Chapter 1 and Chapter 10
CHAPTER 1. ORGANIZATION OF BOARD AND PROCEDURES FOR
HANDLING COMPLAINTS
Section
575:1-1-1. Purpose
575:1-1-2. Organization and proceedings of the Board; petitions for rule making; declaratory rulings
575:1-1-3. Investigation of requests for inquiry
575:1-1-4. Hearings for psychologists
[Authority: 59 O.S., Sections 1351 thru 1360 and 1370 et seq; 75 O.S., Sections 302, 305, and 307]
575:1-1-1. Purpose
The rules of this chapter set forth the kinds of meetings to be held by the Board, the notice to be given of these meetings, and the procedure to be followed during these meetings. They also set forth general procedures for communicating with the Board and for obtaining Board records, as well as procedures for the conducting of the Board's duties and responsibilities, including the handling of complaints against licensed psychologists.
575:1-1-2. Organization and proceedings of the Board; petitions for rule making; declaratory rulings
(a) Meetings. In accordance with the 1977 Open Meeting Law [Title 25, Sections 301 thru 314, of state statutes], all meetings of the Board are open to the public and votes of each member are to be publicly cast and recorded.
(1) Regularly scheduled meetings. The Secretary of State shall be given notice of all regularly scheduled meetings by December 15 of each calendar year, showing the date, time and place of such meetings for the following calendar year. If any change is to be made in the date, time, or place of regularly scheduled meetings, then notice in writing shall be given to the Secretary of State not less than 10 days prior to the implementation of such change. At least 24 hours prior to regularly scheduled meetings, excluding Saturdays, Sundays, and holidays legally declared by the State of Oklahoma, public notice will be given setting forth thereon the date, time, place, and agenda for said meeting. Such notice shall not preclude the consideration of new business providing such was not known about or could not have been reasonably foreseen prior to the time of posting. If a meeting is to be continued or reconvened, public notice of the date, time, and place shall be given by announcement at the original meeting, and only matters appearing on the agenda of the meeting which is continued may be discussed at the continued or reconvened meeting.
(2) Special meetings. Special meetings shall not be held without public notice, indicating the date, time, and place, being given to the Secretary of State at least 48 hours prior to said meeting. In addition, at least 24 hours prior to such a meeting, public notice giving the time, place, and agenda shall be posted in prominent public view in the building containing the office of the Board. In exceptional circumstances, emergency meetings without public notice may be called.
(3) Minutes. The proceedings of all meetings shall be kept in the form of written minutes and shall be open to public inspection.
(b) Official office; Board records. The official office of the Board shall be designated by the Board and all records of the Board shall be kept at the official office.
(c) Submissions to the Board to be in writing. All communications with the Board must be in writing before official consideration will be given to issues, requests, or submissions brought before the Board.
(d) Board monies. The monies received by the Board shall be kept in the Psychologists Licensing Fund, No. 200. Expenditures from said fund shall be subject to the approval of the Board.
(e) Reimbursement for travel expenses. Each Board member, staff member, or other persons who are performing substantial and necessary services for the Board may be reimbursed for expenses incurred under authorized official travel [Pursuant to 74 O.S., Section 500.2 et seq].
(f) Formal and informal procedures. The Board shall have both formal and informal procedures for use, as appropriate, in conducting the business of the Board. Such procedures may involve, but are not limited to, hearings for individuals, questions of legal policy, inquiries concerning Board policies or decisions, or other Board business.
(g) Forms. The Board shall have such forms as are required for the conduct of Board business. Such forms shall include, but are not limited to, application for licensure, application for private practice under supervision, and applications for a psychologist to hire a psychological technician in his/her private practice.
(h) Petitions regarding rules; declaratory rulings. Any interested person may petition the Board requesting the promulgation, amendment, or repeal of a rule. Petitions requesting declaratory rulings as to the applicability of any rule or order of the Board may also be submitted. The Board shall make prompt disposition of all such petitions.
(i) Distribution of rules and regulations; annual directory. The Board shall maintain and publish all regulations and procedures established by the Board on the website for the Oklahoma State Board of Examiners of Psychologists. The website shall contain, in addition to those items required by law [59 O.S., Section 1369], a verbatim copy of the licensing law as well as all rules and regulations duly established by the Board.
(j) Board secretary. The secretary of the Board, as described in 59 O.S., Sections 1358 and 1360, shall be employed by the Board.
(k) Psychological consultant. A qualified individual may be employed by the Board to perform certain activities to further the purposes of the Board. Such activities may include, but are not limited to: issues concerning training, credentialing, professional practice, regulation, ethical matters, and receiving and/or reviewing requests for inquiries; advising the chair in the informal conduct of the Board’s procedures and providing consultation to the Board during its regular and special meetings.
575:1-1-3. Investigation of requests for inquiry
(a) Choice of investigative mode when unlicensed individuals are involved. When violations of the law by unlicensed individuals are brought to the attention of the Board, the Board may conduct an investigation in its own behalf, request investigation by appropriate state agencies, and/or refer the matter to the Office of the Attorney General. The choice of an investigative mode shall depend on the circumstances of the case and shall be made at the discretion of the Board.
(b) Investigative procedure. The following is the procedure for investigation of requests for inquiry against licensed psychologists:
(1) Requirements for requests for inquiry. The investigation of a request for inquiry about a licensed psychologist may be initiated only when the request for inquiry is in writing, signed, notarized, and filed with the Board. The notarized request for inquiry must contain a brief statement setting forth the allegations of fact and naming the licensee or licensees about whom the request for inquiry is filed. The request for inquiry provides the basis for the chairperson and/or vice chairperson of the Board to request an informal meeting with the licensee, whose participation is voluntary, and/or for appointment of an investigator for the case. The Board may receive, accept, process, investigate, act upon, and otherwise dispose of written requests for inquiry which are not in substantial compliance with this subsection if the Board, in its discretion, determines that the request for inquiry otherwise contains sufficient indicia of reliability and/or the allegations can be independently verified by the Board.
(2) Independently verified allegations – written request for inquiry may not be required. In all inquiries, the Board shall require the request for inquiry to be in writing, signed, and notarized. However, alleged violations of the Psychologists Licensing Act which can be independently verified by the Board may not require written request for inquiry.
(3) Selection of investigator. The Board shall select a member or other qualified individual to investigate any request for inquiry regarding any psychologist. This selection may be by majority vote of the Board or by appointment by the chairperson, vice chairperson, or executive officer.
(4) Compensation for expenses. The investigator shall be compensated by the Board for necessary and prudent expenses which are properly documented and approved by the Board.
(5) Investigator’s gathering of information. The Board member or other individual authorized to receive and investigate requests for inquiry shall gather all information necessary to adequately apprise a Probable Cause Committee. The investigation may include interviews with the requesting party, the licensee named in the request for inquiry, and others as appropriate. The licensee will have the opportunity during the investigator’s interview to show compliance with all lawful requirements for the retention of the license. The gathering of information to assist the Board in its disposition of requests for inquiry is the only designated function of the investigator during the conduct of the investigation. Any investigative reports prepared and submitted to the Board’s Probable Cause Committee, the prosecutorial arm of the Board, are to be used solely to determine whether or not to recommend the pursuit of disciplinary action, and thus constitute confidential and privileged work product material, not subject to disclosure. The investigator shall not offer his/her opinions to the requesting party and/or to the licensee. Such opinions shall include but not be limited to the merits of the request for inquiry and/or whether an ethical violation has occurred.
(6) Subpoenas Investigative. The Board may issue subpoenas for the purpose of investigating a request for inquiry following the same procedure as set forth at 575:1-1-4.
(7) Presentation of Probable Cause Committee’s summary and recommendation. The Probable Cause Committee, comprised of the investigator, counsel to the Board and other appropriate individuals, is an advisory body whose function is to summarize the requests for inquiry and to make an informed recommendation regarding disposition of the requests for inquiry to the Board. The Probable Cause Committee’s recommendation will be presented at an open meeting of the Board. The requesting party and the licensee will be given prior written notification of the date, time, and place of that meeting. During the Probable Cause Committee’s presentation, no questions will be posed by or to the licensee or the complaining witness pertaining to the substance of the case. Such questions may be submitted in writing to the representative of the Attorney General’s office following the Board meeting.
