Psychologists (216-RICR-40-05-15)


216-RICR-40-05-15 ACTIVE RULE

15.1 Authority

These regulations are promulgated pursuant to the authority conferred under R.I. Gen. Laws § 5-44-6 for the purpose of adopting prevailing standards for licensing psychologists in Rhode Island.

15.2 Definitions

A. Whenever used in this Part the following terms shall be construed as follows:

1. "Act" means R.I. Gen. Laws Chapter 5-44, entitled "Psychologists".

2. "Board" means the Board of Psychology within the Rhode Island Department of Health, established pursuant to the provisions of R.I. Gen. Laws § 5-44-3.

3. “Department” means the Rhode Island Department of Health.

4. "Director" means the Director of the Rhode Island Department of Health.

5. “Distance learning programs” means a type of education in which the components of psychological instruction, supervision, or consultation do not take place in residence and/or do not provide face-to-face contact with program faculty and students at an educational institution.

6. "Education" means the academic program pursued by the person in obtaining the doctoral degree, that program to include formal course work, seminars and practical.

7. “In residence” means on the premises at an educational institution with direct face-to-face contact with program faculty and students.

8. "Internship" means the one (1) year of supervised experience usually obtained at the pre-doctoral level.

9. "Licensed psychologist" means a person who has been licensed for the practice of psychology according to the provisions of the Act.

10. “Live hours” means hours of continuing education acquired through attendance or participation at programs that provide for direct interaction between faculty and participants and may include lectures, symposia, live teleconferences or workshops.

11. "Practice of psychology" means the rendering of professional, psychological services to individuals, groups, families, or any public or private organization for remuneration. “Professional psychological services” means the application of established psychological principles, methods, or procedures for the purpose of preventing or eliminating symptomatic, maladaptive or undesired behavior and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, and mental health. The practice of psychology includes, but is not limited to:

a. Diagnosis and treatment of emotional, mental or behavioral dysfunction, disorder or disability, alcoholism and substance abuse disorders of habit or conduct, as well as of the psychological aspects of physical illness, accident, injury or disability;

b. Psychological testing and evaluation of intelligence, personality, abilities, interests, aptitudes and neuropsychological functioning;

c. Psychoeducation evaluation, therapy, remediation and consultation;

d. Counseling, psychotherapy, psychoanalysis, hypnotherapy, biofeedback and behavior analysis and therapy.

12. "Psychology student", "Psychology trainee", or “Psychology intern” means a student, intern or other person studying or preparing for the profession of psychologist under the supervision of recognized educational or training institutions or facilities.

13. "Regionally accredited" means the official guarantee that a college or university is in conformity with the standard of education prescribed by a regional accrediting commission recognized by the U.S. Commissioner of Education.

14. "Supervised experience" means the practical application of principles, methods and procedures of the science of psychology in accordance with the requirements of § 15.6(A)(2) of this Part.

15. "Training" means the pre-professional or professional supervised experience received by the person at the pre- or post-doctoral level that experience to have been obtained in an internship, clinic, or other similar professional setting.

15.3 Licensing Requirement

A. It shall be unlawful for any person, including psychology trainee or student, to represent himself or herself as a licensed psychologist or to use any description of services, including the terms "psychology" and "psychological", or any title, abbreviation, sign, card or device to indicate that such a person is a psychologist, unless such a person has been duly licensed pursuant to the provisions of the Act and this Part, except those exempted pursuant to R.I. Gen. Laws § 5-44-23 of the Act.

B. It shall further be unlawful for any person to offer services to the public or to render to individuals or groups of individuals services defined as the practice of psychology, as defined in this Part, unless that person is licensed pursuant to the provisions of the Act, or falls within an exemption provided by R.I. Gen. Laws § 5-44-23 of the Act.

C. Persons and Practices Exempt

1. Persons and practices exempt are in accordance with the provisions set forth in R.I. Gen. Laws § 5-44-23.

15.4 Qualifications for Licensing

A. An applicant seeking a license as a psychologist to practice in the state of Rhode Island must:

1. Be of good moral character;

2. Have received a doctorate degree in psychology which meets the academic requirements of § 15.5.1(A) of this Part or,

3. Have received the equivalent of a doctorate degree in psychology which meets the equivalency requirements of § 15.5.1(A)(1) of this Part;

4. Have completed at least two (2) years of supervised experience in accordance with § 15.6 of this Part

5. Have passed to the satisfaction of the Board, an examination in accordance with § 15.8.1 of this Part unless determined eligible for licensure without examination pursuant to § 15.8.3 of this Part; and

6. Have demonstrated areas of competence, if applicable, in conformance with current guidelines of the American Psychological Association and as documented by relevant professional education, training and experience.

