State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-270_4

§ 90‑270.4.  Exemptionsto this Article.

(a)        Nothing in thisArticle shall be construed to prevent the teaching of psychology, the conductof psychological research, or the provision of psychological services orconsultation to organizations or institutions, provided that such teaching,research, service, or consultation does not involve the delivery or supervisionof direct psychological services to individuals or groups of individuals whoare themselves, rather than a third party, the intended beneficiaries of suchservices, without regard to the source or extent of payment for servicesrendered. Nothing in this Article shall prevent the provision of experttestimony by psychologists who are otherwise exempted by this act. Personsholding an earned master's, specialist, or doctoral degree in psychology froman institution of higher education may use the title "psychologist"in activities permitted by this subsection.

(b)        Nothing in thisArticle shall be construed as limiting the activities, services, and use ofofficial titles on the part of any person in the regular employ of the State ofNorth Carolina or whose employment is included under the State Personnel Actwho has served in a position of employment involving the practice of psychologyas defined in this Article, provided that the person was serving in thiscapacity on December 31, 1979.

(c)        Persons certifiedby the State Board of Education as school psychologists and serving as regularsalaried employees of the Department of Public Instruction or local boards ofeducation are not required to be licensed under this Article in order toperform the duties for which they serve the Department of Public Instruction orlocal boards of education, and nothing in this Article shall be construed aslimiting their activities, services, or titles while performing those dutiesfor which they serve the Department of Public Instruction or local boards ofeducation. If a person certified by the State Board of Education as a schoolpsychologist and serving as a regular salaried employee of the Department ofPublic Instruction or a local board of education is or becomes a licensedpsychologist under this Article, he or she shall be required to comply with allconditions, requirements, and obligations imposed by statute or by Board rulesupon all other licensed psychologists as a condition to retaining that license.Other provisions of this Article notwithstanding, if a person certified by theState Board of Education as a school psychologist and serving as a regular salariedemployee of the Department of Public Instruction or a local board of educationis or becomes a licensed psychological associate under this Article, he or sheshall not be required to comply with the supervision requirements otherwiseapplicable to licensed psychological associates by Board rules or by thisArticle in the course of his or her regular salaried employment with theDepartment of Public Instruction or a local board of education, but he or sheshall be required to comply with all other conditions, requirements, andobligations imposed by statute or a local board of education or by Board rulesupon all other licensed psychological associates as a condition to retainingthat license.

(d)        Nothing in thisArticle shall be construed as limiting the activities, services, and use oftitle designating training status of a student, intern, fellow, or othertrainee preparing for the practice of psychology under the supervision andresponsibility of a qualified psychologist in an institution of higher educationor service facility, provided that such activities and services constitute apart of his or her course of study as a matriculated graduate student inpsychology. For individuals pursuing postdoctoral training or experience inpsychology, nothing shall limit the use of a title designating training status,but the Board may develop rules defining qualified supervision, disclosure ofsupervisory relationships, frequency of supervision, settings to which traineesmay be assigned, activities in which trainees may engage, qualifications fortrainee status, nature of responsibility assumed by the supervisor, and thestructure, content, and organization of postdoctoral experience.

(e)        Subject tosubsection (g) of this section, nothing in this Article shall be construed toprevent a qualified member of other professional groups licensed or certifiedunder the laws of this State from rendering services within the scope ofpractice, as defined in the statutes regulating those professional practices,provided the person does not hold himself or herself out to the public by anytitle or description stating or implying that the person is a psychologist orlicensed, certified, or registered to practice psychology.

(f)         Nothing in thisArticle is to be construed as prohibiting a psychologist who is not a residentof North Carolina who holds an earned doctoral, master's, or specialist degreein psychology from an institution of higher education, and who is licensed orcertified only in another jurisdiction, from engaging in the practice ofpsychology, including the provision of health services, in this State for up tofive days in any calendar year. All such psychologists shall comply withsupervision requirements established by the Board, and shall notify the Boardin writing of their intent to practice in North Carolina, prior to theprovision of any services in this State. The Board shall adopt rulesimplementing and defining this provision.

(g)        Except as providedin subsection (c) of this section, if a person who is otherwise exempt from theprovisions of this Article and not required to be licensed under this Articleis or becomes licensed under this Article, he or she shall comply with allBoard rules and statutes applicable to all other psychologists licensed under thisArticle. These requirements apply regardless of whether the person holdshimself or herself out to the public by any title or description stating orimplying that the person is a psychologist, a licensed psychological associate,or licensed to practice psychology.

(h)        A licensee whoselicense is suspended or revoked pursuant to the provisions of G.S. 90‑270.15,or an applicant who is notified that he or she has failed an examination forthe second time, as specified in G.S. 90‑270.5(b), or an applicant who isnotified that licensure is denied pursuant to G.S. 90‑270.11 or G.S. 90‑270.15,or an applicant who discontinues the application process at any point mustterminate the practice of psychology, in accordance with the duly adopted rulesof the Board. (1967,c. 910, s. 4; 1977, c. 670, s. 3; 1979, c. 670, ss. 3, 4; c. 1005, s. 1; 1981,c. 654, ss. 1, 2; 1983, c. 82, s. 5; 1985, c. 734, ss. 1‑3; 1993, c. 375,s. 1; 1995, c. 509, s. 44; 2006‑175, s. 1; 2007‑468, ss. 1, 2.)