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Repealed
(Repealed by P.L.140-1993, SEC.20.)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 a
person 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 clergy
providing 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 study
in psychology in an accredited postsecondary educational
institution or training institution if the psychology activities are
performed under qualified supervision and constitute a part of
the person's supervised course of study or other level of
supervision as determined by the board;
(8) an employee of or a volunteer for a nonprofit corporation or
an organization performing charitable, religious, or educational
functions, providing pastoral counseling or other assistance; or
(9) any other certified or licensed professional.
(b) To be exempt under this article, a person described under
subsection (a)(1), (a)(2), (a)(3), (a)(5), (a)(6), (a)(7) or (a)(9) must
provide 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's
profession. 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 cope
with 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 assessment
instruments, and employment counseling.
"Board" means the state psychology board.
"Person" means an individual, firm, partnership, association, or
corporation.
"Practice of psychology" includes the following:
(1) Construction, administration, and interpretation of tests of
intellectual and cognitive abilities, aptitudes, skills, interests,
attitudes, personality characteristics, perception, emotion,
motivation, and opinion.
(2) Diagnosis and treatment of mental and behavioral disorders
by 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 or
groups.
(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 within
the purview of the practice of psychology (as defined in this article).
"Recognized postsecondary educational institution" means any
college, university, school, or similar educational establishment
approved by the board for the purposes of this article.
"Agency" means the Indiana professional licensing agency under
IC 25-1-5.
"Approved organization" means any organization or individual
approved by the board.
"Continuing education course" means an orderly process of
instruction that is designed to directly enhance the practicing
psychologist's knowledge and skill in providing relevant
psychological services, and that is approved by an approved
organization.
(b) Nothing in this article shall be construed as permitting
individuals licensed as psychologists to engage in any manner in the
practice of medicine or optometry (as defined in the laws of this
state).
(c) Nothing in this article shall be construed as permitting a
psychologist to prescribe medication, unless a psychologist is
participating in a federal government sponsored training or treatment
program. An individual licensed as a psychologist may not prescribe
medication unless the individual is a practitioner (as defined under
IC 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 "state
psychology board". The board shall consist of seven (7) members
appointed by the governor. Six (6) of the board members shall be
licensed under this article and shall have had at least five (5) years
of experience as a professional psychologist prior to their
appointment. The seventh member shall be appointed to represent the
general public, must be a resident of this state, must never have been
credentialed in a mental health profession, and must in no way be
associated with the profession of psychology other than as a
consumer. All members shall be appointed for a term of three (3)
years. All members may serve until their successors are duly
appointed and qualified. A vacancy occurring on the board shall be
filled by the governor by appointment. The member so appointed
shall serve for the unexpired term of the vacating member. Each
member of the board is entitled to the minimum salary per diem
provided by IC 4-10-11-2.1(b). Such a member is also entitled to
reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the Indiana
department of administration and approved by the state budget
agency.
(b) The members of the board shall organize by the election of a
chairman and a vice chairman from among its membership. Such
officers shall serve for a term of one (1) year. The board shall meet
at least once in each calendar year and on such other occasions as it
considers necessary and advisable. A meeting of the board may be
called by its chairman or by a majority of the members on the board.
Four (4) members of the board constitute a quorum. A majority of
the quorum may transact business.
(c) The board is empowered to do the following:
(1) Establish reasonable application, examination, and renewal
procedures and set fees for licensure under this article.
However, no fee collected under this article shall, under any
circumstances, be refunded.
(2) Adopt and enforce rules concerning assessment of costs in
disciplinary proceedings before the board.
(3) Establish examinations of applicants for licensure under this
article and issue, deny, suspend, revoke, and renew licenses.
(4) Subject to IC 25-1-7, investigate and conduct hearings, upon
complaint against individuals licensed or not licensed under this
article, concerning alleged violation of this article, under
procedures conducted in accordance with IC 4-21.5.
(5) Initiate the prosecution and enjoinder of any person
violating this article.
(6) Adopt rules which are necessary for the proper performance
of 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 the
competent practice of psychology.
(e) All expenses incurred in the administration of this article shall
be paid from the general fund upon appropriation being made in the
manner 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 this
article.
(3) Receive and account for all fees required under this article.
(4) Deposit fees collected with the treasurer of state for deposit
in the state general fund.
(g) This section may not be interpreted to prevent a licensed or
certified health care professional from practicing within the scope of
the 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 shall
be made to the board on such form and in such manner as the board
shall prescribe. The applicant shall furnish satisfactory evidence of
qualifications that are required under this article or by the board.
Each applicant shall be notified in writing of the board's decision
concerning the applicant's application within thirty (30) days after a
decision has been reached.
(b) Upon approval by the board of an applicant's application for
examination, a temporary license shall be issued by the board and
shall be in force until the board has notified the applicant of the
applicant's examination results. If an applicant fails to take the next
scheduled examination, the applicant's temporary license is revoked
without further action by the board. A temporary license may be
issued only for an applicant's first application.