(8) Dismissal of request for inquiry by majority vote. Upon consideration of the recommendation of the Probable Cause Committee, the Board may decide not to pursue further the allegations, and may dismiss the request for inquiry by an approving vote of a majority of the members present in open meeting.
(9) Informal disposition of certain requests for inquiry. In some situations including, but not limited to, cases where the inquiry does not allege conduct as described in the Psychologists Licensing Act in Section 1370 or conduct punishable by suspension or revocation of a license, probation, or formal reprimand, the matter may be handled informally. The Board may handle a matter informally by sending an educational letter to the licensee, giving the licensee the opportunity to complete a tutorial, giving the licensee the opportunity to have an educational meeting with a member of the probable cause committee, or any other informal action the Board should deem appropriate. However, no matter can be considered closed until so voted by a majority of the Board in open meeting.
(10) Recusal of Board member. A Board member, acting as the appointed investigator or Probable Cause Committee member, shall be recused from all Board decisions relating to the request for inquiry.
(c) Notification of the disposition of requests for inquiry against licensed psychologists and investigations of them. At the point at which any request for inquiry and/or investigation is resolved, the Board shall inform the requesting party and the psychologist in writing of the disposition of the matter as well as the supporting rationale based on known facts and applicable laws or rules. The Board shall also notify the Attorney General’s Office.
575:1-1-4. Hearings for psychologists
(a) Issuance of formal complaint; setting date for formal hearing. If the request for inquiry and/or the summary and recommendation of the Probable Cause Committee appear to the Board to warrant and support such action, and upon the affirming vote of a majority of the members present in open meeting, the Board prosecutor shall file a complaint on behalf of the Board (the Board vs. the licensee) to initiate an individual proceeding and the Chair of the Board or Executive Officer shall set the date, time, and place for a formal hearing. Notice shall be served as specified in Section 1370 (C and E) of the Psychologists Licensing Act, except that notice shall be served twenty (20) days before the date of the hearing.
(b) Purpose of formal hearing. The formal hearing will be an administrative proceeding held to determine whether or not a licensee should be disciplined due to alleged improper conduct. The purpose of the proceeding will be that of insuring the overall public interest inherent in such matters and not that of vindicating a private wrong alleged to have occurred to the complaining witness. As such, the complaining witness will become a witness only in the Board’s proceedings and is not a party to the Board’s action.
(c) Notice to licensee. The licensee named in the Board’s complaint shall be notified by certified or registered mail. This notification shall include a copy of the Board’s complaint, an explanation of rights, and the date, time, and location of the Board meeting at which the Board will hold its formal hearing regarding the complaint. The notice shall also include other information as required in the Administrative Procedures Act. The explanation of rights shall include the following alternatives regarding the licensee’s response to the Board’s complaint: The licensee may be represented at the hearing in writing, in person, or by counsel. If the licensee does not so appear, the Board may, within its discretion, summarily revoke or suspend the accused’s license or may issue a formal reprimand. The Board shall record its findings and order in writing.
(d) Notice to other persons. The Board shall also notify other persons whose presence is required of the date, time, and place of the hearing. Notice shall be served as specified in Section 1370 (C and E) of the Psychologists Licensing Act.
(e) Discovery. Discovery by either the Board or the licensee shall be limited to the forms of discovery permitted by the Oklahoma Administrative Procedures Act. Requests for discovery under this section must be made at least 10 days before the hearing.
(f) Subpoenas
(1) Issuance of subpoenas for witnesses and physical evidence. The Board may compel the attendance of witnesses, and the production of physical evidence before it from witnesses, upon whom process is served by subpoena anywhere within the state. Such subpoenas will be issued over the signature of the chairperson or vice chairperson and the seal of the Board.
(2) Service of subpoenas. From the institution of formal Board proceedings, subpoenas will be issued on behalf of the licensee or the Board as specified in Section 1370(E) of the Psychologists Licensing Act. Service of the subpoena will be the responsibility of the requesting party. Subpoenas shall be served and return made in the manner prescribed by general civil law.
(g) Order of procedure. The order of procedure at the hearing shall be as follows:
(1) Opening statements by legal counsel of both parties;
(2) Presentation of evidence by both parties followed by cross- examination of witnesses, and questions by State Board members;
(3) Closing arguments by legal counsel of both parties; and
(4) Submission of case to the Board for decision.
(h) Rules of evidence. Formal rules of evidence shall not apply. Rules of evidence shall be those specified in the Administrative Procedures Act.
(i) Hearing officer. In accordance with 1370 (D), the Board or the presiding member of the Board may direct that the board utilize a hearing officer to hear matters specified by the Board or by the presiding member. The duties of the hearing officer shall be specified in writing prior to the assumption of the duties. The duties may include, but are not limited to, any of the following:
(1) to hear and rule upon pretrial discovery disputes.
(2) to hear and rule on Motions in Limine.
(3) to review Motions to Dismiss in order to advise the Board on questions of law therein.
(4) to hear and rule on Motions for Continuance of a hearing.
(5) to hear and rule on other preliminary motions.
(6) to hear and rule on motions to have a Board member recused from a
hearing.
(7) to mark, identify and admit or deny exhibits.
(8) to rule upon objections made during the hearing.
(j) Questioning of witnesses. Notwithstanding subsection (i), a quorum of the Board shall be present at the hearing and may, in accordance with the procedures noted in the Administrative Procedures Act, direct questions to the witnesses.
(k) Administration of oaths. The Board may administer oaths through the chairperson, vice chairperson, or the hearing officer.
(l) Evidentiary rulings. Subject to subsection (i), the presiding member of the Board shall rule on the admissibility of evidence. The rulings of the presiding member shall be the rulings of the Board unless reversed by a majority vote of the Board.
(m) Attorneys. A representative of the Attorney General’s Office or, if the Board chooses, a private attorney licensed in the State of Oklahoma and engaged by the Board, shall serve as the prosecutor of the Board’s case. The respondent psychologist may be represented by a personally engaged attorney.
(n) Majority vote. Disciplinary action to be taken as a result of the hearing shall require a majority vote of the Board members present.
(o) Record of hearing. A record of the formal hearing will be made by audio recording or by a court reporter. A written transcript shall be provided by the secretary of the Board upon written application and a deposit sufficient in amount to have the record transcribed or copied, the deposit to be paid by the individual requesting the written transcript. The audio file and/or transcript shall be kept on file in the Board office for one year.
(p) Order setting forth findings of fact and conclusions of law.
(1) The Board shall establish the findings of fact and conclusions of law in summarizing the outcome of a hearing. The Board will issue and record its order as authorized in Section 1370(D) of the Psychologists Licensing Act.
(2) The order of the Board will be effective immediately.
(3) The Board may revoke a license, suspend it for a period of time, place the psychologist on probation with specific conditions of time, place the psychologist on probation with specific conditions of probation, reprimand the psychologist, or impose a combination of such sanctions. The Board may revoke the probation for failure to comply with the conditions and exact the penalty.
(4) Copies of the order shall be sent by certified mail to the licensee and to the licensee's attorney, kept in the permanent Board file, and made available to other psychologist licensing jurisdictions.
(q) Petitions for rehearing. A petition for rehearing, reopening, or reconsideration of an adverse final order may be filed with the Board within 10 days from the day upon which the licensee is served with the written order of the Board. It must be signed by the penalized licensee, or that licensee’s attorney, and must set forth with particularity the statutory ground upon which it is based. However, a petition for rehearing based upon fraud by any party or procurement of the order by perjured testimony or fictitious evidence may be filed at any time. Such petition must be accompanied by sworn affidavit. Upon receipt of such petition, it shall be turned over to the Board member or other authorized individual responsible for complaints, who shall proceed to investigate in the manner prescribed in 575:1-1-3 for investigation of complaints.
