WSR 08-03-121

PROPOSED RULES

DEPARTMENT OF HEALTH


(Board of Psychology)

[ Filed January 23, 2008, 7:22 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-17-130.

Title of Rule and Other Identifying Information: Repealing WAC 246-924-090 Psychologists; and amending WAC 246-924-070 Psychologists written examination, 246-924-095 Failure of oral examination, 246-924-100 Qualifications for granting of license by endorsement, 246-924-150 Certificates of qualification -- Procedure for additional areas of function, 246-924-160 Continued supervision of persons receiving certificates of qualification and 246-924-480 Temporary permits; and new section WAC 246-924-495 Qualifications for granting a license.

Hearing Location(s): Everett Events Center, Executive Board Room, 2000 Hewitt Avenue, Everett, WA 98201, on February 29, 2008, at 10:00 a.m.

Date of Intended Adoption: February 29, 2008.

Submit Written Comments to: Betty Moe, Department of Health, P.O. Box 47869, Olympia, WA 98504-7869, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-4909, by February 22, 2008.

Assistance for Persons with Disabilities: Contact Betty Moe, program manager, by February 22, 2008, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The passing of ESSB 6554 in 2004 gave the examining board of psychology (board) flexibility in the types of examination required by applicants for licensure. The board decided to eliminate the oral examination requirement and require a written jurisprudence examination. The proposed rules clarify the examination requirements and delete the oral exam references.

Reasons Supporting Proposal: The proposed rules are necessary to implement ESSB 6554.

Statutory Authority for Adoption: RCW 18.83.050.

Statute Being Implemented: RCW 18.83.070 and 18.83.072.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Examining board of psychology, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Betty Moe, Program Manager, 310 Israel Road, Tumwater, WA, (360) 236-4912.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No small business economic impact statement has been prepared in accordance with RCW 19.85.030 (1)(a), the proposed rule will not impose more than minor costs on businesses in an industry.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Betty Moe, Program Manager, Department of Health, P.O. Box 47869, Olympia, WA 9804 [98504], phone (360) 236-4912, fax (360) 236-4909, e-mail Betty.Moe@doh.wa.gov.

January 22, 2008

Karen Kelley

Deputy Executive Director

for Thomas Wall

Chair

OTS-9904.3


AMENDATORY SECTION(Amending Order 349B, filed 3/18/93, effective 4/18/93)

WAC 246-924-070   Psychologists -- Written examination.   ((Written examination requirements:)) The written exam requirement consists of two separate examinations.

(1) The written examination ((that is used in the state of)) Washington state uses is the national Examination of Professional Practice of Psychology (EPPP). ((The examination consists of objective multiple choice questions covering the major areas of psychology. Each form of the examination contains between 150 and 200 items in the areas listed below:

(1) Background information, including physiological psychology and comparative psychology, learning, history, theory and systems, sensation and perception, motivation, social psychology, personality, cognitive processes, developmental psychology and psychopharmacology.

(2) Methodology including research design and interpretation, statistics, test construction and interpretation, scaling.

(3) Clinical psychology including test usage and interpretation, diagnosis, psychopathology, therapy, judgment in clinical situations, community mental health.

(4) Behavior modification including learning and applications.

(5) Other specialties including management consulting, industrial and human engineering, social psychology, t-groups, counseling and guidance, communication systems analysis.

(6) Professional conduct and ethics including inter-disciplinary relations and knowledge of professional affairs.

The cutoff score which the Washington state board of examiners uses is 70% of the raw score, or the national mean of all first time doctorates, whichever is the lowest.))

(a) The Association of State and Provincial Psychology is responsible for the development and administration of the national exam.

(b) To be considered for licensure applicants must receive a score of at least 70% or the national mean, whichever is lowest.

(2) The jurisprudence examination covers professional judgment, knowledge of state laws, and ethics pertaining to the practice of psychology.

(a) The department of health administers the jurisprudence examination on behalf of the examining board of psychology.

(b) To be considered for licensure applicants must receive a score of at least 90%.

