216-RICR-40-05-15
216-RICR-40-05-15. Psychologists (version Amendment, 10/18/2007 to 05/05/2008)
RULES AND REGULATIONS
PERTAINING TO THE LICENSING
OF PSYCHOLOGISTS
(R5-44-PSY)
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
Department of Health
February 1981
As Amended:
May 1988
December 1993
March 1994 (T)
March 2001
November 2001
January 2002 (re-filing in accordance with the provisions of
section 42-35-4.1 of the Rhode Island General Laws, as
amended)
December 2004
January 2007 (re-filing in accordance with the provisions of
section 42-35-4.1 of the Rhode Island General Laws, as
amended)
September 2007
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INTRODUCTION
These amended Rules and Regulations Pertaining to the Licensing of Psychologists (R-5-44-
PSY) are promulgated pursuant to the authority conferred under section 5-44-6 of the General Laws of
Rhode Island, as amended for the purpose of adopting prevailing standards for licensing psychologists
in this state.
Pursuant to the provisions of Chapter 42-35-3(c) of the General Laws, consideration was given
to: (1) alternative approach to the amended regulations; and (2) duplication or overlap with other state
regulations. No alternative approach, duplication or overlap was identified based on information
available.
These amended rules and regulations shall supersede any previous Rules and Regulations
Pertaining to the Licensing of Psychologists (R5-44-PSY), promulgated by the Department of Health
and filed with the Secretary of State.
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TABLE OF CONTENTS
Page
Section
1.0
Definitions
1
2.0
Licensing Requirements
2
3.0
Qualifications for Licensing
3
4.0
Academic Requirements
4
4.1
Doctorate in Psychology
4
4.2
Equivalency of Doctorate in Psychology
4
5.0
Supervised Experience and Internship
5
6.0
Application for Licensure and Fee
6
7.0
Licensure of Psychologists
7
7.1
By Examination
7
7.2
By Endorsement
7
8.0
Continuing Education
8
9.0
Issuance and Renewal of License
9
10.0
Denial, Suspension and Revocation of License Violations
10
11.0
Rules Governing Practices and Procedures
11
12.0
Severability
11
1
Section 1.0 Definitions
Whenever used in these rules and regulations the following terms shall be construed as follows:
1.1
"Act" refers to Chapter 5-44 of the General Laws of Rhode Island, as amended, entitled
"Psychologists."
1.2
"Board" shall mean the Board of Psychology within the Rhode Island Department of Health,
established pursuant to the provisions of section 5-44-3 of the General Laws of Rhode Island,
as amended.
1.3
"Director" shall mean the Director of the Rhode Island Department of Health.
1.4
"Education" means the academic program pursued by the person in obtaining the doctoral
degree, that program to include formal course work, seminars and practica.
1.5
"Internship" means the one (1) year of supervised experience usually obtained at the pre-
doctoral level.
1.6
"Licensed psychologist" shall mean a person who has been licensed for the practice of
psychology according to the provisions of Chapter 5-44 of the General Laws of Rhode Island,
as amended.
1.7
“Live hours” means hours of continuing education acquired through attendance or
participation at programs that provide for direct interaction between faculty and participants
and may include lectures, symposia, live teleconferences or workshops.
1.8
"Practice of psychology" means the rendering of professional, psychological services to
individuals, groups, families, or any public or private organization for remuneration.
Professional psychological services means the application of established psychological
principles, methods, or procedures for the purpose of preventing or eliminating symptomatic,
maladaptive or undesired behavior and of enhancing interpersonal relationships, work and life
adjustment, personal effectiveness, and mental health. The practice of psychology includes, but
is not limited to:
i)
diagnosis and treatment of emotional, mental or behavioral dysfunction, disorder or
disability, alcoholism and substance abuse disorders of habit or conduct, as well as of
the psychological aspects of physical illness, accident, injury or disability;
ii)
psychological testing and evaluation of intelligence, personality, abilities, interests,
aptitudes and neuropsychological functioning;
iii)
psychoeducation evaluation, therapy, remediation and consultation;
iv)
counseling, psychotherapy, psychoanalysis, hypnotherapy, biofeedback and behavior
analysis and therapy.
