Area 3: Other Psychology Board Laws and Rules

Question 1

Definitions: Psychologist

Answer 1

means any person who holds self out to the public by any title or description of services incorporating the words “psychologic,” “psychological,” “psychologist,” “psychology,” or any other terms that imply the person is trained, experienced, or an expert in the field of psychology.

Question 2

Definitions: The Practice of Psychology

Answer 2

means rendering or offering to render to individuals, groups, organizations, or the public any service involving the application of psychological procedures to assessment, diagnosis, prevention, treatment, or amelioration of psychological problems or emotional or mental disorders of individuals or groups; or to the assessment or improvement of psychological adjustment or functioning of individuals or groups, whether or not there is a diagnosable pre-existing psychological problem. Practice of psychology includes the practice of school psychology. For purposes of this chapter, teaching or research shall not be regarded as the practice of psychology, even when dealing with psychological subject matter, provided it does not otherwise involve the professional practice of psychology in which patient or client welfare is directly affected.

Question 3

Definitions: Psychological Procedures

Answer 3

include but are not restricted to application of principles, methods, or procedures of understanding, predicting, or influencing behavior, such as the principles pertaining to learning, conditioning, perception, motivation, thinking, emotions, or interpersonal relationships; the methods or procedures of verbal interaction, interviewing, counseling, behavior modification, environmental manipulation, group process, psychological psychotherapy, or hypnosis; and the methods or procedures of administering or interpreting tests of mental abilities, aptitudes, interests, attitudes, personality characteristics, emotions, or motivation.

Question 4

Definitions: School Psychologist

Answer 4

means any person who holds self out to the public by any title or description of services incorporating the words “school psychologist” or “school psychology,” or who holds self out to be trained, experienced, or an expert in the practice of school psychology.

Question 5

Definitions: The Practice of School Psychology

Answer 5

means rendering or offering to render to individuals, groups, organizations, or the public any of the following services:

(1) Evaluation, diagnosis, or test interpretation limited to assessment of intellectual ability, learning patterns, achievement, motivation, or personality factors directly related to learning problems in an educational setting;
(2) Counseling services for children or adults for amelioration or prevention of educationally related learning problems;
(3) Educational or vocational consultation or direct educational services. This does not include industrial consultation or counseling services to clients undergoing vocational rehabilitation.

Question 6

Definitions: Licensed Psychologist

Answer 6

means an individual holding a current, valid license to practice psychology issued under section 4732.12 or 4732.15 of the Revised Code.

Question 7

Definitions: Licensed School Psychologist

Answer 7

means an individual holding a current, valid license to practice school psychology issued under section 4732.12 or 4732.15 of the Revised Code.

Question 8

Definitions: Certified School Psychologist

Answer 8

means an individual holding a current, valid school psychologist certificate issued under division (M) of section 3319.22 of the Revised Code.

Question 9

Definitions: “Mental health professional” and “mental health service”

Answer 9

have the same meanings as in section 2305.51 of the Revised Code.

Question 10

Registration of Licenses

Answer 10

On or before the thirty-first day of August of each even-numbered year, each person licensed by the state board of psychology shall register with the board on a form prescribed by the board, giving the person’s name, address, license number, the continuing education information required by section 4732.141 [4732.14.1] of the Revised Code, and such other reasonable information as the board requires, and pay to the board secretary a biennial registration fee in an amount determined by the board, but not to exceed two hundred seventy-five dollars in fiscal year 2000 and three hundred fifty dollars in each fiscal year thereafter. A person licensed for the first time on or before the thirty-first day of August of an even-numbered year shall next be required to register on or before the thirty-first day of August of the next even-numbered year.
Before the first day of August of each even-numbered year, the secretary shall send a notice to each licensed psychologist and licensed school psychologist, whether a resident or not, at the licensed psychologist’s or licensed school psychologist’s last known address, that the licensed psychologist’s or licensed school psychologist’s biennial registration form and fee are due on or before the last day of August. Before the fifteenth day of September of such years, the secretary shall send a second notice to each such person who has not paid the registration fee or registered with the board as required by this section. A license of any licensed psychologist or licensed school psychologist shall automatically be suspended if the biennial registration fee is not paid or the registration form is not received on or before the thirtieth day of September of a renewal year. Within five years thereafter, the board may reinstate any license so suspended upon payment of the current registration fee and a penalty not to exceed fifty dollars, as determined by the board, and receipt of the registration form completed by the registrant in accordance with this section and section 4732.141 [4732.14.1] of the Revised Code or in accordance with any modifications authorized by the board under division (F) of section 4732.141 [4732.14.1] of the Revised Code. The board may by rule waive the payment of the registration fee and completion of the continuing psychology education required by section 4732.141 [4732.14.1] of the Revised Code by a licensed psychologist or licensed school psychologist when the licensed psychologist or licensed school psychologist is on active duty in the armed forces of the United States.
Each licensed psychologist and licensed school psychologist shall notify the secretary of any change in the licensed psychologist’s or licensed school psychologist’s office address or employment within ninety days of such change.

