PSYCHOLOGY ORAL EXAM & BEYOND ...

by Evelyn Jagpat O’Halloran, Psy.D.

In psychology, as in any profession or business, the key rule of entrepreneurship is to always stay informed about the laws and rules which regulate your professional practice.  This is especially important in professions and industries, regulated by licensing boards and state laws. 

Admittedly, it can be very difficult to budget the time to actually stay informed, given the multiple demands of professional and personal life and relationships.  Additionally, Texas laws and rules are always under review and subject to change.  What I have personally found helpful is joining a professional organization which actively follows issues related to the professional practice of psychology and provides avenues to keep members informed. 

For example, in Texas, TPA (Texas Psychological Association) serves such a function. It not only keeps members up to date regionally, but also provides information on the national front.  Further, it serves an advocacy function for all psychologists throughout Texas and actively lobbies to protect the rights and professional practice of psychologists.  It is also noteworthy to mention that TPA is a great source for fulfilling TSBEP professional development credits and for getting discounts on professional services.

It is also useful to regularly monitor the Texas State Board of Examiners of Psychologists’ website, where you can download the most recent version of Act and Rules of the Board.  You can also read about new developments and requirements.  However, not all of the changes to State Law and the Board Rules will be listed here.  Many are not.  For monitoring house and senate bills which impact the laws which govern the practice of psychology, a great resource is LegiScan.com.

What’s New?

2013 has been a productive year of changes which will impact the professional practice of psychology.  Here is a brief overview of recent changes to Texas Law and Texas State Board of Examiners of Psychologists Act and Rules, which relate to the practice of psychology in the state of Texas. 

1. HB 807 now law.  The title “Psychologist” is now reserved for Licensed Psychologists, even in exempt agencies.  This does not apply to the activity or service of a person or the use of the title by the person, who is employed as a psychologist or psychological associate by a regionally accredited institution of higher education if the person performs duties the person is employed to do by the institution and within the confines of the institution.  This does not prohibit the use of the term psychological intern or trainee, as long as the title indicates the individual’s training status.  At the recent annual TPA convention, Attorney Darrel Spinks advised that persons refrain from using variations of the term psychologist, such as Associate Psychologist, when not licensed, as it is misleading to the public.
2. HB 808 now law.  This grants the authority to psychologists to delegate services (including treatment and assessment) to a person under the psychologist’s supervision.  As a result, provisionally licensed psychologists, PLPs are now permitted to bill and get reimbursed for supervised services.
3. SB 152 now law. In stances where an adult reports that he/she was the victim of abuse or neglect as a child and it is reasonably determined that the alleged or suspected perpetrator of the abuse or neglect may presently pose a threat of abuse or neglect to a child or an elderly or disabled person, psychologists are now required to make a report to the appropriate state agency.
4. Board Rule 465.18  Forensic Services.  Forensic opinions on child visitation and parenting arrangements must be supported by a forensic evaluation specific to the question.  The assessment and recommendations must address the issue of visitation and/or parenting  specifically versus a general assessment.  Further, it must include an evaluation of all affected parties.
5. Board Rule 465.15  Fees and Financial Arrangements.  Use of collection agencies without proper notice to the patient is prohibited.  Psychologists are required to give the client 30 days written notice and provide a reasonable opportunity for the client to pay his/her bill prior to passing a case on to collections or taking legal action.
6. Board Rule 473.4  Late Fees For Renewals (LP, PLP, LPA).  Fees have increased based on an increase in the price of the EPPP.
7. Board Rule 469.1  Timeliness of Complaints.  Time limitations have changed in situations involving sexual misconduct and records violations.  Complaints may be filed 7 years after termination of services or 3 years after the patient reaches the age of majority, whichever is greater.
8. Board Rule 465.22  Psychological Reports, Test Data and Test Protocols.  Psychologists are now required to retain patient records 7 years after termination of services or 3 years beyond the age of majority, whichever is longer.  The standards for withholding records have also changed to be in line with the minimum standards of HIPAA.  Now, psychologists can withhold records if it is reasonably determined that the information may be harmful to the patient’s life and/or the physical safety of the patient or another person.
9. Board Rule 465.38 Psychological Services in Schools.  This rule makes the distinction between psychological services delivered in schools versus the community.  Persons practicing under a LSSP license may only deliver services within schools and not in the community.
10. Board Rule 463.15  Oral Examination.  The Health Service Provider (HSP) waiver has been eliminated.  This was done because the standards are not considered equivalent.
11. Board Rule 473.3  The Annual Renewal Fee has been minimally increased.
12. Board Rule 465.21  Termination of Services.  An LSSPs working in public schools must provide a written resignation prior to termination of services or leaving employment, without cause.  An LSPP may also resign at any time if given written consent or if the resignation is for cause.
13. Board Rule 463.31  Uses of Titles During Practicum, Internship & Supervised Experience When Applicant Holds Another License.  A licensee may now use his/her title (e.g. LPA) during a training or supervision experience.
14. Board Rule 461.11  Professional Development.  Starting October 1, 2014, all licensees renewing their license are required to show a completion of 20 hours (versus 12) of Professional Development (formally referred to as continuing education).  Of these 20 hours, 3 must be in the areas of ethics, Board rules, or professional responsibility; 3 must be in the area of cultural diversity.  Additionally, 10 of the required hours must be obtained from or endorsed by national, regional, state or local psychological associations, public school districts, regional service centers for public school districts, regional service centers for public school districts, or psychology programs at regionally accredited institutions of higher education.

For your own information and in order to ensure the accuracy of statements contained within this article as of the date of your reading this article (given the ever changing landscape of information), you are encouraged to review the actual laws and rules before relying upon any statement or summary of laws and rules discussed herein.  Further, if you have any questions please call the legal department at Texas State Board of Examiners of Psychologists or of the Texas Psychological Association.

Those with access to our Psychology Oral Exam Online Testing Program may visit the Useful Links Section.

I wish you every success on your Orals in January!

Dr. Eve

Please click on Leave Reply below to see Social Media Icons, Like, Share or Leave a Comment

 

 

Tags: psychology, psychology texas, Texas Psychology Board rules of practice, Texas psychology laws, Texas psychology oral exam, Texas psychology rules and regulations, Texas state board of examiners of psychologists, TSBEP, TSBEP rules, TSBEP rules of practice