Assembly Bill No. 308–Assemblywoman Leslie

 

March 13, 2003

____________

 

Referred to Committee on Education

 

SUMMARY—Provides for endorsement as educational psychologist. (BDR 34‑950)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to educational personnel; requiring the Commission on Professional Standards in Education to adopt regulations providing for an endorsement in the field of educational psychology; prescribing the requirements and qualifications for the endorsement; authorizing an educational psychologist to engage in the private practice of educational psychology in addition to his employment with a school district; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 391 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2 to 6, inclusive, of this

1-3  act.

1-4  Sec. 2.  “Commission” means the Commission on

1-5  Professional Standards in Education.

1-6  Sec. 3.  “Educational psychologist” means a person who:

1-7  1.  Is qualified to engage in the practice of educational

1-8  psychology by reason of education, practical training and

1-9  experience determined by the Commission to be satisfactory; and

1-10      2.  Has received from the Commission an endorsement to

1-11  engage in the practice of educational psychology.

2-1  Sec. 4. “Practice of educational psychology” means

2-2  rendering or offering to render to natural persons, groups,

2-3  organizations or the general public any of the following services:

2-4  1.  Evaluation, diagnosis or test interpretation limited to

2-5  assessment of intellectual ability, learning patterns, achievement,

2-6  motivation or personality factors directly related to learning

2-7  problems in an educational setting.

2-8  2.  Counseling services for children or adults for amelioration

2-9  or prevention of educationally related learning problems.

2-10      3.  Educational or vocational consultation or direct

2-11  educational services, not including industrial consultation or

2-12  counseling services to clients undergoing vocational

2-13  rehabilitation.

2-14      Sec. 5.  1.  In addition to the requirements and

2-15  qualifications adopted by the Commission pursuant to NRS

2-16  391.019, an applicant for an endorsement as an educational

2-17  psychologist must:

2-18      (a) Hold an endorsement as a school psychologist issued

2-19  pursuant to this chapter;

2-20      (b) Have at least 5 years of experience as a school psychologist

2-21  in this state or another state;

2-22      (c) Except as otherwise provided in subsection 2, pass the

2-23  School Psychologist Test of the Praxis Series administered by

2-24  the Educational Testing Service with a passing score set by the

2-25  National Association of School Psychologists, or its successor

2-26  organization; and

2-27      (d) If required by regulation of the Commission, pass an oral

2-28  examination in applied or theoretical fields as the Commission

2-29  determines appropriate.

2-30      2.  The Commission may waive the requirement of a written

2-31  examination for a person who is currently certified as a Nationally

2-32  Certified School Psychologist by the National Association of

2-33  School Psychologists, or its successor organization.

2-34      3.  For the purposes of issuing an endorsement as an

2-35  educational psychologist to an applicant, a passing score on the

2-36  examination required by paragraph (c) of subsection 1 shall be

2-37  deemed valid regardless of when the applicant achieved the

2-38  passing score.

2-39      Sec. 6.  1.  An educational psychologist may use the title

2-40  “Educational Psychologist” or “Licensed Educational

2-41  Psychologist” in connection with activities relating to the practice

2-42  of educational psychology.

2-43      2.  Except as otherwise provided in this subsection, an

2-44  educational psychologist may, in addition to his employment with

2-45  a school district, engage in the private practice of educational

3-1  psychology for compensation. In no event may an educational

3-2  psychologist provide private services as an educational

3-3  psychologist for compensation to pupils assigned to him within the

3-4  course of his employment with a school district.

3-5  Sec. 7.  NRS 391.005 is hereby amended to read as follows:

3-6  391.005  As used in this chapter, unless the context otherwise

3-7  requires, [“Commission” means the Commission on Professional

3-8  Standards in Education.] the words and terms defined in sections 2,

3-9  3 and 4 of this act have the meanings ascribed to them in those

3-10  sections.

3-11      Sec. 8.  NRS 391.019 is hereby amended to read as follows:

3-12      391.019  1.  Except as otherwise provided in NRS 391.027,

3-13  the Commission:

3-14      (a) Shall adopt regulations:

3-15          (1) Prescribing the qualifications for licensing teachers and

3-16  other educational personnel and the procedures for the issuance and

3-17  renewal of such licenses.

3-18          (2) Identifying fields of specialization in teaching which

3-19  require the specialized training of teachers.

3-20          (3) Except as otherwise provided in NRS 391.125, requiring

3-21  teachers to obtain from the Department an endorsement in a field of

3-22  specialization to be eligible to teach in that field of specialization.

3-23          (4) Setting forth the educational requirements a teacher must

3-24  satisfy to qualify for an endorsement in each field of specialization.

3-25          (5) Setting forth the qualifications and requirements for

3-26  obtaining a license or endorsement to teach American Sign

3-27  Language.

3-28          (6) Setting forth the qualifications and requirements for

3-29  obtaining an endorsement as an educational psychologist

3-30  consistent with section 5 of this act.

