CHAPTER 43-32
PSYCHOLOGISTS
43-32-01. Definitions.
1.
"Board" means the North Dakota state board of psychologist examiners.
2.
"Industrial-organizational psychologist" means an individual who is licensed under<br>this chapter to engage in the practice of industrial-organizational psychology.
3.
"Industrial-organizational psychology" means the provision of psychological research<br>services or consultation services to a group or an organization. The term does not<br>include the delivery or supervision of services to individuals who are themselves,<br>rather than the group or organization, the intended beneficiaries of the services,<br>regardless of the source or extent of payment for services rendered.
4.
"Industrial-organizational psychology resident" means an individual who has met the<br>requirement of subdivision b of subsection 2 of section 43-32-20, is involved in<br>supervised employment in industrial-organizational psychology, and has registered<br>with the board.
5.
"Licensee" means an industrial-organizational psychologist or a psychologist.
6.
"Practice
of
psychology"
means
the
observation,
description,
evaluation,
interpretation, or modification of human behavior by the application of psychological<br>principles, methods, and procedures for the purpose of preventing or eliminating<br>symptomatic, maladaptive, or undesired behavior and enhancing interpersonal<br>relationships, work and life adjustment, personal effectiveness, behavioral health,<br>and mental health. The term includes psychological testing and the evaluation or<br>assessment of personal characteristics, such as intelligence, personality, abilities,<br>interests, aptitudes, and neuropsychological functioning; counseling, psychotherapy,<br>biofeedback, behavior analysis and therapy, clinical applications of hypnosis, and<br>other therapeutic techniques based on psychological principles; diagnosis and<br>treatment of mental and emotional disorder or disability, compulsive disorders,<br>disorders of habit or conduct as well as of the psychological aspects of physical<br>illness, accident, injury, or disability; and psychoeducational evaluation, therapy,<br>remediation, and consultation. The term includes providing psychological services<br>to individuals, families, groups, organizations, institutions, and the public regardless<br>of whether payment is received for services rendered.
The term includes
supervising others who are engaged in the practice of psychology.
7.
"Psychologist" means an individual who is licensed under this chapter in the practice<br>of psychology.
8.
"Psychology resident" means an individual who has met the requirement of<br>subdivision b of subsection 1 of section 43-32-20, is involved in supervised<br>psychological employment, and has registered with the board.
9.
"School or college" means any university or other institution of higher learning which<br>is accredited by a regional accrediting association, offering a full-time graduate<br>course of study in industrial-organizational psychology or psychology.
43-32-02. State board of psychologist examiners - How appointed - Qualifications.
The governor shall appoint a state board of psychologist examiners consisting of five members.<br>At least one member must be engaged primarily in providing service in psychology, and at least<br>one member must be engaged primarily in teaching, training, or research in psychology. Each<br>member must:
Page No. 1
1.
Be a resident of this state.
2.
Be a psychologist licensed under this chapter.
3.
Have received a doctorate degree in psychology from a school or college at least<br>five years before appointment.
4.
Have actively engaged in the practice of teaching or research of psychology for at<br>least five years.
43-32-03. Tenure of members - Vacancies and oath of office. The term of office of
each member of the board is three years and until a successor is appointed and qualified. The<br>governor shall fill all vacancies by appointment. In case of a vacancy before the expiration of a<br>term, the appointment must be for the remainder of the term only. An individual appointed to the<br>board qualifies by taking the oath required of civil officers.
43-32-04. Removal of members. The governor may remove any member of the board
for unprofessional conduct, incompetency, or neglect of duty after giving such member a written<br>statement of the reasons for removal and after such member has had an opportunity to be heard<br>thereon.
43-32-05. Compensation of members - Expenses of board and members.
Each
member of the board serves without compensation, but is entitled to receive mileage and travel<br>expenses while engaged in the performance of board duties as provided in section 54-06-09.<br>The secretary of the board is entitled to receive salary or other compensation and allowance for<br>clerical and other expenses of the board, as the board determines.
43-32-06. Officers of the board. The board shall elect annually a president and vice
president from its own number and a secretary who need not be a member of the board.
43-32-06.1.
Authority to appoint or employ.
The board may appoint or employ
persons to assist the board in carrying out its duties under this chapter.
43-32-07. Meetings of board - Seal of board. The board shall hold at least one regular
meeting each year. Additional meetings may be held upon call of the president or at the written<br>request of the governor or of any two members of the board. The meetings must be held at such<br>places as the board may designate. The board must have a seal.
43-32-08. Rules. The board may adopt rules as necessary to enable the board to carry
into effect the provisions of this chapter. The rules may include a code of ethics for licensees.<br>The board shall adopt rules defining what programs of study are substantially psychological in<br>nature; what educational programs are acceptable for the licensing of psychologists; and what<br>educational programs are acceptable for the licensing of industrial-organizational psychologists.<br>The educational program rules for industrial-organizational psychologists must take into account<br>the availability of professionally accredited programs in the field of industrial-organizational<br>psychology.
