HOUSE OF REPRESENTATIVES

H.B. NO.

1937

TWENTY-EIGHTH LEGISLATURE, 2016

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO SCHOOL PSYCHOLOGISTS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

school psychologists

     §  -1  Purpose.  It is the policy and the purpose of this chapter to ensure that only qualified persons are allowed to practice in the field of school psychology.

     §  -2  Definitions.  As used in this chapter:

     "Accredited educational institution" means a university or college accredited by the Western Association of Schools and Colleges or a comparable regional body.

     "Department" means the department of commerce and consumer affairs.

     "Director" means the director of commerce and consumer affairs.

     "NASP" means the National Association of School Psychologists.

     "Person" means any individual, organization, or corporate body, except that only an individual may be licensed under this chapter.

     "Practice of school psychology" means the application of principles, methods, and procedures of measurement, prediction, evaluation, testing, counseling, consultation, and instruction related to and consistent with the national standards articulated by the most current Model for Comprehensive and Integrated School Psychological Services as published by the National Association of School Psychologists.

     "School psychologist" means a professional licensed by the department as a school psychologist who provides school psychological services consistent with the national standards articulated by the most current Model for Comprehensive and Integrated School Psychological Services as published by the National Association of School Psychologists.  "School psychologist" includes a school psychologist-doctoral and a school psychologist-specialist.

     §  -3  School psychologist licensing program.  There is established a school psychologist licensing program within the department to be administered by the director.

     §  -4  Powers and duties of the director.  In addition to any other powers and duties authorized by law, the director shall have the powers and duties to:

     (1)  Grant permission to a person to use the title of "licensed school psychologist" in this State pursuant to this chapter and the rules adopted pursuant thereto;

     (2)  Adopt, amend, or repeal rules pursuant to chapter 91 as the director finds necessary to carry out this chapter;

     (3)  Administer, coordinate, and enforce this chapter;

     (4)  Discipline a licensed school psychologist for any due cause described by this chapter or violation of the rules;

     (5)  Refuse to license a person for failure to meet licensing requirements or on grounds sufficient to discipline a licensed school psychologist; and

     (6)  Appoint an advisory committee consisting of licensed school psychologists and members of the public to assist with the implementation of this chapter and the adopted rules; provided that the initial members of the committee who are school psychologists shall not be required to be licensed pursuant to this chapter, but rather shall hold the credential of "Nationally Certified School Psychologist" or "NCSP".  The advisory committee positions shall be for a term of two consecutive years with an option to reapply.

     §  -5  Fees; disposition.  (a)  Application, examination, reexamination, license, renewal, restoration, penalty, and any other fees relating to the administration of this chapter shall not be refundable and shall be provided in rules adopted by the director pursuant to chapter 91.

     (b)  Fees assessed shall defray costs incurred by the department to support the operation of the school psychologist licensing program.  Fees collected shall be managed in accordance with section 26-9(l).

     §  -6  Prohibited acts.  Except as otherwise specifically provided in this chapter, no person shall engage in the practice of school psychology or use the title of "licensed school psychologist" or "school psychologist" without a valid license issued under this chapter.  Any person who violates this section shall be subject to a fine of not more than $1,000 for each separate offense.  Each day of each violation shall constitute a separate offense.  Any action taken to impose or collect the fine imposed under this section shall be a civil action.

     §  -7  Exemptions.  (a)  This chapter shall not apply to:

     (1)  A person doing work within the duties of the person's profession that overlaps with the practice of school psychology; provided that no such person shall use a title stating or implying that the person is a "licensed school psychologist" or "school psychologist", or describe or refer to the person's services as school psychology;

     (2)  Any student enrolled in an accredited educational institution in a recognized program of study leading toward attainment of a graduate degree in school psychology or other professional field; provided that the student's activities and services are part of a prescribed course of study supervised by the accredited educational institution and the student is identified by an appropriate title, including "school psychology student", "school psychology intern", "school psychology practicum student", or any title that clearly indicates training status;

     (3)  Any person who is obtaining supervised school psychology experience for licensure as a school psychologist; provided that the person's title indicates a trainee or intern status; provided further that the person does not purport to be a "licensed school psychologist"; or

     (4)  Any person who practices psychology, other than as a school psychologist, and is licensed under chapter 465.

