AS Title 8, Chapter 86: Psychologists and Psychological Associates

Article 1. Board of Psychologist and Psychological Associate Examiners. Chapter 86. Psychologists and Psychological Associates. Sec. 08.86.010. Creation and membership of board. There is created a Board of Psychologist and Psychological Associate Examiners. It consists of three licensed psychologists, a licensed psychological associate, and one person who has no direct financial interest in the health care industry. Sec. 08.86.020. Appointment and term of office. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.035 .] Sec. 08.86.025. Removal of board members. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.020 .] Sec. 08.86.030. Board meetings. The board shall hold at least three meetings annually. The board may hold special meetings at the call of the chairman or of a majority of the board members. Sec. 08.86.040. Assistants. The board may employ assistants to prepare and grade examinations and to investigate alleged violations of this chapter. Sec. 08.86.050. Transportation and per diem. [Repealed, § 1 ch 42 SLA 1977.] Article 2. Administration of Board Affairs. Sec. 08.86.070. Duties of the board. The board shall (1) establish objective examination requirements for persons who apply for a license to practice psychology in the state; (2) examine, or cause to be examined, eligible license applicants; (3) approve the issuance of licenses to qualified applicants; (4) adopt regulations establishing standards for the practice of psychology; (5) impose disciplinary sanctions as authorized by this chapter; (6) adopt regulations requiring proof of continued competency for license renewal; (7) review, when requested by the department, the quality and availability of psychological services in the state; (8) compile information for submission to the department on the practice of psychology by psychologists and psychological associates in the state. Sec. 08.86.075. Power to order examinations. The board may order a licensed psychologist or licensed psychological associate to submit to a reasonable physical or mental examination if the board has credible evidence sufficient to conclude that the psychologist's or psychological associate's physical or mental capacity to practice safely is at issue. Sec. 08.86.080. Board regulations. The board shall adopt regulations to carry out the purposes of this chapter. Sec. 08.86.090. Administrative duties of the department. The department shall furnish administrative services for the board. Sec. 08.86.100. Applicability of the Administrative Procedure Act. AS 44.62 (Administrative Procedure Act) applies to regulations and proceedings under this chapter. Article 3. Licensing of Psychologists. Sec. 08.86.120. Entitlement to licensure. [Repealed, § 9 ch 63 SLA 1986.] Sec. 08.86.125. Malpractice insurance. [Repealed, § 40 ch 177 SLA 1978.] Sec. 08.86.130. Licensing requirements. (a) The board shall issue a psychologist license to a person who (1) holds an earned doctorate degree, from an academic institution whose program of graduate study for a doctorate degree in psychology meets the criteria established by the board by regulation, in (A) clinical psychology; (B) counseling psychology; or (C) education in a field of specialization considered equivalent by the board; (2) has not engaged in dishonorable conduct related to the practice of counseling or psychometry; (3) has one year of post doctoral supervised experience approved by the board; and (4) takes and passes the objective examination developed or approved by the board. (b) The board may not deny recognition as an accredited or approved academic institution to an educational institution solely because its program has not been accredited by a professional organization of psychologists. Sec. 08.86.135. Temporary license. The board may issue a temporary license to a person who meets the requirements of AS 08.86.130 (a)(1) and (2). A temporary license issued under this section is valid only for the time period identified in the person's plan for the purpose of obtaining supervised experience to meet the requirements of AS 08.86.130 (a)(3). Sec. 08.86.140. Fees. (a) The department shall set fees under AS 08.01.065 for the following: (1) application; (2) examination; (3) credential review; (4) initial license; (5) license renewal. (b) [Repealed, § 49 ch 94 SLA 1987.] Sec. 08.86.150. License by credentials. A person who is licensed or certified as a psychologist by a licensing authority other than the state is entitled to be licensed in the state without examination if the person applies on the proper application form, submits proof of continued competence as required by regulation of the board, pays the credential review fee, and the person (1) holds a doctoral degree with primary emphasis on psychology that satisfies the requirements of AS 08.86.130 and the examination and qualification requirements for the person's out-of-state license or certificate were essentially similar to or higher than the examination and qualification requirements for licensure under this chapter; (2) is a diplomate in good standing of the American Board of Professional Psychology; or (3) is certified or registered with a credentialing organization in psychology approved by the board in regulation and with requirements essentially similar to or higher than the requirements for licensure under this chapter. Article 4. Licensing of Psychological Associates. Sec. 08.86.160. Licensing requirements. (a) The board shall issue a psychological associate license to a person who (1) holds an earned master's degree from an academic institution whose program of graduate study for a master's degree in psychology meets the criteria established by the board by regulation in (A) clinical psychology; (B) counseling psychology; or (C) education in a field of specialization considered equivalent by the board; (2) has not engaged in dishonorable conduct related to the practice of counseling or psychometry; (3) has two years of post master's supervised experience approved by the board; and (4) takes and passes the objective examination developed or approved by the board for psychological associates. (b) The board may not deny recognition as an accredited