Section .0100 ‑ Organization

Link to law: http://reports.oah.state.nc.us/ncac/title 21 - occupational licensing boards and commissions/chapter 54 - psychology/chapter 54 rules.html
Published: 2015

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CHAPTER 54 ‑ NORTH CAROLINA PSYCHOLOGY BOARD

 

 

SECTION .0100 ‑ ORGANIZATION

 

 

21 NCAC 54 .0101             NAME

21 NCAC 54 .0102             ADDRESS AND OFFICE HOURS

21 NCAC 54 .0103             PURPOSE

21 NCAC 54 .0104             COMPOSITION

21 NCAC 54 .0105             ELECTION AND DUTIES OF OFFICERS

21 NCAC 54 .0106             QUALIFICATIONS OF BOARD MEMBERS

21 NCAC 54 .0107             MEETINGS

21 NCAC 54 .0108             RECORDS AND ANNUAL REPORT

21 NCAC 54 .0109             DEFINITIONS

 

History Note:        Authority G.S. 90‑270.1; 90‑270.2;

90‑270.3; 90‑270.4; 90‑270.6; 90‑270.7;

90‑270.9; 90‑270.10; 93B‑4;

Eff. February 1, 1976;

Amended Eff. January 1, 1980; July 20, 1976; June 7,

1976;

Readopted Eff. December 9, 1977;

Repealed Eff. September 1, 1982.

 

 

 

SECTION .0200 ‑ LICENSES

 

 

21 NCAC 54 .0201             PRACTICING PSYCHOLOGISTS

21 NCAC 54 .0202             PSYCHOLOGICAL ASSOCIATE

21 NCAC 54 .0203             TEMPORARY LICENSES

21 NCAC 54 .0204             UPGRADING OF LICENSE

 

History Note:        Authority G.S. 90‑270.2; 90‑270.5;

90‑270.9; 90‑270.11;

Eff. February 1, 1976;

Amended Eff. January 1, 1980; March 1, 1979; November 1,

1977; July 20, 1976;

Readopted Eff. December 9, 1977;

Repealed Eff. September 1, 1982.

 

 

 

21 NCAC 54 .0205             SUPERVISION

 

History Note:        Authority G.S. 90‑270.2(f); 90‑270.5(d);

90‑270.9;

Eff. December 7, 1976;

Readopted Eff. December 9, 1977;

Amended Eff. January 1, 1980;

Repealed Eff. September 1, 1982.

 

 

 

 

SECTION .0300 ‑ APPLICATION FOR LICENSURE

 

 

21 NCAC 54 .0301             FILING APPLICATION

21 NCAC 54 .0302             CREDENTIALS REQUIRED

21 NCAC 54 .0303             EDUCATION REQUIREMENTS

21 NCAC 54 .0304             EXAMINATION REQUIREMENT

21 NCAC 54 .0305             EXPERIENCE REQUIREMENTS

21 NCAC 54 .0306             REVIEW PROCEDURE

21 NCAC 54 .0307             ETHICS

21 NCAC 54 .0308             ISSUANCE OF LICENSE

21 NCAC 54 .0309             APPLICANTS LICENSED IN OTHER STATES

21 NCAC 54 .0310             APPLICANTS WITH DIPLOMAS FROM ABPP

 

History Note:        Authority G.S. 90‑270.2(f); 90‑270.4(a);

90‑270.9; 90‑270.11; 90‑270.13;

150A‑11(1);

Eff. February 1, 1976;

Amended Eff. January 1, 1980; March 1, 1979; July 20,

1976;

Readopted Eff. December 9, 1977;

Repealed Eff. September 1, 1982.

 

 

 

21 NCAC 54 .0311             WAIVER OF REQUIREMENTS

 

History Note:        Authority G.S. 90‑270.9, 90‑270.12;

Eff. February 1, 1976;

Repealed Eff. December 9, 1977.

 

 

 

21 NCAC 54 .0312             RECORDS OF DECISIONS REGARDING

LICENSURE

 

History Note:        Authority G.S. 90‑270.9; 150A‑11(3);

Eff. February 1, 1976;

Readopted Eff. December 9, 1977;

Repealed Eff. September 1, 1982.

 

 

 

 

SECTION .0400 ‑ THE EXAMINATION

 

 

21 NCAC 54 .0401             EXAMINATION FEE

21 NCAC 54 .0402             NOTICE: SCHEDULE AND LOCATION OF

EXAMINATION

21 NCAC 54 .0403             TYPES OF EXAMINATION

21 NCAC 54 .0404             EXAMINATION SCORES

21 NCAC 54 .0405             REPORTING OF SCORES

21 NCAC 54 .0406             RETAKING THE EXAMINATION

21 NCAC 54 .0407             FAILURE TO APPEAR FOR EXAMINATION

 

History Note:        Authority G.S. 90‑270.9; 90‑270.11;

90‑270.13;

Eff. February 1, 1976;

Amended Eff. January 1, 1980;

Readopted Eff. December 9, 1977;

Repealed Eff. September 1, 1982.

 

 

 

 

SECTION .0500 ‑ RENEWAL OF LICENSES

 

 

21 NCAC 54 .0501             LICENSE RENEWAL FORM

21 NCAC 54 .0502             TIME OF RENEWAL

21 NCAC 54 .0503             RENEWAL FEE

21 NCAC 54 .0504             LATE FEE

21 NCAC 54 .0505             SECOND NOTICE

21 NCAC 54 .0506             FAILURE TO RENEW

 

History Note:        Authority G.S. 90‑270.9; 90‑270.14;

150A‑3(b); 150A‑11(1);

Eff. February 1, 1976;

Readopted Eff. December 9, 1977;

Repealed Eff. September 1, 1982.

 

 

 

 

SECTION .0600 ‑ REFUSAL: SUSPENSION: OR REVOCATION OF

LICENSE

 

 

21 NCAC 54 .0601             GROUNDS FOR REFUSAL: SUSPENSION OR

REVOCATION

21 NCAC 54 .0602             THE PROCEDURE

21 NCAC 54 .0603             REINSTATEMENT OF LICENSE

 

History Note:        Authority G.S. 90‑270.9; 90‑270.15;

Eff. February 1, 1976;

Amended Eff. January 1, 1980; July 20, 1976;

Readopted Eff. December 9, 1977;

Repealed Eff. September 1, 1982.

 

 

 

 

SECTION .0700 ‑ PRACTICE BY NON‑LICENSED PERSONS

 

 

21 NCAC 54 .0701             PROHIBITED ACTS

21 NCAC 54 .0702             BOARD ACTION REGARDING PROHIBITED

ACTS

21 NCAC 54 .0703             PENALTIES

 

History Note:        Authority G.S. 90‑270.9; 90‑270.16;

90‑270.17;

Eff. February 1, 1976;

Readopted Eff. December 9, 1977;

Amended Eff. January 1, 1980;

Repealed Eff. September 1, 1982.

 

 

 

 

SECTION .0800 ‑ PROFESSIONAL CORPORATIONS

 

 

21 NCAC 54 .0801             CERTIFICATE OF REGISTRATION

21 NCAC 54 .0802             SUSPENSION OR REVOCATION OF

CERTIFICATE

21 NCAC 54 .0803             THE PROCEDURE

 

History Note:        Authority G.S. 90‑270.9; 90‑270.15(c);

55B‑10; 55B‑13;

Eff. February 1, 1976;

Readopted Eff. December 9, 1977;

Repealed Eff. September 1, 1982.

 

 

 

 

SECTION .0900 ‑ PRIVILEGED COMMUNICATION

 

 

21 NCAC 54 .0901             BETWEEN PSYCHOLOGIST AND CLIENT

21 NCAC 54 .0902             EXCEPTION

 

History Note:        Authority G.S. 8‑53.3; 90‑270.9;

90‑270.15(4);

Eff. February 1, 1976;

Readopted Eff. December 9, 1977;

Amended Eff. January 1, 1980;

Repealed Eff. September 1, 1982.

 

 

 

 

SECTION .1000 ‑ RULEMAKING PROCEDURES

 

 

21 NCAC 54 .1001             PETITION FOR RULEMAKING HEARINGS

21 NCAC 54 .1002             CONTENTS OF PETITION

21 NCAC 54 .1003             DISPOSITION OF PETITIONS

 

History Note:        Authority G.S. 90‑270.9; 90‑270.16;

150A‑16;

Eff. February 1, 1976;

Amended Eff. July 20, 1976;

Readopted Eff. December 9, 1977;

Repealed Eff. September 1, 1982.

 

 

 

 

SECTION .1100 ‑ NOTICE OF RULEMAKING HEARINGS

 

 

21 NCAC 54 .1101             TIMING OF NOTICE

21 NCAC 54 .1102             NOTICE MAILING LIST

21 NCAC 54 .1103             ADDITIONAL INFORMATION

 

History Note:        Authority G.S. 90‑270.9; 150A‑12(a)(b);

Eff. February 1, 1976;

Amended Eff. July 20, 1976;

Readopted Eff. December 9, 1977;

Repealed Eff. September 1, 1982.

 

 

 

 

SECTION .1200 ‑ RULEMAKING HEARINGS

 

 

21 NCAC 54 .1201             REQUEST TO PARTICIPATE

21 NCAC 54 .1202             CONTENTS OF REQUEST: GENERAL TIME

LIMITATIONS

21 NCAC 54 .1203             RECEIPT OF REQUEST: SPECIFIC TIME

LIMITS

21 NCAC 54 .1204             WRITTEN SUBMISSIONS

21 NCAC 54 .1205             PRESIDING OFFICER: POWERS AND DUTIES

21 NCAC 54 .1206             STATEMENT OF REASONS FOR DECISION

21 NCAC 54 .1207             RECORD OF PROCEEDINGS

21 NCAC 54 .1208             EMERGENCY RULES

21 NCAC 54 .1209             RULES AVAILABLE FOR PUBLIC

INSPECTION

 

History Note:        Authority G.S. 90‑270.9; 150A‑11(2);

150A‑12(a)(d)(e);

Eff. February 1, 1976;

Amended Eff. July 20, 1976;

Readopted Eff. December 9, 1977;

Repealed Eff. September 1, 1982.

 

 

 

 

SECTION .1300 ‑ DECLARATORY RULINGS

 

 

21 NCAC 54 .1301             SUBJECTS OF DECLARATORY RULINGS

21 NCAC 54 .1302             SUBMISSION OF REQUEST FOR RULING

21 NCAC 54 .1303             DISPOSITION OF REQUESTS

21 NCAC 54 .1304             RECORD OF DECISION

21 NCAC 54 .1305             DEFINITION

 

History Note:        Authority G.S. 90‑270.9; 150A‑11(3);

150A‑16(e); 150A‑17;

Eff. February 1, 1976;

Amended Eff. July 20, 1976;

Readopted Eff. December 9, 1977;

Repealed Eff. September 1, 1982.

 

 

 

 

SECTION .1400 ‑ ADMINISTRATIVE HEARING PROCEDURES

 

 

21 NCAC 54 .1401             RIGHT TO HEARING

21 NCAC 54 .1402             REQUEST FOR HEARING

21 NCAC 54 .1403             GRANTING OR DENYING HEARING REQUESTS

21 NCAC 54 .1404             NOTICE OF HEARING

21 NCAC 54 .1405             WHO SHALL HEAR CONTESTED CASES

21 NCAC 54 .1406             PETITION FOR INTERVENTION

21 NCAC 54 .1407             TYPES OF INTERVENTION

21 NCAC 54 .1408             DISQUALIFICATION OF HEARING OFFICERS

 

History Note:        Authority G.S. 1A‑1, Rule 24; 90‑270.9;

150A‑2(2); 150A‑23; 150A‑32;

Eff. February 1, 1976;

Amended Eff. July 20, 1976;

Readopted Eff. December 9, 1977;

Repealed Eff. September 1, 1982.

 

 

 

 

SECTION .1500 ‑ ADMINISTRATIVE HEARINGS: DECISIONS:

RELATED RIGHTS AND PROCEDURES

 

21 NCAC 54 .1501             FAILURE TO APPEAR

21 NCAC 54 .1502             SIMPLIFICATION OF ISSUES

21 NCAC 54 .1503             SUBPOENAS

21 NCAC 54 .1504             FINAL DECISIONS IN ADMINISTRATIVE

HEARINGS

21 NCAC 54 .1505             OFFICIAL RECORD

 

History Note:        Authority G.S. 90‑270.9; 150A‑25(a);

150A‑27; 150A‑36; 150A‑37;

Eff. February 1, 1976;

Readopted Eff. December 9, 1977;

Repealed Eff. September 1, 1982.

 

 

 

 

SECTION .1600 ‑ GENERAL PROVISIONS

 

 

21 NCAC 54 .1601             EXECUTIVE

 

History Note:        Authority G.S. 90‑270.1; 90‑270.6;

90‑270.9;

Eff. September 1, 1982;

Repealed Eff. March 1, 1989.

 

 

 

21 NCAC 54 .1602             ADDRESS

The mailing address for the North Carolina Psychology Board

is 895 State Farm Road, Suite 102, Boone, North Carolina 28607.

 

History Note:        Authority G.S. 90‑270.9;

Eff. September 1, 1982;

Amended Eff. October 1, 1995; March 1, 1989; August 1,

1984.

 

 

 

21 NCAC 54 .1603             RULEMAKING PROCEDURES

 

History Note:        Authority G.S. 90‑270.9; 150B‑14;

Eff. September 1, 1982;

Amended Eff. August 1, 1984;

Repealed Eff. March 1, 1989.

 

 

 

21 NCAC 54 .1604             PRACTICE BY NON‑LICENSED

PERSONS

 

History Note:        Authority G.S. 90‑270.9; 90‑270.16;

90‑270.17; 90‑270.19;

Eff. September 1, 1982;

Repealed Eff. May 1, 1996.

 

 

 

21 NCAC 54 .1605             FEES

In addition to fees specified in G.S. 90, Article 18A, the

following charges shall be assessed for the indicated services:

(1)           eight dollars ($8.00) ‑ register of licensed

psychologists;

(2)           two hundred fifty dollars ($250.00) ‑ renewal

of license;

(3)           the cost of the examination set by the vendor plus

fifty dollars ($50.00) - national written examination;

(4)           two hundred dollars ($200.00) ‑ state examination;

(5)           costs for copies of public records as follows:

(a)           "actual costs" as defined in G.S.

132-6.2(b) and provided on the Board's website;

(b)           mailing costs if applicable; and

(c)           no charge if 10 pages or less;

(6)           one hundred dollars ($100.00) - application fee;

(7)           one hundred dollars ($100.00) - reinstatement fee;

(8)           twenty dollars ($20.00) - returned check;

(9)           ten dollars ($10.00) - each written license

verification, whether submitted individually or on a list;

(10)         costs of disciplinary action as follows:

(a)           three hundred dollars ($300.00) - consent

order; and

(b)           three hundred dollars ($300.00) per hour for

a hearing which results in disciplinary action, with a minimum charge of three

hundred dollars ($300.00) for the first hour or portion thereof, and then

prorated thereafter for each half-hour;

(11)         fifty dollars ($50.00) - registration fee for

certificate of registration for professional corporation or limited liability

company; and

(12)         twenty-five dollars ($25.00) - renewal fee for

certification of registration for professional corporation or limited liability

company.

 

History Note:        Authority G.S. 12-3.1(c); 55B-10; 55B-11;

90-270.9; 90-270.15(c); 90-270.18(b)(c); 132-6.2(b);

Legislative Objection Lodged Eff. August 26, 1982;

Eff. September 1, 1982;

Curative Amended Eff. September 28, 1982;

Temporary Amendment Eff. October 1, 1989 For a Period of

180 Days to Expire on April 1, 1990;

Temporary Amendment Eff. October 1, 1990 For a Period of

180 Days to Expire on April 1, 1991;

Amended Eff. January 1, 1991;

Temporary Amendment Eff. September 1, 1993, for a period

of 180 days or until the permanent rule becomes effective, whichever is sooner.

Amended Eff. December 1, 2011; July 1, 1996; April 1,

1994; December 1, 1993.

 

21 NCAC 54 .1606             WAIVER OF COMPLIANCE WITH RULES

The Board may, for good reason, in its discretion, waive

compliance with any of its rules except where to do so would be contrary to

statute or applicable regulations of other agencies.

 

History Note:        Authority G.S. 90‑270.9;

Eff. August 1, 1984.

 

 

 

21 NCAC 54 .1607             DELEGATION OF AUTHORITY

The Board or its chairperson may, at any time, delegate to

the executive director, or other employee or agent of the Board, such duties

and responsibilities as may, in the discretion of the Board or chairperson, be

desirable, other than substantive policy‑making, regulatory, or

administrative duties and responsibilities.

 

History Note:        Authority G.S. 90‑270.8; 90‑270.9;

Eff. August 1, 1984.

 

 

 

21 NCAC 54 .1608             ETHICAL VIOLATIONS

The Board shall use those policies, publications,

guidelines, and casebooks developed by the American Psychological Association

in determining whether violations of the Ethical Principles of Psychologists

have occurred.  In addition, publications, guidelines, policies, and statements

provided by the Association of State and Provincial Psychology Boards, the

National Association of School Psychologists, and other relevant professional

associations and bodies may be used in interpreting the Ethical Principles of

Psychologists.