(c) The board may adopt rules under section 3 of this chapter
establishing additional requirements for any applicant who has failed
the 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 licensing
agency of another state or jurisdiction; and
(2) meets the requirements established by the board;
may be issued a temporary psychology permit limited by terms and
conditions considered appropriate by the board. A limited scope
temporary psychology permit issued under this subsection is valid for
a nonrenewable period of not more than thirty (30) days. A
psychologist may practice under a limited scope psychology permit
not more than thirty (30) days every two (2) years.
(b) The board may adopt rules under section 3 of this chapter
establishing requirements for limited scope temporary psychology
permits.
(c) An individual who holds a limited scope temporary
psychology permit under this section may be disciplined by the board
under 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 in
psychology; preceptorship program
Sec. 5.1. (a) Except as provided in section 5.3 of this chapter, the
board shall issue a license to an individual who meets the following
requirements:
(1) Applies to the board in the form and manner prescribed by
the 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 bearing
upon the applicant's ability to practice competently.
(4) Possesses a doctoral degree in psychology:
(A) granted from a recognized postsecondary educational
institution; and
(B) from a degree program approved by the board as a
psychology program at the time the degree was conferred.
(5) Is not in violation of this chapter or rules adopted by the
board under section 3 of this chapter.
(6) Has paid the fee set by the board under section 3 of this
chapter.
(7) Has passed the examination required and administered by
the board.
(b) If an applicant has been disciplined by a licensing agency in
another state or jurisdiction on the ground that the applicant was
unable to competently practice psychology, the applicant must
submit proof, satisfactory to the board, that the reasons for
disciplinary sanction by the other licensing agency are no longer
valid.
(c) The board shall endorse as a health service provider in
psychology an individual who:
(1) has a doctoral degree in clinical psychology, counseling
psychology, school psychology, or another applied health
service area of psychology;
(2) is licensed under this section, section 5.3, or section 9 of this
chapter;
(3) has at least two (2) years of experience in a health service
setting that includes:
(A) one (1) year of experience that was obtained in an
organized health service training program and at least one
(1) year of experience that was obtained after the individual
received the individual's doctoral degree in psychology; or
(B) upon the adoption by the board of a rule defining
"sequential and organized", sequential and organized
supervised professional experience in a health service setting
in which one (1) year of experience was obtained in an
organized health service training program; and
(4) complies with the continuing education requirements under
IC 25-33-2.
(d) An individual who received a doctoral degree in clinical
psychology, counseling psychology, school psychology, or other
applied health service area in psychology before September 1, 1983,
may satisfy one (1) year of the two (2) year supervised health setting
experience requirement under subsection (c) by successfully
completing a preceptorship program. The individual must apply in
writing to the board and the board must approve the program. The
preceptorship program must:
(1) consist of at least one thousand eight hundred (1,800) hours
of clinical, counseling, or school psychology work experience;
(2) consist of at least one hundred (100) hours of direct
supervision of the individual by a psychologist, at least fifty
(50) hours of which must involve the diagnosis of mental and
behavioral disorders and at least fifty (50) hours of which must
involve the treatment of mental and behavioral disorders;
(3) be completed in a health service setting that provides
services in the diagnosis and treatment of mental and behavioral
disorders;
(4) be under the supervision of a psychologist who meets the
requirements for endorsement under this section; and
(5) be completed within two (2) years after the date the program
is started.
(e) If an individual applies to the board under subsection (d), the
board shall apply each hour of work experience the individual
completes after applying to the board and before the board approves
the 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 by
the board;
(3) pays a fee;
(4) passes an examination on the state or federal statutes, state
rules, and federal regulations that the board determines by rule
to 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 of
probationary license; conditions
Sec. 9. (a) The board shall issue a license to practice psychology
to 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 bearing
on the individual's ability to practice competently;
(5) holds, at the time of application, a valid license or certificate
as a psychologist from another state;
(6) possesses a doctoral degree from a recognized
postsecondary educational institution;
(7) has successfully completed:
(A) a degree program that would have been approved by the
board at the time the individual was licensed or certified in
the other state; or
(B) if the individual was licensed or certified in the other
state before July 1, 1969, a degree program that satisfied the
educational 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 for
the Professional Practice of Psychology and achieved the
passing score required by the board at the time the
examination was administered; or
(B) before January 1, 1990, and the other state required an
examination other than the Examination for the Professional
Practice of Psychology, and the individual achieved a
passing score in the other state at the time of licensure or
certification;
(10) has passed an examination administered by the board that
covers Indiana law related to the practice of psychology; and
(11) is not in violation of this chapter or rules adopted under
this chapter.
(b) The board may adopt rules under IC 4-22-2 concerning the
issuance 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 date
established by the licensing agency under IC 25-1-5-4. A renewal fee
established by the board under section 3 of this chapter must be paid
by an applicant for renewal before the license expires.