B. An applicant seeking licensure in Rhode Island who possesses the Certificate of Professional Qualification (CPQ) issued by the Association of State and Provincial Psychology Boards or the National Register Health Service Provider in Psychology credential issued by the National Register of Health Service Providers in Psychology (NRHSPP) shall be deemed to have met the requirements for licensure as stated in this Part.

15.5 Academic Requirements

15.5.1 Doctorate in Psychology

A. An applicant for licensure shall hold a doctoral degree in psychology from a regionally accredited college or university whose program of study was accredited by the American Psychological Association, at the time such degree was received, or its equivalent in terms of excellence of education and training, or a doctorate degree in an allied field whose education and training requirements are listed below:

1. Equivalency to Doctorate in Psychology

a. An applicant who has received a doctoral degree in a related discipline shall be judged to hold the equivalent of a doctorate degree in psychology, if the following equivalency requirements are met to the satisfaction of the Board:

(1) The program of study was an integrated, organized sequence of study within or with an affiliated regionally accredited college or university;

(2) A minimum of thirty-six (36) credit hours shall be earned in residence at the educational institution through in-person psychology instruction with multiple program faculty and students;

(3) At least seventy-two (72) semester hours or one hundred-eight (108) quarter hours of graduate course credits completed (excluding dissertation and supervised experience credits) were predominantly psychological in nature and encompassed courses equivalent to the program of study for psychologists whose curriculum includes a minimum of three (3) academic years of full-time graduate study, including instruction in scientific and professional ethics and standards, research design and methodology, statistics and psychometrics, history and systems of psychology and a major field of concentration. Within this basic program should be included a minimum of three (3) or more graduate semester hours or five (5) or more graduate quarter hours with demonstrated competency in each of the following areas:

(AA) Biological Bases of Behavior: (e.g., physiological psychology, comparative psychology, neuropsychology, sensation and perception, psychopharmacology);

(BB) Cognitive-Affective Bases of Psychology: (e.g., learning, thinking, emotion and motivation);

(CC) Social Bases of Behavior: (e.g., group process, multiculturalism, organizational and systems theory); and

(DD) Individual Differences: (e.g., personality theory, human development, abnormal psychology).

(EE) The nature of the method and content of the dissertation where required was psychologically oriented; and

(4) The supervised experience and internship meets the requirements of § 15.6 of this Part.

(5) Distance learning programs shall only be recognized as acceptable equivalents if accredited by the American Psychological Association (APA).

15.6 Supervised Experience and Internship

A. Applicants for licensure as psychologists shall be required to have completed supervised clinical experience and internship programs as defined in § 15.6 of this Part, and that meet the following requirements:

1. Completed fifteen hundred (1,500) hours of supervised internship after completion of the equivalent of two (2) years of full-time graduate study in an integrated organized study program;

2. Completed the second year of supervised experience after completion of academic requirements for the doctoral degree. Said supervised experience shall consist of the following:

a. Be at least two (2) years in duration, one (1) year of which shall be post-doctoral;

b. Consist of a minimum of three thousand (3,000) hours, fifteen hundred (1,500) of which shall be post-doctoral hours;

c. Shall be under the supervision of a psychologist certified or licensed pursuant to the statutory provisions of the state in which the supervised experience was obtained.

3. Obtained supervised experience in a setting affiliated with a regionally accredited college or university, or in a setting approved by the American Psychological Association, or an equivalent setting satisfactory to the Board;

4. The pre- and/or post-doctoral experience must be distinct and separate from any field, laboratory or practical experience required in connection with academic course(s);

5. Supervision of a trainee shall be provided in accordance with acceptable standards of practice by a licensed psychologist pursuant to the statutory provisions of the state in which the supervised experience was obtained and who was responsible for:

a. Establishing an individualized supervisory program through practical experience for the professional growth and training of the trainee;

b. All aspects of the work of the trainee;

c. On-going supervision and availability to the trainee at all times during work hours;

d. Weekly conferences with the trainee, on a one-to-one basis, for at least one (1) hour per week for the duration of the experience in addition to other supervisory case conferences;

e. The utilization of appropriate community resources and professional consultation as may be required for the welfare of clients;

f. Providing opportunities for broad range of experiences and for group seminars, case conferences, consultation and other similar experiences;

g. Assessment of performance and skills of trainee (documented); and

h. Such other functions as may be required to assist in providing an adequate practical experience.