Question 11

Grounds for denial, suspension, or revocation of license. (1-12)

Answer 11

(A) The state board of psychology may refuse to issue a license to any applicant, may issue a reprimand, or suspend or revoke the license of any licensed psychologist or licensed school psychologist, on any of the following grounds:
(1) Conviction of a felony, or of any offense involving moral turpitude, in a court of this or any other state or in a federal court;
(2) Using fraud or deceit in the procurement of the license to practice psychology or school psychology or knowingly assisting another in the procurement of such a license through fraud or deceit;
(3) Accepting commissions or rebates or other forms of remuneration for referring persons to other professionals;
(4) Willful, unauthorized communication of information received in professional confidence;
(5) Being negligent in the practice of psychology or school psychology;
(6) Using any controlled substance or alcoholic beverage to an extent that such use impairs the person’s ability to perform the work of a psychologist or school psychologist with safety to the public;
(7) Subject to section 4732.28 of the Revised Code, violating any rule of professional conduct promulgated by the board;
(8) Practicing in an area of psychology for which the person is clearly untrained or incompetent;
(9) An adjudication by a court, as provided in section 5122.301 [5122.30.1] of the Revised Code, that the person is incompetent for the purpose of holding the license. Such person may have the person’s license issued or restored only upon determination by a court that the person is competent for the purpose of holding the license and upon the decision by the board that such license be issued or restored. The board may require an examination prior to such issuance or restoration.
(10) Waiving the payment of all or any part of a deductible or copayment that a patient, pursuant to a health insurance or health care policy, contract, or plan that covers psychological services, would otherwise be required to pay if the waiver is used as an enticement to a patient or group of patients to receive health care services from that provider;
(11) Advertising that the person will waive the payment of all or any part of a deductible or copayment that a patient, pursuant to a health insurance or health care policy, contract, or plan that covers psychological services, would otherwise be required to pay;
(12) Notwithstanding divisions (A)(10) and (11) of this section, sanctions shall not be imposed against any licensee who waives deductibles and copayments:
(a) In compliance with the health benefit plan that expressly allows such a practice. Waiver of the deductibles or copays shall be made only with the full knowledge and consent of the plan purchaser, payer, and third-party administrator. Such consent shall be made available to the board upon request.
(b) For professional services rendered to any other person licensed pursuant to this chapter to the extent allowed by this chapter and the rules of the board.
(B) Except as provided in section 4732.171 [4732.17.1] of the Revised Code, before the board may deny, suspend, or revoke a license under this section, or otherwise discipline the holder of a license, written charges shall be filed with the board by the secretary and a hearing shall be had thereon in accordance with Chapter 119. of the Revised Code.

Question 12

The practice of psychology or school psychology, as distinct from the performance of psychological or school psychological tasks, includes but is not restricted to the use of the title “psychologist” or “school psychologist” and/or the exercise of the professional judgments of psychological or school psychological diagnosis, psychological or school psychological prescription, or psychological or school psychological client supervision.

Answer 12

(1) “Psychological or school psychological diagnosis” is the determination, after study, analysis, and description, that a problem is a psychological problem.
(2) “Psychological or school psychological prescription” is the determination of which psychological procedures should be applied for the prevention, treatment or amelioration of psychological problems.
(3) “Psychological or school psychological client supervision” is the determination of when, in what sequence, and to what degree particular approaches for dealing with the psychological problem of the client shall be initiated, continued, or discontinued. It may include the evaluation and management of patients and psychological effects to determine if prescribed medications might be helpful in alleviating their psychological symptoms and referring a client to a physician for prescription medication(s) if that is in the best interest of the client. When a client is on a prescribed medication, the psychologist may evaluate and monitor the psychological effects of that medication to determine the psychological effects of such medications on the patient, in a consultative relationship with the prescribing physician.