 

History Note:        Authority G.S. 90‑270.9; 90‑270.15(a)(10);

Eff. January 1, 1986;

Amended Eff. May 1, 1996; September 1, 1988.

 

 

 

21 NCAC 54 .1609             TERMINATION OF PRACTICE

A licensee whose license is suspended or revoked, an

applicant who is notified that he or she has failed an examination for the

second time, an applicant who is notified that licensure is denied, or an

applicant who discontinues the application process at any point, including

failure to complete the process within the stipulated time period, must

terminate the practice of psychology within a two week period and confirm such

termination in writing to the Board.

 

History Note:        Filed as a Temporary Adoption Eff.

December 1, 1993, for a Period of 180 Days or until the                                                                    permanent

rule becomes effective whichever is sooner;

Authority G.S. 90‑270.4(h); 90‑270.9;

Eff. April 1, 1994.

 

 

 

21 NCAC 54 .1610             PRACTICE BY NONRESIDENT

PSYCHOLOGISTS

(a)  To practice psychology in North Carolina for up to five

days in a calendar year, a nonresident psychologist shall submit the following

information to the Board at least five working days prior to the psychologist

engaging in the practice of psychology in North Carolina:

(1)           written statement from a jurisdiction which

is a member of the Association of State and Provincial Psychology Boards

verifying that the psychologist's license is in good standing, that there is no

pending disciplinary action against the license, and describing any supervision

requirements under which the individual shall practice in that jurisdiction;

(2)           notarized supervision statement showing

compliance with Paragraph (b) of this Rule; and

(3)           written report from the nonresident

psychologist describing his or her intended practice in North Carolina and, if

applicable, the name of the North Carolina psychologist(s) with whom he or she

will be associating.

(b)  Supervision shall be provided at the same level as that

which is required for the nonresident psychologist's practice in the

jurisdiction verifying licensure in Subparagraph (a)(1) of this Rule by a North

Carolina permanently Licensed Psychologist or Licensed Psychological Associate

who meets the requirements of 21 NCAC 54 .2001.

(c)  The Board shall waive the five day notice period

specified in Paragraph (a) of this Rule for nonresident licensed psychologists

who are placed in North Carolina by the American Red Cross due to a national,

area, or local disaster.

 

History Note:        Authority G.S. 90-270.4(f); 90-270.9;

Eff. September 1, 1996.

 

 

 

21 NCAC 54 .1611             PRACTICE BY POSTDOCTORAL TRAINEES

An individual pursuing postdoctoral training or experience

in psychology shall be exempt from licensure pursuant to G.S. 90-270.4(d) if

the following criteria are met:

(1)           the postdoctoral training or experience in

psychology meets all the criteria set forth in 21 NCAC 54 .2009(i); and

(2)           the individual has completed all doctoral degree

requirements for a program in psychology from an institution of higher

education as defined in G.S. 90-270.2(5).  Evidence of completion of all degree

requirements shall be in the form of either an official transcript showing the

date on which the degree was conferred; or a letter from the registrar, dean of

graduate school, or director of graduate studies verifying that all substantive

and administrative requirements for the doctoral degree have been met without

exception, and stating the date on which the doctoral degree will be awarded.

 

History Note:        Authority G.S. 90-270.4(d); 90-270.9;

Eff. September 1, 2005.

 

21 NCAC 54 .1612             CRIMINAL HISTORY RECORD CHECK

A licensee who is under investigation by the Board shall

submit to the Board the following within 30 days of receipt of written

communication from the Board or its agent that a criminal history record check is

required:

(1)           signed consent form;

(2)           completed Fingerprint Record Card;

(3)           payment of fee required by the North Carolina

Department of Justice to conduct a criminal history record check; and

(4)           other such form(s) or information as required by

the North Carolina Department of Justice to perform a criminal history record

check.

 

History Note         Authority G.S. 90-270.9; 90-270.22(a);

Eff. March 1, 2008.

 

SECTION .1700 ‑ APPLICATION FOR LICENSURE

 

21 NCAC 54 .1701             INFORMATION REQUIRED

(a)  Except as provided in Paragraph (b) of this Rule and Rule

.1707 of this Section, the information required for each applicant for

licensure shall consist of:

(1)           typed or legibly printed, notarized

application form;

(2)           application fee;

(3)           typed or legibly printed, notarized

supervision contract form;

(4)           signed consent form, completed Fingerprint

Record Card, and other such form(s) or information as required by the North

Carolina Department of Justice to perform a criminal history record check;

(5)           payment of fee required by the North

Carolina Department of Justice to conduct a criminal history record check;

(6)           official transcript(s) sent directly to the

Board by any institution of higher education from which the applicant received

a graduate degree or otherwise completed graduate course work in psychology;

(7)           completed supervisor forms from present and

past supervisors;

(8)           three completed reference forms from

professionals who are familiar with the applicant's current work, one of which

is from a doctoral level psychologist;

(9)           written verification and report on the

status of any occupational licensure, including dates of licensure and any

disciplinary action which is pending or has been taken, sent directly to the

Board from any other regulatory agency in North Carolina and any other

jurisdiction in which the applicant has applied for a license, is currently

licensed, or previously was licensed, if applicable;

(10)         official report of any previous score

obtained on the Examination for Professional Practice in Psychology sent

directly to the Board from the Association of State and Provincial Psychology

Boards, if applicable; and

(11)         additional documentation regarding educational

credentials described in 21 NCAC 54 .1802 and 21 NCAC 54 .1803, if applicable.

(b)  The information required for each applicant applying

for licensure on the basis of holding a current credential for psychology

licensure mobility shall consist of:

(1)           typed or legibly printed, notarized

application form;

(2)           affidavit which attests to having no

unresolved complaint in any jurisdiction at the time of application in North Carolina;

(3)           application fee;

(4)           typed or legibly printed, notarized

supervision contract form;

(5)           signed consent form, completed Fingerprint

Record Card, and other such form(s) or information as required by the North

Carolina Department of Justice to perform a criminal history record check;

(6)           payment of fee required by the North

Carolina Department of Justice to conduct a criminal history record check;

(7)           official transcript sent directly to the

Board by the institution of higher education from which the applicant received

his or her doctoral degree in psychology; or if applicable, a copy of the

transcript sent directly to the Board by either the Association of State and

Provincial Psychology Boards, National Register of Health Service Providers in

Psychology, or American Board of Professional Psychology;

(8)           three completed reference forms from

professionals who are familiar with the applicant's current work, one of which

is from a doctoral level psychologist;

(9)           written verification and report on the

status of any occupational licensure, including dates of licensure and any disciplinary

action which is pending or has been taken, sent directly to the Board from any

other regulatory agency in North Carolina and any other jurisdiction in which

the applicant has applied for a license, is currently licensed, or previously

was licensed;

(10)         written verification sent directly to the

Board from the applicable organization(s) that the applicant holds a current

credential in good standing for psychology licensure mobility, as follows:

(A)          Certificate of Professional Qualification (CPQ) from

the Association of State and Provincial Psychology Boards;

(B)          registrant in the National Register of Health

Service Providers in Psychology; or

(C)          diplomate of the American Board of Professional

Psychology; and

(11)         documentation of meeting requirements for

health services provider certification as specified in Section .2700 of this

Chapter, if applicable.

(c)  An application shall contain all required materials to

be complete.  An incomplete application shall be active for three months from

the date on which the application is received in the Board office.  At the end

of such time, if still incomplete, the application shall be void, and the

applicant shall be deemed to have discontinued the application process. If the

individual chooses to pursue licensure at a later date, the individual shall

totally reapply.

(d)  To be considered to have made application pursuant to

G.S. 90-270.5(a), the information specified in Subparagraphs (a)(1) through

(a)(5) of this Rule, or Subparagraphs (b)(1) through (b)(6) of this Rule if

applying on the basis of a mobility credential, shall be filed in the Board

office within 30 days of offering to practice or undertaking the practice of

psychology in North Carolina.

 

History Note:        Authority G.S. 90-270.4(h); 90-270.5(a); 90-270.9;

90-270.11(a),(b); 90-270.13(a) (b); 90-270.15; 90-270.22(a);

Eff. September 1, 1982;

Amended Eff. March 1, 2008; September 1, 2005; January 1,

1996; November 1, 1991; March 1, 1989; June 1, 1988.

 

21 NCAC 54 .1702             FOREIGN DEGREE APPLICATION POLICY

(a)  Applicants applying for licensure on the basis of a

foreign degree shall provide documentation, in addition to the information

required in 21 NCAC 54 .1701, which establishes the following:

(1)           the existence of the degree granting

institution;

(2)           the authenticity of the degree,

transcripts, and any supporting documents;

(3)           the equivalence of the degree in terms of

level of training, content of curriculum, and course credits; and

(4)           the equivalence of any supervised

experience obtained in the foreign country.

Documentation shall be in the form of a course-by-course

evaluation of credentials submitted directly to the Board from an evaluation

service that is a member of the National Association of Credentials Evaluation

Services, Inc.

(b)  Except as described in Paragraph (c) of this Rule, only

official documents shall be submitted in support of the application and shall

be received directly from the institution(s) or individual(s) involved.

(c)  When an official document cannot be provided directly

by the institution or individual involved, an original document possessed by

the applicant may be reviewed and copied by a Board member or designee.

(d)  Any document which is in a language other than English

shall be accompanied by a translation with notarized verification of the

translation's accuracy and completeness.  This translation shall be completed

by an individual, other than the applicant, who is approved by the Board and

demonstrates no conflict of interest.  Such individuals include college or

university language faculty, a translation service, or an American consul.

(e)  An applicant's references shall include individuals

from member jurisdictions of the Association of State and Provincial Psychology

Boards, including a doctoral level psychologist familiar with the applicant's

professional practice of psychology.

 

History Note:        Authority G.S. 90‑270.9;

90-270.11(c);

Legislative Objection Lodged Eff. August 26, 1982;

Eff. September 1, 1982;

Curative Amended Eff. September 28, 1982;

Amended Eff. July 1, 2008; October 1, 1995; March 1,

1989; June 1, 1988.

 

21 NCAC 54 .1703             TEMPORARY LICENSES

(a)  To be issued a temporary license to practice psychology

in North Carolina, a nonresident psychologist shall submit the following

information to the Board at least 10 working days prior to the psychologist

engaging in the practice of psychology in North Carolina:

(1)           typed, or legibly printed, notarized

application form, including an affidavit that the standards under which the

nonresident psychologist is licensed in another jurisdiction are substantially

equivalent to or higher than the requirements of G.S. 90-270.1 et seq.;

(2)           written statement from a jurisdiction which

is a member of the Association of State and Provincial Psychology Boards that

the psychologist's license is in good standing, that there is no pending

disciplinary action against the license, and describing any supervision

requirements under which the individual shall practice in that jurisdiction;

(3)           notarized statement showing compliance with

supervision requirements specified in this Paragraph; and

(4)           temporary license fee.

Only one temporary license shall be issued to an individual

in any calendar year.  Supervision shall be provided at the same level as that

which is required for the nonresident psychologist's practice in the

jurisdiction verifying licensure in Subparagraph (a)(2) of this Rule by a North

Carolina permanently Licensed Psychologist or Licensed Psychological Associate

who meets the requirements of 21 NCAC 54 .2001.

(b)  To be issued a temporary license to practice psychology

in North Carolina, a psychologist requesting reinstatement of licensure shall

submit the information listed in 21 NCAC 54 .2103.  A temporary license issued

under this Paragraph is valid until the applicant takes the first examination

to which admitted by the Board, if applicable, and is notified of the results,

and until the reinstatement fee is paid.  This license shall not be issued,

reissued, or extended if the applicant fails the examination, fails to appear

for the examination, or fails to remit the required fees within the time period

stipulated in 21 NCAC 54 .2103.  A temporary licensee shall comply with

supervision requirements specified in Section .2000 of this Chapter for the

same level of licensure for which application for reinstatement is approved.

 

History Note:        Authority G.S. 90-270.5(f),(g); 90-270.9;

Eff. September 1, 1982;

Amended Eff. September 1, 1996; October 1, 1991; March 1, 1989; June 1, 1988.

 

 

 

21 NCAC 54 .1704             REVIEW PROCEDURE

If, during the review of information submitted with an

application, questions arise from comments made in reference letters or

supervisor reports which may pertain to the ethical behavior or the moral

character of the applicant, the Board may request additional information from

references, supervisors, and the applicant.  In addition, the Board may

schedule an interview with the applicant concerning the questions raised by the

application material.

 

History Note:        Authority G.S. 90‑270.9; 90‑270.15;

Eff. September 1, 1982;

Amended Eff. May 1, 1996; October 1, 1991; March 1, 1989.

 

 

 

21 NCAC 54 .1705             ISSUANCE OF LICENSE

An applicant who has met all of the requirements for

licensure as either a licensed psychologist or psychological associate is

issued a certificate of licensure.  This license shows the date, license

number, licensee's name and academic degree upon which licensure is based,

level of licensure, and the signatures of all current Board members.  The

official seal is affixed to each.  A licensee shall display the licensure

certificate in his or her principal place of employment.

 

History Note:        Authority G.S. 90‑270.9;

Eff. September 1, 1982;

Amended Eff. July 1, 1996.

 

 

 

21 NCAC 54 .1706             REAPPLICATION

To reapply, an applicant must again submit all information

listed in 21 NCAC 54 .1701 Information Required and, if applicable, .1702

Foreign Degree Application Policy.  A reapplication will be reviewed under the

statutes and rules in effect on the date of reapplication.

 

History Note:        Authority G.S. 90‑270.9; 150B‑11(1);

Eff. October 1, 1991.

 

 

 

21 NCAC 54 .1707             SENIOR PSYCHOLOGIST

(a)  A senior psychologist is someone who has achieved

longevity in the practice of psychology and has demonstrated exemplary

professional behavior over the course of his/her career, as defined in this

Rule.

(b)  Except as provided in Paragraph (c) of this Rule, to be

approved for licensure at the Licensed Psychologist level on the basis of

senior psychologist status, an applicant shall hold a doctoral degree in

psychology from an institution of higher education and shall meet all of the

following requirements:

(1)           is licensed and has been licensed for 12

continuous years at the doctoral level by one or more other state or provincial

psychology boards which are members of the Association of State and Provincial

Psychology Boards, during which time, and in which jurisdiction(s), he/she has

practiced psychology for a minimum of 10 years on at least a half-time (i.e.,

20 hours per week) basis;

(2)           has had no disciplinary sanction during

his/her period of licensure in any jurisdiction;

(3)           has no unresolved complaint in any

jurisdiction at the time of application or during the pendency of application

in North Carolina; and

(4)           passes the North Carolina State

Examination.

(c)  An applicant who received the doctoral degree prior to

January 1, 1978, upon which his or her psychology licensure in another

jurisdiction is based, shall hold a doctoral degree from an institution of

higher education and meet all of the requirements specified in Subparagraphs

(b)(1) through (b)(4) of this Rule.

(d)  Except as provided in Paragraph (e) of this Rule, to be

approved for licensure at the Licensed Psychological Associate level on the

basis of senior psychologist status, an applicant shall hold a master's,

specialist, or doctoral degree in psychology from an institution of higher

education and shall meet all of the following requirements:

(1)           is licensed and has been licensed for 12

continuous years at the master's level by one or more other state or provincial

psychology boards which are members of the Association of State and Provincial

Psychology Boards, during which time, and in which jurisdiction(s), he/she has

practiced psychology for a minimum of 10 years on at least a half-time (i.e.,

20 hours per week) basis;

(2)           has had no disciplinary sanction during

his/her entire period of licensure in any jurisdiction;

(3)           has no unresolved complaint in any

jurisdiction at the time of application or during the pendency of application

in North Carolina; and

(4)           passes the North Carolina State Examination.

(e)  An applicant who received the degree prior to January

1, 1978, upon which his or her psychology licensure in another jurisdiction is

based, shall hold a master's, specialist, or doctoral degree from an

institution of higher education and meet all of the requirements specified in

Subparagraphs (d)(1) through (d)(4) of this Rule.

(f)  The information required for each applicant shall

consist of:

(1)           typed or legibly printed, notarized

application form, including an affidavit which attests to meeting the

requirements specified in Subparagraphs (b)(1) through (b)(3) or Subparagraphs

(d)(1) through (d)(3) of this Rule, as applicable;

(2)           typed or legibly printed, notarized

supervision contract form;

(3)           application fee;

(4)           signed consent form, completed Fingerprint

Record Card, and other such form(s) or information as required by the North

Carolina Department of Justice to perform a criminal history record check;

(5)           payment of fee required by the North

Carolina Department of Justice to conduct a criminal history record check;

(6)           official college transcript(s) sent

directly to the Board by any training institution(s) from which the applicant

received a graduate degree;

(7)           three completed reference forms from

professionals who are familiar with the applicant's current work, one of which

is from a doctoral level psychologist; and

(8)           written verification and report on the

status of any occupational licensure, including dates of licensure and any

disciplinary action which is pending or has been taken, sent directly to the

Board from any other regulatory agency in North Carolina and any other

jurisdiction in which the applicant has applied for a license, is currently

licensed, or previously was licensed.