B. The Board shall require submission of such information as may be deemed necessary to evaluate the nature and scope of the applicant's supervised experience based on the requirements in this Part. Such information may include, but not be limited to:

1. Supervisor's name and qualifications;

2. Dates, location and duration of experience (pre- or post-doctoral);

3. Duties of supervisor(s) and trainee;

4. Nature and extent of practical experience;

5. Amount and type of supervision, including time frame; and

6. Supervisor's documented assessment of trainee's performance.

15.7 Application for Licensure and Fee

A. Application for licensure shall be made on forms provided by the Department which shall be completed and submitted to the Board. Such application shall be accompanied by the following documents:

1. Supporting official transcripts of education credentials and affidavits of internship;

2. The application fee (not refundable and non-returnable), as set forth in the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title).

3. Examination of Professional Practice in Psychology (EPPP) examination results submitted directly by the examination service;

4. Pre- and post-doctoral supervised practice forms;

5. Curriculum Summary Form (non-APA approved only);

6. Verification that the licensee is in good standing in state(s) where the applicant holds or has held a license as a psychologist.

15.8 Licensure of Psychologists

15.8.1 By Examination

Applicants shall be required to pass the Examination of Professional Practice in Psychology (EPPP) offered by the Association of State and Provincial Psychology Boards (ASPPB), unless exempted in accordance with § 15.8.3 of this Part. The passing score, as approved by the Board, shall be the ASPPB’s recommended passing score.

15.8.2 Temporary Permits

A temporary permit to practice psychology under supervision may be granted to a candidate for licensure who has paid the required fee as set forth in the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title) and has satisfied the provisions of R.I. Gen. Laws § 5-44-13.

15.8.3 By Endorsement

Licensure by endorsement is in accordance with the provisions set forth in R.I. Gen. Laws § 5-44-11.

15.9 Continuing Education

A. Every psychologist licensed to practice in this state under the provisions of the Act and this Part, shall upon renewal of license in every other year, with the exception of those initially licensed as in § 15.9.2(B)(2) of this Part, demonstrate to the Department compliance with the continuing education requirements described in this Part. The cycle for continuing education requirements begins on July 1st and runs through June 30th of even-numbered years (i.e., 2012-2014, 2014-2016, etc). Approved continuing education programs shall include:

1. Any continuing education program relevant to psychology and sponsored or approved by the American Psychological Association, the Rhode Island Psychological Association;

2. Any continuing education program relevant to psychology and sponsored or approved by other recognized professional psychological organizations; including the national and state professional associations for all licensed mental health professions in this state;

3. Any continuing education program relevant to psychology and sponsored or approved by the Rhode Island State Nurses Association or other state nurses association;

4. Any continuing education program relevant to psychology and sponsored or approved by the Rhode Island Medical Society, other state medical society, or medical school (and its affiliated training institutions) that has an American Psychology Association (APA) approved post-doctoral program in psychology;

5. Appropriate post-doctoral coursework from any regionally accredited college; any department or school of psychology approved by a board of psychology, or

6. Such other professional or accrediting agency as may be approved by the Board.

B. The application for license renewal shall include a signed statement attesting to the satisfactory completion of at least twenty-four (24) credits of continuing education relevant to psychology, approved by the Board, and completed over the two (2) year period preceding renewal of licensure.

15.9.2 Continuing Education Programs and Credits

A. Internet courses, correspondence courses, tapes, or other continuing education programs that do not provide for direct interaction between faculty and the psychologist or formal continuing education programs that include courses, workshops and/or institutes are acceptable for continuing education credits.

B. It shall be the sole responsibility of the individual psychologist to obtain documentation from the approved sponsoring or cosponsoring organization, agency, or institution of his or her participation in a continuing education program and/or activity which shall include no less than the date, the time, the subject matter, name of lecturer or teacher, or such other data and the number of credits earned.

1. Those documents must be safeguarded by the psychologist for random audit by the Department as may be requested. Those documents must be retained by each psychologist for no less than four (4) years, (i.e., from the date of licensure renewal).

