselors, members of the clergy, mental health counselors, school counselors,
rehabilitation counselors, employment counselors, guidance counselors, social workers,
or licensed professional counselors doing work within the standards and ethics of their
respective professions if they do not hold themselves out to the public by any title
incorporating the term psychology; or
(8)
Employers in the normal course of evaluating and assessing the skills, aptitudes, and
interests of employees and job applicants.
Section 3.
That
§
36-27A-8
be amended to read as follows:
36-27A-8.
The board shall elect officers annually. The board shall meet at least once a year at
a place and time determined by the president of the board. The board secretary is responsible for
taking and keeping the minutes of all board meetings.
Section 4.
That
§
36-27A-11
be amended to read as follows:
36-27A-11.
A psychologist licensed by another state, or by a province of Canada, may practice
within this state for a maximum of six months, during which time the psychologist's credentials shall
be reviewed and the psychologist's application for licensing accepted or denied. Within thirty
calendar days after the commencement of the psychologist's practice in this state, the psychologist
shall apply to the Board of Examiners of Psychologists for licensing. The board, upon application
and payment of the license fee, shall license any person who is licensed by any other country, state,
territory or possession of the United States, if the license was issued under the minimum
requirements of this chapter and who has practiced at least five years in such jurisdiction, and who
does not have a complaint pending with such state or province, or any other jurisdiction. The
application shall include a consent by the applicant for the release of information by all prior
jurisdictions where licensed of all information relative to the applicant, including any disciplinary
proceedings even if, by agreement or otherwise, the proceedings are confidential.
Section 5.
That
§
36-27A-12
be amended to read as follows:
36-27A-12.
The board shall issue a license as a psychologist to an applicant who:
(1)
Has a doctoral degree from a regionally accredited university or professional school of
psychology, or is recognized by the Association of Universities and Colleges of Canada
as a member in good standing;
(2)
Has passed any examination specified by the board for this purpose;
(3)
Has had a supervised psychology internship amounting to not less than one thousand eight
hundred hours in duration over a period of not more than two consecutive calendar years.
The board shall specify, by rules promulgated pursuant to chapter 1-26, the nature of an
acceptable supervised psychology internship;
(4) Has had one year of supervised postdoctoral psychology practice. The board shall specify,
by rules promulgated pursuant to chapter 1-26, the nature of an acceptable postdoctoral
year of supervised psychology practice; and
(5) Has not been convicted of a felony or a misdemeanor involving moral turpitude as defined
in subdivision 22-1-2(25).
Section 6.
That
§
36-27A-12.1
be amended to read as follows:
36-27A-12.1.
The board may issue a provisional license not to exceed twelve months in duration
to an applicant who is completing the one-year of supervised postdoctoral psychology practice if the
applicant has satisfied the requirements of subdivision 36-27A-12(1), passed a written national
standardized examination, and has completed the supervised psychology internship as specified in
subdivision 36-27A-12(3).
Section 7.
That
§
36-27A-22
be amended to read as follows:
36-27A-22.
The board shall hold examinations at least semiannually at a place designated by the
board. The type of examinations, including a national standardized examination, required shall be
determined by the board.
Section 8.
That
§
36-27A-28
be amended to read as follows:
36-27A-28.
The board may suspend or revoke the license of a psychologist or require
remediation or impose other sanctions on a psychologist, may deny licensure to any applicant, or
require remediation prior to the issuance of a license, upon the following grounds:
(1)
The licensee is guilty of fraud or deceit in the licensee's admission to practice or in the
practice of psychology, or an applicant for licensure is guilty of fraud or deceit in the
applicant's attempted admission to practice psychology;
(2)
The licensee or applicant for licensure has been convicted of a felony or a serious crime
during the past five years. The term, felony, means an offense which, if committed in
South Dakota, would be a felony under South Dakota law. The term, serious crime, means
a felony or a lesser crime involving moral turpitude as defined in subdivision 22-1-2(25);
(3)
The licensee or applicant for licensure is or has been engaged in the practice of
psychology under a false or assumed name and has not registered that name pursuant to
chapter 37-11, or is impersonating another practitioner of a like or different name;
(4)
The licensee or applicant for licensure is using intoxicating liquors, narcotics or
stimulants to such an extent as to impede the licensee or applicant from the performance
of the licensee's or applicant's professional duties as a psychologist;
(5)
The physical or mental condition of the licensee or applicant for licensure is determined
to be such as to jeopardize or endanger those who seek the professional services of the
licensee or applicant. By a majority vote of the entire board, the board may demand a
physical or mental examination of a licensee or applicant for licensure. The failure to
submit to the examination is immediate grounds for the suspension of the licensee's
license or grounds for denial of a license to an applicant for licensure;
(6)
The licensee or applicant for licensure has been found in violation of the code of ethics
adopted by the board;
(7)
The licensee has obtained or attempted to obtain a license, certificate or renewal thereof
by bribery or fraudulent representation;
(8)
The licensee knowingly made a false statement in connection with any application
required by this chapter;
(9)
The licensee lacks required training or fails to meet the continuing education requirements
set by the board;
(10)
The licensee knowingly made a false statement on any form promulgated pursuant to this
chapter; or
(11)
The licensee has violated any provision of this chapter or the rules promulgated by the
board.
Section 9.
That
§
36-27A-30
be amended to read as follows:
36-27A-30.
The decision of the board to suspend, revoke, or deny a license requires a majority
vote of all the board members.
An Act to revise certain terminology, licensing requirements, and procedures regarding the Board
of Examiners of Psychologists.
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I certify that the attached
Act
originated in the
SENATE as
Bill
No.
51
____________________________
Secretary of the Senate
=========================
____________________________
President of the Senate
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
Chief Clerk
Senate
Bill
No.
51
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
=========================
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
=========================
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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