(g)  An application shall contain all requested materials to

be complete.  An incomplete application shall be active for three months from

the date on which the application is received in the Board office.  At the end

of such time, if still incomplete, the application shall be void, and the

applicant shall be deemed to have discontinued the application process. If the

individual chooses to pursue licensure at a later date, the individual shall

totally reapply.

(h)  To be considered to have made application pursuant to

G.S. 90-270.5(a), the information specified in Subparagraphs (f)(1) through

(f)(5) of this Rule shall be filed in the Board office within 30 days of

offering to practice or undertaking the practice of psychology in North

Carolina.

 

History Note:        Authority G.S. 90-270.4(h); 90-270.5(a); 90-270.9;

90-270.13(a),(e); 90-270.22(a);

Eff. January 1, 1996;

Amended Eff. March 1, 2008; August 1, 2006.

 

SECTION .1800 ‑ EDUCATION

 

 

21 NCAC 54 .1801             PRACTICING PSYCHOLOGIST REQUIREMENTS

AS OF JUNE 30, 1987

 

History Note:        Authority G.S. 90‑270.9; 90‑270.11(a)(1)c;

Eff. September 1, 1982;

Amended Eff. March 1, 1989; June 1, 1988;

Repealed Eff. May 1, 1996.

 

 

 

21 NCAC 54 .1802             PSYCHOLOGICAL ASSOCIATE

(a)  Licensure for the level of psychological associate

requires a master's degree or specialist degree in psychology from an

institution of higher education.  The degree program shall meet all of the

following requirements:

(1)           The program shall be identified and labeled

as a psychology program; such a program shall specify in institutional

catalogues its intent to educate and train students to engage in the activities

which constitute the practice of psychology as defined in G.S. 90-270.2(8).

(2)           The program shall maintain authority and

primary responsibility for the core and specialty areas even if the program

crosses administrative lines.

(3)           The program shall have an identifiable body

of students in residence at the institution who are matriculated in that

program for a degree.

(4)           There shall be an identifiable full-time

psychology faculty in residence at the institution, sufficient in size and

breadth to carry out its responsibilities, employed by and providing

instruction at the home campus of the institution.

(5)           There shall be a psychologist responsible

for the student's program either as the administrative head of the program, or

as the advisor, major professor, or committee chair for the individual

student's program.

(6)           The program shall be an integrated,

organized sequence of study in psychology as demonstrated by an identifiable

curriculum track or tracks wherein course sequences and course content are

described in institutional catalogues, departmental handbooks, or other

institutional publications.

(7)           The program shall encompass the equivalent

of a minimum of one academic year of full-time graduate study in student

residence at the institution from which the degree is granted.  Residence

requires interaction with psychology faculty and other matriculated psychology

students at the institution.  One year's residency is defined as 30 semester

(45 quarter or 40 trimester) hours taken on a full-time or part-time basis at

the institution.

(8)           The program shall include, as listed on the

transcript, internship, externship, practicum, or other supervised field

experience appropriate to the area of specialty and the practice of psychology,

as defined in G.S. 90-270.2(8), which shall be referred to hereinafter as

supervised training experience.  This supervised training experience shall meet

all of the following criteria:

(A)          It shall be a planned and directed program of

training for the practice of psychology, in contrast to on-the-job training,

and shall provide the trainee with a planned and directed sequence of training

that is integrated with the educational program in which the student is

enrolled.  This supervised training experience shall be planned by the

educational program faculty and training site staff, rather than by the

student.

(B)          The supervised training experience shall have a

written description detailing the program of training, or a written agreement,

developed prior to the time of the training, between the student's educational

program and the training site, detailing the responsibilities of the student

and the training site.  Such an agreement shall be approved by the student's

educational program prior to the beginning of the supervised training

experience.

(C)          The supervised training experience site shall have a

designated and appropriately licensed or certified psychologist or

psychological associate responsible for the integrity and quality of the

supervised training experience.

(D)          A student enrolled in a supervised training

experience shall be designated as any of the following:  an "intern,"

"extern," or "practicum student," or shall hold a title

which indicates training status for the practice of psychology.

(E)           The supervised training experience shall be a

minimum of 12 weeks consisting of at least 500 hours of supervised training. 

At least 400 hours of the training shall be in the practice in psychology as

defined by G.S. 90-270.2(8).  Supervision for this training experience shall be

provided as required by Parts (a)(8)(G) or (a)(8)(H) of this Rule.

(F)           The supervised training experience shall be

completed within a period of 12 consecutive months at not more than two

training sites.

(G)          Except as provided in Part (a)(8)(H) of this Rule,

regularly scheduled individual face-to-face supervision with the specific

intent of overseeing the practice of psychology shall be provided by a North

Carolina licensed or certified psychologist or psychological associate or by a

psychologist who is exempt from licensure, pursuant to G.S. 90-270.4(b), at a

rate of not less than one hour per week during at least 12 separate weeks of

the supervised training experience.  The supervisor shall establish and

maintain a level of supervisory contact consistent with professional standards

and shall be accessible to the student.

(H)          If completing a supervised training experience

outside of North Carolina, the student shall be provided regularly scheduled

individual face-to-face supervision with the specific intent of overseeing the

practice of psychology by a licensed or certified psychologist or psychological

associate or by an individual holding a master's, specialist, or doctoral

degree in psychology, at a rate of not less than one hour per week during at

least 12 separate weeks of the supervised training experience.  The supervisor

shall establish and maintain a level of supervisory contact consistent with

professional standards and shall be accessible to the student.  Proof of the

supervisor's license or degree program, as applicable, may be required by the

Board to establish the supervisor's training in psychology.

(9)           Except as provided in Paragraph (b) of this

Rule, the program of study shall include a minimum of 45 semester (68 quarter

or 60 trimester) hours of graduate study in standard psychology courses,

including courses drawn from academic psychology (e.g., social, experimental,

physiological, developmental, history and systems), statistics and research

design, scientific and professional ethics and standards, and a specialty

area.  Of the required 45 semester (68 quarter or 60 trimester) program hours,

not more than 6 semester (9 quarter or 8 trimester) hours shall be credited for

internship/practicum and not more than 6 semester (9 quarter or 8 trimester)

hours shall be credited for thesis/dissertation.  No credit shall be allowed

for audited courses or courses taken at an institution which does not meet the

definition of an "institution of higher education" as defined by G.S.

90-270.2(5).

(b)  If an individual's degree program did not include a

minimum of 45 semester (68 quarter or 60 trimester) hours of course content, as

defined in Subparagraph (a)(9) of this Rule, but included a minimum of 39

semester (59 quarter or 52 trimester) hours of graduate study in standard

psychology courses, as specified in Subparagraph (a)(9) of this Rule, allowing

not more than 6 semester (9 quarter or 8 trimester) hours for

practicum/internship and 6 semester (9 quarter or 8 trimester) hours for

thesis/dissertation, the individual shall be allowed to take, and must pass

with a grade of "B" or above, additional graduate level course work

to meet the hourly requirement specified in Subparagraph (a)(9) of this Rule.

The individual shall complete specified course content, as defined by

Subparagraph (a)(9) of this Rule, to meet the minimum educational requirements

to apply for licensure.  The aforementioned course work shall be completed at

an institution of higher education, as defined by G.S. 90-270.2(5), in a

graduate psychology program in the same specialty area as the degree program

completed by the individual and shall be reported on an official transcript. 

The institution of higher education which permits a student to take additional

course work shall be construed as being responsible only for the specific

course work taken at that institution and not for the student's entire course

of study, unless the student's entire program was completed at that

institution.  No credit shall be accepted by the Board for audited courses. 

This additional graduate level course work shall not duplicate course work

taken by the individual in his or her degree program or prior to admittance to

his or her degree program and shall be completed in one or more of the

following areas:

(1)           academic psychology (e.g., social,

experimental, physiological, developmental, history and systems);

(2)           statistics and research design;

(3)           scientific and professional ethics and

standards; or

(4)           electives offered in the course of study

for the individual's specialty area (e.g., clinical psychology, counseling

psychology, school psychology, or other specialty area in psychology).

(c)  If an individual's degree program did not include a

minimum of 39 semester (59 quarter or 52 trimester) hours in standard

psychology courses, as specified in Subparagraph (a)(9) of this Rule, allowing

not more than 6 semester (9 quarter or 8 trimester) hours for

practicum/internship and not more than 6 semester (9 quarter or 8 trimester)

hours for thesis/dissertation, the individual shall not be allowed to obtain

additional hours at a post-graduate level to meet the hourly requirements in

Subparagraph (a)(9) of this Rule.

(d)  An individual shall not, under any circumstance

following the completion of the individual's master's or specialist degree in

psychology, be allowed to complete a practicum, internship, or other supervised

training experience requiring the individual to practice psychology in order to

meet the minimum educational requirement.

(e)  An applicant whose credentials have been approved by

the Board for examination at the licensed psychologist level may be issued a

license as a psychological associate if the applicant fails an examination at

the licensed psychologist level but passes such at the psychological associate

level.  To receive this license, the applicant shall make a written request to

the Board for licensure at the psychological associate level within 30 days

from the date on which the applicant is notified of his or her examination

score

 

History Note:        Authority G.S. 90-270.9; 90-270.11(b);

Eff. September 1, 1982;

Amended Eff. August 1, 2006; July 1, 1997; October 1,

1991; August 1, 1984.

 

21 NCAC 54 .1803             LICENSED PSYCHOLOGIST

(a)  Licensure for the level of licensed psychologist

requires a doctoral degree based on a planned and directed program of studies

in psychology from an institution of higher education.  The applicant's

doctoral program, hereinafter referred to as "program," shall be one

which was accredited by the American Psychological Association or the Canadian

Psychological Association at the time of the individual's graduation from the

program, or one which meets all of the following requirements:

(1)           The program shall be publicly identified

and labeled as a psychology program; such a program shall specify in pertinent

institutional catalogues its intent to educate and train psychologists to

engage in the activities which constitute the practice of psychology as defined

in G.S. 90-270.2(8).

(2)           The program shall maintain authority and

primary responsibility for the core and specialty areas whether or not the

program crosses administrative lines.

(3)           The program shall have an identifiable body

of students in residence at the institution who are matriculated in that

program for a degree.

(4)           There shall be an identifiable full-time

psychology faculty in residence at the institution, sufficient in size and

breadth to carry out its responsibilities, employed by and providing

instruction at the home campus of the institution.

(5)           There shall be a psychologist responsible

for the applicant's program either as the administrative head of the program,

or as the advisor, major professor, or committee chair for the individual

applicant's program.

(6)           The program shall be an integrated,

organized sequence of study in psychology as demonstrated by an identifiable

curriculum track or tracks wherein course sequences are outlined.

(7)           The program shall encompass the equivalent

of a minimum of three academic years of full-time graduate study, two years of

which are at the institution from which the degree is granted, and one year of

which is in residence at the institution from which the degree is granted. 

Residence requires interaction with psychology faculty and other matriculated

psychology students.  One year's residence is defined as 30 semester (45

quarter or 40 trimester) hours taken on a full-time or part-time basis at the

institution.

(8)           The program shall include practicum,

internship, field experiences, or laboratory training appropriate to the area

of specialty and the practice of psychology; this experience shall be

supervised by a psychologist.

(9)           Except as provided in Paragraph (b) of this

Rule, the program of study shall include a minimum of 60 semester (90 quarter

or 80 trimester) hours of graduate study in standard psychology courses,

exclusive of credits for internship/practicum and thesis/dissertation,

including instruction in scientific and professional ethics and standards,

research design and methodology, statistics and psychometrics, and the

specialty area.  No credit shall be allowed for audited courses or courses

taken at an institution which does not meet the definition of an

"institution of higher education" as defined by G.S. 90-270.2(5).

(10)         The program shall include demonstrated

competency in the four substantive content areas identified in this

Subparagraph; this shall be met through a minimum of three semester (five quarter

or four trimester) hours in each of these content areas:

(A)          biological bases of behavior (e.g., physiological

psychology, comparative psychology, neuropsychology, sensation and perception,

psychopharmacology);

(B)          cognitive-affective bases of behavior (e.g.,

cognition, memory, learning, thinking, motivation, emotion);

(C)          social bases of behavior (e.g., social psychology,

group processes, organizational and systems theory, cultural and ethnic bases,

sex roles);

(D)          individual differences (e.g., personality theory,

human development, abnormal psychology, individual differences).

(b)  If an individual's degree program did not include a

minimum of 60 semester (90 quarter or 80 trimester) hours in standard

psychology courses, as specified in Subparagraphs (a)(9) and (a)(10) of this

Rule, but included a minimum of 54 semester (81 quarter or 72 trimester) hours

of graduate study in standard psychology courses, as specified in Subparagraphs

(a)(9) and (a)(10) of this Rule, exclusive of credits for internship/practicum

and thesis/dissertation, the individual shall be allowed to take, and must pass

with a grade of "B" or above, additional graduate level course work

to meet the hourly requirement specified in Subparagraphs (a)(9) and (a)(10) of

this Rule.  The individual shall complete specified course content, as defined

by Subparagraphs (a)(9) and (a)(10) of this Rule, to meet the minimum

educational requirements to apply for licensure.  The aforementioned course

work shall be completed at an institution of higher education, as defined by

G.S. 90-270.2(5), in a graduate psychology program in the same specialty area

as the degree program completed by the individual and shall be reported on an

official transcript.  Alternately, the aforementioned course work may be

completed in a formal re-specialization program in psychology, which shall be

reported on an official transcript.  The institution of higher education which

permits a student to take additional course work shall be construed as being

responsible only for the specific course work taken at that institution and not

for the student's entire course of study, unless the student's entire graduate

program was completed at that institution.  No credit shall be accepted by the

Board for audited courses.  This additional graduate level course work shall

not duplicate course work taken by the individual in his or her degree program

or prior to admittance to his or her degree program.

(c)  If an individual's degree program did not include a

minimum of 54 semester (81 quarter or 72 trimester) hours of graduate study in

standard psychology courses, as specified in Subparagraphs (a)(9) and (a)(10)

of this Rule, exclusive of credits for internship/practicum and

thesis/dissertation, the individual shall not be allowed to obtain additional

hours at a post-graduate level to meet the hourly requirements in Subparagraphs

(a)(9) and (a)(10).

 

History Note:        Authority G.S. 90-270.9; 90-270.11(a);

Eff. June 1, 1988;

Amended Eff. July 1, 2009; July 1, 1997; October 1, 1991;

March 1, 1989.

 

SECTION .1900 – EXAMINATION

 

21 NCAC 54 .1901             TYPES

(a)  Qualifying Examinations.  National and state

examinations shall be administered.  The examinations shall be taken only for

licensure purposes.  The applicant shall comply with deadlines and procedures

established by the examination contractor and testing vendor when approved to

take a computer administered examination.

(1)           National Examination.  The national

examination is the Examination for Professional Practice in Psychology (EPPP)

which is developed by the Association of State and Provincial Psychology Boards

(ASPPB).  The EPPP assesses the applicant's knowledge of the subject matter of

psychology and his or her understanding of professional and ethical problems in

the practice of psychology.  The passing point for licensed psychologist shall

be a scaled score of 500, and the passing point for licensed psychological

associate shall be a scaled score of 440.  This examination shall not be

required for an applicant who has previously taken the EPPP and whose score met

the North Carolina passing point which was established for that particular

administration date of the examination unless the Board determines pursuant to

G.S. 90-270.15 that an individual shall be required to take and pass a current

form of the EPPP.  Further, this examination shall not be required for an

applicant who documents meeting requirements for licensure specified in Rule

.1707 of this Chapter.

(2)           State Examination.  The Board-developed

state examination assesses the applicant's knowledge of the North Carolina

Psychology Practice Act, selected rules of the Board covering such topics as

education and supervision, and other legal requirements.  The passing point for

all licensees shall be set at 78% of the total scored items on the examination.



(b)  Oral Examination.   Upon proof that an applicant or

licensee has engaged in any of the prohibited actions specified in G.S.

90-270.15(a), the Board may administer a state oral examination which assesses

knowledge of the North Carolina Psychology Practice Act, selected rules of the

Board covering such topics as education and supervision, and other legal

requirements.

(c)  Special Administrations.  Candidates with documented

impairments or disabilities which meet compliance requirements of the Americans

with Disabilities Act of 1990 (ADA) shall be administered the EPPP and State

Examination under conditions that shall minimize the effect of the impairments

or disabilities on their performance.  In general, those lifestyle accommodations

which an individual uses to compensate for impairments or disabilities, and

which have become accepted practice for the individual in his or her graduate

program or since the onset of the applicant's impairment of disability, shall

be considered as the most appropriate accommodation for testing.  Special test

administrations shall be as comparable as possible to a standard

administration.

 

History Note:        Authority G.S. 90-270.9; 90-270.11;

90-270.15(b);

Eff. September 1, 1982;

Amended Eff. September 1, 2005; April 1, 2001; October 1,

1996; March 1, 1989; January 1, 1986; July 1, 1985; August 1, 1984.

 

21 NCAC 54 .1902             REPORTING OF SCORES

Each applicant for licensure is informed in writing of

his/her score on the national and state examinations.  Those who have not

passed are informed that licensure is denied and of the policies regarding re‑examination.

 

History Note:        Authority G.S. 90‑270.9;

Eff. September 1, 1982;

Amended Eff. October 1, 1991; January 1, 1986.