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1.9
"Psychology student" or "psychology trainee" shall mean a student, intern or other person
studying or preparing for the profession of psychologist under the supervision of recognized
educational or training institutions or facilities.
1.10
"Regionally accredited" shall mean the official guarantee that a college or university is in
conformity with the standard of education prescribed by a regional accrediting commission
recognized by the U.S. Commissioner of Education.
1.11
"Supervised experience" shall mean the practical application of principles, methods and
procedures of the science of psychology, for at least two (2) years, (one year of which must be
post-doctoral), full time (35 hours per week) or its equivalent of 1500 clock hours per year for a
minimum of 3000 hours and under the supervision of a psychologist certified or licensed
pursuant to the statutory provisions of the state in which the supervised experience was
obtained.
1.12
"Training" means the pre-professional or professional supervised experience received by the
person at the pre or post-doctoral level, that experience to have been obtained in an internship,
clinic, or other similar professional setting.
Section 2.0 Licensing Requirement
2.1
It shall be unlawful for any person, including psychology trainee or student, to represent himself
or herself as a licensed psychologist or to use any description of services, including the terms
"psychology" and "psychological", or any title, abbreviation, sign, card or device to indicate that
such a person is a psychologist, unless such a person has been duly licensed pursuant to the
provisions of Chapter 5-44 of the General Laws of Rhode Island, as amended, and the rules and
regulations herein, except those exempted pursuant to section 5-44-23 of the General Laws of
Rhode Island, as amended.
2.2
It shall further be unlawful for any person to offer services to the public or to render to
individuals or groups of individuals services defined as the practice of psychology, as defined in
section 1.8 of these regulations, unless that person is licensed pursuant to the provisions of
Chapter 5-44 of the General Laws, as amended, or falls within an exemption provided by
section 5-44-23.
Persons and Practices Exempt
2.3
No provisions of the Act shall be construed to prevent members of other recognized
professions that are licensed, certified, or regulated for independent practice of that
profession under the laws of this state from rendering services consistent with their
professional training and code of ethics; provided, that they do not represent themselves to
be psychologists. Recognized members of the clergy are not restricted from functioning in
their ministerial capacity; provided, that they do not represent themselves to be
psychologists.
2.4
Nothing in the Act shall be construed to prohibit teachers, guidance personnel, social
workers, and school psychologists in public or private school, from full performance of their
duties; nor to prohibit the use of psychological techniques by business or industrial
organizations or companies for employment, placement, evaluation, promotion, or job
adjustment of their own officers or employees.
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2.5
Nothing in this section shall be construed as prohibiting the use of consultants who are
defined as qualified mental retardation professionals under the Code of Federal Regulations
(CFR) 42, § 483.430, by facilities licensed as intermediate care facilities for people who are
mentally retarded by the Department of Mental Health, Retardation and Hospitals.
2.6
Nothing in the Act shall be construed as permitting the licensed psychologist to practice
medicine as defined by the laws of this state.
2.7
Nothing in this section shall be construed as permitting those persons identified in sections
2.4 and 2.8 to offer their services to any persons or organizations other than those listed in
section 2.7 as consultants or to accept remuneration for any psychological services other
than that of their institutional salaries or fees unless they have been licensed under the Act
or exempted under section 2.3.
2.8
Nothing in the Act limits the professional pursuits of any nonlicensed psychologists,
psychology students, psychology trainees, or persons rendering psychological services as an
employee of a licensed hospital, accredited educational institution, authorized community
mental health clinic or center, government or medical agency, while functioning under the
title conferred upon him or her by the administration of any hospital, educational institution
or agency.
2.8.1 Those organizations listed in section 2.8 (above) include all facilities, agencies, or
institutions regulated and/or licensed by the Department of Health, the Department
of Education, the Department of Children, Youth and Families and the Department
of Mental Health, Retardation and Hospitals.
