NRS: CHAPTER 641 - PSYCHOLOGISTS

[Rev. 6/29/2024 4:48:47 PM--2023]

CHAPTER 641 - PSYCHOLOGISTS

GENERAL PROVISIONS

NRS 641.010 Legislative declaration.

NRS 641.020 Definitions.

NRS 641.021 “Board” defined.

NRS 641.022 “Community” defined.

NRS 641.023 “Gross malpractice” defined.

NRS 641.024 “Malpractice” defined.

NRS 641.0243 “National examination” defined.

NRS 641.0245 “Patient” defined.

NRS 641.025 “Practice of psychology” defined.

NRS 641.026 “Professional incompetence” defined.

NRS 641.0263 “Psychological assistant” defined.

NRS 641.0265 “Psychological intern” defined.

NRS 641.0267 “Psychological trainee” defined.

NRS 641.027 “Psychologist” defined.

NRS 641.029 Applicability of chapter: Generally.

NRS 641.0295 Applicability of chapter: Practice by nonresident psychologist as consultant.

BOARD OF PSYCHOLOGICAL EXAMINERS

NRS 641.030 Creation; number and appointment of members.

NRS 641.035 Terms of members; limitation on consecutive terms.

NRS 641.040 Qualifications of members; conflict of interest.

NRS 641.045 Required orientation for new members of Board; policies concerning compensation and performance review of staff.

NRS 641.070 Meetings; quorum.

NRS 641.080 Officers.

NRS 641.085 Seal.

NRS 641.090 Records: Duties of Secretary-Treasurer; custody and inspection; confidentiality; exceptions.

NRS 641.100 Rules and regulations.

NRS 641.110 General powers; prohibition on participation in preparing, conducting or grading examination.

NRS 641.1105 Board may enter into agreement with Department of Health and Human Services for certain types of administrative assistance.

NRS 641.111 Deposit and expenditure of money.

NRS 641.112 Duty of psychologist to limit practice to areas of competence; enforcement; regulations.

NRS 641.113 Registration of firm, partnership or corporation which engages in or offers to engage in practice of psychology; regulations; penalty. [Replaced in revision by NRS 641.2265.]

NRS 641.115 Offices; employees; prohibition on payment of expenses out of State General Fund.

NRS 641.117 Forms for licensure.

NRS 641.125 Hearings and investigations; taking evidence.

NRS 641.135 Civil liability.

NRS 641.140 Salary of members; per diem allowance and travel expenses of members and employees; payment of compensation and expenses of members and employees.

NRS 641.145 Annual report to Joint Interim Standing Committee on Health and Human Services and Chairs of regional behavioral health policy boards.

LICENSING OF PSYCHOLOGISTS; REGISTRATION OF PSYCHOLOGICAL ASSISTANTS, PSYCHOLOGICAL INTERNS AND PSYCHOLOGICAL TRAINEES

NRS 641.160 Application and fee for license.

NRS 641.170 Qualifications of applicants for licensure; Board required to evaluate application and issue statement of determination; contents of statement.

NRS 641.173 Application for license or registration: Submission of official transcripts by alternate means.

NRS 641.175 Payment of child support: Submission of certain information by applicant; grounds for denial of license or registration; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 641.175 Payment of child support: Submission of certain information by applicant; grounds for denial of license or registration; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

NRS 641.180 Examination of applicant for license as psychologist; waiver.

NRS 641.190 Licensing or limited practice authorization of psychologist licensed or certified in another state.

NRS 641.196 Expedited license by endorsement as psychologist: Requirements; procedure for issuance; provisional license pending action on application.

NRS 641.220 Renewal of license: Application; fee; declaration of areas of competence by psychologist; continuing education.

NRS 641.221 Renewal of license: Duty of Board to require applicant to report receipt of training in treatment of mental and emotional trauma and willingness to respond during emergency or disaster; maintenance and provision of related lists of names by Board; failure of applicant to comply not ground for denial; confidentiality of information.

NRS 641.2215 Renewal of license or registration: Duty of Board to make data request concerning demographic and practice information available to applicants for voluntary completion and electronic submission; confidentiality of information provided.

NRS 641.222 Automatic suspension of psychologist’s license for failure to pay biennial fee for renewal of license; reinstatement; notice of suspension.

NRS 641.225 Psychologist required to practice under name that appears on license; association with firm, partnership or corporation authorized under certain circumstances.

NRS 641.226 Registration: Application; fee; fingerprints; expiration; renewal; supervision; regulations.

REGISTRATION OF FIRM, PARTNERSHIP OR CORPORATION ENGAGING OR OFFERING TO ENGAGE IN PRACTICE OF PSYCHOLOGY

NRS 641.2265 Requirement; regulations; penalty.

PSYCHOLOGY INTERJURISDICTIONAL COMPACT

NRS 641.227 Text of Compact.

FEES

NRS 641.228 Fees.

MISCELLANEOUS PROVISIONS

NRS 641.229 Inquiry into and documentation of veteran status of new adult patients by psychologist; provision of contact information for Department of Veterans Services.

NRS 641.2291 Recordings of certain training activities: Retention; requirements; compliance with and applicability of provisions governing health care records; regulations.

NRS 641.2293 Duty of psychologist who diagnoses patient as having opioid use disorder to counsel and provide certain information to patient and to refer patient for medication-assisted treatment upon request.

NRS 641.2295 Practice by nonresident psychologist as consultant. [Replaced in revision by NRS 641.0295.]

DISCIPLINARY AND OTHER ACTIONS

NRS 641.230 Grounds for disciplinary action.

NRS 641.240 Authorized disciplinary action; private reprimands prohibited; orders imposing discipline deemed public records.

NRS 641.242 Suspension of license or registration for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license or registration. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 641.243 Service of process.

NRS 641.245 Subpoenas.

NRS 641.250 Complaints: Filing; retention.

NRS 641.270 Complaints: Review; investigation.

NRS 641.2705 Investigation into unlicensed or unregistered activity; issuance of order to cease and desist; issuance of citation; reporting requirements of Board; administrative fine; appeal of citation.

NRS 641.272 Mental or physical examination required by Board; consent to examination; confidentiality of testimony or reports; immediate suspension for failure to submit to examination.

NRS 641.273 Examination regarding competency to practice.

NRS 641.274 Limitation on time for completion of examination after issuance of order suspending license or registration pending disciplinary proceedings.

NRS 641.276 Commencement of disciplinary proceedings required for certain violations of Industrial Insurance Act.