 

 

 

21 ncac 54 .1903             RETAKING

An applicant may take the examination no more than 4 times

in a 12-month period and no more frequently than every 60 days upon payment of

the required fee.  The 12-month period begins on the date of the letter which

notifies the applicant that his or her credentials have been approved for

examination by the Board.  After failing the examination for the fourth time or

after the passage of 12 months, whichever occurs first, an applicant must

totally reapply for licensure.  Except as exempt under G.S. 90-270.4, after

failing the examination for the second time, an applicant shall not practice or

offer to practice psychology without first becoming licensed. 

 

History Note:        Authority G.S. 90-250.5(b); 90‑270.9;

Eff. September 1, 1982;

Amended Eff. April 1, 2001; October 1, 1991; March 1,

1989; July 1, 1985.

 

21 ncac 54 .1904             FAILURE TO APPEAR

If an applicant does not appear for an examination within

four months after being approved for examination by the Board, he or she shall

be deemed to have failed the examination.  The four-month period begins on the

date of the letter which notifies the applicant that his or her credentials

have been approved for examination by the Board.  The applicant shall be

permitted to take the examination within the next consecutive four months

without reapplying for licensure.  If the applicant does not appear for an

examination within the second four-month period, he or she shall be deemed to

have failed the examination a second time and must reapply for licensure.  Except

as exempt under G.S. 90-270.4, after failing the examination for the second

time, an applicant shall not practice or offer to practice psychology without

first becoming licensed by the Board.

 

History Note:        Authority G.S. 90-270.5(b); 90‑270.9;

Eff. September 1, 1982;

Amended Eff. April 1, 2001; May 1, 1996; October 1, 1991;

March 1, 1989; July 1, 1985.

 

SECTION .2000 ‑ SUPERVISION

 

21 NCAC 54 .2001             SUPERVISOR

(a)  Except as provided in Paragraph (b) of this Rule, the

following individuals shall be recognized as appropriate contract supervisors

for individuals requiring supervision to practice psychology:

(1)           a licensed psychologist, permanent;

(2)           any person who was in a psychology position

with the State of North Carolina on December 31, 1979, and who is still so

employed, provided that such supervision is, and was on December 31, 1979,

within the psychologist's regular job description and is only for activities

which are part of the regular duties and responsibilities of the supervisee

within his or her regular position at a State agency or department;

(3)           a doctoral level licensed psychologist who

is licensed in the jurisdiction where the supervisee is practicing  psychology;

or

(4)           a licensed psychological associate as

provided for in Rule .2005 in this Section.

(b)  The Board may disapprove an otherwise qualified

supervisor for the following reasons:

(1)           evidence that the supervisor is not

competent or qualified to supervise the supervisee;

(2)           evidence that the supervisor has failed to

adhere to legal or ethical standards;

(3)           evidence that there is a lack of congruence

between the supervisor's training, experience, and area of practice and the

supervisee's proposed area(s) of practice; or

(4)           evidence that the supervisor has a license

against which disciplinary or remedial action has been taken.

(c)  Each supervisor shall:

(1)           carefully assess his or her own ability to

meet the supervisory needs of potential supervisees;

(2)           offer and provide supervision only within

the supervisor's own area(s) of competence and assure that the professional

expertise and experience of the supervisor shall be congruent with the practice

of the supervisee;

(3)           enter into a written agreement with the

supervisee on a Board adopted supervision contract form which details the

supervisee's obligations as well as the supervisor's responsibilities to the

supervisee;

(4)           direct the supervisee to practice

psychology only within areas for which he or she shall be qualified by

education, training, or supervised experience;

(5)           establish and maintain a level of

supervisory contact consistent with established professional standards and be

accessible to the supervisee;

(6)           direct the supervisee to keep the

supervisor informed of services performed by the supervisee;

(7)           advise the Board if the supervisor has

reason to believe that the supervisee is practicing in a manner which indicates

that ethical or legal violations have been committed;

(8)           maintain a clear and accurate record of

supervision with a supervisee which documents the following:

(A)          dates and appointment times of each supervision

session, including the length of time of each session;

(B)          summary content of each session including treatment

issues addressed, concerns identified by the supervisor and supervisee,

recommendations of the supervisor, and intended outcome for recommendations of

the supervisor; and

(C)          fees charged, if any, to the supervisee for

supervision; Except when prevented from doing so by circumstances beyond the

supervisor's control, the supervisor shall retain securely and confidentially

the records reflecting supervision with a supervisee for at least seven years

from the date of the last session of supervision with a supervisee.  If there

are pending legal or ethical matters or if there is otherwise any other

compelling circumstance, the supervisor shall retain the complete record of

supervision securely and confidentially for an indefinite period of time.

(9)           report on the required form to the Board

that agreed upon supervision has occurred; and

(10)         file a final supervision report within two

weeks of termination of supervision.

(d)  To maintain the professional nature of the supervision,

a familial or strongly personal relationship shall not exist between the

supervisor and supervisee, except in extraordinary circumstances, such as the

lack of availability of any other qualified supervisor.  In such cases, the

Board shall require documentation that no other supervision is available and

reference letters from colleagues commenting on the appropriateness of the

proposed supervisory relationship.

 

History Note:        Authority G.S. 90-270.5; 90‑270.9;

Eff. September 1, 1982;

Amended Eff. July 1, 1997; October 1, 1991; March 1,

1989.

21 NCAC 54 .2002             NATURE OF SUPERVISION

(a)  The nature of mandated supervision shall depend on the

specific areas of practice, experience, and training germane to the area of

specialty of the supervisee.  This supervision shall be the process to assure that

an appropriate professional standard is being applied to the solution of a

client's problem, and that the laws that govern the practice of psychology and

the ethics that guide that practice are understood and followed.  The purpose

of such Board mandated supervision shall not be for introductory training of

the supervisee in additional skills, methods, or interventions, but may include

enhancement and refinement of previously learned skills.  Supervision shall

include consideration of the following areas:

(1)           ethical, legal, and professional standards;

(2)           technical skills and competency;

(3)           supervisee's utilization of supervision;

and

(4)           supervisee's ability to function

independently or with reduced supervision.

(b)  Each supervisee shall:

(1)           attend scheduled supervision sessions;

(2)           provide the supervisor with a disclosure of

psychological services being offered or rendered by the supervisee;

(3)           cooperate with the supervisor to assure

that all conditions in Paragraph (c) of Rule .2001 of this Section are met;

(4)           provide the supervisor with information

necessary for the supervisor to advise the supervisee on cases giving rise to

professional, ethical, and legal concerns;

(5)           notify the Board if he or she has reason to

believe that the supervisor has behaved in a manner which shall indicate that

the supervisor has committed an ethical or legal violation; and

(6)           file a revised supervision contract form

within 30 days of a change in the conditions specified in the supervision

contract form on file with the Board.

(c)  The supervisee and supervisor shall determine jointly

the nature and extent of notification to clients or patients of the supervisory

process (e.g., clinical information may be discussed with the supervisor or the

means by which the supervisor may be contacted) and which cases, issues, and

techniques are appropriate and necessary for supervision.  Specific supervision

shall not be mandated by the Board for each person evaluated or treated, or for

every treatment, evaluative technique, or professional activity undertaken. 

Contract supervisors shall not be required to sign or co‑sign reports,

treatment plans, letters, or other clinical documents for which the supervisee

shall be responsible; neither shall it be necessary that such clinical documents

reflect the supervisory process.  Agencies shall not be precluded from

requiring supervisor signatures or co‑signatures.

 

History Note:        Authority G.S. 90-270.5; 90‑270.9;

Eff. September 1, 1982;

Amended Eff. July 1, 1997; October 1, 1991; March 1, 1989.

 

 

 

21 NCAC 54 .2003             CONTRACTING AND REPORTING

21 NCAC 54 .2004             TIME REQUIREMENTS

 

History Note:        Authority G.S. 90-270.2(f); 90-270.4(a2);

90-270.5(d); 90-270.9; 90-270.15(e);

Eff. September 1, 1982;

Amend Eff. October 1, 1991; March 1, 1989; January 1,

1986; August 1, 1984;

Repealed Eff. July 1, 1997.

 

 

 

21 NCAC 54 .2005             ALTERNATE SUPERVISION REQUIREMENTS

A licensed psychological associate may submit an alternate

supervision plan which proposes that another licensed psychological associate

be recognized as an appropriate contract supervisor.  Approval by the Board

shall be obtained by a licensee prior to receiving supervision under the

provisions of this Rule.  To be approved by the Board, the alternate

supervision plan shall include the following:

(1)           documentation that the plan shall provide for

superior supervision;

(2)           confirmation that the plan shall be reviewed,

approved, and monitored by a licensed psychologist, permanent, who agrees to

assume responsibility for the quality, suitability, and implementation of the

plan throughout its duration;

(3)           confirmation that the supervising psychological

associate shall not engage in reciprocal supervisory arrangements with other

licensed psychological associates; and

(4)           documentation that the supervising psychological

associate shall have practiced psychology on at least a half-time basis (i.e.,

20 hours per week) for a minimum of 10 years and shall have had no disciplinary

action sanction during his or her entire period of licensure in any

jurisdiction.

 

History Note:        Authority G.S. 90‑270.2(f); 90‑270.9;

Eff. September 1, 1982;

Amended Eff. July 1, 1997; January 1, 1986; August 1,

1984.

 

 

 

21 NCAC 54 .2006             PSYCHOLOGICAL ASSOCIATE ACTIVITIES

(a)  The assessment of overall personality functioning by a

psychological associate requires supervision.  The assessment of personality

functioning involves any assessment or evaluative technique which leads to

conclusions, inferences, and hypotheses regarding personality functioning. 

This includes:

(1)           all statements regarding personality

attributes, features, traits, structure, dynamics, and pathology or assets;

(2)           the use of personality assessment techniques

which include, but are not limited to, observation, interviewing, mental status

examinations, word association tests, diagnostic play therapy, and

autobiographical techniques; and

(3)           the use of standardized personality

techniques or tests.  Examples of techniques or tests include, but are not

limited to, the following: Rorschach, Thematic Apperception Test, sentence

completion tests, the House Tree Person, Minnesota Multiphasic Personality

Inventory, the California Personality Inventory, The Millon tests, the 16PF,

and all other self-report inventories and questionnaires, as well as scales and

check lists completed by others.  The tests identified in this Rule as

requiring supervision do not constitute an exhaustive list, only the most

commonly utilized measures.

Not requiring supervision are screening techniques which

lead to simple descriptors of persons which may be completed by a variety of

professional and non-professional observers and are interpreted by other

parties. 

(b)  The conduct of neuropsychological evaluations by

psychological associates requires supervision.  Not requiring supervision are

neuropsychological screenings which lead to simple behavioral descriptions

rather than clinical interpretations, or the administration of rating devices

which may be completed by a variety of professional and non-professional

observers and are subsequently interpreted by other parties.

(c)  Psychotherapy, counseling, and any other interventions

with a clinical population for the purpose of preventing or eliminating

symptomatic, maladaptive, or undesired behavior provided by a psychological

associate require supervision. Clinical populations include persons with

discernible mental, behavioral, emotional, psychological, or psychiatric

disorders as evidenced by an established Axis 1 or Axis II diagnosis or V Code

condition in the then current DSM and all persons meeting the criteria for such

diagnoses.  Interventions other than psychotherapy and counseling that are

encompassed by this definition include, but are not limited to, psychological

assessment, psychoanalysis, behavior analysis/therapy, biofeedback, and

hypnosis.  Supervision is required when the psychological associate is

providing an intervention to persons within a clinical population, directly

with the person(s) or in consultation with a third party, for the purpose of

preventing or eliminating symptomatic, maladaptive, or undesired behavior. 

Supervision is required for the design or clinical oversight of interventions

for persons within a clinical population, such as biofeedback techniques and

behavior intervention programs; however, supervision is not required for the

actual implementation of such interventions that were designed for others to

implement, which may or may not constitute ancillary services.

(d)  The use, including authorization, of intrusive,

punitive, or experimental procedures, techniques, or measures by a

psychological associate requires supervision.  These procedures, techniques, or

measures include, but are not limited to, seclusion, physical restraint, the

use of protective devices for behavioral control, isolation time-out, and any

utilization of punishment techniques involving aversive stimulation.  Also

included in this definition are any other techniques which are physically

intrusive, are restrictive of human rights or freedom of movement, place the

client at risk for injury, or are experimental in nature (i.e., in which the

efficacy and degree of risk have not previously been clinically established).

(e)  Supervision is required for a psychological associate

who provides clinical supervision to other service providers who are engaged in

activities which would require supervision if directly provided by the

psychological associate.

 

History Note:        Authority G.S. 90-270.5(e); 90-270.9;

Eff. October 1, 1991;

Amended Eff. October 1, 2006.

 

21 NCAC 54 .2007             APPLICANTS AND OTHER NONLICENSED

INDIVIDUALS

(a)  Except as provided for in this Rule, in 21 NCAC 54

.1610, and in 21 NCAC 54 .1703, applicants and individuals who have yet to

apply shall not practice or offer to practice psychology without supervision. 

With the exception of those activities which are exempt from licensure as

stipulated in G.S. 90-270.4, all activities comprising the practice of

psychology shall be subject to review by a supervisor.  A minimum of one hour

per week of face-to-face individual supervision shall be required in any week

in which an applicant or nonlicensed individual practices psychology. 

Supervision shall be provided by an individual who shall be recognized as an

appropriate supervisor of licensees as defined in Rule .2001 of this Section.

(b)  An applicant or a nonlicensed individual who is not

practicing or offering to practice psychology in North Carolina shall not be

required to receive supervision.

(c)  An applicant shall keep a written, notarized supervision

contract form on file in the Board's office at all times.  A supervision

contract form shall document either that supervision is required and shall be

received, or that supervision is not required.

(d)  An initial written, notarized supervision contract form

shall be filed along with the application form.  A new supervision contract

form shall be filed within 30 days of a change in the conditions specified in

the supervision contract form on file with the Board and within 30 days after

receiving written notification from the Board that the filing of a new form is

necessary to provide for the protection of the public or the regulation of the

practice of psychology.

(e)  Supervision reports shall be submitted upon termination

of supervision, when there is a change in the conditions specified in the

supervision contract form on file with the Board, or at any time that the

supervisor has concerns regarding the supervisee's performance.  Additional

monitoring and reporting to the Board may be required in cases where previous

evaluations or other information (e.g., reference letters, ethical complaints,

etc.) suggests possible problems in the supervisee's competence or adherence to

ethical standards.  Additional documentation or an interview with the Board or

its designated representative(s) may be required when questions arise regarding

the supervisee's practice due to information supplied or omitted on supervision

contract forms and reports or when required forms are not filed with the Board.

(f)  Contract and report forms shall be provided by the

Board.

 

History Note:        Filed as a Temporary Adoption Eff.

December 1, 1993, for a period of 180 Days or until the permanent rule becomes

effective, whichever is sooner;

Authority G.S. 90-270.5(c); 90-270.9;

Eff. April 1, 1994;

Amended Eff. July 1, 1997.

 

 

 

21 NCAC 54 .2008             PSYCHOLOGICAL ASSOCIATE

(a)  Except as provided in this Rule, a Psychological

Associate practicing psychology in North Carolina shall receive supervision for

activities specified in G.S. 90-270.5(e) and 21 NCAC 54 .2006.

(b)  A Psychological Associate whose professional practice

is limited to those activities other than those specified in G.S. 90-270.5(e)

and 21 NCAC 54 .2006 as requiring supervision shall not be required to receive

supervision.

(c)  A Psychological Associate who is a regular salaried

employee of the State Department of Public Instruction or a local board of

education, and whose professional activities are limited only to those for

which he or she is employed by that agency, shall not be required to receive

supervision.  This exemption shall not apply to individuals who contract with

the Department of Public Instruction or local boards of education for the

delivery of psychological services which otherwise require supervision in the

schools.

(d)  A Psychological Associate who engages in the practice

of psychology in a jurisdiction other than North Carolina shall not be required

to receive supervision for those services rendered in another jurisdiction so

long as said services are rendered in a manner consistent with the

jurisdiction's legal requirements.

(e)  A written, notarized supervision contract form shall be

filed within 30 days of a change in the conditions specified in the supervision

contract form on file with the Board and within 30 days after receiving written

notification from the Board that the filing of a new form is necessary to

provide for the protection of the public or the regulation of the practice of

psychology.  A supervision contract form shall document either that supervision

is required and shall be received, or that supervision is not required.  A

separate supervision contract form shall be filed for each separate work

setting.  If receiving supervision from more than one supervisor to meet the

minimum requirements, a separate supervision contract form shall be filed with

each individual supervisor.

(f)  A supervisor shall report to the Board that agreed upon

supervision has occurred and shall file a final report upon termination of

supervision.  If not receiving supervision, it shall be the responsibility of

the Psychological Associate to report such to the Board.  A report shall be

submitted to the Board within 30 days after receiving written notification from

the Board that such is due, within 2 weeks of termination of supervision, and

within 2 weeks of a change in the conditions specified in the supervision

contract form on file with the Board.

