As Reported by the Senate Health, Human Services and Aging Committee

127th General Assembly Regular Session 2007-2008

Am. 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, Otterman, J., Budish, Combs, DeBose, DeGeeter, Domenick, Dyer, Foley, Gerberry, Harwood, Heydinger, Hughes, Luckie, Mallory, Oelslager, Patton, Schneider, Stewart, D., White, Yates 

Senator Miller, D. 

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A BILL

To amend sections 4732.10 and 5122.01 of the Revised

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Code regarding the experience and training

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requirements necessary for admission to

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examination for a psychologist license.

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

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;

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(2) Is of good moral character;

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(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

(iv) The national association of school psychologists.

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(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 postdoctorala	49
predoctoral internship.	50

The board shall maintain a record of each specific degree	51
program which it recognizes as acceptable for fulfilling the	52
requirement of division (B)(4) of this section and shall adopt	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;

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(3) Is of good moral character;

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(4) Is a citizen of the United States or has legally declared	66
histhe intention of becoming such;	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 post-doctorala predoctoral internship, in	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:

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(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