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Professional Ethics and Law for Psychologists and Psychological Examiners

Learn about the new rules and requirements for continuing education, cultural diversity, and scope of practice for psychologists and psychological examiners. Available online and in-person.

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Professional Ethics and Law for Psychologists and Psychological Examiners

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  1. Connie Paul, Ph.D., Pamela Auble, Ph.D. Tennessee Psychological Association Oct. 30, 2015 Professional Ethics and Law for Psychologists and Psychological Examiners

  2. New rules in effect July 2014 http://share.tn.gov/sos/rules/1180/1180.htm Continuing education rules on the Board website http://tn.gov/health/article/psych-coedu Can watch Board meetings on video https://web.nowuseeit.tn.gov/Mediasite/Catalog/Full/98fe21d561e9489487745f0c7da678b221 Changes in Board Rules

  3. Every license cycle, 40 hours of CE are required. These 40 hours must be completed in the two calendar years before license renewal Applies to psychologists, senior psychological examiners and psychological examiners Certified psychological assistants at discretion of supervisor Continuing Education

  4. Type I (APA approved) • Type II • Psychological with documented attendance • Assigned number of CE credits • By a regional psych assn, a credentialing body, an internship institution, an accredited college with a health training program, graduate courses (15 CE per semester hour) • Type I at least 9, Type I or II at least 18 altogether Types of Continuing Education

  5. Clinical peer consultation Research presentations/workshops Clinical supervision (up to 10 hours per2 yrs) Meetings at professional psych organizations Teachings and presentations (up to 3 hrs) Guest lectures (up to 1 hr per lecture) Teach new 3 credit hour course = 22 hours Publications/editor/journal review (up to 22) Workshops or seminars (up to 10 per year) Type III ce (up to 22 hours)

  6. Online Education

  7. APA online courses, CE4Less, journal articles with online testing, etc. 20 hours of the 40 hours required per license cycle must be from non-internet sources Internet must be Type I CE (APA approved) Topic of much discussion, chasing technology as it develops, further evolution expected Internet Continuing Education

  8. Three hours per cycle, Type I or Type II Tennessee Code Annotated, Title 63, Chapter 11, AND Official Compilation, Rules and Regulations of the State of Tennessee, Chapters 1180-1, 1180-2, 1180-3, and 1180-4, AND Ethical Principles of Psychologists and Code of Conduct from the American Psychological Association, effective June 1, 2003 AND not OR Ethics and Jurisprudence

  9. Aspects of identity due to age, disability, gender, race, religion, sexuality, culture, socioeconomic status, or other cultural dimensions • 3 hours, Type I or Type II • Cultural diversity must be noted in title, description, or curriculum • Not required to be devoted to cultural diversity, but one of the objectives or descriptions Cultural Diversity

  10. TPA program has a rainbow star by programs that will meet the cultural diversity requirement 122 Women of Color 151 Documentary “Happy” 331 Disability models/stereotypes TPA Offerings

  11. 2015 License renewal • CE in 2013 and 2014 • Only 1.5 years of CE under old rules • Licensee can continue to follow old rules • 2016 License renewal • CE in 2014 and 2015. • Licensee must follow new rules • This means all of you at this program New rules in effect July 2014

  12. Multi-media CE acceptable (Teleconferencing, videoconferencing, DVD, internet, correspondence courses) Licensees with disabilities can petition the Board for exceptions in how they get CE Licensees should prepare summary report with documentation yearly, may be requested by random selection Miscellaneous CE Info

  13. 15% of psychologists, SPE, and PE get audited (of 1800, 270 per year) Summary form for continuing education included, please fill out If Type I CE or Type II CE, there should be certificates included in the material submitted CE must be in the field of psychology CE Audits

  14. Deficiency letter will be sent 3 months from date on letter to obtain CE Failure will result in $100 penalty and an agreed citation (or a contested case before the Board) One year to make up the CE If not, additional disciplinary action Failure to obtain CE

  15. Clarifying scope of supervised practice • Used to read limited to assessment, testing, and “related activities”, not therapy • Added more descriptors • Participates in evaluations providing data • Involved in treatment teams/research, screens for treatment • Provides educational information Certified Psychological Assistants

  16. Increase in charges for copying to $20 for first five pages, $0.50 for each additional page Supervision must involve significant time, and 75% can be done with video conferencing Cleaning up 1180.2 and 1180.3 (psychologist and psych examiner sections) Housekeeping Issues

  17. Defines the work of psychologists, what psychologists can do. Practice of applying psychological techniques to human behavior for treatment (prevention or enhancement) Includes psychological testing, therapy, diagnosis and treatment, case management, psychoeducational evaluation Scope of Practice: TCA 63-11-203

  18. “Assessing” added to “preventing, enhancing” in the practice of applying psychological techniques to human behavior for treatment Parent coordination (practice not exclusive to psychologists) Forensic evaluation (practice not exclusive to psychologists) Telepsychology 2014 changes in scope of practice

  19. California forensic psychologist testifying regarding Coe’s competency to be executed Had not followed rules for out of state psychologists Required to have Board permission to practice without a TN license up to 12 days per year (Statute 63-11-211 (b) (5)) Rules require Board authorization and supervising TN psychologist for treatment (1180-02-.05 (3) (f)) Coe v. State of Tennessee (2000)

  20. The only purpose of Dr. Martell's evaluation was to determine whether the appellant is competent to be executed. The evaluation was not for the purpose of “preventing or eliminating” any psychological illness of the appellant and “enhancing” his mental health. Therefore, the performance of the forensic evaluation did not constitute the practice of psychology and no authorization was required under § 63–11–211(b)(5). Supreme Court opinion, 2000