(r) Monitoring compliance with Board order. The Board shall be responsible for monitoring compliance with an order of the Board.
(s) Procedure for appeal of Board rulings. A psychologist who feels aggrieved by reason of the suspension or revocation of his/her license, or of a probation or reprimand, may file suit within thirty (30) days after receiving notice of the Board’s order in the district court of Oklahoma County, or in the district court of the county of his residence, to annul or vacate the order of the Board. The suit shall be filed against the Board as defendant, and service of process shall be upon either the chairperson or secretary of the Board. The suit shall be tried by the court without a jury and shall be a review of the record, but the burden of proof and the cost of transcribing the record are upon the plaintiff assailing the order of the Board. The judgment of the district court may be appealed to the Supreme Court of Oklahoma in the same manner as other civil cases.
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CHAPTER 10. LICENSURE OF PSYCHOLOGISTS
Section
575:10-1-1. Purpose
575:10-1-2. Requirements to become licensed as a psychologist
575:10-1-3. Private Practice Under Supervision
575:10-1-3.1 Institutional Practice Under Supervision
575:10-1-4. Fees for applicants
575:10-1-5. Psychologists’ licenses, license status; public inquiries
575:10-1-6. Directory listing of licensed psychologists
575:10-1-7. Hiring of psychological technicians by psychologists
575:10-1-8. Continuing education for psychologists
575:10-1-9. Fees after becoming licensed as a psychologist
575:10-1-10. A Code of Ethics for psychologists
575:10-1-11. Telepsychology.
[Authority: 59 O.S. Section 1353.4, 1361 et seq]
575:10-1-1. Purpose
The rules of this chapter set forth the requirements to become licensed as a psychologist and also give the provisions affecting licensed psychologists.
575:10-1-2. Requirements to become licensed as a psychologist
(a)�?� Application.�?� Persons desiring licensure as a psychologist may obtain official application information from either the Board office or the Official Board Website.�?� Applicants are required to submit a non-refundable four hundred dollar ($400.00) application fee in the form of a personal or certified check or acceptable money order.�?��?� A minimum of three references from licensed psychologists shall be required for each applicant.�?� Board members shall not serve as references for applicants except to verify portions of completed training or experience.
(b)�?� Consideration of application.�?� The Board may appoint a committee to consider and approve, the request of each applicant to take the examination for licensure as a psychologist under 59 O.S., Section 1362. In instances where the applicant fails to complete the requirements for licensure within five years of the date of approval, the Board may destroy the application and all related documents.
(c)�?� Doctoral programs.�?� Applicants for licensure shall have completed a doctoral program in psychology that is accredited by the American Psychological Association (APA), unless the doctoral program meets any of the following exceptions:
(1)�?� Areas where no accreditation exists. This exception applies to doctoral programs, within the United States, that are in specialty areas of professional psychology that are not accredited by the APA.
(2)�?� New specialty areas of professional psychology.�?� When a new specialty of professional psychology is recognized as being within the accreditation scope of the APA, doctoral programs within that specialty will be afforded a maximum transition period of eight (8) years from the first class of students to the time of accreditation.�?� To be eligible for this exception the program must have a pending application for accreditation with the APA at the time of the applicant’s application for licensure.�?�
(3)�?� New doctoral programs in specialty areas currently within the scope of APA accreditation. This exception is available to new doctoral programs developed in APA accredited specialty areas of professional psychology.�?� A doctoral program is only eligible for this exception during a maximum transition period of eight (8) years from the first class of students to the time of accreditation. To be eligible for this exception the program must have a pending application for accreditation with the APA at the time of the applicant’s application for licensure.�?�
(4)�?� Applicants trained in institutions outside the United States shall have completed a doctoral program in psychology that is accredited by the Canadian Psychological Association or that is deemed the equivalent of a program accredited by the APA by the Board in its sole discretion.�?� The Board shall consider, but is not limited to, determinations made by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services or from a recognized foreign credential evaluation service approved by the Board.
(d)�?� All doctoral programs in 575:10-1-2(c) shall meet all of the following criteria:
(1)�?� The doctoral program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program.�?� Such a program must specify in pertinent institutional catalogs and brochures its intent to educate and train psychologists.
(2)�?� The psychology program must stand as a recognizable coherent organizational entity within the institution.
(3)�?� There must be clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines.
(4)�?� The program must be an integrated, organized sequence of study.
(5)�?� The program must have an identifiable psychology faculty and a psychologist responsible for the program.
(6)�?� The program must have an identifiable body of students who are matriculated in that program for a degree.
(e)�?� Practica and internship required.�?��?� The assessment of mental, emotional, or behavioral disorders and/or the treatment of individuals, couples, families, or groups with such disorders, by psychologists, requires a doctoral degree from an academic program designed to train psychologists to provide these services which integrates coursework and other experiences toward the goal of training psychologist practitioners. Practica and an internship experience are required.
(f)�?� Evaluating doctoral programs.�?��?� The doctoral program shall be documented in writing to the Board by official transcript. �?�The official transcript shall document the name of the department granting the degree, the date of completion of the degree requirements, and the major program of study. A certified letter from the Registrar, with the above-mentioned information, may be submitted as documentation until an official transcript is available for submission to the Board. Applicants trained in institutions outside the United States, besides those accredited by the Canadian Psychological Association, shall submit an evaluation of their doctoral program as described in 575:10-1-2(c)(4).�?� All doctoral programs submitted for review under this subsection will be evaluated by the following criteria:
(1)�?� Except in school psychology, the three academic years leading to the doctoral degree must include a minimum of two years of full-time, on campus, graduate study (excluding internship).�?� In school psychology, the three academic years leading to the doctoral degree must include a minimum of one year of full-time, on campus, postmaster’s graduate study as defined by the institution (excluding internship).
(2)�?� At least forty-two (42) hours of the specified course work must be primarily psychological in content.�?� The applicant must have a minimum of three (3) or more graduate semester hours in each of the following substantive content areas, for a total of twenty-one (21) hours:
(A)�?� scientific and professional ethics and standards,
(B)�?� research design and methodology,
(C)�?� statistics and psychometrics,
(D)�?� biological bases of behavior [e.g. physiological psychology, comparative psychology, neuropsychology, sensation, psychopharmacology].
(E)�?� cognitive-affective bases of behavior [e.g. learning, memory, perception, cognition, thinking, motivation, emotion].
(F)�?� social bases of behavior [e.g. social psychology, cultural, ethnic, and group processes, sex roles, organization and systems theory], and
(G) �?�individual behavior [e.g. personality theory, human development, individual differences, abnormal psychology].
(3)�?� The remaining twenty-one (21) hours of specified course work may be in the foregoing basic areas or in courses pertaining to the specific program of study.
(g)�?� Doctoral degree in area related to psychology not sufficient.�?��?� The possession of a doctoral degree from an area related to psychology does not qualify one for licensure as a psychologist.�?� This includes, but is not limited to, applicants with degrees in special education, pastoral psychology (or counseling), counseling and guidance, speech and hearing, and counselor education.