NRS 641.285 Requirements for proof.

NRS 641.312 Judicial review; duration of Board’s order; priority of petition for judicial review.

NRS 641.314 Temporary restraining order or preliminary injunction pending disciplinary proceedings.

NRS 641.316 Injunction against person practicing without license, authorization or registration.

NRS 641.318 Immunity of certain persons from civil liability.

NRS 641.320 Procedure for removing limitation, terminating probation or reinstating license or registration.

PROHIBITED ACTS; PENALTIES

NRS 641.390 Representation or practice without license prohibited; exceptions.

NRS 641.440 Prohibited acts; penalty.

_________

GENERAL PROVISIONS

NRS 641.010 Legislative declaration. The practice of psychology is hereby declared to be a learned profession, affecting public safety, health and welfare and subject to regulation to protect the public from the practice of psychology by unqualified persons and from unprofessional conduct by persons licensed to practice psychology.

(Added to NRS by 1963, 187; A 1989, 1539)

NRS 641.020 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 641.021 to 641.027, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1963, 187; A 1973, 787; 1985, 535, 1911; 1989, 1540; 1995, 2492; 2009, 1481, 2988; 2011, 2615; 2017, 2515, 4245)

NRS 641.021 “Board” defined. “Board” means the Board of Psychological Examiners.

(Added to NRS by 1985, 1905)

NRS 641.022 “Community” defined. “Community” means the entire area customarily served by psychologists among whom a patient may reasonably choose, not merely the particular area inhabited by the patients of an individual psychologist or the particular city or place where the psychologist has his or her office.

(Added to NRS by 1985, 1905)

NRS 641.023 “Gross malpractice” defined. “Gross malpractice” means malpractice where the failure to exercise the requisite degree of care, diligence or skill consists of:

1. Practicing psychology or psychotherapy with a patient while the psychologist is under the influence of an alcoholic beverage as defined in NRS 202.015 or any controlled substance;

2. Gross negligence;

3. Willful disregard of established methods and procedures in the practice of psychology; or

4. Willful and consistent use of methods and procedures considered by psychologists in the community to be inappropriate or unnecessary in the cases where used.

(Added to NRS by 1985, 1905; A 1987, 483, 1570, 1576)

NRS 641.024 “Malpractice” defined. “Malpractice” means failure on the part of a psychologist to exercise the degree of care, diligence and skill ordinarily exercised by psychologists in good standing in the community.

(Added to NRS by 1985, 1905)

NRS 641.0243 “National examination” defined. “National examination” means the Examination for Professional Practice in Psychology in the form administered by the Association of State and Provincial Psychology Boards and approved for use in this State by the Board.

(Added to NRS by 2009, 2988)

NRS 641.0245 “Patient” defined. “Patient” means a person who consults or is examined or interviewed by a psychologist for purposes of diagnosis or treatment.

(Added to NRS by 1995, 2492)

NRS 641.025 “Practice of psychology” defined. “Practice of psychology” means the observation, description, evaluation, interpretation or modification of human behavior by the application of psychological principles, methods or procedures to prevent or eliminate problematic, unhealthy or undesired behavior and to enhance personal relationships and behavioral and mental health. The term includes, without limitation, such specialized areas of competence as:

1. Psychological testing and the evaluation of personal characteristics, including, without limitation, intelligence, personality, abilities, interests, aptitudes and neuropsychological functioning;

2. Counseling;

3. Psychoanalysis;

4. Psychotherapy;

5. Hypnosis;

6. Biofeedback;

7. Analysis and therapy relating to behavior;

8. Diagnosis and treatment of mental or emotional disorders and alcohol and other substance use disorders, including, without limitation, disorders of habit or conduct;

9. Psychological aspects of physical injury, illness, accident or disability; and

10. Evaluation, therapy, remediation and consultation relating to the academic performance of the patient.

(Added to NRS by 1985, 1906; A 1995, 2493; 1999, 204)

NRS 641.026 “Professional incompetence” defined. “Professional incompetence” means lack of ability to practice psychology safely and skillfully arising from:

1. Lack of knowledge or training;

2. Impaired physical or mental ability; or

3. Dependence upon an alcoholic beverage as defined in NRS 202.015 or any controlled substance.

(Added to NRS by 1985, 1906; A 1987, 483, 1570, 1577)

NRS 641.0263 “Psychological assistant” defined. “Psychological assistant” means a person registered with the Board as a psychological assistant pursuant to subsection 1 of NRS 641.226.

(Added to NRS by 2017, 2513)

NRS 641.0265 “Psychological intern” defined. “Psychological intern” means a person registered with the Board as a psychological intern pursuant to subsection 2 of NRS 641.226.

(Added to NRS by 2017, 2513)

NRS 641.0267 “Psychological trainee” defined. “Psychological trainee” means a person registered with the Board as a psychological trainee pursuant to subsection 3 of NRS 641.226.

(Added to NRS by 2017, 2513)

NRS 641.027 “Psychologist” defined. “Psychologist” means a person who:

1. Is a graduate of an academic program approved by the Board and is qualified to practice psychology by reason of education, practical training and experience determined by the Board to be satisfactory; and

2. Has received from the Board a license to practice psychology.

(Added to NRS by 1985, 1906; A 1989, 1540)

NRS 641.029 Applicability of chapter: Generally. The provisions of this chapter do not apply to:

1. A physician who is licensed to practice in this State;

2. A person who is licensed to practice dentistry in this State;

3. A person who is licensed as a marriage and family therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;

4. A person who is licensed as a clinical professional counselor or clinical professional counselor intern pursuant to chapter 641A of NRS;

5. A person who is licensed to engage in social work pursuant to chapter 641B of NRS;

6. A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to chapter 640A of NRS;

7. A person who is licensed as a clinical alcohol and drug counselor, licensed or certified as an alcohol and drug counselor or certified as an alcohol and drug counselor intern, a clinical alcohol and drug counselor intern, a problem gambling counselor or a problem gambling counselor intern, pursuant to chapter 641C of NRS;

8. A person who provides or supervises the provision of peer recovery support services in accordance with the provisions of NRS 433.622 to 433.641, inclusive;

9. A person who is licensed as a behavior analyst or an assistant behavior analyst or registered as a registered behavior technician pursuant to chapter 641D of NRS, while engaged in the practice of applied behavior analysis as defined in NRS 641D.080; or

10. Any member of the clergy,

Ê if such a person does not commit an act described in NRS 641.440 or represent himself or herself as a psychologist.

