HB 420: "An Act relating to psychologists and psychological associates."
00HOUSE BILL NO. 420 01 "An Act relating to psychologists and psychological associates." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 08.86 is amended by adding a new section to read: 04 Sec. 08.86.075. POWER TO ORDER EXAMINATIONS. The board may 05 order a licensed psychologist or licensed psychological associate to submit to a 06 reasonable physical or mental examination if the board has credible evidence sufficient 07 to conclude that the psychologist's or psychological associate's physical or mental 08 capacity to practice safely is at issue. 09 * Sec. 2. AS 08.86.130(a) is amended to read: 10 (a) The board shall issue a license to a person who 11 (1) holds an earned doctorate degree, from an academic institution 12 whose program of graduate study for a doctorate degree in psychology meets the 13 criteria established by the board by regulation, in 14 (A) clinical psychology;
01 (B) counseling [EDUCATIONAL] psychology; or 02 (C) education in a [WITH THE] field of specialization [IN 03 COUNSELING PSYCHOLOGY OR EDUCATIONAL PSYCHOLOGY; OR 04 (D) A SUBJECT] considered equivalent by the board; 05 (2) has not engaged in dishonorable conduct related to the practice 06 of counseling or psychometry; 07 (3) has one year of post doctoral supervised experience approved by 08 the board; and 09 (4) [(3)] takes and passes the objective examination developed or 10 approved by the board. 11 * Sec. 3. AS 08.86.135 is amended to read: 12 Sec. 08.86.135. TEMPORARY LICENSE. The board may issue a temporary 13 license to a person who meets the requirements of AS 08.86.130(a)(1) and (2). A 14 temporary license issued under this section is valid only for the time period 15 identified in the person's plan for the purpose of obtaining supervised experience 16 to meet the requirements of AS 08.86.130(a)(3) [UNTIL THE RESULTS OF THE 17 EXAMINATION FOLLOWING THE ISSUANCE OF THE TEMPORARY LICENSE 18 ARE PUBLISHED]. 19 * Sec. 4. AS 08.86.160 is repealed and reenacted to read: 20 Sec. 08.86.160. LICENSING REQUIREMENTS. (a) The board shall issue 21 a license to a person who 22 (1) holds an earned master's degree from an academic institution whose 23 program of graduate study for a master's degree in psychology meets the criteria 24 established by the board by regulation in 25 (A) clinical psychology; 26 (B) counseling psychology; or 27 (C) education in a field of specialization considered equivalent 28 by the board; 29 (2) has not engaged in dishonorable conduct related to the practice of 30 counseling or psychometry; 31 (3) has two years of post master's supervised experience approved by
01 the board; and 02 (4) takes and passes the objective examination developed or approved 03 by the board for psychological associates. 04 (b) The board may not deny recognition as an accredited or approved academic 05 institution to an educational institution solely because its program has not been 06 accredited by a professional organization of psychologists. 07 * Sec. 5. AS 08.86.164(a) is amended to read: 08 (a) A psychological associate shall be licensed for specific activities or areas 09 of competence as determined by the nature and extent of the psychological associate's 10 training and experience [, AND THOSE AREAS SHALL BE SPECIFIED ON THE 11 LICENSE]. 12 * Sec. 6. AS 08.86 is amended by adding a new section to article 4 to read: 13 Sec. 08.86.166. TEMPORARY LICENSE. The board may issue a temporary 14 license to a person who meets the requirements of AS 08.86.160(a)(1) and (2). A 15 temporary license issued under this section is valid only for the time period identified 16 in the person's plan for the purpose of obtaining supervised experience to meet the 17 requirement of AS 08.86.160(a)(3). 18 * Sec. 7. AS 08.86.200(a) is amended to read: 19 (a) A psychologist or psychological associate may not reveal to another person 20 a communication made to the psychologist or psychological associate by a client about 21 a matter concerning which the client has employed the psychologist or psychological 22 associate in a professional capacity. This section does not apply to 23 (1) a case conference with other mental health professionals 24 [PSYCHOLOGISTS, PSYCHOLOGICAL ASSOCIATES,] or with physicians and 25 surgeons; 26 (2) a case in which the client in writing authorized the psychologist or 27 psychological associate to reveal a communication; 28 (3) a case where an immediate threat of serious physical harm to an 29 identifiable victim is communicated to a psychologist or psychological associate by a 30 client; 31 (4) disclosures of confidential communications required under Rule 504,
01 Alaska Rules of Evidence; or 02 (5) proceedings conducted by the board or the department where the 03 disclosure of confidential communications is necessary to defend against charges that 04 the psychologist or psychological associate has violated provisions of this chapter; 05 information obtained by the board or department under this paragraph is 06 confidential and is not a public record for purposes of AS 09.25.110 - 09.25.140. 07 * Sec. 8. AS 08.86.204 is amended to read: 08 Sec. 08.86.204. GROUNDS FOR IMPOSITION OF DISCIPLINARY 09 SANCTIONS. After a hearing, the board may impose a disciplinary sanction on a 10 person licensed under this chapter when the board finds that the licensee 11 (1) secured a license through deceit, fraud, or intentional 12 misrepresentation; 13 (2) engaged in deceit, fraud, or intentional misrepresentation in the 14 course of providing professional services or engaging in professional activities; 15 (3) advertised professional services in a false or misleading manner; 16 (4) has been convicted of a felony or other crime that [WHICH] affects 17 the licensee's ability to continue to practice competently and safely; 18 (5) intentionally or negligently engaged in or permitted the performance 19 of patient care by persons under the licensee's supervision that [WHICH] does not 20 conform to minimum professional standards regardless of whether actual injury to the 21 patient occurred; 22 (6) failed to comply with this chapter, with a regulation adopted under 23 this chapter, or with an order of the board; 24 (7) continued to practice after becoming unfit due to 25 (A) professional incompetence; 26 (B) failure to keep informed of current professional practices; 27 (C) addiction or severe dependency on alcohol or other drugs 28 which impairs the ability to practice safely; 29 (D) physical or mental disability or a combination of physical 30 and mental disabilities; 31 (8) engaged in sexual misconduct with a patient during the course
01 of therapy, either within or outside the treatment setting, or within two years 02 after therapy or counseling with the patient has terminated; in this paragraph, 03 "sexual misconduct" includes sexual contact, as defined in regulations adopted 04 under this chapter, or attempted sexual contact, regardless of the patient's or 05 former patient's consent or lack of consent [LEWD OR IMMORAL CONDUCT IN 06 CONNECTION WITH THE DELIVERY OF PROFESSIONAL SERVICE TO 07 PATIENTS]. 08 * Sec. 9. AS 08.86.204 is amended by adding a new subsection to read: 09 (b) The board may summarily suspend the license of a licensee who refuses 10 to submit to a physical or mental examination under AS 08.86.075. A person whose 11 license is suspended under this subsection is entitled to a hearing by the board within 12 seven days after the effective date of the order. If, after a hearing, the board upholds 13 the suspension, the licensee may appeal the suspension to a court of competent 14 jurisdiction. 15 * Sec. 10. AS 08.86.230(4) is amended to read: 16 (4) "psychological associate" means a person licensed under this 17 chapter who renders specific psychological services [IN ASSOCIATION WITH A 18 LICENSED PSYCHOLOGIST] and complies with AS 08.86.164; 19 * Sec. 11. AS 08.86.162(3), 08.86.164(b), 08.86.164(c), 08.86.164(d), and 08.86.164(e) are 20 repealed.