CHAPTER 54 ‑ NORTH CAROLINA PSYCHOLOGY BOARD

 

 

SECTION .0100 ‑ ORGANIZATION

 

 

21 NCAC 54 .0101             NAME

21 NCAC 54 .0102             ADDRESS AND OFFICE HOURS

21 NCAC 54 .0103             PURPOSE

21 NCAC 54 .0104             COMPOSITION

21 NCAC 54 .0105             ELECTION AND DUTIES OF OFFICERS

21 NCAC 54 .0106             QUALIFICATIONS OF BOARD MEMBERS

21 NCAC 54 .0107             MEETINGS

21 NCAC 54 .0108             RECORDS AND ANNUAL REPORT

21 NCAC 54 .0109             DEFINITIONS

 

History Note:        Authority G.S. 90‑270.1; 90‑270.2; 90‑270.3; 90‑270.4; 90‑270.6; 90‑270.7;

90‑270.9; 90‑270.10; 93B‑4;

Eff. February 1, 1976;

Amended Eff. January 1, 1980; July 20, 1976; June 7, 1976;

Readopted Eff. December 9, 1977;

Repealed Eff. September 1, 1982.

 

SECTION .0200 ‑ LICENSES

 

 

21 NCAC 54 .0201             PRACTICING PSYCHOLOGISTS

21 NCAC 54 .0202             PSYCHOLOGICAL ASSOCIATE

21 NCAC 54 .0203             TEMPORARY LICENSES

21 NCAC 54 .0204             UPGRADING OF LICENSE

 

History Note:        Authority G.S. 90‑270.2; 90‑270.5; 90‑270.9; 90‑270.11;

Eff. February 1, 1976;

Amended Eff. January 1, 1980; March 1, 1979; November 1, 1977; July 20, 1976;

Readopted Eff. December 9, 1977;

Repealed Eff. September 1, 1982.

 

21 NCAC 54 .0205             SUPERVISION

 

History Note:        Authority G.S. 90‑270.2(f); 90‑270.5(d); 90‑270.9;

Eff. December 7, 1976;

Readopted Eff. December 9, 1977;

Amended Eff. January 1, 1980;

Repealed Eff. September 1, 1982.

 

SECTION .0300 ‑ APPLICATION FOR LICENSURE

 

 

21 NCAC 54 .0301             FILING APPLICATION

21 NCAC 54 .0302             CREDENTIALS REQUIRED

21 NCAC 54 .0303             EDUCATION REQUIREMENTS

21 NCAC 54 .0304             EXAMINATION REQUIREMENT

21 NCAC 54 .0305             EXPERIENCE REQUIREMENTS

21 NCAC 54 .0306             REVIEW PROCEDURE

21 NCAC 54 .0307             ETHICS

21 NCAC 54 .0308             ISSUANCE OF LICENSE

21 NCAC 54 .0309             APPLICANTS LICENSED IN OTHER STATES

21 NCAC 54 .0310             APPLICANTS WITH DIPLOMAS FROM ABPP

 

History Note:        Authority G.S. 90‑270.2(f); 90‑270.4(a); 90‑270.9; 90‑270.11; 90‑270.13;

150A‑11(1);

Eff. February 1, 1976;

Amended Eff. January 1, 1980; March 1, 1979; July 20, 1976;

Readopted Eff. December 9, 1977;

Repealed Eff. September 1, 1982.

 

21 NCAC 54 .0311             WAIVER OF REQUIREMENTS

 

History Note:        Authority G.S. 90‑270.9, 90‑270.12;

Eff. February 1, 1976;

Repealed Eff. December 9, 1977.

 

21 NCAC 54 .0312             RECORDS OF DECISIONS REGARDING LICENSURE

 

History Note:        Authority G.S. 90‑270.9; 150A‑11(3);

Eff. February 1, 1976;

Readopted Eff. December 9, 1977;

Repealed Eff. September 1, 1982.

 

SECTION .0400 ‑ THE EXAMINATION

 

 

21 NCAC 54 .0401             EXAMINATION FEE

21 NCAC 54 .0402             NOTICE: SCHEDULE AND LOCATION OF EXAMINATION

21 NCAC 54 .0403             TYPES OF EXAMINATION

21 NCAC 54 .0404             EXAMINATION SCORES

21 NCAC 54 .0405             REPORTING OF SCORES

21 NCAC 54 .0406             RETAKING THE EXAMINATION

21 NCAC 54 .0407             FAILURE TO APPEAR FOR EXAMINATION

 

History Note:        Authority G.S. 90‑270.9; 90‑270.11; 90‑270.13;

Eff. February 1, 1976;

Amended Eff. January 1, 1980;

Readopted Eff. December 9, 1977;

Repealed Eff. September 1, 1982.

 

SECTION .0500 ‑ RENEWAL OF LICENSES

 

 

21 NCAC 54 .0501             LICENSE RENEWAL FORM

21 NCAC 54 .0502             TIME OF RENEWAL

21 NCAC 54 .0503             RENEWAL FEE

21 NCAC 54 .0504             LATE FEE

21 NCAC 54 .0505             SECOND NOTICE

21 NCAC 54 .0506             FAILURE TO RENEW

 

History Note:        Authority G.S. 90‑270.9; 90‑270.14; 150A‑3(b); 150A‑11(1);

Eff. February 1, 1976;

Readopted Eff. December 9, 1977;

Repealed Eff. September 1, 1982.

 

SECTION .0600 ‑ REFUSAL: SUSPENSION: OR REVOCATION OF LICENSE

 

 

21 NCAC 54 .0601             GROUNDS FOR REFUSAL: SUSPENSION OR REVOCATION

21 NCAC 54 .0602             THE PROCEDURE

21 NCAC 54 .0603             REINSTATEMENT OF LICENSE

 

History Note:        Authority G.S. 90‑270.9; 90‑270.15;

Eff. February 1, 1976;

Amended Eff. January 1, 1980; July 20, 1976;

Readopted Eff. December 9, 1977;

Repealed Eff. September 1, 1982.

 

SECTION .0700 ‑ PRACTICE BY NON‑LICENSED PERSONS

 

 

21 NCAC 54 .0701             PROHIBITED ACTS

21 NCAC 54 .0702             BOARD ACTION REGARDING PROHIBITED ACTS

21 NCAC 54 .0703             PENALTIES

 

History Note:        Authority G.S. 90‑270.9; 90‑270.16; 90‑270.17;

Eff. February 1, 1976;

Readopted Eff. December 9, 1977;

Amended Eff. January 1, 1980;

Repealed Eff. September 1, 1982.

 

SECTION .0800 ‑ PROFESSIONAL CORPORATIONS

 

 

21 NCAC 54 .0801             CERTIFICATE OF REGISTRATION

21 NCAC 54 .0802             SUSPENSION OR REVOCATION OF CERTIFICATE

21 NCAC 54 .0803             THE PROCEDURE

 

History Note:        Authority G.S. 90‑270.9; 90‑270.15(c); 55B‑10; 55B‑13;

Eff. February 1, 1976;

Readopted Eff. December 9, 1977;

Repealed Eff. September 1, 1982.

 

SECTION .0900 ‑ PRIVILEGED COMMUNICATION

 

 

21 NCAC 54 .0901             BETWEEN PSYCHOLOGIST AND CLIENT

21 NCAC 54 .0902             EXCEPTION

 

History Note:        Authority G.S. 8‑53.3; 90‑270.9; 90‑270.15(4);

Eff. February 1, 1976;

Readopted Eff. December 9, 1977;

Amended Eff. January 1, 1980;

Repealed Eff. September 1, 1982.

 

SECTION .1000 ‑ RULEMAKING PROCEDURES

 

 

21 NCAC 54 .1001             PETITION FOR RULEMAKING HEARINGS

21 NCAC 54 .1002             CONTENTS OF PETITION

21 NCAC 54 .1003             DISPOSITION OF PETITIONS

 

History Note:        Authority G.S. 90‑270.9; 90‑270.16; 150A‑16;

Eff. February 1, 1976;

Amended Eff. July 20, 1976;

Readopted Eff. December 9, 1977;

Repealed Eff. September 1, 1982.

 

SECTION .1100 ‑ NOTICE OF RULEMAKING HEARINGS

 

 

21 NCAC 54 .1101             TIMING OF NOTICE

21 NCAC 54 .1102             NOTICE MAILING LIST

21 NCAC 54 .1103             ADDITIONAL INFORMATION

 

History Note:        Authority G.S. 90‑270.9; 150A‑12(a)(b);

Eff. February 1, 1976;

Amended Eff. July 20, 1976;

Readopted Eff. December 9, 1977;

Repealed Eff. September 1, 1982.

 

SECTION .1200 ‑ RULEMAKING HEARINGS

 

 

21 NCAC 54 .1201             REQUEST TO PARTICIPATE

21 NCAC 54 .1202             CONTENTS OF REQUEST: GENERAL TIME LIMITATIONS

21 NCAC 54 .1203             RECEIPT OF REQUEST: SPECIFIC TIME LIMITS

21 NCAC 54 .1204             WRITTEN SUBMISSIONS

21 NCAC 54 .1205             PRESIDING OFFICER: POWERS AND DUTIES

21 NCAC 54 .1206             STATEMENT OF REASONS FOR DECISION

21 NCAC 54 .1207             RECORD OF PROCEEDINGS

21 NCAC 54 .1208             EMERGENCY RULES

21 NCAC 54 .1209             RULES AVAILABLE FOR PUBLIC INSPECTION

 

History Note:        Authority G.S. 90‑270.9; 150A‑11(2); 150A‑12(a)(d)(e);

Eff. February 1, 1976;

Amended Eff. July 20, 1976;

Readopted Eff. December 9, 1977;

Repealed Eff. September 1, 1982.

 

SECTION .1300 ‑ DECLARATORY RULINGS

 

 

21 NCAC 54 .1301             SUBJECTS OF DECLARATORY RULINGS

21 NCAC 54 .1302             SUBMISSION OF REQUEST FOR RULING

21 NCAC 54 .1303             DISPOSITION OF REQUESTS

21 NCAC 54 .1304             RECORD OF DECISION

21 NCAC 54 .1305             DEFINITION

 

History Note:        Authority G.S. 90‑270.9; 150A‑11(3); 150A‑16(e); 150A‑17;

Eff. February 1, 1976;

Amended Eff. July 20, 1976;

Readopted Eff. December 9, 1977;

Repealed Eff. September 1, 1982.

 

SECTION .1400 ‑ ADMINISTRATIVE HEARING PROCEDURES

 

 

21 NCAC 54 .1401             RIGHT TO HEARING

21 NCAC 54 .1402             REQUEST FOR HEARING

21 NCAC 54 .1403             GRANTING OR DENYING HEARING REQUESTS

21 NCAC 54 .1404             NOTICE OF HEARING

21 NCAC 54 .1405             WHO SHALL HEAR CONTESTED CASES

21 NCAC 54 .1406             PETITION FOR INTERVENTION

21 NCAC 54 .1407             TYPES OF INTERVENTION

21 NCAC 54 .1408             DISQUALIFICATION OF HEARING OFFICERS

 

History Note:        Authority G.S. 1A‑1, Rule 24; 90‑270.9; 150A‑2(2); 150A‑23; 150A‑32;

Eff. February 1, 1976;

Amended Eff. July 20, 1976;

Readopted Eff. December 9, 1977;

Repealed Eff. September 1, 1982.

 

SECTION .1500 ‑ ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS AND PROCEDURES

 

21 NCAC 54 .1501             FAILURE TO APPEAR

21 NCAC 54 .1502             SIMPLIFICATION OF ISSUES

21 NCAC 54 .1503             SUBPOENAS

21 NCAC 54 .1504             FINAL DECISIONS IN ADMINISTRATIVE HEARINGS

21 NCAC 54 .1505             OFFICIAL RECORD

 

History Note:        Authority G.S. 90‑270.9; 150A‑25(a); 150A‑27; 150A‑36; 150A‑37;

Eff. February 1, 1976;

Readopted Eff. December 9, 1977;

Repealed Eff. September 1, 1982.

 

SECTION .1600 ‑ GENERAL PROVISIONS

 

 

21 NCAC 54 .1601             EXECUTIVE

 

History Note:        Authority G.S. 90‑270.1; 90‑270.6; 90‑270.9;

Eff. September 1, 1982;

Repealed Eff. March 1, 1989.

 

21 NCAC 54 .1602             BOARD ADDRESS and forms

(a)  The mailing address for the North Carolina Psychology Board is 895 State Farm Road, Suite 101, Boone, North Carolina 28607.

(b)  The Board's website address is www.ncpsychologyboard.org.

(c)  All forms required by the Rules may be found on the Board's website.

 

History Note:        Authority G.S. 90‑270.143;

Eff. September 1, 1982;

Amended Eff. October 1, 1995; March 1, 1989; August 1, 1984;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017;

Amended Eff. April 1, 2020.

 

21 NCAC 54 .1603             RULEMAKING PROCEDURES

 

History Note:        Authority G.S. 90‑270.9; 150B‑14;

Eff. September 1, 1982;

Amended Eff. August 1, 1984;

Repealed Eff. March 1, 1989.

 

21 NCAC 54 .1604             PRACTICE BY NON‑LICENSED PERSONS

 

History Note:        Authority G.S. 90‑270.9; 90‑270.16; 90‑270.17; 90‑270.19;

Eff. September 1, 1982;

Repealed Eff. May 1, 1996.

 

21 NCAC 54 .1605             FEES

The following charges shall be assessed:

(1)           Duplication listing of all licensees and contact information - $8.00;

(2)           Renewal of license - $250.00;

(3)           National written examination - $50.00 plus the cost of the examination set by the vendor;

(4)           State examination - $200.00;

(5)           Ethics renewal examination - $50.00;

(6)           costs for copies of public records as follows:

(a)           "actual costs" as defined in G.S. 132-6.2(b) and provided on the Board's website;

(b)           mailing costs if applicable; and

(c)           10 pages or less - no charge;

(7)           Application fee - $100.00;

(8)           Reinstatement fee - $100.00;

(9)           Returned check - $20.00;

(10)         Duplication of individual licensee licensure status information - $10.00;

(11)         Disciplinary costs:

(a)           consent order - $300.00; and

(b)           hearing - $300.00 per hour for a hearing that results in disciplinary action, with a minimum charge of three hundred dollars ($300.00) for the first hour or portion thereof, and then prorated thereafter for each half-hour;

(12)         Certificate of registration for professional corporation or professional limited liability company - $50.00; and

(13)         Renewal fee for certificate of registration for professional corporation or professional limited liability company - $25.00.

 

History Note:        Authority G.S. 12-3.1(c); 55B-10; 55B-11; 57D-02-01; 90-270.143; 90-270.148(c); 90-270.151(b); 90-270.151(c); 132-6.2(b);

Legislative Objection Lodged Eff. August 26, 1982;

Eff. September 1, 1982;

Curative Amended Eff. September 28, 1982;

Temporary Amendment Eff. October 1, 1989 For a Period of 180 Days to Expire on April 1, 1990;

Temporary Amendment Eff. October 1, 1990 For a Period of 180 Days to Expire on April 1, 1991;

Amended Eff. January 1, 1991;

Temporary Amendment Eff. September 1, 1993, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Amended Eff. December 1, 2011; July 1, 1996; April 1, 1994; December 1, 1993;

Readopted Eff. June 8, 2020.

 

 

21 NCAC 54 .1606             WAIVER OF COMPLIANCE WITH RULES

(a)  Upon written request, the Board may waive compliance with any of its rules when a medical emergency, severe weather, unexpected closure of testing facility or other unforeseen circumstance renders compliance with the rule impossible, except where to do so would be contrary to statute or applicable regulations of other agencies.

(b)  The factors to be used in deciding whether to waive a rule are:

(1)           the necessity for a waiver;

(2)           whether or not compliance with the rule is impossible under the circumstances set forth in the request;

(3)           the amount of notice given to the Board and its staff;

(4)           the responsibility of the person making the request for the conditions creating the need for a waiver;

(5)           previous requests for a waiver made by the same person;

(6)           the precedential value of such a waiver;

(7)           the harm to the person making the waiver request if a waiver is not granted; and

(8)           the harm to the Board if a waiver is granted.

 

History Note:        Authority G.S. 90‑270.143;

Eff. August 1, 1984;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017;

Amended Eff. April 1, 2020.

 

21 NCAC 54 .1607             DELEGATION OF AUTHORITY

 

History Note:        Authority G.S. 90‑270.8; 90‑270.9;

Eff. August 1, 1984;

Repealed Eff. April 1, 2020.

 

21 NCAC 54 .1608             ETHICAL VIOLATIONS

The Board shall use those policies, publications, guidelines, and casebooks developed by the American Psychological Association in determining whether violations of the Ethical Principles of Psychologists have occurred. In addition, publications, guidelines, policies, and statements provided by the Association of State and Provincial Psychology Boards, the National Association of School Psychologists, and other relevant professional associations and bodies may be used in interpreting the Ethical Principles of Psychologists.

 

History Note:        Authority G.S. 90‑270.143; 90‑270.148(a)(10);

Eff. January 1, 1986;

Amended Eff. May 1, 1996; September 1, 1988;

Readopted Eff. April 1, 2020.

