NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 910

SENATE BILL 578

 

 

AN ACT TO PROVIDE FOR THE EXAMINATION AND LICENSING OF PRACTICING PSYCHOLOGISTS; TO CREATE A STATE BOARD OF EXAMINERS OF PRACTICING PSYCHOLOGISTS; TO DEFINE THE DUTIES AND POWERS OF THAT BOARD; AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THIS ACT.

 

The General Assembly of North Carolina do enact:

 

Section 1.  This Act shall be known and may be cited as the "Practicing Psychologist Licensing Act".

Sec. 2.  Definitions. (a) "Licensed practicing psychologist" means an individual to whom a license has been issued pursuant to the provisions of this Act, and whose license is in force and not suspended or revoked.

(b)        "Practice of psychology" within the meaning of this Act is defined as rendering, or offering to render, professional psychological services to individuals, singly or in groups, whether in the general public or in organizations, either public or private, for a fee, monetary or otherwise.

(c)        "Professional psychological services" means the application of psychological principles and procedures for the purpose of understanding, predicting, or influencing the behavior of individuals in order to assist in their attainment of maximum personal growth; optimal work, family, school and interpersonal relationships; and healthy personal adjustment. The application of psychological principles and procedures includes some of all or the following, but is not restricted to: interviewing, counseling, and psychotherapy; administering and interpreting instruments for the assessment and evaluation of mental abilities, aptitudes, interests, attitudes, personality characteristics, emotions, and motivation; diagnosis, prevention, and amelioration of adjustment problems; hypnosis; the resolution of interpersonal and social conflict; educational and vocational counseling; personnel selection; and the evaluation and planning for effective work and learning situations. Teaching, writing, the giving of public speeches or lectures, and research concerned with psychological principles, or the application of psychological principles, are not included in professional psychological services within the meaning of this Act.

(d)        "Psychological examiner" is an individual, licensed within the meaning of this Act, who offers to render, or renders professional psychological services such as interviewing or administering and interpreting tests of mental abilities, interests, aptitudes, and personality characteristics for such purposes as psychological evaluation, or for educational, vocational or personnel selection, guidance or placement. The psychological examiner does not engage in over-all personality appraisal or classification, personality counseling or personality readjustment techniques except under qualified supervision.

(e)        "Psychotherapy" within the meaning of this Act means the use of learning or other psychological behavioral modification methods in a professional relationship to assist a person or persons to modify feelings, attitudes, and behavior which are intellectually, socially, or emotionally maladjustive or ineffectual.

(f)         "Board" means the North Carolina State Board of Examiners of Practicing Psychologists.

(g)        "Accredited educational institution" means a college or university chartered by the State and accredited by the appropriate regional association of colleges and secondary schools.

Sec. 3.  Practice of Medicine and Optometry Not Permitted. Nothing in this Article shall be construed as permitting licensed practicing psychologists or psychological examiners to engage in any manner in all or any of the parts of the practice of medicine or optometry licensed under Articles 1 and 6 of Chapter 90 of the General Statutes, including, among others, the diagnosis and correction of visual and muscular anomalies of the human eyes and visual apparatus, eye exercises, orthoptics, vision training, visual training and developmental vision. A licensed practicing psychologist or psychological examiner shall assist his client in obtaining professional help for all aspects of his problems that fall outside the boundaries of his own competence, including provision for the diagnosis and treatment of relevant medical or optometric problems. In rendering psychotherapy in any form, the licensed practicing psychologist or psychological examiner shall develop liaison, communication, and meaningful collaboration with a physician, duly licensed to practice medicine in North Carolina, designated by the client.

Sec. 4.  Exemptions to this Act. (a) Nothing in this Act shall be construed as limiting the activities, services, and use of official title on the part of any person in the regular employ of a federal, state, county, or municipal government, or other political subdivision, or any agency thereof, or of a duly accredited or chartered educational institution, insofar as such activities and services are a part of the duties and responsibilities of his position. Such duties and responsibilities may include, but are not restricted to, teaching, writing, conducting research, the giving of public speeches or lectures, the giving of legal testimony, consulting with publishers, serving on boards, commissions, and review committees of public and nonprofit private agencies, with or without remuneration.

(b)        Nothing in this Act shall be construed as limiting the activities, services, and use of title designating training status of a student, intern, or fellow preparing for the practice of psychology under qualified supervision in an accredited educational institution or service facility, provided that such activities and services constitute a part of his course of study.

