CHAPTER 1. REGULATION OF PSYCHOLOGISTS; CREATION OF BOARD
IC 25-33
ARTICLE 33. PSYCHOLOGISTS
IC 25-33-1
Chapter 1. Regulation of Psychologists; Creation of Board
IC 25-33-1-1
Repealed
(Repealed by P.L.140-1993, SEC.20.)
IC 25-33-1-1.1
Exempt persons
Sec. 1.1. (a) Subject to subsection (b), this article exempts aperson who does not profess to be a psychologist and who is:
(1) a licensed marriage and family therapist;
(2) a licensed social worker or a licensed clinical social worker;
(3) a licensed mental health counselor;
(4) a minister, priest, rabbi, or other member of the clergyproviding pastoral counseling or other assistance;
(5) a licensed or certified health care professional;
(6) a licensed attorney;
(7) a student, an intern, or a trainee pursuing a course of studyin psychology in an accredited postsecondary educationalinstitution or training institution if the psychology activities areperformed under qualified supervision and constitute a part ofthe person's supervised course of study or other level ofsupervision as determined by the board;
(8) an employee of or a volunteer for a nonprofit corporation oran organization performing charitable, religious, or educationalfunctions, providing pastoral counseling or other assistance; or
(9) any other certified or licensed professional.
(b) To be exempt under this article, a person described undersubsection (a)(1), (a)(2), (a)(3), (a)(5), (a)(6), (a)(7) or (a)(9) mustprovide services:
(1) within the scope of the person's practice, license, education,and training; and
(2) according to any applicable ethical standards of the person'sprofession.
As added by P.L.140-1993, SEC.7. Amended by P.L.184-1997,SEC.1; P.L.2-2007, SEC.343; P.L.197-2007, SEC.87.
IC 25-33-1-2
Definitions
Sec. 2. (a) As used in this article:
"Appraisal instrument" means:
(1) a career and occupational instrument;
(2) an adaptive behavioral and symptom screening checklist; or
(3) an inventory of interests and preferences;
that is administered for the purpose of counseling individuals to copewith or adapt to changing life situations or to situations that are due
to problems in living. The term includes marital, relational,communicational, parent and child, family system assessmentinstruments, and employment counseling.
"Board" means the state psychology board.
"Person" means an individual, firm, partnership, association, orcorporation.
"Practice of psychology" includes the following:
(1) Construction, administration, and interpretation of tests ofintellectual and cognitive abilities, aptitudes, skills, interests,attitudes, personality characteristics, perception, emotion,motivation, and opinion.
(2) Diagnosis and treatment of mental and behavioral disordersby a health service provider in psychology.
(3) Educational and vocational planning and guidance.
(4) Personnel selection and management.
(5) Arrangement of effective work and learning situations.
(6) Resolution of interpersonal and social conflicts.
(7) Techniques used in interviewing, counseling,psychotherapy, and behavior modification of individuals orgroups.
(8) Supervision of psychological services.
(9) Teaching of any of the practices listed in this subsection.
(10) The planning and conduct of research on human behavior.
"Psychological services" means acts or behaviors coming withinthe purview of the practice of psychology (as defined in this article).
"Recognized postsecondary educational institution" means anycollege, university, school, or similar educational establishmentapproved by the board for the purposes of this article.
"Agency" means the Indiana professional licensing agency underIC 25-1-5.
"Approved organization" means any organization or individualapproved by the board.
"Continuing education course" means an orderly process ofinstruction that is designed to directly enhance the practicingpsychologist's knowledge and skill in providing relevantpsychological services, and that is approved by an approvedorganization.
(b) Nothing in this article shall be construed as permittingindividuals licensed as psychologists to engage in any manner in thepractice of medicine or optometry (as defined in the laws of thisstate).
(c) Nothing in this article shall be construed as permitting apsychologist to prescribe medication, unless a psychologist isparticipating in a federal government sponsored training or treatmentprogram. An individual licensed as a psychologist may not prescribemedication unless the individual is a practitioner (as defined underIC 16-42-19-5).
(Formerly: Acts 1969, c.416, s.2.) As amended by Acts 1981,P.L.222, SEC.243; P.L.249-1985, SEC.1; P.L.169-1985, SEC.95;P.L.149-1987, SEC.94; P.L.140-1993, SEC.8; P.L.184-1997, SEC.2;
P.L.1-2006, SEC.477; P.L.2-2007, SEC.344.