(g)  Additional supervision and reporting to the Board may

be required in cases where previous evaluations or other information (e.g.

reference letters, ethical complaints, etc.) suggests possible problems in the

supervisee's competence or adherence to ethical standards.  Additional

documentation or an interview with the Board or its designated

representative(s) may be required when questions arise regarding the

supervisee's practice due to information supplied or omitted on supervision

contract forms and reports or when required forms are not filed with the Board.

(h)  Supervision shall be provided in individual,

face-to-face, sessions which shall last no longer than 2 hours or less than 30

minutes by an individual who shall be recognized as an appropriate supervisor

as defined in Rule .2001 of this Section.  A Psychological Associate shall

receive a minimum of one hour per month of individual supervision in any month

during which he or she engages in activities requiring supervision.  The rates

of supervision specified in this Paragraph shall be provided for each separate

work setting in which the Psychological Associate engages in the activities

requiring supervision.  Minimum hours of supervision required for each work

setting shall not be split between more than two supervisors.  The term

"post-licensure" in this Paragraph shall refer to the period

following issuance of  a Psychological Associate license by the North Carolina

Psychology Board.   The term "supervised practice" in this Paragraph

shall refer to activities requiring supervision as specified in G.S.

90-270.5(e) and 21 NCAC 54 .2006.  Except as provided in Paragraph (g) of this

Rule, minimum supervision requirements shall be as follows:

(1)           Level 1.  For a Psychological Associate

with less than 3 calendar years consisting of at least 4500 hours of

post-licensure supervised practice, minimum supervision shall be provided as

follows:

 

No. of hours per month                                      No.

of hours of required

engaging in activities                                           individual

supervision

that require supervision                                      per

month

1 - 10                                                                      1

11 - 20                                                                   2

21 - 30                                                                   3

31 plus                                                                   4

 

(2)           Level 2.  After a minimum of 3 calendar

years consisting of at least 4500 hours of post-licensure supervised practice,

minimum supervision may be provided as follows:

 

No. of hours per month                                      No.

of hours of required

engaging in activities                                           individual

supervision

that require supervision                                      per

month

1 - 20                                                                      1

21 plus                                                                   2

 

To be approved by the Board for this level of

supervision, a Psychological Associate shall:

(A)          make application on an application form provided by

the Board;

(B)          document that all performance ratings for the

preceding 3 years and 4500 hours of post-licensure supervised practice have

been average or above average;

(C)          have received at least one calendar year of

supervision from the most recent supervisor; and

(D)          have the recommendation of the most recent

supervisor for this level of supervision.

(3)           Level 3.  After a minimum of 5 calendar

years consisting of at least 7500 hours of post-licensure supervised practice,

a minimum of 1 hour per month individual supervision may be provided to a

Psychological Associate who engages in activities requiring supervision.  To be

approved by the Board for this level of supervision, a Psychological Associate

shall:

(A)          make application on an application form provided by

the Board;

(B)          document that all performance ratings for the

preceding 5 years and 7500 hours of post-licensure supervised practice have

been average or above average;

(C)          have received at least one calendar year of

supervision from the most recent supervisor; and

(D)          have the recommendation of the most recent

supervisor for this level of supervision.

(i)  The frequency and scope of supervision may, at the

discretion of the supervising psychologist, be modified provided that the

minimum rate of supervision as defined in Paragraph (h) of this Rule is

provided.  The supervising psychologist of record may review, approve, and

monitor additional individual or group supervision to be provided to the

supervisee by a Licensed Psychological Associate, Licensed Psychologist holding

a permanent or provisional license, or a professional from a related discipline. 

Such supervision shall not substitute for the minimum requirements specified in

Paragraph (h) of this Rule.

(j)  Contract and report forms shall be provided by the

Board.

 

History Note:        Authority G.S. 90-270.4(c); 90-270.5(e);

90-270.9;

Eff. July 1, 1997.

 

 

 

21 NCAC 54 .2009             LICENSED PSYCHOLOGIST

(a)  Except as provided in 21 NCAC 54 .1707, to be issued a

permanent license at the Psychologist level, an applicant shall document a

minimum of 2 years consisting of at least 3000 hours of supervised practice

which shall meet the requirements specified in Paragraphs (i) and (j) of this

Rule.  A minimum of 1 calendar year consisting of at least 1500 hours of this

supervised practice shall be accrued at the postdoctoral level.

(b)  A psychologist who shall meet all other requirements

for a permanent license except the two years of supervised experience shall be

issued a provisional license at the Psychologist level and shall comply with

supervision requirements specified in this Rule.

(c)  If practicing psychology in North Carolina, a

provisional licensee shall receive at least one hour per week of face-to-face

individual supervision by an appropriate supervisor as defined in Rule .2001 of

this Section until permanent status shall be approved by the Board.

(d)  A provisional licensee who is not practicing psychology

shall not be required to receive supervision.

(e)  A provisional licensee who engages in the practice of

psychology in a jurisdiction other than North Carolina shall not be required to

receive supervision for those services rendered in another jurisdiction so long

as said services shall be rendered in a manner consistent with the

jurisdiction's legal requirements.

(f)  A written, notarized supervision contract form shall be

filed within 30 days of a change in the conditions specified in the supervision

contract form on file with the Board and within 30 days after receiving written

notification from the Board that the filing of a new form is necessary to

provide for the protection of the public or the regulation of the practice of

psychology.  A supervision contract form shall document either that supervision

is required and shall be received, or that supervision is not required.  A

separate supervision contract form shall be filed for each separate work setting. 

If receiving supervision from more than one supervisor, a separate supervision

contract form shall be filed with each individual supervisor.

(g)  A supervisor shall report to the Board that agreed upon

supervision has occurred and shall file a final report upon termination of

supervision.  If not receiving supervision, it shall be the responsibility of

the provisional licensee to report such to the Board.  A report shall be

submitted to the Board within 30 days after receiving written notification from

the Board that such is due, within 2 weeks of termination of supervision, and

within 2 weeks of a change in the conditions specified in the supervision

contract form on file with the Board.

(h)  Additional supervision and reporting to the Board may

be required in cases where previous evaluations or other information (e.g.

reference letters, ethical complaints, etc.) suggests possible problems in the

supervisee's competence or adherence to ethical standards.  Additional

documentation or an interview with the Board or its designated

representative(s) may be required when questions arise regarding the

supervisee's practice due to information supplied or omitted on supervision

contract forms and reports or when required forms are not filed with the Board.

(i)  One year of supervised experience shall meet all of the

following criteria for a training program in psychology:

(1)           The training shall be a planned and

directed program in the practice of psychology, in contrast to "on the

job" training, and shall provide the trainee with a planned, programmed

sequence of training experience.

(2)           The training site shall have a written

statement or brochure which describes its training program and is made

available to prospective trainees.

(3)           Trainees shall be designated as "interns,"

fellows," or "residents," or shall hold other designation which

clearly indicates training status.

(4)           The training shall be completed within a

consecutive period of 24 months.

(5)           The training shall consist of at least 1500

hours of practice in psychology as defined by G.S. 90-270.2(8).

(6)           The training site shall have a minimum of

two doctorally trained licensed, certified, or license eligible psychologists

at the training site as supervisors who shall have ongoing contact with the

trainee.

(7)           The training shall be under the direction

of a licensed, certified, or license eligible doctorally trained psychologist

who shall be on the staff of the training site, who shall approve and monitor

the training, who shall be familiar with the training site's purposes and

functions, who shall have ongoing contact with the trainee, and who shall agree

to assume responsibility for the quality, suitability, and implementation of

the training experience.

(8)           The training shall provide a minimum of two

hours per week of individual face‑to‑face discussion of the

trainee's practice, with the specific intent of overseeing the psychological

services rendered by the trainee.  Supervision may be provided in part by

psychiatrists, social workers, or other related professionals qualified by the

training site, but at least 50% of supervision shall be provided by licensed,

certified, or license‑eligible doctorally trained psychologists.

(9)           In addition to individual supervision, the

training site shall provide a minimum of two hours per week of instruction

which may be met by group supervision, assigned reading, seminars, and

similarly constituted organized training experiences.  Internships accredited

by the American Psychological Association and other internships which meet all

of the specified criteria in this Paragraph shall be deemed to meet the

requirements in this Paragraph.

(j)  One year of supervised experience shall meet all of the

following criteria:

(1)           A minimum of one hour per week of

face-to-face, individual supervision shall be provided.

(2)           The experience shall consist of a minimum

of 1 calendar year, shall include 1500 hours of practice, and shall be

completed within a consecutive 4-year period.

(3)           Supervision shall be provided for the

practice of psychology as defined by G.S. 90-270.2(8).

(4)           Supervision shall be provided by an

individual who shall be recognized as an appropriate supervisor of licensees as

defined in Rule .2001 of this Section.

(k)  Contract and report forms shall be provided by the

Board.

 

History Note:        Authority G.S. 90-270.5(d); 90-270.9;

Eff. July 1, 1997.

 

 

 

 

_

 

SECTION .2100 ‑ RENEWAL

 

 

21 NCAC 54 .2101             LICENSE RENEWAL FORM

(a)  The license renewal application form shall be mailed to

each licensee in the fall of each even numbered year.  It shall be a licensee's

responsibility to renew his/her license in a timely manner, and to notify the

Board if a renewal application form is not received.

(b)  The form may require the licensee to supply information

including, but not limited to, the following:  current addresses; area of

specialty; principal setting of practice; whether or not the licensee received

any formal continuing education during the past year; report on all supervision

contract forms on file with the Board.

(c)  Failure of a postal service to deliver the renewal

application properly, or failure of a licensee to submit all required

information on the appropriate form by any established statutory deadline,

shall not excuse the late fee or prevent license suspension.

 

History Note:        Authority G.S. 90‑270.9; 90‑270.14;

Eff. September 1, 1982;

Amended Eff. May 1, 1996; October 1, 1991; August 1,

1984.

 

 

 

21 NCAC 54 .2102             SECOND NOTICE

After the renewal date has passed, a second notice is sent

to each delinquent licensee, advising that the renewal fee with the late fee is

due and that non‑payment of these fees will result in the automatic

suspension of the license.

 

History Note:        Authority G.S. 90‑270.9; 90‑270.14(1);

90‑270.15(b); 150B‑11(1);

Eff. September 1, 1982.

 

 

 

21 NCAC 54 .2103             REINSTATEMENT

(a)  The information required for each applicant requesting

reinstatement of licensure within 30 days after a license has been suspended

due to non‑renewal shall consist of:

(1)           completed renewal application form;

(2)           documentation of having completed a minimum

of 18 continuing education hours as specified in Rule .2104 of this Section

during the two years preceding the date of application for reinstatement of

licensure;

(3)           completed supervision report form, if

applicable; and

(4)           payment of the renewal and reinstatement

fees.

The information listed in this Paragraph shall be filed in

the Board office within 30 days after a license has been suspended due to

non-renewal.

(b)  The information required for each applicant requesting

reinstatement of licensure after a license has been suspended for more than 30

days due to non‑renewal or after a license has been voluntarily

relinquished with the Board's consent shall consist of:

(1)           typed or legibly printed, notarized application

form and supervision contract form;

(2)           signed consent form, completed Fingerprint

Record Card, and other such form(s) or information as required by the North

Carolina Department of Justice to perform a criminal history record check;

(3)           payment of fee required by the North

Carolina Department of Justice to perform a criminal history record check;

(4)           documentation of having completed a minimum

of 18 continuing education hours as specified in Rule .2104 of this Section

during the two years preceding the date of application for reinstatement of

licensure;

(5)           completed information forms from present

and past supervisors;

(6)           three completed reference forms from

professionals who are familiar with the applicant's current work, one of which

shall be from a doctoral level psychologist;

(7)           written verification and report on the

status of any occupational licensure, including dates of licensure and any

disciplinary action which is pending or has been taken, sent directly to the

Board from any other regulatory agency in North Carolina and any other

jurisdiction in which the applicant has applied for a license, is currently

licensed, or previously was licensed, if applicable;

(8)           official graduate college transcripts, not

on file in the Board's office, sent directly to the Board by the training

institution(s); and

(9)           payment of the renewal and reinstatement

fees within 30 days after receiving notification from the Board that

reinstatement of licensure has been approved.

(c)  An application shall contain all requested materials to

be complete.  An incomplete application shall be active for three months from

the date of application.  At the end of such time, if still incomplete, the

application shall be void, and the applicant shall be deemed to have

discontinued the application process.  If the individual chooses to pursue

licensure at a later date, the individual shall totally reapply.

(d)  To be considered to have made application for

reinstatement of licensure pursuant to G.S. 90-270.5(a), the information specified

in Subparagraphs (b)(1) through (b)(4) of this Rule shall be filed in the Board

office within 30 days of offering to practice or undertaking the practice of

psychology in North Carolina.

(e)  Reexamination may be required for reinstatement.

 

History Note:        Authority G.S. 90‑270.9;

90-270.14(a)(2); 90‑270.15(f),(h); 90-270.22(a);

Eff. August 1, 1984;

Amended Eff. March 1, 2008; May 1, 1996; November 1,

1991; March 1, 1989.

 

21 NCAC 54 .2104             CONTINUING EDUCATION

(a)  The purpose of continuing education is to provide for

the continuing professional education of all psychologists licensed by the

North Carolina Psychology Board consistent with the purpose of the Board which

is to protect the public from the practice of psychology by unqualified persons

and from unprofessional conduct by persons licensed to practice psychology.

(b)  Compliance with this Rule shall be a condition for

license renewal.  A license shall be suspended automatically by operation of

law in accordance with G.S. 90-270.15(f) if a licensee fails to meet continuing

education requirements specified in this Rule.  This Rule shall apply to all

individuals licensed by the North Carolina Psychology Board who choose to renew

their licenses in North Carolina.  Licensees who would otherwise be exempt from

licensure, e.g., not practicing psychology in North Carolina, may relinquish

their licenses if they do not wish to comply with the requirements specified in

this Rule.

(c)  A continuing education hour is defined as one hour of

instructional or contact time.

(d)  Category A requirements shall be met through attendance

at formally organized courses, seminars, workshops, symposiums, and

postdoctoral institutes; or through completion of on-line or correspondence

courses.  Programs shall relate to topics listed in Paragraph (g) of this Rule;

be identified as offering continuing education for psychologists; and be

sponsored or co-sponsored by the North Carolina Psychology Board, by the

American Psychological Association, by American Psychological Association approved

sponsors, or by North Carolina Area Health Education Centers.  Contact hours

shall be specified by the sponsor.

(e)  Category B requirements shall be met through attendance

at colloquia, presentations of invited speakers, grand rounds, and in-house

seminars; attendance at programs offered at meetings of professional or

scientific organizations which are not approved for Category A credit;

participation in formally organized study groups or journal clubs; and self

study (e.g., reading articles or books for professional growth or in

preparation for publishing, teaching, or making a presentation).  One

continuing education hour shall be credited for each hour of participation in

Category B activities.

(f)  A licensee shall complete a minimum of 18 continuing

education hours in each biennial renewal period which begins on the first day

of October in each even numbered year.  Continuing education hours shall not

carry over from one renewal period to the next.  At least nine continuing

education hours shall be in Category A activities which shall include a minimum

of three continuing education hours in the area of ethical and legal issues in

the professional practice of psychology.

(g)  Topics for Category A and Category B requirements shall

fall within the following areas:

(1)           ethical and legal issues in the

professional practice of psychology, and

(2)           the maintenance and upgrading of

professional skills and competencies within the psychologist's scope of

practice.  This includes, but is not limited to, training in empirically

supported treatments, the application of research to practice, and training in

best practice standards and guidelines.

(h)  Continuing education hours shall not be allowed for the

following activities:

(1)           business meetings or presentations,

professional committee meetings, and meetings or presentations concerned with

the management of a professional practice;

(2)           membership, office in, or participation on

boards and committees of professional organizations;

(3)           research;

(4)           teaching, presentations, and publication,

except as allowed as self study in preparation for these activities as provided

under Paragraph (e) of this Rule; and

(5)           personal psychotherapy or personal growth

experience.

(i)  An individual licensed on or before October 1, 2002, shall attest on the license renewal application for the 2004-2006 biennial renewal

period, and on each subsequent biennial renewal application, to having met the

mandatory continuing education requirements specified in this Rule during the

two years preceding the October 1st renewal date.  An individual licensed after

October 1, 2002, shall attest on the second license renewal application

following licensure, and on each subsequent biennial renewal application, to

having met the mandatory continuing education requirements specified in this

Rule during the two years preceding the October 1st renewal date.

(j)  An applicant for reinstatement of licensure shall

document that he or she has completed a minimum of 18 continuing education

hours as specified in this Rule within the two years preceding the date of

application for reinstatement of licensure and shall attest on each subsequent

biennial renewal application to having met the mandatory continuing education

requirements specified in this Rule.

(k)  For Category A, a licensee shall maintain certificates

from Category A programs and written documentation of the following for a

minimum of seven years:

(1)           date of program;

(2)           number of contact hours;

(3)           name of sponsor of program;

(4)           title of program; and

(5)           location of program.

(l)  For Category B, a licensee shall maintain applicable

written documentation of the following for Category B activities consistent

with this Rule for a minimum of seven years:

(1)           date of program or activity;

(2)           number of instructional or contact hours as

defined in Paragraphs (d) and (e) of this Rule;

(3)           description of activity;

(4)           name of presenter, facilitator, or leader;

(5)           name of sponsor;

(6)           location;

(7)           full citation of article; and

(8)           summary of content.

