ARC 5451C

ARC 5451C

PROFESSIONAL LICENSURE DIVISION[645]

Notice of Intended Action

Proposing rule making related to licensure, criminal convictions, and wallet cards and providing an opportunity for public comment

The Board of Psychology hereby proposes to amend Chapter 240, "Licensure of Psychologists," and Chapter 242, "Discipline for Psychologists," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code section 147.76 and chapter 154B and 2020 Iowa Acts, House File 2627.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code section 147.10B and chapter 154B and 2020 Iowa Acts, House File 2627.

Purpose and Summary

The proposed amendments implement the provisions of 2020 Iowa Acts, House File 2627, by (1) updating the Board's licensure rules to include a reference to a rule in the new 645—Chapter 19 (ARC 5367C, IAB 12/30/20), which implements new Iowa Code section 272C.12, and (2) updating the Board's rules regarding criminal convictions as grounds for discipline. The proposed amendments also remove references to wallet cards. The proposed amendments include a requirement that licensed psychologists countersign all clinical records of unlicensed persons under their supervision in a practice setting.

Fiscal Impact

This rule making has minimal fiscal impact to the State of Iowa. Licensees would no longer need to pay to receive duplicate wallet cards and instead would be able to print their own renewal verification if needed.

Jobs Impact

After analysis and review of this rule making, there is a potential positive impact on jobs as individuals who may have been ineligible for licensure may be eligible for licensure as a result of this rule making.

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 March 16, 2021. 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. 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 12. No change.

13.Countersign all written reports, clinical records and communications as "Reviewed and Approved" by the supervising psychologist.

Item 2. Rescind subrule 240.10(4) and adopt the following new subrule in lieu thereof:

240.10(4) Licensure by verification. A person who is licensed in another jurisdiction but who is unable to satisfy the requirements for licensure by endorsement may apply for licensure by verification, if eligible, in accordance with rule 645—19.1(272C).

Item 3. Amend subrule 240.13(5) as follows:

240.13(5) Upon receiving the information required by this rule and the required fee, board staff shall administratively issue a two-year license and shall send the licensee a wallet card by regular mail. In the event the board receives adverse information on the renewal application, the board shall issue the renewal license but may refer the adverse information for further consideration or disciplinary investigation.

Item 4. Amend subrule 240.13(6) as follows:

240.13(6) A person licensed to practice as a psychologist shall keep the person's license certificate and wallet card(s) renewal displayed in a conspicuous public place at the primary site of practice.

Item 5. Amend subrule 240.13(7), introductory paragraph, as follows:

240.13(7) Late renewal. The license shall become late when the license has not been renewed by the expiration date on the wallet card renewal. The licensee shall be assessed a late fee as specified in 645—subrule 5.16(3).

Item 6. Rescind subrule 242.2(12) and adopt the following new subrule in lieu thereof:

242.2(12) Being convicted of an offense that directly relates to the duties and responsibilities of the profession. A conviction includes a guilty plea, including Alford and nolo contendere pleas, or a finding or verdict of guilt, even if the adjudication of guilt is deferred, withheld, or not entered. A copy of the guilty plea or order of conviction constitutes conclusive evidence of conviction. An offense directly relates to the duties and responsibilities of the profession if the actions taken in furtherance of the offense are actions customarily performed within the scope of practice of the profession or the circumstances under which the offense was committed are circumstances customary to the profession.