Public Law, Chapter 402, Part Q, 123rd Legislature, First Regular Session

Chapter 402 S.P. 659 - L.D. 1842

PART Q

Sec. Q-1. 32 MRSA §3811-A, as enacted by PL 1985, c. 481, Pt. A, §56, is repealed and the following enacted in its place:

§ 3811-A. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

1. Board. "Board" means the State Board of Examiners of Psychologists.

2. Mental illness. "Mental illness" means a clinically significant behavioral or psychological syndrome or pattern that occurs in an individual and that is typically associated with either a painful symptom or impairment in one or more important areas of functioning.

Sec. Q-2. 32 MRSA §3812, as enacted by PL 1967, c. 544, §82, is amended to read:

§ 3812. Unlicensed practice; exemptions

It is specifically prohibited that any An individual or organization shall present himself may not profess to be or be presented to the public by any title incorporating the name "psychological," "psychologist" or "psychology," other than those so licensed by this chapter, except that any psychological scientist employed by a recognized research laboratory, college, university or state or federal agency may represent himself by use the title conferred upon him the scientist by the administration of such or equivalent laboratory, college, university or state or federal agency. Nothing in this section shall may be construed as permitting such persons to offer their service to any other persons or organizations as consultants or to accept remuneration for any psychological services other than that of their institutional salaries unless they have been licensed under this chapter. Visiting lecturers from recognized laboratories, colleges or universities are exempt from this section and may utilize their academic research title when presenting lectures to similar institutions or organizations. Students of psychology, psychological interns and other persons preparing for the profession of psychological examiner or psychologist under qualified supervision in recognized training institutions or facilities may be designated by such titles as "psychological intern", "psychological trainee" or others clearly indicating such training status.

The use of occasional services of qualified consultant psychologists from without the State another state or jurisdiction or the use of the services of organizations from without the State another state or jurisdiction employing qualified psychologists shall does not constitute the unlawful practice of psychology.

Sec. Q-3. 32 MRSA §3814, as amended by PL 1983, c. 413, §146 and PL 1999, c. 547, Pt. B, §78 and affected by§80, is further amended to read:

§ 3814. Penalties for unlicensed practice

If any person shall Persons who hold himself themselves out to the public as a psychologist psychologists or psychological examiner examiners or engage in psychological practice as defined in section 3811 this chapter and shall do not then possess in full force a valid license licenses to practice as psychological examiner examiners or psychologist psychologists under this chapter , he shall be deemed guilty of a Class E crime are subject to the provisions of Title 10, section 8003-C.

The State may bring an action in Superior Court to enjoin any person from violating this chapter, regardless of whether proceedings have been or may be instituted in the District Court or whether criminal proceedings have been or may be instituted.

Sec. Q-4. 32 MRSA §3816, as amended by PL 1983, c. 413, §147, is further amended to read:

§ 3816. Code of ethics

The board of examiners shall adopt rules establishing a code of ethics in keeping with those standards established by the American Psychological Association or its successor or other organization approved by the board to govern appropriate practices or behavior as referred to in this chapter.

Sec. Q-5. 32 MRSA §3818, as enacted by PL 1975, c. 767, §43, is repealed.

Sec. Q-6. 32 MRSA §3821, as amended by PL 1993, c. 600, Pt. A, §249, is further amended to read:

§ 3821. Membership; terms; vacancies

The State Board of Examiners of Psychologists, as established by Title 5, section 12004-A, subsection 34, and called the "board," consists of 9 members who are appointed by the Governor to serve a term of 3 years. Two members of the board must be representatives of the public members as defined in Title 5, section 12004-A. Seven members of the board must be licensed psychologists or psychological examiners with at least one member licensed as a psychological examiner and insofar as possible be representative of the field of psychology. These 7 members must be representative of the field of psychology insofar as possible. Appointments of members must comply with Title 10, section 60 8009. Before the filling of any vacancies of professional or public members, the Governor shall may solicit recommendations. A board member may be removed by the Governor for cause.

