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Repealed Eff.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Repealed Eff.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Repealed Eff.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Repealed Eff.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Repealed Eff.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Repealed Eff.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.