The nature of the Category B activity determines the

applicable documentation.  For example, name of presenter, facilitator, or

leader; name of sponsor; and location are not required when a licensee

documents reading a journal article.

(m)  A licensee shall provide certificates, documentation,

and a signed attestation form designed by the Board within 30 days after

receiving written notification from the Board that proof of completion of

continuing education hours is required.  The Board may randomly verify the

documentation of required continuing education hours for a percentage of

licensees and may do so during the investigation of any complaints.  A licensee

shall not submit documentation of continuing education obtained unless directed

to do so by the Board.  The Board shall not serve as a depository for

continuing education materials prior to its directing that documentation must

be submitted.

 

History Note:        Authority G.S. 90-270.9; 90-270.14(a)(2);

Eff. August 1, 2002;

Amended Eff. July 1, 2003.

 

_

 

SECTION .2200 ‑ PROFESSIONAL CORPORATION

 

 

21 NCAC 54 .2201             CORPORATE NAME

 

History Note:        Authority G.S. 55B‑5; 55B‑14;

90‑270.9;

Eff. September 1, 1982;

Amended Eff. March 1, 1989; January 1, 1986;

Repealed Eff. September 1, 1996.

 

 

 

21 NCAC 54 .2202             CERTIFICATE OF REGISTRATION

The information required for an applicant to obtain a

certificate of registration for a professional corporation or professional

limited liability company organized to render professional psychological

services shall consist of:

(1)           typed, or legibly printed, notarized application

form;

(2)           registration fee; and

(3)           certified copy by the Secretary of State of the

Articles of Incorporation or Articles of Organization.  The certificate of

registration shall remain effective until January 1 following the date of such

registration.

 

History Note:        Authority G.S. 55B‑10; 57C-2-01(c);

90‑270.9;

Eff. September 1, 1982;

Amended Eff. July 1, 1996; March 1, 1989; January 1,

1986.

 

 

 

21 NCAC 54 .2203             RENEWAL OF CERTIFICATE OF

REGISTRATION

An application for renewal shall be sent to each registered

professional corporation and professional limited liability company prior to

January 1.  The Board shall renew the certificate of registration upon receipt

of the completed written application of the holder and the renewal fee.

 

History Note:        Authority G.S. 55B‑11; 57C-2-01(c);

90‑270.9;

Eff. September 1, 1982;

Amended Eff. July 1, 1996.

 

 

 

21 NCAC 54 .2204             SUSPENSION OR REVOCATION OF

CERTIFICATE OF REGISTRATION

 

History Note:        Authority G.S. 55B‑13; 90‑270.9;

Eff. September 1, 1982;

Amended Eff. March 1, 1989;

Repealed Eff. May 1, 1996.

 

 

 

 

SECTION .2300 ‑ ADMINISTRATIVE HEARING PROCEDURES

 

 

21 NCAC 54 .2301             RIGHT TO HEARING

When the Board proposes to suspend or revoke a license, or

at any other time when it deems a hearing legally required, it shall give

notice to the person(s) affected of the right to an administrative hearing. 

Such person may assert his right to a hearing by mailing or delivering to the

Board a written request for a hearing.

 

History Note:        Authority G.S. 90‑270.9; 150B‑3(b);

150B‑38;

Eff. August 1, 1984;

Amended Eff. March 1, 1989; September 1, 1988; January 1,

1986.

 

 

 

21 NCAC 54 .2302             REQUEST FOR HEARING

(a)  Any time an individual believes his rights, duties, or

privileges have been affected by the Board's administrative action, but has not

received notice of a right to an administrative hearing, that individual may file

a formal request for a hearing.

(b)  Without waiving any right to a formal hearing, an

individual may first seek to resolve the issue informally with the Board.

(c)  To request an administrative hearing, the individual

should submit a request to the Board.  That request should contain the

following information:

(1)           name and address of the petitioner;

(2)           a concise statement of the action taken by

the Board which is challenged;

(3)           a concise statement of the way in which the

petitioner has been aggrieved; and

(4)           a clear and specific statement of request

for a hearing.

(d)  A request for a hearing will be acknowledged promptly.

 

History Note:        Authority G.S. 90‑270.9; 150B‑38;

Eff. August 1, 1984;

Amended Eff. March 1, 1989.

 

 

 

21 NCAC 54 .2303             GRANTING OR DENYING HEARING REQUESTS

(a)  The Board will decide whether to grant a request for a

hearing at its next regularly scheduled meeting following receipt of the

request.

(b)  A denial of a request for a hearing will be issued promptly

following a decision.  Such denial shall contain a statement of the reasons

leading the Board to deny the request.

(c)  Approval of a request for a hearing will be signified

by the issuing of a notice as required by G.S. 150B‑38 and explained in Rule

.2304 of this Section.

 

History Note:        Authority G.S. 90‑270.9; 150B‑38;

Eff. August 1, 1984;

Amended Eff. August 1, 1987; January 1, 1986.

 

 

 

21 NCAC 54 .2304             NOTICE OF HEARING

In addition to the items specified in G.S. 150B‑38(b)

to be included in the notice, notices of administrative hearings of the Board

of Examiners of Practicing Psychologists:

(1)           shall give the name, position, address, and

telephone number of a member, employee, or agent of the Board to contact for

further information or discussion;

(2)           may give notice of the date and place for a

prehearing conference, if any;

(3)           shall inform the party or parties, other than the

Board, of the right to file a written response to the allegations in the notice

of hearing no later than ten days prior to any scheduled hearing date or within

such other time as may be set out in the notice; and

(4)           may include any other information deemed relevant

to informing the party or parties as to the procedure of the hearing.

 

History Note:        Authority G.S. 90‑270.9; 150B‑38;

Eff. August 1, 1984;

Amended Eff. March 1, 1989; September 1, 1988; August 1,

1987; January 1, 1986.

 

 

 

21 NCAC 54 .2305             WHO SHALL HEAR CONTESTED CASES

All administrative hearings will normally be heard by the

Board.

 

History Note:        Authority G.S. 90‑270.9; 150B‑40(b);

150B‑40(e);

Eff. August 1, 1984;

Amended Eff. January 1, 1986.

 

 

 

21 NCAC 54 .2306             PETITION FOR INTERVENTION

 

History Note:        Authority G.S. 90‑270.9; 150B‑38(f);

Eff. August 1, 1984;

Repealed Eff. March 1, 1989.

 

 

 

21 NCAC 54 .2307             TYPES OF INTERVENTION

(a)  Intervention of Right.  A petition to intervene of

right, as provided in the North Carolina Rules of Civil Procedure, Rule 24,

will be granted if the petitioner meets the criteria of that rule and his

petition is timely.  If allowing the petition would cause substantial prejudice

to the rights of the parties, substantial added expense or compellingly serious

inconvenience to the parties or the office of the Board, the petition to

intervene will be deemed untimely.

(b)  Permissive Intervention.  A petition to intervene

permissively as provided in the North Carolina Rules of Civil Procedure, Rule

24, will be granted if the petitioner meets the criteria of that rule and Board

determines that:

(1)           there is sufficient legal or factual

similarity between the petitioner's claimed rights, privileges, or duties and

those of the parties to the hearing; and

(2)           permitting intervention by the petitioner

as a party would aid the purpose of the hearing.

(c)  The Board may allow discretionary intervention, with

whatever limits and restrictions it deems appropriate.  Upon the filing of a

timely petition, discretionary intervention will be deemed advisable if:

(1)           the information the petitioner desires to

present is relevant and not repetitious or cumulative;

(2)           the petitioner would lend added impact to

the arguments of the parties.

 

History Note:        Authority G.S. 1A‑1, Rule 24; 90‑270.9;

150B‑38(f);

Eff. August 1, 1984.

 

 

 

21 NCAC 54 .2308             DISQUALIFICATION OF BOARD MEMBER

(a)  Self‑Disqualification of Board Member.  If for

any reason a Board member determines that personal bias or other factors render

him unable to conduct or participate in the hearing and perform all duties in

an impartial manner, he shall submit, in writing, to the Board, his

disqualification and the reasons.

(b)  Petition for Disqualification.  If for any reason any

party in a contested case believes that a Board member is personally biased or

otherwise unable to conduct or participate in the hearing and perform all

duties in an impartial manner, the party may file a sworn, notarized affidavit

with the Board.

(c)  Contents of Affidavit.  The affidavit must state all

facts the party deems relevant to the disqualification of a Board member.

(d)  Timeliness of Affidavit.  An affidavit of

disqualification will be considered timely if filed at least 10 days before

commencement of the hearing.  Any other affidavit will be considered timely

provided it is filed at the first opportunity after the party becomes aware of

the facts which give rise to a reasonable belief that a Board member may be

disqualified under this Rule.

(e)  Procedure for Determining Disqualification.

(1)           The chairperson of the Board may appoint a

member of the Board to investigate the allegations of the affidavit and report

his findings and recommendations to the Board.

(2)           The Board, with the advice of such

assistants as it deems appropriate, shall decide whether to disqualify the

challenged individual.

(3)           The person whose disqualification is to be

determined will not participate in the decision but will have the right to

furnish information to the Board.

(4)           A record of proceedings and the reasons for

decisions reached will be maintained as part of the contested case.

(f)  Disqualification or withdrawal of a Board member

because of personal bias or otherwise will not require the hearing to be

postponed unless a quorum is not available or the Board member disqualified is

the presiding officer and assignment of a new presiding officer would cause

substantial prejudice to any party.

 

History Note:        Authority G.S. 90‑270.9; 150B‑40(b);

Eff. August 1, 1984;

Amended Eff. March 1, 1989; January 1, 1986.

 

 

 

21 NCAC 54 .2309             FAILURE TO APPEAR

(a)  Should a party fail to appear at a scheduled hearing,

the Board may proceed with the hearing in the party's absence, order a

continuance or recess, or dismiss the proceeding.

(b)  Continuances will be granted only in compelling

circumstances. Usually only one such postponement will be allowed.

(c)  If a hearing is conducted or a decision is reached in

an administrative hearing in the absence of a party, or if a proceeding is

dismissed as to a party, that a party may file a written petition with the

Board for a reopening of the case.

(d)  Petitions for reopening a case will not be granted

except when the petitioner can show that the reasons for his failure to appear

were justifiable and unavoidable and that fairness requires reopening the case.

 

History Note:        Authority G.S. 90‑270.9; 150B‑40(a);

Eff. August 1, 1984;

Amended Eff. March 1, 1989; January 1, 1986.

 

 

 

21 NCAC 54 .2310             SIMPLIFICATION OF ISSUES

The parties to a contested case, specifically including the

Board, may agree in advance to simplify the hearing by: decreasing the number

of the issues to be contested at the hearing; accepting the validity of certain

proposed evidence; accepting the findings in some other case with relevance to

the case at hand; or agreeing to such other matters as may expedite the

hearing.

 

History Note:        Authority G.S. 90‑270.9; 150B‑40(c)(5);

Eff. August 1, 1984;

Amended Eff. March 1, 1989.

 

 

 

21 NCAC 54 .2311             SUBPOENAS

(a)  Subpoenas requiring the attendance of witnesses, or

those to produce documents, evidence, or things will be issued by the member of

the Board designated as presiding officer promptly following receipt of a

request from a party to the case for such subpoena.

(b)  Subpoenas shall be served (in any manner provided by

law) as the officer issuing the subpoena shall direct and as may be appropriate

to the circumstances of the case.  Subpoenas shall be issued in duplicate, with

a "Return of Service"  form completed and returned to the presiding

officer or the Board office.

(c)  Any person receiving a subpoena from the Board may

object thereto by filing a written objection to the subpoena with the Board at

its office.  Such objection must be filed within five days of receipt of the

subpoena or two days prior to the date on which the subpoena provides for

testimony to be taken or documents to be produced, whichever shall be sooner.

(d)  Such objection will include a concise, but complete,

statement of reasons why the subpoena should be revoked or modified.  These

reasons may include lack of relevancy of the evidence sought, lack of

particularity in the description of the evidence sought, or any other reason

sufficient in law for holding the subpoena invalid, such as that the evidence

is privileged, that appearance or production would be so disruptive as to be

unreasonable in light of the significance of the evidence sought, or other

undue hardships.

(e)  Any such objection to a subpoena must be served on the

party who requested the subpoena simultaneously with the filing of the

objection with the Board.

(f)  The party who requested the subpoena, in such time as

may be granted by the presiding officer, may file a written response to the objection. 

The written response shall be served by the requesting party on the objecting

witness simultaneously with filing the response with the Board.

(g)  After receipt of the objection and response thereto, if

any, the Board or the presiding officer shall issue a notice to the party who

requested the subpoena and the party who is challenging it, and may notify all

other parties, of an open hearing, to be scheduled as soon as practicable, at

which time evidence and testimony may be presented, limited to the narrow

questions raised by the objection and response, if any.

(h)  Promptly after the close of such hearing, the Board

will rule on the challenge and issue a written decision.  A copy of the

decision will be issued to all parties and made a part of the record.

(i)  Subpoenas shall contain: the caption of the case; the

name and address of the person subpoenaed; the date, hour and location of the

hearing in which the witness is commanded to appear; a particularized

description of the books, papers, records or objects the witness is directed to

bring with him to the hearing, if any; the identity of the party on whose

application the subpoena issued; the date of issue; the manuscript signature of

the presiding officer; and a "Return of Service."  The "Return

of Service" form, as filled out, shows the name and capacity of the person

serving the subpoena, the date on which the subpoena was delivered to the

person directed to make service, the date on which service was made, the person

on whom service was made, the location and manner in which service was made,

and the manuscript signature of the person making service.

 

History Note:        Authority G.S. 90‑270.9; 150B‑39(c);

Eff. August 1, 1984;

Amended Eff. March 1, 1989; January 1, 1986.

 

 

 

21 NCAC 54 .2312             FINAL DECISIONS IN ADMINISTRATIVE

HEARINGS

21 NCAC 54 .2313             OFFICIAL RECORD

 

History Note:        Authority G.S. 90‑270.9; 150A‑36;

150A‑37;

Eff. August 1, 1984;

Repealed Eff. January 1, 1986.

 

 

 

21 NCAC 54 .2314             PRESIDING OFFICER

Prior to designation of a presiding officer by the Board, or

if the presiding officer is unavailable or disqualifies himself, the

chairperson of the Board shall act as presiding officer for purposes of issuing

subpoenas, ordering the production of records, responding to motions for

continuances or extensions of time, controlling and ruling on issues

surrounding discovery, and otherwise acting on matters arising in connection

with a pending hearing.

 

History Note:        Authority G.S. 90‑270.9; 150B‑40(b),(c);

Eff. January 1, 1986.

 

 

 

 

SECTION .2400 ‑ RULEMAKING PROCEDURES

 

 

21 NCAC 54 .2401             PETITION FOR RULEMAKING HEARINGS

Any person wishing to submit a petition requesting the

adoption, amendment or repeal of a rule by the Board shall address a petition

to the Board.  The petition should include the following information:

(1)           an indication of the subject area to which the

petition is directed (for example:  "This is a petition to conduct

rulemaking to amend Section 21 NCAC 54 .2200 pertaining to Professional

Corporation");

(2)           either a draft of the proposed rule or a summary of

its contents;

(3)           reasons for the proposal;

(4)           the effect on existing rules;

(5)           any data supporting the proposal;

(6)           effect of the proposed rule on existing practices

in the area involved, including cost factors if available;

(7)           names of those most likely to be affected by the

proposed rule, with addresses if reasonably known; and

(8)           name(s) and address(es) of petitioner(s).

 

History Note:        Authority G.S. 90‑270.9; 150B‑11(1);

150B‑16;

Eff. June 1, 1988;

Amended Eff. March 1, 1989.

 

 

 

21 NCAC 54 .2402             DISPOSITION OF PETITION

(a)  The Board shall determine whether to grant the

petitioner's request.  Prior to making this determination, the Board's

chairperson or his/her designee may request additional information from the

petitioner(s), may contact interested persons likely to be affected by the

proposed rule and request comments, or may use any other appropriate method for

obtaining relevant information.  The chairperson or designee shall consider all

of the contents of the petition submitted plus any other information obtained

by the means described herein.

(b)  The chairperson or designee shall recommend to the

Board either the institution of rulemaking proceedings or the denial of the

petition, as the total information obtained suggests to be proper and in the

public interest.

 

History Note:        Authority G.S. 90‑270.9; 150B‑16;

Eff. June 1, 1988.

 

 

 

 

SECTION .2500 ‑ RULEMAKING HEARINGS

 

 

21 NCAC 54 .2501             REQUEST TO PARTICIPATE IN HEARING

(a)  Any person desiring to present oral data, views, or

arguments on a proposed rule should file a request to participate in a manner

such that the request will be received in the Board's office at least five days

prior to the rulemaking hearing.

(b)  The request to participate should contain a clear

reference to the proposed rule, a brief summary of the person's views with

respect thereto, and how long the person desires to speak.

 

History Note:        Authority G.S. 90‑270.9; 150B‑11(1);

150B‑12;

Eff. June 1, 1988;

Amended Eff. March 1, 1989.

