2005 Legislation
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HOUSE BILL NO. 44 – Psychologists, license, qualificatn


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H0044.................................................by HEALTH AND WELFARE
PSYCHOLOGISTS - Amends existing law relating to psychologists to revise
definitions; to prohibit certain conduct absent a license to practice
psychology; to clarify application of the chapter to other professions; and
to revise terminology.
01/25    House intro - 1st rdg - to printing
01/26    Rpt prt - to Health/Wel

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 44
                              BY HEALTH AND WELFARE COMMITTEE
  1                                        AN ACT
  6        TIONS 54-2304, 54-2305 AND 54-2306, IDAHO CODE, TO REVISE TERMINOLOGY; AND
  8    Be It Enacted by the Legislature of the State of Idaho:
  9        SECTION  1.  That  Section 54-2302, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
 11        54-2302.  DEFINITIONS. Within the meaning of this act the following  defi-
 12    nitions obtain:
 13        (a)  "Department"  means  the department of self-governing agencies of the
 14    state of Idaho.
 15        (b)  "Bureau chief" means the chief of the bureau of occupational licenses
 16    of the state of Idaho.
 17        (c)  "Board" means the Idaho state board of psychologist examiners.
 18        (d)  "Person," "he" and "his" mean either male or female persons unless  a
 19    contrary  intention  is  made  manifest. None of these words shall be taken to
 20    mean other than a natural person.
 21        (e)  "Psychological services"  means  any  services  to  which  the  words
 22    "psychological," "psychologist" or "psychology" are applied by the person ren-
 23    dering  or  offering  to  render  them  or  to the "practice of psychology" as
 24    defined in section 54-2302(fe), Idaho Code.
 25        (fe)  "Practice of psychology" means the application of established  prin-
 26    ciples  of learning, motivation, perception, thinking, and emotional relation-
 27    ships to problems of  personnel  evaluation,  group  relations,  and  behavior
 28    adjustment. The application of said principles includes, but is not restricted
 29    to,  counseling  and  the  use  of  psychotherapeutic measures with persons or
 30    groups to eliminate symptomatic, maladaptive or undesired behavior  so  as  to
 31    enhance  interpersonal relationships in the areas of work, family, school, and
 32    personal relationships; measuring and testing  of  personality,  intelligence,
 33    aptitudes,  emotions,  public  opinion,  attitudes, and skills; diagnosing and
 34    treating mental and emotional disorders or disabilities; and doing research on
 35    problems relating to human behavior.
 36        (g)  A person represents himself to be a psychologist when he  holds  him-
 37    self  out  to  the  public by any title or description incorporating the words
 38    "psychological," "psychologist" or "psychology" or offers to render or renders
 39    psychological services for remuneration.
 40        SECTION 2.  That Section 54-2303, Idaho Code, be, and the same  is  hereby
 41    amended to read as follows:
  1        54-2303.  LICENSE  REQUIRED  --  EXEMPTIONS.  It shall be unlawful for any
  2    person to practice or to offer to practice psychology, or for  any  person  to
  3    represent  himself  to be or herself as a psychologist, or to use any title or
  4    description  incorporating  the  words  "psychological,"   "psychologist"   or
  5    "psychology" or to offer to render or to render psychological  services unless
  6    he shall first obtain a licensed pursuant to this act chapter, except as here-
  7    inafter provided.
  8        (a)  Nothing  in  this chapter shall be construed to limit the activities,
  9    and use of an official title on the part of a person in the employ of  a  fed-
 10    eral,  state,  county,  or  municipal  agency, or other political subdivision,
 11    insofar that such activities or services are a part of the duties  in  his  of
 12    the  salaried  position, and insofar that such activities or services are per-
 13    formed solely on behalf of his the employer.
 14        (b)  Nothing in this chapter shall be construed to  limit  the  activities
 15    and  services  of  a  student,  interne, or resident in psychology, pursuing a
 16    course of study approved by the board as qualifying  training  and  experience
 17    for  psychologists,  provided  that  such activities and services constitute a
 18    part of his the supervised course of study, and  he the supervisee  is  desig-
 19    nated  by  such titles as "psychology interne," "psychology trainee," or other
 20    title clearly indicating such training status. Nothing in this  chapter  shall
 21    be  construed to limit the activities of a person employed by a duly chartered
 22    educational institution solely as an administrator, teacher, or researcher  or
 23    combination thereof in the discharge of those duties.