(c)        Nothing in this Act shall be construed as limiting the activities and services of any persons who are salaried employees of federal, State, county, municipal or other political subdivisions, or any agencies thereof, or a duly chartered or accredited educational institution, or private business, provided such employees are performing those duties for which they are employed by such organizations, and within the confines of such organization, and provided that they or their organization are not engaged in the practice of psychology as defined in this Act. In case the organization is a private business engaged in the practice of psychology as defined in this Act, such salaried employees shall be supervised by a licensed psychologist or a psychological examiner.

(d)        Nothing in this Act shall be construed as restricting the use of the term "social psychologist" by any person who has been graduated with a doctoral degree in sociology or social psychology from an institution whose credits in sociology or social psychology are acceptable by an accredited educational institution, and who has passed comprehensive examinations in the field of social psychology as part of the requirement for the doctoral degree or has had equivalent specialized training in social psychology, and who has filed with the Board a statement of the facts demonstrating his compliance with the aforesaid conditions of this subsection.

(e)        Nothing in this Article shall be construed to limit or restrict physicians and surgeons or optometrists authorized to practice under the laws of North Carolina or to restrict qualified members of other professional groups in the practice of their respective professions, provided they do not hold themselves out to the public by any title or description stating or implying that they are practicing psychologists or psychological examiners, or are licensed to practice psychology.

(f)         Nothing in this Act is to be construed as prohibiting a psychologist who is not a resident of North Carolina from rendering professional psychological services in this State for not more than five days in any calendar year.

Sec. 5.  Temporary Licenses. (a) A nonresident psychologist who is either licensed or certified by a similar Board of another state, or territory of the United States, or of a foreign country or province whose standards, in the opinion of the Board, are, at the date of his certification or licensure, equivalent to or higher than the requirement of this Act, may be issued a temporary license by the Board for the practice of psychology in this State for a period not to exceed 30 consecutive business days, or 45 business days in any 90-day period; provided that such a psychologist submits to the Board on a minimum of ten days' written notice evidence of certification or licensing, along with a report of the nature of his intended practice.

(b)        A nonresident psychologist who meets all other requirements of Section 11A or 11B for licensing, and is not licensed or certified in his place of residence, may be issued a temporary license by the Board for the practice of psychology in this State for the same period and under the same conditions as in Sections 5(a) above, except that a summary of his qualifications in lieu of evidence of certification or licensing must be submitted to the Board for its appraisal.

(c)        A psychologist who comes to reside in North Carolina, and who is otherwise qualified for licensing may be issued a temporary license by the Board at the appropriate level for the practice of psychology until such time as the Board conducts its regular licensing examinations.

(d)        A psychologist who meets all other requirements of Section 11A for licensing, except the two years of acceptable and appropriate experience, may be issued a temporary license by the Board for the practice of psychology for a period not exceeding two years, provided he practices under the supervision of a licensed practicing psychologist or a psychologist acceptable to the Board as an eligible supervisor.

(e)        Fees for temporary licenses shall be as prescribed by the Board.

Sec. 6.  Board of Examiners in Psychology; Appointment; Term of Office; Composition. For the purpose of carrying out the provisions of this Act, there is hereby created a North Carolina State Board of Examiners of Practicing Psychologists, which shall consist of five members to be appointed by the Governor. At all times the Board shall be composed of at least two members primarily engaged in graduate teaching or research in psychology and at least two members primarily engaged in rendering services in psychology. At all times three members shall be licensed practicing psychologists or qualified for licensure under this Act. Due consideration shall also be given to the adequate representation of the various fields of psychology. Terms of office shall be three years, and of the first Board one member shall be appointed to serve for one year, two members for two years, and two members for three years. Within 30 days after the effective date of this Act, the Executive Committee of the North Carolina Psychological Association shall, with the advice of the chairman of the graduate departments of psychology in this State, submit to the Governor a list of the names of 10 persons who are eligible for licensing as practicing psychologists under this Act, giving due regard to the required composition of the Board, and from which the Governor will select the Board within 30 days. The five psychologists appointed to the first Board shall be deemed to be and shall become licensed practicing psychologists immediately upon their appointment and qualification as members of the Board. All terms of service on the Board expire June 30 in appropriate years. As the term of a member expires, or as a vacancy occurs for any other reason, the North Carolina Psychological Association, or its successor, shall, with the advice of the chairman of the graduate departments of psychology in the State, for each vacancy, submit to the Governor a list of the names of three eligible persons, and from this list the Governor shall make the appointment for a full term, or for the remainder of the unexpired term, if any. Each Board member shall serve until his successor has been appointed.