  21. Out of state psychologists doing forensic work with Tennessee clients would not have been under jurisdiction of Board of Examiners Psychologists in Tennessee who do forensic work also not under jurisdiction (significant percentage of Board complaints involve forensic work) Psychologists could be excluded from testifying due to not in scope of practice Potential issues

  22. Telepsychology

  23. We have statutory authority to regulate telepsychology as of 2014 Will involve regulating out of state practitioners treating Tennessee clients Will NOT involve regulating TN psychologists practicing in other states In the process of formulating appropriate rules and regulations to protect the Tennessee citizens who receive such services REGULATION OF TELEPSYCHOLOGY

  24. Not a fast process • Been discussed at four Board meetings through March 2015 (1:43 through 2:12) • Based on the Ohio telepsychology rules modified for Tennessee • Patient records must comply with confidentiality rules • Any violations subject to Board discipline Process of rule making

  25. Submitted to internal review in March 2015 • Board attorney’s deputy • Chief deputy • Governor’s office • Commissioner • Rule making hearing after 60 days public notice (December 2015?) • Attorney general’s office review • Becomes effective Current timeline

  26. Must hold a valid current TN license Must maintain competence in telepsychology through CE Awareness that telepsychology not appropriate for all clients and awareness of risks involved Alternative contacts for client and therapist Local emergency services Telepsychology rules

  27. Secure connections, risks to confidentiality • Written consent regarding limitations of distance technology (confidentiality risks, disruption of communication) • Supervision • Up to 75% of supervision can be conducted via distance communication • Recognition that not appropriate for all cases and supervisees Telepsychology Rules

  28. Exceptions for situations in which there is a face to face treating relationship • Appointment scheduling or establishing benefits/eligibility for services • Telephone communications to ensure client welfare • Issues regarding recording • Videoconferencing not normally stored • Illegal to record without client’s knowledge • Client can record sessions, however Telepsychology issues

  29. Tennessee psychologist treating a client in another state without being licensed Out of state psychologist treating a client in Tennessee without being licensed The home state of the psychologist is where violations are reported Part of the TN rules: Licensees bear responsibility to comply with rules for telepsychology in other jurisdictional boards Telepsychology VIOLATIONS

  30. Guidelines for Telepsychology in American Psychologist, Dec. 2013 (vague, aspirational) American Association State and Provincial Psychology Boards working on an InterjurisdictionalTelepsychology Compact (9/1/14) Course 242 this afternoon from 4-5:30: Your Practice and TeleBehavioral Health Resources for Telepsychology

  31. licensed Behavior Analysts

  32. Rapidly growing field in Tennessee • Application of principles of learning to improve socially significant behavior • Board Certified Behavior Analyst • M. A. degree/courses/fieldwork • Board Certified Assistant Behavior Analyst • B.A. degree/courses/fieldwork • Supervised by BCBA Applied behavior analyst

  33. TN Code 63-11-301, July 1, 2014 Licensing committee under the Board of Examiners Five members (3 BCBA, 1 BCaBA, 1 public consumer) with three year terms Chair of the committee will be a voting member of the Board of Examiners 10 member BOE, quorum is 6 Licensed Behavior Analyst

  34. Behavior Analyst board has been appointed Annette Little, Ph.D. is on the Psychology Board Process of formulating Rules and Regulations is ongoing with a rule making hearing coming up in the future on the Behavior Analyst board Update on the process

  35. Credentialing through board certification (Board Certified Behavior Analyst or Board Certified Assistant Behavior Analyst) Also likely to include good moral character, birth certificate, photograph, verification of licenses from other jurisdictions, license fees Procedures for Licensure

  36. Temporary licenses • Renewal of licenses • Expired license reinstatement • Retired licenses • Maintenance of records/transfer of records/sale of practice • 7 years for record retention • Secure destruction of records includes typical licensure rules

  37. Discussion regarding whether Behavior Analyst Certification Board CE rules or TN Psychology CE rules or combination • BACB CE Rules: • 3-Year Cycle: 36 hours every 3 years (3 hours in ethics and professional behavior) • 2-Year Cycle: 32 hours every 2 years (4 hours in ethics for all certificants; 3 hours in supervision for supervisors) CE rules for behavior analysts

  38. Discussion whether BACB Ethical Code or APA Ethical Code or both BACB code has overlap with APA ethical code (e.g., fees/records/confidentiality/integrity) BACB code does not include sections on education, therapy APA code does not include sections on environmental conditions/punishment APA code is more detailed about research and assessment than BACB code Ethical Code in behavior analyst rules

  39. Surplus in funds for Board of Examiners • Decrease in fees • Ethics and Jurisprudence exam from $200 to $100 • License renewal from $275 to $225 • Certificate renewal from $150 to $75 • No fee for written verification of license/record (was $25) Rulemaking june 2015 on fees

  40. Public Chapter 268 • Allows disclosure of protected healthcare information in malpractice lawsuits • Public Chapter 261 • Telehealth is not a new standard of care • Prohibits boards from creating a more restrictive standard of practice for telehealth services • Allows physicians to prescribe via telemedicine • No separate telehealth license by Board of Medical Examiners LEGISLATIVE UPDATES

  41. $200 per year for professionals As of 2014 electronic filing required by June 1 of each year. I got email reminders this year. You must know your account number or look it up to file the tax. http://health.state.tn.us/Downloads/Electronic%20Filing%20Reminder%20for%20ProFee%202014.pdf TPA website: copy and paste Professional Privilege Tax

  42. TN Code 67-4-1704 Amended April 2014 Must pay the tax in full including penalties and interest If the tax is more than 90 days overdue, will not be allowed to renew your license (attorneys get their license suspended) Penalties for not paying

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