ARC 5002C

ARC 5002C

PROFESSIONAL LICENSURE DIVISION[645]

Notice of Intended Action

Proposing rule making related to licensure of psychologists

and providing an opportunity for public comment

The Board of Psychology hereby proposes to amend Chapter 240, "Licensure of Psychologists," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code chapter 154B and section 147.36.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code chapter 154B.

Purpose and Summary

This proposed rulemaking replaces the current rule on definitions with a new rule to which definitions of Association of State and Provincial Psychology Boards ("ASPPB") and "clinical experience" have been added and from which outdated definitions of "organized health service training program," "reciprocal license," "recognized health service setting," "supervisor," and "testing service" have been omitted. This rule making also adds respecialization certificates from accredited academic programs as a requirement for licensure, adopts current terminology and makes technical changes to the application requirements. Lastly, this rule making amends title designations, amends the requirements for off-site supervised postdoctoral experience, clarifies the requirements for health service provider certification, amends the requirements for the organized health service training program, amends the requirements for licensure by endorsement, and makes nonsubstantive technical changes.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rule making, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 645—Chapter 18.

Public Comment

Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Board no later than 4:30 p.m.on April 14, 2020. Comments should be directed to:

Public Hearing

A public hearing at which persons may present their views orally or in writing will be held as follows:

Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. In an effort to ensure accuracy in memorializing a person's comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing.

Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

The following rule-making actions are proposed:

Item 1. Rescind rule 645—240.1(154B) and adopt the following new rule in lieu thereof:

645—240.1(154B) Definitions. For purposes of these rules, the following definitions shall apply:

"Active license" means a license that is current and has not expired.

"ASPPB" means the Association of State and Provincial Psychology Boards.

"Board" means the board of psychology.

"Certified health service provider in psychology" means a person who works in a clinical setting, who is licensed to practice psychology and who has a doctoral degree in psychology. A person certified as a health service provider in psychology shall be deemed qualified to diagnose or evaluate mental illness and nervous disorders.

"Clinical experience" means the provision of health services in psychology by the applicant to individuals or groups of clients/patients. Clinical experience does not include teaching or research performed in an academic setting.

"Grace period" means the 30-day period following expiration of a license when the license is still considered to be active. In order to renew a license during the grace period, a licensee is required to pay a late fee.

"Inactive license" means a license that has expired because it was not renewed by the end of the grace period. The category of "inactive license" may include licenses formerly known as lapsed, inactive, delinquent, closed, or retired.

"Licensee" means any person licensed to practice as a psychologist or health service provider in psychology in the state of Iowa.

"License expiration date" means June 30 of even-numbered years.

"Licensure by endorsement" means the issuance of an Iowa license to practice psychology to an applicant who is or has been licensed in another jurisdiction.

"Mandatory training" means training on identifying and reporting child abuse or dependent adult abuse required of psychologists who are mandatory reporters. The full requirements on mandatory reporting of child abuse and the training requirements are found in Iowa Code section 232.69. The full requirements on mandatory reporting of dependent adult abuse and the training requirements are found in Iowa Code section 235B.16.

"National examination" means the Examination for Professional Practice in Psychology (EPPP).

"Provisional license" means a license issued to a person who has met the educational qualifications for licensure and is engaged in professional experience under supervision.

"Reactivate" or "reactivation" means the process as outlined in rule 645—240.14(17A,147,272C) by which an inactive license is restored to active status.

"Reinstatement" means the process as outlined in 645—11.31(272C) by which a licensee who has had a license suspended or revoked or who has voluntarily surrendered a license may apply to have the license reinstated, with or without conditions. Once the license is reinstated, the licensee may apply for active status.

Item 2. Amend rule 645—240.2(154B) as follows:

645—240.2(154B) Requirements for licensure. The following criteria shall apply to licensure:

240.2(1) The following criteria shall apply to licensure:

a. 240.2(1) An applicant shall complete a board-approved application packet. Application forms may be obtained from the board's Web site (http://www.idph.state.ia.us/licensure) website at idph.iowa.gov/Licensure or directly from the board office. All applications shall be sent to Board of Psychology, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075. The applicant may complete the application online at ibplicense.iowa.gov.

b. 240.2(2) An applicant shall complete the application form according to the instructions contained in the application. If the application is not completed according to the instructions, the application will not be reviewed by the board.