Sec. Q-7. 32 MRSA §3822, as amended by PL 1985, c. 481, Pt. A, §58, is further amended to read:

§ 3822. Meetings; chair; quorum

The board shall meet at least once a year to conduct its business and to elect a chairman, secretary and treasurer chair. Additional meetings shall must be held as necessary to conduct the business of the board , and may be convened at the call of the chairman chair or a majority of the board members. Each member shall be compensated according to the provisions of Title 5, chapter 379, provided that the expense shall not exceed the fees collected by the board. Five members of the board shall at all times constitute a quorum. The board shall keep such records and minutes as are necessary to the ordinary dispatch of its functions.

Sec. Q-8. 32 MRSA §3824, as amended by PL 1995, c. 397, §61, is further amended to read:

§ 3824. Powers and duties

The board shall have the following powers and duties, in addition to those otherwise set forth in this chapter.

1. Licenses. The board shall evaluate the qualifications and supervise the examination of applicants for licensure under this chapter , and investigate or cause to be investigated all complaints made to it and all cases of noncompliance with this chapter, including the supervision of psychological examiners.

2. Rules. The board may, in accordance with procedures established by the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II 2, adopt such rules as may be reasonably necessary for the proper performance of its duties and the administration of this chapter.

3. Hearings. Hearings may be conducted by the board to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of a license, or as otherwise deemed necessary to the fulfillment of its responsibilities under this chapter. Hearings shall be conducted in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV, to the extent applicable. The board may subpoena witnesses, records and documents in any hearing it conducts.

5. Temporary licensure. The board shall provide adopt rules for the granting of a temporary license to enable psychologists to practice in this State under supervision prior to full licensure by pending such examination as the board may require. An applicant who fulfills all the requirements for licensure, except the written with the exception of any required examination, may apply to the board for a temporary license. Upon receiving a completed application and fee and upon the applicant's successful completion of an oral examination as set under section 3833-A, the board shall issue a temporary license that entitles the applicant to practice as a psychologist or psychological examiner under supervision while completing the requirements for permanent licensure. The temporary license is effective for one year.

6. Continuing education. The board shall establish in rules requirements for continuing education. The board shall require the applicant for license renewal to present evidence of his the applicant's satisfactory completion of continuing professional education in accordance with rules adopted by the board. This subsection takes effect on January 1, 1986.

Sec. Q-9. 32 MRSA §3831, as amended by PL 1985, c. 481, Pt. A, §61, is further amended to read:

§ 3831. Licensure; qualifications

1. Psychological examiner. Any person wishing to obtain the right to practice as a psychological examiner, who has not been licensed to do so, shall, before it shall be lawful for him to practice as a psychological examiner, make application to the State Board of Examiners of Psychologists, upon such form and in such manner as prescribed by the board, and obtain from the board a license to do so. Unless such a person has obtained a license, it shall be unlawful for him to practice and, if he shall practice as a psychological examiner without first having obtained such a license, he shall be deemed to have violated this chapter. A candidate for this license shall furnish the board with satisfactory evidence that he the candidate is trustworthy and competent to practice as a psychological examiner in such manner as to safeguard the interests of the public; has had a master's degree reflecting comprehensive training in psychology from an accredited educational institution recognized by the board as maintaining satisfactory standards; has had at least one year of full-time supervised experience in psychology of a type considered by the board to be qualifying in nature; is competent as a psychological examiner as shown by passing such examinations, written or oral, or both, as the board deems determines necessary; is not considered by the board to be engaged in unethical practice; and has not within the preceding 6 months failed an examination given by the board.