 

21 NCAC 54 .1609             TERMINATION OF PRACTICE

A licensee whose license is suspended or revoked, an applicant who is notified that he or she has failed an examination for the second time, an applicant who is notified that licensure is denied, or an applicant whose application is withdrawn, or who fails to complete the application process within the applicable stipulated time period set forth in Rules .1701(c), .1707(g) and .2130(c) of this Chapter, must terminate the practice of psychology within a two week period following receipt of written termination notification from the Board and shall confirm such termination in writing to the Board.

 

History Note:        Authority G.S. 90‑270.138(h); 90‑270.143;

Temporary Adoption Eff. December 1, 1993, for a Period of 180 Days or until the permanent rule becomes effective whichever is sooner;

Eff. April 1, 1994;

Readopted Eff. April 1, 2020.

 

21 NCAC 54 .1610             PRACTICE BY PSYCHOLOGISTS WHO ARE NOT RESIDENTS OF NORTH CAROLINA

(a)  To practice psychology in North Carolina for up to five days in a calendar year, a psychologist who is not a resident of North Carolina shall submit the following information to the Board five business days prior to the psychologist engaging in the practice of psychology in North Carolina:

(1)           a written statement from a jurisdiction verifying that the psychologist's license is in good standing, that there is no pending disciplinary action against the license, and describing any supervision requirements under which the individual practices in that jurisdiction;

(2)           a signed or digitally signed supervision statement from non-resident psychologist showing compliance with Paragraph (b) of this Rule; and

(3)           a written report from the psychologist who is not a resident of North Carolina describing his or her intended practice in North Carolina and, if applicable, the name of the North Carolina psychologist(s) with whom he or she will be associating.

(b)  Supervision shall be provided at the same level as that which is required for the psychologist who is not a resident of North Carolina in the jurisdiction verifying licensure in Subparagraph (a)(1) of this Rule by a North Carolina permanently licensed psychologist or licensed psychological associate who meets the requirements of 21 NCAC 54 .2001.

(c)  The Board shall waive the five day notice period specified in Paragraph (a) of this Rule for licensed psychologists or licensed psychological associates who are not residents of North Carolina and are placed in North Carolina by the American Red Cross due to a disaster.

(d)  This Rule applies only to the practice of psychology when the psychologist or client/patient are physically located in North Carolina.

 

History Note:        Authority G.S. 90-270.138(f); 90-270.143;

Eff. September 1, 1996;

Readopted Eff. April 1, 2020.

 

21 NCAC 54 .1611             PRACTICE BY POSTDOCTORAL TRAINEES

An individual pursuing postdoctoral training or experience in psychology shall be exempt from licensure pursuant to G.S. 90-270.138(d) if the following criteria are met:

(1)           the postdoctoral training or experience in psychology meets all the criteria set forth in 21 NCAC 54 .2009(h); and

(2)           the individual has completed all doctoral degree requirements of a program that was accredited by the American Psychological Association or Canadian Psychological Association at the time the individual graduated from the program. Evidence of completion of all degree requirements shall be in the form of either an official transcript showing the date on which the degree was conferred or a letter from the registrar, director of graduate school, or director of graduate studies verifying that all substantive and administrative requirements for the doctoral degree have been met without exception and stating the date on which the doctoral degree will be awarded.

 

History Note:        Authority G.S. 90-270.4(d); 90-270.9;

Eff. September 1, 2005;

Readopted Eff. April 1, 2020;

Amended Eff. June 1, 2022; August 1, 2021.

 

21 NCAC 54 .1612             CRIMINAL HISTORY RECORD CHECK

Within 30 days of receipt of written communication from the Board or Board designee that a criminal history record check is required, a licensee who is under investigation by the Board shall submit to the Board the following:

(1)           signed fingerprint search consent form, which shall include the following information:

(a)           legal name;

(b)           Social Security number;

(c)           date of birth;

(d)           sex; and

(e)           race.

(2)           completed Fingerprint Record Card, (a blank card to be completed can be requested from the Board or a local sheriff's department);

(3)           payment of fee required by the North Carolina Department of Public Safety to conduct a criminal history record check; and

(4)           other such form(s) or information as required by the North Carolina Department of Public Safety to perform a criminal history record check.

 

History Note         Authority G.S. 90-270.9; 90-270.22(a);

Eff. March 1, 2008;

Readopted Eff. April 1, 2020.

 

SECTION .1700 ‑ APPLICATION FOR LICENSURE

 

21 NCAC 54 .1701             INFORMATION REQUIRED

(a)  Except as provided in Paragraph (b) of this Rule and Rule .1707 of this Section, the information required for each applicant for licensure shall consist of:

(1)           a typed or printed, signed or digitally signed application form. The form shall include the following information:

(A)          legal name;

(B)          home mailing address and telephone number;

(C)          business name, mailing address and telephone number;

(D)          preferred mailing address;

(E)           Social Security number;

(F)           e-mail address;

(G)          date and place of birth;

(H)          licensure or applicant for licensure by another psychology board;

(I)            if taken, the score on the Examination for Professional Practice in Psychology;

(J)            if previously an applicant for a license to practice psychology in North Carolina;

(K)          if denied a professional license or permit, or privilege of taking an examination;

(L)           had a professional license or permit ever disciplined by any licensing authority in North Carolina or elsewhere;

(M)         whether aware of any pending charges against a professional license or permit which are held;

(N)          if ever withdrawn an application for licensure or an application to take a professional licensing examination in North Carolina or elsewhere;

(O)          if ever been convicted of, or entered a plea of guilty or nolo contendere to any felony or misdemeanor other than a minor traffic violation;

(P)           other fields of work for which the applicant is licensed or certified, or has applied for licensure or certification;

(Q)          whether the applicant holds a diploma from the American Board of Professional Psychology;

(R)          whether doctoral program was APA accredited at the time of your graduation;

(S)           names of graduate programs attended and dates degrees awarded;

(T)           names and mailing addresses of three professional references, other than supervisors;

(U)          all work experience, including, any graduate internship, practicum, or other supervised training experience that serves as the basis for the current application for licensure;

(V)          any disability that may require an accommodation in taking licensing examinations;

(W)         if applying for Health Services Provider Certification;

(X)          if applying for senior psychologist as specified in Rule .1707 of this Section; and

(Y)          certify that the applicant has read and understands the public notice statement on employee misclassification maintained on the Board's website and whether the applicant has been investigated for employee misclassification within the past 12 months.

(2)           the application fee under Rule .1605(7) of this Chapter;

(3)           a typed or printed, signed or digitally signed supervision contract form. The form shall include the following information:

(A)          supervisee's name, North Carolina psychology license number and level, mailing address, e-mail address and telephone number;

(B)          supervisee's current work setting;

(C)          if supervision contract form is for an applicant or replaces previous supervision contract form(s);

(D)          supervisor's name and psychology license number, business telephone number, business name and address;

(E)           if the supervisor has;

(i)            been denied a professional license or permit;

(ii)           had any disciplinary, remedial, rehabilitative, or other action taken against a professional license, certificate, or permit by any licensing or certification authority in North Carolina or elsewhere; or

(iii)          if aware of any pending charges against a professional license, certificate, or permit;

(F)           if the supervisee has:

(i)            been denied a professional license or permit;

(ii)           had any disciplinary, remedial, rehabilitative, or other action taken against a professional license, certificate, or permit by any licensing or certification authority in North Carolina or elsewhere; or

(iii)          if aware of any pending charges against a professional license, certificate, or permit;

(G)          number of hours per week engaged in the practice of psychology;

(H)          number of hours allotted for individual supervision per week;

(I)            number of individual supervision sessions per week; and

(J)            if supervision is not required under Rule .2008 of this Section.

(4)           a signed fingerprint search consent form, which may be downloaded from the Board's website; a completed Fingerprint Record Card, which can be obtained from the Board office or a local Sheriff's office; and other such form(s) or information as required by the North Carolina Department of Justice to perform a criminal history record check;

(5)           payment of fee required by the North Carolina Department of Justice to conduct a criminal history record check;

(6)           an official transcript(s) sent to the Board by any institution of higher education from which the applicant received a graduate degree or otherwise completed graduate course work in psychology;

(7)           the completed supervisor forms completed by present and past supervisor. The form shall include the following information:

(A)          names of applicant and supervisor;

(B)          institution or setting where applicant was supervised;

(C)          supervisor's position at the time supervision occurred;

(D)          applicant's position or title;

(E)           dates of applicant's employment or training;

(F)           dates of supervision of applicant;

(G)          number of hours per week applicant practiced psychology under supervisor's direction;

(H)          number of weeks during which applicant practiced psychology under supervisor's direction;

(I)            number of practice of psychology hours accumulated;

(J)            number of health services hours accumulated;

(K)          number of hours per week of individual face-to-face supervision;

(L)           duties performed by applicant;

(M)         if supervisor is licensed as a psychologist in North Carolina or in any other state or jurisdiction in the U.S. or Canada; and

(N)          if the applicant is competent to practice psychology.

(8)           three completed reference forms from professionals who are familiar with the applicant's current work, one of which is from a doctoral level psychologist. The reference form shall include:

(A)          names of reference and applicant;

(B)          time period reference has known applicant;

(C)          nature of professional relationship;

(D)          judgment regarding the applicant's training, experience, professional skills, adherence to

(E)           legal and ethical standards; and

(F)           areas of concern, further comments, and recommendations to the Board.

(9)           a written verification and report on the status of any occupational licensure, including dates of licensure and any disciplinary action that is pending or has been taken, sent directly to the Board from any other regulatory agency in North Carolina and any other jurisdiction in which the applicant has applied for a license, is currently licensed, or previously was licensed, if applicable;

(10)         an official report of any previous score obtained on the Examination for Professional Practice in Psychology sent directly to the Board from the Association of State and Provincial Psychology Boards, if applicable; and

(11)         any additional documentation regarding educational credentials described in Rules .1802 and .1803 of this Chapter, if requested by the Board.

(b)  The information required for each applicant applying for licensure on the basis of holding a current credential for psychology licensure mobility shall consist of:

(1)           typed or printed, signed or digitally signed application form. The form shall include the following information:

(A)          legal name;

(B)          home mailing address and telephone number;

(C)          business name, mailing address and telephone number;

(D)          Social Security number;

(E)           e-mail address;

(F)           date and place of birth;

(G)          licensure or applicant for licensure by another psychology board;

(H)          if:

(i)            been denied a professional license or permit, or privilege of taking an examination;

(ii)           had a professional license or permit disciplined in any way; or

(iii)          if aware of any pending charges against a professional license or permit;

(I)            if ever have withdrawn an application for licensure or an application to take a professional licensing examination;

(J)            if ever have been convicted of, or entered a plea of guilty or nolo contendere to any felony or misdemeanor other than a minor traffic violation;

(K)          other fields of work for which the applicant is licensed or certified, or has applied for licensure or certification;

(L)           if holds a CPQ issued by the Association of State and Provincial Psychology Boards;

(M)         if registrant in the National Register of Health Service Providers in Psychology;

(N)          if holds a diploma from the American Board of Professional Psychology;

(O)          names of graduate programs attended and dates degrees awarded;

(P)           names and mailing addresses of three professional references, other than supervisors;

(Q)          all work experience including, any graduate internship, practicum, or other supervised training experience that serves as the basis for current application for licensure;

(R)          any disability that may require some special accommodation in taking licensing examinations;

(S)           if applying for Health Services Provider Certification; and

(T)           certify that the applicant has read and understands the public notice statement on employee misclassification maintained on the Board's website and whether the applicant has been investigated for employee misclassification within the past 12 months.

(2)           affidavit that attests to having no unresolved complaint in any jurisdiction at the time of application in North Carolina;

(3)           application fee under Rule .1605(7) of this Chapter;

(4)           typed or printed, signed or digitally signed supervision contract form as described in Subparagraph (a)(3) of this Rule;

(5)           signed consent form, which can be downloaded from the Board's website, completed Fingerprint Record Card, which can be obtained from the Board office or a local Sheriff's office, and other such form(s) or information as required by the North Carolina Department of Justice to perform a criminal history record check;

(6)           payment of fee required by the North Carolina Department of Justice to conduct a criminal history record check;

(7)           official transcript sent to the Board by the institution of higher education from which the applicant received his or her doctoral degree in psychology; or if applicable, a copy of the transcript sent directly to the Board by either the Association of State and Provincial Psychology Boards, National Register of Health Service Providers in Psychology, or American Board of Professional Psychology;

(8)           three completed reference forms, as described in Subparagraph (a)(8) of this Rule, from professionals who are familiar with the applicant's current work, one of which is from a doctoral level psychologist;

(9)           written verification and report on the status of any occupational licensure, including dates of licensure and any disciplinary action which is pending or has been taken, sent directly to the Board from any other regulatory agency in North Carolina and any other jurisdiction in which the applicant has applied for a license, is currently licensed, or previously was licensed;

(10)         written verification sent directly to the Board from the applicable organization(s) that the applicant holds a current credential in good standing for psychology licensure mobility from one of the following:

(A)          Certificate of Professional Qualification (CPQ) from the Association of State and Provincial Psychology Boards;

(B)          registrant in the National Register of Health Service Providers in Psychology; or

(C)          diplomate of the American Board of Professional Psychology; and

(11)         documentation of meeting requirements for health services provider certification as specified in Section .2700 of this Chapter, if applicable.

(c)  An application shall contain all materials required under Paragraph (a) or (b) of this Rule to be complete. The application forms may be found on the Board website. An incomplete application shall be active for three months from the date on which the application is received in the Board office. At the end of such time, if still incomplete, the application shall be void, and the applicant shall be deemed to have discontinued the application process. If the individual chooses to pursue licensure at a later date, the individual shall reapply.

(d)  To be considered to have made application pursuant to G.S. 90-270.139(a), the information specified in Subparagraphs (a)(1) through (a)(5) of this Rule, or Subparagraphs (b)(1) through (b)(6) of this Rule if applying on the basis of a mobility credential, shall be filed in the Board office within 30 days of offering to practice or undertaking the practice of psychology in North Carolina.

 

History Note:        Authority G.S. 90-270.138(h); 90-270.139(a); 90-270.143; 90-270.145(a); 90-270.145(b); 90-270.146(a); 90-270.146(a1)(6); 90-270.146(b); 90-270.148; 90-270.155(a);

Eff. September 1, 1982;

Amended Eff. March 1, 2008; September 1, 2005; January 1, 1996; November 1, 1991; March 1, 1989; June 1, 1988;

Readopted Eff. April 1, 2020;

Amended Eff. August 1, 2021.

 

21 NCAC 54 .1702             FOREIGN DEGREE APPLICATION

(a)  Applicants applying for licensure on the basis of a foreign degree shall provide documentation, in addition to the information required in 21 NCAC 54 .1701 that establishes the following:

(1)           the existence of the degree-granting institution;

(2)           the validity of the degree, transcripts, and any supporting documents;

(3)           the equivalence of the degree in terms of level of training, content of curriculum, and course credits; and

(4)           the equivalence of any supervised experience obtained outside the United States.

Such documentation shall be in the form of a course-by-course evaluation of credentials submitted directly to the Board from an evaluation service that is a member of the National Association of Credentials Evaluation Services, Inc. A listing of members can be found on the National Association of Credentials Evaluation Services, Inc. website, www.naces.org.

(b)  Except as described in Paragraph (c) of this Rule, only original documents shall be submitted to the Board in support of the application and the documents shall be received directly from the institution(s) or individual(s) involved.

(c)  When an original document cannot be provided directly by the institution or individual involved, an original document possessed by the applicant shall be reviewed and copied by a Board member or designee.

(d)  Any document that is in a language other than English shall be accompanied by a translation with a written verification from the translator that the translation into English is accurate and complete. This translation shall be completed by an individual, other than the applicant, who upon written request of the applicant is approved by the Board or a Board designee, and who does not have a relationship with the applicant. Such individuals that shall be approved by the Board as translators include college or university language faculty, a translation service, or an American consul.

 

History Note:        Authority G.S. 90‑270.143; 90-270.145(c);

Legislative Objection Lodged Eff. August 26, 1982;

Eff. September 1, 1982;

Curative Amended Eff. September 28, 1982;

Amended Eff. July 1, 2008; October 1, 1995; March 1, 1989; June 1, 1988;

Readopted Eff. April 1, 2020.

 

21 NCAC 54 .1703             TEMPORARY LICENSES

(a)  To be issued a temporary license to practice psychology in North Carolina, a psychologist who is not a resident of North Carolina shall submit the following information to the Board at least 10 business days prior to the psychologist engaging in the practice of psychology in North Carolina:

(1)           a typed, or printed, signed or digitally signed temporary license application form, including an affidavit that the standards under which the psychologist who is not a resident of North Carolina is licensed in another jurisdiction are substantially equivalent to or higher than the requirements of G.S. 90-270.135 et seq.;

(2)           whether the applicant has been disciplined by any licensing authority in North Carolina or elsewhere, or is aware of any pending charges against a professional license or permit which is held;

(3)           reason for applying for temporary licensure in North Carolina;

(4)           if the applicant wants to be considered for temporary health services provider certification;

(5)           a written statement from any jurisdiction where the psychologist is licensed that the psychologist's license is in good standing, that there is no pending disciplinary action against the license, and describing any supervision requirements under which the individual practices in that jurisdiction;

(6)           a signed or digitally signed statement showing compliance with supervision requirements specified in Subparagraph (a)(2) of this Rule; and

(7)           the temporary license fee set forth in G.S. 90-270.151(b)(8).