(b) If the holder of an expired license fails to renew the license on
or before the renewal date, the license expires and becomes invalid
without any further action by the board.
(c) A license that expires and becomes invalid under this section
may be renewed by the board not more than three (3) years after the
date of the expiration of the license if the applicant meets the
requirements under IC 25-1-8-6(c).
(d) If a license has been invalidated under this section for more
than three (3) years, the holder of the license may have the license
reinstated by meeting the requirements for reinstatement under
IC 25-1-8-6(d).
(e) The board may adopt rules establishing requirements for
reinstatement of a license invalidated for more than three (3) years
under this section.
(f) An initial license issued under this article is valid for the
remainder of the renewal period in effect on the date of issuance.
(g) The board may require a person who applies for a license
under subsection (d) to appear before the board and explain the
reason 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;
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 professional
competence
Sec. 12. A psychologist shall not offer to render, or render,
services which are beyond the scope of that psychologist's
competence, as determined by training and experience. The
psychologist who engages in the practice of psychology shall assist
each client in obtaining professional help for all relevant aspects of
the client's problem that fall outside the boundaries of the
psychologist'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 private
postsecondary educational institution for the purpose of
teaching, research, or the exchange or dissemination of
information and ideas as an assigned duty of the institution;
(2) a commissioned psychology officer in the regular United
States armed services;
(3) licensed by the department of education (established by
IC 20-19-3-1) as a school psychologist and using the title
"school psychologist" or "school psychometrist" as an employee
of a school corporation; or
(4) endorsed as an independent practice school psychologist
under 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", "clinical
psychologist", "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 valid
license issued under this article or a valid endorsement issued under
IC 20-28-12 or is exempted under section 1.1 of this chapter.
(d) This section may not be interpreted to prevent a licensed or
certified health care professional from practicing within the scope of
the 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 commits
a 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 the
violation of this article, may, in accordance with the laws of the state
of Indiana governing injunctions, maintain an action in the name of
the state of Indiana to enjoin such person from continuing in
violation of this article. Any person having been so enjoined who
shall violate such injunctions shall be punished for contempt of
court. An injunction issued under this section shall not relieve any
such person from criminal prosecution thereof as provided for in this
article, but such remedy by injunction shall be in addition to any
remedy 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 not
disclose any information acquired from persons with whom the
psychologist has dealt in a professional capacity, except under the
following circumstances:
(1) Trials for homicide when the disclosure relates directly to
the fact or immediate circumstances of said homicide.
(2) Proceedings the purpose of which is to determine mental
competency, or in which a defense of mental incompetency is
raised.
(3) Actions, civil or criminal, against a psychologist for
malpractice.
(4) Upon an issue as to the validity of a document such as a will
of a client.
(5) If the psychologist has the expressed consent of the client or
subject, or in the case of a client's death or disability, the
express consent of the client's legal representative.
(6) Circumstances under which privileged communication is
abrogated 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 repealed
section; restrictions; discipline
Sec. 18. (a) The state psychology board shall issue a limited
license to practice psychology to any individual who held a basic
certificate 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 render
psychological services to any person for a fee under circumstances
that the limited license holder assumes full responsibility and
liability for the conduct and conditions of the offered services.
(c) An individual who holds a limited license under this section
may 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.
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 a
person 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 clergy
providing 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 study
in psychology in an accredited postsecondary educational
institution or training institution if the psychology activities are
performed under qualified supervision and constitute a part of
the person's supervised course of study or other level of
supervision as determined by the board;
(8) an employee of or a volunteer for a nonprofit corporation or
an organization performing charitable, religious, or educational
functions, providing pastoral counseling or other assistance; or
(9) any other certified or licensed professional.
(b) To be exempt under this article, a person described under
subsection (a)(1), (a)(2), (a)(3), (a)(5), (a)(6), (a)(7) or (a)(9) must
provide 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's
profession. 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 cope
with 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 assessment
instruments, and employment counseling.
"Board" means the state psychology board.
"Person" means an individual, firm, partnership, association, or
corporation.
"Practice of psychology" includes the following:
(1) Construction, administration, and interpretation of tests of
intellectual and cognitive abilities, aptitudes, skills, interests,
attitudes, personality characteristics, perception, emotion,
motivation, and opinion.
(2) Diagnosis and treatment of mental and behavioral disorders
by 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 or
groups.
(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 within
the purview of the practice of psychology (as defined in this article).
"Recognized postsecondary educational institution" means any
college, university, school, or similar educational establishment
approved by the board for the purposes of this article.
"Agency" means the Indiana professional licensing agency under
IC 25-1-5.
"Approved organization" means any organization or individual
approved by the board.
"Continuing education course" means an orderly process of
instruction that is designed to directly enhance the practicing
psychologist's knowledge and skill in providing relevant
psychological services, and that is approved by an approved
organization.