IC 25-33-1-3
Creation of board; powers and duties; expenses
Sec. 3. (a) There is created a board to be known as the "statepsychology board". The board shall consist of seven (7) membersappointed by the governor. Six (6) of the board members shall belicensed under this article and shall have had at least five (5) yearsof experience as a professional psychologist prior to theirappointment. The seventh member shall be appointed to represent thegeneral public, must be a resident of this state, must never have beencredentialed in a mental health profession, and must in no way beassociated with the profession of psychology other than as aconsumer. All members shall be appointed for a term of three (3)years. All members may serve until their successors are dulyappointed and qualified. A vacancy occurring on the board shall befilled by the governor by appointment. The member so appointedshall serve for the unexpired term of the vacating member. Eachmember of the board is entitled to the minimum salary per diemprovided by IC 4-10-11-2.1(b). Such a member is also entitled toreimbursement for traveling expenses and other expenses actuallyincurred in connection with the member's duties, as provided in thestate travel policies and procedures established by the Indianadepartment of administration and approved by the state budgetagency.
(b) The members of the board shall organize by the election of achairman and a vice chairman from among its membership. Suchofficers shall serve for a term of one (1) year. The board shall meetat least once in each calendar year and on such other occasions as itconsiders necessary and advisable. A meeting of the board may becalled by its chairman or by a majority of the members on the board.Four (4) members of the board constitute a quorum. A majority ofthe quorum may transact business.
(c) The board is empowered to do the following:
(1) Establish reasonable application, examination, and renewalprocedures and set fees for licensure under this article.However, no fee collected under this article shall, under anycircumstances, be refunded.
(2) Adopt and enforce rules concerning assessment of costs indisciplinary proceedings before the board.
(3) Establish examinations of applicants for licensure under thisarticle and issue, deny, suspend, revoke, and renew licenses.
(4) Subject to IC 25-1-7, investigate and conduct hearings, uponcomplaint against individuals licensed or not licensed under thisarticle, concerning alleged violation of this article, underprocedures conducted in accordance with IC 4-21.5.
(5) Initiate the prosecution and enjoinder of any personviolating this article.
(6) Adopt rules which are necessary for the proper performanceof its duties, in accordance with IC 4-22-2. (7) Establish a code of professional conduct.
(d) The board shall adopt rules establishing standards for thecompetent practice of psychology.
(e) All expenses incurred in the administration of this article shallbe paid from the general fund upon appropriation being made in themanner provided by law for the making of such appropriations.
(f) The bureau shall do the following:
(1) Carry out the administrative functions of the board.
(2) Provide necessary personnel to carry out the duties of thisarticle.
(3) Receive and account for all fees required under this article.
(4) Deposit fees collected with the treasurer of state for depositin the state general fund.
(g) This section may not be interpreted to prevent a licensed orcertified health care professional from practicing within the scope ofthe health care professional's:
(1) license or certification; and
(2) training or credentials.
(Formerly: Acts 1969, c.416, s.3.) As amended by Acts 1976,P.L.119, SEC.26; Acts 1977, P.L.172, SEC.49; Acts 1979, P.L.17,SEC.50; Acts 1981, P.L.222, SEC.244; P.L.249-1985, SEC.2;P.L.149-1987, SEC.95; P.L.140-1993, SEC.9; P.L.184-1997, SEC.3;P.L.1-2005, SEC.196; P.L.246-2005, SEC.211; P.L.1-2006,SEC.478; P.L.197-2007, SEC.88.
IC 25-33-1-4
Application for license
Sec. 4. (a) Application for a license issued under this article shallbe made to the board on such form and in such manner as the boardshall prescribe. The applicant shall furnish satisfactory evidence ofqualifications that are required under this article or by the board.Each applicant shall be notified in writing of the board's decisionconcerning the applicant's application within thirty (30) days after adecision has been reached.
(b) Upon approval by the board of an applicant's application forexamination, a temporary license shall be issued by the board andshall be in force until the board has notified the applicant of theapplicant's examination results. If an applicant fails to take the nextscheduled examination, the applicant's temporary license is revokedwithout further action by the board. A temporary license may beissued only for an applicant's first application.
(c) The board may adopt rules under section 3 of this chapterestablishing additional requirements for any applicant who has failedthe examination three (3) or more times.
(Formerly: Acts 1969, c.416, s.4.) As amended by P.L.249-1985,SEC.3; P.L.149-1987, SEC.96; P.L.140-1993, SEC.10.
IC 25-33-1-4.5
Limited scope temporary psychology permit
Sec. 4.5. (a) A person who: (1) is licensed to practice psychology by any board or licensingagency of another state or jurisdiction; and
(2) meets the requirements established by the board;
may be issued a temporary psychology permit limited by terms andconditions considered appropriate by the board. A limited scopetemporary psychology permit issued under this subsection is valid fora nonrenewable period of not more than thirty (30) days. Apsychologist may practice under a limited scope psychology permitnot more than thirty (30) days every two (2) years.