(b)  Only one 30-day temporary license shall be issued to an individual in any calendar year. Supervision shall be provided at the same level as that which is required for the psychologist who is not a resident of North Carolina in the jurisdiction verifying licensure in Subparagraph (a)(3) of this Rule by a North Carolina permanently licensed psychologist or licensed psychological associate who meets the requirements of Rule .2001 of this Chapter.

(c)  A psychologist requesting reinstatement of licensure may apply for a temporary license to practice psychology in North Carolina by submitting the information listed in 21 NCAC 54 .2103. A temporary license issued under this Paragraph shall be valid until the applicant takes the first examination to which he or she is admitted by the Board, pursuant to Rule .2103(e) of this Chapter, and is notified of the results, and until the reinstatement fee set forth in Rule .1605(8) of this Chapter is paid. This license shall not be issued, reissued, or extended if the applicant fails the examination, fails to appear for the examination, or fails to remit the required fees within the time period stipulated in Rule .2103(a)(4) or (b)(9) of this Chapter. A temporary licensee shall comply with supervision requirements specified in Section .2000 of this Chapter for the same level of licensure for which application for reinstatement is approved.

(d)  For the 5 day temporary practice notification requirement to practice psychology in North Carolina in accordance with G.S. 90-270.138(f), a psychologist who is not a resident of North Carolina shall submit to the Board the temporary practice notification form at least 10 business days prior to the psychologist engaging in the practice of psychology in North Carolina The temporary practice notification form shall include:

(1)           name of application;

(2)           degree awarded;

(3)           mailing address;

(4)           telephone number;

(5)           Social Security number;

(6)           name of jurisdiction in which licensed, including date of licensure, and license number;

(7)           dates of intended practice in North Carolina;

(8)           name of North Carolina psychologist(s) with whom applicant will be associating, if applicable;

(9)           description of intended practice in North Carolina; and

(10)         whether required to be supervised for practice in the jurisdiction in which applicant is licensed.

 

History Note:        Authority G.S. 90-270.139(f); 90-270.139(g); 90-270.143;

Eff. September 1, 1982;

Amended Eff. September 1, 1996; October 1, 1991; March 1, 1989; June 1, 1988;

Readopted Eff. April 1, 2020;

Amended Eff. August 1, 2021.

 

21 NCAC 54 .1704             REVIEW PROCEDURE

 

History Note:        Authority G.S. 90‑270.9; 90‑270.15;

Eff. September 1, 1982;

Amended Eff. May 1, 1996; October 1, 1991; March 1, 1989;

Expired Eff. November 1, 2017 pursuant to G.S. 150B-21.3A.

 

21 NCAC 54 .1705             ISSUANCE OF LICENSE

At any time when a licensee is practicing psychology, a licensee shall display the Board-issued licensure certificate in view of the licensee's patients or clients or have the Board-issued wallet licensure card available for view upon request by the licensee's patients or clients.

 

History Note:        Authority G.S. 90‑270.143;

Eff. September 1, 1982;

Amended Eff. July 1, 1996;

Readopted Eff. April 1, 2020.

 

21 NCAC 54 .1706             REAPPLICATION

To reapply for licensure, an applicant must submit all information listed in Rule .1701 of this Section and, if applicable, Rule .1702 of this Section. A reapplication shall be reviewed under the statutes and rules in effect on the date of reapplication.

 

History Note:        Authority G.S. 90‑270.143; 150B‑11(1);

Eff. October 1, 1991;

Readopted Eff. April 1, 2020.

 

21 NCAC 54 .1707             SENIOR PSYCHOLOGIST

(a)  Except as provided in Paragraph (b) of this Rule, to be approved for licensure at the Licensed Psychologist level on the basis of senior psychologist status, an applicant shall hold a doctoral degree in psychology from an institution of higher education and shall meet all of the following requirements:

(1)           is licensed and has been licensed for 12 continuous years at the doctoral level by one or more other state or provincial psychology boards that are members of the Association of State and Provincial Psychology Boards, during which time, and in which jurisdiction(s), he or she has practiced psychology for a minimum of 10 years for at least 20 hours per week;

(2)           has had no disciplinary sanction during his or her period of licensure in any jurisdiction;

(3)           has no unresolved disciplinary complaint with a licensing board in any jurisdiction at the time of application or during the pendency of application in North Carolina; and

(4)           passes the State examination.

(b)  An applicant who received the doctoral degree prior to January 1, 1978, upon which his or her psychology licensure in another jurisdiction is based, shall hold a doctoral degree from an institution of higher education and meet all of the requirements specified in Subparagraphs (a)(1) through (a)(4) of this Rule.

(c)  Except as provided in Paragraph (d) of this Rule, to be approved for licensure at the Licensed Psychological Associate level on the basis of senior psychologist status, an applicant shall hold a master's, specialist, or doctoral degree in psychology from an institution of higher education and shall meet all of the following requirements:

(1)           is licensed and has been licensed for 12 continuous years at the master's level by one or more other state or provincial psychology boards that are members of the Association of State and Provincial Psychology Boards, during which time, and in which jurisdiction(s), he or she has practiced psychology for a minimum of 10 years for at least 20 hours per week;

(2)           has had no disciplinary sanction during his or her entire period of licensure in any jurisdiction;

(3)           has no unresolved disciplinary complaint with a licensing board in any jurisdiction at the time of application or during the pendency of application in North Carolina; and

(4)           passes the State examination.

(d)  An applicant who received the degree prior to January 1, 1978, upon which his or her psychology licensure in another jurisdiction is based, shall hold a master's, specialist, or doctoral degree from an institution of higher education and meet all of the requirements specified in Subparagraphs (c)(1) through (c)(4) of this Rule.

(e)  The information required for each applicant shall consist of:

(1)           a typed or printed signed or digitally signed application form, as described in Rule .1701(a)(1) of this Chapter, and an affidavit that attests to meeting the requirements specified in Subparagraphs (a)(1) through (a)(3) or Subparagraphs (c)(1) through (c)(3) of this Rule, as applicable;

(2)           a typed or , signed or digitally signed supervision contract form as described in Rule .1701(a)(3) of this Section;

(3)           the application fee set forth in Rule .1605(6) of this Chapter;

(4)           a signed consent form, completed Fingerprint Record Card, and other such form(s) or information as required by the North Carolina Department of Justice to perform a criminal history record check;

(5)           payment of fee required by the North Carolina Department of Justice to conduct a criminal history record check;

(6)           an official college transcript(s) sent to the Board by any training institution(s) from which the applicant received a graduate degree;

(7)           three completed reference forms, as described in Rule .1701(a)(8) of this Section, from professionals who are familiar with the applicant's current work, one of which is from a doctoral level psychologist; and

(8)           a written verification and report on the status of any occupational licensure, including dates of licensure and any disciplinary action that is pending or has been taken, sent directly to the Board from any other regulatory agency in North Carolina and any other jurisdiction where the applicant has applied for a license, is currently licensed, or previously was licensed.

(f)  To be complete, an application shall contain all materials required under Subparagraph (e) of this Rule. An incomplete application shall be active for three months from the date on which the application is received in the Board office. At the end of such time, if still incomplete, the application shall be void, and the applicant shall be deemed to have discontinued the application process. If the individual chooses to pursue licensure at a later date, the individual shall reapply.

(g)  To be considered to have made application pursuant to G.S. 90-270.139(a), the information specified in Subparagraphs (e)(1) through (e)(5) of this Rule shall be filed in the Board office within 30 days of offering to practice or undertaking the practice of psychology in North Carolina.

 

History Note:        Authority G.S. 90-270.139(a); 90-270.143; 90-270.146(a); 90-270.146(e); 90-270.155(a);

Eff. January 1, 1996;

Amended Eff. March 1, 2008; August 1, 2006;

Readopted Eff. April 1, 2020;

Amended Eff. August 1, 2021.

 

SECTION .1800 ‑ EDUCATION

 

 

21 NCAC 54 .1801             PRACTICING PSYCHOLOGIST REQUIREMENTS AS OF JUNE 30, 1987

 

History Note:        Authority G.S. 90‑270.9; 90‑270.11(a)(1)c;

Eff. September 1, 1982;

Amended Eff. March 1, 1989; June 1, 1988;

Repealed Eff. May 1, 1996.

 

21 NCAC 54 .1802             PSYCHOLOGICAL ASSOCIATE

(a)  Licensure for the level of psychological associate shall require a master's degree or specialist degree in psychology from an institution of higher education. The degree program shall meet all of the following requirements:

(1)           The program shall be identified and labeled as a psychology program. The program shall specify in institutional catalogues its purpose to educate and train students to engage in the activities that constitute the practice of psychology as defined in G.S. 90-270.136(8).

(2)           The program shall maintain authority and primary responsibility for the core and specialty areas.

(3)           The program shall have a body of students in residence at the physical campus of the institution who are matriculated in that program for a degree.

(4)           There shall be a full-time psychology faculty employed in residence at the physical campus of the institution, sufficient in size and breadth to carry out its responsibilities, employed by and providing instruction at the physical campus of the institution.

(5)           There shall be a psychologist responsible for the student's program, either as the administrative head of the program, or as the advisor, professor, or committee chair for the individual student's program.

(6)           The program shall be an integrated, organized sequence of study in psychology as demonstrated by a curriculum track or tracks wherein course sequences and course content are described in institutional catalogues, departmental handbooks, or other institutional publications.

(7)           The program shall encompass the equivalent of a minimum of one academic year of graduate study in student residence at the institution from which the degree is granted. Residence requires in person interaction with psychology faculty and other matriculated psychology students at the physical campus of the institution. One year's residency is defined as 30 semester (45 quarter or 40 trimester) hours taken in person at the physical campus of the institution over the course of one year.

(8)           The program shall include supervised training experience listed on the applicant's transcript and shall include an internship, externship, practicum, or other supervised field experience related to the area of specialty and the practice of psychology and shall meet all of the following criteria:

(A)          It shall be a planned and directed program of training for the practice of psychology, in contrast to on-the-job training, and shall provide the trainee with a planned and directed sequence of training that is integrated with the educational program in which the student is enrolled. This supervised training experience shall be planned by the educational program faculty and supervised training experience site staff, rather than by the student.

(B)          The supervised training experience shall have a written description of the program of training, or a written agreement, developed prior to the time of the training, between the student's educational program and the supervised training experience site, detailing the responsibilities of the student and the supervised training experience site. The agreement shall be approved by the student's educational program prior to the beginning of the supervised training experience.

(C)          The supervised training experience site shall have a designated licensed or certified psychologist or psychological associate responsible for the supervised training experience.

(D)          A student enrolled in a supervised training experience shall be designated as any of the following: an "intern," "extern," or "practicum student," or shall hold a title that provides training status for the practice of psychology.

(E)           The supervised training experience shall be a minimum of 12 weeks consisting of at least 500 hours of supervised training. At least 400 hours of the training shall be in the practice of psychology. Supervision for this supervised training experience shall be provided as required by Parts (G) or (H) of this Subparagraph.

(F)           The supervised training experience shall be completed within a period of 12 consecutive months at not more than two supervised training experience sites.

(G)          Except as provided in Part (H) of this Subparagraph, individual in person supervision that oversees the student's practice of psychology shall be provided by a North Carolina licensed psychologist or psychological associate or by a psychologist who is exempt from licensure, pursuant to G.S. 90-270.138(b), at a rate of not less than one hour per week during at least 12 separate weeks of the supervised training experience. The supervisor shall establish and maintain a level of supervisory contact consistent with professional standards and shall be accessible to the student.

(H)          If completing a supervised training experience outside of North Carolina, the student shall be provided scheduled individual in person supervision by a licensed or certified psychologist or psychological associate or by an individual holding a master's, specialist, or doctoral degree in psychology, at a rate of not less than one hour per week during at least 12 separate weeks of the supervised training experience. The supervisor shall supervise the student practice of psychology and maintain a level of supervisory contact consistent with professional standards and shall be accessible to the student. Proof of the supervisor's license or degree program shall be required by the Board to establish the supervisor's training in psychology.

(9)           Except as provided in Paragraph (b) of this Rule, the program of study shall include a minimum of 45 semester (68 quarter or 60 trimester) hours of graduate study in standard psychology courses, including courses drawn from academic psychology (e.g., social, experimental, physiological, and developmental psychology, and history of psychology), statistics and research design, scientific and professional ethics and standards, and a specialty area. Of the required 45 semester (68 quarter or 60 trimester) program hours, not more than 6 semester (9 quarter or 8 trimester) hours shall be credited for supervised training experience and not more than 6 semester (9 quarter or 8 trimester) hours shall be credited for thesis or dissertation. No credit shall be allowed for audited courses or courses taken at an institution which does not meet the definition of an "institution of higher education" as defined by 90-270.136(5).

(b)  If an individual's degree program did not include a minimum of 45 semester (68 quarter or 60 trimester) hours of course content, as defined in Subparagraph (a)(9) of this Rule, but included a minimum of 39 semester (59 quarter or 52 trimester) hours of graduate study in standard psychology courses, as specified in Subparagraph (a)(9) of this Rule, allowing not more than 6 semester (9 quarter or 8 trimester) hours for supervised training experience and 6 semester (9 quarter or 8 trimester) hours for thesis or dissertation, the individual shall be allowed to take, and must pass with a grade of "B" or above, additional graduate level course work to meet the hourly requirement in Subparagraph (a)(9) of this Rule. The individual shall complete standard psychology courses, as defined by Subparagraph (a)(9) of this Rule, to meet the minimum educational requirements to apply for licensure. The course work shall be completed at an institution of higher education in a graduate psychology program in the same specialty area as the degree program completed by the individual and shall be reported on an official transcript. No credit shall be accepted by the Board for audited courses. This additional graduate level course work shall not duplicate course work taken by the individual in his or her degree program or prior to admittance to his or her degree program and shall be completed in one or more of the following areas:

(1)           academic psychology (e.g., social, experimental, physiological, and/or developmental psychology, and history of psychology);

(2)           statistics and research design;

(3)           scientific and professional ethics and standards; or

(4)           electives offered in the course of study for the individual's specialty area (e.g., clinical psychology, counseling psychology, school psychology, or other specialty area in psychology).

(c)  If an individual's degree program did not include a minimum of 39 semester (59 quarter or 52 trimester) hours in standard psychology courses, allowing not more than 6 semester (9 quarter or 8 trimester) hours for supervised training experience and not more than 6 semester (9 quarter or 8 trimester) hours for thesis or dissertation, the individual shall not be allowed to obtain additional hours at a post-graduate level to meet the hourly requirements in Subparagraph (a)(9) of this Rule.

(d)  An individual shall not, under any circumstance following the completion of the individual's master's or specialist degree in psychology, be allowed to complete a practicum, internship, or other supervised training experience requiring the individual to practice psychology in order to meet the minimum educational requirement.

(e)  An applicant whose credentials have been approved by the Board for examination at the licensed psychologist level may be issued a license as a psychological associate if the applicant fails an examination at the licensed psychologist level but passes such at the psychological associate level. To receive this license, the applicant shall make a written request to the Board for licensure at the psychological associate level within 30 days from the date when the applicant is notified of his or her examination score.

 

History Note:        Authority G.S. 90-270.143; 90-270.145(b);

Eff. September 1, 1982;

Amended Eff. August 1, 2006; July 1, 1997; October 1, 1991; August 1, 1984;

Readopted Eff. April 1, 2020;

Amended Eff. August 1, 2021.

 

21 NCAC 54 .1803             LICENSED PSYCHOLOGIST

(a)  Licensure for the level of licensed psychologist shall require a doctoral degree in psychology from an institution of higher education. The doctoral program shall be accredited by the American Psychological Association or the Canadian Psychological Association at the time of the individual's graduation from the program, or one which meets all of the following requirements:

(1)           The program shall be identified and labeled a psychology program. The program shall specify in institutional catalogues its purpose to educate and train students to engage in the activities that constitute the practice of psychology as defined in G.S. 90-270.136(8).

(2)           The program shall maintain authority and primary responsibility for the core and specialty areas.

(3)           The program shall have a body of students in residence at the physical campus of the institution who are matriculated in that program for a degree.

(4)           There shall be a full-time psychology faculty in residence at the physical campus of the institution, sufficient in size and breadth to carry out its responsibilities, employed by and providing instruction at the physical campus of the institution.

(5)           There shall be a psychologist responsible for the applicant's program either as the administrative head of the program, or as the advisor, professor, or committee chair for the individual applicant's program.

(6)           The program shall be an integrated, organized sequence of study in psychology as demonstrated by a curriculum track or tracks wherein course sequences and course content are described in institutional catalogues, departmental handbooks, or other institutional publications.