(b) Nothing in this article shall be construed as permitting
individuals licensed as psychologists to engage in any manner in the
practice of medicine or optometry (as defined in the laws of this
state).
(c) Nothing in this article shall be construed as permitting a
psychologist to prescribe medication, unless a psychologist is
participating in a federal government sponsored training or treatment
program. An individual licensed as a psychologist may not prescribe
medication unless the individual is a practitioner (as defined under
IC 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 "state
psychology board". The board shall consist of seven (7) members
appointed by the governor. Six (6) of the board members shall be
licensed under this article and shall have had at least five (5) years
of experience as a professional psychologist prior to their
appointment. The seventh member shall be appointed to represent the
general public, must be a resident of this state, must never have been
credentialed in a mental health profession, and must in no way be
associated with the profession of psychology other than as a
consumer. All members shall be appointed for a term of three (3)
years. All members may serve until their successors are duly
appointed and qualified. A vacancy occurring on the board shall be
filled by the governor by appointment. The member so appointed
shall serve for the unexpired term of the vacating member. Each
member of the board is entitled to the minimum salary per diem
provided by IC 4-10-11-2.1(b). Such a member is also entitled to
reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the Indiana
department of administration and approved by the state budget
agency.
(b) The members of the board shall organize by the election of a
chairman and a vice chairman from among its membership. Such
officers shall serve for a term of one (1) year. The board shall meet
at least once in each calendar year and on such other occasions as it
considers necessary and advisable. A meeting of the board may be
called by its chairman or by a majority of the members on the board.
Four (4) members of the board constitute a quorum. A majority of
the quorum may transact business.
(c) The board is empowered to do the following:
(1) Establish reasonable application, examination, and renewal
procedures and set fees for licensure under this article.
However, no fee collected under this article shall, under any
circumstances, be refunded.
(2) Adopt and enforce rules concerning assessment of costs in
disciplinary proceedings before the board.
(3) Establish examinations of applicants for licensure under this
article and issue, deny, suspend, revoke, and renew licenses.
(4) Subject to IC 25-1-7, investigate and conduct hearings, upon
complaint against individuals licensed or not licensed under this
article, concerning alleged violation of this article, under
procedures conducted in accordance with IC 4-21.5.
(5) Initiate the prosecution and enjoinder of any person
violating this article.
(6) Adopt rules which are necessary for the proper performance
of 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 the
competent practice of psychology.
(e) All expenses incurred in the administration of this article shall
be paid from the general fund upon appropriation being made in the
manner 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 this
article.
(3) Receive and account for all fees required under this article.
(4) Deposit fees collected with the treasurer of state for deposit
in the state general fund.
(g) This section may not be interpreted to prevent a licensed or
certified health care professional from practicing within the scope of
the 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 shall
be made to the board on such form and in such manner as the board
shall prescribe. The applicant shall furnish satisfactory evidence of
qualifications that are required under this article or by the board.
Each applicant shall be notified in writing of the board's decision
concerning the applicant's application within thirty (30) days after a
decision has been reached.
(b) Upon approval by the board of an applicant's application for
examination, a temporary license shall be issued by the board and
shall be in force until the board has notified the applicant of the
applicant's examination results. If an applicant fails to take the next
scheduled examination, the applicant's temporary license is revoked
without further action by the board. A temporary license may be
issued only for an applicant's first application.
(c) The board may adopt rules under section 3 of this chapter
establishing additional requirements for any applicant who has failed
the 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 licensing
agency of another state or jurisdiction; and
(2) meets the requirements established by the board;
may be issued a temporary psychology permit limited by terms and
conditions considered appropriate by the board. A limited scope
temporary psychology permit issued under this subsection is valid for
a nonrenewable period of not more than thirty (30) days. A
psychologist may practice under a limited scope psychology permit
not more than thirty (30) days every two (2) years.
(b) The board may adopt rules under section 3 of this chapter
establishing requirements for limited scope temporary psychology
permits.
(c) An individual who holds a limited scope temporary
psychology permit under this section may be disciplined by the board
under 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 in
psychology; preceptorship program
Sec. 5.1. (a) Except as provided in section 5.3 of this chapter, the
board shall issue a license to an individual who meets the following
requirements:
(1) Applies to the board in the form and manner prescribed by
the 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 bearing
upon the applicant's ability to practice competently.
(4) Possesses a doctoral degree in psychology:
(A) granted from a recognized postsecondary educational
institution; and
(B) from a degree program approved by the board as a
psychology program at the time the degree was conferred.
(5) Is not in violation of this chapter or rules adopted by the
board under section 3 of this chapter.
(6) Has paid the fee set by the board under section 3 of this
chapter.
(7) Has passed the examination required and administered by
the board.
(b) If an applicant has been disciplined by a licensing agency in
another state or jurisdiction on the ground that the applicant was
unable to competently practice psychology, the applicant must
submit proof, satisfactory to the board, that the reasons for
disciplinary sanction by the other licensing agency are no longer
valid.