Question 13

“Consultative relationship” with a physician licensed to practice medicine, as used in section 4732.20 of the Revised Code:

Answer 13

(1) Shall mean that when a licensed psychologist judges the medical problems of his/her client to warrant medical attention, he/she will either determine that the client is under the medical care of a physician or offer to assist the client to obtain the medical help of an appropriate physician, and shall consult with that physician as the psychologist deems necessary for the client’s welfare, consonant with section 4732.19 of the Revised Code, relative to privileged communication.
(2) Shall not be interpreted to imply that the physician is to supervise the licensed psychologist or is necessarily to be the source of referrals of patients/clients to the licensed psychologist.
(3) May include evaluating and managing the psychological effects of various medications on a patient who has been prescribed medications by a physician and reporting, as appropriate for the welfare of the patient

Question 14

Definitions: Evaluee

Answer 14

as used in agency-level 4732 of the Administrative Code, means a person evaluated by a psychologist or school psychologist pursuant to a third party referral from a court, other adjudicative body, or other agency or organization when the referring party might serve as the client for the purpose of receiving a report of services specific to the person(s) evaluated.

Question 15

Definition: professional psychological role

Answer 15

as used in agency-level 4732 of the Administrative Code, exists when a psychologist renders directly or through
supervision to an individual, group, organization, or the public any service involving the application of psychological procedures to the assessment,
diagnosis, prevention, treatment, or amelioration of psychological problems or emotional or mental disorders; or to the assessment or improvement of
psychological adjustment or functioning of individuals or groups, whether or not there is a diagnosable pre-existing psychological problem. A professional psychological role exists when school psychological services are rendered and when psychological supervision or mental health worker supervision is provided. For the purposes of this rule, professional psychological roles do not include
teaching or research even when dealing with psychological subject matter, provided that it does not otherwise involve rendering or offering to render
professional services in which patient or client welfare is directly affected.

Question 16

Definitions: Telepsychology

Answer 16

means the practice of psychology or school psychology as
those terms are defined in divisions (B) and (E) of section 4732.01 of the Revised Code, including psychological and school psychological supervision, by distance communication technology such as but not necessarily limited to telephone, email, Internet-based communications, and videoconferencing.

Question 17

Psychological procedures which create a serious hazard to mental health and require professional expertise in psychology

Answer 17

(A) Consistent with division (B) of section 4732.23 of the Revised Code, persons regulated under other sections of the Revised Code can use hazardous psychological procedures when consistent with their professions, provided they do not hold themselves out to the public by the title “psychologist.” As defined in division (A) of section 4732.01 of the Revised Code, using the terms “psychologic,” “psychological,” or “psychology” in describing the services offered constitutes holding oneself out to the public as a psychologist even though use of the procedures under other names may be permitted, as provided by law.

Question 18

The board judges, in accord with division (C) of section 4732.23 of the Revised Code, that the following psychological procedures are a serious hazard to mental health and require professional expertise in psychology (1-13)

Answer 18

(1) Psychological and school psychological diagnosis
(2) Psychological and school psychological prescription
(3) Psychological and school psychological client supervision
(4) Sensitivity training
(5) Confrontation groups
(6) Hypnotic techniques for diagnostic, treatment, or other psychotherapeutic purposes
(7) Individual intelligence testing, assessment of cognitive processing, or determination of individual intelligence
(8) Personality evaluation
(9) Individual and group psychological psychotherapy
(10) Psychological behavior psychotherapy such as, but not limited to, implosive therapy, aversive therapy, and desensitization
(11) Couples and family psychological psychotherapy
(12) Psychological psychotherapy for sexual dysfunctions or disorders
(13) Psychological pharmacological consultation, as defined by procedures specified in paragraph (C) (3) of rule 4732-3-01 of the Administrative Code.