(Added to NRS by 1985, 1906; A 1987, 1122, 2123, 2134; 1989, 1540; 1991, 991; 1993, 1890; 1995, 2493; 1999, 1887, 3060; 2003, 1416; 2007, 3051; 2017, 4245; 2019, 2556; 2021, 807, 2833; 2023, 438)

NRS 641.0295 Applicability of chapter: Practice by nonresident psychologist as consultant. A psychologist, not a resident of Nevada and not licensed in Nevada, who is certified or licensed in another state whose requirements for certification or licensure are equivalent to the requirements of this chapter is not subject to the provisions of this chapter if the psychologist does not practice psychology in the State of Nevada for over 30 days in any 1 calendar year, and if the psychologist is invited as a consultant by a psychologist licensed in Nevada.

(Added to NRS by 1963, 190; A 1989, 1548)

BOARD OF PSYCHOLOGICAL EXAMINERS

NRS 641.030 Creation; number and appointment of members. The Board of Psychological Examiners, consisting of seven members appointed by the Governor, is hereby created.

(Added to NRS by 1963, 188; A 1977, 1258; 2009, 1481; 2017, 4246; 2019, 990)

NRS 641.035 Terms of members; limitation on consecutive terms. After the initial term, the Governor shall appoint each member of the Board to a term of 4 years. No member of the Board may serve more than two consecutive terms.

(Added to NRS by 1989, 1539; A 1991, 495)

NRS 641.040 Qualifications of members; conflict of interest.

1. The Governor shall appoint to the Board:

(a) Four members who are licensed psychologists in the State of Nevada with at least 5 years of experience in the practice of psychology after being licensed.

(b) One member who is a licensed psychologist in the State of Nevada with at least 5 years of experience in the practice of psychology after being licensed and who is a core faculty member at a doctorate-level program or internship location that is accredited by the American Psychological Association for at least 3 years before the time of appointment. If such a licensed psychologist is not available to serve, the Governor shall appoint one member who meets the requirements set forth in paragraph (a).

(c) One member who has resided in this State for at least 5 years and who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care.

(d) One member who is a representative of the general public.

2. A person is not eligible for appointment unless he or she is:

(a) A citizen of the United States; and

(b) A resident of the State of Nevada.

3. The member who is a representative of the general public must not be a psychologist, an applicant or a former applicant for licensure as a psychologist, a member of a health profession, the spouse or the parent or child, by blood, marriage or adoption, of a psychologist, or a member of a household that includes a psychologist.

4. Board members must not have any conflicts of interest or the appearance of such conflicts in the performance of their duties as members of the Board.

(Added to NRS by 1963, 188; A 1977, 1258; 1989, 1540; 2003, 1197; 2009, 1481; 2017, 4246; 2019, 990)

NRS 641.045 Required orientation for new members of Board; policies concerning compensation and performance review of staff. The Board shall:

1. Require each new member of the Board to complete orientation within 60 days after his or her appointment to the Board. The orientation must include, without limitation, instruction concerning:

(a) The purposes of the Board and the duties of its members;

(b) Applicable laws and regulations, including, without limitation, the provisions of NRS 641.230 to 641.320, inclusive, and the importance of complying with applicable laws and regulations in a timely manner; and

2. Establish policies concerning compensation and reviewing the performance of the staff of the Board.

(Added to NRS by 2017, 2235)

NRS 641.070 Meetings; quorum. The Board shall hold a regular meeting at least once a year. The Board shall hold a special meeting upon a call of the President or upon the request of a majority of the members. A majority of the Board constitutes a quorum.

(Added to NRS by 1963, 188; A 1999, 204)

NRS 641.080 Officers. At the regular annual meeting, the Board shall elect from its membership a President and a Secretary-Treasurer, who shall hold office for 1 year and until the election and qualification of their successors.

(Added to NRS by 1963, 188)

NRS 641.085 Seal. The Board shall procure a seal.

(Added to NRS by 1985, 1906)

NRS 641.090 Records: Duties of Secretary-Treasurer; custody and inspection; confidentiality; exceptions.

1. The Secretary-Treasurer shall make and keep on behalf of the Board:

(a) A record of all its meetings and proceedings.

(b) A record of all violations and prosecutions under the provisions of this chapter.

(d) A register of all licenses and registrations.

(e) A register of all holders of licenses and registrations.

(f) An inventory of the property of the Board and of the State in the Board’s possession.

2. These records must be kept in the office of the Board and, except as otherwise provided in this section, are subject to public inspection during normal working hours upon reasonable notice.

3. Except as otherwise provided in NRS 239.0115, the Board may keep the personnel records of applicants confidential.

4. Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

5. The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents and information considered by the Board when determining whether to impose discipline are public records.

6. The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

(Added to NRS by 1963, 188; A 1979, 1352; 1989, 1540; 2003, 3457; 2005, 787; 2007, 2144; 2019, 990)

NRS 641.100 Rules and regulations.

1. The Board shall adopt regulations:

(a) Prescribing uniform standards concerning the locations at which persons obtaining supervised experience that is required for licensure by the Board provide services;

(b) Authorizing the remote supervision, including, without limitation, electronic supervision, of persons obtaining supervised experience that is required for licensure by the Board who are working at remote sites and prescribing standards concerning such remote supervision; and

(c) Prescribing a manner by which the qualifications for the issuance or renewal of a license under the provisions of this chapter will be made available to the public such that those qualifications are clearly defined and easily understood.

2. The Board may make and promulgate any other rules and regulations not inconsistent with the provisions of this chapter governing its procedure, the examination and licensure of applicants, the granting, refusal, revocation or suspension of licenses, the registration of persons as psychological assistants, psychological interns or psychological trainees and the practice of psychology.

3. On the date that the Board gives notice pursuant to NRS 233B.060 of its intent to adopt, amend or repeal a regulation, the Board shall submit the regulation to the Commission on Behavioral Health for review. The Commission shall review the regulation and make recommendations to the Board concerning the advisability of adopting, amending or repealing the regulation and any changes that the Commission deems advisable.

(Added to NRS by 1963, 189; A 1989, 1541; 2009, 1482; 2011, 2615; 2015, 668; 2017, 2237, 2515, 4246; 2021, 3484)

NRS 641.110 General powers; prohibition on participation in preparing, conducting or grading examination.

1. The Board may, under the provisions of this chapter:

(a) Examine and pass upon the qualifications of the applicants for licensure.

(b) License qualified applicants.