(c) The board shall endorse as a health service provider in
psychology an individual who:
(1) has a doctoral degree in clinical psychology, counseling
psychology, school psychology, or another applied health
service area of psychology;
(2) is licensed under this section, section 5.3, or section 9 of this
chapter;
(3) has at least two (2) years of experience in a health service
setting that includes:
(A) one (1) year of experience that was obtained in an
organized health service training program and at least one
(1) year of experience that was obtained after the individual
received the individual's doctoral degree in psychology; or
(B) upon the adoption by the board of a rule defining
"sequential and organized", sequential and organized
supervised professional experience in a health service setting
in which one (1) year of experience was obtained in an
organized health service training program; and
(4) complies with the continuing education requirements under
IC 25-33-2.
(d) An individual who received a doctoral degree in clinical
psychology, counseling psychology, school psychology, or other
applied health service area in psychology before September 1, 1983,
may satisfy one (1) year of the two (2) year supervised health setting
experience requirement under subsection (c) by successfully
completing a preceptorship program. The individual must apply in
writing to the board and the board must approve the program. The
preceptorship program must:
(1) consist of at least one thousand eight hundred (1,800) hours
of clinical, counseling, or school psychology work experience;
(2) consist of at least one hundred (100) hours of direct
supervision of the individual by a psychologist, at least fifty
(50) hours of which must involve the diagnosis of mental and
behavioral disorders and at least fifty (50) hours of which must
involve the treatment of mental and behavioral disorders;
(3) be completed in a health service setting that provides
services in the diagnosis and treatment of mental and behavioral
disorders;
(4) be under the supervision of a psychologist who meets the
requirements for endorsement under this section; and
(5) be completed within two (2) years after the date the program
is started.
(e) If an individual applies to the board under subsection (d), the
board shall apply each hour of work experience the individual
completes after applying to the board and before the board approves
the 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 by
the board;
(3) pays a fee;
(4) passes an examination on the state or federal statutes, state
rules, and federal regulations that the board determines by rule
to 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 of
probationary license; conditions
Sec. 9. (a) The board shall issue a license to practice psychology
to 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 bearing
on the individual's ability to practice competently;
(5) holds, at the time of application, a valid license or certificate
as a psychologist from another state;
(6) possesses a doctoral degree from a recognized
postsecondary educational institution;
(7) has successfully completed:
(A) a degree program that would have been approved by the
board at the time the individual was licensed or certified in
the other state; or
(B) if the individual was licensed or certified in the other
state before July 1, 1969, a degree program that satisfied the
educational 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 for
the Professional Practice of Psychology and achieved the
passing score required by the board at the time the
examination was administered; or
(B) before January 1, 1990, and the other state required an
examination other than the Examination for the Professional
Practice of Psychology, and the individual achieved a
passing score in the other state at the time of licensure or
certification;
(10) has passed an examination administered by the board that
covers Indiana law related to the practice of psychology; and
(11) is not in violation of this chapter or rules adopted under
this chapter.
(b) The board may adopt rules under IC 4-22-2 concerning the
issuance 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 date
established by the licensing agency under IC 25-1-5-4. A renewal fee
established by the board under section 3 of this chapter must be paid
by an applicant for renewal before the license expires.
(b) If the holder of an expired license fails to renew the license on
or before the renewal date, the license expires and becomes invalid
without any further action by the board.
(c) A license that expires and becomes invalid under this section
may be renewed by the board not more than three (3) years after the
date of the expiration of the license if the applicant meets the
requirements under IC 25-1-8-6(c).
(d) If a license has been invalidated under this section for more
than three (3) years, the holder of the license may have the license
reinstated by meeting the requirements for reinstatement under
IC 25-1-8-6(d).
(e) The board may adopt rules establishing requirements for
reinstatement of a license invalidated for more than three (3) years
under this section.
(f) An initial license issued under this article is valid for the
remainder of the renewal period in effect on the date of issuance.
(g) The board may require a person who applies for a license
under subsection (d) to appear before the board and explain the
reason 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;
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 professional
competence
Sec. 12. A psychologist shall not offer to render, or render,
services which are beyond the scope of that psychologist's
competence, as determined by training and experience. The
psychologist who engages in the practice of psychology shall assist
each client in obtaining professional help for all relevant aspects of
the client's problem that fall outside the boundaries of the
psychologist'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 private
postsecondary educational institution for the purpose of
teaching, research, or the exchange or dissemination of
information and ideas as an assigned duty of the institution;
(2) a commissioned psychology officer in the regular United
States armed services;
(3) licensed by the department of education (established by
IC 20-19-3-1) as a school psychologist and using the title
"school psychologist" or "school psychometrist" as an employee
of a school corporation; or
(4) endorsed as an independent practice school psychologist
under 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", "clinical
psychologist", "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 valid
license issued under this article or a valid endorsement issued under
IC 20-28-12 or is exempted under section 1.1 of this chapter.