[Statutory Authority: RCW 18.83.050. 93-07-078 (Order 349B), 246-924-070, filed 3/18/93, effective 4/18/93; 91-04-020 (Order 117B), recodified as 246-924-070, filed 1/28/91, effective 2/28/91; 82-18-073 (Order PL 404), 308-122-220, filed 9/1/82; 80-07-010 (Order PL 346), 308-122-220, filed 6/9/80; 79-08-009 (Order PL-309), 308-122-220, filed 7/9/79; Order PL-245, 308-122-220, filed 4/15/76.]


AMENDATORY SECTION(Amending WSR 94-12-039, filed 5/25/94, effective 6/25/94)

WAC 246-924-095   Failure of ((oral)) written examinations.   ((After an oral examination failure,)) An applicant ((shall)) who fails either examination required under WAC 246-924-070 may sit for reexamination as follows:

(1) First reexamination: At ((the next)) any following examination administration date ((or any subsequent administration date));

(2) Second or subsequent reexamination: ((At least one year after the date of the first reexamination;

(3) Successive reexamination: At least one year after the date of the previous reexamination and after having shown adequate proof of meeting any additional professional training required by the board.)) A minimum of two months after the failure of the previous examination.

[Statutory Authority: RCW 18.83.050(5). 94-12-039, 246-924-095, filed 5/25/94, effective 6/25/94.]


AMENDATORY SECTION(Amending WSR 93-21-024, filed 10/13/93, effective 11/13/93)

WAC 246-924-100   Qualifications for granting of license by endorsement.   (((1))) Candidates applying for licensure ((pursuant to the provisions of)) under RCW 18.83.170 (1) and (2) shall:

(((a))) (1) Provide evidence of meeting the educational requirements set forth in RCW 18.83.070 in effect ((at the time)) when the applicant ((entered)) completed his((/)) or her doctoral program; and

(((b))) (2) Pass the ((oral)) jurisprudence examination administered by the ((board pursuant to RCW 18.83.050)) department on behalf of the board, as described in WAC 246-924-070.

(((2) Candidates applying for licensure pursuant to the provisions of RCW 18.83.170(3) shall:

(a) Pass the oral examination administered by the board pursuant to RCW 18.83.050.))

[Statutory Authority: RCW 18.83.050(5). 93-21-024, 246-924-100, filed 10/13/93, effective 11/13/93. Statutory Authority: RCW 18.83.050. 91-04-020 (Order 117B), recodified as 246-924-100, filed 1/28/91, effective 2/28/91; 88-09-029 (Order PM 722), 308-122-235, filed 4/15/88.]


AMENDATORY SECTION(Amending Order 117B, filed 1/28/91, effective 2/28/91)

WAC 246-924-150   Certificates of qualification -- Procedure for additional areas of function.   A person receiving a certificate of qualification may apply for certification in an additional area of function by updating his/her application form and references((,)) for purposes of board review under WAC 246-924-160 and submitting the required fee ((and by taking an oral examination in the new area following the procedures outlined above)).

[Statutory Authority: RCW 18.83.050. 91-04-020 (Order 117B), recodified as 246-924-150, filed 1/28/91, effective 2/28/91. Statutory Authority: RCW 18.83.090. 89-19-053 (Order PM 862), 308-122-430, filed 9/19/89, effective 10/20/89; Order PL 202, 308-122-430, filed 10/1/75.]


AMENDATORY SECTION(Amending Order 117B, filed 1/28/91, effective 2/28/91)

WAC 246-924-160   Continued supervision of persons receiving certificates of qualification.   (1) The law ((states that the)) requires holders of a certificate of qualifications ((must)) to perform psychological functions "under the periodic direct supervision of a psychologist licensed by the board." The board's interpretation of this statement is that ((the)) a holder of a certificate of qualification, referred to as a "psychological assistant," is certified in tandem with a licensed psychologist and not in his or her own right. ((That is,)) The board will evaluate ((simultaneously)), at the same time, the professional capabilities of the certificate of qualifications applicant, and the qualifications of the licensed psychologist to supervise the psychological assistant in the specific professional functions outlined by the psychological assistant. The board(('s approval of an association between a)) must examine and approve the professional qualifications of the psychological assistant applicant and ((a)) the licensed psychologist ((is done purely on an examination of the professional qualifications of the two parties concerned and on the execution of an agreement between the two of them as proposed supervisor and supervisee. The board in no way involves itself with the)) and their supervisor-supervisee agreement. The board does not approve specific work conditions, fees, salaries, and related factors ((except insofar as they have a bearing on the)) as relevant to the nature and quality of the professional relationship or services offered to the public.