43-32-08.1.
Continuing education requirements.
The board shall adopt rules
establishing requirements for the continuing education of licensees, psychology residents, and<br>industrial-organizational psychology residents.
The board may refuse to renew, suspend,
revoke, or place on probationary status any license issued under this chapter if the licensee fails<br>to meet applicable continuing education requirements. Applicants for accreditation of continuing<br>education courses, classes, or activities may be charged a reasonable fee determined by the<br>board.
43-32-08.2.
Continuing education requirements - Renewal.
Absent a showing of
good cause, the board may not renew a license issued under this chapter without proof the<br>continuing education requirements under section 43-32-08.1 have been met.
An individual
whose license is not renewed because of failure to meet the continuing education requirements
Page No. 2
must be reinstated and the license renewed if, within one year from the date of nonrenewal, the<br>individual demonstrates to the secretary of the board the continuing education requirements have<br>been satisfied, pays the renewal fee, and pays a late fee to be determined by rule of the board.
43-32-09. Examination of qualifications of applicants. The board shall examine for,
deny, approve, revoke, suspend, and renew the licensing of applicants as provided under this<br>chapter.
43-32-10.
Power of board to administer oaths - Conduct hearings - Summon
witnesses - Take testimony. The members of the board and the secretary may administer<br>oaths. The board may summon witnesses as provided in chapter 28-32 and take testimony in all<br>matters relating to its duties, including the enforcement of the provisions and purposes of this<br>chapter and the rules adopted by the board.
43-32-11. Annual reports. Each year, the board may transmit to the governor, with a
copy thereof to the secretary of state and to the North Dakota psychological association, a full<br>report of all activities under this chapter, together with a report of all receipts and disbursements.
43-32-12. Application and license fee. The board shall adopt rules establishing the
amount of the application fee for licensure by written and oral examination and by reciprocity. A<br>fee is not refundable, in whole or in part, except for failure of the board to hold examinations at<br>the time originally announced, in which event the entire fee must be refunded upon demand by<br>the applicant.
43-32-13. Annual license and fee. Before January first of each year, every licensee
shall pay to the secretary of the board an annual license fee determined by the board not to<br>exceed one hundred fifty dollars. The secretary of the board, upon receipt of payment of the<br>annual license fee, shall issue the licensee a certificate of annual license. An individual may not<br>hold out as an industrial-organizational psychologist or a psychologist until the annual license fee<br>is paid. The board may deny renewal of the license of an individual who violates this section.<br>Annually, the board shall mail a renewal notice to each licensee at the address on file with the<br>board.
43-32-14. Payment of delinquent license fees - Reinstatement. An individual whose
license issued under this chapter was revoked for failure to pay the annual license fee must be<br>reinstated and the license renewed if, within one year from the date of revocation, the individual<br>pays to the secretary of the board the amount of the annual license fees in default and a late fee<br>in the amount of twenty dollars.
43-32-15. Deposit and disbursement of fees. Repealed by S.L. 1971, ch. 510, § 15.
43-32-16. Board to keep records.
1.
The board shall keep a record of its proceedings and a register of all applicants for<br>licensing which must show:
a.
The name, age, and residence of each applicant.
b.
The date of each applicant's application.
c.
The place of business of each applicant.
d.
A summary of the educational and other qualifications of each applicant.
e.
Whether an examination was required of an applicant.
f.
Whether a license was granted to an applicant.
g.
The date of the action of the board.
Page No. 3
h.
Any information the board determines necessary or advisable in aid of the<br>requirements of this subsection.
2.
Except as otherwise provided by law, the records of the board are public records and<br>evidence of the proceedings of the board, and a transcript of board proceedings,<br>duly certified by the secretary of the board, bearing the seal of the board, is<br>admissible in evidence with the same effect as if the original were produced.
43-32-17. License required for practice - Titles.
1.
Except as otherwise provided under this chapter, a person may not engage in the<br>practice of psychology unless that person is licensed as a psychologist or is<br>registered as a psychology resident under this chapter.
Except as otherwise
provided by this chapter, a person may not engage in the practice of<br>industrial-organizational psychology unless that person is licensed as a psychologist<br>or industrial-organizational psychologist or is registered as a psychology resident or<br>industrial-organizational psychology resident under this chapter.
2.
A person may not use the title "psychologist" or similar title unless that person is<br>licensed as a psychologist. A person may not use the titles "industrial psychologist",<br>"organizational psychologist", or "industrial-organizational psychologist" unless that<br>person is licensed as a psychologist or industrial-organizational psychologist.
3.