(d) This section may not be interpreted to prevent a licensed or
certified health care professional from practicing within the scope of
the 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 commits
a 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 the
violation of this article, may, in accordance with the laws of the state
of Indiana governing injunctions, maintain an action in the name of
the state of Indiana to enjoin such person from continuing in
violation of this article. Any person having been so enjoined who
shall violate such injunctions shall be punished for contempt of
court. An injunction issued under this section shall not relieve any
such person from criminal prosecution thereof as provided for in this
article, but such remedy by injunction shall be in addition to any
remedy 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 not
disclose any information acquired from persons with whom the
psychologist has dealt in a professional capacity, except under the
following circumstances:
(1) Trials for homicide when the disclosure relates directly to
the fact or immediate circumstances of said homicide.
(2) Proceedings the purpose of which is to determine mental
competency, or in which a defense of mental incompetency is
raised.
(3) Actions, civil or criminal, against a psychologist for
malpractice.
(4) Upon an issue as to the validity of a document such as a will
of a client.
(5) If the psychologist has the expressed consent of the client or
subject, or in the case of a client's death or disability, the
express consent of the client's legal representative.
(6) Circumstances under which privileged communication is
abrogated 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 repealed
section; restrictions; discipline
Sec. 18. (a) The state psychology board shall issue a limited
license to practice psychology to any individual who held a basic
certificate 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 render
psychological services to any person for a fee under circumstances
that the limited license holder assumes full responsibility and
liability for the conduct and conditions of the offered services.
(c) An individual who holds a limited license under this section
may 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.
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 a
person 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 clergy
providing 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 study
in psychology in an accredited postsecondary educational
institution or training institution if the psychology activities are
performed under qualified supervision and constitute a part of
the person's supervised course of study or other level of
supervision as determined by the board;
(8) an employee of or a volunteer for a nonprofit corporation or
an organization performing charitable, religious, or educational
functions, providing pastoral counseling or other assistance; or
(9) any other certified or licensed professional.
(b) To be exempt under this article, a person described under
subsection (a)(1), (a)(2), (a)(3), (a)(5), (a)(6), (a)(7) or (a)(9) must
provide 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's
profession. 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 cope
with 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 assessment
instruments, and employment counseling.
"Board" means the state psychology board.
"Person" means an individual, firm, partnership, association, or
corporation.
"Practice of psychology" includes the following:
(1) Construction, administration, and interpretation of tests of
intellectual and cognitive abilities, aptitudes, skills, interests,
attitudes, personality characteristics, perception, emotion,
motivation, and opinion.
(2) Diagnosis and treatment of mental and behavioral disorders
by 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 or
groups.
(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 within
the purview of the practice of psychology (as defined in this article).
"Recognized postsecondary educational institution" means any
college, university, school, or similar educational establishment
approved by the board for the purposes of this article.
"Agency" means the Indiana professional licensing agency under
IC 25-1-5.
"Approved organization" means any organization or individual
approved by the board.
"Continuing education course" means an orderly process of
instruction that is designed to directly enhance the practicing
psychologist's knowledge and skill in providing relevant
psychological services, and that is approved by an approved
organization.
(b) Nothing in this article shall be construed as permitting
individuals licensed as psychologists to engage in any manner in the
practice of medicine or optometry (as defined in the laws of this
state).
(c) Nothing in this article shall be construed as permitting a
psychologist to prescribe medication, unless a psychologist is
participating in a federal government sponsored training or treatment
program. An individual licensed as a psychologist may not prescribe
medication unless the individual is a practitioner (as defined under
IC 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 "state
psychology board". The board shall consist of seven (7) members
appointed by the governor. Six (6) of the board members shall be
licensed under this article and shall have had at least five (5) years
of experience as a professional psychologist prior to their
appointment. The seventh member shall be appointed to represent the
general public, must be a resident of this state, must never have been
credentialed in a mental health profession, and must in no way be
associated with the profession of psychology other than as a
consumer. All members shall be appointed for a term of three (3)
years. All members may serve until their successors are duly
appointed and qualified. A vacancy occurring on the board shall be
filled by the governor by appointment. The member so appointed
shall serve for the unexpired term of the vacating member. Each
member of the board is entitled to the minimum salary per diem
provided by IC 4-10-11-2.1(b). Such a member is also entitled to
reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the Indiana
department of administration and approved by the state budget
agency.
(b) The members of the board shall organize by the election of a
chairman and a vice chairman from among its membership. Such
officers shall serve for a term of one (1) year. The board shall meet
at least once in each calendar year and on such other occasions as it
considers necessary and advisable. A meeting of the board may be
called by its chairman or by a majority of the members on the board.
Four (4) members of the board constitute a quorum. A majority of
the quorum may transact business.