(b) The board may adopt rules under section 3 of this chapterestablishing requirements for limited scope temporary psychologypermits.
(c) An individual who holds a limited scope temporarypsychology permit under this section may be disciplined by the boardunder IC 25-1-9.
As added by P.L.157-2006, SEC.69.
IC 25-33-1-5
Repealed
(Repealed by P.L.249-1985, SEC.18.)
IC 25-33-1-5.1
Issuance of license; endorsement as health service provider inpsychology; preceptorship program
Sec. 5.1. (a) Except as provided in section 5.3 of this chapter, theboard shall issue a license to an individual who meets the followingrequirements:
(1) Applies to the board in the form and manner prescribed bythe board under section 3 of this chapter.
(2) Is at least eighteen (18) years of age.
(3) Has not been convicted of a crime that has a direct bearingupon the applicant's ability to practice competently.
(4) Possesses a doctoral degree in psychology:
(A) granted from a recognized postsecondary educationalinstitution; and
(B) from a degree program approved by the board as apsychology program at the time the degree was conferred.
(5) Is not in violation of this chapter or rules adopted by theboard under section 3 of this chapter.
(6) Has paid the fee set by the board under section 3 of thischapter.
(7) Has passed the examination required and administered bythe board.
(b) If an applicant has been disciplined by a licensing agency inanother state or jurisdiction on the ground that the applicant wasunable to competently practice psychology, the applicant mustsubmit proof, satisfactory to the board, that the reasons fordisciplinary sanction by the other licensing agency are no longervalid.
(c) The board shall endorse as a health service provider in
psychology an individual who:
(1) has a doctoral degree in clinical psychology, counselingpsychology, school psychology, or another applied healthservice area of psychology;
(2) is licensed under this section, section 5.3, or section 9 of thischapter;
(3) has at least two (2) years of experience in a health servicesetting that includes:
(A) one (1) year of experience that was obtained in anorganized health service training program and at least one(1) year of experience that was obtained after the individualreceived the individual's doctoral degree in psychology; or
(B) upon the adoption by the board of a rule defining"sequential and organized", sequential and organizedsupervised professional experience in a health service settingin which one (1) year of experience was obtained in anorganized health service training program; and
(4) complies with the continuing education requirements underIC 25-33-2.
(d) An individual who received a doctoral degree in clinicalpsychology, counseling psychology, school psychology, or otherapplied health service area in psychology before September 1, 1983,may satisfy one (1) year of the two (2) year supervised health settingexperience requirement under subsection (c) by successfullycompleting a preceptorship program. The individual must apply inwriting to the board and the board must approve the program. Thepreceptorship program must:
(1) consist of at least one thousand eight hundred (1,800) hoursof clinical, counseling, or school psychology work experience;
(2) consist of at least one hundred (100) hours of directsupervision of the individual by a psychologist, at least fifty(50) hours of which must involve the diagnosis of mental andbehavioral disorders and at least fifty (50) hours of which mustinvolve the treatment of mental and behavioral disorders;
(3) be completed in a health service setting that providesservices in the diagnosis and treatment of mental and behavioraldisorders;
(4) be under the supervision of a psychologist who meets therequirements for endorsement under this section; and
(5) be completed within two (2) years after the date the programis started.
(e) If an individual applies to the board under subsection (d), theboard shall apply each hour of work experience the individualcompletes after applying to the board and before the board approvesthe preceptorship program to the one thousand eight hundred (1,800)hour work experience requirement under subsection (d)(1).
As added by P.L.249-1985, SEC.4. Amended by P.L.149-1987,SEC.97; P.L.152-1988, SEC.27; P.L.96-1990, SEC.16; P.L.33-1993,SEC.68; P.L.140-1993, SEC.11; P.L.1-1994, SEC.128; P.L.2-2007,SEC.345; P.L.177-2009, SEC.57.
IC 25-33-1-5.3
Issuance of license
Sec. 5.3. The board shall issue a license to an individual who:
(1) holds a limited license under section 18 of this chapter;
(2) applies to the board in the form and manner prescribed bythe board;
(3) pays a fee;
(4) passes an examination on the state or federal statutes, staterules, and federal regulations that the board determines by ruleto be relevant to the practice of psychology; and
(5) has practiced psychology continuously since September 1,1985.
As added by P.L.96-1990, SEC.17. Amended by P.L.140-1993,SEC.12.