(d) Revoke or suspend licenses and registrations.

(e) Collect all fees and make disbursements pursuant to this chapter.

2. The member of the Board who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the Board.

(Added to NRS by 1963, 189; A 1989, 1541; 2009, 1482; 2015, 668; 2017, 2515)

NRS 641.1105 Board may enter into agreement with Department of Health and Human Services for certain types of administrative assistance. The Board may enter into an agreement with the Department of Health and Human Services or a division thereof to provide services to carry out or improve any function of the Board. Such services may include, without limitation:

1. Assistance in processing applications for the issuance or renewal of licenses and registrations;

2. Technical assistance;

3. Facilitating cooperation with other boards and licensing entities in this State or any other jurisdiction;

4. Recommendations to improve and standardize procedures used by the Board; and

5. Assistance in identifying resources for improving the operations of the Board.

(Added to NRS by 2017, 2235; A 2019, 991)

NRS 641.111 Deposit and expenditure of money. All money coming into possession of the Board must be kept or deposited by the Secretary-Treasurer in banks, credit unions, savings and loan associations or savings banks in the State of Nevada to be expended for payment of compensation and expenses of board members and for other necessary or proper purposes in the administration of this chapter.

(Added to NRS by 1963, 194; A 1999, 1536)

NRS 641.112 Duty of psychologist to limit practice to areas of competence; enforcement; regulations.

1. A licensed psychologist shall limit his or her practice of psychology to his or her areas of competence, as documented by education, training and experience.

2. The Board shall ensure, by adopting regulations and enforcing the provisions of this chapter, that licensed psychologists limit their practice of psychology to their areas of competence.

(Added to NRS by 1989, 1539; A 1995, 2494; 2011, 93)

NRS 641.113 Registration of firm, partnership or corporation which engages in or offers to engage in practice of psychology; regulations; penalty. [Replaced in revision by NRS 641.2265.]

NRS 641.115 Offices; employees; prohibition on payment of expenses out of State General Fund.

1. The Board may:

(a) Maintain offices in as many localities in the State as it considers necessary to carry out the provisions of this chapter.

(b) Employ attorneys, investigators, consultants, hearings officers and employees necessary to the discharge of its duties.

2. Any expense incurred by the Board may not be paid out of the State General Fund.

(Added to NRS by 1985, 1906)

NRS 641.117 Forms for licensure. The Board shall prescribe forms for applying for the issuance or renewal of a license. The forms must:

1. Be available to be completed on the Internet website maintained by the Board;

2. Provide immediate, automatic feedback to the applicant concerning whether the applicant has submitted all required information; and

3. Automatically store the data submitted by the applicant upon completion of the application.

(Added to NRS by 2017, 2236)

NRS 641.125 Hearings and investigations; taking evidence. In a manner consistent with the provisions of chapter 622A of NRS, the Board may hold hearings and conduct investigations related to its duties under this chapter and take evidence on any matter under inquiry before it.

(Added to NRS by 1985, 1908; A 2005, 787)

NRS 641.135 Civil liability. A member of the Board or an employee or agent of the Board is not liable in a civil action for any act performed in good faith and within the scope of the duties of the Board pursuant to the provisions of this chapter.

(Added to NRS by 1989, 1539)

NRS 641.140 Salary of members; per diem allowance and travel expenses of members and employees; payment of compensation and expenses of members and employees.

1. Each member of the Board is entitled to receive:

(a) A salary of not more than $150 per day, as fixed by the Board, while engaged in the business of the Board; and

(b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

2. While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

3. Compensation and expenses of the members and employees of the Board are payable out of the money derived from fees paid or transmitted to the Board pursuant to the provisions of this chapter, and no part thereof may be paid out of the State Treasury.

(Added to NRS by 1963, 189; A 1975, 305; 1981, 1994; 1985, 1911; 1989, 1702; 2007, 2954)

NRS 641.145 Annual report to Joint Interim Standing Committee on Health and Human Services and Chairs of regional behavioral health policy boards.

1. On or before February 1 of each year, the Board shall submit to the Joint Interim Standing Committee on Health and Human Services and to the Chair of each regional behavioral health policy board created by NRS 433.429 a report which must include:

(a) The number of complaints received, investigations completed, cases dismissed, cases settled and cases for which hearings were held within the immediately preceding calendar year;

(b) The number of applications for the issuance or renewal of a license or registration received by the Board during the immediately preceding calendar year and the number of those applications for which the Board conducted additional review beyond the standard review regularly conducted by the Board; and

(c) The number of applications for the issuance of a license by endorsement received by the Board pursuant to NRS 641.196 during the immediately preceding calendar year, the number of those applications that were denied and the reasons for denial.

2. The report submitted pursuant to this section to the Chair of each regional behavioral health policy board created by NRS 433.429 may be submitted in a written format.

(Added to NRS by 2017, 2235; A 2019, 991; 2021, 3485)

LICENSING OF PSYCHOLOGISTS; REGISTRATION OF PSYCHOLOGICAL ASSISTANTS, PSYCHOLOGICAL INTERNS AND PSYCHOLOGICAL TRAINEES

NRS 641.160 Application and fee for license.

1. Each person desiring a license must:

(a) Make application to the Board upon a form, and in a manner, prescribed by the Board pursuant to NRS 641.117. The application must be accompanied by the application fee prescribed by the Board and include all information required to complete the application.

(b) As part of the application and at his or her own expense:

(1) Arrange to have a complete set of fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Board; and

(2) Submit to the Board:

(I) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background, and to such other law enforcement agencies as the Board deems necessary for a report on the applicant’s background; or

(II) Written verification, on a form prescribed by the Board, stating that the set of fingerprints of the applicant was taken and directly forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History and that the applicant provided written permission authorizing the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background, and to such other law enforcement agencies as the Board deems necessary for a report on the applicant’s background.

2. The Board may:

(a) Unless the applicant’s fingerprints are directly forwarded pursuant to sub-subparagraph (II) of subparagraph (2) of paragraph (b) of subsection 1, submit those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Board deems necessary; and

(b) Request from each agency to which the Board submits the fingerprints any information regarding the applicant’s background as the Board deems necessary.

3. An application is not considered complete and received for purposes of evaluation pursuant to subsection 2 of NRS 641.170 until the Board receives a complete set of fingerprints or verification that the fingerprints have been forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History, and written authorization from the applicant pursuant to this section.

