HOUSE BILL NO. 3007 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE REUTER.
6738H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 337.021, 337.025, 337.050, 337.510, 337.615, 337.618, 337.715, and 337.718, RSMo, and to enact in lieu thereof eight new sections relating to domestic violence education requirements for mental health professionals.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 337.021, 337.025, 337.050, 337.510, 337.615, 337.618, 337.715, 2 and 337.718, RSMo, are repealed and eight new sections enacted in lieu thereof, to be known 3 as sections 337.021, 337.025, 337.050, 337.510, 337.615, 337.618, 337.715, and 337.718, to 4 read as follows: 337.021. 1. The provisions of this section shall govern, except as provided in 2 subsection 3 of this section, the education and experience requirements for initial licensure as 3 a psychologist for the following persons: 4 (1) A person who has completed a graduate program which is primarily psychological 5 in nature prior to August 28, 1990; or 6 (2) A person who is matriculated in a graduate program which is primarily 7 psychological in nature prior to August 28, 1990; provided that, such person who does not 8 complete all requirements for initial licensure prior to August 28, 1996, except as provided in 9 subsections 5 and 6 of this section, shall be governed by the licensure requirements of section 10 337.025. 11 2. Each applicant shall submit evidence satisfactory to the committee that: 12 (1) The applicant either: 13 [(1)] (a) Has received a doctoral degree, based upon a program of studies from a 14 recognized educational institution the contents of which were primarily psychological, as
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 3007 2
15 defined by rule, and who has had at least one year of satisfactory supervised professional 16 experience in the general field of psychology, as defined by rule; or 17 [(2)] (b) Received a master's degree, based upon a program of studies from a 18 recognized educational institution the contents of which were primarily psychological, as 19 defined by rule, and who has had at least three years of satisfactory professional experience in 20 the general field of psychology, as defined by rule; and 21 (2) The applicant has completed three semester credit hours of graduate-level 22 courses related to domestic violence. 23 3. Notwithstanding the provisions of subsection 1 of this section, an applicant who 24 has received a doctoral degree from a graduate program which is primarily psychological in 25 nature prior to August 28, 1990, may elect at the applicant's option to have the applicant's 26 application and licensure evaluated pursuant to the provisions of either section 337.021 or 27 337.025. 28 4. The rules referred to in subsection 2 of this section shall be those rules as 29 previously promulgated by the department pursuant to the provisions of sections 337.020 and 30 337.050 as were in force and effect on August 28, 1989. 31 5. Notwithstanding any provision of section 337.025 or this section to the contrary, 32 any person who qualifies for initial licensure pursuant to paragraph (b) of subdivision [(2)] 33 (1) of subsection 2 of this section that has taken the Missouri licensing examination but has 34 not received a passing score on the licensing examination before August 28, 1996, shall be 35 allowed the same amount of attempts, within the same allotted time, to pass such examination 36 as a person who meets the requirements for initial licensure pursuant to paragraph (a) of 37 subdivision (1) of subsection 2 of this section. 38 6. As used in sections 337.010 to 337.090, initial licensure refers only to the 39 educational and experience requirements set forth in subsection 2 of this section, such that 40 initial licensure shall not include passage of any examination given for the purposes of full 41 licensure under section 337.020. 337.025. 1. The provisions of this section shall govern the education and experience 2 requirements for initial licensure as a psychologist for the following persons: 3 (1) A person who has not matriculated in a graduate degree program which is 4 primarily psychological in nature on or before August 28, 1990; and 5 (2) A person who is matriculated after August 28, 1990, in a graduate degree program 6 designed to train professional psychologists. 7 2. Each applicant shall submit satisfactory evidence to the committee that the 8 applicant has received a doctoral degree in psychology from a recognized educational 9 institution, has completed three semester credit hours of graduate-level courses related to HB 3007 3
10 domestic violence, and has had at least one year of satisfactory supervised professional 11 experience in the field of psychology. 12 3. A doctoral degree in psychology is defined as: 13 (1) A program accredited, or provisionally accredited, by the American Psychological 14 Association (APA), the Canadian Psychological Association (CPA), or the Psychological 15 Clinical Science Accreditation System (PCSAS); provided that, such program includes a 16 supervised practicum, internship, field, or laboratory training appropriate to the practice of 17 psychology; or 18 (2) A program designated or approved, including provisional approval, by the 19 Association of State and Provincial Psychology Boards or the Council for the National 20 Register of Health Service Providers in Psychology, or both; or 21 (3) A graduate program that meets all of the following criteria: 22 (a) The program, wherever it may be administratively housed, shall be clearly 23 identified and labeled as a psychology program. Such a program shall specify in pertinent 24 institutional catalogues and brochures its intent to educate and train professional 25 psychologists; 26 (b) The psychology program shall stand as a recognizable, coherent organizational 27 entity within the institution of higher education; 28 (c) There shall be a clear authority and primary responsibility for the core and 29 specialty areas whether or not the program cuts across administrative lines; 30 (d) The program shall be an integrated, organized, sequence of study; 31 (e) There shall be an identifiable psychology faculty and a psychologist responsible 32 for the program; 33 (f) The program shall have an identifiable body of students who are matriculated in 34 that program for a degree; 35 (g) The program shall include a supervised practicum, internship, field, or laboratory 36 training appropriate to the practice of psychology; 37 (h) The curriculum shall encompass a minimum of three academic years of full-time 38 graduate study, with a minimum of one year's residency at the educational institution granting 39 the doctoral degree; and 40 (i) Require the completion by the applicant of a core program in psychology which 41 shall be met by the completion and award of at least one three-semester-hour graduate credit 42 course or a combination of graduate credit courses totaling three semester hours or five 43 quarter hours in each of the following areas: 44 a. The biological bases of behavior such as courses in: physiological psychology, 45 comparative psychology, neuropsychology, sensation and perception, psychopharmacology; HB 3007 4
46 b. The cognitive-affective bases of behavior such as courses in: learning, thinking, 47 motivation, emotion, and cognitive psychology; 48 c. The social bases of behavior such as courses in: social psychology, group 49 processes/dynamics, interpersonal relationships, and organizational and systems theory; 50 d. Individual differences such as courses in: personality theory, human development, 51 abnormal psychology, developmental psychology, child psychology, adolescent psychology, 52 psychology of aging, and theories of personality; 53 e. The scientific methods and procedures of understanding, predicting and influencing 54 human behavior such as courses in: statistics, experimental design, psychometrics, individual 55 testing, group testing, and research design and methodology. 56 4. Acceptable supervised professional experience may be accrued through 57 preinternship, internship, predoctoral postinternship, or postdoctoral experiences. The 58 academic training director or the postdoctoral training supervisor shall attest to the hours 59 accrued to meet the requirements of this section. Such hours shall consist of: 60 (1) A minimum of fifteen hundred hours of experience in a successfully completed 61 internship to be completed in not less than twelve nor more than twenty-four months; and 62 (2) A minimum of two thousand hours of experience consisting of any combination 63 of the following: 64 (a) Preinternship and predoctoral postinternship professional experience that occurs 65 following the completion of the first year of the doctoral program or at any time while in a 66 doctoral program after completion of a master's degree in psychology or equivalent as defined 67 by rule by the committee; 68 (b) Up to seven hundred fifty hours obtained while on the internship under 69 subdivision (1) of this subsection but beyond the fifteen hundred hours identified in 70 subdivision (1) of this subsection; or 71 (c) Postdoctoral professional experience obtained in no more than twenty-four 72 consecutive calendar months. In no case shall this experience be accumulated at a rate of 73 more than fifty hours per week. Postdoctoral supervised professional experience for 74 prospective health service providers and other applicants shall involve and relate to the 75 delivery of psychological services in accordance with professional requirements and relevant 76 to the applicant's intended area of practice. 77 5. Experience for those applicants who intend to seek health service provider 78 certification and who have completed a program in one or more of the American 79 Psychological Association designated health service provider delivery areas shall be obtained 80 under the primary supervision of a licensed psychologist who is also a health service provider 81 or who otherwise meets the requirements for health service provider certification. Experience 82 for those applicants who do not intend to seek health service provider certification shall be HB 3007 5
83 obtained under the primary supervision of a licensed psychologist or such other qualified 84 mental health professional approved by the committee. 85 6. For postinternship and postdoctoral hours, the psychological activities of the 86 applicant shall be performed pursuant to the primary supervisor's order, control, and full 87 professional responsibility. The primary supervisor shall maintain a continuing relationship 88 with the applicant and shall meet with the applicant a minimum of one hour per month in 89 face-to-face individual supervision. Clinical supervision may be delegated by the primary 90 supervisor to one or more secondary supervisors who are qualified psychologists. The 91 secondary supervisors shall retain order, control, and full professional responsibility for the 92 applicant's clinical work under their supervision and shall meet with the applicant a minimum 93 of one hour per week in face-to-face individual supervision. If the primary supervisor is also 94 the clinical supervisor, meetings shall be a minimum of one hour per week. Group 95 supervision shall not be acceptable for supervised professional experience. The primary 96 supervisor shall certify to the committee that the applicant has complied with these 97 requirements and that the applicant has demonstrated ethical and competent practice of 98 psychology. The changing by an agency of the primary supervisor during the course of the 99 supervised experience shall not invalidate the supervised experience. 100 7. The committee by rule shall provide procedures for exceptions and variances from 101 the requirements for once a week face-to-face supervision due to vacations, illness, 102 pregnancy, and other good causes. 337.050. 1. There is hereby created and established a "State Committee of 2 Psychologists", which shall consist of seven licensed psychologists and one public member. 3 The state committee of psychologists existing on August 28, 1989, is abolished. Nothing in 4 this section shall be construed to prevent the appointment of any current member of the state 5 committee of psychologists to the new state committee of psychologists created on August 6 28, 1989. 7 2. Appointments to the committee shall be made by the governor upon the 8 recommendations of the director of the division, upon the advice and consent of the senate. 9 The division, prior to submitting nominations, shall solicit nominees from professional 10 psychological associations and licensed psychologists in the state. The term of office for 11 committee members shall be five years, and committee members shall not serve more than 12 ten years. No person who has previously served on the committee for ten years shall be 13 eligible for appointment. In making initial appointments to the committee, the governor shall 14 stagger the terms of the appointees so that two members serve initial terms of two years, two 15 members serve initial terms of three years, and two members serve initial terms of four years. 16 3. Each committee member shall be a resident of the state of Missouri for one year, 17 shall be a United States citizen, and shall, other than the public member, have been licensed as HB 3007 6
18 a psychologist in this state for at least three years. Committee members shall reflect a 19 diversity of practice specialties. To ensure adequate representation of the diverse fields of 20 psychology, the committee shall consist of at least two psychologists who are engaged full 21 time in the doctoral teaching and training of psychologists, and at least two psychologists who 22 are engaged full time in the professional practice of psychology. In addition, the first 23 appointment to the committee shall include at least one psychologist who shall be licensed on 24 the basis of a master's degree who shall serve a full term of five years. Nothing in sections 25 337.010 to 337.090 shall be construed to prohibit full membership rights on the committee for 26 psychologists licensed on the basis of a master's degree. If a member of the committee shall, 27 during the member's term as a committee member, remove the member's domicile from the 28 state of Missouri, then the committee shall immediately notify the director of the division, and 29 the seat of that committee member shall be declared vacant. All such vacancies shall be filled 30 by appointment of the governor with the advice and consent of the senate, and the member so 31 appointed shall serve for the unexpired term of the member whose seat has been declared 32 vacant. 33 4. The public member shall be at the time of the public member's appointment a 34 citizen of the United States; a resident of this state for a period of one year and a registered 35 voter; a person who is not and never was a member of any profession licensed or regulated 36 pursuant to sections 337.010 to 337.093 or the spouse of such person; and a person who does 37 not have and never has had a material, financial interest in either the providing of the 38 professional services regulated by sections 337.010 to 337.093, or an activity or organization 39 directly related to any profession licensed or regulated pursuant to sections 337.010 to 40 337.093. The duties of the public member shall not include the determination of the technical 41 requirements to be met for licensure or whether any person meets such technical requirements 42 or of the technical competence or technical judgment of a licensee or a candidate for 43 licensure. 44 5. The committee shall hold a regular annual meeting at which it shall select from 45 among its members a chairperson and a secretary. A quorum of the committee shall consist of 46 a majority of its members. In the absence of the chairperson, the secretary shall conduct the 47 office of the chairperson. 48 6. Each member of the committee shall receive, as compensation, an amount set by 49 the division not to exceed fifty dollars for each day devoted to the affairs of the committee 50 and shall be entitled to reimbursement for necessary and actual expenses incurred in the 51 performance of the member's official duties. 52 7. Staff for the committee shall be provided by the director of the division of 53 professional registration. HB 3007 7
54 8. The governor may remove any member of the committee for misconduct, 55 inefficiency, incompetency, or neglect of office. 56 9. In addition to the powers set forth elsewhere in sections 337.010 to 337.090, the 57 division may adopt rules and regulations, not otherwise inconsistent with sections 337.010 to 58 337.090, to carry out the provisions of sections 337.010 to 337.090. The committee may 59 promulgate, by rule, "Ethical Rules of Conduct" governing the practices of psychology which 60 rules shall be based upon the ethical principles promulgated and published by the American 61 Psychological Association. 62 10. Any rule or portion of a rule, as that term is defined in section 536.010, that is 63 promulgated to administer and enforce sections 337.010 to 337.090, shall become effective 64 only if the agency has fully complied with all of the requirements of chapter 536 including but 65 not limited to section 536.028 if applicable, after August 28, 1998. All rulemaking authority 66 delegated prior to August 28, 1998, is of no force and effect and repealed as of August 28, 67 1998, however nothing in this act shall be interpreted to repeal or affect the validity of any 68 rule adopted and promulgated prior to August 28, 1998. If the provisions of section 536.028 69 apply, the provisions of this section are nonseverable and if any of the powers vested with the 70 general assembly pursuant to section 536.028 to review, to delay the effective date, or to 71 disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the 72 purported grant of rulemaking authority and any rule so proposed and contained in the order 73 of rulemaking shall be invalid and void, excep