     (b)  Nothing in this chapter shall be construed to prevent a qualified member of another licensed profession as defined by any law or rule of the department, including a social worker, registered nurse, psychologist, marriage and family therapist, or physician, from providing psychological services or advertising that the person provide services to individuals, couples, or families consistent with the accepted standards of the person's respective licensed profession; provided that no person shall use a title stating or implying that the person is a "school psychologist" unless the person is licensed pursuant to this chapter.

     §  -8  Application for licensure as a school psychologist.  (a)  An applicant shall be issued a license by the department if the applicant provides satisfactory evidence to the department that the applicant is qualified for licensure pursuant to the requirements of this chapter and meets the following qualifications:

     (1)  A master's degree or doctoral degree from an accredited educational institution in school psychology or in an allied field related to the practice of school psychology that includes, or is supplemented by, graduate level coursework in school psychology comprising a minimum of sixty semester hours in the following course areas, with a minimum of three semester hours in each course area as indicated below:

         (A)  Human growth and development, including the study of lifespan development, strategies to facilitate that development and transitions, theories of learning and personality development, and human behavior to include crisis, disabilities, addictive behavior, and environmental factors;

         (B)  Social and cultural foundations, including the study of issues and trends in a multicultural and diverse society, including characteristics of diverse groups that may include age, race, religious or sexual preference, physical disability, ethnicity and culture, gender, socioeconomics, intellectual ability, and individual, family, and group strategies with diverse populations;

         (C)  Counseling theories and applications, including counseling and consultation, including both individual and systems perspectives, interviewing, assessment, and counseling skills, as well as applying principles, methods, and theories of counseling, treatment and counseling of mental and emotional disorders, and educational techniques aimed at preventing those disorders with individuals and families;

         (D)  School organization, curriculum, policy and law, research and program evaluation, and professional and ethical practice of psychology in schools;

         (E)  Effective instruction and development of cognitive and academic skills;

         (F)  Psychopathology and exceptionality of human behavior, including assessment and diagnosis of disorders with an emphasis on the most current version of DSM-V categories, and an understanding of these disorders relative to the school psychology context;

         (G)  Tests and measurements, including theoretical and historical bases for assessment techniques, and assessment methods, including analysis of various types of tests to select, administer, interpret, and use assessment and evaluation instruments and techniques in psychoeducation;

         (H)  Research and program evaluation, including research design and methods, statistical analysis, principles, practices, and application of needs assessment, and program evaluation; and

         (I)  Professional orientation and ethics, including the history of the helping profession, professional roles and functions, ethical standards, confidentiality, professional organizations, and the public policy process, including advocacy on behalf of the profession and its clientele;

     (2)  Completion of one thousand two hundred hours of supervised internship in school psychology with no less than six hundred hours completed within a school setting; and

     (3)  Has passed the School Psychology Praxis examination with a minimum score of one hundred forty-seven or the most current standard of the National Association of School Psychologists.

     (b)  An individual who:

     (1)  Holds current, unencumbered certification as a national certified school psychologist or holds a valid license in school psychology in another state or United States territory prior to the effective date of Act   , Session Laws of Hawaii 2016; or

     (2)  Has passed the School Psychology Praxis examination per the specifications of NASP examination after January 1, 2000, and before July 1, 2014; and

     (3)  Within one year of the effective date of Act   , Session Laws of Hawaii 2016, applies for licensure and pays the applicable license fee,

shall be deemed to have met the requirements of this section.

     (c)  For an applicant who graduated from an accredited educational institution as specified in subsection (a)(1) before July 1, 2007, the department shall also deem the following to be acceptable:

     (1)  For practicum intern experience, written certification from an official of the institution of higher education attesting that the applicant has completed the academic terms, graduate credit hours, and supervised client contact hours in subsection (a)(2) and that the applicant's practicum intern experience is equivalent to a mental health graduate level practicum program in school psychology; and

     (2)  For post-graduate experience, written certification from an officer and the school psychology supervisor of the agency at which the applicant has earned experience attesting that the applicant has completed the hours of experience and supervision in subsection (a)(2) and that the applicant's post-graduate experience is equivalent to the practice of school psychology.