(Added to NRS by 1963, 191; A 1989, 1541; 1997, 2153; 2005, 2756, 2807; 2009, 2988; 2017, 2237, 4246)

NRS 641.170 Qualifications of applicants for licensure; Board required to evaluate application and issue statement of determination; contents of statement.

1. Except as otherwise provided in NRS 641.196, each application for licensure as a psychologist must be accompanied by evidence satisfactory to the Board that the applicant:

(a) Is at least 21 years of age.

(b) Is of good moral character as determined by the Board.

(c) Has earned a doctorate in psychology from an accredited educational institution approved by the Board, or has other doctorate-level training from an accredited educational institution deemed equivalent by the Board in both subject matter and extent of training.

(d) Has at least 2 years of experience satisfactory to the Board, 1 year of which must be postdoctoral experience in accordance with the requirements established by regulations of the Board.

2. Except as otherwise provided in NRS 641.196, within 120 days after receiving an application and the accompanying evidence from an applicant, the Board shall:

(a) Evaluate the application and accompanying evidence and determine whether the applicant is qualified pursuant to this section for licensure; and

(b) Issue a written statement to the applicant of its determination.

3. The written statement issued to the applicant pursuant to subsection 2 must include:

(a) If the Board determines that the qualifications of the applicant are insufficient for licensure, a detailed explanation of the reasons for that determination.

(b) If the applicant for licensure as a psychologist has not earned a doctorate in psychology from an accredited educational institution approved by the Board and the Board determines that the doctorate-level training from an accredited educational institution is not equivalent in subject matter and extent of training, a detailed explanation of the reasons for that determination.

(Added to NRS by 1963, 191; A 1971, 221; 1977, 1567; 1987, 2081; 1989, 1541; 1995, 2494; 2009, 1482; 2011, 2615; 2015, 3029, 3908; 2017, 4247; 2019, 4301; 2021, 3485)

NRS 641.173 Application for license or registration: Submission of official transcripts by alternate means. If the Board requires an applicant for a license or registration pursuant to this chapter to submit official transcripts as proof of his or her educational qualifications, the Board must provide an alternate means for the applicant to submit official transcripts if:

1. The college or university from which the applicant graduated has closed or has merged with another institution; and

2. The provision of official transcripts by ordinary means is not available or possible.

(Added to NRS by 2021, 3484)

1. In addition to any other requirements set forth in this chapter:

(a) An applicant for the issuance of a license or registration shall include the social security number of the applicant in the application submitted to the Board.

(b) An applicant for the issuance or renewal of a license or registration shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

2. The Board shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the license or registration; or

(b) A separate form prescribed by the Board.

3. A license or registration may not be issued or renewed by the Board if the applicant:

(a) Fails to submit the statement required pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

(Added to NRS by 1997, 2152; A 2005, 2756, 2807; 2011, 94; 2015, 668; 2017, 2515)

1. In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license or registration shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

2. The Board shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the license or registration; or

(b) A separate form prescribed by the Board.

3. A license or registration may not be issued or renewed by the Board if the applicant:

(a) Fails to submit the statement required pursuant to subsection 1; or

(Added to NRS by 1997, 2152; A 2005, 2756, 2757, 2807; 2011, 94; 2015, 668; 2017, 2515, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

NRS 641.180 Examination of applicant for license as psychologist; waiver.

1. Except as otherwise provided in NRS 641.180, 641.190 and 641.196, each applicant for a license as a psychologist must pass the national examination. In addition to the national examination, the Board may require an examination in whatever applied or theoretical fields it deems appropriate.

2. The Board shall notify each applicant of the results of the national examination and any other examination required pursuant to subsection 1.

3. The Board may waive the requirement of the national examination for a person who:

(a) Is licensed in another state;

(b) Has at least 10 years’ experience; and

(c) Is a diplomate in the American Board of Professional Psychology or a fellow in the American Psychological Association, or who has other equivalent status as determined by the Board.

(Added to NRS by 1963, 191; A 1979, 1352; 1987, 2081; 1989, 1541; 1995, 2494; 1999, 205; 2009, 1483, 2989; 2015, 3031, 3910)

NRS 641.190 Licensing or limited practice authorization of psychologist licensed or certified in another state. The Board may:

1. Grant a license as a psychologist without any examination to any person certified or licensed by a board of psychological examiners of another state if the Board determines that the requirements in that state are at least equivalent to the requirements of this chapter.

2. Authorize a psychologist licensed or certified pursuant to the laws of another state to practice psychology for 1 year or less if the psychologist has:

(a) Made application to the Board for licensure;

(b) Met the requirements of education and experience for licensure in this State; and

(c) Not been disciplined in another state in connection with a license to practice psychology or has not committed any act in another state which is a violation of this chapter.

(Added to NRS by 1963, 191; A 1989, 1542; 1995, 2495; 2011, 95)

NRS 641.196 Expedited license by endorsement as psychologist: Requirements; procedure for issuance; provisional license pending action on application.

1. The Board may issue a license by endorsement as a psychologist to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license as a psychologist in the District of Columbia or any state or territory of the United States.

2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant:

(1) Satisfies the requirements of subsection 1;

(2) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license as a psychologist; and

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641.160;

(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

(d) The fee prescribed by the Board pursuant to NRS 641.228 for the issuance of an initial license; and

(e) Any other information required by the Board.

3. Not later than 15 business days after receiving an application for a license by endorsement as a psychologist pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as a psychologist to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.

4. A license by endorsement as a psychologist may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may, for any reason, grant a provisional license authorizing an applicant to practice as a psychologist in accordance with regulations adopted by the Board.

(Added to NRS by 2015, 3906; A 2017, 4249; 2019, 4303; 2021, 3486)

NRS 641.220 Renewal of license: Application; fee; declaration of areas of competence by psychologist; continuing education.

1. To renew a license issued pursuant to this chapter, each person must, on or before the first day of January of each odd-numbered year:

(a) Apply to the Board for renewal;

(b) Pay the biennial fee for the renewal of a license;

(c) Submit evidence to the Board of completion of the requirements for continuing education as set forth in regulations adopted by the Board; and

(d) Submit all information required to complete the renewal.

2. Upon renewing his or her license, a psychologist shall declare his or her areas of competence, as determined in accordance with NRS 641.112.

3. The Board shall, as a prerequisite for the renewal of a license, require each holder to comply with the requirements for continuing education adopted by the Board.

4. The requirements for continuing education adopted by the Board pursuant to subsection 3 must include, without limitation:

(a) A requirement that the holder of a license receive at least 2 hours of instruction on evidence-based suicide prevention and awareness or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate. The hours of instruction required by this paragraph must be completed within 2 years after initial licensure and at least every 4 years thereafter.