c. 240.2(3) Each application shall be accompanied by the appropriate fees payable to the Board of Psychology. The fees are nonrefundable.

d. 240.2(4) Except as otherwise stated in these rules, no application will be considered by the board until:

(1) a.Official copies of academic transcripts sent directly from the school to the board of psychology have been received by the board; and

(2) b.Satisfactory evidence of the candidate's qualifications has been supplied in writing on the prescribed forms by the candidate's supervisors.

e. 240.2(5) An applicant shall successfully pass the national examination.

f. 240.2(6) The applicant shall have the national examination score sent directly from the testing service ASPPB to the board.

g. Rescinded IAB 9/24/08, effective 10/29/08.

h. 240.2(7) Incomplete applications that have been on file in the board office for more than two years without additional supporting documentation shall be:

(1) a.Considered invalid and shall be destroyed; or

(2) b.Maintained upon written request of the applicant. The applicant is responsible for requesting that the file be maintained.

240.2(2) and 240.2(3) Rescinded IAB 9/4/02, effective 10/9/02.

Item 3. Amend rule 645—240.3(154B) as follows:

645—240.3(154B) Educational qualifications. A new An applicant for licensure to practice as a psychologist shall possess a doctoral degree in psychology.

240.3(1) The degree in psychology shall be granted by an institution accredited by the North Central Association of Colleges and Secondary Schools or an equivalent accrediting association or entity in other regions of the United States.

240.3(2) Rescinded IAB 9/24/08, effective 10/29/08.

240.3(3) 240.3(1) Unless otherwise stated in these rules, at At the time of an applicant's graduation:

a. The program from which the doctoral degree in psychology is granted must be:

(1)Accredited by the American Psychological Association; or

(2)Accredited by the Canadian Psychological Association; or

(3)Designated by the Association of State and Provincial Psychology Boards (ASPPB)/National Register Designation Project as a doctoral program in psychology ASPPB/National Register; or

b. The applicant must hold a specialty diploma by examination current board certification from the American Board of Professional Psychology.; or

c. The applicant must possess a postdoctoral respecialization certificate from a program accredited by the American Psychological Association.

240.3(4) Rescinded IAB 9/18/13, effective 10/23/13.

240.3(5) 240.3(2) Foreign-trained psychologists who possess a doctoral degree in psychology and who do not meet the requirements of subrule 240.3(1) shall:

a. Provide an equivalency evaluation of their educational credentials by the National Register of Health Service Providers in Psychology Psychologists, 1120 G Street NW 1200 New York Avenue NW, Suite 330 800, Washington, D.C. 20005, telephone (202)783-7663, Web site website www.nationalregister.org, or by an evaluation service with membership in the National Association of Credentials Evaluation Services , Inc., at www.naces.org. A certified translation of documents submitted in a language other than English shall be provided. The candidate shall bear the expense of the curriculum evaluation and translation of application documents. The educational credentials must be equivalent to programs stated in 240.3(3) subrule 240.3(1).

b. Provide a notarized copy of the doctoral degree certificate or diploma awarded to the applicant from a psychology program in the country in which the applicant was educated.

c. Submit evidence of meeting all other requirements for licensure stated in these rules.

d. Receive a final determination from the board regarding the application for licensure.

Item 4. Amend rule 645—240.4(154B) as follows:

645—240.4(154B) Examination requirements. An applicant must pass the national examination to be eligible for licensure in Iowa.

240.4(1) To be eligible to take the national examination, the applicant shall:

a. Meet all requirements of subrule 240.2(1), paragraphs "a" to "c" subrules 240.2(1) to 240.2(3);

b. Provide official copies of academic transcripts sent directly from the school to the board of psychology; and

c. Provide the completed supervision registration form according to the instructions on the form.

240.4(2) Notification of an applicant's eligibility for the examination shall be sent transmitted by the board office to the testing service online examination portal of the ASPPB.

240.4(3) The EPPP passing score shall be utilized as the Iowa passing score.

240.4(4) The board of psychology shall mail provide examination results to the applicant.

240.4(5) Rescinded IAB 9/24/08, effective 10/29/08.

Item 5. Rescind rule 645—240.5(154B) and adopt the following new rule in lieu thereof:

645—240.5(154B,147) Title designations.

