ON MARCH 23, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 219, AS AMENDED.
AMENDMENT #1 rewrites this bill to establish certain rules regarding certified psychological testing technicians.
REQUIREMENTS
This amendment provides that a person seeking to practice as a certified psychological testing technician in this state must, before it is lawful to practice, make an application to the board through the chair, upon such form and in such manner as is adopted and prescribed by the board, including, but not limited to, the proper registration with the board of the supervisor of record for the certified psychological testing technician. Unless the person obtains a proper certificate as issued by the board, it is unlawful for the person to practice. The person violates this bill if the person practices as a certified psychological testing technician without first having obtained a proper certificate.
For the purposes of this bill, “practice as a certified psychological testing technician” means that the individual is duly authorized by the board to administer and score standardized psychological and neuropsychological tests and to observe and describe a client’s test behavior and test responses. A certified psychological testing technician must not select psychological or neuropsychological testing or versions of tests to be given, interpret test results, write test results, or give test feedback to clients.
The services provided by a certified psychological testing technician must be provided under the direct supervision of a psychologist who is registered with the board as the supervisor of record to provide such supervision for the certified psychological testing technician. The certified psychological testing technician must be employed by, or contracted with, the same work setting as the supervising psychologist who is registered with the board. Furthermore, any person engaged in the practice of psychology as a certified psychological testing technician must possess in full force and virtue a valid certificate to practice under state law. To practice otherwise, constitutes a Class B misdemeanor.
This amendment also clarifies that a certification must furnish the board with satisfactory evidence that the candidate is of good moral character; is a citizen of the United States; and is not considered by the board to be engaged in unethical practice.
Proof of completion of a bachelor's degree or graduate degree, or proof of current enrollment in a graduate degree program, from a regionally accredited university, college, or professional school, in either psychology or education with a specialization in educational psychology, counseling psychology, or school psychology. The candidate's educational training must consist of a minimum of 72 hours of total education and training relating to psychological or neuropsychological test administration and scoring that includes the following:
(1) At least 20 hours of direct observation, including at least 10 hours of direct observation of a licensed psychologist administering and scoring tests, and at least 10 hours of direct observation of either a licensed psychologist or certified psychological testing technician duly registered by the board administering and scoring tests;
(2) At least 40 hours of administering and scoring tests in the presence of a licensed psychologist; and
(3) At least 12 hours of additional education on topics related to best practices for the functions identified in (2) above. Of those 12 hours, at least three must be specifically dedicated to law and ethics, and at least three must be dedicated to multicultural competency. Additional topics must relate to growth, knowledge, and skill-based training that would enhance the candidate’s professional skill in providing care for persons with medical, psychiatric, neurocognitive, and developmental conditions commonly assessed by psychologists and neuropsychologists.
The education and training enumerated above may be obtained through any combination of: participating in individual or group instruction by a licensed psychologist; engaging in independent learning directed by a licensed psychologist; completing graduate-level coursework at a regionally accredited university, college, or professional school; or taking continuing education course from organizations offering continuing education sponsorships. However, this amendment does not prevent a person engaged in gaining the experience, training, or education required by the provisions above from administering and scoring psychological and neuropsychological tests.
In addition, the board of examiners in psychology is required to establish continuing educational requirements for certified psychological testing technicians. Each certified psychological testing technician must pay an annual registration fee as set annually by the board, payable in advance, for the ensuing year. As a condition of renewal, the board may require that the certified person establish that the certified person has satisfied any continuing education requirements established by board rule.
RESTRICTION ON METHODS OF TREATMENT AND IDENTIFICATION
Present law provides that the psychologist, or psychological examiner or senior psychological examiner or certified psychological assistant who engages in psychotherapy must establish and maintain effective intercommunication with a psychologically oriented physician, usually a psychiatrist, to make provision for the diagnosis and treatment of medical problems by a physician with an unlimited license to practice the healing arts in this state. In addition, a psychologist or, psychological examiner or senior psychological examiner or certified psychological assistant must not attempt to diagnose, prescribe for, treat or advise a client with reference to problems or complaints falling outside the boundaries of psychological practice.