     For school psychology supervisors, the license requirements under subsection (a)(2) and (a)(3) shall not apply.

     (d)  After December 31, 2017, no person shall engage in the practice of school psychology unless the person is licensed in accordance with this chapter or as otherwise provided in this chapter.

     (e)  All school psychologists employed by a private institution, or county or state government shall comply with the license requirements of this chapter by December 31, 2017; provided that:

     (1)  Any person engaged in the practice of school psychology on or before December 31, 1990, as an employee of or under contract to a county or state government agency shall be deemed to be in compliance with the licensure requirements without the necessity of holding the credential of Nationally Certified School Psychologist or a license and may continue to practice school psychology, as the case may be, for as long as the person remains continuously employed in any county or state government agency for that purpose; and

     (2)  The records of the director shall distinguish between those employees practicing school psychology who are licensed in accordance with this chapter, and those who are deemed to be in compliance with the licensure requirements in accordance with this subsection.

     (f)  A person certified by the National School Psychology Certification System (NSPCS) or credentialed or licensed under the laws of another state or the District of Columbia as a school psychologist who has applied for a license in this State may perform school psychologist services in this State for a period not to exceed six months from the time of submitting the person's application.

     §  -9  Term of issuance.  The director shall issue a school psychologist license for a term of five years consistent with rules adopted by the director.  The length of the term may vary among license holders so as to be coterminous with any other professional license or certificate held by the school psychologist.  The school psychologist license may be renewed in accordance with academic and professional requirements established by the director.  A license holder shall be supervised for the first year following initial certification at no additional cost to the school administrative unit or the department.  The director shall require evidence of supervision prior to renewing a first-year license.

     §  -10  Practice as a school psychologist; title or description of services.  (a)  A person represents oneself to be a school psychologist when the person:

     (1)  Holds oneself out to the public by any title or description of services incorporating the words "school psychologist", "school psychology", or any similar titles;

     (2)  Is employed as a school psychologist by any private entities that serve children or families;

     (3)  Is employed as a faculty member in school psychology; or

     (4)  Is employed as a school psychologist by the State or any government agency.

     (b)  A person practices as a school psychologist if the person delivers services to children and students from birth through college who are eligible to be enrolled in educational and intermediate educational units, special education programs, universities and colleges, early intervention programs, developmental centers, and approved private schools.  The services delivered are the services articulated under the domains of practice in the Model for Comprehensive and Integrated School Psychological Services, as may be amended, and ethical standards developed and published by the National Association of School Psychologists.

     §  -11  Grounds for refusal to renew, reinstate, or restore, and for revocation, suspension, denial, or condition of, licenses.  (a) In addition to any other acts or conditions provided by law, the director may refuse to renew, reinstate, or restore, and may deny, revoke, suspend, or condition in any manner, any license for any one or more of the following acts or conditions on the part of a licensee or license applicant:

     (1)  Failing to meet or maintain the conditions and requirements necessary to qualify for the granting of a license;

     (2)  Engaging in false, fraudulent, or deceptive advertising, or making untruthful or improbable statements;

     (3)  Being addicted to, dependent upon, or a habitual user of, a narcotic, barbiturate, amphetamine, hallucinogen, opium, cocaine, or other drugs or derivatives of a similar nature;

     (4)  Practicing the licensed profession while impaired by alcohol, drugs, physical disability, or mental instability;

     (5)  Procuring a license through fraud, misrepresentation, or deceit;

     (6)  Aiding and abetting an unlicensed person to directly or indirectly perform activities requiring a license;

     (7)  Professional misconduct, incompetence, gross negligence, or manifest incapacity, in the practice of the licensed profession;

     (8)  Engaging in conduct or practice contrary to recognized standards of ethics for the licensed profession;

     (9)  Violating any condition or limitation upon which a condition or temporary license was issued;