3-31      (b) May adopt such other regulations as it deems necessary for

3-32  its own government or to carry out its duties.

3-33      2.  Any regulation which increases the amount of education,

3-34  training or experience required for licensing:

3-35      (a) Must, in addition to the requirements for publication in

3-36  chapter 233B of NRS, be publicized before its adoption in a manner

3-37  reasonably calculated to inform those persons affected by the

3-38  change.

3-39      (b) Must not become effective until at least 1 year after the date

3-40  it is adopted by the Commission.

3-41      (c) Is not applicable to a license in effect on the date the

3-42  regulation becomes effective.

3-43      Sec. 9.  NRS 391.019 is hereby amended to read as follows:

3-44      391.019  1.  Except as otherwise provided in NRS 391.027,

3-45  the Commission:

4-1  (a) Shall adopt regulations:

4-2       (1) Prescribing the qualifications for licensing teachers and

4-3  other educational personnel and the procedures for the issuance and

4-4  renewal of such licenses.

4-5       (2) Identifying fields of specialization in teaching which

4-6  require the specialized training of teachers.

4-7       (3) Except as otherwise provided in NRS 391.125, requiring

4-8  teachers to obtain from the Department an endorsement in a field of

4-9  specialization to be eligible to teach in that field of specialization.

4-10          (4) Setting forth the educational requirements a teacher must

4-11  satisfy to qualify for an endorsement in each field of specialization.

4-12          (5) Setting forth the qualifications and requirements for

4-13  obtaining a license or endorsement to teach American Sign

4-14  Language, including, without limitation, being qualified to engage

4-15  in the practice of interpreting pursuant to subsection 3 of

4-16  NRS 656A.100.

4-17          (6) Except as otherwise authorized by subsection 4 of NRS

4-18  656A.100, requiring teachers and other educational personnel to

4-19  satisfy the qualifications set forth in subsection 3 of NRS 656A.100

4-20  if they:

4-21             (I) Provide instruction or other educational services; and

4-22             (II) Concurrently engage in the practice of interpreting, as

4-23  defined in NRS [656A.040.] 656A.060.

4-24          (7) Setting forth the qualifications and requirements for

4-25  obtaining an endorsement as an educational psychologist

4-26  consistent with section 5 of this act.

4-27      (b) May adopt such other regulations as it deems necessary for

4-28  its own government or to carry out its duties.

4-29      2.  Any regulation which increases the amount of education,

4-30  training or experience required for licensing:

4-31      (a) Must, in addition to the requirements for publication in

4-32  chapter 233B of NRS, be publicized before its adoption in a manner

4-33  reasonably calculated to inform those persons affected by the

4-34  change.

4-35      (b) Must not become effective until at least 1 year after the date

4-36  it is adopted by the Commission.

4-37      (c) Is not applicable to a license in effect on the date the

4-38  regulation becomes effective.

4-39      Sec. 10.  NRS 432B.220 is hereby amended to read as follows:

4-40      432B.220  1.  Any person who is described in subsection 3

4-41  and who, in his professional or occupational capacity, knows or has

4-42  reasonable cause to believe that a child has been abused or neglected

4-43  shall:

5-1  (a) Except as otherwise provided in subsection 2, report the

5-2  abuse or neglect of the child to an agency which provides child

5-3  welfare services or to a law enforcement agency; and

5-4  (b) Make such a report as soon as reasonably practicable but not

5-5  later than 24 hours after the person knows or has reasonable cause to

5-6  believe that the child has been abused or neglected.

5-7  2.  If a person who is required to make a report pursuant to

5-8  subsection 1 knows or has reasonable cause to believe that the abuse

5-9  or neglect of the child involves an act or omission of:

5-10      (a) A person directly responsible or serving as a volunteer for or

5-11  an employee of a public or private home, institution or facility

5-12  where the child is receiving child care outside of his home for a

5-13  portion of the day, the person shall make the report to a law

5-14  enforcement agency.

5-15      (b) An agency which provides child welfare services or a law

5-16  enforcement agency, the person shall make the report to an agency

5-17  other than the one alleged to have committed the act or omission,

5-18  and the investigation of the abuse or neglect of the child must be

5-19  made by an agency other than the one alleged to have committed the

5-20  act or omission.

