As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 503


Representatives Peterson, Letson 

Cosponsors: Representatives Evans, Bacon, Boyd, Yuko, Stebelton, Hagan, R., Williams, B., Beatty, Raussen, Huffman, Fende, Mecklenborg, Heard, Celeste, Brown, Strahorn 



A BILL
To amend sections 4732.10 and 5122.01 of the Revised 1
Code regarding the experience and training 2
requirements necessary for admission to 3
examination for a psychologist license.4


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 4723.10 and 5122.01 of the Revised 5
Code be amended to read as follows:6

       Sec. 4732.10.  (A) The state board of psychology shall7
appoint an entrance examiner who shall determine the sufficiency8
of an applicant's qualifications for admission to the appropriate9
examination.10

       (B) Requirements for admission to examination for a11
psychologist license shall be that the applicant:12

       (1) Is at least twenty-one years of age;13

       (2) Is of good moral character;14

       (3) Is a citizen of the United States or has legally declared 15
histhe intention of becoming such;16

       (4) Has received fromMeets the requirements of division 17
(B)(4)(a), (b), (c), or (d) of this section:18

       (a) Received an earned doctoral degree from an institution 19
accredited or recognized by a national or regional accrediting 20
agency and a program accredited by any of the following:21

       (i) The American psychological association, office of program 22
consultation and accreditation;23

       (ii) The accreditation office of the Canadian psychological 24
association;25

       (iii) A program listed by the association of state and 26
provincial psychology boards/national register designation 27
committee.28

       (b) Received from an academic institution outside of the 29
United States or Canada a degree determined, under rules adopted 30
by the board under division (E) of this section, to be equivalent 31
to a doctoral degree in psychology from a program described in 32
division (B)(4)(a) of this section;33

       (c) Held a psychologist license, certificate, or registration 34
required for practice in another United States or Canadian 35
jurisdiction for a minimum of ten years and meets educational, 36
experience, and professional requirements established under rules 37
adopted by the board.38

       (d) Enrolled, not later than sixty days after the effective 39
date of this amendment, in an educational institution accredited 40
or recognized by national or regional accrediting agencies as 41
maintaining satisfactory standards and not later than eight years 42
after the effective date of this amendment received an earned 43
doctoral degree in psychology, school psychology, or a doctoral 44
degree deemed equivalent by the board;.45

       (5) Has had at least two years of supervised professional46
experience in psychological work of a type satisfactory to the47
board, at least one year of which must be postdoctoral.48

       The board shall maintain a record of each specific degree49
program which it recognizes as acceptable for fulfilling the50
requirement of division (B)(4) of this section and shall adopt51
guidelines for the kind of supervised professional experience52
which fulfill the requirement of division (B)(5) of this section.53

       (C) Requirements for admission to examination for a school54
psychologist license shall be that the applicant:55

       (1) Has received from an educational institution accredited 56
or recognized by national or regional accrediting agencies as 57
maintaining satisfactory standards, including those approved by 58
the state board of education for the training of school 59
psychologists, at least a master's degree in school psychology, or 60
a degree considered equivalent by the board;61

       (2) Is at least twenty-one years of age;62

       (3) Is of good moral character;63

       (4) Is a citizen of the United States or has legally declared 64
histhe intention of becoming such;65

       (5) Has completed at least sixty quarter hours, or the66
semester hours equivalent, at the graduate level, of accredited67
study in course work relevant to the study of school psychology;68

       (6) Has completed an internship in an educational institution 69
approved by the Ohio department of education for school psychology 70
supervised experience or one year of other training experience 71
acceptable to the board, such as supervised professional 72
experience under the direction of a licensed psychologist or 73
licensed school psychologist;74

       (7) Furnishes proof of at least twenty-seven months,75
exclusive of internship, of full-time experience as a certificated 76
school psychologist employed by a board of education or a private 77
school meeting the standards prescribed by the state board of 78
education, or of experience which the board deems equivalent.79

       (D) If the entrance examiner finds that the applicant meets 80
the requirements set forth in this section, the applicant shall be 81
admitted to the appropriate examination.82

       (E) The board shall adopt under Chapter 119. of the Revised 83
Code rules for determining for the purposes of division (B)(4)(b) 84
of this section whether a degree is equivalent to a degree in 85
psychology from an institution in the United States.86

       Sec. 5122.01.  As used in this chapter and Chapter 5119. of87
the Revised Code:88