(c) The board is empowered to do the following:
(1) Establish reasonable application, examination, and renewal
procedures and set fees for licensure under this article.
However, no fee collected under this article shall, under any
circumstances, be refunded.
(2) Adopt and enforce rules concerning assessment of costs in
disciplinary proceedings before the board.
(3) Establish examinations of applicants for licensure under this
article and issue, deny, suspend, revoke, and renew licenses.
(4) Subject to IC 25-1-7, investigate and conduct hearings, upon
complaint against individuals licensed or not licensed under this
article, concerning alleged violation of this article, under
procedures conducted in accordance with IC 4-21.5.
(5) Initiate the prosecution and enjoinder of any person
violating this article.
(6) Adopt rules which are necessary for the proper performance
of 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 the
competent practice of psychology.
(e) All expenses incurred in the administration of this article shall
be paid from the general fund upon appropriation being made in the
manner 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 this
article.
(3) Receive and account for all fees required under this article.
(4) Deposit fees collected with the treasurer of state for deposit
in the state general fund.
(g) This section may not be interpreted to prevent a licensed or
certified health care professional from practicing within the scope of
the 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 shall
be made to the board on such form and in such manner as the board
shall prescribe. The applicant shall furnish satisfactory evidence of
qualifications that are required under this article or by the board.
Each applicant shall be notified in writing of the board's decision
concerning the applicant's application within thirty (30) days after a
decision has been reached.
(b) Upon approval by the board of an applicant's application for
examination, a temporary license shall be issued by the board and
shall be in force until the board has notified the applicant of the
applicant's examination results. If an applicant fails to take the next
scheduled examination, the applicant's temporary license is revoked
without further action by the board. A temporary license may be
issued only for an applicant's first application.
(c) The board may adopt rules under section 3 of this chapter
establishing additional requirements for any applicant who has failed
the 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 licensing
agency of another state or jurisdiction; and
(2) meets the requirements established by the board;
may be issued a temporary psychology permit limited by terms and
conditions considered appropriate by the board. A limited scope
temporary psychology permit issued under this subsection is valid for
a nonrenewable period of not more than thirty (30) days. A
psychologist may practice under a limited scope psychology permit
not more than thirty (30) days every two (2) years.
(b) The board may adopt rules under section 3 of this chapter
establishing requirements for limited scope temporary psychology
permits.
(c) An individual who holds a limited scope temporary
psychology permit under this section may be disciplined by the board
under 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 in
psychology; preceptorship program
Sec. 5.1. (a) Except as provided in section 5.3 of this chapter, the
board shall issue a license to an individual who meets the following
requirements:
(1) Applies to the board in the form and manner prescribed by
the 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 bearing
upon the applicant's ability to practice competently.
(4) Possesses a doctoral degree in psychology:
(A) granted from a recognized postsecondary educational
institution; and
(B) from a degree program approved by the board as a
psychology program at the time the degree was conferred.
(5) Is not in violation of this chapter or rules adopted by the
board under section 3 of this chapter.
(6) Has paid the fee set by the board under section 3 of this
chapter.
(7) Has passed the examination required and administered by
the board.
(b) If an applicant has been disciplined by a licensing agency in
another state or jurisdiction on the ground that the applicant was
unable to competently practice psychology, the applicant must
submit proof, satisfactory to the board, that the reasons for
disciplinary sanction by the other licensing agency are no longer
valid.
(c) The board shall endorse as a health service provider in
psychology an individual who:
(1) has a doctoral degree in clinical psychology, counseling
psychology, school psychology, or another applied health
service area of psychology;
(2) is licensed under this section, section 5.3, or section 9 of this
chapter;
(3) has at least two (2) years of experience in a health service
setting that includes:
(A) one (1) year of experience that was obtained in an
organized health service training program and at least one
(1) year of experience that was obtained after the individual
received the individual's doctoral degree in psychology; or
(B) upon the adoption by the board of a rule defining
"sequential and organized", sequential and organized
supervised professional experience in a health service setting
in which one (1) year of experience was obtained in an
organized health service training program; and
(4) complies with the continuing education requirements under
IC 25-33-2.
(d) An individual who received a doctoral degree in clinical
psychology, counseling psychology, school psychology, or other
applied health service area in psychology before September 1, 1983,
may satisfy one (1) year of the two (2) year supervised health setting
experience requirement under subsection (c) by successfully
completing a preceptorship program. The individual must apply in
writing to the board and the board must approve the program. The
preceptorship program must:
(1) consist of at least one thousand eight hundred (1,800) hours
of clinical, counseling, or school psychology work experience;
(2) consist of at least one hundred (100) hours of direct
supervision of the individual by a psychologist, at least fifty
(50) hours of which must involve the diagnosis of mental and
behavioral disorders and at least fifty (50) hours of which must
involve the treatment of mental and behavioral disorders;
(3) be completed in a health service setting that provides
services in the diagnosis and treatment of mental and behavioral
disorders;
(4) be under the supervision of a psychologist who meets the
requirements for endorsement under this section; and
(5) be completed within two (2) years after the date the program
is started.