(7)           The program shall encompass the equivalent of a minimum of three academic years of full-time graduate study, two years of which are at the institution from which the degree is granted, and one year of which is in residence at the institution from which the degree is granted. Residence requires in person interaction with psychology faculty and other matriculated psychology students. One year's residence is defined as 30 semester (45 quarter or 40 trimester) hours taken on a full-time or part-time basis in person at the physical campus of the institution over the course of one year.

(8)           The program shall include practicum, internship, field experiences, or laboratory training related to the area of specialty and the practice of psychology. This experience shall be supervised by a licensed psychologist.

(9)           Except as provided in Paragraph (b) of this Rule, the program of study shall include a minimum of 60 semester (90 quarter or 80 trimester) hours of graduate study in standard psychology courses, exclusive of credits for internship or practicum and thesis or dissertation, including instruction in scientific and professional ethics and standards, research design and methodology, statistics and psychometrics, and the specialty area. No credit shall be allowed for audited courses or courses taken at an institution that does not meet the definition of an "institution of higher education" as defined by G.S. 90-270.136(5).

(10)         The program shall include a minimum of three semester (five quarter or four trimester) hours of coursework in each of these content areas:

(A)          biological bases of behavior, such as, physiological psychology, comparative psychology, neuropsychology, sensation and perception, psychopharmacology;

(B)          cognitive-affective bases of behavior, such as, cognition, memory, learning, thinking, motivation, emotion;

(C)          social bases of behavior, such as, social psychology, group processes, organizational and systems theory, cultural and ethnic bases, sex roles; and

(D)          individual differences, such as, personality theory, human development, abnormal psychology, individual differences.

(b)  If an individual's degree program did not include a minimum of 60 semester (90 quarter or 80 trimester) hours in standard psychology courses, as specified in Subparagraphs (a)(9) and (a)(10) of this Rule, but included a minimum of 54 semester (81 quarter or 72 trimester) hours of graduate study in standard psychology courses, as specified in Subparagraphs (a)(9) and (a)(10) of this Rule, exclusive of credits for internship or practicum and thesis or dissertation, the individual shall be allowed to take, and must pass with a grade of "B" or above, additional graduate level course work to meet the hourly requirement specified in Subparagraphs (a)(9) and (a)(10) of this Rule. The individual shall complete , standard psychology courses, as defined by Subparagraphs (a)(9) and (a)(10) of this Rule, to meet the minimum educational requirements to apply for licensure. The course work shall be completed at an institution of higher education in a graduate psychology program in the same specialty area as the degree program completed by the individual and shall be reported on an official transcript. Alternately, the course work may be completed in a formal re-specialization program in psychology at an institution of higher education as defined in G.S. 90-270.136(5), which shall be reported on an official transcript. A formal re-specialization program in psychology means a program in which individuals already holding a doctoral degree in psychology complete additional education and training in order to change their specialist area of study. Re-specialization programs involve coursework in a health service psychology field, including clinical, counseling, school or combinations of these areas. Respecialization programs also include education in profession-wide competencies, such as, ethics, assessment, intervention; experiential education such as practicum; and a one-year internship. The individual shall provide a certificate of completion of a respecialization program, issued by the program. No credit shall be accepted by the Board for audited courses. This additional graduate level course work shall not duplicate course work taken by the individual in his or her degree program or prior to admittance to his or her degree program.

(c)  If an individual's degree program did not include a minimum of 54 semester (81 quarter or 72 trimester) hours of graduate study in standard psychology courses, exclusive of credits for internship or practicum and thesis or dissertation, the individual shall not be allowed to obtain additional hours at a post-graduate level to meet the hourly requirements in Subparagraphs (a)(9) and (a)(10).

 

History Note:        Authority G.S. 90-270.143; 90-270.145(a);

Eff. June 1, 1988;

Amended Eff. July 1, 2009; July 1, 1997; October 1, 1991; March 1, 1989;

Readopted Eff. April 1, 2020;

Amended Eff. August 1, 2021.

 

SECTION .1900 – EXAMINATION

 

21 NCAC 54 .1901             EXAMINATIONS

(a)  Qualifying Examinations. The following examinations shall be taken as set forth in this Rule. The applicant shall comply with this Rule and the deadlines and procedures established by the examination contractor, and the testing vendor.

(1)           National Examination. An applicant for licensure shall take the national examination after being approved for the national examination by the Board. The national examination is the Examination for Professional Practice in Psychology (EPPP) that is developed by the Association of State and Provincial Psychology Boards (ASPPB). The passing point for licensed psychologist shall be a scaled score of 500, and the passing point for licensed psychological associate shall be a scaled score of 440, unless a licensed psychological associate applies to practice under Rule .2008(h)(3) of this Chapter. Then in order to be approved under Rule .2008(h)(3) of this Chapter, he or she must meet the passing point of a scaled score of 500. If a licensed psychological associate does not meet the passing point of a scaled score of 500, he or she must have been practicing for 5 years, as set forth in Rule .2008(h)(3) of this Chapter in order to apply to practice under Rule .2008(h)(3) of this Chapter. This examination shall not be required for an applicant who has previously taken the EPPP and whose score met the North Carolina passing point which was established for that particular administration date of the examination, unless the Board determines pursuant to G.S. 90-270.148 that an individual shall be required to take and pass a current form of the EPPP. The EPPP shall not be required for an applicant who documents meeting requirements for licensure specified in Rule .1707 of this Chapter.

(2)           State Examination. An applicant for licensure shall take the Board-developed State Examination after being approved for the state examination by the Board. The State Examination shall assess the applicant's knowledge of the North Carolina Psychology Practice Act, the rules of this Chapter and the code of ethics of the American Psychological Association. The passing point for all licensees shall be set at 78 percent of the total scored items on the examination.

(3)           Ethics Renewal Examination. An applicant for license renewal shall take the Board-developed ethics renewal examination every two years. Completion of this examination shall count for one Category A continuing education credit in ethics, as required by Rule .2104(d) of this Chapter.

(b)  Special Administrations. Applicants with disabilities as defined by the Americans with Disabilities Act of 1990 (ADA), which is hereby incorporated by reference, including subsequent amendments and editions, available at no cost at www.ada.gov, and documented by a licensed medical professional shall be administered the EPPP and State examination under conditions that shall minimize the effect of the disabilities on their performance. Special test administrations shall be as comparable as possible to a standard administration.

 

History Note:        Authority G.S. 90-270.143; 90-270.145; 90-270.147(a)(2); 90-270.148(b);

Eff. September 1, 1982;

Amended Eff. September 1, 2005; April 1, 2001; October 1, 1996; March 1, 1989; January 1, 1986; July 1, 1985; August 1, 1984;

Readopted Eff. April 1, 2020;

Amended Eff. August 1, 2021.

 

21 NCAC 54 .1902             REPORTING OF SCORES

 

History Note:        Authority G.S. 90‑270.9;

Eff. September 1, 1982;

Amended Eff. October 1, 1991; January 1, 1986;

Expired Eff. November 1, 2017 pursuant to G.S. 150B-21.3A.

 

21 ncac 54 .1903             RETAKING the national examination

An applicant may take the national examination no more than 4 times in a 12-month period and no more frequently than every 60 days upon payment of the required fee set forth in Rule .1605(3) of this Section. The 12-month period begins on the date of the letter notifying the applicant that his or her credentials have been approved for national examination by the Board. After failing the national examination for the fourth time or after the passage of 12 months, whichever occurs first, an applicant must reapply for licensure.

 

History Note:        Authority G.S. 90.270.139(b); 90‑270.143;

Eff. September 1, 1982;

Amended Eff. April 1, 2001; October 1, 1991; March 1, 1989; July 1, 1985;

Readopted Eff. April 1, 2020.

 

21 ncac 54 .1904             FAILURE TO APPEAR for the national examination

(a)  If an applicant does not appear for the national examination within four months from the date of the letter sent by the Board notifying the applicant that his or her credentials have been approved for the national examination by the Board, the applicant she shall be deemed to have failed the examination.

(b)  If the applicant does not appear for the national examination within the time period set forth in Paragraph (a) of this Rule, the applicant shall be permitted to take the examination within the next consecutive four months without reapplying for licensure.

(c)  If the applicant does not appear for an examination within the second four-month period, he or she shall be deemed to have failed the examination a second time and must reapply for licensure. Except as exempt under G.S. 90-270.138, after failing to appear for the examination for the second time, an applicant shall not practice or offer to practice psychology without first becoming licensed by the Board.

 

History Note:                                                        Authority G.S. 90-270.139(b); 90-270.143;

Eff. September 1, 1982;

Amended Eff. April 1, 2001; May 1, 1996; October 1, 1991; March 1, 1989; July 1, 1985;

Readopted Eff. April 1, 2020;

Amended Eff. August 1, 2021.

 

SECTION .2000 ‑ SUPERVISION

 

21 NCAC 54 .2001             SUPERVISOR

(a)  Except as provided in Paragraph (b) of this Rule, the following individuals shall be recognized as qualified supervisors for individuals requiring supervision to practice psychology:

(1)           a licensed psychologist who has been issued a permanent license by the Board;

(2)           any person who was in a psychology position with the State of North Carolina on December 31, 1979, and who is still so employed, provided that such supervision is, and was on December 31, 1979, within the psychologist's job description and is only for activities that are part of the duties and responsibilities of the supervisee within his or her position at a State agency or department;

(3)           a doctoral level licensed psychologist who is licensed in the jurisdiction where the supervisee is practicing psychology; or

(4)           a licensed psychological associate who is under supervision as required under Rule .2008 of this Section and is approved to practice under Rule .2008(h)(3) of this Section and is certified as a health services provider psychological associate (HSP-PA) under Rule .2706 of this Chapter.

(b)  The Board shall disapprove an otherwise qualified supervisor for the following reasons:

(1)           documentation that the supervisor is not competent or qualified to supervise the supervisee;

(2)           documentation the supervisor has failed to adhere to legal or ethical standards as set forth in G.S. 90-270.148(a);

(3)           documentation that there is a lack of similarity between the supervisor's training, experience and area of practice and the supervisee's proposed area(s) of practice;

(4)           documentation that the supervisor has a license against which disciplinary or remedial action has been taken by the Board or any other occupational licensing Board; or

(5)           documentation that the supervisor has not completed the training described, and within the time frame set forth, in Paragraph (c) of this Rule.

(c)  A licensee who engages in the supervision of an applicant for licensure, a licensed psychological associate, or a provisionally licensed psychologist in North Carolina must complete a three-hour training session which meets the following requirements:

(1)           addresses how to supervise in accordance with Board rules regarding supervision requirements;

(2)           is sponsored or co-sponsored by an entity approved by the Board as a Category A program sponsor in Rule .2104(b)(3) of this Chapter; and

(3)           is presented by an individual or individuals assigned by the Board.

If a licensee takes the training session on-line, the licensee shall take and complete an examination at the completion of the session. The sponsor or co-sponsor of a training session shall submit a list of attendees who complete the three-hour training session, including completing any examination, to the Board no later than 30 days following the training session. The training shall be completed, and documentation of completion received in the Board's office, no later than September 1, 2022. If the training is not completed by September 1, 2022, a licensee shall not enter into a supervision contract with an applicant, a licensed psychological associate, or a licensed psychologist-provisional until he or she completes the training and the Board receives documentation of such. A licensee who completes the training and passes the examination shall be permitted to count the three hours toward the minimum continuing education hours required in Rule .2104 of this Chapter for the renewal period it was when completed.

(d)  The licensee shall be required to take the training set forth in Paragraph (c) of this Rule one time unless the Board finds that he or she is failing to adhere to the supervision requirements set forth in this Section.

(e)  Each supervisor shall:

(1)           assess his or her ability to meet the supervisory needs of supervisees and potential supervisees;

(2)           offer and provide supervision only within the supervisor's area(s) of competence;

(3)           enter into a written agreement with the supervisee on a Board adopted supervision contract form, which sets forth the supervisee's obligations as well as the supervisor's responsibilities to the supervisee;

(4)           direct the supervisee to practice psychology only within areas for which the supervisee is qualified by education, training, or supervised experience;

(5)           establish and maintain a level of supervisory contact consistent with that described in the supervision contract form on file with the Board and be accessible to the supervisee;

(6)           direct the supervisee to keep the supervisor informed of services performed by the supervisee;

(7)           advise the Board if the supervisor has reason to believe that the supervisee is practicing in a manner that indicates that violations of G.S. 90-270.148(a) have been committed;

(8)           maintain a record of supervision with a supervisee that documents the following:

(A)          dates and appointment times of each supervision session, including the length of time of each session;

(B)          a summary of each session including treatment or assessment issues addressed, concerns identified by the supervisor and supervisee, recommendations of the supervisor, and intended outcome for recommendations of the supervisor; and

(C)          fees charged, if any, to the supervisee for supervision;

(9)           except when prevented from doing so by circumstances beyond the supervisor's control, retain securely and confidentially the records reflecting supervision with a supervisee for at least seven years from the date of the last session of supervision with a supervisee. If there are pending legal or ethical investigations or proceedings or if there is any other compelling circumstance, the supervisor shall retain the complete record of supervision securely and confidentially for a period of seven years from the final resolution of such legal or ethical matter;

(10)         report on the supervision report form that agreed upon supervision has occurred; and

(11)         file a final supervision report within two weeks of termination of supervision.

(f)  To maintain the professional nature of the supervision, a familial or personal relationship, such as a spouse, parent, sibling or close friend, shall not exist between the supervisor and supervisee, except in extraordinary circumstances, such as the lack of availability of any other qualified supervisor. In such cases, the Board shall require documentation from the supervisor or supervisee that no other supervision is available and three reference letters from other mental health professionals regarding the supervisor's ability to perform the supervision requirements under Paragraph (e) of this Rule.

 

History Note:        Authority G.S. 90-270.139; 90-270.143;

Eff. September 1, 1982;

Amended Eff. July 1, 1997; October 1, 1991; March 1, 1989;

Readopted Eff. January 1, 2021;

Amended Eff. August 1, 2021.

 

21 NCAC 54 .2002             NATURE OF SUPERVISION

(a)  The nature of supervision shall depend on the areas of practice, experience, and training related to the area of specialty of the supervisee. A supervisor shall train the supervisee in skills, methods, and interventions, including enhancement and refinement of previously learned skills.

(b)  During supervision, the supervisor and supervisee shall include consideration of the following areas:

(1)           ethical, legal, and professional standards in accordance with G.S. 90-270.148(a);

(2)           technical skills and competency;

(3)           supervisee's utilization of supervision; and

(4)           supervisee's ability to function with reduced supervision, as set forth in Rule .2008 of this Section.

(c)  Each supervisee shall:

(1)           attend scheduled supervision sessions;

(2)           provide the supervisor with a disclosure of psychological services being offered or rendered by the supervisee;

(3)           cooperate with the supervisor to assure that all conditions in Rule .2001(c) of this Section are met;

(4)           provide the supervisor with information necessary for the supervisor to advise the supervisee on cases of possible violations of G.S. 90-270.148(a);

(5)           notify the Board if he or she has reason to believe that the supervisor has behaved in a manner which indicates that the supervisor has committed a violation of G.S. 90-270.148(a); and

(6)           file a revised supervision contract form within 30 days of a change in the conditions specified in the supervision contract form on file with the Board, as set forth in Rule .2008 of this Section.

(d)  The supervisee and supervisor shall determine jointly how to notify clients or patients of the supervisory process such as clinical information may be discussed with the supervisor or the means by which the supervisor may be contacted, and which cases, issues, and techniques are necessary for supervision. Supervisors shall not be required to sign or co‑sign supervisees' reports, treatment plans, letters, or other clinical documents. Clinical documents are not required to reflect that the supervisee is receiving supervision.

 

History Note:        Authority G.S. 90-270.139; 90-270.143;

Eff. September 1, 1982;

Amended Eff. July 1, 1997; October 1, 1991; March 1, 1989;

Readopted Eff. April 1, 2020;

Amended Eff. August 1, 2021.

 

21 NCAC 54 .2003             CONTRACTING AND REPORTING

21 NCAC 54 .2004             TIME REQUIREMENTS

 

History Note:        Authority G.S. 90-270.2(f); 90-270.4(a2); 90-270.5(d); 90-270.9; 90-270.15(e);

Eff. September 1, 1982;

Amend Eff. October 1, 1991; March 1, 1989; January 1, 1986; August 1, 1984;

Repealed Eff. July 1, 1997.

 

21 NCAC 54 .2005             DEFINiTION OF FACE TO FACE SUPERVISION

(a)  As used in these Rules in this Chapter the term "face-to-face supervision" shall mean both in-person supervision, where the supervisor and supervisee meet in person at the same physical location, and electronic means of face‐to‐face interaction without meeting in person.

(b)  The face‐to‐face supervision shall be live, interactive, and visual. Video or other technology may be used so long as it is real time and involves verbal and visual interaction for the entire session. The face‐to‐face supervision shall maintain the confidentiality of the communication as it relates to the identifying information regarding patients/clients.

(c)  When a supervisor and supervisee are deciding whether to meet in person or through electronic medium, they shall consider factors such as:

(1)           whether reports or evaluations will be reviewed and whether that can be done through use of electronic medium;

(2)           whether the supervisory relationship is recently established; or

(3)           whether there are concerns that are better addressed in person.