(h)�?� Supervised experience.�?��?� An applicant for licensure as a psychologist must have two years of supervised experience satisfactory to the Board. �?�These two years of experience must be as a psychologist and in line with the applicant’s major program of study for the doctoral degree.�?� Supervisors may not be members of the psychologist’s immediate family or other individuals with whom the necessary level of objectivity cannot be maintained.�?� This will include, but is not limited to, spouses, children, siblings, and parents or anyone with whom the psychologist has an emotionally or sexually intimate relationship.�?��?� Any experience gained under such supervision will be disallowed.�?� �?�
(i)�?� General requirements for predoctoral internships.�?��?� An applicant for licensure as a health service psychologist must have completed an internship experience pursuant to 575:10-1-6(b)(5). A predoctoral internship may be used to partially fulfill the two-year experience requirement for licensure. Under no circumstances may more than 2,000 hours of predoctoral internship experience as an intern be accepted.�?� The predoctoral internship must be consistent with the major program of study in the doctoral program, which was documented in writing to the Board by the accredited institution [see 575:10-1-2(e)].�?� Predoctoral internships must be an organized program designed to provide a planned, programmed sequence of training experience. The predoctoral internship must provide a training experience in a range of assessment and treatment activities conducted directly with patients or clients seeking psychological services. The following are required for a predoctoral internship:
(1)�?� At least 25 percent of the trainee’s time must be in direct patient or client contact,
(2)�?� training is at the post-coursework, post candidacy, post-clerkship, post-practicum, post-externship level,
(3)�?� A written statement or brochure must be available which describes the goals and content of the internship, states clear expectations for the quantity and quality of trainee’s work and is furnished to prospective interns,
(4)�?� must have a clearly designated licensed psychologist, who is responsible for the integrity and quality of the training program, and
(5)�?� shall be a full-time experience (40 hours per week) either for one calendar or academic contract year, or a half-time experience (20 hours per week) for two calendar or academic contract years (total of 2,000 hours, except for an academic setting it is 1,500+ hours). An academic contract year means the school year of the elementary or secondary school setting in which an intern is fulfilling the internship requirement.�?�
(j)�?� Supervision in predoctoral internships. �?� Supervision must be conducted by a licensed staff psychologist who is trained in the applicant’s major program of doctoral study, or a closely related program �?� For school psychology internship, the licensed psychologist may be employed in a setting other than the school district in which the internship is situated. Supervision shall meet the following criteria:
(1)�?� Interns must have experience with three or more licensed psychologists' supervisors (two or more for those in an academic setting).
(2)�?� Supervision shall consist of an average of at least 10 percent of the full-time or half-time intern’s week (200 hours, except in an academic setting where it is 150+ hours).�?�
(3)�?� At least half of the supervision (minimum of 100 hours, except in an academic setting it is 75+ hours) must be regularly scheduled, formal, face-to-face, individual supervision by one or more licensed psychologists with the intent of dealing with psychological services rendered directly by the intern. The remaining half of the supervision may be conducted individually or in a group by licensed psychologists as appropriate to the internship experience.�?�
(4)�?� The internship agency should have a minimum of two interns at the internship level of training during the applicant’s training period.
(k)�?� Hybrid Supervision. For internships and/or post-doctoral experiences, no more than fifty (50) percent of the minimum required hours of individual supervision and no more than fifty (50) percent of the additional required hours of supervision shall be conducted virtually.
(l)�?� Postdoctoral experience.�?��?� At least one year of the two-year experience requirement must be postdoctoral experience as a psychologist and in line with the applicant’s major program of doctoral study as determined according to the procedure stated in 575:10-1-2(e).�?�
(1)�?� The postdoctoral experience shall be full-time (40 hours per week) either for one calendar or academic contract year, or a half-time experience (20 hours per week) for two calendar or academic contract years (total of 2,000 hours, except for an academic setting it is 1,500+ hours) of appropriate experience, or equivalent, for a period not to exceed three years. An academic contract year means the school year of the elementary or secondary school setting in which the postdoctoral experience is fulfilled. �?��?��?�
(2)�?� The postdoctoral experience must be under the supervision of a licensed psychologist(s) who was trained in the applicant’s major program of doctoral study, or a closely related program, and who is currently engaged in rendering psychological services relevant to that training.�?�
(3)�?� Applicants must have received and accumulated 75 hours of regularly scheduled, formal, face-to-face, individual supervision from his/her supervisor(s) reasonably distributed throughout each month of the postdoctoral experience.
(4)�?� The postdoctoral experience does not have to be in a private setting.
(5)�?� Applicants completing their postdoctoral experience in an academic or clinical research setting, a minimum of two-years is required to fulfill the Health Service Psychologist requirements.�?� An applicant is required to spend 50% of his/her time performing the following activities:
(A)�?� Direct service/multiple client contacts per week (minimum of five clients) including service in an agency or university-based clinic, or in a private practice under supervision.�?� Minimum for applicants in an academic or clinical research setting is 250 hours per year, for a minimum of two years, over the course of the postdoctoral supervision experience.
(B)�?� Academic or clinical research setting applicants may also perform any of the following activities:
(i)�?� Modeling and demonstrating clinical techniques, including assessment and therapy.
(ii)�?� Supervision of clinical services, wherein the faculty supervisor assumes direct responsibility for supervisee's clinical work.
(iii)�?� Conducting workshops or community groups or public presentations on mental health related topics.
(6)�?� The postdoctoral experience of applicants who desire a Health Service Psychologist designation must also meet the requirements of 575:10-1-6(b)(5)(B).
(m)�?� Examination process.�?��?� The full examination for licensure shall consist of two component examinations:
(1)�?� Objective examination.�?� An objective examination in basic psychology, known as the Examination for Professional Practice in Psychology ("EPPP"), all parts of the exam, as required by the Board.
(2)�?� Jurisprudence examination.�?��?� A jurisprudence examination based on the Rules of the Board, Psychologists Licensing Act, Code of Ethics and applicable Oklahoma Mental Health Law.
(n)�?� Passing scores on examinations.�?��?� An applicant is deemed to have passed the objective examination if he/she has obtained at least the minimum pass point designated by the developer of the examination.�?� An applicant is deemed to have passed the jurisprudence examination if he/she has 70 percent of the total items correct.�?��?�
(o)�?� Notification of results.�?��?� All applicants will be notified by mail of the results of each component examination within 30 days of the examination date.�?� At the request of the applicant, specific information about his/her performance on any component examination will be provided to the extent the integrity of the exam is not violated.
(p)�?� Re-examination.�?��?� If either of the two component examinations is failed a total of four times, the application process shall cease.�?� The former applicant may reapply for licensure by submitting a new application for consideration by the Board in accordance with the requirements to become licensed as a psychologist.
(q)�?� Waiver of portion of examination or re-examination.�?� Failure on either portion of the licensing examination will be considered failure of the entire examination for purposes of licensing; however, satisfactory performance on the objective examination or jurisprudence examination will be grounds for waiver of that portion of the examination for future re-examination.
(r)�?� Confidentiality of exam scores.�?� Exam results shall be kept confidential by the Board.
(s)�?� Licensing by endorsement.�?��?� Applicants for licensure by endorsement may only be licensed if they meet the requirements in 59 O.S. Section 1366(2).
(t)�?� Post-Military Service Applicants.
(1)�?� The Board shall consider the equivalent education, training and experience completed by an applicant while the applicant was a member of the United States Armed Forces or Reserves, National Guard of any state, the Military Reserves of any state, or the Naval militias of any state, and apply it in the manner most favorable toward satisfying the qualifications for licensure.
(2)�?� While examining the education, training and experience completed by an applicant while the applicant was a member of the military as described in the preceding paragraph, the Board may consider, but is not limited to, determinations made by institutions of higher education based on the Guide to the Evaluation of Educational Experiences in the Armed Services, published by the American Council on Education.
(u)�?� Disqualifying offenses. Pursuant to 59 O.S, § 4000.1, the Oklahoma State Board of Examiners shall maintain a list of offenses under Oklahoma law that could disqualify a person from obtaining a license under the Oklahoma Psychologists Licensing Act (59 O.S. § 1351-1376).�?�
(1)�?� The offenses included on the list substantially relate to the practice of psychology and pose a reasonable threat to public safety. The list of disqualifying offenses is available on the Board's website or by contacting the Board office and requesting the current list. The Board may modify the list as needed to protect the public health and safety.
(2)�?� Individuals may request an initial determination from the Board regarding whether the individuals' criminal history would disqualify that individual from obtaining a license.�?� Such request must be in writing and directed to the Board. The individual must submit a copy of their criminal history and any related documents and court records that specify the criminal history of the individual. A ninety-five dollar ($95.00) fee shall accompany any request for initial determination.�?� The fee shall be collected by the Board office prior to the determination.
(3)�?� If an individual has a criminal history that includes offenses from another state or federal law violations, the offenses will disqualify an individual if the conduct would also be a crime under Oklahoma law.
