§ 59-1353. License required - Activities exempt.

No person shall represent himself or herself as a psychologist or engage in the practice of psychology unless the person is licensed pursuant to the provisions of the Psychologists Licensing Act.  The provisions of the Psychologists Licensing Act shall not apply to:

1.  The teaching of psychology, the conduct of psychological research, or the provision of psychological services or consultation to organizations or institutions; provided, that such teaching, research, or service does not involve the delivery or supervision of direct psychological services to individuals or groups of individuals who are themselves, rather than a third party, the intended beneficiaries of the services, without regard to the source or extent of payment for services rendered.  Nothing in the Psychologists Licensing Act shall prevent the provision of expert testimony by psychologists who are otherwise exempt from the provisions of Section 1351 et seq. of this title.  Persons holding an earned doctoral degree in psychology from an institution of higher education may use the title “psychologist” in conjunction with the activities permitted by this subsection;

2.  Qualified members of other professions, including, but not limited to, physicians, licensed social workers, licensed professional counselors, licensed marital and family therapists, or pastoral counselors, doing work of a psychological nature consistent with their training and consistent with the code of ethics of their respective professions provided they do not hold themselves out to the public by any title or description incorporating the word psychological, psychologist, or psychology;

3.  The activities, services, and use of an official title by a person in the employ of a state agency, if such activities, services, and use are a part of the duties of the office or position of such person within an agency or institution;

4.  The activities and services of a person in the employ of a private, nonprofit behavioral services provider contracting with the state to provide behavioral services to the state if such activities and services are a part of the official duties of such person with the private nonprofit agency.

a.Any person who is unlicensed and operating under these exemptions shall not use any of the following official titles or descriptions:

(1)psychologist, psychology or psychological,

(2)licensed social worker,

(3)clinical social worker,

(4)certified rehabilitation specialist,

(5)licensed professional counselor,

(6)psychoanalyst, or

(7)marital and family therapist.

b.Such exemption to the provisions of the Psychologists Licensing Act shall apply only while the unlicensed individual is operating under the auspices of a contract with the state and within the employ of the nonprofit agency contracting with the state.  Such exemption will not be applicable to any other setting.

c.State agencies contracting to provide behavioral health services will strive to ensure that quality of care is not compromised by contracting with external providers and that the quality of service is at least equal to the service that would be delivered if that agency were able to provide the service directly.  The persons exempt under the provisions of this act shall provide services that are consistent with their training and experience.  Agencies will also ensure that the entity with which they are contracting has qualified professionals in its employ and that sufficient liability insurance is in place to allow for reasonable recourse by the public;

5.  The activities and services of a person in the employ of a private, for-profit behavioral services provider contracting with the state to provide behavioral services to youth and families in the care and custody of the Office of Juvenile Affairs or the Department of Human Services on March 14, 1997, if such activities and services are a part of the official duties of such person with the private for-profit contracting agency.

a.Any person who is unlicensed and operating under these exemptions shall not use any of the following official titles or descriptions:

(1)psychologist, psychology or psychological,

(2)licensed social worker,

(3)clinical social worker,

(4)certified rehabilitation specialist,

(5)licensed professional counselor,

(6)psychoanalyst, or

(7)marital and family therapist.

b.Such exemption to the provisions of this act shall apply only while the unlicensed individual is operating under the auspices of a contract with the state and within the employ of the for-profit agency contracting with the state.  Such exemption shall only be available for ongoing contracts and contract renewals with the same state agency and will not be applicable to any other setting.

c.State agencies contracting to provide behavioral health services will strive to ensure that quality of care is not compromised by contracting with external providers and that the quality of service is at least equal to the service that would be delivered if that agency were able to provide the service directly.  The persons exempt under the provisions of this act shall provide services that are consistent with their training and experience.  Agencies will also ensure that the entity with which they are contracting has qualified professionals in its employ and that sufficient liability insurance is in place to allow for reasonable recourse by the public;

6.  The activities and services of a student, intern, or resident in psychology, pursuing a course of study at a university or college that is regionally accredited by an organization recognized by the United States Department of Education, or working in a training center recognized by that university or college, if the activities and services constitute a part of the supervised course of study for the student, intern, or resident;

7.  Individuals who have been certified as school psychologists by the State Department of Education.  They shall be permitted to use the term “certified school psychologist”.  Such persons shall be restricted in their practice to employment within those settings under the purview of the State Board of Education;

8.  The activities and services of a person who performs psychological services pursuant to the direct supervision of a licensed psychologist or psychiatrist or an applicant for licensure who is engaged in the applicant's postdoctoral year of supervision.  Such person shall be subject to approval by the Board and to such rules as the Board may prescribe pursuant to the provisions of the Psychologists Licensing Act;

9.  The activities and services of a nonresident of this state who renders consulting or other psychological services if such activities and services are rendered for a period which does not exceed in the aggregate more than five (5) days during any year and if the nonresident is authorized pursuant to the laws of the state or country of the person’s residence to perform these activities and services.  Such person shall inform the Board prior to initiation of services;

10.  The activities and services of a nonresident of this state who renders consulting or other psychological services if such activities and services are rendered in cooperation with the American Red Cross or as a member of the Disaster Response Network of the American Psychological Association.  The Board shall be informed prior to initiation of services; or

11.  For one (1) year, the activities and services of a person who has recently become a resident of this state and has had his or her application for licensing accepted by the Board, and if the person was authorized by the laws of the state or country of his or her former residence to perform such activities and services.

Added by Laws 1965, c. 347, § 3, emerg. eff. June 28, 1965.  Amended by Laws 1984, c. 34, § 2, operative July 1, 1984; Laws 1991, c. 144, § 2, eff. July 1, 1991; Laws 1993, c. 168, § 5, eff. Sept. 1, 1993; Laws 1998, c. 291, § 1; Laws 1999, c. 1, § 17, emerg. eff. Feb. 24, 1999.

Note

NOTE:  Laws 1998, c. 153, § 2 repealed by Laws 1999, c. 1, § 45, emerg. eff. Feb. 24, 1999.