 24        (c)  Nothing in this chapter shall be construed to prevent unlicensed per-
 25    sons  from providing certain services under the direct supervision and control
 26    of licensed psychologists, under such rules  as  may  be  established  by  the
 27    board.
 28        (d)  Nothing  in this chapter shall be construed to prevent qualified mem-
 29    bers of other professions such as physicians, licensed counselors,  or  social
 30    workers  licensed  by  the  state  of Idaho from doing work of a psychological
 31    nature provided such work is consistent with  their  training  and  consistent
 32    with the code of ethics laws and rules of their respective professions.
 33        SECTION  3.  That  Section 54-2304, Idaho Code, be, and the same is hereby
 34    amended to read as follows:
 36    hereby  created  in  the department of self-governing agencies, an Idaho state
 37    board of psychologist examiners as follows:
 38        (a)  Said board shall consist of four (4)  licensed  psychologist  members
 39    and  one (1) public member who is not a practitioner or spouse of a practitio-
 40    ner in any health care field and who is not a convicted felon and who has  not
 41    been  an  applicant  for  licensure as a psychologist, who are citizens of the
 42    United States, residents of the state of Idaho, and appointed by the  governor
 43    for  four  (4) year terms.  The psychologist members' terms shall be staggered
 44    such that only one (1) term expires June 30 of each year.
 45        (b)  Each psychologist board member shall be licensed under this act.
 46        (c)  When the term of each psychologist member of the board ends, the gov-
 47    ernor shall appoint his a successor for a term of four (4) years from  a  list
 48    of  eligible  candidates for board membership submitted to the governor by the
 49    president of the Idaho psychological association. Any vacancy occurring on the
 50    board shall be filled by the governor, from a list of all eligible  candidates
 51    for  board membership, by appointment for the unexpired term. The governor may
 52    give consideration to recommendations from any source in  making  appointments
 53    of  the public member to a full or unexpired term. The governor may remove any
  1    board member for misconduct, incompetency, or neglect of duty after giving the
  2    board member a written statement of the charges and an opportunity to be heard
  3    thereon.
  4        (d)  At all times, the board shall have at least one  (1)  member  who  is
  5    engaged    primarily  in rendering services in psychology and at least one (1)
  6    member who is engaged primarily in teaching, training, or research in psychol-
  7    ogy.
  8        (e)  No board member shall serve more than two (2) consecutive terms.
  9        (f)  Each board  member  shall  be  compensated  as  provided  by  section
 10    59-509(n), Idaho Code.
 11        (g)  The  board  shall  annually in the month of July, hold a meeting, and
 12    elect a chairman and vice chairman. The board shall meet at such  other  times
 13    as  deemed  necessary  and  advisable by the chairman, or by a majority of its
 14    members, or by the governor. Reasonable notice of all meetings shall be  given
 15    in  the  manner prescribed by the board. A majority of the board shall consti-
 16    tute a quorum at any meeting or hearing.
 17        SECTION 4.  That Section 54-2305, Idaho Code, be, and the same  is  hereby
 18    amended to read as follows:
 19        54-2305.  BOARD OF PSYCHOLOGIST EXAMINERS -- POWERS. The board of psychol-
 20    ogist examiners shall have the following powers:
 21        (a)  To  pass  upon  the  qualifications  and  fitness  of  applicants for
 22    licenses and reciprocal licenses; and, at its option to adopt and revise rules
 23    requiring applicants to pass examinations relating to their qualifications  as
 24    a prerequisite to the issuance of licenses.
 25        (b)  To  adopt,  and,  from  time to time, revise such rules in accordance
 26    with the provisions of chapter 52, title 67, Idaho Code, and not  inconsistent
 27    with  the  law as may be necessary to carry into effect the provisions of this
 28    act. Such rules shall include, but need not be limited to, (1) a code of  eth-
 29    ics  for psychologists in the state consistent with the current, and as future
 30    amended, ethical standards for psychologists  of  the  American  psychological
 31    association; (2) the educational and professional qualifications of applicants
 32    for licensing under this act.
 33        (c)  To  examine  for, deny, approve, issue, revoke, suspend and renew the
 34    licenses of psychologists and psychologist applicants pursuant  to  this  act,
 35    and to conduct hearings in connection therewith.
 36        (d)  To conduct hearings upon complaints concerning violations of the pro-
 37    visions  of  and the rules adopted pursuant to this act and cause the prosecu-
 38    tion and enjoinder of all such violations.