 

 

 

21 NCAC 54 .2502             BOARD RESPONSE TO THE REQUEST TO

PARTICIPATE

Upon receipt of a request to participate in a rulemaking

hearing, the chairperson or his/her designee shall acknowledge receipt of the

request and inform the person of any limitations on oral presentations deemed

necessary for a full and effective public proceeding on the proposed rule.  In

general, each presentation will be limited to 15 minutes.

 

History Note:        Authority G.S. 90‑270.9; 150B‑11(1);

Eff. June 1, 1988.

 

 

 

21 NCAC 54 .2503             PRESENTATION OF ORAL COMMENT

(a)  The presiding officer shall create an agenda of members

of the public who have requested participation in the rulemaking hearing.

(b)  If time allows, the presiding officer shall permit

limited comment by attending members of the public who have not submitted

requests to participate.

(c)  Any person making an oral presentation is encouraged to

submit a written copy of the presentation to the chairperson, the presiding

officer, or a Board designee prior to or during the rulemaking hearing.

 

History Note:        Authority G.S. 90‑270.9; 150B‑11(1);

Eff. June 1, 1988.

 

 

 

21 NCAC 54 .2504             WRITTEN SUBMISSIONS

Any person may file a written submission containing data,

comments or arguments, for or against a rule, after publication of a notice of

rulemaking by the Board.  Written comments must be received in the Board's

office at least five days prior to the rulemaking hearing or delivered to the

Board at the rulemaking hearing or any meeting immediately preceding the

rulemaking hearing, unless a different period has been prescribed in the notice

or granted upon request.  Upon receipt of written comments, the Board shall

acknowledge the receipt in writing with an assurance that the comments therein

will be considered fully by the Board.

 

History Note:        Authority G.S. 90‑270.9; 150B‑11(1);

150B‑12;

Eff. June 1, 1988.

 

 

 

21 NCAC 54 .2505             POWERS AND DUTIES OF THE PRESIDING

OFFICER

Unless otherwise designated by the Board, the chairperson of

the Board shall act as presiding officer.  The presiding officer at the hearing

shall have complete control of the proceedings, including:  extensions of any

time requirements, recognition of speakers, time allotments for presentations,

direction of the discussion, and management of the hearing.  The presiding

officer, at all times, will take care that each person participating in the

hearing is given a fair opportunity to present views, data, and comments.

 

History Note:        Authority G.S. 90‑270.9; 150B‑11(1);

150B‑12;

Eff. June 1, 1988.

 

 

 

 

SECTION .2600 ‑ DECLARATORY RULINGS

 

 

21 NCAC 54 .2601             REQUEST FOR DECLARATORY RULING

(a)  All requests for declaratory rulings shall be written

and mailed to the North Carolina State Board of Examiners of Practicing

Psychologists at the address shown in Rule .1602 of this Chapter.

(b)  Each Request for Declaratory Ruling must include the

following information:

(1)           name and address of the persons requesting

the ruling;

(2)           the statute or rule to which the request

relates;

(3)           a concise statement of the manner in which

the requesting person is aggrieved by the rule or statute or its potential

application to him/her; and

(4)           a statement whether an oral hearing is

desired and, if so, the reason therefor.

 

History Note:        Authority G.S. 90‑270.9; 150B‑11(1);

150B‑17;

Eff. June 1, 1988.

 

 

 

21 NCAC 54 .2602             DISPOSITION OF REQUEST

(a)  Upon receipt of a Request for Declaratory Ruling, the

Board shall determine whether a ruling is appropriate under the facts stated.

(b)  When the Board determines for good cause that the

issuance of a declaratory ruling is inappropriate, it shall notify, in writing,

the person requesting the ruling, stating the reasons for the denial of the

request.

(c)  Prior to issuing a declaratory ruling, the Board may

give notice of the declaratory proceedings to any persons it deems appropriate

and may direct that fact ‑ finding proceedings appropriate to the

circumstances of the particular request be conducted by Board employees or

agents.  The proceedings may consist of written submissions, an oral hearing,

or other appropriate procedures.  Any proceedings conducted by the Board shall

be scheduled to provide the desired facts so that the declaratory ruling may be

issued within 60 days from receipt of the Request for Declaratory Ruling.

 

History Note:        Authority G.S. 90‑270.9; 150B‑11(1);

150B‑17;

Eff. September 1, 1988;

Amended Eff. March 1, 1989.

 

 

 

 

SECTION .2700 ‑ HEALTH SERVICES PROVIDER CERTIFICATION

 

21 NCAC 54 .2701             ACTIVITIES

(a)  Health services in psychology include services provided

directly to clients/patients or groups of clients/patients. Such services

include the following:

(1)           the diagnosis, evaluation, treatment,

remediation, and prevention of:

(A)          mental, emotional, and behavioral disorder;

(B)          substance abuse and dependency; and

(C)          psychological aspects of physical illness, accident,

injury, and disability.

(2)           psychotherapy, counseling,

psychoeducational, and neuropsychological services related to services

described in Subparagraph (a)(1) of this Rule;

(3)           psychological assessment and report

writing, including scoring of test protocols;

(4)           documentation of services provided to clients/patients

(e.g., progress or process notes, clinical entries in records);

(5)           collateral contacts by a psychologist with

family members, caretakers, and other individuals for the purpose of benefiting

a client/patient of that psychologist; and

(6)           consultation with other professionals in

service to the psychologist's clients/patients.

(b)  Health services in psychology do not include the

following:

(1)           supervision of other professionals who

provide health services to clients/patients;

(2)           psychoeducational instruction to

individuals who are not identified clients/patients of the psychologist

providing such instruction;

(3)           career counseling, to include assessment of

interests and aptitudes;

(4)           vocational and educational guidance;

(5)           the teaching of psychology;

(6)           the conduct of psychological research and

the provision of psychological services or consultations to organizations or

institutions, except when such activities involve the delivery of direct health

services to individuals or groups of individuals who are themselves the

intended beneficiaries of such services; or

(7)           administrative tasks associated with the

delivery of health services, (e.g., billing and insurance communications).

 

History Note:        Authority G.S. 90-270.2(4); 90-270.2(8); 90-270.9;

Temporary Adoption Eff. April 20, 1994 for a period of

180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. July 1, 1994;

Amended Eff. July 1, 2009.

 

21 NCAC 54 .2702             REQUIREMENTS BEFORE JUNE 30, 1994

 

History Note:        Temporary Adoption Eff. April 20, 1994

for a period of 180 days or until the permanent rule becomes

effective, whichever is sooner;

Authority G.S. 90‑270.9; 90‑270.20(e)(f);

Temporary Adoption Expired Eff. July 1, 1994.

 

 

 

21 NCAC 54 .2703             DISPLAY OF CERTIFICATE

A health services provider certificate shall be displayed in

close proximity to a licensee's licensure certificate in his/her principal

place of employment and in a place that is visible to the licensee's served clientele.

 

History Note:        Authority G.S. 90‑270.9; 90‑270.20;

Eff. July 1, 1994.

 

 

 

21 NCAC 54 .2704             HSP‑P REQUIREMENTS

(a)  To be certified as a health services provider

psychologist (HSP-P), a licensed psychologist holding permanent North Carolina

licensure shall be qualified by education as defined in Paragraph (b) of this

Rule and shall have completed two years of supervised experience, of which at

least one year shall be post‑doctoral.  These two years of experience

shall meet the criteria specified in Paragraphs (c) and (d) of this Rule, or in

Paragraph (e) of this Rule.  An applicant shall submit a completed, notarized

application form and provide documentation of meeting health services provider

requirements.

(b)  An applicant shall demonstrate that he/she is qualified

by education to provide health services by meeting one of the following

criteria:

(1)           is currently approved for listing, or is

currently listed, in the National Register of Health Service Providers in

Psychology;

(2)           is a diplomat in good standing of the

American Board of Professional Psychology in a health services specialty area;

(3)           is a graduate from a doctoral program which

was accredited at the time of the applicant's graduation by the American

Psychological Association in Clinical Psychology, Counseling Psychology, School

Psychology, or Combined Professional‑Scientific Psychology; or

(4)           has an academic foundation in the provision

of health services as defined in Rule .2701(a) of this Section which meets the

following requirements:

(A)          The applicant's doctoral program, or formal

postdoctoral program of re-specialization, in psychology shall be an organized

training program which has established a clear intent, through the structure of

the program and in institutional publications, to train individuals to provide

health services in psychology as defined in G.S. 90-270.2(4) and Rule .2701(a)

of this Section.

(B)          Within the applicant's doctoral training program, or

formal postdoctoral program of re-specialization, in health services in

psychology, course work shall have been completed in the areas of assessment, diagnosis,

intervention, and psychopathology.  The applicant shall further establish that

he or she has completed relevant course work that has provided training in

diagnosis, evaluation, treatment, remediation, or prevention of one or more of

the following areas:

(i)            mental, emotional, and behavioral disorder,

disability, and illness;

(ii)           substance abuse;

(iii)          habit and conduct disorder; or

(iv)          psychological aspects of physical illness,

accident, injury, and disability.

(C)          Pursuant to final Board approval, an applicant shall

be considered to have been trained in the provision of health services in

psychology if the applicant establishes that requirements set forth in Parts

(b)(4)(A) and (b)(4)(B) of this Rule have been met through a doctoral program, or

formal postdoctoral program of re-specialization, in any one of the following

areas of specialization in psychology:  applied behavior analysis in

psychology, applied developmental psychology, clinical psychology, counseling

psychology, rehabilitation psychology, or school psychology.

(D)          An applicant who holds a doctoral degree in

psychology, who applies for licensure as a Licensed Psychologist, and who holds

a master's or specialist degree in psychology that provides training in the

provision of health services shall not be eligible for HSP-P certification if

the applicant's doctoral program, or formal postdoctoral re-specialization

program, in psychology does not also provide training in the provision of

health services as set forth in Parts (b)(4)(A) and (b)(4)(B) of this Rule.  If

the applicant has a doctoral degree in an area of psychology that does not

provide training in the provision of health services, that applicant shall not

be eligible for HSP-P certification even if the applicant establishes that

course work in the areas listed in Part (b)(4)(B) was completed or if the

applicant has completed an applied training experience (i.e., practicum,

internship, residency, postdoctoral fellowship, etc.) in the provision of

health services without having completed a planned and directed doctoral or

formal postdoctoral training program in health services in psychology.

(E)           An applicant who has completed a doctoral program

that establishes in institutional publications an intent to train individuals

for careers in administration, research, teaching, academia, and other areas

not involving training in the provision of health services in psychology shall

not be considered to have been provided an academic foundation in the provision

of health services and shall not be approved for HSP-P certification.

(F)           Only that course work taken at an institution of

higher education as defined in G.S. 90-270.2(5) shall be considered by the

Board to establish that an applicant has an academic foundation in the

provision of health services.

(c)  Except as provided in Paragraph (e) of this Rule, an

applicant shall demonstrate one year of supervised experience which meets the

following requirements for an organized health services training program:

(1)           The training shall be a planned and

directed program in the provision of health services, in contrast to "on

the job" training, and shall provide the trainee with a planned,

programmed sequence of training experience.

(2)           The training site shall have a written

statement or brochure which describes its training program and is made

available to prospective trainees.

(3)           Trainees shall be designated as

"interns," fellows," or "residents," or hold other

designation which clearly indicates training status.

(4)           The training shall be completed within 24

months.

(5)           The training shall consist of at least 1500

hours of practice.

(6)           At least 25% of the training shall be spent

in the provision of direct health services, as defined in Rule .2701(a) of this

Section, to patients or clients seeking assessment or treatment.

(7)           Up to 25% of the training may be comprised

of research activities.

(8)           There shall be a minimum of two doctorally

trained licensed, certified, or license eligible psychologists at the training

site as supervisors who have ongoing contact with the trainee.

(9)           The training shall be under the direction

of a licensed, certified, or license eligible doctorally trained psychologist

who is on the staff of the training site, who approves and monitors the

training, who is familiar with the training site's purposes and functions, who

has ongoing contact with the trainee, and who agrees to assume responsibility

for the quality, suitability, and implementation of the training experience.

(10)         The training shall provide a minimum of two

hours per week of individual face‑to‑face discussion of the

trainee's practice, with the specific intent of overseeing the health services

rendered by the trainee.  Supervision may be provided in part by psychiatrists,

social workers, or other mental health professionals qualified by the training

site, but at least 50 percent of supervision shall be provided by licensed,

certified, or license‑eligible doctorally trained psychologists.

(11)         In additional to individual supervision, the

training site shall provide a minimum of two hours per week of instruction

which may be met by group supervision, assigned reading, seminars, and

similarly constituted organized training experiences.

This specified year of supervised experience may be obtained

at a predoctoral level, provided that an additional year of supervised

experience as defined in Paragraph (d) of this Rule is obtained at a post‑doctoral

level.  Internships accepted for listing in the National Register of Health

Service Providers in Psychology and internships accredited by the American

Psychological Association in Clinical Psychology, Counseling Psychology, or

School Psychology shall be deemed to meet the requirements in this Paragraph.

(d)  An applicant shall demonstrate one year of supervised

experience which meets the following requirements:

(1)           The experience shall consist of a minimum

of one calendar year and include 1500 hours of supervised experience.

(2)           The experience shall be completed within a

consecutive four‑year period.

(3)           The supervision shall be for the direct

provision of health services in psychology, as defined in Rule .2701(a) of this

Section, by the applicant to individuals or groups of clients/patients.

(4)           At least one hour per week of formal, face‑to‑face,

individual supervision shall have been provided, except that individual

supervision provided up until January 1, 1996, may have been provided in two,

two‑hour sessions per month.

(5)           The supervisor shall have been an

appropriately licensed or certified psychologist, whose license or certificate

was in good standing, in the state where the practice occurred.

(6)           The supervisor, at the time of supervision,

shall not have been in a dual relationship with the supervisee, e.g., spouse,

other close relative, close personal friend, or therapist.

This specified year of supervised experience may be obtained

at a predoctoral level, provided that an additional year of supervised

experience as defined in Paragraph (c) of this Rule is obtained at a post‑doctoral

level.

(e)  An applicant who holds a provisional license as a

Licensed Psychologist in North Carolina on the effective date of this Rule

shall not be required to have had one year of supervised experience which meets

the requirements of an organized health services training program as specified in

Paragraph (c) of this Rule, but shall have completed two years of supervised

experience, of which at least one year shall be post‑doctoral, as defined

in Paragraph (d) of this Rule.

(f)  An applicant who documents that he/she meets any one of

the following criteria shall be deemed to meet all requirements of this Rule

for certification as a health services provider psychologist (HSP‑P): 

(1)           is currently approved for listing, or is

currently listed, in the National Register of Health Service Providers in

Psychology;

(2)           is a diplomate in good standing of the

American Board of Professional Psychology in Clinical Psychology, Counseling

Psychology, or School Psychology;

(3)           is a graduate from a doctoral program which

was accredited at the time of the applicant's graduation by the American

Psychological Association in Clinical Psychology, Counseling Psychology, School

Psychology, or Combined Professional‑Scientific Psychology and which

included an internship accredited by the American Psychological Association,

and who completes a postdoctoral year of supervised experience as defined in

either Paragraph (c) or (d) of this Rule;

(4)           is a graduate from a doctoral program which

was fully accredited at the time of the applicant's graduation by the American

Psychological Association in School Psychology and which included an internship

meeting the guidelines of the Council of Directors of School Psychology

Programs as documented by the program chair, and who completes a postdoctoral

year of supervised experience as defined in either Paragraph (c) or (d) of this

Rule;

(5)           is a graduate who received a doctoral

degree prior to 1979 from a program which included course work which

demonstrates an academic foundation in the provision of health services as

defined in Rule .2701(a) of this Section, and which included the equivalent of

a one year supervised internship in an American Psychological Association

accredited program providing health services, in a Veterans Administration

setting providing health services, or at a site providing health services which

was specifically acceptable to the applicant's doctoral training program, and

who completes a postdoctoral year of supervised experience as defined in either

Paragraph (c) or (d) of this Rule; or

(6)           is approved for licensure under senior

psychologist requirements specified in 21 NCAC 54 .1707 and demonstrates that

at least 25 percent of his/her qualifying practice has been in the provision of

direct health services, as defined in Rule .2701(a) of this Section.

(g)  An applicant applying under Subparagraph (f)(1) of this

Rule, and who has not yet been approved for listing in the National Register of

Health Service Providers in Psychology, shall be permitted to file an affidavit

verifying that he/she qualifies for listing in the Register.  Upon receipt of

this affidavit, the Board may issue a health services provider certificate,

conditioned upon receipt of a letter from the Register within 60 days of

receipt of the affidavit which confirms approval for, or listing in, the Register. 

An extension of the 60 days may be granted upon showing that additional time is

needed for application review by the National Register of Health Service

Providers.

(h)  An applicant for health services provider certification

who knowingly provides false or fraudulent information to the Board with

respect to his/her application, or who fails to provide the notification from

the National Register of Health Service Providers in Psychology where required,

shall be subject to disciplinary action by the Board, including revocation of

licensure and the health services provider certificate.