Question 19

Scope of psychological procedures which create a serious hazard to mental health and require professional expertise in psychology

Answer 19

The scope of rules 4732-5-01 and 4732-5-02of the Administrative Code concerns solely the implementation of the board’s rule-making authority under division (C) of section 4732.23 of the Revised Code. These above-mentioned rules apply to those persons who do not hold a license granted by this board and who are not exempted from the licensure requirements of Chapter 4732. of the Revised Code and who utilize psychological procedures as indicated in rule 4732-5-01 of the Administrative Code for a compensation or other personal gain.

Question 20

exemptions from licensure requirements - educator

Answer 20

(1) A certificated or educator licensed school psychologist while practicing school psychology within the scope of employment by a board of education or by a private school meeting the standards prescribed by the state board of education under division (D) of section 3301.07 of the Revised Code, or while acting as a school psychologist within the scope of employment in a program for persons with mental retardation and/or developmental disabilities established under section 5126.06 of the Revised Code;

Question 21

exemptions from licensure requirements - nonresident

Answer 21

(2) A nonresident temporarily employed in this state to render psychological services for not more than thirty days a year who successfully submits a board-prescribed application prior to practicing in Ohio and who, in the opinion of the board, meets the standards for admission to the psychology examination as described in rule 4732-9-01 of the Administrative Code and who holds whatever license or certificate, if any, is required for such practice in his/her home state or home country; however, a nonresident providing the board with evidence from the “Association of State and Provincial Psychology Boards” that he/she holds an active inter-jurisdictional practice certificate (IPC) shall be deemed to qualify for permission to practice under this paragraph; nonresidents shall have authorization to practice for not more than thirty days yearly upon written authorization granting the nonresident permission to practice;

Question 22

exemptions from licensure requirements - psych assistant

Answer 22

(3) Any unlicensed person registered with the board pursuant to paragraph (B)(24) of rule 4732-14-04 to practice psychology or school psychology under the license of a licensed psychologist or a licensed school psychologist, while carrying out specific tasks under the licensee’s supervision as an extension of the licensee’s legal and ethical authority;

Question 23

exemptions from licensure requirements - student

Answer 23

(4) A student in an accredited educational institution, while carrying out activities that are part of the prescribed course of study, provided such activities are supervised by a professional person who is qualified to perform such activities and is licensed as a psychologist or as a school psychologist or is license eligible or license exempt as described in this rule. Such student shall hold himself/herself out to the public only by clearly indicating student status and the profession in which he/she is being trained;

Question 24

exemptions from licensure requirements - minister

Answer 24

(5) A duly ordained minister while functioning in his/her ministerial capacity;

Question 25

exemptions from licensure requirements - government employee

Answer 25

(6) A person in the employ of the federal government, including use of an official title, insofar as such activities are a part of the duties in his/her position;

Question 26

exemptions from licensure requirements - chapter 4732

Answer 26

(7) A person licensed, certified, or registered under a provision of the Revised Code other than in Chapter 4732. of the Revised Code, providing he/she is practicing those arts and utilizing psychological procedures that are allowed and within the standards and ethics of the other profession or within new areas of practice that represent appropriate extensions of that profession and providing he/she does not hold himself/herself out to the public by the title “psychologist”;

Question 27

exemptions from licensure requirements - non-psychologists

Answer 27

(8) A person in any capacity who offers services of a psychological nature, provided he/she neither holds himself/herself out to the public by the title “psychologist” or “school psychologist” nor utilizes any psychological procedure this board judges to be a serious hazard to mental health and to require professional expertise in psychology, as listed in rule 4732-5-01 of the Administrative Code;

Question 28

exemptions from licensure requirements - social psychologist

Answer 28

(9) A person using the term “social psychologist” who has an earned doctoral degree in social psychology or in sociology with a social psychology major, from a sociology or social psychology department of an accredited educational institution, and who has filed with this board an appropriate official transcript demonstrating possession of such a degree, providing that such a person does not engage in the practice of psychology as set forth under division (B) of section 4732.01 of the Revised Code;

Question 29

exemptions from licensure requirements - teacher

Answer 29

(10) A person who is teaching, even when dealing with psychological subject matter, provided it does not otherwise involve the professional practice of psychology in which student or client welfare is directly affected;

Question 30

exemptions from licensure requirements - researcher

Answer 30

(11) A person who is conducting research in the field of psychology, provided it does not otherwise involve the professional practice of psychology in which student or
client welfare is directly affected.