240.5(1) Applicants for licensure who have met educational requirements and who are fulfilling the experience requirements specified herein for licensure may be designated "psychology resident" or "resident in psychology." The designation of "resident" shall not be used except in the employment and supervised experience that meet the requirements of subrules 240.6(1) and 240.6(2).

240.5(2) Persons who possess provisional licenses shall add the designation "provisional license in psychology" following the "resident" designation.

240.5(3) A licensed psychologist who possesses a doctoral degree may use the prefix "Dr." or "Doctor" but shall add after the person's name the word "psychologist."

Item 6. Amend paragraph 240.6(1)"a" as follows:

a. Be a minimum of one year on a full- or part-time basis for no less than 1500 hours, or be a minimum of 1500 hours that are completed in no less than 10 ten months;

Item 7. Amend paragraph 240.6(2)"b" as follows:

b. To meet the requirements of the supervised professional experience, the supervisor must:

(1)Be a licensed psychologist as specified in rule 645—240.1(154B) who, during the time in which supervision is provided, is actively licensed in the jurisdiction where the supervision occurs;

(2) to (4) No change.

(5)Work in the same physical setting as the supervisee unless a completed off-site supervision form is submitted to, and approved by the board Have reasonable access to the clinical records corresponding to the work being supervised;

(6) to (8) No change.

(9)Not supervise any psychological practice or permit the supervisor's supervisee to engage in any psychological practice which the supervisor cannot perform competently; and

(10)Be responsible for determining competency of the work performed by the supervisee and the designation of the title of the supervisee.; and

(11)Work in the same physical setting as the supervisee, or if the supervisee is working off-site, ensure the off-site location has a licensed mental health provider or primary care provider on-site whenever the supervisee is working for purposes of providing emergency consultation. A supervisee may work off-site at a K-12 school without the need for on-site consultation by a licensed mental health provider or primary care provider.

Item 8. Rescind subrule 240.7(1) and adopt the following new subrule in lieu thereof:

240.7(1) Requirements for the health service provider in psychology. The applicant shall:

a. Verify at least one year of clinical experience in an organized health service training program that meets the requirements of subrule 240.7(2) and at least one year of clinical experience in a health service setting that meets the requirements for supervised professional experience stated in subrules 240.6(1) and 240.6(2). Alternatively, an applicant may submit verification of current registration at the doctoral level by the National Register of Health Service Providers in Psychology to verify completion of the required clinical experience.

b. Complete a board-approved application and submit supporting documentation. Application forms may be obtained from the board's website at idph.iowa.gov/Licensure or directly from the board office. All applications shall be sent to the Board of Psychology, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075. The applicant may complete the application online at ibplicense.iowa.gov. An applicant shall complete the application according to the instructions contained in the application. If the application is not completed according to the instructions, the application will not be reviewed by the board. Incomplete applications that have been on file in the board office for more than two years without additional supporting documentation shall be:

(1)Considered invalid and shall be destroyed; or

(2)Maintained upon written request of the applicant. The applicant is responsible for requesting that the file be maintained.

c. Submit with the application the health service provider fee payable to the Board of Psychology. The fee is nonrefundable.

d. Renew the certificate biennially at the same time as the psychology license.

Item 9. Amend subrule 240.7(2) as follows:

240.7(2) Requirements of the organized health service training program. Internship programs in professional psychology that are accredited by the Commission on Accreditation of the American Psychological Association (APA) or the Canadian Psychological Association (CPA) or that hold membership in the Association of Psychology Postdoctoral and Internship Centers (APPIC) are deemed approved. Applicants completing an organized health service training program that is not APA-approved accredited by the APA or the CPA, or is not APPIC-designated at the time the applicant completes the training shall cause documentation to be sent from the program to establish that the program:

a. and b. No change.

c. Has two or more doctoral-level psychologists on the staff who serve as primary supervisors and are, at least one of whom is actively licensed by the board of psychology in the jurisdiction in which the program exists.

d. Has supervision that is provided by staff members of the organized health service training program or by an affiliate of the organized health service training program who carry carries clinical responsibility for the cases being supervised. At least half of the internship supervision shall be provided by one or more doctoral-level psychologists.

e. to l. No change.

