Commerce, Occupational and Professional Licensing

Rule R156-61

Psychologist Licensing Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 33734
Filed: 06/14/2010 04:10:01 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Psychologist Licensing Board reviewed the rule and determined that changes need to be made to clarify the education requirement for applicants whose psychology degree is from a program that is not accredited by the Committee on Accreditation of the American Psychological Association and to make other minor corrections.

Summary of the rule or change:

In Section R156-61-103, updated statutory citation. In Section R156-61-201, updated name of Psychologist Licensing Board as provided in Subsection 58-61-102(1). In Subsection R156-61-302a(2)(e), amendments are made to clarify the education requirement for applicants whose psychology degree is from a program that is not accredited by the Committee on Accreditation of the American Psychological Association (COA). The proposed amendments emphasize the fact that the Association of State and Provincial Psychology Boards/National Register Joint Designation Committee must recognize a non-COA accredited program as having met designation criteria. Subsection R156-61-302a(2)(f) is added that foreign educated applicants shall have the education program they completed evaluated by a credential evaluation service that is a member of the National Association of Credential Evaluation Services. In Section R156-61-302c, amendments update the name of the Utah Psychologist Law and Ethics Examination as provided in Subsection 58-61-304(2)(d).

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Subsection 58-1-202(1)(a)
• Section 58-61-101

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. The proposed amendments are only a clarification and a correction of incorrect citations and terms; as a result, the proposed amendments have no significant cost or savings impact.

local governments:

The proposed amendments only apply to licensed psychologists and applicants for licensure in that classification. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed psychologists and applicants for licensure in that classification. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only apply to licensed psychologists and applicants for licensure in that classification. Since the proposed amendments are only a clarification and a correction of incorrect citations and terms, the Division determined the amendments would have no significant cost or savings impact. Foreign-educated psychology applicants will need to pay approximately $160 - $355 to have their education program evaluated to determine equivalency with degrees obtained from institutions in the United States or Canada. The Division is not able to determine how many foreign-educated psychology applicants will apply for licensure and will therefore need the evaluation completed.

Compliance costs for affected persons:

The proposed amendments only apply to licensed psychologists and applicants for licensure in that classification. Since the proposed amendments are only a clarification and a correction of incorrect citations and terms, the Division determined the amendments would have no significant cost impact. Foreign educated psychology applicants will need to pay approximately $160 - $355 to have their education program evaluated to determine equivalency with degrees obtained from institutions in the United States or Canada.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing is generally clarifying in nature. No fiscal impact to businesses is anticipated from such clarifications or from the statement of an existing practice - when the Division receives an application from licensure from a foreign educated applicant, the applicant is required to obtain an evaluation by a credential evaluation service.

Francine A. Giani, Executive Director

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
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

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/02/2010

Interested persons may attend a public hearing regarding this rule:

• 07/19/2010 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

08/09/2010

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-61. Psychologist Licensing Act Rule.

R156-61-103. Authority - Purpose.

This rule is adopted by the Division under the authority of Subsection 58-1-106(1) (a) to enable the Division to administer Title 58, Chapter 61.

 

R156-61-201. Advisory Peer Committee Created - Membership - Duties.

(1) There is hereby enabled in accordance with Subsection 58-1-203(1)(f), the Ethics Committee as an advisory peer committee to the Psycholog[y]ist Licensing Board on either a permanent or ad hoc basis consisting of members licensed in good standing as psychologists qualified to engage in the practice of mental health therapy, in number and area of expertise necessary to fulfill the duties and responsibilities of the committee as set forth in Subsection (3).

(2) The committee shall be appointed and serve in accordance with Section R156-1-205.

(3) The committee shall assist the Division in its duties, functions, and responsibilities defined in Section 58-1-202 including:

(a) upon the request of the Division, reviewing reported violations of Utah law or the standards and ethics of the profession by a person licensed as a psychologist and advising the Division if allegations against or information known about the person presents a reasonable basis to initiate or continue an investigation with respect to the person;

(b) upon the request of the Division providing expert advice to the Division with respect to conduct of an investigation; and

(c) when appropriate serving as an expert witness in matters before the Division.

 

R156-61-302a. Qualifications for Licensure - Education Requirements.

(1) In accordance with Subsection 58-61-304(1)(d), an institution or program of higher education awarding a psychology degree that qualifies an applicant for licensure as a psychologist shall be accredited by the CoA.

(a) An applicant must graduate from the actual program that is accredited by CoA. No other program within the department or institution qualifies unless separately accredited.

(b) If a transcript does not uniquely identify the qualifying CoA accredited degree program, it is the responsibility of the applicant to provide signed, written documentation from the program director or department chair that the applicant did indeed graduate from the qualifying accredited degree program.

(2) In accordance with Subsection 58-61-304(1)(d), an institution or program of higher education awarding a psychology doctoral degree that is not accredited by CoA must meet the following criteria in order to qualify an applicant for licensure as a psychologist:

(a) if located in the United States or Canada, be accredited by a professional accrediting body approved by the Council for Higher Education of the American Council on Education, at the time the applicant received the required earned degree;

(b) if located outside of the United States or Canada, be equivalent to an accredited program under Subsection (a), and the burden to demonstrate equivalency shall be upon the applicant;

(c) result from successful completion of a program conducted or based on a college or university campus;

(d) result from a program which includes at least one year of residence at the educational institution;

(e) if located in the United States or Canada, be an institution having a doctoral psychology program [meeting "Designation" criteria, as ]recognized by the Association of State and Provincial Psychology Boards/National Register Joint Designation Committee as being found to meet "designation criteria", at the time the applicant received the earned degree[,]. Whether a program is found to meet designation criteria is a decision to be made by the Association of State and Provincial Psychology Boards/National Register Joint Designation Committee. [or if]