 39        (e)  The board, or its duly appointed  hearing  officer,  shall  have  the
 40    power  in any disciplinary proceeding under this chapter, to administer oaths,
 41    take depositions of witnesses within or without the state in the  manner  pro-
 42    vided by law in civil cases, and may apply to any district court of this state
 43    for  a subpoena to require the attendance of such witnesses and the production
 44    of such books, records, and papers as it deems necessary. The fees and mileage
 45    of the witnesses shall be the same as that allowed in district courts in crim-
 46    inal cases, which fees and mileage shall be paid in the same manner  as  other
 47    expenses of the board are paid. In any case of disobedience to, or neglect of,
 48    any subpoena or subpoena duces tecum served upon any person, or the refusal of
 49    any  witness to testify to any matter regarding for which he the person may be
 50    lawfully interrogated. It shall be the duty of  any  district  court  in  this
 51    state,  on application by the board, to compel compliance with the subpoena by
 52    proceedings for contempt, as in the case of disobedience of  the  requirements
 53    of  the  subpoena  issued  from such court for refusal to testify therein. The
  1    licensed person accused in such proceedings shall have the same right of  sub-
  2    poena.
  3        (f)  Proceedings before the board and judicial review of the action of the
  4    board shall be governed by the provisions of chapter 52, title 67, Idaho Code.
  5        (g)  To  authorize,  by  written  agreement,  the  bureau  of occupational
  6    licenses as agent to act in its interest.
  7        (h)  To adopt a rule requiring continuing education as a condition of con-
  8    tinued licensure.
  9        SECTION 5.  That Section 54-2306, Idaho Code, be, and the same  is  hereby
 10    amended to read as follows:
 11        54-2306.  EXEMPTION  OF  SOCIAL PSYCHOLOGISTS. A person describing himself
 12    or herself as a "social psychologist" is exempt from any and all provisions of
 13    this act, provided he such person is verified to be a "social psychologist" by
 14    the American sociological association.
 15        SECTION 6.  That Section 54-2312A, Idaho Code, be, and the same is  hereby
 16    amended to read as follows:
 17        54-2312A.  SENIOR  PSYCHOLOGIST. The board may grant a license to any per-
 18    son who submits a completed application, including the application fee  and  a
 19    license  fee  not to exceed two hundred dollars ($200) as established by board
 20    rule, and who:
 21        (1)  Is of good moral character;
 22        (2)  Has maintained a valid psychology license based on a doctoral  degree
 23    in  the  United  States  or  Canada  for a period of not less than twenty (20)
 24    years;
 25        (3)  Has a documented record of psychology practice for five  (5)  of  the
 26    last seven (7) years immediately prior to the date of application;
 27        (4)  Has  met  the  continuing  education requirement of the board for not
 28    less  than five (5) calendar years immediately prior to the date  of  applica-
 29    tion;
 30        (5)  Has  not  been the subject of any disciplinary action within the last
 31    seven (7) years prior to application or has never  voluntarily  surrendered  a
 32    license to practice psychology in any jurisdiction; and
 33        (6)  Has  certified under oath that he the applicant has reviewed and will
 34    abide by the laws and rules governing the practice of psychology in Idaho  and
 35    the code of ethics of the American psychological association.
 36        SECTION  7.  That  Section 54-2314, Idaho Code, be, and the same is hereby
 37    amended to read as follows:
 39    CATIONS  BETWEEN  PSYCHOLOGIST AND CLIENT. A person licensed as a psychologist
 40    under the provisions of this act cannot, without the written  consent  of  his
 41    the  client,  be  examined in a civil or criminal action as to any information
 42    acquired in the course of his the licensee's professional services  in  behalf
 43    of  the  client.  The confidential relations and communications between a psy-
 44    chologist and his the psychologist's client are on the  same  basis  as  those
 45    provided  by  law  between an attorney and client, and nothing in this article
 46    shall be construed to require any such privileged  communication  to  be  dis-
 47    closed.

Statement of Purpose / Fiscal Impact

                     STATEMENT  OF  PURPOSE
                           RS 14417C1

Amends section 54-2302, 54-2303, 54-2304, 54-2305, 54-2306, 54-
2312a and 54-2314 Idaho Code, to clean up references to gender. 
The Board of Psychologist Examiners felt the change would make
gender references more consistent. 

                           FISCAL NOTE

There is no fiscal impact on General or dedicated funds.

Name:     Cherie Simpson
Agency:   Occupational License, Bureau
Phone:    334-3233

Statement of Purpose/Fiscal Impact                    H 44