(4)�?� The individual may appeal the Board's initial determination of disqualification by submitting a request in writing of the circumstances the individual would like the Board to consider.�?� The Board may discuss the individual appeals at any scheduled meeting of the Board.�?� The individual may be allowed to address the Board during public comment by signing in at the beginning of the meeting at which the appeal may be on the agenda.
575:10-1-3. Private Practice Under Supervision
(a)�?� Purpose.�?��?� The purpose of this provision is to provide an opportunity for individuals to fulfill the experience requirements for licensure in psychology in other than academic, governmental, or institutional settings.�?� The applicant for such approval is considered to be requesting entrance into the established practice of a licensed psychologist for the purpose of gaining supervised experience.
(b)�?� Not an independent practitioner.�?� The applicant, if approved to conduct Private Practice Under Supervision, is not authorized to represent him/herself as an independent practitioner of psychology to the public.
(c)�?� Application;�?� eligibility;�?� approval.�?��?� Application for approval to Practice Psychology Under Supervision shall be submitted on a form approved by the Board and shall include an agreement, , signed by both the applicant and proposed supervisor. The agreement shall contain an explicit statement indicating that the supervisor agrees to supervise the practice of psychology of the applicant, and that the supervisor has read, understands and agrees to the provisions of the law with respect to practice under supervision, 59 O.S., Section 1353(8) to wit, that the supervisor accepts complete and full responsibility for the psychological activities and services of the applicant.�?� �?� Approval will be extended only to those whose training and experience would qualify them for licensure after completion of the experience requirements of the law, except for the second year of supervised experience as required in 575:10-1-2(I), and has been approved by the Board or a committee selected by the Board to sit for examination.�?� Approval for practice under this provision shall be for a period of one calendar year dating from the date of approval by the Board of the application for Private Practice Under Supervision or until date of licensure.�?� Extension of this approval shall be considered only upon written request of the supervisee and such request must be received prior to the end of the one-year period of previous approval.
(d)�?� Written agreement between applicant and supervisor.�?��?� Applications for approval to engage in Private Practice Under Supervision shall include a written agreement, co-signed by the applicant and his/her supervisor, describing the terms of the supervisory arrangement.�?� Said terms must include supervision time amounting to at least 90 minutes weekly and a statement of fees charged for supervisory time, the extent of the applicant's services rendered to the public while practicing under supervision, and an evaluation of the quality of the applicant's professional and interpersonal skills for rendering services to the public.
(e)�?� Notice of decision.�?� The individual applicant for approval for Private Practice Under Supervision shall be notified in writing as to the decision of the Board or committee with respect to said application.�?�
(f)�?� Preparation and distribution of certain announcements forbidden.�?��?� Persons approved for the private practice under supervision are not authorized to represent themselves as independent practitioners of psychology.�?� Preparation or distribution of announcements of practice, independent telephone listings, or other such notices shall be in violation of the authorization to practice under supervision and will lead to automatic revocation of the approval for practice under supervision.
(g)�?� Terminate responsibilities and obligations.�?� Any individual practicing psychology under supervision must take the Examination for Professional Practice in Psychology (EPPP) and Jurisprudence Examination no later than one calendar year after the day permission to practice under supervision is granted.�?� Failure to take the examination within the designated time period shall result in automatic revocation of the approval to practice under supervision.�?� An individual approved for Private Practice Under Supervision who fails all or part of the examination for licensure, may be granted an extension of the approval for Private Practice Under Supervision; however, such approval shall be automatically revoked if the individual does not attempt re-examination within one calendar year from the date of the completion of the last part of the examination which was previously attempted.�?� Under unusual circumstance, such as military service or major illness, an applicant may be granted an extension of the approval to practice until the next examination which the supervisee might reasonably be expected to attempt.�?��?� If the applicant fails any of licensing examination four times, then approval for practice under supervision will automatically be revoked.
(h)�?� Requirements for supervisors.�?��?� Permission to practice psychology under supervision shall be granted to applicants who otherwise qualify, only if the supervisor for their practice is:
(1)�?� A psychologist who has been licensed for two years and in good standing.
(2)�?� Trained in the same major program of study as the applicant's doctoral training and who will supervise the candidate in work consistent with that major program of study.
(3)�?� Currently engaged in a private practice rendering psychological services to the public on at least a 10-hour weekly basis.
(4)�?� Is not a member of the psychologist's immediate family nor an individual with whom the necessary level of objectivity can be maintained.�?� This will include, but is not limited to, a spouse, children, siblings, and parents or anyone with whom the psychologist has an emotionally or sexually intimate relationship.
(i)�?� Supervisor's responsibility.�?��?� As per 59 O.S., Section 1353(8), the supervising psychologist accepts full and complete responsibility for all professional conduct of the supervisee; all professional responsibility resides with the supervisor, not with the supervisee.�?� The supervisee will be considered to have joined the practice of the supervisor. The supervisory psychologist will normally be expected to accept no more than three supervisees under the provision of this section.�?� Exceptions to this limit may be approved by the Board if the Board determines that adequate supervision will be provided by the proposed relationship.
575:10-1-3.1. Institutional Practice Under Supervision
The purpose of this provision is to provide an opportunity for individuals to fulfill the experience requirements for licensure in psychology in recognized institutional settings. The applicant for such approval is considered to be requesting to work under the supervision of a licensed psychologist in an institutional setting for the purpose of gaining supervised experience. The licensed psychologist providing the supervision is not required to be employed by an institution. The other conditions, limitations, and regulations of this provision are to follow those of Private Practice Under Supervision.
575:10-1-4. Fees for applicants
(a) Application fee. The application fee for licensure as a psychologist shall be four hundred dollars ($400.00), and shall be submitted with the application for licensure.
(b) Re-examination fee. The fee for each written Jurisprudence re-examination for licensure as a psychologist shall be one hundred dollars ($100.00).
(c) Fee required to engage in private practice under supervision. The fee for applicants for licensure as psychologists authorized to conduct private practice under supervision shall be two hundred dollars ($200.00) per year. Such fee shall be submitted with the application for approval to conduct such practice. The fee for each additional year of practice, if continued practice under supervision is authorized, shall not exceed two hundred dollars ($200.00) and shall be due on the anniversary date of approval for Private Practice Under Supervision. These fees may not be used to reduce or eliminate the fee for licensing.
(d) Fee required to engage in institutional practice under supervision. The fee for applicants for licensure as psychologists authorized to conduct Institutional practice under supervision shall be two hundred dollars ($200.00) per year. Such fee shall be submitted with the application for approval to conduct such practice. The fee for each additional year of practice, if continued practice under supervision is authorized, shall not exceed two hundred dollars ($200.00) and shall be due on the anniversary date of approval for Institutional Practice Under Supervision. These fees may not be used to reduce or eliminate the fee for licensing.
575:10-1-5. Psychologists' licenses; license status; public inquiries
(a)�?� License issued by Board.�?��?� The license shall be issued to each applicant found to meet the requirements for licensure as a psychologist established by the Board.�?� All licensees shall be required to practice only within their major program of doctoral study and supervised experience.
(b)�?� Status of licenses.�?��?� There shall be three types of status for licenses of psychologists:
(1)�?� Active license.�?��?� An active license is a license which has been issued or renewed by the Board for the current calendar year by payment of the appropriate fee.�?� The renewal fee shall not exceed four hundred dollars ($400.00) each year and is due prior to January 1 of each year.�?� The active status shall be the only status which is valid for the practice of psychology.�?� It is the responsibility of each licensed psychologist to keep the Board informed of his/her current address.