(2) The applicant must indicate on the application form, in detail, his or her areas of intended practice. After initial screening (evaluation of the person's education, experience, and supervision) and passing the ((national)) written examinations, the applicant shall furnish the board with a plan for continued supervision, which will include detailed information regarding the supervisor, which indicates an agreement to supervise. ((The board will use this information in conjunction with the oral examination to assess the supervision plans.))

(3) Minimum supervision shall ((entail)) include discussion of the psychological assistant's work through regularly scheduled contacts with the supervisor at appropriate intervals. Whenever possible, supervision should consist of occasional direct observation or review of ((taped)) recorded case material. The supervisor shall be responsible for preparing evaluative reports of the psychological assistant's performance, which will be forwarded to the ((division of professional licensing)) board on a periodic basis.

(4) When a licensed psychologist assumes the responsibility of supervision, he or she shares the professional and ethical responsibility for the nature and quality of all of the psychological services ((as)) the psychological assistant may provide. Failure to provide supervision ((when such a relationship is claimed)) as described in the agreement may result in appropriate action against the license of the supervisor.

(5) Interruption or termination of a supervisory relationship shall be promptly communicated to the ((division of professional licensing)) board by the supervisor or the psychological assistant.

(6) In every case where psychological testing is done and a report is written based on that testing by a psychological assistant, the supervising licensed psychologist will countersign the report indicating his or her approval.

(7) An applicant or holder of a certificate may apply to the board for authority to work without immediate supervision in particular areas of function. In these cases, the board may require further evidence of proficiency. Even though the immediate supervision requirement is waived for the psychological ((affiliate)) assistant, periodic supervisory consultation as deemed appropriate by the board is required. Evidence of supervisory consultation must be submitted to the ((division of professional licensing)) department of health with the annual license renewal fee.

(8) The board will conduct appropriate review and make its decision under this section for any application submitted under WAC 246-924-150 for certification of an additional area of function.

[Statutory Authority: RCW 18.83.050. 91-04-020 (Order 117B), recodified as 246-924-160, filed 1/28/91, effective 2/28/91. Statutory Authority: RCW 18.83.090. 89-19-053 (Order PM 862), 308-122-440, filed 9/19/89, effective 10/20/89; Order PL 202, 308-122-440, filed 10/1/75.]


AMENDATORY SECTION(Amending Order 117B, filed 1/28/91, effective 2/28/91)

WAC 246-924-480   Temporary permits.   (((1) Pursuant to RCW 18.83.082(1),)) A temporary permit is issued ((to a license applicant:

(a))) under RCW 18.83.082 and is valid for no more than ((1)) ninety days within one calendar year from the date ((of issue;

(b) Is terminated if the license applicant fails either the written or oral examination administered by the board pursuant to RCW 18.83.050; and/or,

(c) Is terminated if the license applicant fails to appear for a scheduled written or oral examination, unless the applicant notifies the board in advance of the inability to appear)) it is issued.

[Statutory Authority: RCW 18.83.050. 91-04-020 (Order 117B), recodified as 246-924-480, filed 1/28/91, effective 2/28/91; 88-09-029 (Order PM 722), 308-122-720, filed 4/15/88.]


NEW SECTION
WAC 246-924-495   Qualifications for granting a license.   Candidates applying for initial licensure under RCW 18.83.170 must meet the following requirements:

(1) Submit a completed application form provided by the department.

(2) Pay the application and examination fees described in WAC 246-924-990.

(3) Provide evidence of completing a doctoral degree program described in WAC 246-924-046.

(4) Provide evidence of completing the practicum requirement set forth in WAC 246-924-049.

(5) Provide evidence of completing the internship experience requirement as defined in WAC 246-924-056.

(6) Provide evidence of completion of supervised experience requirement as defined in WAC 246-924-053 and 246-924-059.

(7) Pass the national Examination of Professional Practice of Psychology (EPPP) described in WAC 246-924-070.

(8) Pass the jurisprudence examination in WAC 246-924-070.

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Washington State Code Reviser's Office