A person may not use the title "psychology resident" or similar title unless that<br>person is registered as a psychology resident.
A person may not use the titles
"industrial
psychology
resident",
"organizational
psychology
resident",
or
"industrial-organizational psychology resident" unless that person is registered as a<br>psychology resident or industrial-organizational psychology resident.
43-32-18.
Licensing of psychologists without examination - Qualifications of
applicants. Repealed by S.L. 1997, ch. 378, § 20.
43-32-19. Licensing applicants from other states. Repealed by S.L. 2009, ch. 376,
§ 11.
43-32-19.1. Licensing applicant licensed in other jurisdictions. The board may grant
a license to an applicant, licensed in good standing in another jurisdiction, who passes the oral<br>examination
on
the
law
and
rules
regulating
the
practice
of
psychology
and
industrial-organizational psychology, and meets one of the following requirements:
1.
The applicant is licensed in a jurisdiction that imposes requirements for licensure<br>which are at least as stringent as the requirements imposed in this state.
2.
The applicant holds a certificate of professional qualification in psychology issued by<br>the association of state and provincial psychology boards or its successor.
43-32-20. Licensing - Written and oral examination - Qualifications of applicants.
The board shall issue a license to each applicant who files an application upon a form and in a<br>manner the board prescribes, submits the required fee, and meets the requirements of<br>subsection 1 or 2.
1.
An applicant for licensure as a psychologist shall demonstrate all of the following:
a.
The applicant will adhere to the American psychological association ethical<br>principles of psychologists and code of conduct adopted by the board by rule.
b.
The applicant has received, from a school or college, a doctorate degree in a<br>program which meets any of the following requirements:
Page No. 4
(1)
The program is accredited by the American psychological association or<br>the Canadian psychological association.
(2)
The program is designated as a doctoral program in psychology by the<br>association of state and provincial psychology boards.
(3)
The program is accredited as a doctoral program in psychology by an<br>accrediting body approved by the board by rule.
c.
The applicant has passed the examinations, written, oral, or both, as the board<br>determines necessary.
d.
The applicant has completed at least two full years of supervised professional<br>experience, one year of which must be an internship program, and one year of<br>which may be postdoctoral. Both years of experience must comply with the<br>board's rules.
2.
An applicant for licensure as an industrial-organizational psychologist shall<br>demonstrate all of the following:
a.
The applicant will adhere to the American psychological association ethical<br>principles of psychologists and code of conduct adopted by the board by rule.
b.
The applicant has received, from a school or college, a doctorate degree in a<br>program of studies accredited by the American psychological association or an<br>accrediting body approved by the board by rule.
c.
The applicant has passed the examinations, written, oral, or both, as the board<br>determines necessary.
d.
The applicant has completed the professional experience requirements<br>established by the board. The requirements may not exceed the professional<br>experience requirements for psychologists.
If the professional experience
requirements include a supervised experience requirement:
(1)
The board must allow an applicant to submit to the board a personalized<br>plan for supervised experience which may include distance-supervision<br>by a qualified industrial-organizational psychologist.
(2)
The board may adopt rules to establish who is qualified to perform<br>supervision, supervision requirements, and reporting.
43-32-20.1.
Postdoctoral supervised psychological employment.
This section
applies
to
postdoctoral
supervised
employment
in
the
practice
of
psychology
and
industrial-organizational psychology. Supervision may only be performed by a psychologist or<br>industrial-organizational psychologist with a competency in supervision in professional<br>psychology in the area of practice being supervised.
Supervision must include at least two hours of regularly scheduled direct supervision a
week for full-time employment, one hour of which must be with the supervisor on a one-to-one<br>basis, either face-to-face or through distance communications. The remaining hour may be with<br>other professionals designated by the supervisor and competent in the area of practice being<br>supervised.
The board may prorate the two hours per week of supervision for individuals
preparing for licensure on a part-time basis.
The
board
may
adopt
rules
regarding
postdoctoral
psychology
and
industrial-organizational psychology supervision requirements and reporting.
Page No. 5
43-32-21. Consideration of application and notice to applicant. Upon investigation of
the application and other evidence submitted, the board, not less than thirty days before the<br>examination, shall notify each applicant that the application and evidence submitted for licensing<br>is satisfactory and accepted, or unsatisfactory and rejected. If rejected, the notice must state the<br>reasons for rejection and explain the right to a hearing under chapter 28-32, if a hearing is<br>requested within thirty days.
43-32-22. Time and place of examination. The time and place of examination must be
designated by the board and notice thereof must be given to each applicant. Such examinations<br>must be given annually and at such other times as in the opinion of the board the number of<br>applicants warrants.
43-32-23. Scope and grading of examination. The board shall determine the subject
and scope of specialized psychological areas and techniques for examination.