 

History Note:        Authority G.S. 90‑270.136(f); 90‑270.139; 90-270.143;

Eff. September 1, 1982;

Amended Eff. July 1, 1997; January 1, 1986; August 1, 1984;

Readopted Eff. January 1, 2021.

 

21 NCAC 54 .2006             PSYCHOLOGICAL ASSOCIATE ACTIVITIES

(a)  The assessment of overall personality functioning by a psychological associate requires supervision.  The assessment of personality functioning involves any assessment or evaluative technique which leads to conclusions, inferences, and hypotheses regarding personality functioning.  This includes:

(1)           all statements regarding personality attributes, features, traits, structure, dynamics, and pathology or assets;

(2)           the use of personality assessment techniques which include, but are not limited to, observation, interviewing, mental status examinations, word association tests, diagnostic play therapy, and autobiographical techniques; and

(3)           the use of standardized personality techniques or tests.  Examples of techniques or tests include, but are not limited to, the following: Rorschach, Thematic Apperception Test, sentence completion tests, the House Tree Person, Minnesota Multiphasic Personality Inventory, the California Personality Inventory, The Millon tests, the 16PF, and all other self-report inventories and questionnaires, as well as scales and check lists completed by others.  The tests identified in this Rule as requiring supervision do not constitute an exhaustive list, only the most commonly utilized measures.

Not requiring supervision are screening techniques which lead to simple descriptors of persons which may be completed by a variety of professional and non-professional observers and are interpreted by other parties. 

(b)  The conduct of neuropsychological evaluations by psychological associates requires supervision.  Not requiring supervision are neuropsychological screenings which lead to simple behavioral descriptions rather than clinical interpretations, or the administration of rating devices which may be completed by a variety of professional and non-professional observers and are subsequently interpreted by other parties.

(c)  Psychotherapy, counseling, and any other interventions with a clinical population for the purpose of preventing or eliminating symptomatic, maladaptive, or undesired behavior provided by a psychological associate require supervision. Clinical populations include persons with discernible mental, behavioral, emotional, psychological, or psychiatric disorders as evidenced by an established Axis 1 or Axis II diagnosis or V Code condition in the then current DSM and all persons meeting the criteria for such diagnoses.  Interventions other than psychotherapy and counseling that are encompassed by this definition include, but are not limited to, psychological assessment, psychoanalysis, behavior analysis/therapy, biofeedback, and hypnosis.  Supervision is required when the psychological associate is providing an intervention to persons within a clinical population, directly with the person(s) or in consultation with a third party, for the purpose of preventing or eliminating symptomatic, maladaptive, or undesired behavior.  Supervision is required for the design or clinical oversight of interventions for persons within a clinical population, such as biofeedback techniques and behavior intervention programs; however, supervision is not required for the actual implementation of such interventions that were designed for others to implement, which may or may not constitute ancillary services.

(d)  The use, including authorization, of intrusive, punitive, or experimental procedures, techniques, or measures by a psychological associate requires supervision.  These procedures, techniques, or measures include, but are not limited to, seclusion, physical restraint, the use of protective devices for behavioral control, isolation time-out, and any utilization of punishment techniques involving aversive stimulation.  Also included in this definition are any other techniques which are physically intrusive, are restrictive of human rights or freedom of movement, place the client at risk for injury, or are experimental in nature (i.e., in which the efficacy and degree of risk have not previously been clinically established).

(e)  Supervision is required for a psychological associate who provides clinical supervision to other service providers who are engaged in activities which would require supervision if directly provided by the psychological associate.

 

History Note:        Authority G.S. 90-270.139(e); 90-270.143;

Eff. October 1, 1991;

Amended Eff. October 1, 2006.

 

21 NCAC 54 .2007             APPLICANTS AND OTHER NONLICENSED INDIVIDUALS

(a)  Except as provided for in this Rule, Rule .1610 of this Chapter, and Rule .1703 of this Chapter, applicants and individuals who have yet to apply for licensure shall not practice or offer to practice psychology without supervision. With the exception of those activities which are exempt from licensure as stipulated in G.S. 90-270.138, all activities comprising the practice of psychology shall be subject to supervision by a supervisor. A minimum of one hour per week of face-to-face individual supervision shall be required in any week in which an applicant practices psychology. Supervision shall be provided by an individual who shall be recognized as an appropriate supervisor of licensees as defined in Rule .2001 of this Section.

(b)  An applicant who is not practicing or offering to practice psychology in North Carolina shall not be required to receive supervision.

(c)  An applicant shall keep a written, notarized supervision contract form on file in the Board's office at all times. A supervision contract form shall document either that supervision is required and shall be received, or that supervision is not required.

(d)  An initial written, notarized supervision contract form shall be filed along with the application form. The contents of the contract form can be found in Rule .1701(a)(3) of this Chapter. A new supervision contract form shall be filed within 30 days of a change in the conditions specified in the supervision contract form on file with the Board and within 30 days after receiving written notification from the Board that the filing of a new form is necessary to provide for the protection of the public or the regulation of the practice of psychology.

(e)  Supervision reports shall be submitted upon termination of supervision, when there is a change in the conditions specified in the supervision contract form on file with the Board, or at any time that the supervisor has concerns regarding the supervisee's performance. The report form shall include the following:

(1)           legal name;

(2)           license number;

(3)           mailing address, email address and telephone number;

(4)           work setting covered by report;

(5)           if work at the setting has been terminated;

(6)           dates covered by the report;

(7)           supervisor's name and license number;

(8)           number of hours of supervision;

(9)           number of supervision sessions;

(10)         number of hours supervisee engaged in activities requiring supervision;

(11)         number of hours supervisee engaged in health service activities;

(12)         ratings of supervisee; and

(13)         if supervisee was unemployed or not practicing psychology in North Carolina.

(f)  Additional monitoring and reporting to the Board shall be required in cases where the Board determines by reviewing previous supervision reports or other information (e.g., reference letters, ethical complaints, etc.) problems in the supervisee's failure to practice in accordance with G.S. 90-270.148(a). Additional documentation or an interview with the Board or its designated representative(s) may be required when questions arise regarding the supervisee's practice due to information supplied or omitted on supervision contract forms and reports or when required forms are not filed with the Board.

(g)  Contract and report forms can be obtained from the Board's website.

 

History Note:        Authority G.S. 90-270.139(c); 90-270.143;

Eff. April 1, 1994;

Temporary Adoption Eff. December 1, 1993, for a period of 180 Days or until the permanent rule becomes effective, whichever is sooner;

Amended Eff. July 1, 1997;

Readopted Eff. April 1, 2020;

Amended Eff. August 1, 2021.

 

21 NCAC 54 .2008             PSYCHOLOGICAL ASSOCIATE

(a)  A Psychological Associate practicing psychology in North Carolina shall receive supervision for activities specified in G.S. 90-270.139(e) and Rule .2006 of this Section.

(b)  A Psychological Associate whose professional practice is limited to those activities other than those specified in G.S. 90-270.139(e) and Rule .2006 of this Section as requiring supervision shall not be required to receive supervision.

(c)  A Psychological Associate who is a regular salaried employee of the State Department of Public Instruction or a local board of education, and whose professional activities are limited only to those for which he or she is employed by that agency, shall not be required to receive supervision. This exemption shall not apply to individuals who contract with the Department of Public Instruction or local boards of education for the delivery of psychological services which otherwise require supervision in the schools.

(d)  A Psychological Associate who engages in the practice of psychology in a jurisdiction other than North Carolina shall not be required to receive supervision as set forth in this Rule for those services rendered in another jurisdiction so long as said services in another jurisdiction are rendered in a manner consistent with that jurisdiction's legal requirements.

(e)  A written, notarized supervision contract form shall be filed within 30 days of a change in the conditions specified in the supervision contract form on file with the Board and within 30 days after receiving written notification from the Board that the filing of a new form is necessary to provide for the protection of the public or the regulation of the practice of psychology. A supervision contract form shall document either that supervision is required and shall be received, or that supervision is not required. A separate supervision contract form shall be filed for each separate work setting. A work setting is considered as self-employment, employment under an umbrella agency, or employment at a stand-alone business entity. If receiving supervision from more than one supervisor to meet the supervision requirements set forth in this Rule, a separate supervision contract form shall be filed with each individual supervisor.

(f)  A supervisor shall report to the Board that agreed upon supervision has occurred and shall file a final report upon termination of supervision. A report shall be submitted to the Board by the following time periods:

(1)           within 30 days after receiving written notification from the Board that such is due;

(2)           within 2 weeks of termination of supervision; and,

(3)           within 2 weeks of a change in the conditions specified in the supervision contract form on file with the Board.

If not receiving supervision, it shall be the responsibility of the Psychological Associate to report such to the Board.

(g)  Additional supervision and reporting to the Board shall be required in cases where the Board determines by reviewing previous supervision reports or other information (e.g. reference letters, ethical complaints, etc.) problems in the supervisee's failure to practice in accordance with G.S. 90-270.148(a). Additional documentation or an interview with the Board or its designated representative(s) may be required when questions arise regarding the supervisee's practice due to information supplied or omitted on supervision contract forms and reports or when required forms are not filed with the Board.

(h)  Supervision shall be provided in individual, face-to-face supervision, as defined by Rule .2003 of this Section, sessions which shall last no longer than 2 hours or less than 30 minutes by an individual who is an appropriate supervisor as defined in Rule .2001 of this Section. The rates of supervision specified in this Paragraph shall be provided for each separate work setting in which the Psychological Associate engages in the activities requiring supervision. Minimum hours of supervision required for each work setting shall not be split between more than two supervisors. The term "post-licensure" in this Paragraph shall refer to the period following issuance of a Psychological Associate license by the North Carolina Psychology Board. The term "supervised practice" in this Paragraph shall refer to activities requiring supervision as specified in G.S. 90-270.139(e) and Rule .2006 of this Section. Except as provided in Paragraph (g) of this Rule, minimum supervision requirements shall be as follows:

(1)           Level 1. For a Psychological Associate with less than 3 calendar years consisting of at least 4500 hours of post-licensure supervised practice, minimum supervision shall be provided as follows:

 

No. of hours per month                                      No. of hours of required

engaging in activities                                          individual supervision

that require supervision                                      per month

1 - 10                                                                                     1

11 - 20                                                                                   2

21 - 30                                                                                   3

31 plus                                                                                   4

 

(2)           Level 2. If a Psychological Associate does not meet the pass point of a scaled score of 500 as set forth in Rule .1901(a)(1) of this Chapter, then, after receiving a minimum of 3 calendar years consisting of at least 4500 hours of post-licensure supervised practice a minimum of one hour per month individual supervision, the Psychological Associate who engages in activities requiring supervision, shall receive one hour of supervision per month, regardless of the number of hours per month engaging in activities that require supervision. To be approved by the Board for Level 2 supervision, a Psychological Associate shall:

(A)          make application on an application form provided by the Board, which shall include the following information:

(i)            legal name;

(ii)           license number;

(iii)          license date;

(iv)          email address;

(v)           mailing address;

(vi)          telephone number;

(vii)         dates of practicing psychology;

(viii)        total hours of practicing psychology;

(ix)          job title;

(x)           work duties; and

(xi)          name and address of supervisor.

(B)          document that all performance ratings for the preceding 3 years and 4500 hours of post-licensure supervised practice have been average or above average as reported on previous supervision reports;

(C)          have received at least one calendar year of supervision from the most recent supervisor; and

(D)          have the recommendation of the most recent supervisor for this level of supervision.

(3)           Level 3. After a minimum of 3 calendar years consisting of at least 4500 hours of post-licensure supervised practice, as set forth above in Paragraph (h)(1) of this Rule, or 5 calendar years of post licensure supervised experience, as set forth in Paragraph (h)(2) of this Rule if a psychological associate does not meet the scale score of 500, a minimum of one hour every three months of individual supervision shall be provided to a Psychological Associate who engages in activities requiring supervision, provided that a Psychological Associate shall:

(A)          make application on an application form provided by the Board, which shall include the information set forth in Part (h)(2)(A) of this Rule;

(B)          document that all performance ratings for the preceding 3 years and 4500 hours of post-licensure supervised practice have been average or above average for those applying under Subparagraph (h)(1) of this Rule; or 5 years of post-licensure supervised practice for those required to apply under Subparagraph (h)(2) of this Rule;

(C)          have received at least one calendar year of supervision from the most recent supervisor; and

(D)          have the recommendation of the most recent supervisor for this level of supervision.

(i) The frequency and scope of supervision may, at the discretion of the supervising psychologist, be modified provided that the minimum rate of supervision as defined in Subparagraph (h)(1), (h)(2) or (h)(3) of this Rule is provided. The supervising psychologist of record may review, approve, and monitor additional individual or group supervision to be provided to the supervisee by a licensed psychological associate, licensed psychologist holding a permanent or provisional license, or a professional from a related discipline. Such supervision shall not substitute for the minimum requirements specified in Subparagraph (h)(1), (h)(2) or (h)(3) of this Rule.

(j)  Contract, report and application forms can be obtained from the Board's website.

 

History Note:        Authority G.S. 90-270.138(c); 90-270.139(e); 90-270.143;

Eff. July 1, 1997;

Readopted Eff. January 1, 2021;

Amended Eff. August 1, 2021.

21 NCAC 54 .2009             LICENSED PSYCHOLOGIST

(a)  Except as provided in Rule .1707 of this Chapter, to be issued a permanent license at the Psychologist level, an applicant shall document a minimum of 2 years consisting of at least 3000 hours of supervised practice which shall meet the requirements specified in Paragraphs (i) and (j) of this Rule. A minimum of 1 calendar year consisting of at least 1500 hours of this supervised practice shall be accrued at the postdoctoral level.

(b)  A psychologist who meets all other requirements for a permanent license set forth in G.S. 90-270.145(a) except the two years of supervised experience shall be issued a provisional license at the Psychologist level and shall comply with supervision requirements specified in this Rule.

(c)  If practicing psychology in North Carolina, a provisional licensee shall receive at least one hour per week of face-to-face individual supervision by an appropriate supervisor as defined in Rule .2001 of this Section until permanent status is approved by the Board.

(d)  A provisional licensee who engages in the practice of psychology in a jurisdiction other than North Carolina shall not be required to receive supervision specified in this Rule for those services rendered in another jurisdiction so long as said services in another jurisdiction shall be rendered in a manner consistent with that jurisdiction's legal requirements.

(e)  A written, notarized supervision contract form shall be filed within 30 days of a change in the conditions specified in the supervision contract form on file with the Board and within 30 days after receiving written notification from the Board that the filing of a new form is necessary to provide for the protection of the public or the regulation of the practice of psychology. A supervision contract form shall document either that supervision is required and shall be received, or that supervision is not required. A separate supervision contract form shall be filed for each separate work setting. A work setting is considered as self-employment, employment under an umbrella agency, or employment at a stand-alone business entity. If receiving supervision from more than one supervisor, a separate supervision contract form shall be filed with each individual supervisor.

(f)  A supervisor shall report to the Board that agreed upon supervision has occurred and shall file a final report upon termination of supervision. If not receiving supervision, it shall be the responsibility of the provisional licensee to report such to the Board. A report shall be submitted to the Board within 30 days after receiving written notification from the Board that such is due, within 2 weeks of termination of supervision, and within 2 weeks of a change in the conditions specified in the supervision contract form on file with the Board.

(g)  Additional supervision and reporting to the Board shall be required in cases where the Board determines by reviewing previous supervision reports or other information (e.g. reference letters, ethical complaints, etc.) problems in the supervisee's failure to practice in accordance with G.S. 90-270.148(a). Additional documentation or an interview with the Board or its designated representative(s) may be required when questions arise regarding the supervisee's practice due to information supplied or omitted on supervision contract forms and reports or when required forms are not filed with the Board.

(h)  One year of supervised experience shall meet all of the following criteria for a training program in psychology:

(1)           The training shall be a planned sequence of training experience in the practice of psychology, in contrast to "on the job" training, and shall provide the trainee with a planned, programmed sequence of training experience.

(2)           The training site shall have a written statement or brochure which describes its training program and is made available to prospective trainees.

(3)           Trainees shall be designated as "interns," fellows," or "residents," or shall hold other designation which indicates training status.

(4)           The training shall be completed within a consecutive period of 24 months.

(5)           The training shall consist of at least 1500 hours of practice in psychology as defined by G.S. 90-270.136(8).

(6)           A minimum of two doctorally trained licensed, certified, or license eligible psychologists shall be supervisors at the training site.

(7)           The training shall be under the direction of a licensed, certified, or license eligible doctorally trained psychologist who shall be on the staff of the training site, who shall approve and monitor the training, who shall be familiar with the training site's purposes and functions, and who shall agree to assume responsibility for the quality, suitability, and implementation of the training experience.

(8)           The training shall provide a minimum of two hours per week of individual face‑to‑face discussion of the trainee's practice, with the intent of overseeing the psychological services rendered by the trainee. Supervision may be provided in part by psychiatrists, social workers, or other related professionals qualified by the training site, but at least 50% of supervision shall be provided by licensed, certified, or license‑eligible doctorally trained psychologists.

