Print Friendly HOUSE BILL NO. 44 – Psychologists, license, qualificatn
HOUSE BILL NO. 44
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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
]]]] 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
2 RELATING TO PSYCHOLOGISTS; AMENDING SECTION 54-2302, IDAHO CODE, TO REVISE
3 DEFINITIONS; AMENDING SECTION 54-2303, IDAHO CODE, TO PROHIBIT CERTAIN
4 CONDUCT ABSENT A LICENSE TO PRACTICE PSYCHOLOGY, TO REVISE TERMINOLOGY AND
5 TO CLARIFY APPLICATION OF THE CHAPTER TO OTHER PROFESSIONS; AMENDING SEC-
6 TIONS 54-2304, 54-2305 AND 54-2306, IDAHO CODE, TO REVISE TERMINOLOGY; AND
7 AMENDING SECTIONS 54-2312A AND 54-2314, IDAHO CODE, TO REVISE TERMINOLOGY.
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
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:
35 54-2304. ESTABLISHMENT OF BOARD OF PSYCHOLOGIST EXAMINERS. There is
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
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-
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-
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)
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-
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:
38 54-2314. PRIVILEGED COMMUNICATION -- CONFIDENTIAL RELATIONS AND COMMUNI-
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-
STATEMENT OF PURPOSE
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.
There is no fiscal impact on General or dedicated funds.
Name: Cherie Simpson
Agency: Occupational License, Bureau
Statement of Purpose/Fiscal Impact H 44