 

History Note:        Temporary Adoption Eff. December 19, 1994

for a period of 180 days or until the permanent rule becomes effective,

whichever is sooner;

Authority G.S. 90‑270.9; 90‑270.15(a)(3); 90‑270.15(a)(22);

90‑270.20(b);

RRC Objection due to lack of statutory authority Eff. May

18, 1995;

Eff. June 21, 1995;

Amended Eff. August 1, 2000; August 1, 1996; January 1,

1996.

 

21 NCAC 54 .2705             HSP‑PP REQUIREMENTS

(a)  To be certified as a health services provider

psychologist (HSP-PP), a licensed psychologist holding provisional North

Carolina licensure shall be qualified by education.  An applicant shall submit

a completed, notarized application form and provide documentation of meeting

health services provider requirements.

(b)  An applicant shall demonstrate that he/she is qualified

by education to provide health services by meeting one of the criteria defined

in Rule .2704(b) of this Section.

 

History Note:        Temporary Adoption Eff. December 19, 1994

for a period of 180 days or until the permanent rule

becomes effective, whichever is sooner;

Authority G.S. 90‑270.9; 90‑270.20(d);

RRC Objection due to lack of statutory authority Eff. May

18, 1995;

Eff. June 21, 1995;

Amended Eff. January 1, 1996.

 

 

 

21 NCAC 54 .2706             HSP-PA REQUIREMENTS

(a)  To be certified as a health services provider

psychological associate (HSP-PA), a North Carolina licensed psychological

associate shall be qualified by education.  An applicant shall submit a

completed, notarized application form and provide documentation of meeting

health services provider requirements.

(b)  An applicant shall demonstrate that he/she holds a

master's, specialist, or doctoral degree which provides an academic foundation

in the provision of health services as defined in Rule .2701(a) of this Section

and which meets the following requirements:

(1)           The master's, specialist, or doctoral program

in psychology shall be an organized training program which has established a

clear intent, through the structure of the program and in institutional

publications, to train individuals to provide health services in psychology as

defined in G.S. 90-270.2(4) and Rule .2701(a) of this Section.

(2)           Within the applicant's training program in

health services in psychology, course work shall have been completed in the

areas of assessment, diagnosis, intervention, and psychopathology.  The

applicant shall further establish that he or she has completed relevant course

work that has provided training in diagnosis, evaluation, treatment,

remediation, or prevention of one or more of the following areas:

(A)          mental, emotional, and behavioral disorder,

disability, and illness;

(B)          substance abuse;

(C)          habit and conduct disorder; or

(D)          psychological aspects of physical illness, accident,

injury, and disability.

(3)           Pursuant to final Board approval, an

applicant shall be considered to have been trained in the provision of health

services in psychology if the applicant establishes that requirements set forth

in Subparagraphs (b)(1) and (b)(2) of this Rule

have been met through a master's, specialist, or doctoral degree program in

psychology in any one of the following areas of specialization in psychology: 

applied behavior analysis in psychology, applied developmental psychology,

clinical psychology, counseling psychology, rehabilitation psychology, school

psychology, health psychology, or substance abuse treatment

psychology.

(4)           If the applicant is unable to establish

that he or she has a master's, specialist, or doctoral degree from a program in

psychology that provides training in the provision of health services, the

applicant shall not be eligible for HSP-PA certification. This shall apply even

if the applicant establishes that course work in the areas listed in

Subparagraph (b)(2) of this Rule was completed or if the applicant has

completed an applied training experience (i.e., practicum, internship, residency,

postdoctoral fellowship, etc.) in the provision of health services without

having completed a planned and directed training program in health services in

psychology.

(5)           An applicant who has completed a program in

psychology that establishes in institutional publications an intent to train

individuals for careers in administration, research, teaching, academia, and

other areas not involving training in the provision of health services in

psychology shall not be considered to have been provided an academic foundation

in the provision of health services and shall not be approved for HSP-PA

certification.

(6)           Only course work taken at an institution of

higher education as defined in G.S. 90-270.2(5) shall be considered by the

Board to establish that an applicant has an academic foundation in the

provision of health services.

(7)           Applicants for HSP-PA who received their

degrees during or after 1997 shall document that their degree program included

an internship, externship, practicum, or supervised field experience at a site

providing health services.  This supervised training experience shall meet all of

the following criteria:

(A)          It shall be a planned and directed program of

training in health services, in contrast to on‑the‑job training,

and shall provide the trainee with a planned and directed sequence of training

integrated with the educational program in which the student is enrolled.  This

supervised training experience shall be planned by the educational program

faculty and training site staff rather than by the student.

(B)          The supervised training experience shall have a

written description detailing the program of training, or a written agreement,

developed prior to the time of the training, between the student's educational

program and the training site.  Such an agreement shall be approved by the

student's educational program prior to the beginning of the supervised training

experience.

(C)          The supervised training experience site shall have a

designated and appropriately licensed or certified psychologist or

psychological associate responsible for the integrity and quality of the

supervised training experience.

(D)          A student enrolled in a supervised training

experience shall be designated as any of the following:  an "intern,"

"extern," or "practicum student," or shall hold a title

which indicates training status for the practice of psychology and provision of

heath services.

(E)           The supervised training experience shall be a

minimum of 12 weeks consisting of at least 500 hours of supervised training.  At

least 400 hours of the training shall be in the provision of health services as

defined by G.S. 90-270.2(4) and Rule .2701(a) of this Section.

(F)           The supervised training experience shall be

completed within a period of 12 consecutive months at not more than two

training sites.

(G)          Except as provided in Part (b)(7)(H) of this Rule,

regularly scheduled individual face-to-face supervision with the specific

intent of overseeing the provision of health services shall be provided by a

North Carolina licensed or certified psychologist or psychological associate or

by a psychologist who is exempt from  licensure, pursuant to G.S. 90-270.4(b),

at a rate of not less than one hour per week during at least 12 separate weeks

of the supervised training experience.  The supervisor shall establish and

maintain a level of supervisory contact consistent with professional standards

and shall be accessible to the student.

(H)          If completing a supervised training experience

outside of North Carolina, the student shall be provided regularly scheduled

individual face-to-face supervision with the specific intent of overseeing the

provision of health services by a licensed or certified psychologist or

psychological associate or by an individual holding a master's, specialist, or

doctoral degree in psychology, at a rate of not less than one hour per week

during at least 12 separate weeks of the supervised training experience.  The

supervisor shall establish and maintain a level of supervisory contact

consistent with professional standards and shall be accessible to the student. 

Proof of the supervisor's license or degree program, as applicable, may be

required by the Board to establish the supervisor's training in psychology.

(c)  An applicant who is approved for licensure as a Psychological

Associate under senior psychologist requirements specified in 21 NCAC 54 .1707

and demonstrates that at least 25 percent of his/her qualifying practice has

been in the provision of direct health services, as defined in Rule .2701(a) of

this Section, shall be deemed to meet all requirements of this Rule for

certification as a health services provider psychological associate (HSP‑PA).

 

History Note:        Authority G.S. 90‑270.9;

90-270.13(c); 90‑270.20(c);

Temporary Adoption Eff. December 19, 1994 for a period of

180 days or until the permanent rule becomes effective, whichever is sooner;

RRC Objection due to lack of statutory authority Eff. May

18, 1995;

Eff. June 21, 1995;

Amended Eff. March 1, 2008; August 1, 2000; August 1,

1996; January 1, 1996.

 

SECTION .2800 - ANCILLARY SERVICES

 

21 NCAC 54 .2801             SCOPE

(a)  Pursuant to G.S. 90-270.21, licensed psychologists

(provisional and permanent), licensed psychological associates, or temporary

licensees, all of whom shall be identified as "psychologists" under

G.S. 90-270.2(9), may employ or supervise unlicensed individuals to provide

ancillary services.  The psychologist shall, at all times, retain full

professional responsibility for the quality of the services rendered and for

the effects of the services upon the client, patient, or other individuals. 

This responsibility for the quality of services delivered by supervisees and

for the welfare of the client or patient shall be no different than if the

psychologist had provided the services in person.  The psychologist shall have

had face-to-face contact during the course of services with all patients,

clients, or other recipients of services who are provided ancillary services by

unlicensed persons as part of the psychologist’s services.

(b)  Ancillary services shall be considered to be only those

activities which an individual shall engage in for the purpose of providing

assistance to a psychologist in providing psychological services to patients,

clients, and their families.  Not included as ancillary services are those

clerical and administrative services which are not directly related to

assisting a psychologist in the provision of psychological services.

(c)  Failure of any psychologist to train ancillary services

personnel, to ensure that training has occurred, or to supervise ancillary

services personnel may subject that psychologist to disciplinary action

pursuant to G.S. 90-270.15(a).

(d)  The Board shall have the authority to restrict or

revoke a psychologist's privilege to utilize unlicensed individuals to provide

ancillary services for the following reasons:

(1)           evidence that the psychologist is not

competent to supervise ancillary services personnel;

(2)           evidence that the psychologist has failed

to adhere to legal or ethical standards;

(3)           evidence that there is a lack of congruence

between the psychologist's training, experience, and area of practice and the

ancillary services personnel's area(s) of practice;

(4)           evidence that the psychologist has a

license against which disciplinary or remedial action has been taken; or

(5)           evidence that an unlicensed person in the

psychologist's employment or under the psychologist's supervision has violated

any provision of G.S. 90-270.15(a), which would otherwise apply to licensed

individuals.

 

History Note:        Authority G.S. 90-270.9; 90-270.21;

Eff. April 1, 2003.

 

21 NCAC 54 .2802             TITLES

Titles of individuals providing ancillary services shall not

indicate either that these individuals are licensed or trained in psychology or

that the individuals are providing services defined as the practice of

psychology in G.S. 90-270.2(8).  Unlicensed individuals providing ancillary

services shall not use any title incorporating the words

"assessment," "associate," "clinical,"

"counseling," "diagnostic," "evaluation,"

"examiner," "psychologic," "psychological,"

"psychologist," "psychology," or derivatives of such. 

Examples of titles that unlicensed individuals may use include

"aide," "assistant," "behavioral,"

"testing," "technician," "psychometrist," or

derivatives of these titles.

 

History Note:        Authority G.S. 90-270.9; 90-270.21;

Eff. April 1, 2003.

 

21 NCAC 54 .2803             EMPLOYMENT AND SUPERVISION OF

UNLICENSED INDIVIDUALS

(a)  Any psychologist who employs or supervises unlicensed

individuals who provide ancillary services as specified in Rule .2801 of this

Section shall maintain documentation of the relationship between the

psychologist and the unlicensed individual beginning with the date upon which

the relationship is initiated.  Written documentation that includes the

responsibilities of both parties shall be maintained by the licensee.  Except when

prevented from doing so by circumstances beyond the psychologist's control, the

psychologist shall maintain documentation of the relationship with the

unlicensed individual for a minimum of seven years after the termination of the

relationship and shall present the documentation to the Board upon written

request.  If the unlicensed individual is supervised by more than one

psychologist, there shall be a psychologist appointed to have primary

responsibility for the coordination of and provision of ancillary services by

the unlicensed individual.  The appointed psychologist shall have

responsibility for clinical record keeping with regard to the ancillary

services provided by the unlicensed individual.  Any psychologist

supervising or employing persons who provide ancillary services shall

not submit records regarding ancillary services personnel to the Board unless

ordered to do so pursuant to G.S. 90-270.9.

(b)  The psychologist shall be competent to render all

ancillary services specified in Rule .2801 of this Section that the employee or

supervisee shall render.  However, supervision may be delegated to other

psychologists affiliated with the employment setting whose competence in the

delegated areas has been demonstrated by previous education, training, and

experience.

(c)  Any psychologist who employs or supervises individuals

to provide ancillary services shall be accessible at all times, either on-site

or through electronic communication, and shall be available to render

assistance when needed to the unlicensed individual and patient or client, or

shall have arranged for another psychologist to be accessible and available in

the absence of the supervising psychologist.  Psychologists shall meet with all

unlicensed individuals whom they supervise to the extent necessary to provide

supervision for the activities in which the unlicensed individual is engaged. 

The psychologist shall maintain documentation of supervisory sessions,

including dates, appointment times, and length of time of each supervision session,

for a period of at least seven years following the termination of ancillary

services by ancillary services personnel.

 

History Note:        Authority G.S. 90-270.9; 90-270.21;

Eff. April 1, 2003.

 

21 NCAC 54 .2804             QUALIFICATIONS AND TRAINING

(a)  Prior to the provision of ancillary services by an

unlicensed individual, the psychologist supervising or employing the individual

shall provide training in and establish that the individual has knowledge and

understanding of legal and ethical requirements for maintaining

confidentiality, exceptions to confidentiality including mandated reporting of

suspected abuse or neglect, and professional ethics, and shall ensure that

documentation is maintained in writing that the individual is trained in the

aforementioned areas.  Documentation of training shall include the date(s) on

which training occurred, the purpose of the training, the identity of the

individual(s) providing the training, and the total number of hours of training

for each date on which the training occurred.  Training in professional ethics

shall include applicable areas of the Code of Conduct contained in the North

Carolina Psychology Practice Act at G.S. 90-270.15(a).  Documentation of qualifications

and training that occurred prior to the effective date of this Rule shall not

be required for ancillary services personnel who were employed prior to the

effective date of this Rule and who continue in the same ancillary services

position with the same agency or practice.  Training occurring for any

ancillary services personnel after the effective date of this Rule shall be

documented as described in this Rule.

(b)  Any psychologist supervising or employing an unlicensed

individual to provide ancillary services shall provide instruction in and

establish that the individual shall have received training sufficient to

perform the activities delegated to the unlicensed individual, or otherwise

shall ensure that  documentation is maintained in writing that the individual

is trained to perform the activities.  The psychologist shall maintain

documentation of the employee's or supervisee's training for at least seven

years following the termination of ancillary services by ancillary services

personnel.

(c)  A psychologist shall not employ or supervise

individuals to provide ancillary services who have previously been licensed or

certified to practice psychology who have relinquished their licenses or

certification or who have had their licenses or certification restricted,

suspended, or revoked by the Board in North Carolina or any other jurisdiction.

 

History Note:        Authority G.S. 90-270.9; 90-270.21;

Eff. April 1, 2003.

 

21 NCAC 54 .2805             SERVICES APPROPRIATE FOR ANCILLARY

SERVICES PERSONNEL

(a)  Clerical functions requiring a minimum of judgment are

appropriate activities in which unlicensed individuals may engage.  Examples of

these activities include responding to telephone inquiries, scheduling

appointments, filing insurance claims, typing psychological reports, and

completing data entry of test results after a patient or client has responded

to such items as questionnaires, forms, etc.  These activities shall be appropriate

for ancillary services personnel to provide under the supervision of a

psychologist.  A psychologist who employs or supervises unlicensed individuals

to provide only the services described in this Paragraph shall otherwise be

exempt from the requirements of Rule .2803, Paragraph (a) of this Section as to

these unlicensed individuals.

(b)  Tasks requiring technical skills, training and judgment

during execution are appropriate activities in which unlicensed individuals may

engage.  Examples of these activities include obtaining demographic histories;

implementing biofeedback techniques; administering and scoring specific parts

of psychological tests, including neuropsychological tests, which are scored on

a pass/fail, multiple choice, or true/false basis, or for which scores are

based on speed or quantity of performance; administering intelligence tests and

other psychological tests to an individual in which the patient or client's

performance may alter the length of the protocol, require adjustment of the

number of items administered, or require that a decision be made to probe a

response of the patient or client provided that ancillary services personnel

have been deemed by the licensee to have met the training requirements of the

test publisher;  and implementing specific behavioral interventions that are

part of a detailed treatment plan.  A psychologist may delegate such technical

tasks to an unlicensed individual upon determining that the tasks can be

performed, given the client or patient's characteristics and circumstances, in

a manner consistent with the unlicensed individual's training and skills.  A

psychologist who employs or supervises unlicensed individuals to provide the

services described in this Paragraph shall comply with documentation and

supervision requirements specified in Rule .2803 of this Section.

(c)  Pursuant to G.S. 90-270.15(a)(17), a dated entry shall

be made in the patient or client's records at any time that an ancillary

service is provided at the request or direction of the licensee.  This

requirement shall include all ancillary services provided and billed to a third

party or paid by the patient or client to the licensee and all ancillary

services for which there is no charge.  Unlicensed individuals providing

ancillary services who make clinical record entries regarding services they

provide shall sign such entries and indicate their titles under Rule .2802 of

this Section as providers of ancillary services.  The psychologist shall ensure

that case notes, financial statements, and other records of services identify

whether the psychologist or the unlicensed individual was the direct provider

of the service.

 

History Note:        Authority G.S. 90-270.9; 90-270.21;

Eff. April 1, 2003.

 

21 NCAC 54 .2806             SERVICES NOT APPROPRIATE FOR

UNLICENSED INDIVIDUALS

Individuals providing ancillary services shall not engage in

tasks involving judgment during the execution of those services when training

in the foundation of psychology for the level of judgment is characteristically

based on academic preparation at the master's, specialist, or doctoral level in

psychology.  Examples of these activities include administration of projective

techniques; psychological evaluation report writing; and all forms of

diagnostic interviewing, counseling, and psychotherapy.  Psychological test

results shall not, under any circumstances, be interpreted by ancillary

services personnel to recipients of services or their duly designated

representative(s).

 

History Note:        Authority G.S. 90-270.9; 90-270.21;

Eff. April 1, 2003.