(9)           In addition to individual supervision, the training site shall provide a minimum of two hours per week of instruction which may be met by group supervision, assigned reading, seminars, and similarly constituted organized training experiences.

(10)         Internships accredited by the American Psychological Association shall be deemed to meet the requirements in this Paragraph.

(i)  One year of supervised experience shall meet all of the following criteria:

(1)           A minimum of one hour per week of face-to-face, individual supervision shall be provided.

(2)           The experience shall consist of a minimum of 1 calendar year, shall include 1500 hours of practice, and shall be completed within a consecutive 4-year period.

(3)           Supervision shall be provided for the practice of psychology as defined by G.S. 90-270.136(8).

(4)           Supervision shall be provided by an individual who is an appropriate supervisor of licensees as defined in Rule .2001 of this Section.

(j)  Contract and report forms can be obtained from the Board's website.

 

History Note:        Authority G.S. 90-270.139(d); 90-270.143;

Eff. July 1, 1997;

Readopted Eff. April 1, 2020;

Amended Eff. August 1, 2021.

SECTION .2100 ‑ RENEWAL

 

21 NCAC 54 .2101             LICENSE RENEWAL FORM

(a)  A licensee shall renew his or her license by October 1 of each even numbered year by submitted to the Board a completed renewal application form.

(b)  The form shall include the following information:

(1)           legal name;

(2)           license number;

(3)           current addresses and email address;

(4)           telephone number;

(5)           area of specialty;

(6)           principal setting of practice;

(7)           any malpractice actions;

(8)           whether denied a professional license, had a professional license disciplined, or have pending charges against a professional license;

(9)           whether convicted of, or entered a plea of guilty or nolo contendere to any felony or any misdemeanor involving moral turpitude, misrepresentation or fraud in dealing with the public, or conduct otherwise relevant to fitness to practice psychology, or a misdemeanor charge reflecting the inability to practice psychology with due regard to the health and safety of clients or patients;

(10)         whether completed required continuing education during the preceding two years, as required by Rule .2104 of this Section; and

(11)         a complete supervision report shall be submitted.

(c)  Failure of a postal service or an internet provider to deliver the renewal application or failure of a licensee to submit all required information on the form by the deadline set forth in G.S. 90-270.147(a), shall not excuse the late fee or prevent license suspension.

 

History Note:        Authority G.S. 90-270.143; 90-270.147;

Eff. September 1, 1982;

Amended Eff. May 1, 1996; October 1, 1991; August 1, 1984;

Readopted Eff. April 1, 2020;

Amended Eff. August 1, 2021.

 

21 NCAC 54 .2102             SECOND NOTICE

(a)  If a licensee has not sent in a renewal application and fee required in accordance with G.S. 90-270.147(1), the Board shall send a second notice of renewal to the licensee. Upon receipt of the second notification, the licensee shall provide the required information.

(b)  Failure to provide the required renewal application and fees within 60 days of the renewal date shall result in the automatic suspension of the license.

 

History Note:        Authority G.S. 90-270.143; 90-270.147(1); 90-270.148(f);

Eff. September 1, 1982;

Readopted Eff. April 1, 2020;

Amended Eff. August 1, 2021.

 

21 NCAC 54 .2103             REINSTATEMENT

(a)  The information required for each applicant requesting reinstatement of licensure after a license has been suspended due to non‑renewal shall consist of:

(1)           completed reinstatement application form. The form shall include the following information:

(A)          applicant's legal name;

(B)          mailing address and telephone number;

(C)          business name, mailing address and telephone number;

(D)          Social Security number;

(E)           e-mail address;

(F)           date and place of birth;

(G)          licensure or applicant for licensure by another psychology board;

(H)          if taken, the score on the Examination for Professional Practice in Psychology;

(I)            whether applicant has previously applied for a license to practice psychology in North Carolina;

(J)            whether the applicant was denied a professional license or permit, privilege of taking an examination, had a professional license or permit disciplined by any licensing authority in North Carolina or elsewhere, or charges are pending against a professional license or permit held by the applicant;

(K)          whether the applicant has withdrawn an application for licensure or an application to take a professional licensing examination in North Carolina or elsewhere;

(L)           whether the applicant has ever been convicted of, or entered a plea of guilty or nolo contendere to any felony or misdemeanor other than a minor traffic violation;

(M)         other fields of work for which the applicant is licensed or certified; or has applied for licensure or certification;

(N)          whether the applicant holds a diploma from the American Board of Professional Psychology;

(O)          whether doctoral program was APA accredited at the time of graduation;

(P)           names of graduate programs attended and dates degrees awarded;

(Q)          names and mailing addresses of three professional references, other than supervisors;

(R)          all work experience including, any graduate internship, practicum, or other supervised training experience that serves as the basis for current application for licensure;

(S)           reason for reapplying for licensure in North Carolina;

(T)           any disability that may require some special accommodation, as set forth in the ADA in taking licensing examinations;

(U)          if applying for Health Services Provider Certification; and

(V)          certify that the applicant has read and understands the public notice statement on employee misclassification maintained on the Board's website and whether the applicant has been investigated for employee misclassification within the past 12 months.

(2)           documentation of having completed a minimum of 24 continuing education hours as specified in Rule .2104 of this Section during the two years preceding the date of application for reinstatement of licensure;

(3)           completed supervision report form, if applicable; and

(4)           payment of the renewal and reinstatement fees.

The information listed in this Paragraph shall be filed in the Board office within 30 days after a license has been suspended due to non-renewal.

(b)  The information required for each applicant requesting reinstatement of licensure after a license has been suspended for more than 30 days due to non‑renewal or after a license has been voluntarily relinquished with the Board's , consent, pursuant to G.S. 90-270.148(h), shall consist of:

(1)           typed or legibly printed, signed or digitally signed application form and supervision contract form;

(2)           signed consent form, completed Fingerprint Record Card, and other such form(s) or information as required by the North Carolina Department of Justice to perform a criminal history record check;

(3)           payment of fee required by the North Carolina Department of Justice to perform a criminal history record check;

(4)           documentation of having completed a minimum of 24 continuing education hours as specified in Rule .2104 of this Section during the two years preceding the date of application for reinstatement of licensure;

(5)           completed supervisory forms from present and past supervisors, if applicable, as set forth in G.S. 90-270.148(h);

(6)           three completed reference forms from professionals who are familiar with the applicant's current work, one of which shall be from a doctoral level psychologist, as set forth in Rule .1701(a)(8) of this Chapter;

(7)           written verification and report on the status of any occupational licensure, including dates of licensure and any disciplinary action which is pending or has been taken, sent directly to the Board from any other regulatory agency in North Carolina and any other jurisdiction in which the applicant has applied for a license, is currently licensed, or previously was licensed, if applicable;

(8)           official graduate college transcripts sent directly to the Board by the training institution(s); and

(9)           payment of the renewal and reinstatement fees within 30 days after receiving notification from the Board that reinstatement of licensure has been approved.

(c)  An application shall contain all required materials as set forth in Paragraphs (a) and (b) of this Rule to be complete. An incomplete application shall be active for three months from the date of application. At the end of such time, if still incomplete, the application shall be void, and the applicant shall be deemed to have discontinued the application process. If the individual chooses to pursue licensure at a later date, the individual shall reapply.

(d)  To be considered to have made application for reinstatement of licensure pursuant to Paragraph (b) of this Rule the information specified in Subparagraphs (b)(1) through (b)(4) of this Rule shall be filed in the Board office within 30 days of offering to practice or undertaking the practice of psychology in North Carolina.

(e)  The Board shall require applicants for reinstatement to take the state examination.

 

History Note:        Authority G.S. 90-270.143; 90-270.147(a)(2); 90-270.148.(f),(h); 90-270.155(a);

Eff. August 1, 1984;

Amended Eff. March 1, 2008; May 1, 1996; November 1, 1991; March 1, 1989;

Readopted Eff. April 1, 2020;

Amended Eff. August 1, 2021.

 

21 NCAC 54 .2104             CONTINUING EDUCATION

(a)  All licensees shall complete continuing education in accordance with this Rule prior to the renewal of a license. The license of any license who fails to complete the required continuing education shall not be renewed and shall be suspended automatically in accordance with G.S. 90-270.148(f).

(b)  Definitions.

(1)           Continuing education hour – one hour of instructional or contact time.

(2)           Biennial renewal period – the period of time from the first day of October in each even numbered year, continuing until the last day in November in the next even numbered year.

(3)           Category A program sponsor –

(A)          North Carolina Psychology Board;

(B)          American Psychological Association (APA);

(C)          American Psychological Association approved sponsors;

(D)          National Association of School Psychologists (NASP);

(E)           National Association of School Psychologists approved sponsors;

(F)           North Carolina Area Health Education Centers (NCAHEC); or

(G)          North Carolina Psychological Association (NCPA).

(4)           Category B program sponsor – any program sponsor not listed in Subparagraph (3) of this Paragraph.

(c)  During each biennial renewal period, a licensee must complete a minimum of 24 continuing education hours, a minimum of 15 of which must be completed under a Category A program sponsor as defined in Subparagraph )(b)(3) of this Rule. The remaining required hours of continuing education may be completed in either Category A or Category B. Included in the 15 hours under a Category A program sponsor, a minimum of 3 continuing education hours in the area of ethics in the professional practice of psychology must be completed. To be credited as fulfillment of this requirement, the word "ethics" or a derivative of the word "ethics" must be in the title of the program, and the program must include such content.

(d)  Except as specified in Paragraphs (f) and (g) of this Rule, the 24 continuing education hours, whether Category A or B, must meet all of the following requirements:

(1)           The continuing education hours must be obtained through:

(A)          in-person attendance at programs;

(B)          presentations at programs; or

(C)          completion of on-line or correspondence courses.

(2)           The program sponsor shall award a certificate of completion which documents the following information:

(A)          name of sponsor and any cosponsor of program;

(B)          number of contact hours credited for psychologists;

(C)          title of program;

(D)          date of program; and

(E)           in the case of an APA or NASP approved sponsor, a statement that the entity is APA or NASP approved to provide the program as continuing education to psychologists.

(3)           All continuing education hours, whether Category A or B, must be in the maintenance and enrichment of professional skills and competencies within the licensee's scope of practice in psychology, including, but not limited to:

(A)          training in empirically supported assessment or treatment;

(B)          the application of research to the practice of psychology;

(C)          legal issues in psychology;

(D)          ethics in the professional practice of psychology;

(E)           training in how to properly supervise in accordance with Board rules regarding supervision requirements, as described in Rule .2001(c) of this Chapter; and

(F)           training in best practice standards and guidelines.

(e)  To renew a licensee, a licensee shall submit the following to document that he or she has met the continuing education requirements specified in this Rule:

(1)           a signed attestation form; which includes the following:

(A)          Category A documentation including:

(i)            date of program;

(ii)           number of contact hours;

(iii)          name of sponsor of program;

(iv)          title of program;

(v)           location of program.

(B)          Category B. documentation including:

(i)            date of program or activity;

(ii)           number of instructional or contact hours;

(iii)          description of activity;

(iv)          name of presenter, facilitator, or leader;

(v)           name of sponsor;

(vi)          location;

(vii)         full citation of article;

(viii)        summary of content; and

(C)          an attestation by the licensee that the statements on the form are true and correct.

(2)           except as specified in Paragraphs (f) and (g) of this Rule, copies of certificates of completion that include the information specified in Subparagraph (d)(2) of this Rule.

(f)  A maximum of three continuing education hours may be credited in each biennial renewal period for any licensee who has received Board-required supervision, except when specified otherwise under a Consent Order or Final Decision executed by the Board. These three hours must be documented by the supervisor and will be credited toward the maximum nine hours allowed under Category B program sponsors.

(g)  A maximum of nine continuing education hours may be credited in each biennial renewal period for graduate course work completed on a pass/fail or graded basis in a doctoral psychology program that is approved by the American Psychological Association. These hours must be documented on an official transcript sent to the Board by the institution of higher education at which the applicant completed the courses and will be credited toward the maximum nine hours allowed under Category B program sponsors.

(h)  A maximum of one continuing education hour may be credited in each biennial renewal period for completion in each renewal cycle of the Board developed ethics renewal examination described in Rule .1901(a)(3) of this Chapter.

(i)  Continuing education hours credited for license renewal in one biennium renewal period shall not be credited for license renewal in another biennium renewal period.

(j)  An individual licensed on or before October 1, 2020, shall attest on the license renewal application for the 2020-2022 biennial renewal period, and on each subsequent biennial renewal application, to having met the mandatory continuing education requirements specified in this Rule. An individual licensed after October 1, 2020, shall attest on the second license renewal application following licensure, and on each subsequent biennial renewal application, to having met the mandatory continuing education requirements specified in this Rule.

(k)  An applicant for reinstatement of licensure must document that he or she has completed a minimum of 24 continuing education hours as specified in this Rule within the two years preceding the date of application for reinstatement of licensure and must attest on each subsequent biennial renewal application to having met the mandatory continuing education requirements specified in this Rule.

 

History Note:        Authority G.S. 90-270.143; 90-270.147(a)(2);

Eff. August 1, 2002;

Amended Eff. July 1, 2003;

Readopted Eff. April 1, 2020;

Amended Eff. August 1, 2021.

 

_

 

SECTION .2200 ‑ PROFESSIONAL CORPORATION

 

 

21 NCAC 54 .2201             CORPORATE NAME

 

History Note:        Authority G.S. 55B‑5; 55B‑14; 90‑270.9;

Eff. September 1, 1982;

Amended Eff. March 1, 1989; January 1, 1986;

Repealed Eff. September 1, 1996.

 

21 NCAC 54 .2202             CERTIFICATE OF REGISTRATION

The information required for an applicant to obtain a certificate of registration for a professional corporation or professional limited liability company organized to render professional psychological services shall consist of:

(1)           typed, or printed, signed or digitally signed application form. The form shall include the following information:

(A)          name of corporation;

(B)          purpose for which corporation is organized;

(C)          mailing address;

(D)          email address;

(E)           telephone number;

(F)           name, address, and license number (if applicable) of incorporator(s);

(G)          name and license number of stockholder(s);

(H)          name and occupation of members of board of directors;

(I)            name and occupation of officers;

(J)            name and license number of psychologists to be employed by the corporation; and

(K)          name and duties of persons other than psychologists employed, or to be employed, by the corporation.

(2)           a completed Articles of Incorporation for a professional corporation or the Articles of Organization for a professional limited liability company; and

(3)           following submission of the Articles of Incorporation or Articles of Organization to the Secretary of State by the applicant , the applicant must submit to the Board a final certified copy of the Articles of Incorporation or Articles of Organization issued by the Secretary of State. The certificate of registration shall remain effective until January 1 following the date of such registration.

 

History Note:        Authority G.S. 55B‑10; 57D-2-01; 90‑270.143;

Eff. September 1, 1982;

Amended Eff. July 1, 1996; March 1, 1989; January 1, 1986;

Readopted Eff. April 1, 2020.

 

21 NCAC 54 .2203             RENEWAL OF CERTIFICATE OF REGISTRATION

(1)  An application for renewal shall be sent to each registered professional corporation and professional limited liability company prior to January 1. The Board shall renew the certificate of registration upon receipt of the completed written application of the holder and the renewal fee, as set forth in Rule .1605 of this Chapter.

(2)  The application shall include the following information:

(A)          names of current members of professional entity;

(B)          corporation or company mailing address;

(C)          corporation or company email address and telephone number;

(D)          assumed name, if different from professional entity name.

 

History Note:        Authority G.S. 55B‑11; 57D-2-02; 90‑270.143;

Eff. September 1, 1982;

Amended Eff. July 1, 1996;

Readopted Eff. April 1, 2020.

 

21 NCAC 54 .2204             SUSPENSION OR REVOCATION OF CERTIFICATE OF REGISTRATION

 

History Note:        Authority G.S. 55B‑13; 90‑270.9;

Eff. September 1, 1982;

Amended Eff. March 1, 1989;

Repealed Eff. May 1, 1996.

 

SECTION .2300 ‑ ADMINISTRATIVE HEARING PROCEDURES

 

21 NCAC 54 .2301             RIGHT TO HEARING

21 NCAC 54 .2302             REQUEST FOR HEARING

21 NCAC 54. 2303             GRANTING OR DENYING HEARING REQUESTS

21 NCAC 54 .2304             NOTICE OF HEARING

21 NCAC 54 .2305             WHO SHALL HEAR CONTESTED CASES

 

History Note:        Authority G.S. 90‑270.9; 150B‑3(b); 150B‑38; 150B-40(b); 150B-40(e);

Eff. August 1, 1984;

Amended Eff. March 1, 1989; September 1, 1988; August 1, 1987; January 1, 1986;

Repealed Eff. April 1, 2020.

 

21 NCAC 54 .2306             PETITION FOR INTERVENTION

 

History Note:        Authority G.S. 90‑270.9; 150B‑38(f);

Eff. August 1, 1984;

Repealed Eff. March 1, 1989.