Item 10. Rescind rule 645—240.8(154B) and adopt the following new rule in lieu thereof:

645—240.8(154B) Exemption to licensure. Psychologists residing outside the state of Iowa and intending to practice in Iowa under the provisions of Iowa Code section 154B.3(5) shall complete and submit the application for the exemption to licensure according to the instructions contained in the application.

240.8(1) Application forms may be obtained from the board's website at idph.iowa.gov/Licensure or directly from the board office. All applications shall be sent to Board of Psychology, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075. The applicant may complete the application online at ibplicense.iowa.gov.

240.8(2) The applicant shall provide a summary of the intent to practice and a verification of the license in the applicant's jurisdiction of residence, sent directly from the jurisdiction to the board office. Web-based verification may be substituted for verification direct from the jurisdiction's board office if the verification provides:

a. Licensee's name;

b. Date of initial licensure;

c. Current licensure status; and

d. Any disciplinary action taken against the license.

240.8(3) The application and supporting documentation shall be accompanied by the processing fee for the exemption to licensure pursuant to 645—Chapter 5. The fee is nonrefundable and shall be submitted payable to the Board of Psychology.

240.8(4) The exemption must be issued prior to practice in Iowa. The exemption shall be valid for 10 consecutive business days or not to exceed 15 business days in any 90-day period.

Item 11. Amend rule 645—240.9(154B) as follows:

645—240.9(154B) Psychologists' supervision of unlicensed persons in a practice setting. The supervising psychologist shall:

1. to 3. No change.

4.Work in the same physical setting as the supervisee, unless other individual arrangements are approved by the board of psychology. Work in the same physical setting as the supervisee, unless the supervisee is receiving formal training pursuant to the requirements for licensure as a psychologist. For supervisees working off-site while receiving formal licensure training, ensure the off-site location has a licensed mental health provider or primary care provider on-site whenever the supervisee is working for purposes of providing emergency consultation.

5. to 13. No change.

Item 12. Rescind rule 645—240.10(147) and adopt the following new rule in lieu thereof:

645—240.10(147) Licensure by endorsement. An applicant who possesses a doctoral degree in psychology and has been a licensed psychologist at the doctoral level under the laws of another jurisdiction shall file an application for licensure by endorsement with the board office. The board may license by endorsement any applicant from the District of Columbia or another state, territory, province, or foreign country who:

240.10(1) Submits to the board a completed application.

240.10(2) Pays the licensure fee.

240.10(3) Provides verification of license(s) from every jurisdiction in which the applicant has been licensed, sent directly from the jurisdiction(s) to the board office. Web-based verification may be substituted for verification direct from the jurisdiction's board office if the verification provides:

a. Licensee's name;

b. Date of initial licensure;

c. Current licensure status; and

d. Any disciplinary action taken against the license.

240.10(4) Provides verification of a current Certificate of Professional Qualification (CPQ) issued by the ASPPB, or verification of a doctoral degree in psychology and an independent license to practice psychology in another jurisdiction for at least five years with no disciplinary history. Except as stated in subrule 240.3(2), applicants providing certification or verification are deemed to have met the requirements stated in paragraphs 240.10(4)"a" and "b." The board may license by endorsement any other applicant who:

a. Provides the official EPPP score sent directly to the board from the ASPPB or verification of the EPPP score sent directly from the state of initial licensure. The recommended passing score established by the ASPPB shall be considered passing.

b. Shows evidence of licensure requirements that are substantially equivalent to those required in Iowa by one of the following means:

(1)Provides:

1.Official copies of academic transcripts that have been sent directly from the school; and

2.Satisfactory evidence of the applicant's qualifications in writing on the prescribed forms by the applicant's supervisors. If verification of professional experience is not available, the board may consider submission of documentation from the jurisdiction in which the applicant is currently licensed or equivalent documentation of supervision; or

(2)Has an official copy of one of the following certifications sent directly to the board from the certifying organization:

1.Current credentialing at the doctoral level as a health service provider in psychology by the National Register of Health Service Providers in Psychology.

2.Board certification by the American Board of Professional Psychology that was originally granted on or after January 1, 1983.

Item 13. Amend paragraph 240.12(2)"b" as follows:

b. A completed supervision plan on the prescribed board form, signed by the applicant's supervisors who meet the definition of "supervisor" in rule 645—240.1(154B). A change in a supervisor or in the supervision plan requires submission of a new supervision plan on the prescribed board form.