The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Am. H. B. No. 503 As Passed by the HouseAs Passed by the House
127th General Assembly | Regular Session | 2007-2008 |
| |
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
A BILL
To amend sections 4732.10 and 5122.01 of the Revised
Code regarding the experience and training
requirements necessary for admission to
examination for a psychologist license.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4732.10 and 5122.01 of the Revised
Code be amended to read as follows:
Sec. 4732.10. (A) The state board of psychology shall
appoint an entrance examiner who shall determine the sufficiency
of an applicant's qualifications for admission to the appropriate
examination.
(B) Requirements for admission to examination for a
psychologist license shall be that the applicant:
(1) Is at least twenty-one years of age;
(2) Is of good moral character;
(3) Is a citizen of the United States or has legally
declared
his the intention of becoming such;
(4) Has received from Meets the requirements of
division
(B)(4)(a), (b), (c), or (d) of this section:
(a) Received an earned doctoral degree from an institution
accredited or recognized by a national or regional accrediting
agency and a program accredited by any of
the following:
(i) The American psychological association, office of program
consultation and accreditation;
(ii) The accreditation office of the Canadian psychological
association;
(iii) A program listed by the association of state and
provincial psychology boards/national register designation
committee;
(iv) The national association of school psychologists.
(b) Received from an academic institution outside of the
United States or Canada a degree determined, under rules adopted
by the board under division (E) of this section, to be equivalent
to a doctoral degree in psychology from a program described in
division (B)(4)(a) of this section;
(c) Held a psychologist license, certificate, or registration
required for practice in another United States or Canadian
jurisdiction for a minimum of ten years and meets educational,
experience, and professional requirements established under rules
adopted by the board.
(d) Enrolled, not later than sixty days after the effective
date of this amendment, in an educational institution
accredited
or recognized by national or regional accrediting
agencies as
maintaining satisfactory standards and not later than eight years
after the effective date of this amendment received an earned
doctoral
degree in psychology, school psychology, or a doctoral
degree
deemed equivalent by the board;.
(5) Has had at least two years of supervised professional
experience in psychological work of a type satisfactory to the
board, at least one year of which must be postdoctoral a
predoctoral internship.
The board shall maintain a record of each specific degree
program which it recognizes as acceptable for fulfilling the
requirement of division (B)(4) of this section and shall adopt
guidelines for the kind of supervised professional experience
which fulfill the requirement of division (B)(5) of this section.
(C) Requirements for admission to examination for a school
psychologist license shall be that the applicant:
(1) Has received from an educational institution
accredited
or recognized by national or regional accrediting
agencies as
maintaining satisfactory standards, including those
approved by
the state board of education for the training of
school
psychologists, at least a master's degree in school
psychology, or
a degree considered equivalent by the board;
(2) Is at least twenty-one years of age;
(3) Is of good moral character;
(4) Is a citizen of the United States or has legally
declared
his the intention of becoming such;
(5) Has completed at least sixty quarter hours, or the
semester hours equivalent, at the graduate level, of accredited
study in course work relevant to the study of school psychology;
(6) Has completed an internship in an educational
institution
approved by the Ohio department of education for
school psychology
supervised experience or one year of other
training experience
acceptable to the board, such as supervised
professional
experience under the direction of a licensed
psychologist or
licensed school psychologist;
(7) Furnishes proof of at least twenty-seven months,
exclusive of internship, of full-time experience as a
certificated
school psychologist employed by a board of education
or a private
school meeting the standards prescribed by the state
board of
education, or of experience which the board deems
equivalent.
(D) If the entrance examiner finds that the applicant
meets
the requirements set forth in this section, the applicant
shall be
admitted to the appropriate examination.
(E) The board shall adopt under Chapter 119. of the Revised
Code rules for determining for the purposes of division (B)(4)(b)
of
this section whether a degree is equivalent to a degree in
psychology from an institution in the United States.
Sec. 5122.01. As used in this chapter and Chapter 5119. of
the Revised Code:
(A)
"Mental illness" means a substantial disorder of
thought,
mood, perception, orientation, or memory that grossly
impairs
judgment, behavior, capacity to recognize reality, or
ability to
meet the ordinary demands of life.