(f) if located outside of the United States or Canada, the applicant shall have the education program evaluated by a credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) for the purpose of determining whether the education is substantially equivalent to the education required of applicants with degrees from institutions located in the United States or Canada[meet the same criteria by which a program is recognized by the Association of State and Provincial Psychology Boards at the time the applicant received the earned degree];

([f]g) have an organized and clearly identified sequence of study to provide an integrated educational experience appropriate to preparation for the professional practice of psychology and licensure, and shall clearly identify those persons responsible for the program with clear authority and responsibility for the core and specialty areas regardless of whether or not the program cuts across administrative lines in the educational institution;

([g]h) clearly identify in catalogues or other publications the psychology faculty, demonstrate that the faculty is sufficient in number and experience to fulfill its responsibility to adequately educate and train professional psychologists, and demonstrate that the program is under the direction of a professionally trained psychologist;

([h]i) grant earned degrees resulting from a program encompassing a minimum of three academic years of full time graduate study with an identifiable body of students who are matriculated in the program for the purpose of obtaining a doctoral degree;

([i]j) include supervised practicum, internship, and field or laboratory training appropriate to the practice of psychology;

([j]k) require successful completion of a minimum of two semester/three quarter hour graduate level core courses including:

(i) scientific and professional ethics and standards;

(ii) research design and methodology;

(iii) statistics; and

(iv) psychometrics including test construction and measurement;

([k]l) require successful completion of a minimum of two graduate level semester hours/three graduate level quarter hours in each of the following knowledge areas. Course work must have a theoretical focus as opposed to an applied, clinical focus:

(i) biological bases of behavior such as physiological psychology, comparative psychology, neuropsychology, psychopharmacology, perception and sensation;

(ii) cognitive-affective bases of behavior such as learning, thinking, cognition, motivation and emotion;

(iii) social and cultural bases of behavior such as social psychology, organizational psychology, general systems theory, and group dynamics; and

(iv) individual differences such as human development, personality theory and abnormal psychology; and

([l]m) require successful completion of specialty course work and professional education courses necessary to prepare the applicant adequately for the practice of psychology.

(3) An applicant whose psychology doctoral degree training is not designed to lead to clinical practice or who wishes to practice in a substantially different area than the training of the doctoral degree shall complete a program of respecialization as defined in Subsection R156-61-102(5), and shall meet requirements of Subsections R156-61-302a(2).

(4) In accordance with Subsection 58-61-304(1)(d), an applicant who has received a doctoral degree in psychology by completing the requirements of Subsections R156-61-302a(1)(a) through (2)(i), without completing the core courses required under Subsection R156-61-302a(2)(j), or the specialty course work required in Subsection (2)(l) may be allowed to complete the required course work post-doctorally. The supplemental course work shall consist of formal graduate level work meeting the requirements of Subsections (2)(j) and (2)(l) in regularly offered and scheduled classes. University based directed reading courses may be approved at the discretion of the [b]Board.

(5) The date of completion of the doctoral degree shall be the graduation date listed on the official transcript.

 

R156-61-302c. Qualifications for Licensure - Examination Requirements.

(1) The examination requirements which must be met by an applicant for licensure as a psychologist under Subsection 58-61-304(1)(g) are:

(a) passing the Examination for the Professional Practice of Psychology (EPPP) developed by the American Association of State Psychology Board (ASPPB) with a passing score as recommended by the ASPPB; and

(b) passing the Utah Psycholog[y]ist Law and Ethics Examination with a score of not less than 75%.

(2) A person may be admitted to the EPPP and Utah Psychologist Law and [Rule]Ethics examinations in Utah only after meeting the requirements under 58-61-305, and after receiving written approval from the Division.

(3) If an applicant is admitted to an EPPP examination based upon substantive information that is incorrect and furnished knowingly by the applicant, the applicant shall automatically be given a failing score and shall not be permitted to retake the examination until the applicant submits fees and a correct application demonstrating the applicant is qualified for the examination and adequately explains why the applicant knowingly furnished incorrect information. If an applicant is inappropriately admitted to an EPPP examination because of a Division or Board error and the applicant receives a passing score, the results of the examination may not be used for licensure until the deficiency which would have barred the applicant for admission to the examination is corrected.

(4) An applicant who fails the EPPP examination three times will only be allowed subsequent admission to the examination after the applicant has appeared before the Board, developed with the Board a plan of study in appropriate subject matter, and thereafter completed the planned course of study to the satisfaction of the Board.

(5) An applicant who is found to be cheating on the EPPP examination or in any way invalidating the integrity of the examination shall automatically be given a failing score and shall not be permitted to retake the examination for a period of at least three years or as determined by the Division in collaboration with the Board.

(6) In accordance with Section 58-1-203 and Subsection 58-61-304(1)(g), an applicant for the EPPP or the [Utah Law and Rule e]Utah Psychologist Law and Ethics Examination must pass the examinations within one year from the date of the psychologist application for licensure. If the applicant does not pass the examinations within one year, the pending psychologist application will be denied. The applicant may continue to register to take the EPPP examination under the procedures outlined in Subsection R156-61-302c(4).

(7) In accordance with Section 58-1-203 and Subsection 58-61-304(2)(d), an applicant for psychologist licensure by endorsement must pass the Utah [Law and Rule e]Psychologist Law and Ethics Examination within six months from the date of the psychologist application for licensure. If the applicant does not pass the examination in six months, the pending psychologist application will be denied.

 

KEY: licensing, psychologists

Date of Enactment or Last Substantive Amendment: [December 22, 2009]2010

Notice of Continuation: February 10, 2009

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-61-101