Sec. 7.  Qualifications of Board Members. Each member of the Board shall have the following qualifications:

(a)        be a resident of this State and a citizen of the United States;

(b)        he shall hold the doctoral degree in psychology, or in a closely allied field, either of which qualifies him for membership in the North Carolina Psychological Association and the American Psychological Association;

(c)        be at the time of his appointment, and shall have been for at least five years prior thereto, actively engaged as a psychologist in one or more branches of psychology or in the education and training of doctoral or post doctoral students of psychology or in psychological research, and such activity during the two years preceding appointment shall have occurred primarily in this State.

Sec. 8.  Compensation of Members; Expenses; Employees. Members of the Board shall receive no compensation for their services, but shall receive their necessary expenses incurred in the performance of duties required by this Act, as prescribed for State boards generally. The Board may employ necessary personnel for the performance of its functions, and fix the compensation therefor, within the limits of funds available to the Board; however, the Board shall not employ any of its own members to perform inspectional or similar ministerial tasks for the Board. In no event shall the State of North Carolina be liable for expenses incurred by the Board in excess of the income derived from this Act.

Sec. 9.  Election of Officers; Meetings; Adoption of Seal and Appropriate Rules. The Board shall annually elect a chairman and vice chairman from among its membership. The Board shall meet annually, at a regular time set by the Board, in the City of Raleigh, and it may hold additional meetings and conduct business at any place in the State. Three members of the Board shall constitute a quorum. The Board may empower any member to conduct any proceeding, hearing or investigation necessary to its purposes, but any final action requires a quorum of the Board. The Board shall adopt an official seal, which shall be affixed to all licenses issued by it. The Board shall make such rules and regulations not inconsistent with law, as may be necessary to regulate its proceedings and otherwise to implement the provisions of this Act.

Sec. 10.  Annual Report. On June 30 of each year, beginning with the year 1968, the Board shall submit a report to the Governor of the Board's activities since the preceding July 1, including the names of all practicing psychologists and psychological examiners to whom licenses have been granted under this Act, any cases heard and decisions rendered in matters before the Board, the recommendations of the Board as to future actions and policies, and a financial report. Each member of the Board shall review and sign the report before its submission to the Governor. Any Board member shall have the right to record a dissenting view.

Sec. 11.  Licensing and Examination.

A.        Practicing Psychologist.

(1)        The Board shall issue a license to practice psychology to any applicant who pays a fee of twenty-five dollars ($25.00), who passes a satisfactory examination in psychology, and who submits evidence verified by oath and satisfactory to the Board that he:

(a)        is at least twenty-one years of age;

(b)        is of good moral character;

(c)        has received his doctoral degree based on a program of studies the content of which was primarily psychological from an accredited educational institution; and subsequent to receiving his doctoral degree has had at least two years of acceptable and appropriate professional experience as a psychologist;

(d)        has not within the preceding six months failed an examination given by the Board.

B.         Psychological Examiner.

(1)        The Board shall issue a license to practice psychology to any applicant who pays a fee of twenty-five dollars ($25.00), who passes a satisfactory examination in psychology, and who submits evidence verified by oath and satisfactory to the Board that he:

(a)        is at least twenty-one years of age;

(b)        is of good moral character;

(c)        has received a master's degree based on two academic years of graduate training in psychology from an accredited educational institution, or in lieu thereof, such training and experience as the Board shall consider equivalent thereof;

(d)        has not within the preceding six months failed an examination given by the Board.

C.        The examinations required by subsections A and B of this Section shall be of a form and content prescribed by the Board, and may be oral, written, or both. The examinations shall be administered annually, or more frequently as the Board may prescribe, at a time and place to be determined by the Board.

Sec. 12.  Waiver of Requirements. (a) Prior to July 1, 1969, the Board shall waive the examination and doctoral degree required in Section 11A for any person applying for licensing as a practicing psychologist, and shall waive the examination required in Section 11B for any person applying for licensing as a psychological examiner, provided the applicant meets all other requirements of the appropriate subsection of Section 11, is qualified by education and experience judged by the Board to be acceptable for the practice of psychology, and has been engaged in such activity for at least five years prior to July 1, 1969. Qualifying experience may have been accumulated in the teaching of psychology at an accredited educational institution, or in psychological research, or in the administration of a program of psychological services.

(b)        The Board shall waive the requirement of the doctoral degree required by Section 11A, provided that the applicant for practicing psychologist shows evidence, satisfactory to the Board, that he has had a combination of graduate work, training and experience indicated in Section 11A.

