DAR File No. 32366

Commerce, Occupational and Professional Licensing

R156-61

Psychologist Licensing Act Rule

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 32366
Filed: 02/10/2009, 08:00
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Title 58, Chapter 61, provides for the licensure of psychologists and certified psychology residents. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-61-201(3) provides that the Psychologist Board's duties and responsibilities shall be in accordance with Section 58-1-202. Subsection 58-1-202(1)(a) provides that one of the duties of each board is to recommend appropriate rules to the division director. This rule was enacted to clarify the provisions of Title 58, Chapter 61, with respect to psychologists and certified psychology residents.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Since the rule was last reviewed in June 2004, it has been amended two times, once in January 2005 and once in May 2008. The Division received the following written comments with respect to the proposed rule amendments filed in early 2008: a 01/19/2008 email from Navina Forsythe regarding Section R156-61-302b and the proposed amendments regarding experience requirements. Ms. Forsythe provided some suggested wording changes to the Division in her email; a 01/21/2008 letter from the Utah Psychological Association in which they suggested various changes to the proposed rule amendments; a 02/11/2008 email from Hunter Finch, Governor's Office of Planning and Budget, notifying the Division of some statutory citation corrections; and an 04/28/2008 letter from Frances N. Harris. Ph.D. commenting on the proposed experience requirements. As a result of comments offered during a 02/06/2008 rule hearing and the written comments received by the Division, a change in proposed rule filing was filed whereby some of the suggested changes were incorporated. The Division has received no other written comments with respect to this rule beyond those identified above.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 61, with respect to psychologists and certified psychology residents. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Rich Oborn at the above address, by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at roborn@utah.gov

Authorized by:

F. David Stanley, Director