2. Psychologist. Any person wishing to obtain the right to practice as a psychologist, who has not been licensed to do so, shall, before it shall be lawful for him to practice psychology, make application to the State Board of Examiners of Psychologists, upon such form and in such manner as prescribed by the board, and obtain from the board a license to do so. Unless such a person has obtained a license, it shall be unlawful for him to practice and, if he shall practice psychology without first having obtained a license, he shall be deemed to have violated this chapter. A candidate for this license shall furnish the board with satisfactory evidence that he the candidate is trustworthy and competent to practice as a psychologist in such manner as to safeguard the interest of the public; has received a doctorate degree reflecting comprehensive training in psychology from an accredited institution recognized by the board as maintaining satisfactory standards, at the time the degree was granted; has had at least 2 years of experience in psychology of a type considered by the board to be qualifying in nature; is competent in psychology, as shown by passing such examinations , written or oral, or both, as the board deems determines necessary; is not considered by the board to be engaged in unethical practice; and has not within the preceding 6 months failed an examination given by the board. The board shall recognize that valid comprehensive training in psychology must be received in or accepted by a single program, but may be obtained through a degree given by administrative units other than a department of psychology, including programs approved by the National Association of School Psychologists or the American Psychological Association designation program or their successors or other organizations approved by the board. The board shall adopt a list of these programs. Individuals with degrees from programs not on that list shall must be evaluated on a case-by-case basis.

Sec. Q-10. 32 MRSA §3834, as amended by PL 1983, c. 413, §154, is repealed.

Sec. Q-11. 32 MRSA §3835, as amended by PL 2001, c. 323, §25, is further amended to read:

§ 3835. License renewal

Licenses issued under this chapter expire biennially on a date or as established by the Commissioner of Professional and Financial Regulation , if not renewed. A person licensed under this chapter shall submit, on or before the biennial established expiration date, an application for license renewal together with the biennial renewal fee as set under section 3833-A set by the director.

The board shall notify every licensed psychologist of the expiration date of the license and indicate the amount of fee required for biennial renewal. This notice must be mailed to each person's last known address at least 30 days in advance of the expiration date of that license. A license may be renewed up to 90 days after the date of expiration upon payment of a late fee in addition to the renewal fee as set under section 3833-A. Any person who submits an application for renewal more than 90 days after the license renewal date is subject to all requirements governing new applicants under this chapter, except that the board may in its discretion, giving due consideration to the protection of the public, waive examination if that renewal application is made received, together with the late fee and renewal fee, within 2 years from the date of that expiration.

Sec. Q-12. 32 MRSA §3836, as amended by PL 2001, c. 323, §26, is further amended to read:

§ 3836. Endorsement; conditional licensure

The board may, at any time at its discretion, grant a conditional license without an assembled examination to any person who at the time of application is licensed or certified by a similar board of another state whose standards, in the opinion of the board, are equivalent to those required by this chapter. The board, at its discretion, may issue a conditional license, at the appropriate level, to applicants for a permanent license upon payment of the required fee as set under section 3833-A , to be established by the director. The conditional license is effective for one year and requires that the licensee practice only under supervision. An oral examination must be taken and passed The board may require conditional licensees to pass an examination approved by the board during the term of the conditional license.

Sec. Q-13. 32 MRSA §3837, as amended by PL 1993, c. 600, Pt. A, §250 and PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed.

Sec. Q-14. 32 MRSA §3837-A is enacted to read:

§ 3837-A. Denial or refusal to renew license; disciplinary action

1. Disciplinary action. In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, paragraph A, the board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for:

A. Practice of psychology under a false or assumed name or impersonation of another practitioner of a like or different name;

B. Habitual substance abuse that has resulted or is forseeably likely to result in the licensee performing services in a manner that endangers the health or safety of patients;

C. An incapacitating mental illness or condition;

D. Practice of medicine without a license to do so in violation of section 3270;

E. Practice by a licensed psychological examiner at a level requiring a psychologist's license or any representation by a psychological examiner that that psychological examiner is a psychologist; or

F. Negligence in the performance of the licensee’s duties.

2. Reinstatement. The board, for reasons it determines sufficient, may reissue a license to a psychological examiner or psychologist whose license has been revoked or has not been renewed if 4 or more of its members vote in favor of reissuance.

Sec. Q-15. 32 MRSA §3838, as amended by PL 1985, c. 481, Pt. A, §63, is repealed.

Sec. Q-16. 32 MRSA §3839, as repealed and replaced by PL 1983, c. 413, §159, is repealed.

Sec. Q-17. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 32, chapter 56, subchapter 3, in the subchapter headnote, the word "registration" is amended to read "licensure" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

Public Laws

123rd Legislature

First Regular Session

Chapter 402

S.P. 659 - L.D. 1842