(B)
"Mentally ill person subject to hospitalization by
court
order" means a mentally ill person who, because of the
person's
illness:
(1) Represents a substantial risk of physical harm to
self
as
manifested by evidence of threats of, or
attempts at,
suicide
or
serious self-inflicted bodily harm;
(2) Represents a substantial risk of physical harm to
others
as manifested by evidence of recent homicidal or other
violent
behavior, evidence of recent threats that place another
in
reasonable fear of violent behavior and serious physical harm,
or
other evidence of present dangerousness;
(3) Represents a substantial and immediate risk of serious
physical impairment or injury to self as manifested by
evidence
that the person is unable to provide for and is not
providing
for
the person's basic physical needs because of
the person's mental
illness and
that appropriate provision for those needs cannot be
made
immediately available in the community; or
(4) Would benefit from treatment in a hospital for
the
person's mental illness and is in need of such treatment as
manifested by
evidence of behavior that creates a grave and
imminent risk to
substantial rights of others or
the
person.
(C)(1)
"Patient" means, subject to division
(C)(2) of this
section, a person who is admitted
either voluntarily
or
involuntarily to a hospital or other place under section 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised Code
subsequent to a
finding of not guilty by reason of insanity or incompetence to
stand trial or under this
chapter, who is under
observation or
receiving treatment in such place.
(2)
"Patient" does not include a person admitted to a
hospital or
other place under section 2945.39, 2945.40, 2945.401,
or 2945.402 of the Revised Code to the
extent that the reference
in this chapter to patient, or the context in which
the reference
occurs, is in conflict with any provision of sections 2945.37 to
2945.402 of the Revised Code.
(D)
"Licensed physician" means a person licensed under the
laws of this state to practice medicine or a medical officer of
the government of the United States while in this state in the
performance of the person's official duties.
(E)
"Psychiatrist" means a licensed physician who has
satisfactorily completed a residency training program in
psychiatry, as approved by the residency review committee of the
American medical association, the committee on post-graduate
education of the American osteopathic association, or the
American
osteopathic board of neurology and psychiatry, or who on
July 1,
1989, has been recognized as a psychiatrist by the Ohio
state
medical association or the Ohio osteopathic association on
the
basis of formal training and five or more years of medical
practice limited to psychiatry.
(F)
"Hospital" means a hospital or inpatient unit licensed
by
the department of mental health under section 5119.20 of the
Revised Code, and any institution, hospital, or other place
established, controlled, or supervised by the department under
Chapter 5119. of the Revised Code.
(G)
"Public hospital" means a facility that is
tax-supported
and under the jurisdiction of the department of
mental health.
(H)
"Community mental health agency" means any agency,
program, or facility with which a board of alcohol, drug
addiction, and mental health services contracts to provide the
mental health services listed in section 340.09 of the Revised
Code.
(I)
"Licensed clinical psychologist" means a person who
holds
a current valid psychologist license issued under section
4732.12
or 4732.15 of the Revised Code, and in addition, meets
either of
the following criteria:
(1) Meets the educational requirements set forth in
division
(B) of section 4732.10 of the Revised Code and has a
minimum of
two years' full-time professional experience, or the
equivalent as
determined by rule of the state board of
psychology, at least one
year of which shall be post-doctoral a predoctoral internship, in
clinical psychological
work in a public or private hospital or
clinic or in private
practice, diagnosing and treating problems
of
mental illness or
mental retardation under the supervision of
a
psychologist who is
licensed or who holds a diploma issued by
the
American board of
professional psychology, or whose
qualifications
are substantially
similar to those required for
licensure by the
state board of
psychology when the supervision
has occurred prior
to enactment of
laws governing the practice of
psychology;
(2) Meets the educational requirements set forth in
division
(B) of section 4732.15 of the Revised Code and has a
minimum of
four years' full-time professional experience, or the
equivalent
as determined by rule of the state board of
psychology, in
clinical psychological work in a public or private
hospital or
clinic or in private practice, diagnosing and
treating problems of
mental illness or mental retardation under
supervision, as set
forth in division (I)(1) of this section.