(b) A requirement that the holder of a license must biennially receive at least 6 hours of instruction relating to cultural competency and diversity, equity and inclusion. Such instruction:

(1) May include the training provided pursuant to NRS 449.103, where applicable.

(2) Must be based upon a range of research from diverse sources.

(3) Must address persons of different cultural backgrounds, including, without limitation:

(I) Persons from various gender, racial and ethnic backgrounds;

(II) Persons from various religious backgrounds;

(III) Lesbian, gay, bisexual, transgender and questioning persons;

(IV) Children and senior citizens;

(V) Veterans;

(VI) Persons with a mental illness;

(VII) Persons with an intellectual disability, developmental disability or physical disability; and

(VIII) Persons who are part of any other population that the holder of a license may need to better understand, as determined by the Board.

(Added to NRS by 1963, 192; A 1985, 548, 1911; 1989, 1542; 1995, 2495; 1997, 2153; 2005, 2757, 2807; 2011, 95; 2015, 669, 2286, 2287; 2017, 945, 947; 2021, 889; 2023, 1180)

1. The Board shall:

(a) Require each applicant for the renewal of a license as a psychologist to:

(1) Report whether he or she has received training in the treatment of mental and emotional trauma immediately following an emergency or disaster, training in the short-term treatment of mental and emotional trauma or training in the long-term treatment of mental and emotional trauma; and

(2) If the applicant has received training in the treatment of mental and emotional trauma immediately following an emergency or disaster, describe the training and indicate if he or she is willing to respond immediately should an emergency or disaster arise at any location in this State;

(b) Maintain a list of each licensed psychologist and any training described in subparagraph (1) of paragraph (a) that the licensee has received and update the list at least annually to include information reported pursuant to paragraph (a) by licensees who renewed their license during the immediately preceding year;

(c) Maintain a list of the names and contact information for psychologists who indicate that they are willing to respond immediately should an emergency or disaster arise at any location in this State and whom the Board has determined have appropriate training to respond following an emergency or disaster; and

(d) Provide the lists maintained pursuant to paragraphs (b) and (c) upon request to a governmental entity responding to a state of emergency or declaration of a disaster by the Governor or the Legislature pursuant to NRS 414.070.

2. The Board shall not deny the renewal of a license as a psychologist solely because the applicant has failed to comply with the requirements of paragraph (a) of subsection 1.

3. Except as otherwise provided in paragraph (d) of subsection 1, any information obtained or maintained by the Board pursuant to this section is confidential.

(Added to NRS by 2019, 4159)

1. The Board shall:

(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to NRS 439A.116 available to applicants for the renewal of a license or registration pursuant to this chapter through a link on the electronic application for the renewal of a license or registration; and

(b) Request each applicant to complete and electronically submit the data request to the Director.

2. The information provided by an applicant for the renewal of a license or registration pursuant to subsection 1 is confidential and, except as required by subsection 1, must not be disclosed to any person or entity.

3. An applicant for the renewal of a license or registration is not required to complete a data request pursuant to subsection 1 and is not subject to disciplinary action, including, without limitation, refusal to renew the license or registration, for failure to do so.

(Added to NRS by 2021, 807)

NRS 641.222 Automatic suspension of psychologist’s license for failure to pay biennial fee for renewal of license; reinstatement; notice of suspension.

1. The license of any person who fails to pay the biennial fee for the renewal of a license within 60 days after the date when it is due is automatically suspended. The Board may, within 2 years after the date the license is so suspended, reinstate the license upon payment to the Board of the amount of the then current biennial fee for the renewal of a license and the amount of the fee for the restoration of a license so suspended. If the license is not reinstated within 2 years, the Board may reinstate the license only if it also determines that the holder of the license is competent to practice psychology.

2. A notice must be sent to any person who fails to pay the biennial fee, informing the person that the license is suspended.

(Added to NRS by 1963, 193; A 1985, 1915; 1989, 1547; 1995, 2496)

NRS 641.225 Psychologist required to practice under name that appears on license; association with firm, partnership or corporation authorized under certain circumstances.

1. Except as otherwise provided in subsection 2, a psychologist may practice only under the name that appears on the license to practice psychology issued to the psychologist by the Board.

2. A psychologist may associate with a firm, partnership or corporation which engages in or offers to engage in the practice of psychology if:

(a) The firm, partnership or corporation is registered with the Board; and

(b) The name and license of each psychologist associated with the firm, partnership or corporation is displayed conspicuously at the place where he or she practices psychology.

(Added to NRS by 1995, 2492)

NRS 641.226 Registration: Application; fee; fingerprints; expiration; renewal; supervision; regulations.

1. A person who wishes to obtain any postdoctoral supervised experience that is required for licensure as a psychologist pursuant to paragraph (d) of subsection 1 of NRS 641.170 must register with the Board as a psychological assistant.

2. A person who:

(a) Is in a doctoral training program in psychology at an accredited educational institution approved by the Board or in doctorate-level training from an accredited educational institution deemed equivalent by the Board in both subject matter and extent of training; and

(b) Wishes to engage in a predoctoral internship pursuant to the requirements of the training program,

Ê may register with the Board as a psychological intern.

3. A person who:

(b) Wishes to perform professional activities or services under the supervision of a psychologist,

Ê may register with the Board as a psychological trainee.

4. A person desiring to register as a psychological assistant, psychological intern or psychological trainee must:

(a) Make application to the Board on a form, and in a manner, prescribed by the Board. The application must be accompanied by the application fee prescribed by the Board and include all information required to complete the application.

(b) As part of the application and at his or her own expense:

(1) Arrange to have a complete set of fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Board; and

(2) Submit to the Board:

(I) A complete set of fingerprints, a fee for the processing of fingerprints established by the Board and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background, and to such other law enforcement agencies as the Board deems necessary for a report on the applicant’s background; or

5. The Board may:

(a) Unless the applicant’s fingerprints are directly forwarded pursuant to sub-subparagraph (II) of subparagraph (2) of paragraph (b) of subsection 4, submit those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Board deems necessary; and

(b) Request from each agency to which the Board submits the fingerprints any information regarding the applicant’s background as the Board deems necessary.