(2)�?� Inactive license.�?��?� A license may be placed on inactive status by payment of a one-time fee not to exceed two hundred dollars ($200.00).�?� Licenses on inactive status shall not be valid for the practice of psychology; however, active status may be re-established, without penalty, upon receipt of the following:
(A) �?�payment of the current renewal fee,
(B)�?� documentation of having completed the minimum number of acceptable continuing professional education credits required for the current renewal year as specified in 575:10-1-8,
(C)�?� written verification of licensure if licensed in another jurisdiction,and
(D)�?� the board establishes that there are no known impediments to licensure [pursuant to 59 O.S., Section 1370] and there are no unresolved complaints on file with this Board or the Board of another state.�?� Inquiries concerning the credentials of psychologists whose licenses are on inactive status shall be honored by the Board.
(3)�?� Invalid license.
(A)�?� Invalid license for nonpayment of renewal fee.�?� A license shall be on invalid status when the Board has not received the renewal fee or inactive fee by December 31 of the year the �?� license was issued or last renewed.�?� When this occurs, the license is invalid for the practice of psychology until it is again renewed.�?� Active status may be re-established upon receipt of the following:
(i) payment of the current renewal fee, plus penalty,
(ii)�?� documentation of having completed the minimum number of acceptable continuing professional education credits required for the current renewal year as specified in 575:10-1-8,
(iii)�?� written verification of licensure if licensed in another jurisdiction, and
(iv) the Board establishes that there are no known impediments to licensure [pursuant to 59 O.S., Section 1370].�?� Inquiries to the Board concerning the credentials of psychologists whose licenses are invalid shall be answered with the statement that the licensee does not hold a valid license to practice in the state of Oklahoma.
(B)�?� Invalid license for noncompletion of continuing professional education requirement.�?� A license shall be on invalid status as of December 31 of the year the license was issued, or last renewed, if the psychologist has not completed the minimum number of acceptable continuing professional education credits required for the current renewal year as specified in 575:10-1-8.�?� When this occurs, the license is invalid for the practice of psychology until it is again renewed.�?� Documentation of having completed the minimum number of acceptable continuing professional education credits required for the current renewal year as specified in 575:101-1-8, together with verification ruled acceptable to the Board, shall reinstate the license to active status if the Board establishes that there are no known impediments to licensure [pursuant to 59 O.S., Section 1370].�?� Inquiries to the Board concerning the credentials of psychologists whose licenses are invalid shall be answered with the statement that the licensee does not hold a valid license to practice in Oklahoma.
(c)�?� Public inquiries regarding licensees.�?� Inquiries to the Board concerning the credentials of a psychologist shall be answered by providing information about the status of the psychologist’s license and whether or not there are any known impediments to licensure, prior disciplinary action, and/or unresolved Board complaints with this Board or the Board of another state.
(d)�?� Name change. �?�Each Psychologist with a change of name shall:
(1)�?� Provide certified evidence (a copy of marriage license or court action) to the Board regarding any change of name, and
(2)�?� Submit a fee as established by the Board, to accompany the change of name request.
575:10-1-6. Directory listing of licensed psychologists
(a)�?� Information included in directory. The Board shall publish a directory listing annually of all psychologists currently licensed as psychologists [Title 59 O.S. , Section 1369].�?� The listing shall include the licensee’s name, business address and telephone number, doctoral degree and date, department and university granting the degree, major program of doctoral study, license number, and date licensed.�?� The listing will also indicate if the licensee is Board Certified with the American Board of Professional Psychology (ABPP), has Health Service Psychologist certification (HSP), or has acquired a different major program of study based upon formal, doctoral-level retraining and completion of experience requirements consistent with the new program of study.
(b)�?� Specialty listings in the directory.
(1)�?� Continuation of specialty listings established by previous Board rules.�?� Psychologists licensed under previous Board rules which included the listing of a specialty, will continue to have that specialty listed in place of "major program of study".
(2)�?� Listing of major program of study.�?��?� The major program of study will be taken directly from the official transcript and only the doctoral program will be listed.�?� However, if the transcript is nonspecific, e.g., "psychology", the Board will specify the program from written information supplied by the head of the department from which the doctoral degree was obtained.�?� No major program of study will be listed unless the Board has determined that the psychologist has satisfactorily completed all requirements for licensure including postdoctoral experience consistent with that program listing.�?� If an applicant for licensure or a psychologist was formally admitted to a doctoral retraining program and completed all academic and training requirements for a new major program of study the doctoral program shall be documented in writing to the Board by official transcript. �?�The official transcript shall document the name of the department granting the degree, the date of completion of the degree requirements, and the major program of study.�?� A certified letter from the Registrar, with the above-mentioned information, may be submitted as documentation, until an official transcript is available for submission to the Board.
(3)�?� Retraining.�?� Accumulation of courses is not accepted in lieu of a formal retraining program.�?� The formal retraining program must be a defined, integrated, doctoral level program in a regionally accredited university.�?� Only a completed formal retraining program, supplemented by work experience consistent with that program and necessary to meet licensure requirements, will be listed in the directory.
(4)�?� Multiple listings.�?� A psychologist may have more than one "major program of study" listed, based on formal and full doctoral retraining, provided that all licensure requirements are met for each program.
(5)�?� Health Service Psychologist.�?��?� The purpose of establishing a Health Service Psychologist certification is to protect the public, and to assist agencies and the courts by defining those psychologists who are, by training and supervised experience, qualified to provide professional psychological services to the public.�?� In order to qualify for certification as a Health Service Psychologist, a psychologist licensed in the State of Oklahoma must:
(A) be Board Certified by the American Board of Professional Psychology,�?� or
(B) have two years of supervised experience in health services psychology, one of which is a doctoral internship consistent with their university doctoral program in an organized health services training program, and one of which was post-doctoral at a site where health services are provided.
575:10-1-7. Hiring of psychological technicians by psychologists
(a)�?� Application to hire a psychological technician.
(1)�?� A licensed psychologist may apply for approval to employ a technician by submitting the following information in writing to the Board of Examiners and paying the application fee pursuant to 575:10-1-9:
(A)�?� the name and address of the proposed technician, and
(B)�?� the qualifying academic training and work experience of the technician, and
(C)�?� the specific activities and services to be perform by the technician, and
(D)�?� the arrangements and extent of continuing supervision to be provided.
(2)�?� The information in (1) of this subsection must be supplied by submitting:
(A)�?� an agreement form
(B)�?� a vita, and
(C)�?� complete academic transcripts for the technician.
(b)�?� Non-exempt hospital or clinic settings.�?� Psychologists working in settings other than state agencies must also provide the Board with a written statement from the appropriate administrator(s) acknowledging the psychologist’s authority to hire and, if necessary, to terminate the technician’s employment, and to regulate the activities and services of the technician.�?� The written statement must also indicate that hospital or clinic policies will not prevent the licensed psychologist from abiding by all of the conditions specified in this section.
(c)�?� Use of certain individuals as psychological technicians forbidden.�?��?� Psychologists may not hire or continue to use as psychological technicians, members of their immediate families or any other person whose employment might affect detrimentally the psychologist’s objectivity.�?� This will include, but is not limited to, spouses, children, siblings, parents, or anyone with whom the psychologist is having an intimate emotional or sexual relationship.
(d)�?� Limitation on activities of psychological technicians.
(1)�?� All activities and services performed by a psychological technician must be under the direct and continuing professional supervision of the licensed psychologist.�?� The licensed psychologist must notify the Board and all concerned parties in writing should conditions change so that the licensed psychologist is no longer assuming the role of supervisor.�?� In such case, the status of the individual who was a psychological technician and the psychological activities performed by that individual must cease since the condition of the agreement are no longer being met.
(2)�?� Activities performed by the technician are not to be used to fulfill postdoctoral requirements for licensure.
(3)�?� Activities performed by the technician are not to be used to develop a private practice for the technician.
(4)�?� Activities and services exempt from licensure are limited to those activities of the technician that provide assistance to the licensed psychologist in the conduct of that psychologist’s practice.
(5)�?� Work assignments shall be commensurate with the skills of the technician and procedures shall under all circumstances be planned in consultation with the supervisor.
(6)�?� Technicians shall work under the direction of the supervisor and provide services only at those times when the licensed psychologist is available physically onsite or through telemedicine or direct telecommunications for consultations.