or approved academic institution to an educational institution solely because its program has not been accredited by a professional organization of psychologists. Sec. 08.86.162. Qualifications for associates' examination. A person is entitled to take a psychological associate examination if the board finds that the person (1) has not engaged in dishonorable conduct related to the practice of counseling or psychometry; (2) holds a master's degree with primary emphasis on psychology from an academic institution whose program of graduate study for a master's degree in psychology meets the criteria established by the board by regulation, with the equivalent of at least 48 semester credit hours of graduate course work directly related to a specialized area of psychology in which licensure is requested, including a practicum; and (3) has the recommendation of an immediate supervisor if a licensed psychologist, or two licensed psychologists who hold doctoral degrees. Sec. 08.86.164. Scope of practice by associate. (a) A psychological associate shall be licensed to provide psychological services within the nature and extent of the psychological associate's training and experience as defined in regulation. (b) [Repealed, § 11 ch 51 SLA 1996.] (c) [Repealed, § 11 ch 51 SLA 1996.] (d) [Repealed, § 11 ch 51 SLA 1996.] (e) [Repealed, § 11 ch 51 SLA 1996.] Sec. 08.86.166. Temporary license. The board may issue a temporary license to a person who meets the requirements of AS 08.86.160 (a)(1), (2), and (4). A temporary license issued under this section is valid only for the time period identified in the person's plan for the purpose of obtaining supervised experience to meet the requirement of AS 08.86.160 (a)(3). Article 5. Prohibitions and Penalties. Sec. 08.86.170. Use of title. (a) Unless licensed under this chapter, a person may not use the title “psychologist” or a title, designation, or device indicating or tending to indicate that the person is a psychologist or practices psychology. (b) Unless licensed under this chapter, a person may not use the title “psychological associate” or a title, designation, or device indicating or tending to indicate that the person is a psychological associate or practices counseling or psychometrics. Sec. 08.86.180. Practice of psychology. (a) Unless licensed under this chapter, a person may not practice psychology or hold out publicly as a psychologist or as practicing psychology. A person holds out as a psychologist by using a title or description of services incorporating the words “psychology,” “psychological,” “psychologist,” “psychometry,” “psychotherapy,” “psychotherapeutic,” “psychotherapist,” “psychoanalysis,” or “psychoanalyst” or when holding out publicly to be trained, experienced, or qualified to render services in the field of psychology. (b) This section does not apply to (1) a person employed as a school psychologist, if the school district maintains appropriate supervision of psychological activities and professional conduct, and if the person is performing the psychological activities as part of the duties for which the person was employed, is performing the activities solely within the facilities of the school district in which the person is employed or under the supervision of the school district, and does not render or offer to render psychological services to the public for compensation in addition to the salary the person receives from the school district; (2) an officer or employee of the United States government practicing psychology while in the discharge of the officer's or employee's official duties; (3) a student, intern, or resident in psychology pursuing a course of study approved by the board as qualifying training and experience for a psychologist, if that person's activities constitute a part of that person's supervised course of study and that person is designated by titles such as “psychology intern” or “psychology trainee”; (4) a qualified member of another profession, in doing work of a psychological nature consistent with that person's training and consistent with the code of ethics of that person's profession, if the person does not hold out to the public by a title or description of services incorporating the words “psychology,” “psychological,” “psychologist,” “psychometry,” “psychotherapy,” “psychotherapeutic,” “psychotherapist,” “psychoanalysis,” or “psychoanalyst” or represent to be trained, experienced, or qualified to render services in the field of psychology; or (5) a physician engaged in the normal practice of medicine for which the physician is licensed under AS 08.64 . (c) Nothing in this chapter authorizes a person licensed as a psychologist to engage in the practice of medicine, as defined by the laws of the state. (d) [See delayed amendment note.] Nothing in this section prohibits a licensed clinical social worker, a licensed marital and family therapist, or a licensed professional counselor from holding out to the public by a title or description of services incorporating the words “psychoanalysis,” “psychoanalyst,” “psychotherapy,” “psychotherapist,” or “psychotherapeutic.” Sec. 08.86.185. Practice of counseling and psychometrics. [Repealed, § 24 ch 58 SLA 1980. For current law, see AS 08.86.180 .] Sec. 08.86.190. Name under which person practices. (a) A licensed psychologist may practice psychology only under that person's own name. (b) A licensed psychological associate may practice counseling or psychometry only under that person's own name. Sec. 08.86.200. Confidentiality of communication. (a) A psychologist or psychological associate may not reveal to another person a communication made to the psychologist or psychological associate by a client about a matter concerning which the client has employed the psychologist or psychological associate in a professional capacity. This section does not apply to (1) a case conference with other mental health professionals or with physicians and surgeons; (2) a case in which the client in writing authorized the psychologist or psychological associate to reveal a communication; (3) a case where an immediate threat of serious physical harm to an identifiable victim is communicated to a psychologist or psychological associate by a