(J)
"Health officer" means any public health physician;
public health nurse; or other person authorized by or designated
by a city health district; a general health district; or a board
of alcohol, drug addiction, and mental health services to perform
the duties of a health officer under this chapter.
(K)
"Chief clinical officer" means the medical director of
a
hospital, or a community mental health agency, or a board of
alcohol, drug addiction, and mental health services, or, if there
is no medical director, the licensed physician responsible for
the
treatment a hospital or community mental health agency
provides.
The chief clinical officer may delegate to the
attending physician
responsible for a patient's care the duties
imposed on the chief
clinical officer by this chapter. Within a
community mental
health
agency, the chief clinical officer shall
be designated by
the
governing body of the agency and shall be a
licensed physician
or
licensed clinical psychologist who
supervises diagnostic and
treatment services. A licensed
physician or licensed clinical
psychologist designated by the
chief clinical officer may perform
the duties and accept the
responsibilities of the chief clinical
officer in
the chief
clinical officer's absence.
(L)
"Working day" or
"court day" means Monday, Tuesday,
Wednesday, Thursday, and Friday, except when such day is a
holiday.
(M)
"Indigent" means unable without deprivation of
satisfaction of basic needs to provide for the payment of an
attorney and other necessary expenses of legal representation,
including expert testimony.
(N)
"Respondent" means the person whose detention,
commitment, hospitalization, continued hospitalization or
commitment, or discharge is being sought in any proceeding under
this chapter.
(O)
"Legal rights service" means the service established
under section 5123.60 of the Revised Code.
(P)
"Independent expert evaluation" means an evaluation
conducted by a licensed clinical psychologist, psychiatrist, or
licensed physician who has been selected by the respondent or
the
respondent's counsel and who consents to conducting the
evaluation.
(Q)
"Court" means the probate division of the court of
common
pleas.
(1) The removal and destruction of court files and
records,
originals and copies, and the deletion of all index
references;
(2) The reporting to the person of the nature and extent
of
any information about
the person transmitted to any other
person
by
the court;
(3) Otherwise insuring that any examination of court files
and records in question shall show no record whatever with
respect
to the person;
(4) That all rights and privileges are restored, and that
the
person, the court, and any other person may properly reply
that no
such record exists, as to any matter expunged.
(S)
"Residence" means a person's physical presence in a
county with intent to remain there, except that:
(1) If a person
is receiving a mental health service at a
facility that includes
nighttime sleeping accommodations,
residence means that county in
which the person maintained
the
person's primary place of
residence at the
time
the person
entered
the facility;
(2) If a person is committed pursuant to
section 2945.38,
2945.39,
2945.40, 2945.401, or 2945.402 of the Revised
Code,
residence means the county where the criminal charges were filed.
When the residence of a person is disputed, the matter of
residence shall be referred to the department of mental health
for
investigation and determination. Residence shall not be a
basis
for a board's denying services to any person present in the
board's service district, and the board shall provide services
for
a person whose residence is in dispute while residence is
being
determined and for a person in an emergency situation.
(T)
"Admission" to a hospital or other place means that a
patient is accepted for and stays at least one night at the
hospital or other place.
(U)
"Prosecutor" means the prosecuting attorney, village
solicitor, city director of law, or similar chief legal officer
who prosecuted a criminal case in which a person was found not
guilty by reason of insanity, who would have had the authority to
prosecute a criminal case against a person if the person had not
been found incompetent to stand trial, or who prosecuted a case
in
which a person was found guilty.
(V)
"Treatment plan" means a written statement of
reasonable
objectives and goals for an individual established by
the
treatment team, with specific criteria to evaluate progress
towards achieving those objectives. The active participation of
the patient in establishing the objectives and goals shall be
documented. The treatment plan shall be based on patient needs
and
include services to be provided to the patient while
the
patient
is
hospitalized and after
the patient is discharged.
The
treatment
plan
shall address services to be provided upon
discharge,
including
but not limited to housing, financial, and
vocational
services.
(W)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(X)
"Post-release control sanction" has the same meaning as
in
section 2967.01 of the Revised Code.
Section 2. That existing section 4732.10 and 5122.01 of the
Revised Code are hereby repealed.
|
|