(7)�?� A psychological technician shall be under the direction and supervision of a licensed psychologist who is employed by the same organization/company/private practice in which the psychological technician is employed.�?� Supervision of the psychological technician may not be delegated to another licensed psychologist not approved by the Board, regardless if the psychologist is employed in the same organization/company/ private practice as the supervisor.
(A)�?� Every supervisor of a psychological technician shall be responsible for supervising the psychological functions performed by the psychological technician and ensuring that the extent, type, and quality of the psychological functions performed by the technician are consistent with the supervisor's training and experience, and that the technician complies with the provisions of the code, the Board's regulations, and the standards established by the American Psychological Association.
(B)�?� The supervisor shall inform each client or patient prior to the rendering of services by the psychological technician that the technician is under the direction and supervision of the supervisor as an employee and that the supervisor shall have access to the patient's chart in fulfilling his/her supervision duties.
(C)�?� The supervisor will have personal contact with all clients and patients in order to plan effective and appropriate service and define procedures that the psychological technician will perform.
(D)�?� The psychological technician will only perform specific activities and services consistent with the technician’s skills and training as approved by the Board.�?� Technicians without a Master's level degree in the field of mental health will be limited to performing psychological or neuropsychological tests (administration and scoring) defined ahead of time by the supervisor. Technicians with Master level degrees in the field of mental health can perform psychological procedures outside of test administration and scoring that has been previously approved by the Board on record, while under supervision.�?� The supervisor shall be solely responsible for interpretations of psychological assessments.�?� Psychological technicians who have achieved and maintain certification as a Board Certified Behavior Analyst (BCBA) or who have completed the DDS Certification Program are able to provide services to individuals served by the Department of Human Services, Developmental Disabilities Services (DDS).
(E)�?� The supervisor will plan all procedures to be used by the psychological technician and inform the technician of those plans.
(F)�?� The supervisor will make all public announcements of fees and services. In addition to the supervisor, the psychological technician may consult with other professionals as part of the multidisciplinary process in the provision of services.
(G)�?� The supervisor shall be responsible for all psychological services performed by the technician.�?��?�
(H)�?� The supervisor shall be available to the technician during the time the technician is performing psychological functions. The availability can be in-person, by telephone, or by other appropriate telecommunication technology.
(I)�?� The supervisor shall ensure that the supervisee thoroughly understands the plan in the event of a crisis or emergency.
(J)�?� The supervisor shall provide a minimum of one (1) hour of individual supervision for each 10 hours of billed services to the psychological technician.�?��?�
(8)�?� The Board can approve or deny any application for psychological technician at the Board's discretion.
(e)�?� Supervisory responsibility of licensed psychologist;�?� maximum number of�?�technicians allowed.
(1)�?� The licensed psychologist is accountable for the planning, course, and outcome of the work of a psychological technician.�?� The conduct of the supervision shall insure the professional, ethical, and legal protection of the client and the technician.
(2)�?� The supervisor shall have competence in the specific area of practice in which supervision is being given.
(3)�?� The supervisor shall have sufficient face-to-face contact with all clients to plan effective and appropriate services and to define procedures.
(4)�?� The progress of the work shall be sufficiently monitored to insure that full professional responsibility can be accepted by the supervisor for services rendered.
(5)�?� The supervisor shall establish and maintain a level of supervisory contact consistent with professional standards, and be fully accountable in the event that ethical or legal issues are raised.
(6)�?� The maximum number of psychological technicians that a psychologist may hire is four.
(f)�?� Representation to the public.
(1)�?� Public announcement of services and fees, and contact with the lay or professional community shall be offered only by or in the name of the licensed psychologist.
(2)�?� The technician’s name is not to appear on any announcements, t elephone listings, or other such notices, except for business cards in a Board approved format.
(3)�?� Users of the technician’s services shall be informed as to the technician’s qualifications and functions.
(4)�?� The supervisor shall not permit the technician to represent him/herself as an independent practitioner to the public.
(g)�?� Psychologist’s responsibility for financial arrangements.
(1)�?� The licensed psychologist assumes responsibility for all financial arrangements relating to the supervision of a psychological technician.
(2)�?� Setting and collecting of fees shall remain the sole domain of the supervisor except in non-governmental, non-charitable hospitals or clinics in which fees are determined by administrative policy.�?� Under no circumstances, however, shall the technician be responsible for setting or collecting fees.
(3)�?� Employment of a technician on a fee-for-service or a fee-splitting basis is not acceptable.
(4)�?� Technicians shall be employed on a salaried or hourly basis, i.e., a predetermined, set, weekly or monthly rate.
575:10-1-8. Continuing professional education for psychologists
(a)�?� Purpose.�?��?� The purpose of continuing professional education requirements for psychologists is to assure that licensees update and advance their skills such that the public shall benefit from the most current and effective standards of professional practice.�?� To further the goal of public benefit, all psychologists are encouraged to fulfill a portion of their continuing professional education requirements in the areas of ethics, professional conduct, and related legal issues. A minimum of three (3) of the twenty (20) continuing professional education credits required for yearly licensure renewal shall be earned by licensees with HSP certification in activities that are specific to ethics, relevant laws and legal issues, and/or applicable professional practice guidelines and standards.
(b)�?� Credits required for annual license renewal.�?��?� The minimum of twenty (20) credits of acceptable continuing professional education will be required for renewal of a license to practice psychology for the following year (one clock hour equals one credit).�?� The continuing professional education year is a calendar year and all continuing professional education hours must be submitted online on the Board’s official website by the close of business on December 31.�?��?� For licenses issued after January 1 of a given year, the required credits of continuing professional education will be adjusted for the initial continuing professional education year only, to require 1.5 credits of continuing professional education per full month of licensure for the initial renewal of the license. Continuing professional education hours attained in a calendar year in excess of the minimum annual requirements may be carried forward for credit in the succeeding year up to twelve (12) hours of credit.
(c)�?� Preapproval of continuing professional education activities required.
(1)�?� Continuing professional education credits may be granted for acceptable educational activities at the graduate level which are preapproved by the Board, or by a committee appointed by the Board.�?� No credits will be granted for any activities or categories of activities that have not been preapproved.�?�
(2)�?� A provider of educational activities may apply to the Board for preapproval of an activity.�?� The provider shall be responsible for compliance with the standards for approval of the activity, verification of participation, and for the provision of the necessary verification of attendance forms to all participants.�?� This verification of attendance form shall include:
(A)�?� The participant’s name.
(B)�?� The presenter’s name, academic degree, profession, and whether licensed.
(C)�?� The presentation topic.
(D)�?� The program sponsor agency.
(E)�?� The location of the presentation.
(F)�?� The dates of presentation.
(G)�?� The total number of clock hours presented.
(d)�?� Exceptions to the requirements.�?��?� Exceptions to the requirements of (c) of this section may be granted at the discretion of the Board for programs presented by recognized sponsors whose programs have been preapproved by the Board.�?� The university academic hour is equal to fifteen (15) credits, and shall be verified by the presentation of an official graduate transcript showing course or audit credits.�?� The licensee is ultimately responsible for providing all information necessary for the Board to make final determination concerning the acceptability of any requested continuing professional education credits.
(e)�?� Fee for preapproval.�?��?� Providers of educational activities may be charged a fee for the review and preapproval of their program.�?� This fee shall be set by the Board.
(f)�?� Kinds of educational activities for which credit may be received.�?��?� Continuing professional education credits may be earned through formal organized learning experiences, scientific publications, attendance at regularly scheduled meetings of international, national, regional, or state professional associations, or through presentations to appropriate groups not related to the psychologist’s regular employment.�?� The same kinds of educational activities, when the subject matter is so designated, may be used to fulfill the mandatory three (3) hours of credit in the areas of ethics, relevant laws and legal issues and/or applicable professional practice guidelines and standards.�?� Other acceptable activities include attendance at Board meetings and serving the Board as an appointed investigator, tutor, practice monitor or supervisor.