 

21 NCAC 54 .2307             TYPES OF INTERVENTION

 

History Note:        Authority G.S. 1A‑1, Rule 24; 90‑270.9; 150B‑38(f);

Eff. August 1, 1984;

Expired Eff. November 1, 2017 pursuant to G.S. 150B-21.3A.

 

21 NCAC 54 .2308             DISQUALIFICATION OF BOARD MEMBER

(a)  If for any reason a Board member determines that personal bias or other factors render him unable to conduct or participate in the hearing and perform all duties in an impartial manner, he shall submit, in writing, to the Board, his disqualification and the reasons.

(b)  If for any reason any party in a contested case believes that a Board member is personally biased or otherwise unable to conduct or participate in the hearing and perform all duties in an impartial manner, the party may file a sworn, notarized affidavit with the Board.

(c)  The affidavit must state all facts the party deems relevant to the disqualification of a Board member.

(d)  An affidavit seeking disqualification shall be considered timely if filed at least 10 days before commencement of the hearing or, if filed within 10 days of the hearing, as soon as the party becomes aware of the facts that give rise to the belief that Board member may be disqualified.

(e)  Procedure for Determining Disqualification.

(1)           The chairperson of the Board may appoint a member of the Board to investigate the allegations of the affidavit and report his findings and recommendations to the Board.

(2)           The Board, with the advice of such assistants as it deems appropriate, shall decide whether to disqualify the challenged individual.

(3)           The person whose disqualification is to be determined will not participate in the decision but will have the right to furnish information to the Board.

(4)           A record of proceedings and the reasons for decisions reached will be maintained as part of the contested case.

(f)  Disqualification or withdrawal of a Board member because of personal bias or otherwise will not require the hearing to be postponed unless a quorum is not available or the Board member disqualified is the presiding officer and assignment of a new presiding officer would cause substantial prejudice to any party.

 

History Note:        Authority G.S. 90‑270.143; 150B‑40(b);

Eff. August 1, 1984;

Amended Eff. March 1, 1989; January 1, 1986;

Readopted Eff. April 1, 2020.

 

21 NCAC 54 .2309             FAILURE TO APPEAR

(a)  Continuances shall be granted only in compelling circumstances, such as sickness, previous immovable conflict, or unavailability of key witnesses.

(b)  If a hearing is conducted or a decision is reached in an administrative hearing in the absence of a party, or if a proceeding is dismissed as to a party, that party may file a motion for reconsideration with the Board.

(c)  Motions to reconsider shall not be granted except when the petitioner can show that the reasons for his failure to appear were due to an emergency, such as an urgent medical issue or severe weather.

 

History Note:        Authority G.S. 90‑270.143; 150B‑40(a);

Eff. August 1, 1984;

Amended Eff. March 1, 1989; January 1, 1986;

Readopted Eff. April 1, 2020.

 

21 NCAC 54 .2310             SIMPLIFICATION OF ISSUES

 

History Note:        Authority G.S. 90‑270.9; 150B‑40(c)(5);

Eff. August 1, 1984;

Amended Eff. March 1, 1989;

Expired Eff. November 1, 2017 pursuant to G.S. 150B-21.3A.

 

21 NCAC 54 .2311             SUBPOENAS

 

History Note:        Authority G.S. 90‑270.9; 150B‑39(c);

Eff. August 1, 1984;

Amended Eff. March 1, 1989; January 1, 1986;

Repealed Eff. April 1, 2020.

 

21 NCAC 54 .2312             FINAL DECISIONS IN ADMINISTRATIVE HEARINGS

21 NCAC 54 .2313             OFFICIAL RECORD

 

History Note:        Authority G.S. 90‑270.9; 150A‑36; 150A‑37;

Eff. August 1, 1984;

Repealed Eff. January 1, 1986.

 

21 NCAC 54 .2314             PRESIDING OFFICER

Prior to designation of a presiding officer by the Board, or if the presiding officer is unavailable or disqualifies himself, the chairperson of the Board shall act as presiding officer for purposes of issuing subpoenas, ordering the production of records, responding to motions for continuances or extensions of time, controlling and ruling on issues surrounding discovery, and otherwise acting on matters arising in connection with a pending hearing.

 

History Note:        Authority G.S. 90‑270.143; 150B‑40(b),(c);

Eff. January 1, 1986;

Readopted Eff. April 1, 2020.

 

SECTION .2400 ‑ RULEMAKING PROCEDURES

 

21 NCAC 54 .2401             PETITION FOR RULEMAKING HEARINGS

(a)  Any person wishing to submit a petition requesting the adoption, amendment or repeal of a rule by the Board shall mail a petition to the Board at the address shown in Rule .1602 of this Chapter.

(b)  The petition shall include the following information:

(1)           a draft of the proposed text change, if requesting the Board to create or amend a rule;

(2)           a statement of the effect the proposed rule change would have; and

(3)           name(s) and address(es) of petitioner(s).

(c)  The petition may also include the following information:

(1)           reasons for the proposal;

(2)           statutory authority for the Board to promulgate the rule;

(3)           effect of the proposed rule on existing practices in the area involved, including cost factors if available;

(4)           any data supporting the proposal; and

(5)           names of those most likely to be affected by the proposed rule, with addresses if reasonably known;

 

History Note:        Authority G.S. 90‑270.143; 150B-20;

Eff. June 1, 1988;

Amended Eff. March 1, 1989;

Readopted Eff. April 1, 2020.

 

21 NCAC 54 .2402             DISPOSITION OF PETITION

(a)  The Board shall determine whether to grant the petitioner's request. Prior to making this determination, the Board's chairperson or his or her designee may request additional information from the petitioner(s), may contact interested persons likely to be affected by the proposed rule and request comments, or may use any other method for obtaining information. The chairperson or designee shall consider all of the contents of the petition submitted plus any other information obtained by the means described herein.

(b)  Based upon the information submitted as set forth in G.S. 150B-20 and Rule .2401 of this Section, the chairperson or designee shall recommend to the Board to either grant or deny the petition.

 

History Note:        Authority G.S. 90‑270.143; 150B-20;

Eff. June 1, 1988;

Readopted Eff. April 1, 2020.

 

SECTION .2500 ‑ RULEMAKING HEARINGS

 

21 NCAC 54 .2501             REQUEST TO PARTICIPATE IN HEARING

21 NCAC 54 .2502             BOARD RESPONSE TO THE REQUEST TO PARTICIPATE

21 NCAC 54 .2503             PRESENTATION OF ORAL COMMENT

21 NCAC 54 .2504             WRITTEN SUBMISSIONS

21 NCAC 54 .2505             POWERS AND DUTIES OF THE PRESIDING OFFICER

 

History Note:        Authority G.S. 90‑270.9; 150B‑11(1); 150B‑12;

Eff. June 1, 1988;

Amended Eff. March 1, 1989;

Expired Eff. November 1, 2017 pursuant to G.S. 150B-21.3A.

 

SECTION .2600 ‑ DECLARATORY RULINGS

 

21 NCAC 54 .2601             REQUEST FOR DECLARATORY RULING

(a)  All requests for declaratory rulings shall be written and mailed to the North Carolina Psychology Board at the address shown in Rule .1602 of this Chapter.

(b)  Each Request for Declaratory Ruling must include the following information:

(1)           name and address of the persons requesting the ruling;

(2)           the statute or rule to which the request relates;

(3)           a statement of the manner in which the requesting person is aggrieved by the rule or statute or its potential application to him or her; and

(4)           the consequences of a failure to issue a declaratory ruling.

(c)  Whenever the Board finds good cause exists to deny the request for declaratory ruling, the Board shall deny the request to issue a declaratory ruling. The Board's refusal shall be followed within 30 days of the receipt of the petition, by the issuance of written notification to the petitioner. The notice shall state the decision and the reasons therefore.

(d)  Good cause for the denial of a declaratory ruling request shall include one of the following:

(1)           the person submitting the request is not a person aggrieved;

(2)           there is no conflict or inconsistency within the Board regarding an interpretation of the law or a rule adopted by the Board;

(3)           a situation where there has been a similar controlling factual determination in a contested case;

(4)           if the request for declaratory ruling involves a factual context that was considered upon adoption of the rule being questioned as evidenced by the rulemaking record;

(5)           the factual representations are not related to the statute or rule being questioned;

(6)           issuing the declaratory ruling will not serve the public interest; or

(7)           if circumstances stated in the request or otherwise known to the Board show that a contested case hearing would be appropriate.

(e)  Where the Board issues a declaratory ruling, the declaratory ruling shall be issued within 45 days after Board's decision to grant the petition.

(f)  A declaratory ruling procedure may consist of written submissions, oral hearings, or other procedure as deemed appropriate by the Board based upon whether the additional submitted information would assist the Board in determining whether to grant or deny the petition.

 

History Note:        Authority G.S. 90‑270.143; 150B-4;

Eff. June 1, 1988;

Readopted Eff. April 1, 2020.

 

21 NCAC 54 .2602             DISPOSITION OF REQUEST

 

History Note:        Authority G.S. 90‑270.9; 150B‑11(1); 150B‑17;

Eff. September 1, 1988;

Amended Eff. March 1, 1989;

Expired Eff. November 1, 2017 pursuant to G.S. 150B-21.3A.

 

SECTION .2700 ‑ HEALTH SERVICES PROVIDER CERTIFICATION

 

21 NCAC 54 .2701             Health Services ACTIVITIES

(a)  Health services in psychology include services provided directly to clients or patients or groups of clients or patients. Such services include the following:

(1)           the diagnosis, evaluation, treatment, remediation, and prevention of:

(A)          mental, emotional, and behavioral disorder;

(B)          substance abuse and dependency; and

(C)          psychological aspects of physical illness, accident, injury, and disability.

(2)           psychotherapy, counseling, psychoeducational, and neuropsychological services related to services described in Subparagraph (a)(1) of this Rule;

(3)           psychological assessment and report writing, including scoring of test protocols;

(4)           documentation of services provided to clients or patients, such as progress or process notes, clinical entries in records;

(5)           collateral contacts by a psychologist with family members, caretakers, and other individuals for the purpose of benefiting a client or patient of that psychologist; and

(6)           consultation with other professionals in service to the psychologist's clients or patients.

(b)  Health services in psychology do not include the following:

(1)           clinical supervision of other professionals who provide health services to clients or patients;

(2)           psychoeducational instruction to individuals who are not identified clients or patients of the psychologist providing such instruction;

(3)           career counseling, to include assessment of interests and aptitudes;

(4)           vocational and educational guidance;

(5)           the teaching of psychology;

(6)           the conduct of psychological research and the provision of psychological services or consultations to organizations or institutions, except when such activities involve the delivery of direct health services to individuals or groups of individuals who are themselves the intended beneficiaries of such services; or

(7)           administrative tasks associated with the delivery of health services, such as billing and insurance communications.

 

History Note:        Authority G.S. 90-270.136(4); 90-270.136(8); 90-270.143;

Temporary Adoption Eff. April 20, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. July 1, 1994;

Amended Eff. July 1, 2009;

Readopted Eff. April 1, 2020.

 

21 NCAC 54 .2702             REQUIREMENTS BEFORE JUNE 30, 1994

 

History Note:        Temporary Adoption Eff. April 20, 1994 for a period of 180 days or until the permanent rule becomes

effective, whichever is sooner;

Authority G.S. 90‑270.9; 90‑270.20(e)(f);

Temporary Adoption Expired Eff. July 1, 1994.

 

21 NCAC 54 .2703             DISPLAY OF CERTIFICATE

A health services provider certificate shall be displayed within the same physical office as the licensee's licensure certificate, or be available for view upon request by the licensee's patients or clients, at any time that licensee is practicing psychology.

 

History Note:        Authority G.S. 90‑270.143; 90‑270.153;

Eff. July 1, 1994;

Readopted Eff. April 1, 2020.

 

21 NCAC 54 .2704             HSP-P REQUIREMENTS

(a)  To be certified as a health services provider psychologist (HSP-P), a licensed psychologist holding permanent North Carolina licensure shall be qualified by education as defined in Paragraph (b) of this Rule and shall have completed two years of supervised experience, of which at least one year shall be post-doctoral. These two years of experience shall meet the criteria specified in Paragraphs (d) and (e) of this Rule, or in Paragraph (f) of this Rule. The applicant shall meet the criteria and submit the documentation required by this Rule.

(b)  The application form shall include the following information:

(1)           applicant's name;

(2)           mailing address;

(3)           email address;

(4)           telephone number;

(5)           license number; and

(6)           health services provider certification level.

(c)  For purposes of G.S. 90-270.153(b), a licensed psychologist shall be qualified by education upon documentation of the following:

(1)           is approved for or is listed in the National Register of Health Service Providers in Psychology at the time of the application;

(2)           is a diplomat in good standing of the American Board of Professional Psychology in a health services specialty area;

(3)           is a graduate from a doctoral program that was accredited at the time of the applicant's graduation by the American Psychological Association or the Canadian Psychological Association in Clinical Psychology, Counseling Psychology, School Psychology, or Combined Professional-Scientific Psychology; or

(4)           has an academic foundation in the provision of health services as defined in Rule .2701(a) of this Section which meets the following requirements:

(A)          The applicant's doctoral program or formal postdoctoral program of re-specialization in psychology shall train individuals to provide health services in psychology.

(B)          Within the applicant's doctoral training program, or formal postdoctoral program of respecialization, in health services in psychology, course work shall have been completed in the areas of assessment, diagnosis, intervention, and psychopathology. The applicant shall further establish that he or she has completed relevant course work that has provided training in diagnosis, evaluation, treatment, remediation, or prevention of mental, emotional, and behavioral disorder, disability, and illness; substance abuse; habit and conduct disorder; or psychological aspects of physical illness, accident, injury, and disability.

(C)          An applicant shall be considered to have been trained in the provision of health services in psychology if the applicant establishes that requirements set forth in Parts (b)(4)(A) and (b)(4)(B) of this Rule have been met through a doctoral program, or formal postdoctoral program of re-specialization, in any one of the following areas of specialization in psychology: applied behavior analysis in psychology, applied developmental psychology, clinical psychology, counseling psychology, rehabilitation psychology, or school psychology.

(D)          An applicant who has completed a doctoral program that trains individuals for careers in administration, research, teaching, academia, and other areas not involving training in the provision of health services in psychology shall not be considered to have been provided an academic foundation in the provision of health services and shall not be approved for HSP-P certification.

(E)           Only that course work taken at an institution of higher education as defined in G.S. 90-270.136(5) shall be considered by the Board to establish that an applicant has an academic foundation in the provision of health services.

(d)  Except as provided in Paragraph (f) of this Rule, and in addition to the one year of supervised experience required by Paragraph (e) of this Rule, an applicant shall have one year of supervised experience as follows:

(1)           The training shall be a planned sequence of training experience in the provision of health services, in contrast to "on the job" training, and shall provide the trainee with a planned, programmed sequence of training experience.

(2)           The training site shall have a written statement or brochure that describes its training program and is made available to prospective trainees.

(3)           Trainees shall be designated as "interns," fellows," or "residents," or hold other designation which indicates training status.

(4)           The training shall be completed within 24 months.

(5)           The training shall consist of at least 1500 hours of practice.

(6)           At least 25% of the training shall be spent in the provision of direct health services to patients or clients seeking assessment or treatment.

(7)           Up to 25% of the training may be comprised of research activities.

(8)           A minimum of two doctorally trained licensed, certified, or license eligible psychologists shall be supervisors at the training site.

(9)           The training shall be under the direction of a licensed, certified, or license eligible doctorally trained psychologist who is on the staff of the training site, who approves and monitors the training, who is familiar with the training site's purposes and functions, and who agrees to assume responsibility for the quality, suitability, and implementation of the training experience.

(10)         The training shall provide a minimum of two hours per week of individual face-to-face discussion of the trainee's practice, with the intent of overseeing the health services rendered by the trainee. Supervision may be provided in part by psychiatrists, social workers, or other mental health professionals qualified by the training site, but at least 50 percent of supervision shall be provided by licensed, certified, or license-eligible doctorally trained psychologists.

(11)         In addition to individual supervision, the training site shall provide a minimum of two hours per week of instruction which may be met by group supervision, assigned reading, seminars, and similarly constituted organized training experiences.

(12)         This specified year of supervised experience may be obtained at a predoctoral level, provided that an additional year of supervised experience as defined in Paragraph (d) of this Rule is obtained at a post-doctoral level.

(13)         Internships accepted for listing in the National Register of Health Service Providers in Psychology and internships accredited by the American Psychological Association in Clinical Psychology, Counseling Psychology, or School Psychology shall be deemed to meet the requirements in this Paragraph.

(e)  An applicant shall demonstrate one year of supervised experience which meets the following requirements:

(1)           The experience shall consist of a minimum of one calendar year and include 1500 hours of supervised experience.

(2)           The experience shall be completed within a consecutive four-year period.

(3)           The supervision shall be for the direct provision of health services in psychology by the applicant to individuals or groups of clients/patients.

(4)           At least one hour per week of formal, face-to-face, individual supervision shall be provided.

(5)           The supervisor shall be a licensed or certified psychologist, whose license or certificate was in good standing, in the state where the practice occurred.

(6)           The supervisor, at the time of supervision, shall not be in a dual relationship with the supervisee, such as spouse, relative, friend, or therapist.