Section 3.0
Qualifications For Licensing
3.1
An applicant seeking a license as a psychologist to practice in the state of Rhode Island must:
a)
be of good moral character;
b)
have received a doctorate degree in psychology which meets the academic requirements
of section 4.1 herein; or, have received the equivalent of a doctorate degree in
psychology which meets the equivalency requirements of section 4.2 herein.
c)
have completed at least two (2) years of supervised experience as defined in section
1.11 and in accordance with section 5.0 herein;
d)
have passed to the satisfaction of the Board, an examination in accordance with section
7.1 herein, unless determined eligible for licensure without examination pursuant to
section 7.2 herein;
e)
within the preceding seven (7) months from the date of filing application for licensure
has not failed in an examination given by the Board.; and
f)
have demonstrated areas of competence, if applicable, in conformance with current
guidelines of the American Psychological Association and as documented by relevant
professional education, training and experience.
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3.2
An applicant seeking licensure in Rhode Island who possesses the Certificate of Professional
Qualification (CPQ) issued by the Association of State and Provincial Psychology Boards or
the National Register Health Service Provider in Psychology credential issued by the
National Register of Health Service Providers in Psychology shall be deemed to have met
the requirements for licensure as stated herein.
Section 4.0
Academic Requirements
Doctorate In Psychology
4.1
An applicant for licensure shall hold a doctoral degree in psychology from a regionally
accredited college or university whose program of study was accredited by the American
Psychological Association, at the time such degree was received, or its equivalent in terms of
excellence of education and training, or a doctorate degree in an allied field whose education
and training requirements are listed below:
Equivalency to Doctorate in Psychology
4.2
An applicant who has received a doctoral degree in a related discipline shall be judged to hold
the equivalent of a doctorate degree in psychology, if the following equivalency requirements
are met to the satisfaction of the Board:
a)
the program of study was an integrated, organized sequence of study within or with an
affiliated regionally accredited college or university;
b)
at least seventy-two (72) semester hours or one hundred-eight (108) quarter hours of
graduate course credits completed (excluding dissertation and supervised experience
credits) were predominantly psychological in nature and encompassed courses
equivalent to the program of study for psychologists whose curriculum includes a
minimum of three (3) academic years of full-time graduate study including instruction
in scientific and professional ethics and standards, research design and methodology,
statistics and psychometrics, history and systems of psychology and a major field of
concentration. Within this basic program should be included a minimum of three (3) or
more graduate semester hours or five (5) or more graduate quarter hours with
demonstrated competency in each of the following areas:
i)
Biological Bases of Behavior: (physiological psychology, comparative
psychology, neuropsychology, sensation and perception, psychopharmacology);
ii)
Cognitive-Affective Bases of Psychology: (learning, thinking, emotion and
motivation);
iii)
Social Bases of Behavior: (group process, multiculturalism, organizational and
systems theory); and
iv)
Individual Differences: (personality theory, human development, abnormal
psychology).
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c)
the nature of the method and content of the dissertation where required was
psychologically oriented; and
d)
the supervised experience and internship meets the requirements of sections 1.11 and
5.0 herein.
4.2.1
Correspondence courses shall not be recognized as acceptable equivalents.
Section 5.0 Supervised Experience and Internship
5.1
Applicants for licensure as psychologists shall be required to have completed supervised
experience and internship programs as defined in sections 1.11 and 1.5, respectively, herein,
which in addition meets the following requirements:
5.1.1
have completed a year of supervised internship after completion of the equivalent of two
(2) years of full-time graduate study in an integrated organized study program;
5.1.2
have completed the second year of supervised experience after completion of academic
requirements for the doctoral degree;
5.1.3
have obtained supervised experience in a setting affiliated with a regionally accredited
college or university, or in a setting approved by the American Psychological
Association, or an equivalent setting satisfactory to the Board;
5.1.4
the pre and/or post doctoral experience must be distinct and separate from any field,
laboratory or practical experience required in connection with academic course(s);
5.1.5
supervision of a trainee shall be provided in accordance with acceptable standards of
practice by a licensed psychologist pursuant to the statutory provisions of the state in
which the supervised experience was obtained and who was responsible for:
a)
establishing an individualized supervisory program through practical experience
for the professional growth and training of the trainee;
b)
all aspects of the work of the trainee;
c)
on-going supervision and availability to the trainee at all times during work
hours;
d)
weekly conferences with the trainee, on a one-to-one basis, for at least one (1)
hour per week for the duration of the experience in addition to other supervisory
case conferences;
e)
the utilization of appropriate community resources and professional consultation
as may be required for the welfare of clients;
f)
providing opportunities for broad range of experiences and for group seminars,
case conferences, consultation and other similar experiences;
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g)
assessment of performance and skills of trainee (documented); and
h)
such other functions as may be required to assist in providing an adequate
practical experience.