IC 25-33-1-6
Repealed
(Repealed by P.L.249-1985, SEC.18.)
IC 25-33-1-7
Repealed
(Repealed by P.L.249-1985, SEC.18.)
IC 25-33-1-8
Repealed
(Repealed by P.L.249-1985, SEC.18.)
IC 25-33-1-9
Issuance of license by reciprocity; refusal to issue or issuance ofprobationary license; conditions
Sec. 9. (a) The board shall issue a license to practice psychologyto an individual who:
(1) applies in the manner required by the board;
(2) pays a fee;
(3) is at least eighteen (18) years of age;
(4) has not been convicted of a crime that has a direct bearingon the individual's ability to practice competently;
(5) holds, at the time of application, a valid license or certificateas a psychologist from another state;
(6) possesses a doctoral degree from a recognizedpostsecondary educational institution;
(7) has successfully completed:
(A) a degree program that would have been approved by theboard at the time the individual was licensed or certified inthe other state; or
(B) if the individual was licensed or certified in the otherstate before July 1, 1969, a degree program that satisfied theeducational requirements of the board in effect January 4,1971;
(8) has practiced psychology continuously since being licensed
or certified;
(9) if the individual was licensed or certified by the other state:
(A) after September 30, 1972, has taken the Examination forthe Professional Practice of Psychology and achieved thepassing score required by the board at the time theexamination was administered; or
(B) before January 1, 1990, and the other state required anexamination other than the Examination for the ProfessionalPractice of Psychology, and the individual achieved apassing score in the other state at the time of licensure orcertification;
(10) has passed an examination administered by the board thatcovers Indiana law related to the practice of psychology; and
(11) is not in violation of this chapter or rules adopted underthis chapter.
(b) The board may adopt rules under IC 4-22-2 concerning theissuance of a license under this section.
(Formerly: Acts 1969, c.416, s.9.) As amended by Acts 1982,P.L.154, SEC.113; P.L.249-1985, SEC.5; P.L.149-1987, SEC.98;P.L.152-1988, SEC.28; P.L.96-1990, SEC.18; P.L.33-1993, SEC.69;P.L.140-1993, SEC.13; P.L.1-1994, SEC.129; P.L.212-2005,SEC.62; P.L.2-2007, SEC.346.
IC 25-33-1-10
Renewal of license
Sec. 10. (a) A license issued under this article expires on the dateestablished by the licensing agency under IC 25-1-5-4. A renewal feeestablished by the board under section 3 of this chapter must be paidby an applicant for renewal before the license expires.
(b) If the holder of an expired license fails to renew the license onor before the renewal date, the license expires and becomes invalidwithout any further action by the board.
(c) A license that expires and becomes invalid under this sectionmay be renewed by the board not more than three (3) years after thedate of the expiration of the license if the applicant meets therequirements under IC 25-1-8-6(c).
(d) If a license has been invalidated under this section for morethan three (3) years, the holder of the license may have the licensereinstated by meeting the requirements for reinstatement underIC 25-1-8-6(d).
(e) The board may adopt rules establishing requirements forreinstatement of a license invalidated for more than three (3) yearsunder this section.
(f) An initial license issued under this article is valid for theremainder of the renewal period in effect on the date of issuance.
(g) The board may require a person who applies for a licenseunder subsection (d) to appear before the board and explain thereason the person failed to renew the person's license.
(Formerly: Acts 1969, c.416, s.10.) As amended by Acts 1982,P.L.154, SEC.114; P.L.249-1985, SEC.6; P.L.149-1987, SEC.99;
P.L.48-1991, SEC.62; P.L.140-1993, SEC.14; P.L.269-2001,SEC.28; P.L.105-2008, SEC.61.
IC 25-33-1-11
Repealed
(Repealed by P.L.249-1985, SEC.18.)
IC 25-33-1-12
Prohibition against practice beyond psychologist's professionalcompetence
Sec. 12. A psychologist shall not offer to render, or render,services which are beyond the scope of that psychologist'scompetence, as determined by training and experience. Thepsychologist who engages in the practice of psychology shall assisteach client in obtaining professional help for all relevant aspects ofthe client's problem that fall outside the boundaries of thepsychologist's own competence.
(Formerly: Acts 1969, c.416, s.12.) As amended by Acts 1982,P.L.154, SEC.116; P.L.249-1985, SEC.7.
IC 25-33-1-13
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-33-1-13.1
Repealed
(Repealed by P.L.152-1988, SEC.30.)