6. An application for initial registration as a psychological assistant, psychological intern or psychological trainee is not considered complete and received until the Board receives:

(a) A complete set of fingerprints or verification that the fingerprints have been forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History, and written authorization from the applicant pursuant to this section; and

(b) The fee for the initial registration of a psychological assistant, psychological intern or psychological trainee that is prescribed by the Board pursuant to NRS 641.228.

7. A registration as a:

(a) Psychological assistant expires 1 year after the date of registration unless the registration is renewed pursuant to subsection 8. A registration as a psychological assistant may not be renewed if the renewal would cause the psychological assistant to be registered as a psychological assistant for more than 3 years unless otherwise approved by the Board.

(b) Psychological intern expires 2 years after the date of registration and may not be renewed unless otherwise approved by the Board.

(c) Psychological trainee expires 2 years after the date of registration unless the registration is renewed pursuant to subsection 8. A registration as a psychological trainee may not be renewed if the renewal would cause the psychological trainee to be registered as a psychological trainee for more than 5 years unless otherwise approved by the Board.

8. To renew a registration as a psychological assistant, psychological intern or psychological trainee, the registrant must, on or before the expiration of the registration:

(a) Apply to the Board for renewal;

(b) Pay the fee prescribed by the Board pursuant to NRS 641.228 for the renewal of a registration as a psychological assistant, psychological intern or psychological trainee; and

9. Any activity or service performed by a psychological assistant, psychological intern or psychological trainee must be performed under the supervision of a psychologist in accordance with regulations adopted by the Board.

(Added to NRS by 2017, 2513; A 2019, 993, 4304)

REGISTRATION OF FIRM, PARTNERSHIP OR CORPORATION ENGAGING OR OFFERING TO ENGAGE IN PRACTICE OF PSYCHOLOGY

NRS 641.2265 Requirement; regulations; penalty.

1. A firm, partnership or corporation which engages in or offers to engage in the practice of psychology shall register with the Board.

2. The Board shall adopt regulations which prescribe the requirements for such registration.

3. Any firm, partnership or corporation which violates the provisions of subsection 1 is guilty of a gross misdemeanor.

(Added to NRS by 1995, 2492)

PSYCHOLOGY INTERJURISDICTIONAL COMPACT

NRS 641.227 Text of Compact. The Psychology Interjurisdictional Compact, set forth in this section, is hereby enacted into law and entered into with all other jurisdictions substantially as follows:

ARTICLE I.

Purpose

Whereas, States license psychologists in order to protect the public through verification of education, training and experience and ensure accountability for professional practice; and

Whereas, This Compact is intended to regulate the day-to-day practice of telepsychology, including the provision of psychological services using telecommunication technologies, by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority; and

Whereas, This Compact is intended to regulate the temporary in-person face-to-face practice of psychology by psychologists across state boundaries for 30 days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority; and

Whereas, This Compact is intended to authorize state psychology regulatory authorities to afford legal recognition, in a manner consistent with the terms of the Compact, to psychologists licensed in another state; and

Whereas, This Compact recognizes that states have a vested interest in protecting the public’s health and safety through the licensing and regulation of psychologists and that such state regulation will best protect the public health and safety; and

Whereas, This Compact does not apply when a psychologist is licensed in both the home and receiving jurisdiction; and

Whereas, This Compact does not apply to permanent in-person, face-to-face practice, but it does allow for the authorization of temporary psychological practice.

Consistent with these principles, this Compact is designed to achieve the following purposes and objectives:

1. Increase public access to professional psychological services by allowing for telepsychological practice across state lines, as well as temporary in-person, face-to-face services, into a state which the psychologist is not licensed to practice psychology;

2. Enhance the states’ ability to protect the public’s health and safety, especially client/patient safety;

3. Encourage the cooperation of the compact states in the areas of psychology licensure and regulation;

4. Facilitate the exchange of information between the compact states regarding psychologist licensure, adverse actions and disciplinary history;

5. Promote compliance with the laws governing psychological practice in each compact state; and

6. Invest all compact states with the authority to hold licensed psychologists accountable through the mutual recognition of compact state licenses.

ARTICLE II.

Definitions

A. “Adverse action” means any action taken by a state psychology regulatory authority which finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record.

B. “Association of State and Provincial Psychology Boards (ASPPB)” means the recognized membership organization composed of state and provincial psychology regulatory authorities responsible for the licensure and registration of psychologists throughout the United States and Canada.

C. “Authority to practice interjurisdictional telepsychology” means a licensed psychologist’s authority to practice telepsychology, within the limits authorized under this Compact, in another compact state.

D. “Bylaws” means those bylaws established by the Psychology Interjurisdictional Compact Commission pursuant to Article X for its governance, or for directing and controlling its actions and conduct.

E. “Client/patient” means the recipient of psychological services, whether psychological services are delivered in the context of healthcare, corporate, supervision and/or consulting services.

F. “Commissioner” means the voting representative appointed by each state psychology regulatory authority pursuant to Article X.

G. “Compact state” means a state, the District of Columbia or United States territory that has enacted this Compact and which has not withdrawn pursuant to Article XIII, section C or been terminated pursuant to Article XII, section B.

H. “Coordinated Licensure Information System” or “Coordinated Database” means an integrated process for collecting, storing and sharing information on psychologists’ licensure and enforcement activities related to psychology licensure laws, which is administered by the recognized membership organization composed of the state psychology regulatory authorities.

I. “Confidentiality” means the principle that data or information is not made available or disclosed to unauthorized persons or processes.

J. “Day” means any part of a day in which psychological work is performed.

K. “Distant state” means the compact state where a psychologist is physically present, not through using telecommunications technologies, to provide temporary in-person, face-to-face psychological services.

L. “E.Passport” means a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that promotes the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines.

M. “Executive Board” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.

N. “Home state” means a compact state where a psychologist is licensed to practice psychology. If the psychologist is licensed in more than one compact state, and is practicing under the authorization to practice interjurisdictional telepsychology, the home state is the compact state where the psychologist was physically present when the telepsychological services were delivered. If the psychologist is licensed in more than one compact state and is practicing under the temporary authorization to practice, the home state is any compact state where the psychologist is licensed.

O. “Identity history summary” means a summary of information retained by the Federal Bureau of Investigation, or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization or military service.

P. “In-person, face-to-face” means interactions in which the psychologist and the client/patient are in the same physical space and which does not include interactions that may occur through the use of telecommunication technologies.

Q. “Interjurisdictional practice certificate (IPC)” means a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that grants temporary authority to practice based on notification to the state psychology regulatory authority of the intention to practice temporarily, and verification of one’s qualifications for such practice.