2. Psychologists initially licensed by examination after the July 1st renewal date shall be exempt from the continuing education requirements stated in this Part until the date of the next renewal cycle (i.e., June 30th of the next even-numbered year).

3. An extension of time to complete the continuing education requirements may be granted to a psychologist solely at the discretion of the Board for reasons of hardship or other extenuating circumstances.

C. A license may be denied to any applicant who fails to provide satisfactory evidence of completion of continuing education relevant to psychology as required by this Part.

D. Failure to comply with any provisions of § 15.9 of this Part shall be subject to the sanctions of § 15.11 of this Part. Furthermore, all hearings and reviews which may be required shall be subject to the provisions of § 15.12 of this Part.

15.10 Issuance and Renewal of License

A. On or before the first day of May in each even-numbered year, the Department shall make available an application for license renewal to every person to whom a license has been issued or renewed during the cycle. Every person so licensed who desires to renew his or her license shall file a renewal application together with a renewal fee as set forth in the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title) on or before the first day of July of the next even-numbered year following the issuance of his or her license. Such renewal application shall include an attestation of completion of the continuing education requirements in accordance with § 15.9 of this Part.

B. Any person who allows his or her license to lapse by failing to renew it on or before July 1st in each even-numbered year may be reinstated upon submission of an application with payment of the current renewal fee, plus an additional fee as set forth in the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title).

C. Any person using the title “psychologist” or offering serviced defined as the practice of psychology under the Act during the time his or her license has lapsed is subject to the penalties provided for violation of the Act.

15.10.1 Transfers to Inactive List - Reinstatement

Transfers to an inactive list and reinstatement of the inactive license are in accordance with the provisions set forth in R.I. Gen. Laws § 5-44-16.

15.11 Denial, Suspension or Revocation of License - Violations

A. Upon due notice and hearing in accordance with R.I. Gen. Laws Chapter 42-35, (the Administrative Procedures Act), and the provisions of § 15.12 of this Part any violation pursuant to the provisions of the Act and this Part, may be cause for denial, revocation or suspension of license or for imposing such other penalties in accordance with the Act.

B. The Board shall have the power to deny, revoke or suspend any license issued by the Department in accordance with the Act, or discipline a psychologist for the grounds set forth in R.I. Gen. Laws § 5-44-18. In addition, the Board may deny, revoke or suspend any license issued by the Department upon proof that the person:

1. Has practiced outside of his/her area of competence.

C. Grounds for Discipline Without a Hearing.

1. With the approval of the Director, the Board may temporarily suspend the license of a psychologist without a hearing if the Board finds that evidence in its possession indicates that a psychologist continuing in practice would constitute an immediate danger to the public. In the event that the Board temporarily suspends the license of a psychologist without a hearing by the Board, a hearing must be held within ten (10) days after the suspension has occurred.

15.12 Rules Governing Practices and Procedures

All hearings and reviews required under the provisions of the Act shall be held in accordance with the provisions of the rules and regulations regarding Practices and Procedures Before the Department of Health (Part 10-05-4 of this Title) and Access to Public Records (Part 10-05-1 of this Title).

Title 216 Rhode Island Department of Health
Chapter 40 Professional Licensing and Facility Regulation
Subchapter 05 Professional Licensing
Part 15 Psychologists (216-RICR-40-05-15)
Type of Filing Amendment
Regulation Status Active
Effective 08/21/2018

Regulation Authority :

R.I. Gen. Laws § 5-44-6

Purpose and Reason :

In accordance with the Administrative Procedures Act, R.I. Gen. Laws Section 42-35-3(a)(1), the following is a concise statement regarding this rulemaking for Psychologists (216-RICR-40-05-15). This amendment to the regulations creates an Authority section, removes superfluous language, removes statutory reiteration, aligns the renewal date of licensure with statute, and removes notarization/photograph requirements for applications. No comments were received during the public comment period; therefore no non-technical revisions were made to the regulations posted for public comment, and no justification for not implementing suggested revisions is required. In the development of this rule, consideration was given to: 1) alternative approaches; 2) overlap or duplication with other statutory and regulatory provisions; and 3) significant economic impact on small business. No alternative approach, duplication, or overlap was identified based on available information. RIDOH has determined that the benefits of this rule justify its costs.

There are no electronic rulemaking documents for rules filed prior to August 14, 2018. For rulemaking documents for rules filed prior to this date, please contact the appropriate agency's Rules Coordinator.