IC 25-33-1-14
Unlicensed practice prohibited
Sec. 14. (a) This section does not apply to an individual who is:
(1) a member of a teaching faculty, at a public or privatepostsecondary educational institution for the purpose ofteaching, research, or the exchange or dissemination ofinformation and ideas as an assigned duty of the institution;
(2) a commissioned psychology officer in the regular UnitedStates armed services;
(3) licensed by the department of education (established byIC 20-19-3-1) as a school psychologist and using the title"school psychologist" or "school psychometrist" as an employeeof a school corporation; or
(4) endorsed as an independent practice school psychologistunder IC 20-28-12.
(b) It is unlawful for an individual to:
(1) claim that the individual is a psychologist; or
(2) use any title which uses the word "psychologist", "clinicalpsychologist", "Indiana endorsed school psychologist", or"psychometrist", or any variant of these words, such as"psychology", or "psychological", or "psychologic";
unless that individual holds a valid license issued under this article
or a valid endorsement issued under IC 20-28-12.
(c) It is unlawful for any individual, regardless of title, to render,or offer to render, psychological services to individuals,organizations, or to the public, unless the individual holds a validlicense issued under this article or a valid endorsement issued underIC 20-28-12 or is exempted under section 1.1 of this chapter.
(d) This section may not be interpreted to prevent a licensed orcertified health care professional from practicing within the scope ofthe health care professional's:
(1) license or certification; and
(2) training or credentials.
(Formerly: Acts 1969, c.416, s.14.) As amended by Acts 1981,P.L.222, SEC.248; P.L.249-1985, SEC.9; P.L.149-1987, SEC.101;P.L.140-1993, SEC.15; P.L.153-1996, SEC.3; P.L.184-1997, SEC.4;P.L.1-2005, SEC.197; P.L.246-2005, SEC.212; P.L.2-2007,SEC.347; P.L.197-2007, SEC.89.
IC 25-33-1-15
Violations
Sec. 15. A person who violates section 14 of this chapter commitsa Class A misdemeanor.
(Formerly: Acts 1969, c.416, s.15.) As amended by Acts 1978, P.L.2,SEC.2556; P.L.249-1985, SEC.10.
IC 25-33-1-16
Injunctions; contempt; criminal prosecution
Sec. 16. The attorney general, the prosecuting attorney, the board,or any citizen of any county where any person shall be engaged in theviolation of this article, may, in accordance with the laws of the stateof Indiana governing injunctions, maintain an action in the name ofthe state of Indiana to enjoin such person from continuing inviolation of this article. Any person having been so enjoined whoshall violate such injunctions shall be punished for contempt ofcourt. An injunction issued under this section shall not relieve anysuch person from criminal prosecution thereof as provided for in thisarticle, but such remedy by injunction shall be in addition to anyremedy provided for the criminal prosecution of such offense.
(Formerly: Acts 1969, c.416, s.16.) As amended by Acts 1982,P.L.154, SEC.117; P.L.249-1985, SEC.11.
IC 25-33-1-17
Privileged communications; exceptions
Sec. 17. A psychologist licensed under this article may notdisclose any information acquired from persons with whom thepsychologist has dealt in a professional capacity, except under thefollowing circumstances:
(1) Trials for homicide when the disclosure relates directly tothe fact or immediate circumstances of said homicide.
(2) Proceedings the purpose of which is to determine mentalcompetency, or in which a defense of mental incompetency is
raised.
(3) Actions, civil or criminal, against a psychologist formalpractice.
(4) Upon an issue as to the validity of a document such as a willof a client.
(5) If the psychologist has the expressed consent of the client orsubject, or in the case of a client's death or disability, theexpress consent of the client's legal representative.
(6) Circumstances under which privileged communication isabrogated under the laws of Indiana.
(Formerly: Acts 1969, c.416, s.17.) As amended by Acts 1982,P.L.154, SEC.118; P.L.249-1985, SEC.12; P.L.140-1993, SEC.16.
IC 25-33-1-18
Issuance of limited license to holders of certificate under repealedsection; restrictions; discipline
Sec. 18. (a) The state psychology board shall issue a limitedlicense to practice psychology to any individual who held a basiccertificate under IC 25-33-1-5 before its repeal on June 30, 1985.
(b) The holder of a basic certificate issued under IC 25-33-1-5,before its repeal on June 30, 1985, may not render or offer to renderpsychological services to any person for a fee under circumstancesthat the limited license holder assumes full responsibility andliability for the conduct and conditions of the offered services.
(c) An individual who holds a limited license under this sectionmay be disciplined by the board under IC 25-1-9.
As added by P.L.149-1987, SEC.102. Amended by P.L.152-1988,SEC.29; P.L.140-1993, SEC.17.