5.2
The Board shall require submission of such information as may be deemed necessary to
evaluate the nature and scope of the applicant's supervised experience based on the
requirements herein. Such information may include, but not be limited to:
a)
supervisor's name and qualifications;
b)
dates, location and duration of experience (pre or post doctoral);
c)
duties of supervisor(s) and trainee;
d)
nature and extent of practical experience;
e)
amount and type of supervision, including time frame; and
f)
supervisor's documented assessment of trainee's performance.
Section 6.0 Application for Licensure and Fee
6.1
Application for licensure shall be made on forms acceptable to the Department which shall be
completed, notarized and submitted to the Board fourteen (14) days prior to the scheduled date
of the Board meeting. Such application shall be accompanied by the following documents:
a)
supporting official transcripts of education credentials and affidavits of internship;
b)
the application fee of two hundred fifty dollars ($250.00) made payable to the General
Treasurer, State of Rhode Island (not refundable and non-returnable).
c)
Examination of Professional Practice in Psychology (EPPP) examination results
submitted directly by the examination service;
d)
pre- and post-doctoral supervised practice forms;
e)
one (1) unmounted photograph of the applicant, head and shoulder front view,
approximately 2 x 3 inches in size;
f)
Curriculum Summary Form (non-APA approved only);
g)
verification that the licensee is in good standing in state(s) where licensed [if
licensed in another state(s)].
Section 7.0 Licensure of Psychologists
By Examination
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7.1
Applicants shall be required to pass the Examination of Professional Practice in Psychology
(EPPP) offered by the Association of State and Provincial Psychology Boards (ASPPB), unless
exempted in accordance with section 7.2 herein. The passing score, as approved by the Board,
shall be the ASPPB’s recommended passing score.
By Endorsement
7.2
A license as a psychologist may be issued without examination to an applicant who has been
duly licensed or certified as a psychologist under the laws of another state, territory or foreign
country where the requirements are substantially equivalent to those of this state, or to a person
who has been certified after examination by the American Board of Examiners in Professional
Psychology if the Board shall determine that such examination is substantially equivalent to, or
exceeds the requirements of the examination offered by the Board and if the applicant otherwise
meets the qualifications required herein.
7.3
A psychologist licensed or certified under the laws of another jurisdiction may be authorized by
the Board to practice psychology for a maximum of one (1) year, provided that the psychologist
has made application to the Board of Licensure and has met the educational and experience
requirements for licensure in this state. Denial of such licensure terminates such authorization.
Temporary Permits
7.4
A temporary permit to practice psychology under supervision may be granted to a candidate for
licensure who has paid the required fee of ninety dollars ($90.00) and has satisfied the following
requirements:
(1)
Filed an application for licensure with all required supporting materials.
(2)
Has otherwise met all the requirements for admissions to examination except the
requisite number of hours of post-doctoral supervised experience in a setting and
manner satisfactory to the Board.
(3)
Requested in writing the issuance of this temporary permit for the purpose of meeting
the supervision requirement.
(4)
Refrained from using the title of “psychologist” or representing himself/herself as a
psychologist other than the use of the title "psychology student" or "psychology
trainee"; and
(5)
Completion of the requisite number of hours of post-doctoral experience within three
(3) years of the date of the temporary permit.
(6)
The temporary permit will expire upon notice of passing or failing the examination for
licensure. In the event of failure of the examination, the permit may be extended under
further requirements established by the Board.
