No. 38957 (Change in Proposed Rule): Rule R156-61. Psychologist Licensing Act Rule

DAR File No.: 38957
Filed: 04/09/2015 10:58:36 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Following a rule hearing and further review by the Division and Psychologist Licensing Board, sections of the rule with respect to examinations required for licensure as a psychologist are being added back in since at this point the Division is not able to make the changes associated with having those sections deleted.

Summary of the rule or change:

Subsections R156-61-302c(2), (6) and (7) are added back into the rule as the Division, at the present time, is not able to make the changes anticipated earlier with respect to examinations required for psychologist licensure. (DAR NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the December 15, 2014, issue of the Utah State Bulletin, on page 19. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Section 58-61-101
• Subsection 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

No additional costs or savings are anticipated as a result of these additional proposed amendments beyond those previously identified in the proposed rule filing DAR No. 38957, except for the information about the examinations will no longer apply since those subsections are being added back into the rule.

local governments:

No additional costs or savings are anticipated as a result of these additional proposed amendments beyond those previously identified in the proposed rule filing DAR No. 38957.

small businesses:

No additional costs or savings are anticipated as a result of these additional proposed amendments beyond those previously identified in the proposed rule filing DAR No. 38957.

persons other than small businesses, businesses, or local governmental entities:

No additional costs or savings are anticipated as a result of these additional proposed amendments beyond those previously identified in the proposed rule filing DAR No. 38957, except for the information about the examinations will no longer apply since those subsections are being added back into the rule.

Compliance costs for affected persons:

No additional costs or savings are anticipated as a result of these additional proposed amendments beyond those previously identified in the proposed rule filing DAR No. 38957, except for the information about the examinations will no longer apply since those subsections are being added back into the rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

This filing clarifies a previous filing that has not yet gone into effect. No fiscal impact to businesses is anticipated to result from these clarifications.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Dane Ishihara at the above address, by phone at 801-530-7632, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/01/2015

This rule may become effective on:

06/08/2015

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-61. Psychologist Licensing Act Rule.

R156-61-302c. Qualifications for Licensure - Examination Requirements.

(1) The examination requirements which shall be met by an applicant for licensure as a psychologist under Subsection 58-61-304(1)(g) are:

(a) passing the Examination for the Professional Practice of Psychology (EPPP) developed by the American Association of State Psychology Board (ASPPB) with a passing score as recommended by the ASPPB; and

(b) passing the Utah Psychologist Law and Ethics Examination with a score of not less than 75%.

(2) A person may be admitted to the EPPP and Utah Psychologist Law and Ethics examinations in Utah only after meeting the requirements under Section 58-61-305, and after receiving written approval from the Division.

([2]3) If an applicant is admitted to an EPPP examination based upon substantive information that is incorrect and furnished knowingly by the applicant, the applicant shall automatically be given a failing score and shall not be permitted to retake the examination until the applicant submits fees and a correct application demonstrating the applicant is qualified for the examination and adequately explains why the applicant knowingly furnished incorrect information. If an applicant is inappropriately admitted to an EPPP examination because of a Division or Board error and the applicant receives a passing score, the results of the examination may not be used for licensure until the deficiency which would have barred the applicant for admission to the examination is corrected.

([3]4) An applicant who fails the EPPP examination three times will only be allowed subsequent admission to the examination after the applicant has appeared before the Board, developed with the Board a plan of study in appropriate subject matter, and thereafter completed the planned course of study to the satisfaction of the Board.

([4]5) An applicant who is found to be cheating on the EPPP examination or in any way invalidating the integrity of the examination shall automatically be given a failing score and shall not be permitted to retake the examination for a period of at least three years or as determined by the Division in collaboration with the Board.

(6) In accordance with Section 58-1-203 and Subsection 58-61-304(1)(g), an applicant for the EPPP or the Utah Psychologist Law and Ethics Examination shall pass the examinations within one year from the date of the psychologist application for licensure. If the applicant does not pass the examinations within one year, the pending psychologist application shall be denied. The applicant may continue to register to take the EPPP examination under the procedures outlined in Subsection R156-61-302c(4).

(7) In accordance with Section 58-1-203 and Subsection 58-61-304(2)(d), an applicant for psychologist licensure by endorsement shall pass the Utah Psychologist Law and Ethics Examination within six months from the date of the psychologist application for licensure. If the applicant does not pass the examination in six months, the pending psychologist application shall be denied.

 

KEY: licensing, psychologists

Date of Enactment or Last Substantive Amendment: 2015

Notice of Continuation: January 13, 2014

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-61-101