       (A) "Mental illness" means a substantial disorder of thought,89
mood, perception, orientation, or memory that grossly impairs90
judgment, behavior, capacity to recognize reality, or ability to91
meet the ordinary demands of life.92

       (B) "Mentally ill person subject to hospitalization by court93
order" means a mentally ill person who, because of the person's94
illness:95

       (1) Represents a substantial risk of physical harm to self as 96
manifested by evidence of threats of, or attempts at, suicide or 97
serious self-inflicted bodily harm;98

       (2) Represents a substantial risk of physical harm to others99
as manifested by evidence of recent homicidal or other violent100
behavior, evidence of recent threats that place another in101
reasonable fear of violent behavior and serious physical harm, or102
other evidence of present dangerousness;103

       (3) Represents a substantial and immediate risk of serious104
physical impairment or injury to self as manifested by evidence105
that the person is unable to provide for and is not providing for106
the person's basic physical needs because of the person's mental107
illness and that appropriate provision for those needs cannot be108
made immediately available in the community; or109

       (4) Would benefit from treatment in a hospital for the110
person's mental illness and is in need of such treatment as111
manifested by evidence of behavior that creates a grave and112
imminent risk to substantial rights of others or the person.113

       (C)(1) "Patient" means, subject to division (C)(2) of this114
section, a person who is admitted either voluntarily or115
involuntarily to a hospital or other place under section 2945.39,116
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a117
finding of not guilty by reason of insanity or incompetence to118
stand trial or under this chapter, who is under observation or119
receiving treatment in such place.120

       (2) "Patient" does not include a person admitted to a121
hospital or other place under section 2945.39, 2945.40, 2945.401,122
or 2945.402 of the Revised Code to the extent that the reference123
in this chapter to patient, or the context in which the reference124
occurs, is in conflict with any provision of sections 2945.37 to125
2945.402 of the Revised Code.126

       (D) "Licensed physician" means a person licensed under the127
laws of this state to practice medicine or a medical officer of128
the government of the United States while in this state in the129
performance of the person's official duties.130

       (E) "Psychiatrist" means a licensed physician who has131
satisfactorily completed a residency training program in132
psychiatry, as approved by the residency review committee of the133
American medical association, the committee on post-graduate134
education of the American osteopathic association, or the American135
osteopathic board of neurology and psychiatry, or who on July 1,136
1989, has been recognized as a psychiatrist by the Ohio state137
medical association or the Ohio osteopathic association on the138
basis of formal training and five or more years of medical139
practice limited to psychiatry.140

       (F) "Hospital" means a hospital or inpatient unit licensed by141
the department of mental health under section 5119.20 of the142
Revised Code, and any institution, hospital, or other place143
established, controlled, or supervised by the department under144
Chapter 5119. of the Revised Code.145

       (G) "Public hospital" means a facility that is tax-supported146
and under the jurisdiction of the department of mental health.147

       (H) "Community mental health agency" means any agency,148
program, or facility with which a board of alcohol, drug149
addiction, and mental health services contracts to provide the150
mental health services listed in section 340.09 of the Revised151
Code.152

       (I) "Licensed clinical psychologist" means a person who holds153
a current valid psychologist license issued under section 4732.12154
or 4732.15 of the Revised Code, and in addition, meets either of155
the following criteria:156

       (1) Meets the educational requirements set forth in division157
(B) of section 4732.10 of the Revised Code and has a minimum of158
two years' full-time professional experience, or the equivalent as159
determined by rule of the state board of psychology, at least one160
year of which shall be post-doctoral, in clinical psychological161
work in a public or private hospital or clinic or in private162
practice, diagnosing and treating problems of mental illness or163
mental retardation under the supervision of a psychologist who is164
licensed or who holds a diploma issued by the American board of165
professional psychology, or whose qualifications are substantially166
similar to those required for licensure by the state board of167
psychology when the supervision has occurred prior to enactment of168
laws governing the practice of psychology;169

       (2) Meets the educational requirements set forth in division170
(B) of section 4732.15 of the Revised Code and has a minimum of171
four years' full-time professional experience, or the equivalent172
as determined by rule of the state board of psychology, in173
clinical psychological work in a public or private hospital or174
clinic or in private practice, diagnosing and treating problems of175
mental illness or mental retardation under supervision, as set176
forth in division (I)(1) of this section.177

       (J) "Health officer" means any public health physician;178
public health nurse; or other person authorized by or designated179
by a city health district; a general health district; or a board180
of alcohol, drug addiction, and mental health services to perform181
the duties of a health officer under this chapter.182

       (K) "Chief clinical officer" means the medical director of a183
hospital, or a community mental health agency, or a board of184
alcohol, drug addiction, and mental health services, or, if there185
is no medical director, the licensed physician responsible for the186
treatment a hospital or community mental health agency provides.187
The chief clinical officer may delegate to the attending physician188
responsible for a patient's care the duties imposed on the chief189
clinical officer by this chapter. Within a community mental health 190
agency, the chief clinical officer shall be designated by the 191
governing body of the agency and shall be a licensed physician or 192
licensed clinical psychologist who supervises diagnostic and193
treatment services. A licensed physician or licensed clinical194
psychologist designated by the chief clinical officer may perform195
the duties and accept the responsibilities of the chief clinical196
officer in the chief clinical officer's absence.197

       (L) "Working day" or "court day" means Monday, Tuesday,198
Wednesday, Thursday, and Friday, except when such day is a199
holiday.200

       (M) "Indigent" means unable without deprivation of201
satisfaction of basic needs to provide for the payment of an202
attorney and other necessary expenses of legal representation,203
including expert testimony.204

       (N) "Respondent" means the person whose detention,205
commitment, hospitalization, continued hospitalization or206
commitment, or discharge is being sought in any proceeding under207
this chapter.208

       (O) "Legal rights service" means the service established209
under section 5123.60 of the Revised Code.210

       (P) "Independent expert evaluation" means an evaluation211
conducted by a licensed clinical psychologist, psychiatrist, or212
licensed physician who has been selected by the respondent or the 213
respondent's counsel and who consents to conducting the214
evaluation.215

       (Q) "Court" means the probate division of the court of common216
pleas.217

       (R) "Expunge" means:218

       (1) The removal and destruction of court files and records,219
originals and copies, and the deletion of all index references;220

       (2) The reporting to the person of the nature and extent of221
any information about the person transmitted to any other person 222
by the court;223

       (3) Otherwise insuring that any examination of court files224
and records in question shall show no record whatever with respect225
to the person;226

       (4) That all rights and privileges are restored, and that the 227
person, the court, and any other person may properly reply that no 228
such record exists, as to any matter expunged.229

       (S) "Residence" means a person's physical presence in a230
county with intent to remain there, except that:231

       (1) If a person is receiving a mental health service at a232
facility that includes nighttime sleeping accommodations,233
residence means that county in which the person maintained the234
person's primary place of residence at the time the person entered 235
the facility;236

       (2) If a person is committed pursuant to section 2945.38,237
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,238
residence means the county where the criminal charges were filed.239

       When the residence of a person is disputed, the matter of240
residence shall be referred to the department of mental health for241
investigation and determination. Residence shall not be a basis242
for a board's denying services to any person present in the243
board's service district, and the board shall provide services for244
a person whose residence is in dispute while residence is being245
determined and for a person in an emergency situation.246

       (T) "Admission" to a hospital or other place means that a247
patient is accepted for and stays at least one night at the248
hospital or other place.249

       (U) "Prosecutor" means the prosecuting attorney, village250
solicitor, city director of law, or similar chief legal officer251
who prosecuted a criminal case in which a person was found not252
guilty by reason of insanity, who would have had the authority to253
prosecute a criminal case against a person if the person had not254
been found incompetent to stand trial, or who prosecuted a case in255
which a person was found guilty.256

       (V) "Treatment plan" means a written statement of reasonable257
objectives and goals for an individual established by the258
treatment team, with specific criteria to evaluate progress259
towards achieving those objectives. The active participation of260
the patient in establishing the objectives and goals shall be261
documented. The treatment plan shall be based on patient needs and 262
include services to be provided to the patient while the patient 263
is hospitalized and after the patient is discharged. The treatment 264
plan shall address services to be provided upon discharge, 265
including but not limited to housing, financial, and vocational 266
services.267

       (W) "Community control sanction" has the same meaning as in268
section 2929.01 of the Revised Code.269

       (X) "Post-release control sanction" has the same meaning as270
in section 2967.01 of the Revised Code.271

       Section 2. That existing section 4723.10 and 5122.01 of the 272
Revised Code are hereby repealed.273