(g)�?� Credits allowed.�?� Continuing professional education activities, whether received or presented by the psychologist, must be targeted toward a professional audience.�?� In those instances when the psychologist is teaching a continuing professional education activity which has been granted preapproval by the Board, three (3) credits will be given for each one (1) hour that is taught, provided that such teaching is not a part of the psychologist’s regular employment.�?� Publication of a scientific book or chapter in a book, or publication of a scientific article in a refereed journal, shall be equal to ten (10) credits.�?� Examination by the American Board of Professional Psychology shall be equal to twenty (20) credits.
(h)�?� List of approved Continuing Professional Education Recognized Sponsors.�?��?� This list shall be reviewed and approved by the Board.
(i)�?� Verification of continuing professional education.�?� Continuing professional education records shall be maintained in the Board files for two years.�?� Individual psychologists are to keep verification of all continuing professional education credits claimed for a period of two years.�?� In February of each year, the Board will randomly select from two (2) to twenty-five (25) percent of the number of psychologists on active status the previous year for an audit of their claimed continuing professional education credits.�?� These selected psychologists must then provide the Board with verification of all credits claimed on their continuing professional education form within thirty (30) days following receipt of the audit notice.
(j)�?� Board audit.�?��?� The Board may, at its discretion, audit and require verification of any continuing professional education credits claimed which it may consider questionable or fraudulent.�?� In either condition, selected psychologists who do not furnish verification of claimed continuing professional education credits to the Board within thirty (30) days following receipt of the audit notice shall as of December 31 have their licenses invalidated for the practice of psychology, with possible suspension or revocation of the license to practice psychology.
(k)�?� Late fee for late filing.�?� A psychologist who has not completed and reported the required twenty (20) credits of continuing professional education by December 31, shall pay a late fee which will be set by the Board.
(l)�?� Petition for relief for previous years.�?��?� Under the extraordinary circumstances of active duty in the military, incapacitation, or serious illness of the licensed psychologist, or of an immediate family member, and upon the presentation of acceptable evidence thereof, a psychologist who is otherwise in full compliance with all renewal requirements, may petition the Board for partial or complete relief of the previous year’s continuing professional education requirement.�?� There shall be no fee for a psychologist who petitions the Board for compassionate relief of continuing professional education requirements under this subsection. The request may be granted by the chairperson or vice chairperson of the Board.
(m)�?� License rendered invalid for failure to comply.�?��?� A licensed psychologist who is not in compliance with the required twenty (20) credits (hours) of continuing professional education by�?� December 31 and/or who has not completed and reported his/her continuing professional education hours�?� by�?� December 31, and who has not petitioned the Board for compassionate relief under (l) of this section, shall as of December 31 have his or her license invalidated for the practice of psychology, with possible suspension of the license to practice psychology.
575:10-1-9. Fees after becoming licensed as a psychologist
(a)�?� Fee to renew the license.�?��?� The renewal fee shall not exceed four hundred dollars ($400.00) each year and is due prior to January 1 of each year.�?� The Board may waive or prorate the renewal fee for licensed psychologists on active duty in the United States Military, upon receipt of a written waiver request and accompanying evidence of the order for active duty.
(b)�?� Fee to hire a psychological technician.�?��?� The fee which a psychologist must pay to hire a psychological technician in his/her private practice shall not exceed three hundred dollars ($300.00). �?�The renewal fee shall not exceed two hundred dollars ($200.00) each year and is due on the anniversary date of approval by the Board.
575:10-1-10. A Code of Ethics for psychologists
(a) Adoption of "Ethical Principles of Psychologists and Code of Conduct." The current "Ethical Principles of Psychologists and Code of Conduct," of the American Psychological Association (APA) is adopted by the Board in its entirety as part of its Code of Ethics.
(b) Adoption of "ASPPB Code of Conduct." The current "ASPPB Code of Conduct," of the Association of State and Provincial Psychology Boards, is adopted by the Board as part of its Code of Ethics. The ASPPB Code is adopted in its entirety with the exception of III. Rules of Conduct (A) (7) (b) Maintenance and Retention of Records, with the exception being that the Board will require all records be retained for a period of six years after the last date on which service was rendered or for a longer period of time if required by law.
(c) Penalty for violation of the Code of Ethics. A violation of the Board's Code of Ethics is considered unprofessional conduct and may be grounds for imposing sanctions as specified in 59 O.S., Section 1370(A).
(d) Requirement for compliance with ethical principles and code of conduct. The Board's Code of Ethics applies to all licensees and applicants, including an applicant's conduct during the period of education, training, and employment which is required for licensure.
(e) Distinction between good personal moral character and professional ethical character. "Good Character" as referenced in 59 O.S. 1362 of the Oklahoma Psychologists Licensing Act shall mean an applicant's personal moral character as distinguished from an applicant's professional ethical character. The Board may inquire into an applicant's professional ethical character in determining whether an applicant has met the requirements to become licensed as a psychologist pursuant to 59 O.S. 1362 and Board Rule 575:10-1-2.
575:10-1-11. Telepsychology
(a) "Telepsychology" means the practice of psychology as defined 59 O.S. § 1352, including psychological and school psychological supervision, by distance communication technology such as but not necessarily limited to telephone, email, Internet-based communications, and videoconferencing.
(b) "Resident" means any individual who is or has been present in Oklahoma for other than a temporary or transitory purpose, or who is domiciled in Oklahoma.
(c) "Domicile" means the place where an individual voluntarily establishes themselves and their family, not merely for a special or limited purpose, but with a present intention of making it their true, fixed, permanent home and principal establishment.
(d) In order to practice telepsychology in the state of Oklahoma, one must hold a current, valid license issued by the Oklahoma State Board of Examiners of Psychologists ("Board"), or be currently credentialed through the Psychology Interjurisdictional Compact (also known as PSYPACT), set forth in 59 O.S. § 1377 et seq. Psychological technicians, interns, and post-doctoral candidates approved by the Board to practice under the supervision of an Oklahoma licensed psychologist may also provide telepsychology services.
(e) Telepsychology providers must comply will all other provisions of the statutes and rules that govern the practice of psychology while engaging in telepsychology.
(f) The recipient of telepsychology services must be a resident or domiciled in Oklahoma, unless otherwise allowed by law. Those that provide telepsychology services bear responsibility for complying with all applicable laws, rules, and/or policies that govern the practice of telepsychology (for example, HIPAA regulations).
(g) Telepsychology providers recognize that telepsychology is not appropriate for all psychological problems and clients, and decisions regarding the appropriate use of telepsychology are made on a case-by-case basis.
(h) Telepsychology providers will document an emergency plan in the service recipient's record. The plan will specify the procedure for dealing with emergencies that will in an effective and timely way, provide for the service recipient's welfare.
(i) Telepsychology providers shall obtain and document informed consent for the provision of psychological health care services via telepsychology from the client. Such consent shall cover concerns unique to the receipt of psychological health care services via telepsychology, including risks to confidentiality and security, data storage policies and procedures specific to telepsychology, the possibility of disruption and/or interruption of service due to technological failure, insurance coverage considerations, and other issues that can reasonably be anticipated regarding the non-comparability between psychological health care services delivered in person and those delivered via telepsychology.
(j) Telepsychology providers shall establish an agreement relative to the client's access to face-to-face emergency services in the client's geographical area, in instances such as, but not necessarily limited to, the client experiencing a suicidal or homicidal crisis.
(k) Telepsychology providers shall ensure the security and confidentiality of communications and records created and maintained during telepsychology services, and must comply with all applicable laws, rules, and/or policies that govern the practice of telepsychology.
(l) Telepsychology providers using telepsychology for testing must ensure that the identity of service recipients remains secure, that test security is maintained, that test-taking conditions are conducive to quiet and private test administration, and that the parameters of the test(s) are not compromised.
(m) Telepsychology providers will explain to service recipients the potential limitations of conclusions and recommendations drawn from the results of testing and will document these limitations in the findings or report.
(n) Before delivering telepsychology services to recipients across state, territorial, and international boundaries, providers should familiarize themselves and ensure that they comply with all applicable laws.