(7)           This specified year of supervised experience may be obtained at a predoctoral level, provided that an additional year of supervised experience as defined in Paragraph (c) of this Rule is obtained at a post-doctoral level.

(f)  An applicant who documents that he or she meets any one of the following criteria shall be deemed to meet all requirements of this Rule for certification as a health services provider psychologist (HSP-P):

(1)           is currently approved for listing, or is currently listed, in the National Register of Health Service Providers in Psychology;

(2)           is a diplomate in good standing of the American Board of Professional Psychology in Clinical Psychology, Counseling Psychology, or School Psychology;

(3)           is a graduate from a doctoral program which was accredited at the time of the applicant's graduation by the American Psychological Association in Clinical Psychology, Counseling Psychology, School Psychology, or Combined Professional-Scientific Psychology and which included an internship accredited by the American Psychological Association, and who completes a postdoctoral year of supervised experience as defined in either Paragraph(d) or (e) of this Rule;

(4)           is a graduate from a doctoral program which was fully accredited at the time of the applicant's graduation by the American Psychological Association in School Psychology and which included an internship meeting the guidelines of the Council of Directors of School Psychology Programs as documented by the program chair, and who completes a postdoctoral year of supervised experience as defined in either Paragraph (d) or (e) of this Rule;

(5)           is a graduate who received a doctoral degree prior to 1979 from a program which included course work which demonstrates an academic foundation in the provision of health services as defined in Rule .2701(a) of this Section, and which included the equivalent of a one year supervised internship in an American Psychological Association accredited program providing health services, in a Veterans Administration setting providing health services, or at a site providing health services which was specifically acceptable to the applicant's doctoral training program, and who completes a postdoctoral year of supervised experience as defined in either Paragraph (c) or (d) of this Rule; or

(6)           is approved for licensure under senior psychologist requirements specified in 21 NCAC 54 .1707 and demonstrates that at least 25 percent of his or her qualifying practice has been in the provision of direct health services, as defined in Rule .2701(a) of this Section.

(g)  An applicant applying under Subparagraph (f)(1) of this Rule, and who has not yet been approved for listing in the National Register of Health Service Providers in Psychology, shall be permitted to file an affidavit verifying that he or she qualifies for listing in the Register. Upon receipt of this affidavit, the Board may issue a health services provider certificate, conditioned upon receipt of a letter from the Register within 60 days of receipt of the affidavit which confirms approval for, or listing in, the Register. An extension of the 60 days may be granted upon showing that additional time is needed for application review by the National Register of Health Service Providers.

(h)  An applicant for health services provider certification who knowingly provides false or fraudulent information to the Board with respect to his or her application, shall be subject to disciplinary action by the Board, pursuant to G.S. 90-270.148, including revocation of licensure and the health services provider certificate.

 

History Note:        Authority G.S. 90-270.143; 90-270.146(a)(6),(c); 90-270.148(a)(3); 90-270.148(a)(22); 90-270.153(b);

Temporary Adoption Eff. December 19, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

RRC Objection due to lack of statutory authority Eff. May 18, 1995;

Eff. June 21, 1995;

Amended Eff. August 1, 2000; August 1, 1996; January 1, 1996;

Readopted Eff. April 1, 2020;

Amended Eff. August 1, 2021.

 

21 NCAC 54 .2705             HSP-PP REQUIREMENTS

(a)  To be certified as a health services provider psychologist provisional (HSP-PP), a licensed psychologist holding provisional North Carolina licensure shall be qualified by education. An applicant shall submit a completed, notarized application form and provide documentation of meeting health services provider requirements.

(b)  The application form shall include the following information:

(1)           applicant's name;

(2)           mailing address;

(3)           email address;

(4)           telephone number;

(5)           license number; and

(6)           health services provider certification level.

(c)  An applicant shall demonstrate that he or she is qualified by education to provide health services by meeting one of the criteria defined in Rule .2704(b) of this Section.

 

History Note:        Authority G.S. 90-270.143; 90-270.153(d);

Temporary Adoption Eff. December 19, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

RRC Objection due to lack of statutory authority Eff. May 18, 1995;

Eff. June 21, 1995;

Amended Eff. January 1, 1996;

Readopted Eff. April 1, 2020.

 

21 NCAC 54 .2706             HSP-PA REQUIREMENTS

(a)  To be certified as a health services provider psychological associate (HSP-PA), a North Carolina licensed psychological associate shall be qualified by education as set forth in Paragraph (b) of this Rule, and submit a completed, notarized application form. The application form shall include the following information:

(1)           applicant's name;

(2)           mailing address;

(3)           email address;

(4)           telephone number;

(5)           license number; and

(6)           health services provider certification level.

(b)  An applicant shall demonstrate that he or she holds a master's, specialist, or doctoral degree which provides an academic foundation in the provision of health services by meeting the following requirements:

(1)           The master's, specialist, or doctoral program in psychology shall train individuals to provide health services in psychology.

(2)           Course work shall be completed in the areas of assessment, diagnosis, intervention, psychopathology, evaluation, treatment, remediation, or prevention of one or more of the following areas:

(A)          mental, emotional, and behavioral disorder, disability, and illness;

(B)          substance abuse;

(C)          habit and conduct disorder; or

(D)          psychological aspects of physical illness, accident, injury, and disability.

(3)           An applicant shall be considered to have been trained in the provision of health services in psychology if the applicant establishes that requirements set forth in Subparagraphs (b)(1) and (b)(2) of this Rule have been met through a master's, specialist, or doctoral degree program in psychology in any one of the following areas of specialization in psychology: applied behavior analysis in psychology, applied developmental psychology, clinical psychology, counseling psychology, rehabilitation psychology, school psychology, health psychology, or substance abuse treatment psychology.

(4)           If the applicant is unable to establish that he or she has a master's, specialist, or doctoral degree from a program in psychology that provides training in the provision of health services, the applicant shall not be eligible for HSP-PA certification. This shall apply even if the applicant establishes that course work in the areas listed in Subparagraph (b)(2) of this Rule was completed or if the applicant has completed an applied training experience (i.e., practicum, internship, residency, postdoctoral fellowship, etc.) in the provision of health services without having completed a planned and directed training program in health services in psychology.

(5)           An applicant who has completed a program in psychology that establishes in institutional publications an intent to train individuals for careers in administration, research, teaching, academia, and other areas not involving training in the provision of health services in psychology shall not be considered to have been provided an academic foundation in the provision of health services and shall not be approved for HSP-PA certification.

(6)           Only course work taken at an institution of higher education as defined in G.S. 90-270.136(5) shall be considered by the Board to establish that an applicant has an academic foundation in the provision of health services.

(7)           Applicants for HSP-PA shall document that their degree program included an internship, externship, practicum, or supervised field experience at a site providing health services. This supervised training experience shall meet all of the following criteria:

(A)          It shall be a planned sequence of training experience, in contrast to on-the-job training, and shall be integrated with the educational program in which the student is enrolled. This supervised training experience shall be planned by the educational program faculty and training site staff rather than by the student.

(B)          The supervised training experience shall have a written description detailing the program of training, or a written agreement, developed prior to the time of the training, between the student's educational program and the training site. Such an agreement shall be approved by the student's educational program prior to the beginning of the supervised training experience.

(C)          The supervised training experience site shall have a designated and appropriately licensed or certified psychologist or psychological associate responsible for the integrity and quality of the supervised training experience.

(D)          A student enrolled in a supervised training experience shall be designated as any of the following: an "intern," "extern," or "practicum student," or shall hold a title which indicates training status for the practice of psychology and provision of health services.

(E)           The supervised training experience shall be a minimum of 12 weeks consisting of at least 500 hours of supervised training. At least 400 hours of the training shall be in the provision of health services as defined by G.S. 90-270.136(4) and Rule .2701(a) of this Section.

(F)           The supervised training experience shall be completed within a period of 12 consecutive months at not more than two training sites.

(G)          Except as provided in Part (b)(7)(H) of this Rule, regularly scheduled individual face-to-face supervision with the specific intent of overseeing the provision of health services shall be provided by a North Carolina licensed or certified psychologist or psychological associate or by a psychologist who is exempt from licensure, pursuant to G.S. 90-270.138(b), at a rate of not less than one hour per week during at least 12 separate weeks of the supervised training experience. The supervisor shall establish and maintain a level of supervisory contact consistent with professional standards and shall be accessible to the student.

(H)          If completing a supervised training experience outside of North Carolina, the student shall be provided regularly scheduled individual face-to-face supervision with the specific intent of overseeing the provision of health services by a licensed or certified psychologist or psychological associate or by an individual holding a master's, specialist, or doctoral degree in psychology, at a rate of not less than one hour per week during at least 12 separate weeks of the supervised training experience. The supervisor shall establish and maintain a level of supervisory contact consistent with professional standards and shall be accessible to the student. Proof of the supervisor's license or degree program, as applicable, may be required by the Board to establish the supervisor's training in psychology.

(c)  An applicant who is approved for licensure as a Psychological Associate under senior psychologist requirements specified in 21 NCAC 54 .1707 and demonstrates that at least 25 percent of his or her qualifying practice has been in the provision of direct health services, as defined in Rule .2701(a) of this Section, shall be deemed to meet all requirements of this Rule for certification as a health services provider psychological associate (HSP-PA).

 

History Note:        Authority G.S. 90-270.143; 90-270.146(c); 90-270.153(c);

Temporary Adoption Eff. December 19, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

RRC Objection due to lack of statutory authority Eff. May 18, 1995;

Eff. June 21, 1995;

Amended Eff. March 1, 2008; August 1, 2000; August 1, 1996;

Readopted Eff. April 1, 2020;

Amended Eff. August 1, 2021.

SECTION .2800 - ANCILLARY SERVICES

 

21 NCAC 54 .2801             SCOPE

(a)  Any psychologist employing or supervising unlicensed individuals performing ancillary services shall maintain professional responsibility for the quality of the services rendered and for the effects of the services upon the client, patient, or other individuals. The psychologist shall have face-to-face contact during the course of services with all patients, clients, or other recipients of services who are provided ancillary services by unlicensed persons as part of the psychologist's services.

(b)  Ancillary services shall be considered to be only those activities that an individual shall engage in for the purpose of providing assistance to a psychologist in providing psychological services to patients, clients, and their families, as set forth in Rule .2805 of this Section. Not included as ancillary services are those clerical and administrative services which are not directly related to assisting a psychologist in the provision of psychological services.

(c)  Failure of any psychologist to train ancillary services personnel, to ensure that training has occurred, or to supervise ancillary services personnel shall subject that psychologist to disciplinary action pursuant to G.S. 90-270.148(a).

 

History Note:        Authority G.S. 90-270.143; 90-270.154;

Eff. April 1, 2003;

Readopted Eff. April 1, 2020;

Amended Eff. August 1, 2021.

 

21 NCAC 54 .2802             TITLES

Titles of individuals providing ancillary services shall not indicate either that these individuals are licensed or trained in psychology or that the individuals are providing services defined as the practice of psychology in G.S. 90-270.136(8). Unlicensed individuals providing ancillary services shall not use any title incorporating the words "assessment," "associate," "clinical," "counseling," "diagnostic," "evaluation," "examiner," "psychologic," "psychological," "psychologist," "psychology," or derivatives of such. Examples of titles that unlicensed individuals may use include "aide," "assistant," "behavioral," "testing," "technician," "psychometrist," or derivatives of these titles.

 

History Note:        Authority G.S. 90-270.143; 90-270.154;

Eff. April 1, 2003;

Readopted Eff. April 1, 2020;

Amended Eff. August 1, 2021.

 

21 NCAC 54 .2803             EMPLOYMENT AND SUPERVISION OF UNLICENSED INDIVIDUALS

(a)  Any psychologist who employs or supervises unlicensed individuals who provide ancillary services as specified in Rule .2801 of this Section shall maintain documentation of the relationship between the psychologist and the unlicensed individual beginning with the date employment began. The psychologist shall maintain documentation of the relationship with the unlicensed individual for a minimum of seven years after the termination of the relationship and shall present the documentation to the Board upon written request.

(b)  If the unlicensed individual is supervised by more than one psychologist, there shall be a psychologist appointed to have primary responsibility for the coordination of and provision of ancillary services by the unlicensed individual. The appointed psychologist shall have responsibility for clinical record keeping with regard to the ancillary services provided by the unlicensed individual. Any psychologist supervising or employing persons who provide ancillary services shall not submit records regarding ancillary services personnel to the Board unless ordered to do so pursuant to G.S. 90-270.143.

(c)  The psychologist shall be competent to render all ancillary services specified in Rule .2801 of this Section that the employee or supervisee shall render. Supervision may be delegated to other psychologists affiliated with the employment setting whose competence in the delegated areas has been demonstrated by previous education, training, and experience.

(d)  Any psychologist who employs or supervises individuals to provide ancillary services shall be accessible at all times, either on-site or through electronic communication, and shall be available to render assistance when needed to the unlicensed individual and patient or client, or shall have arranged for another psychologist to be accessible and available in the absence of the supervising psychologist. Psychologists shall meet with all unlicensed individuals whom they supervise to the extent necessary to provide supervision for the activities in which the unlicensed individual is engaged. The psychologist shall maintain documentation of supervisory sessions, including dates, appointment times, and length of time of each supervision session, for a period of at least seven years following the termination of ancillary services by ancillary services personnel.

 

History Note:        Authority G.S. 90-270.143; 90-270.154;

Eff. April 1, 2003;

Readopted Eff. April 1, 2020;

Amended Eff. August 1, 2021.

 

21 NCAC 54 .2804             QUALIFICATIONS AND TRAINING

(a)  Prior to the provision of ancillary services by an unlicensed individual, the psychologist supervising or employing the individual shall provide training in and establish that the individual has knowledge and understanding of legal and ethical requirements for maintaining confidentiality, exceptions to confidentiality, including mandated reporting of suspected abuse or neglect, and professional ethics. The licensed psychologist shall maintain documentation that the individual is trained in the aforementioned areas. Documentation of training shall include the date(s) on which training occurred, the purpose of the training, the identity of the individual(s) providing the training, and the total number of hours of training for each date on which the training occurred. Training in professional ethics shall include the Code of Conduct set forth in G.S. 90-270.148(a).

(b)  The psychologist shall maintain documentation of the employee's or supervisee's training for at least seven years following the termination of ancillary services by ancillary services personnel.

(c)  A psychologist shall not employ or supervise individuals to provide ancillary services who have previously been licensed or certified to practice psychology who have relinquished their licenses or certification or who have had their licenses or certification restricted, suspended, or revoked by the Board in North Carolina or any other jurisdiction.

 

History Note:        Authority G.S. 90-270.143; 90-270.154;

Eff. April 1, 2003;

Readopted Eff. April 1, 2020;

Amended Eff. August 1, 2021.

 

21 NCAC 54 .2805             SERVICES APPROPRIATE FOR ANCILLARY SERVICES PERSONNEL

(a)  When a psychologist employs or supervises an unlicensed individual that provides only clerical functions, such as responding to telephone inquiries, scheduling appointments, filing insurance claims, typing psychological reports, and completing data entry of test results after a patient or client has responded to such items as questionnaires and forms, the licensed psychologist shall be exempt from the requirements of Rule .2803 of this Section as to these unlicensed individuals.

(b)  Tasks requiring technical skills, training and judgment during execution are appropriate activities in which unlicensed individuals may engage. Examples of these activities include obtaining demographic histories; implementing biofeedback techniques; administering and scoring specific parts of psychological tests, including neuropsychological tests, which are scored on a pass/fail, multiple choice, or true/false basis, or for which scores are based on speed or quantity of performance; administering intelligence tests and other psychological tests to an individual in which the patient or client's performance may alter the length of the protocol, require adjustment of the number of items administered, or require that a decision be made to probe a response of the patient or client provided that ancillary services personnel have been deemed by the licensee to have met the training requirements of the test publisher; and implementing specific behavioral interventions that are part of a treatment plan.

(c)  A dated entry shall be made in the patient or client's records at any time that an ancillary service is provided at the request or direction of the licensee. This entry shall include all ancillary services provided and billed to a third party or paid by the patient or client to the licensee and all ancillary services for which there is no charge. Unlicensed individuals providing ancillary services who make clinical record entries regarding services they provide shall sign such entries and indicate their titles under Rule .2802 of this Section as providers of ancillary services. The psychologist shall ensure that case notes, financial statements, and other records of services identify whether the psychologist or the unlicensed individual was the direct provider of the service.

 

History Note:        Authority G.S. 90-270.143; 90-270.154;

Eff. April 1, 2003;

Readopted Eff. April 1, 2020.

 

21 NCAC 54 .2806             SERVICES NOT APPROPRIATE FOR UNLICENSED INDIVIDUALS

Individuals providing ancillary services shall not engage in the administration of projective techniques; psychological evaluation report writing; and all forms of diagnostic interviewing, counseling, and psychotherapy. Psychological test results shall not be interpreted by ancillary services personnel to recipients of services or their designated representative(s).

 

History Note:        Authority G.S. 90-270.143; 90-270.154;

Eff. April 1, 2003;

Readopted Eff. April 1, 2020.