client; (4) disclosures of confidential communications required under Rule 504, Alaska Rules of Evidence; or (5) proceedings conducted by the board or the department where the disclosure of confidential communications is necessary to defend against charges that the psychologist or psychological associate has violated provisions of this chapter; information obtained by the board or department under this paragraph is confidential and is not a public record for purposes of AS 40.25.110 — 40.25.140. (b) Notwithstanding (a) of this section, a psychologist or psychological associate shall report to the appropriate authority incidents of child abuse or neglect as required by AS 47.17.020 , incidents of abuse of a vulnerable adult as required by AS 47.24.010 , and incidents of abuse of disabled persons disclosed to the psychologist or psychological associate by a client. In this subsection “disabled person” means a person who has a physical or mental disability or a physical or mental impairment, as defined in AS 18.80.300 . Sec. 08.86.204. Grounds for imposition of disciplinary sanctions. (a) After a hearing, the board may impose a disciplinary sanction on a person licensed under this chapter when the board finds that the licensee (1) secured a license through deceit, fraud, or intentional misrepresentation; (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities; (3) advertised professional services in a false or misleading manner; (4) has been convicted of a felony or other crime that affects the licensee's ability to continue to practice competently and safely; (5) intentionally or negligently engaged in or permitted the performance of patient care by persons under the licensee's supervision that does not conform to minimum professional standards regardless of whether actual injury to the patient occurred; (6) failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the board; (7) continued to practice after becoming unfit due to (A) professional incompetence; (B) failure to keep informed of current professional practices; (C) addiction or severe dependency on alcohol or other drugs which impairs the ability to practice safely; (D) physical or mental disability or a combination of physical and mental disabilities; (8) engaged in sexual misconduct with a patient during the course of therapy, either within or outside the treatment setting, or within two years after therapy or counseling with the patient has terminated; in this paragraph, “sexual misconduct” includes sexual contact, as defined in regulations adopted under this chapter, or attempted sexual contact, regardless of the patient's or former patient's consent or lack of consent. (b) The board may summarily suspend the license of a licensee who refuses to submit to a physical or mental examination under AS 08.86.075 . A person whose license is suspended under this subsection is entitled to a hearing conducted by the office of administrative hearings ( AS 44.64.010 ) within seven days after the effective date of the order. If, after the hearing, the board upholds the suspension, the licensee may appeal the suspension to a court of competent jurisdiction. (c) The board may not impose disciplinary sanctions on a licensee for the evaluation, diagnosis, or treatment of a person through audio, video, or data communications when physically separated from the person if (1) the licensee or another licensed health care provider is available to provide follow-up care; (2) the licensee requests that the person consent to sending a copy of all records of the encounter to a primary care provider if the licensee is not the person's primary care provider and, if the person consents, the licensee sends the records to the person's primary care provider; and (3) the licensee meets the requirements established by the board in regulation. (d) The board shall adopt regulations restricting the evaluation, diagnosis, supervision, and treatment of a person as authorized under (c) of this section by establishing standards of care, including standards for training, confidentiality, supervision, practice, and related issues. Sec. 08.86.206. Disciplinary sanctions. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.075 .] Sec. 08.86.210. Penalty. A person who violates this chapter is guilty of a class B misdemeanor. Sec. 08.86.220. Limits or conditions on license; discipline. (a) Upon a finding that by reason of demonstrated problems of competence, experience, education, or health the authority to practice psychology or as a psychological associate under this chapter should be limited or conditioned or the practitioner disciplined, the board may reprimand, censure, place on probation, restrict practice by time, specialty, procedure or facility, require additional education or training, or revoke or suspend a license. (b) AS 44.62 (Administrative Procedure Act) applies to any action taken by the board under this section. Article 6. General Provisions. Sec. 08.86.230. Definitions. In this chapter, (1) “board” means the Board of Psychologist and Psychological Associate Examiners; (2) “department” means the Department of Commerce, Community, and Economic Development; (3) “psychological associate” means a person licensed under this chapter who renders psychological services and complies with AS 08.86.164 ; (4) “psychologist” means a person who practices psychology; (5) “to practice psychology” means to render or offer to render for a fee to individuals, groups, organizations, or the public for the diagnosis, prevention, treatment, or amelioration of psychological problems and emotional and mental disorders of individuals or groups or for conducting research on human behavior, a psychological service involving the application of psychological principles, methods, and procedures of understanding, predicting, and influencing behavior, including (A) the principles pertaining to learning, perception, motivation, emotions, and interpersonal relationships; (B) the methods and procedures of interviewing, counseling, psychotherapy, biofeedback, behavior modification, and hypnosis; (C) constructing, administering and interpreting tests of mental abilities, aptitudes, interests, attitudes, personality characteristics, emotions, and motivations.