(e) If an individual applies to the board under subsection (d), the
board shall apply each hour of work experience the individual
completes after applying to the board and before the board approves
the 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 by
the board;
(3) pays a fee;
(4) passes an examination on the state or federal statutes, state
rules, and federal regulations that the board determines by rule
to 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 of
probationary license; conditions
Sec. 9. (a) The board shall issue a license to practice psychology
to 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 bearing
on the individual's ability to practice competently;
(5) holds, at the time of application, a valid license or certificate
as a psychologist from another state;
(6) possesses a doctoral degree from a recognized
postsecondary educational institution;
(7) has successfully completed:
(A) a degree program that would have been approved by the
board at the time the individual was licensed or certified in
the other state; or
(B) if the individual was licensed or certified in the other
state before July 1, 1969, a degree program that satisfied the
educational 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 for
the Professional Practice of Psychology and achieved the
passing score required by the board at the time the
examination was administered; or
(B) before January 1, 1990, and the other state required an
examination other than the Examination for the Professional
Practice of Psychology, and the individual achieved a
passing score in the other state at the time of licensure or
certification;
(10) has passed an examination administered by the board that
covers Indiana law related to the practice of psychology; and
(11) is not in violation of this chapter or rules adopted under
this chapter.
(b) The board may adopt rules under IC 4-22-2 concerning the
issuance 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 date
established by the licensing agency under IC 25-1-5-4. A renewal fee
established by the board under section 3 of this chapter must be paid
by an applicant for renewal before the license expires.
(b) If the holder of an expired license fails to renew the license on
or before the renewal date, the license expires and becomes invalid
without any further action by the board.
(c) A license that expires and becomes invalid under this section
may be renewed by the board not more than three (3) years after the
date of the expiration of the license if the applicant meets the
requirements under IC 25-1-8-6(c).
(d) If a license has been invalidated under this section for more
than three (3) years, the holder of the license may have the license
reinstated by meeting the requirements for reinstatement under
IC 25-1-8-6(d).
(e) The board may adopt rules establishing requirements for
reinstatement of a license invalidated for more than three (3) years
under this section.
(f) An initial license issued under this article is valid for the
remainder of the renewal period in effect on the date of issuance.
(g) The board may require a person who applies for a license
under subsection (d) to appear before the board and explain the
reason 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;
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 professional
competence
Sec. 12. A psychologist shall not offer to render, or render,
services which are beyond the scope of that psychologist's
competence, as determined by training and experience. The
psychologist who engages in the practice of psychology shall assist
each client in obtaining professional help for all relevant aspects of
the client's problem that fall outside the boundaries of the
psychologist'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 private
postsecondary educational institution for the purpose of
teaching, research, or the exchange or dissemination of
information and ideas as an assigned duty of the institution;
(2) a commissioned psychology officer in the regular United
States armed services;
(3) licensed by the department of education (established by
IC 20-19-3-1) as a school psychologist and using the title
"school psychologist" or "school psychometrist" as an employee
of a school corporation; or
(4) endorsed as an independent practice school psychologist
under 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", "clinical
psychologist", "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 valid
license issued under this article or a valid endorsement issued under
IC 20-28-12 or is exempted under section 1.1 of this chapter.
(d) This section may not be interpreted to prevent a licensed or
certified health care professional from practicing within the scope of
the 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 commits
a 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 the
violation of this article, may, in accordance with the laws of the state
of Indiana governing injunctions, maintain an action in the name of
the state of Indiana to enjoin such person from continuing in
violation of this article. Any person having been so enjoined who
shall violate such injunctions shall be punished for contempt of
court. An injunction issued under this section shall not relieve any
such person from criminal prosecution thereof as provided for in this
article, but such remedy by injunction shall be in addition to any
remedy 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 not
disclose any information acquired from persons with whom the
psychologist has dealt in a professional capacity, except under the
following circumstances:
(1) Trials for homicide when the disclosure relates directly to
the fact or immediate circumstances of said homicide.
(2) Proceedings the purpose of which is to determine mental
competency, or in which a defense of mental incompetency is
raised.
(3) Actions, civil or criminal, against a psychologist for
malpractice.
(4) Upon an issue as to the validity of a document such as a will
of a client.
(5) If the psychologist has the expressed consent of the client or
subject, or in the case of a client's death or disability, the
express consent of the client's legal representative.
(6) Circumstances under which privileged communication is
abrogated 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 repealed
section; restrictions; discipline
Sec. 18. (a) The state psychology board shall issue a limited
license to practice psychology to any individual who held a basic
certificate 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 render
psychological services to any person for a fee under circumstances
that the limited license holder assumes full responsibility and
liability for the conduct and conditions of the offered services.
(c) An individual who holds a limited license under this section
may 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.