R. “License” means authorization by a state psychology regulatory authority to engage in the independent practice of psychology, which would be unlawful without the authorization.

S. “Noncompact state” means any state which is not at the time a compact state.

T. “Psychologist” means an individual licensed for the independent practice of psychology.

U. “Psychology Interjurisdictional Compact Commission” or “Commission” means the national administration of which all compact states are members.

V. “Receiving state” means a compact state where the client/patient is physically located when the telepsychological services are delivered.

W. “Rule” means a written statement by the Psychology Interjurisdictional Compact Commission promulgated pursuant to Article XI that is of general applicability, implements, interprets or prescribes a policy or provision of the Compact, or an organizational, procedural or practice requirement of the Commission and has the force and effect of statutory law in a compact state, and includes the amendment, repeal or suspension of an existing rule.

X. “Significant investigatory information” means:

1. Investigative information that a state psychology regulatory authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proven true, would indicate more than a violation of state statute or ethics code that would be considered more substantial than a minor infraction; or

2. Investigative information that indicates that the psychologist represents an immediate threat to the public health and safety, regardless of whether the psychologist has been notified or had an opportunity to respond.

Y. “State” means a state, commonwealth, territory or possession of the United States or the District of Columbia.

Z. “State psychology regulatory authority” means the board, office or other agency with the legislative mandate to license and regulate the practice of psychology.

AA. “Telepsychology” means the provision of psychological services using telecommunication technologies.

BB. “Temporary authorization to practice” means a licensed psychologist’s authority to conduct temporary in-person, face-to-face practice, within the limits authorized under this Compact, in another compact state.

CC. “Temporary in-person, face-to-face practice” means where a psychologist is physically present, not through using telecommunications technologies, in the distant state to provide for the practice of psychology for 30 days within a calendar year and based on notification to the distant state.

ARTICLE III.

Home State Licensure

A. The home state shall be a compact state where a psychologist is licensed to practice psychology.

B. A psychologist may hold one or more compact state licenses at a time. If the psychologist is licensed in more than one compact state, the home state is the compact state where the psychologist was physically present when the services were delivered as authorized by the authority to practice interjurisdictional telepsychology under the terms of this Compact.

C. Any compact state may require a psychologist not previously licensed in a compact state to obtain and retain a license to be authorized to practice in the compact state under circumstances not authorized by the authority to practice interjurisdictional telepsychology under the terms of this Compact.

D. Any compact state may require a psychologist to obtain and retain a license to be authorized to practice in a compact state under circumstances not authorized by the temporary authorization to practice under the terms of this Compact.

E. A home state’s license authorizes a psychologist to practice in a receiving state under the authority to practice interjurisdictional telepsychology only if the compact state:

1. Currently requires the psychologist to hold an active E.Passport;

2. Has a mechanism in place for receiving and investigating complaints about licensed individuals;

3. Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;

4. Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, or other designee with similar authority, not later than 10 years after activation of the Compact; and

5. Complies with the bylaws and rules of the Commission.

F. A home state’s license grants temporary authorization to practice to a psychologist in a distant state only if the compact state:

1. Currently requires the psychologist to hold an active IPC;

2. Has a mechanism in place for receiving and investigating complaints about licensed individuals;

3. Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;

5. Complies with the bylaws and rules of the Commission.

ARTICLE IV.

Compact Privilege to Practice Telepsychology

A. Compact states shall recognize the right of a psychologist, licensed in a compact state in conformance with Article III, to practice telepsychology in other compact states (receiving states) in which the psychologist is not licensed, under the authority to practice interjurisdictional telepsychology as provided in the Compact.

B. To exercise the authority to practice interjurisdictional telepsychology under the terms and provisions of this Compact, a psychologist licensed to practice in a compact state must:

1. Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:

a. Regionally accredited by an accrediting body recognized by the United States Department of Education to grant graduate degrees or authorized by provincial statute or royal charter to grant doctoral degrees; or

b. A foreign college or university deemed to be equivalent to 1(a) above by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; and

2. Hold a graduate degree in psychology that meets the following criteria:

a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program and such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists;

b. The psychology program must stand as a recognizable, coherent organizational entity within the institution;

c. There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;

d. The program must consist of an integrated, organized sequence of study;

e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;

f. The designated director of the program must be a psychologist and a member of the core faculty;

g. The program must have an identifiable body of students who are matriculated in that program for a degree;

h. The program must include supervised practicum, internship or field training appropriate to the practice of psychology;

i. The curriculum shall encompass a minimum of 3 academic years of full-time graduate study for doctoral degrees and a minimum of 1 academic year of full-time graduate study for master’s degrees; and

j. The program must include an acceptable residency as defined by the rules of the Commission;

3. Possess a current, full and unrestricted license to practice psychology in a home state which is a compact state;

4. Have no history of adverse action that violates the rules of the Commission;

5. Have no criminal record history reported on an identity history summary that violates the rules of the Commission;

6. Possess a current, active E.Passport;

7. Provide attestations in regard to areas of intended practice, conformity with standards of practice, competence in telepsychology technology, criminal background and knowledge and adherence to legal requirements in the home and receiving states, and provide a release of information to allow for primary source verification in a manner specified by the Commission; and

8. Meet other criteria as defined by the rules of the Commission.

C. The home state maintains authority over the license of any psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology.

D. A psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology will be subject to the receiving state’s scope of practice. A receiving state may, in accordance with that state’s due process law, limit or revoke a psychologist’s authority to practice interjurisdictional telepsychology in the receiving state and may take any other necessary actions under the receiving state’s applicable law to protect the health and safety of the receiving state’s citizens. If a receiving state takes action, the state shall promptly notify the home state and the Commission.

E. If a psychologist’s license in any home state or another compact state or any authority to practice interjurisdictional telepsychology in any receiving state is restricted, suspended or otherwise limited, the E.Passport shall be revoked and therefore the psychologist shall not be eligible to practice telepsychology in a compact state under the authority to practice interjurisdictional telepsychology.

ARTICLE V.

Compact Temporary Authorization to Practice

A. Compact states shall also recognize the right of a psychologist, licensed in a compact state in conformance with Article III, to practice temporarily in other compact states (distant states) in which the psychologist is not licensed, as provided in the Compact.

B. To exercise the temporary authorization to practice under the terms and provisions of this Compact, a psychologist licensed to practice in a compact state must:

1. Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:

2. Hold a graduate degree in psychology that meets the following criteria:

a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program and must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists;