|
|
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 |
Section 1. That sections 4732.10 and 5122.01 of the Revised | 5 |
Code be amended to read as follows: | 6 |
Sec. 4732.10. (A) The state board of psychology shall | 7 |
appoint an entrance examiner who shall determine the sufficiency | 8 |
of an applicant's qualifications for admission to the appropriate | 9 |
examination. | 10 |
(B) Requirements for admission to examination for a | 11 |
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 |
16 |
(4) | 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 |
(iv) The national association of school psychologists. | 29 |
(b) Received from an academic institution outside of the | 30 |
United States or Canada a degree determined, under rules adopted | 31 |
by the board under division (E) of this section, to be equivalent | 32 |
to a doctoral degree in psychology from a program described in | 33 |
division (B)(4)(a) of this section; | 34 |
(c) Held a psychologist license, certificate, or registration | 35 |
required for practice in another United States or Canadian | 36 |
jurisdiction for a minimum of ten years and meets educational, | 37 |
experience, and professional requirements established under rules | 38 |
adopted by the board. | 39 |
(d) Enrolled, not later than sixty days after the effective | 40 |
date of this amendment, in an educational institution accredited | 41 |
or recognized by national or regional accrediting agencies as | 42 |
maintaining satisfactory standards and not later than eight years | 43 |
after the effective date of this amendment received an earned | 44 |
doctoral degree in psychology, school psychology, or a doctoral | 45 |
degree
deemed equivalent by the board | 46 |
(5) Has had at least two years of supervised professional | 47 |
experience in psychological work of a type satisfactory to the | 48 |
board, at least one year of which must be | 49 |
predoctoral internship. | 50 |
The board | 51 |
52 | |
53 | |
guidelines for the kind of supervised professional experience | 54 |
which fulfill the requirement of division (B)(5) of this section. | 55 |
(C) Requirements for admission to examination for a school | 56 |
psychologist license shall be that the applicant: | 57 |
(1) Has received from an educational institution accredited | 58 |
or recognized by national or regional accrediting agencies as | 59 |
maintaining satisfactory standards, including those approved by | 60 |
the state board of education for the training of school | 61 |
psychologists, at least a master's degree in school psychology, or | 62 |
a degree considered equivalent by the board; | 63 |
(2) Is at least twenty-one years of age; | 64 |
(3) Is of good moral character; | 65 |
(4) Is a citizen of the United States or has legally declared | 66 |
67 |
(5) Has completed at least sixty quarter hours, or the | 68 |
semester hours equivalent, at the graduate level, of accredited | 69 |
study in course work relevant to the study of school psychology; | 70 |
(6) Has completed an internship in an educational institution | 71 |
approved by the Ohio department of education for school psychology | 72 |
supervised experience or one year of other training experience | 73 |
acceptable to the board, such as supervised professional | 74 |
experience under the direction of a licensed psychologist or | 75 |
licensed school psychologist; | 76 |
(7) Furnishes proof of at least twenty-seven months, | 77 |
exclusive of internship, of full-time experience as a certificated | 78 |
school psychologist employed by a board of education or a private | 79 |
school meeting the standards prescribed by the state board of | 80 |
education, or of experience which the board deems equivalent. | 81 |
(D) If the entrance examiner finds that the applicant meets | 82 |
the requirements set forth in this section, the applicant shall be | 83 |
admitted to the appropriate examination. | 84 |
(E) The board shall adopt under Chapter 119. of the Revised | 85 |
Code rules for determining for the purposes of division (B)(4)(b) | 86 |
of this section whether a degree is equivalent to a degree in | 87 |
psychology from an institution in the United States. | 88 |
Sec. 5122.01. As used in this chapter and Chapter 5119. of | 89 |
the Revised Code: | 90 |
(A) "Mental illness" means a substantial disorder of thought, | 91 |
mood, perception, orientation, or memory that grossly impairs | 92 |
judgment, behavior, capacity to recognize reality, or ability to | 93 |
meet the ordinary demands of life. | 94 |
(B) "Mentally ill person subject to hospitalization by court | 95 |
order" means a mentally ill person who, because of the person's | 96 |
illness: | 97 |
(1) Represents a substantial risk of physical harm to self as | 98 |
manifested by evidence of threats of, or attempts at, suicide or | 99 |
serious self-inflicted bodily harm; | 100 |
(2) Represents a substantial risk of physical harm to others | 101 |
as manifested by evidence of recent homicidal or other violent | 102 |
behavior, evidence of recent threats that place another in | 103 |
reasonable fear of violent behavior and serious physical harm, or | 104 |
other evidence of present dangerousness; | 105 |
(3) Represents a substantial and immediate risk of serious | 106 |
physical impairment or injury to self as manifested by evidence | 107 |
that the person is unable to provide for and is not providing for | 108 |
the person's basic physical needs because of the person's mental | 109 |
illness and that appropriate provision for those needs cannot be | 110 |
made immediately available in the community; or | 111 |
(4) Would benefit from treatment in a hospital for the | 112 |
person's mental illness and is in need of such treatment as | 113 |
manifested by evidence of behavior that creates a grave and | 114 |
imminent risk to substantial rights of others or the person. | 115 |
(C)(1) "Patient" means, subject to division (C)(2) of this | 116 |
section, a person who is admitted either voluntarily or | 117 |
involuntarily to a hospital or other place under section 2945.39, | 118 |
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a | 119 |
finding of not guilty by reason of insanity or incompetence to | 120 |
stand trial or under this chapter, who is under observation or | 121 |
receiving treatment in such place. | 122 |
(2) "Patient" does not include a person admitted to a | 123 |
hospital or other place under section 2945.39, 2945.40, 2945.401, | 124 |
or 2945.402 of the Revised Code to the extent that the reference | 125 |
in this chapter to patient, or the context in which the reference | 126 |
occurs, is in conflict with any provision of sections 2945.37 to | 127 |
2945.402 of the Revised Code. | 128 |
(D) "Licensed physician" means a person licensed under the | 129 |
laws of this state to practice medicine or a medical officer of | 130 |
the government of the United States while in this state in the | 131 |
performance of the person's official duties. | 132 |
(E) "Psychiatrist" means a licensed physician who has | 133 |
satisfactorily completed a residency training program in | 134 |
psychiatry, as approved by the residency review committee of the | 135 |
American medical association, the committee on post-graduate | 136 |
education of the American osteopathic association, or the American | 137 |
osteopathic board of neurology and psychiatry, or who on July 1, | 138 |
1989, has been recognized as a psychiatrist by the Ohio state | 139 |
medical association or the Ohio osteopathic association on the | 140 |
basis of formal training and five or more years of medical | 141 |
practice limited to psychiatry. | 142 |
(F) "Hospital" means a hospital or inpatient unit licensed by | 143 |
the department of mental health under section 5119.20 of the | 144 |
Revised Code, and any institution, hospital, or other place | 145 |
established, controlled, or supervised by the department under | 146 |
Chapter 5119. of the Revised Code. | 147 |
(G) "Public hospital" means a facility that is tax-supported | 148 |
and under the jurisdiction of the department of mental health. | 149 |
(H) "Community mental health agency" means any agency, | 150 |
program, or facility with which a board of alcohol, drug | 151 |
addiction, and mental health services contracts to provide the | 152 |
mental health services listed in section 340.09 of the Revised | 153 |
Code. | 154 |
(I) "Licensed clinical psychologist" means a person who holds | 155 |
a current valid psychologist license issued under section 4732.12 | 156 |
or 4732.15 of the Revised Code, and in addition, meets either of | 157 |
the following criteria: | 158 |
(1) Meets the educational requirements set forth in division | 159 |
(B) of section 4732.10 of the Revised Code and has a minimum of | 160 |
two years' full-time professional experience, or the equivalent as | 161 |
determined by rule of the state board of psychology, at least one | 162 |
year of which shall be | 163 |
clinical psychological work in a public or private hospital or | 164 |
clinic or in private practice, diagnosing and treating problems of | 165 |
mental illness or mental retardation under the supervision of a | 166 |
psychologist who is licensed or who holds a diploma issued by the | 167 |
American board of professional psychology, or whose qualifications | 168 |
are substantially similar to those required for licensure by the | 169 |
state board of psychology when the supervision has occurred prior | 170 |
to enactment of laws governing the practice of psychology; | 171 |
(2) Meets the educational requirements set forth in division | 172 |
(B) of section 4732.15 of the Revised Code and has a minimum of | 173 |
four years' full-time professional experience, or the equivalent | 174 |
as determined by rule of the state board of psychology, in | 175 |
clinical psychological work in a public or private hospital or | 176 |
clinic or in private practice, diagnosing and treating problems of | 177 |
mental illness or mental retardation under supervision, as set | 178 |
forth in division (I)(1) of this section. | 179 |
(J) "Health officer" means any public health physician; | 180 |
public health nurse; or other person authorized by or designated | 181 |
by a city health district; a general health district; or a board | 182 |
of alcohol, drug addiction, and mental health services to perform | 183 |
the duties of a health officer under this chapter. | 184 |
(K) "Chief clinical officer" means the medical director of a | 185 |
hospital, or a community mental health agency, or a board of | 186 |
alcohol, drug addiction, and mental health services, or, if there | 187 |
is no medical director, the licensed physician responsible for the | 188 |
treatment a hospital or community mental health agency provides. | 189 |
The chief clinical officer may delegate to the attending physician | 190 |
responsible for a patient's care the duties imposed on the chief | 191 |
clinical officer by this chapter. Within a community mental health | 192 |
agency, the chief clinical officer shall be designated by the | 193 |
governing body of the agency and shall be a licensed physician or | 194 |
licensed clinical psychologist who supervises diagnostic and | 195 |
treatment services. A licensed physician or licensed clinical | 196 |
psychologist designated by the chief clinical officer may perform | 197 |
the duties and accept the responsibilities of the chief clinical | 198 |
officer in the chief clinical officer's absence. | 199 |
(L) "Working day" or "court day" means Monday, Tuesday, | 200 |
Wednesday, Thursday, and Friday, except when such day is a | 201 |
holiday. | 202 |
(M) "Indigent" means unable without deprivation of | 203 |
satisfaction of basic needs to provide for the payment of an | 204 |
attorney and other necessary expenses of legal representation, | 205 |
including expert testimony. | 206 |
(N) "Respondent" means the person whose detention, | 207 |
commitment, hospitalization, continued hospitalization or | 208 |
commitment, or discharge is being sought in any proceeding under | 209 |
this chapter. | 210 |
(O) "Legal rights service" means the service established | 211 |
under section 5123.60 of the Revised Code. | 212 |
(P) "Independent expert evaluation" means an evaluation | 213 |
conducted by a licensed clinical psychologist, psychiatrist, or | 214 |
licensed physician who has been selected by the respondent or the | 215 |
respondent's counsel and who consents to conducting the | 216 |
evaluation. | 217 |
(Q) "Court" means the probate division of the court of common | 218 |
pleas. | 219 |
(R) "Expunge" means: | 220 |
(1) The removal and destruction of court files and records, | 221 |
originals and copies, and the deletion of all index references; | 222 |
(2) The reporting to the person of the nature and extent of | 223 |
any information about the person transmitted to any other person | 224 |
by the court; | 225 |
(3) Otherwise insuring that any examination of court files | 226 |
and records in question shall show no record whatever with respect | 227 |
to the person; | 228 |
(4) That all rights and privileges are restored, and that the | 229 |
person, the court, and any other person may properly reply that no | 230 |
such record exists, as to any matter expunged. | 231 |
(S) "Residence" means a person's physical presence in a | 232 |
county with intent to remain there, except that: | 233 |
(1) If a person is receiving a mental health service at a | 234 |
facility that includes nighttime sleeping accommodations, | 235 |
residence means that county in which the person maintained the | 236 |
person's primary place of residence at the time the person entered | 237 |
the facility; | 238 |
(2) If a person is committed pursuant to section 2945.38, | 239 |
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code, | 240 |
residence means the county where the criminal charges were filed. | 241 |
When the residence of a person is disputed, the matter of | 242 |
residence shall be referred to the department of mental health for | 243 |
investigation and determination. Residence shall not be a basis | 244 |
for a board's denying services to any person present in the | 245 |
board's service district, and the board shall provide services for | 246 |
a person whose residence is in dispute while residence is being | 247 |
determined and for a person in an emergency situation. | 248 |
(T) "Admission" to a hospital or other place means that a | 249 |
patient is accepted for and stays at least one night at the | 250 |
hospital or other place. | 251 |
(U) "Prosecutor" means the prosecuting attorney, village | 252 |
solicitor, city director of law, or similar chief legal officer | 253 |
who prosecuted a criminal case in which a person was found not | 254 |
guilty by reason of insanity, who would have had the authority to | 255 |
prosecute a criminal case against a person if the person had not | 256 |
been found incompetent to stand trial, or who prosecuted a case in | 257 |
which a person was found guilty. | 258 |
(V) "Treatment plan" means a written statement of reasonable | 259 |
objectives and goals for an individual established by the | 260 |
treatment team, with specific criteria to evaluate progress | 261 |
towards achieving those objectives. The active participation of | 262 |
the patient in establishing the objectives and goals shall be | 263 |
documented. The treatment plan shall be based on patient needs and | 264 |
include services to be provided to the patient while the patient | 265 |
is hospitalized and after the patient is discharged. The treatment | 266 |
plan shall address services to be provided upon discharge, | 267 |
including but not limited to housing, financial, and vocational | 268 |
services. | 269 |
(W) "Community control sanction" has the same meaning as in | 270 |
section 2929.01 of the Revised Code. | 271 |
(X) "Post-release control sanction" has the same meaning as | 272 |
in section 2967.01 of the Revised Code. | 273 |
Section 2. That existing section 4732.10 and 5122.01 of the | 274 |
Revised Code are hereby repealed. | 275 |