Under present law, it is specifically prohibited that any individuals or organizations present themselves or be presented to the public by any title incorporating the name “psychological,” “psychologist” or “psychology” other than those licensed as psychologists or, psychological examiners or, senior psychological examiners or certified psychological assistants. Furthermore, students of psychology, psychological interns and other persons preparing for the profession of psychological examiner or, senior psychological examiner or, certified psychological assistant or psychologist under qualified supervision in recognized training institutions or facilities may be designated by such titles as “psychological intern,” “psychological trainee” or others clearly indicating such training status.
Currently, persons providing services in programs of the department of mental health and substance abuse services or the department of intellectual and developmental disabilities either as employees or through contract agencies are not engaged in the practice of psychology and need not be licensed or certified under this chapter unless they provide services as a psychological examiner or as a psychologist, or as a senior psychological examiner or certified psychological assistant.
This amendment makes these provisions above applicable to certified psychological testing technicians as well and makes any confidential relations and communications between a certified psychological testing technician placed upon the same basis as those provided by law between attorney and client and nothing in this bill must be construed to require any such privilege communication to be disclosed.
This amendment also adds that a person practices as a "certified psychological testing technician" within the meaning of this bill when the person claims to be a certified psychological testing technician or renders to individuals or the public for remuneration any service involving the application of recognized principles, methods, and procedures of the science and profession of psychology and only under the direct employment and supervision of either the psychologist or senior psychological examiner employing the certified psychological testing technician or the employing community mental health center or state governmental agency. Any and all work performed by a certified psychological testing technician is supervised by a psychologist or senior psychological examiner as determined by the board.
Present law provides that members of other recognized professions that are licensed, certified or regulated under the laws of this state are not prevented from rendering services consistent with their professional training and code of ethics so long as they do not represent themselves to be psychologists or, psychological examiners or, senior psychological examiners or certified psychological assistants. Duly recognized members of the clergy are also not restricted from functioning in their ministerial capacity so long as they do not represent themselves to be psychologists or psychological examiners or senior psychological examiners or certified psychological assistants. This amendment makes these provisions above applicable to people who may represent themselves as certified psychological testing technicians as well.
ON APRIL 20, 2023, THE HOUSE SUBSTITUTED SENATE BILL 219 FOR HOUSE BILL 271, ADOPTED AMENDMENTS # 1 AND 2, AND PASSED SENATE BILL 219, AS AMENDED.
AMENDMENT #1 makes grammatical clarifications, clarifies that applications to practice as a certified psychological testing technician must be made to the board (but not specifically through the chair), adds that a senior psychological examiner may supervise a certified psychological testing technician in the same manner as a psychologist, authorizes the board of examiners in psychology to promulgate rules (including emergency rules) to effectuate this bill, and changes this bill's effective date for purposes other than rulemaking from upon becoming a law to January 1, 2024.
AMENDMENT #2 clarifies that a candidate for certification must furnish the board with satisfactory evidence that the candidate is either a citizen or legal resident of the United States.

Statutes affected:
Introduced: 68-5-114
Amended with SA0217 -- 03/23/2023: 68-5-114, 63-11-104(h), 63-11-104, 63-11-201(a), 63-11-201, 63-11-201(c), 63-11-204(b), 63-11-204, 63-11-204(c), 63-11-205(a)(1), 63-11-205, 63-11-205(d), 63-11-206(a), 63-11-206, 63-11-206(b), 63-11-206(c)(1), 63-11-206(c), 63-11-206(g), 63-11-207, 63-11-213, 63-11-218(a), 63-11-218
Amended with SA0217, HA0400, HA0401 -- 04/20/2023: 68-5-114, 63-11-104(h), 63-11-104, 63-11-201(a), 63-11-201, 63-11-201(c), 63-11-204(b), 63-11-204, 63-11-204(c), 63-11-205(a)(1), 63-11-205, 63-11-205(d), 63-11-206(a), 63-11-206, 63-11-206(b), 63-11-206(c)(1), 63-11-206(c), 63-11-206(g), 63-11-207, 63-11-213, 63-11-218(a), 63-11-218
Amended with SA0217, HA0400, HA0401 -- 04/21/2023: 68-5-114, 63-11-104(h), 63-11-104, 63-11-201(a), 63-11-201, 63-11-201(c), 63-11-204(b), 63-11-204, 63-11-204(c), 63-11-205(a)(1), 63-11-205, 63-11-205(d), 63-11-206(a), 63-11-206, 63-11-206(b), 63-11-206(c)(1), 63-11-206(c), 63-11-206(g), 63-11-207, 63-11-213, 63-11-218(a), 63-11-218