5-21      3.  A report must be made pursuant to subsection 1 by the

5-22  following persons:

5-23      (a) A physician, dentist, dental hygienist, chiropractor,

5-24  optometrist, podiatric physician, medical examiner, resident, intern,

5-25  professional or practical nurse, physician assistant, psychiatrist,

5-26  psychologist, educational psychologist, marriage and family

5-27  therapist, alcohol or drug abuse counselor, advanced emergency

5-28  medical technicianor other person providing medical services

5-29  licensed or certified in this state;

5-30      (b) Any personnel of a hospital or similar institution engaged in

5-31  the admission, examination, care or treatment of persons or an

5-32  administrator, manager or other person in charge of a hospital or

5-33  similar institution upon notification of suspected abuse or neglect of

5-34  a child by a member of the staff of the hospital;

5-35      (c) A coroner;

5-36      (d) A clergyman, practitioner of Christian Science or religious

5-37  healer, unless he has acquired the knowledge of the abuse or neglect

5-38  from the offender during a confession;

5-39      (e) A social worker and an administrator, teacher, librarian ,

5-40  psychologist or counselor of a school;

5-41      (f) Any person who maintains or is employed by a facility or

5-42  establishment that provides care for children, children’s camp or

5-43  other public or private facility, institution or agency furnishing care

5-44  to a child;

5-45      (g) Any person licensed to conduct a foster home;

6-1  (h) Any officer or employee of a law enforcement agency or an

6-2  adult or juvenile probation officer;

6-3  (i) An attorney, unless he has acquired the knowledge of the

6-4  abuse or neglect from a client who is or may be accused of the abuse

6-5  or neglect;

6-6  (j) Any person who maintains, is employed by or serves as a

6-7  volunteer for an agency or service which advises persons regarding

6-8  abuse or neglect of a child and refers them to persons and agencies

6-9  where their requests and needs can be met; and

6-10      (k) Any person who is employed by or serves as a volunteer for

6-11  an approved youth shelter. As used in this paragraph, “approved

6-12  youth shelter” has the meaning ascribed to it in NRS 244.422.

6-13      4.  A report may be made by any other person.

6-14      5.  If a person who is required to make a report pursuant to

6-15  subsection 1 knows or has reasonable cause to believe that a child

6-16  has died as a result of abuse or neglect, the person shall, as soon as

6-17  reasonably practicable, report this belief to the appropriate medical

6-18  examiner or coroner, who shall investigate the report and submit to

6-19  an agency which provides child welfare services his written

6-20  findings. The written findings must include, if obtainable, the

6-21  information required pursuant to the provisions of subsection 2 of

6-22  NRS 432B.230.

6-23      Sec. 11.  NRS 641.390 is hereby amended to read as follows:

6-24      641.390  1.  [A] Except as otherwise provided in this section,

6-25  a person shall not represent himself as a psychologist within the

6-26  meaning of this chapter or engage in the practice of psychology

6-27  unless he is licensed under the provisions of this chapter, except that

6-28  any psychological scientist employed by an accredited educational

6-29  institution or public agency which has set explicit standards may

6-30  represent himself by the title conferred upon him by such institution

6-31  or agency.

6-32      2.  This section does not grant approval for any person to offer

6-33  his services as a psychologist to any other person as a consultant,

6-34  and to accept remuneration for such psychological services, other

6-35  than that of his institutional salary, unless he has been licensed

6-36  under the provisions of this chapter.

6-37      3.  This chapter does not prevent the teaching of psychology or

6-38  psychological research, unless the teaching or research involves the

6-39  delivery or supervision of direct psychological services to a person.

6-40  Persons who have earned a doctoral degree in psychology from an

6-41  accredited educational institution may use the title “Psychologist” in

6-42  conjunction with the activities permitted by this subsection.

6-43      4.  A graduate student in psychology whose activities are part

6-44  of the course of study for a graduate degree in psychology at an

6-45  accredited educational institution or a person pursuing postdoctoral

7-1  training or experience in psychology to fulfill the requirements for

7-2  licensure under the provisions of this chapter may use the terms

7-3  “Psychological Trainee,” “Psychological Intern,” “Psychological

7-4  Resident” or “Psychological Assistant” if the activities are

7-5  performed under the supervision of a licensed psychologist in

7-6  accordance with the regulations adopted by the Board.

7-7  5.  A person who is certified as a school psychologist by the

7-8  State Board of Education may use the title “School Psychologist” or

7-9  “Certified School Psychologist” in connection with activities

7-10  relating to school psychologists.

7-11      6.  A person who holds an endorsement as an educational

7-12  psychologist may use the title “Educational Psychologist” or

7-13  “Licensed Educational Psychologist” in connection with activities

7-14  relating to the practice of educational psychology. As used in this

7-15  subsection:

7-16      (a) “Educational psychologist” has the meaning ascribed to it

7-17  in section 3 of this act.

7-18      (b) “Practice of educational psychology” has the meaning

7-19  ascribed to it in section 4 of this act.

7-20      Sec. 12.  1.  This section becomes effective on July 1, 2003.

7-21      2.  Section 8 of this act:

7-22      (a) Becomes effective on July 1, 2003, for the purpose of

7-23  adopting regulations and on January 1, 2004, for all other purposes.

7-24      (b) Expires by limitation on June 30, 2005.

7-25      3.  Sections 1 to 7, inclusive, 10 and 11 of this act become

7-26  effective on January 1, 2004.

7-27      4.  Section 9 of this act becomes effective on July 1, 2005.

 

7-28  H