Bill Summary – FastDemocracy

FILED SENATE
                                                                                         Apr 4, 2023
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                 S.B. 570
                                      SESSION 2023           PRINCIPAL CLERK
     S                                                                    D
                               SENATE BILL DRS45241-ST-35
     Short Title:   Modernize Reg/Master's Level Psychologists.                                (Public)
     Sponsors:      Senator Burgin (Primary Sponsor).
     Referred to:
                                     A BILL TO BE ENTITLED
 AN ACT TO REDUCE THE UNNECESSARY REGULATORY BURDEN ON MASTER'S
     LEVEL PSYCHOLOGISTS AND TO INCREASE ACCESS TO QUALITY MENTAL
     HEALTH CARE SERVICES FOR NORTH CAROLINIANS.
 The General Assembly of North Carolina enacts:
             SECTION 1. G.S. 90-270.139 reads as rewritten:
 "§ 90-270.139. Application; examination; supervision; provisional and temporary licenses.
     …
     (e)     A Except as provided in subsection (e1) of this section:
             (1)     A licensed psychological associate shall be supervised by a qualified licensed
                     psychologist, or other qualified professionals, in accordance with Board rules
                     specifying the format, setting, content, time frame, amounts of supervision,
                     qualifications of supervisors, disclosure of supervisory relationships, the
                     organization of the supervised experience, and the nature of the responsibility
                     assumed by the supervisor.
             (2)     A licensed psychological associate who provides health services shall be
                     supervised, for those activities requiring supervision, supervised by a
                     qualified licensed psychologist holding health services provider certification
                     or by other qualified professionals under the overall direction of a qualified
                     licensed psychologist holding health services provider certification, in
                     accordance with Board rules.
             (3)     Except as provided below, supervision, Supervision, including the supervision
                     of health services, is required only when a licensed psychological associate
                     engages in: assessment of personality functioning; neuropsychological
                     evaluation; psychotherapy, counseling, and other interventions with clinical
                     populations for the purpose of preventing or eliminating symptomatic,
                     maladaptive, or undesired behavior; and, the use of intrusive, punitive, or
                     experimental procedures, techniques, or measures. The Board shall adopt
                     rules implementing and defining this provision, and as in the practice of
                     psychology evolves, may identify additional activities requiring supervision
                     in order to maintain acceptable standards of practice.psychology.
     (e1) A licensed psychological associate is not subject to supervision by a qualified licensed
 psychologist and may engage in independent practice if the licensed psychological associate
 meets all of the following requirements:
             (1)     Has 3,000 hours of postgraduate degree experience in the delivery of
                     psychological services under the supervision of one or more qualified licensed
                                    *DRS45241-ST-35*
     General Assembly Of North Carolina                                                    Session 2023
                      psychologists within a time period of at least 24 consecutive months and less
                      than 60 consecutive months.
              (2)     Submits an application for independent practice with proof of the required
                      supervision experience in subdivision (1) of this subsection.
     (e2) The Board shall approve a licensed psychological associate to engage in independent
 practice if the licensed psychological associate meets the requirements of subsection (e1) of this
 section.
     …."
              SECTION 2. G.S. 90-270.153 is amended by adding a new subsection to read:
     "(h) A licensed psychological associate who does not possess a certification as a health
 services provider psychological associate may, upon completion of the requirements specified in
 G.S. 90-270.139(e1), be granted certification as a health services provider psychological
 associate upon submission of the application fee in accordance with G.S. 90-270.151(b)(9)."
              SECTION 3.(a) G.S. 90-270.140 reads as rewritten:
 "§ 90-270.140. Psychology Board; appointment; term of office; composition.
     (a)      For the purpose of carrying out the provisions of this Article, there is created a North
 Carolina Psychology Board, which shall consist of seven members appointed by the Governor.
     (b)      At all times three members shall be licensed psychologists, two members shall be
 licensed psychological associates, and two members shall be members of the public who are not
 licensed under this Article. The Governor shall give due consideration to the adequate
 representation of the various fields and areas of practice of psychology and to adequate
 representation from various geographic regions in the State.
     (c)      Terms of office shall be three years. All terms of service on the Board expire June 30
 in appropriate years. Each Board member shall serve until his or her successor has been
 appointed. As the term of a member expires, or if one should become vacant for any reason, the
 Governor shall appoint a new member within 60 days of the vacancy's occurring.
     (d)      As the term of a psychologist member expires, or as a vacancy of a psychologist
 member occurs for any other reason, the North Carolina Psychological Association, or its
 successor, shall, having sought the advice of the chairs of the graduate departments of psychology
 in the State, for Board shall solicit applications for membership from all licensees of the Board;
 from the applications, the Board shall submit the names of the applicants qualified in accordance
 with G.S. 90-270.139 to all licensees for a vote. For each vacancy, the Board shall submit to the
 Governor a list of the names of three eligible persons. applicants receiving the most votes from
 the licensees. From this list the Governor shall make the appointment for a full term, or for the
 remainder of the unexpired term, if any. Each Board member shall serve until his or her successor
 has been appointed. As the term of a member expires, or if one should become vacant for any
 reason, the Governor shall appoint a new member within 60 days of the vacancy's occurring.
     (e)      No member, either public or licensed under this Article, shall serve more than three
 complete consecutive terms."
              SECTION 3.(b) This section becomes effective October 1, 2023, and applies to
 vacancies existing on or after that date.
              SECTION 4. Except as otherwise provided, this act becomes effective October 1,
 2023.
     Page 2                                                                           DRS45241-ST-35
Statutes affected: 
Filed: 90-270.139, 90-270.153, 90-270.140
Edition 1: 90-270.139, 90-270.153, 90-270.140