Re-Examination
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7.5
In case of failure of any applicant to satisfactorily pass an examination such applicant shall be
entitled to a re-examination after seven (7) months have elapsed from the date of the previous
examination. In the event of a second failure, opportunity for re-examination(s) shall be subject
to the applicant's completion of additional requirements as recommended by the Board.
Section 8.0
Continuing Education
8.1
Every psychologist licensed to practice in this state under the provisions of the Act and the
regulations herein, shall upon renewal of license in every other year, with the exception of those
initially licensed as in section 8.5.2 herein, demonstrate to the Department compliance with the
continuing education requirements described herein. The cycle for continuing education
requirements begins on June 1st and runs through May 31st of subsequent years.
Any continuing education program relevant to psychology and sponsored or approved by the
American Psychological Association, the Rhode Island Psychological Association; other
recognized professional psychological organizations; including the national and state
professional associations for all licensed mental health professions in this state; Rhode Island
State Nurses Association or other state nurses association; Rhode Island Medical Society or
other state medical society; appropriate post-doctoral coursework from any regionally
accredited college; any department or school of psychology approved by a board of
psychology, or such other professional or accrediting agency as may be approved by the Board.
8.2
The application shall include a signed statement attesting to the satisfactory completion of at
least forty (40) credits of continuing education relevant to psychology, approved by the Board,
and completed over the two (2) year period preceding relicensure. Furthermore, twenty (20) of
the forty (40) credits of continuing education must be completed within Category 1, Formal
Programs, as set forth hereunder. Said application must be submitted to the Board.
Categories of Continuing Education Programs and Credits
8.3 The Board recognizes the following categories of continuing education programs and/or activities
and established credit hours. The Board does not recognize non-live courses (correspondence
courses, internet courses, tapes, etc.) for Category I Formal Programs. Internet courses,
correspondence courses, tapes, or other continuing education programs that do not provide for
direct interaction between faculty and the psychologist are acceptable for Category II credits.
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I) Live hours consisting of formal continuing education programs
that include courses, workshops and/or institutes. Credit may
be claimed only for actual live hours of instruction.
Credit: minimum 20 credit hours
every two (2) years
II) Professional and scientific meetings and self-directed
continuing education activities which may consist of local,
regional, national symposia, colloquia, journal clubs,
exceptional
contribution
to
professional
development
consisting of formal lectures or written publications (e.g.,
teaching course in applied psychology at the graduate level in
an accredited institution), serving as an elected officer on state,
regional, national or international organizations.
Credit: maximum 20 credit hours
every two (2) years
8.4
It shall be the sole responsibility of the individual psychologist to obtain documentation from the
approved sponsoring or cosponsoring organization, agency, or institution of his or her participation
in a continuing education program and/or activity which shall include no less than the date, the
time, the subject matter, name of lecturer or teacher, or such other data and the number of credits
earned.
8.4.1
Those documents must be safeguarded by the psychologist for random audit by the
Department as may be requested. Those documents must furthermore be retained by each
psychologist for no less than two (2) years, {i.e., from the date of licensure renewal}.
8.4.2
Psychologists initially licensed by examination after the June 1st renewal date shall be
exempt from the continuing education requirements stated herein until the date of the next
renewal cycle (i.e., May 31st of the next year).
8.4.3
An extension of time to complete the continuing education requirements may be granted to
a psychologist solely at the discretion of the Board for reasons of hardship or other
extenuating circumstances.
8.5 A license shall be denied to any applicant who fails to provide satisfactory evidence of completion
of continuing education relevant to psychology as required herein.
8.6 A psychologist whose license has been revoked for failing to satisfy the continuing education
requirements herein, shall be required to complete sixty (60) credits, including a minimum of thirty
(30) credit hours of Category I Formal Programs, of continuing education relevant to psychology
during the two (2) years preceding application for the reinstatement of his or her license.
8.7 Failure to comply with any provisions of this section shall be subject to the sanctions of section
10.0 herein. Furthermore, all hearings and reviews which may be required shall be subject to the
provisions of section 11.0 herein.
Section 9.0
Issuance and Renewal of License
9.1
Upon the recommendation of the Board, the Department shall issue a renewal of license. Said
license unless sooner suspended or revoked shall expire by limitation on the first day of July
next following the date of issuance of license renewed from year to year.
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9.2
On or before the first day of May in each year, the Department shall mail an application for
license renewal to every person to whom a license has been issued or renewed during the
current year, and every person so licensed who desires to renew his or her license shall file such
renewal application duly executed together with a renewal fee of one hundred seventy dollars
($170.00) on or before the first day of June in each year. Upon receipt of such application and
payment of said fee the accuracy of the application shall be verified and a renewal shall be
granted effective July 1st and expiring the following June 30th unless sooner revoked or
suspended.
9.3
Any person who allows his or her license to lapse by failing to renew it on or before June 1st in
each year may be reinstated upon submission of application with payment of the current
renewal fee, plus an additional fee of forty dollars ($40.00) pursuant to section 5-44-15 of the
General Laws of Rhode Island, as amended. Any person using the title “psychologist” or
offering serviced defined as the practice of psychology under the Act during the time his or her
license has lapsed is subject to the penalties provided for violation of the Act.
Transfers to Inactive List – Reinstatement
9.4
A psychologist who does not intend to continue his or her licensure, upon written request to
the Department may have his or her name transferred to an inactive list, and is not required
to pay the renewal fee as long as he or she remains inactive.
9.4.1 Should he or she wish to resume functioning as a consulting psychologist, he or she
must notify the Department and remit his or her renewal fee and his or her license
shall be reinstated.
Section 10.0 Denial, Suspension or Revocation of License - Violations
10.1 Upon due notice and hearing in accordance with Chapter 42-35 of the Rhode Island General
Laws, as amended (the Administrative Procedures Act), and the provisions of section 11.1
herein, any violation pursuant to the provisions of Chapter 5-44 of the General Laws of Rhode
Island, as amended, and the rules and regulations herein, may be cause for denial, revocation or
suspension of license or for imposing such other penalties in accordance with Chapter 5-44 of
the General Laws of Rhode Island, as amended.
10.2 The Board shall have the power to deny, revoke or suspend any registration issued by the
Department or applied for in accordance with the Act or otherwise to discipline a psychologist
upon proof that the person:
(1)
is guilty of fraud or deceit in procuring or attempting to procure a registration;
(2)
is guilty of a felony or of a crime of immorality;
(3)
is habitually intemperate or is addicted to the use of habit-forming drugs;
(4)
is mentally incompetent;
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(5)
has willfully or repeatedly violated any of the provisions of Chapter 5-44 of the General
Laws, as amended, or these regulations;
(6)
is habitually negligent in the performance of his/her duties;
(7)
has willfully or repeatedly violated any of the ethical principles governing psychologists
and the practice of psychology, as adopted by the Board, and in force at the time a
charge is made and determined by the Board, regardless of whether or not the person is
a member of any national, regional or state psychological association; provided however
that those ethical principles shall be of a nationally recognized standard;
(8)
has practiced outside of his/her area of competence;
(9)
has provided services to a person who is making a claim as a result of a personal injury,
who charges or collects from the person any amount in excess of the reimbursement to
the psychologist by the insurer as a condition of providing or continuing to provide
services or treatment.
Section 11.0 Rules Governing Practices and Procedures
11.1
All hearings and reviews required under the provisions of Chapter 5-44 of the General Laws of
Rhode Island, as amended, shall be held in accordance with the provisions of the Rules and
Regulations of the Rhode Island Department of Health Regarding Practices and Procedures
Before the Department of Health and Access to Public Records of the Department of Health
(R42-35-PP).
Section 12.0 Severability
12.1
If any provision of these rules and regulations or the application thereof to any person or
circumstance shall be held invalid, such invalidity shall not affect the provisions or application
of the rules and regulations which can be given effect, and to this end the provisions of the rules
and regulations are declared to be severable.
Friday, September 07, 2007
psychologists-final-sept07.doc