    (10)  Engaging in business under a past or present license issued pursuant to the licensing laws in a manner causing injury to one or more members of the public;

    (11)  Failing to comply with, observe, or adhere to any law in a manner such that the director deems the applicant or holder to be an unfit or improper person to hold a license;

    (12)  Having had a license revoked or suspended, or having been the subject of other disciplinary action, by another state or a federal agency for any reason provided by the licensing laws or this section;

    (13)  Having been convicted of a crime, whether by nolo contendere or otherwise, directly related to the qualifications, functions, or duties of the licensed profession;

    (14)  Failing to report in writing to the director any disciplinary decision issued against the licensee or applicant in another jurisdiction within thirty days of the disciplinary decision;

    (15)  Employing, utilizing, or attempting to employ or utilize, at any time, any person not licensed under the licensing laws where licensure is required; or

    (16)  Violating this chapter, chapter 436B, or any rule or order of the director.

     (b)  Any licensee or applicant who violates this section may also be fined not more than $1,000 per violation and not less than $500.

     §  -12  Confidentiality and privileged communications.  No person licensed as a school psychologist, nor any of the person's employees or associates, shall be required to disclose any information that the person may have acquired in rendering school psychological services, except in the following circumstances:

     (1)  As required by law;

     (2)  To prevent a clear and imminent danger to a person or persons;

     (3)  In accordance with the terms of a previously written waiver of the privilege where the waiver is executed by the client or by the client's legally recognized representative; or

     (4)  In the course of a disciplinary action or pursuant to a duly authorized subpoena issued by the department."

     SECTION 2.  Section 465-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  This chapter shall not apply to:

     (1)  Any person teaching, lecturing, consulting, or engaging in research in psychology insofar as the activities are performed as part of or are dependent upon employment in a college or university; provided that the person shall not engage in the practice of psychology outside the responsibilities of the person's employment;

     (2)  Any person who performs any, or any combination of the professional services defined as the practice of psychology under the direction of a licensed psychologist in accordance with rules adopted by the board; provided that the person may use the term "psychological assistant", but shall not identify the person's self as a psychologist or imply that the person is licensed to practice psychology;

     (3)  Any person employed by a local, state, or federal government agency in a school psychologist or psychological examiner position, or a position that does not involve diagnostic or treatment services, but only at those times when that person is carrying out the functions of such government employment;

     (4)  Any person who is a student of psychology, a psychological intern, or a resident in psychology preparing for the profession of psychology under supervision in a training institution or facility and who is designated by a title as "psychology trainee", "psychology student", "psychology intern", or "psychology resident", that indicates the person's training status; provided that the person shall not identify the person's self as a psychologist or imply that the person is licensed to practice psychology;

     (5)  Any person who is a member of another profession licensed under the laws of this jurisdiction to render or advertise services, including psychotherapy, within the scope of practice as defined in the statutes or rules regulating the person's professional practice; provided that, notwithstanding section 465-1, the person does not represent the person's self to be a psychologist or does not represent that the person is licensed to practice psychology;

     (6)  Any person who is a member of a mental health profession not requiring licensure; provided that the person functions only within the person's professional capacities; and provided further that the person does not represent the person to be a psychologist, or the person's services as psychological;

     (7)  Any person who is a duly recognized member of the clergy; provided that the person functions only within the person's capacities as a member of the clergy; and provided further that the person does not represent the person to be a psychologist, or the person's services as psychological; [or]

     (8)  Any psychologist employed by the United States Department of Defense, while engaged in the discharge of the psychologist's official duty and providing direct telehealth support or services, as defined in section 431:10A-116.3, to neighbor island beneficiaries within a Hawaii National Guard armory on the island of Kauai, Hawaii, Molokai, or Maui; provided that the psychologist employed by the United States Department of Defense is credentialed by Tripler Army Medical Center[.]; or

     (9)  Any person employed or practicing in the private sector as a school psychologist."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  This Act shall take effect on July 1, 2070.



 

Report Title:

School Psychologists; Licensure

 

Description:

Requires the licensure of school psychologists in both the public and private sectors of employment.  (HB1937 HD1)

 

 

 

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