Sec. 13.  Licensing of Psychologist Licensed or Certified in other States; Licensing of Diplomates of American Board of Examiners in Professional Psychology. (a) The Board may grant a license without examination to any person meeting the other requirements of either Section 11A or 11B and who at the time of application is licensed or certified as a psychologist by a similar Board of another state, territory or district whose standards, in the opinion of the Board, are not lower than those required by this Act. The provisions of this Section shall apply only when such states, territories, or districts grant similar privilege to residents of this State.

(b)        The Board may grant a license without examination to any person who has been granted a diploma by the American Board of Examiners in Professional Psychology.

Sec. 14.  Renewal of Licenses. A license issued under this Act must be renewed annually on or before the first day of January. Each application for renewal must be accompanied by a renewal fee of five dollars ($5.00). If a license is not renewed on or before the first of January of each year, an additional fee of two dollars ($2.00) shall be charged for late renewal.

Sec. 15.  Refusal, Suspension, or Revocation of Licenses. (a) A license applied for, or issued under this Act may be refused or revoked by the Board upon proof that the person to whom the license was issued:

(1)        has been convicted of a felony; or

(2)        has been guilty of fraud or deceit in securing the license or any renewal thereof; or

(3)        is an habitual drunkard or is addicted to the use of deleterious habit-forming drugs; or

(4)        has been guilty of unprofessional conduct as defined by the then-current code of ethics published by the American Psychological Association.

(b)        A license issued under this Act shall be suspended by the Board after failure to renew a license for a period of more than six months after the annual renewal date.

(c)        The procedure for revocation, suspension, or refusal of a license shall be in accordance with the provisions of Chapter 150 of the General Statutes.

(d)        A person whose license has been refused or revoked under the terms of this Section may reapply to the Board for licensure after the passage of one calendar year from the date of such revocation. The Board may reinstate a suspended license upon payment of a special fee of fifteen dollars ($15.00), and may require re-examination for reinstatement.

Sec. 16.  Prohibited Acts. (a) After June 30, 1968, no person shall represent himself to be a practicing psychologist, or psychological examiner, or engage in, or offer to engage in, the practice of psychology without a valid license issued under this Act.

(b)        After June 30, 1968, no person who is not licensed under this Act shall represent himself to be a licensed practicing psychologist or psychological examiner; nor shall he use a title or description, including the term "phychology", any of its derivatives, such as "psychologic", "psychological", or "psychologist", or modifiers such as "practicing" or "certified", in such a manner which would imply that he is licensed under this Act; nor shall he practice, or offer to practice, psychology as defined in this Act, except as otherwise permitted herein. The use by a person who is not licensed under this Act of such terms, whether in titles or descriptions or otherwise, is not prohibited by this Act except when used in connection with the practice of psychology as defined in this Act; such use of these terms by a person not licensed under this Act shall not be construed as implying that a person is licensed under this Act or as practicing or offering to practice psychology.

Sec. 17.  Violations and Penalties. Any person who violates Section 16 of this Act is guilty of a misdemeanor and upon conviction shall be punishable by a fine of not more than five hundred dollars ($500.00), or imprisonment for not more than six months, or both fine and imprisonment. Each violation shall constitute a separate offense.

Sec. 18.  Privileged Communication. Chapter 8 of the General Statutes is hereby amended by adding a new Section to be designated Section 8-53.2 and to read as follows:

"Sec. 8-53.2.  Communications Between Psychologist and Client. No person, duly authorized as a practicing psychologist or psychological examiner, nor any of his employees or associates, shall be required to disclose any information which he may have acquired in rendering professional psychological services, and which information was necessary to enable him to render professional psychological services: Provided, that the presiding judge of a Superior Court may compel such disclosure, if in his opinion the same is necessary to a proper administration of justice."

Sec. 19.  Disposition of Fees. All fees derived from the operation of this Act shall be deposited with the State Treasurer to the credit of a revolving fund for the use of the Board in carrying out its functions. The financial records of the Board shall be subjected to an annual audit, supervised by the State Auditor, and paid for out of the funds of the Board.

Sec. 20.  Separability Clause. If any Section of this Act or any part thereof, is adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remaining portions of the Act.

Sec. 21.  G.S. 150-9, as it appears in 1964 Replacement Volume 3C of the General Statutes, is hereby amended by deleting the word "and" immediately before, and the period immediately after, the words "the State Board of Refrigeration Examiners" in line 15, and adding at the end thereof the words and punctuation ", and the North Carolina State Board of Examiners of Practicing Psychologists."

Sec. 22.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 23.  This Act shall become effective on July 1, 1967.

In the General Assembly read three times and ratified, this the 23rd day of June, 1967.