Written
examinations may be supplemented by oral examinations as the board may determine<br>necessary. The board shall determine an acceptable level of performance for each examination<br>and a majority decision of the board is required for the issuing of a license.
43-32-24. Notice to applicant of examination results and right to reexamination.
The board shall state in writing its reason for refusal of a license to any applicant who has been<br>so denied.
An applicant who fails the examination may be reexamined at a subsequent
examination upon again paying the required examination fee.
43-32-25.
Retention of examination records.
The board shall keep the written
examination score report, an accurate recording of the questions and answers relating to the oral<br>examinations, and the grade assigned to each answer thereof as a part of the board's records for<br>at least two years following the date of the examination. In addition, the board shall keep a<br>permanent record of all written examination score reports.
43-32-26. Issuance and display of license. The board is the sole agency empowered
to examine competence in the practice of psychology. A license certificate issued by the board<br>must show the full name of the licensee, have a serial number, be signed by the president of the<br>board, and be attested by the secretary under the board's adopted seal. The license issued by<br>the board under this chapter must be prominently displayed at the principal place of business at<br>which the licensee practices.
43-32-27. Denial - Revocation or suspension of license - Grounds.
1.
The board, after notice, hearing, and an affirmative vote of at least a majority of<br>board members, may withhold, deny, revoke, or suspend any license issued or<br>applied for under this chapter and may otherwise discipline a licensee or an<br>applicant upon proof the applicant or licensee:
a.
Has been convicted of an offense determined by the board to have a direct<br>bearing upon an individual's ability to serve the public as a psychologist or<br>industrial-organizational psychologist, or if the board finds, after the conviction<br>of any offense, that an individual is not sufficiently rehabilitated under section<br>12.1-33-02.1.
b.
Is unable to practice psychology with reasonable skill and safety to clients or<br>patients by reason of illness, inebriation, misuse of drugs, narcotics, alcohol,<br>chemicals, or any other substance, or as a result of any mental or physical<br>condition.
c.
Has
impersonated
another
individual
holding
a
psychology
or
industrial-organizational psychology license or allowed another person to use<br>the licensee's license.
Page No. 6
d.
Has used fraud or deception in applying for a license or in taking an<br>examination under this chapter.
e.
Has allowed the licensee's name or license issued under this chapter to be<br>used in connection with any person who performs psychological services<br>outside of the area of that person's training, experience, or competence.
f.
Is legally adjudicated insane or mentally incompetent.
The record of the
adjudication is conclusive evidence of that fact.
g.
Has engaged in any form of unethical conduct as defined in ethical principles of<br>psychologists and code of conduct of the American psychological association<br>adopted by the board by rule.
h.
Has
become
grossly
negligent
in
the
practice
of
psychology
or
industrial-organizational psychology.
i.
Has willfully or negligently violated this chapter.
j.
Has engaged in an act in violation of rules adopted by the board.
k.
Has had a license revoked or suspended or was disciplined in another<br>jurisdiction.
2.
An individual whose license has been revoked under this section may not reapply for<br>licensure for at least two years after the date of revocation.
43-32-27.1. Complaints - Investigations.
1.
A person aggrieved by the actions of a licensee may file a written complaint with the<br>board citing the specific allegations of misconduct by the licensee. The board shall<br>notify the licensee of the complaint and request a written response from the<br>licensee. The board may establish procedural exceptions for processing multiple<br>complaints from the same complainant.
2.
The board may investigate a complaint on the board's own motion, without requiring<br>the identity of the complainant to be made a matter of public record, if the board<br>concludes that good cause exists for preserving the confidentiality of the<br>complainant.
3.
A licensee who is the subject of an investigation by the board shall cooperate fully<br>with the investigation. Cooperation includes responding fully and promptly to any<br>reasonable question raised by or on behalf of the board relating to the subject of the<br>investigation and providing copies of patient or client records if reasonably requested<br>by the board and accompanied by the appropriate release.
4.
In order to pursue an investigation, the board may subpoena and examine witnesses<br>and records, including patient and client records, and may copy, photograph, or take<br>samples of the records. The board may require the licensee to give statements<br>under oath, to submit to a physical or psychological examination, or both, by a<br>physician or other qualified evaluation professional selected by the board, if requiring<br>an examination is in the best interest of the public. The patient and client records<br>released to the board are not public records.
5.
Unless a patient or client release is on file allowing the release of information at the<br>public hearing, patient and client records acquired by the board in the board's<br>investigation are confidential and closed to the public. All board meetings at which<br>patient or client testimony or records are taken or reviewed are confidential and<br>closed to the public.
If patient or client testimony or records are not taken or
Page No. 7
reviewed, the remainder of the meeting is an open meeting unless a specific<br>exemption is otherwise applicable.
43-32-28. Notice - Hearing - Findings of fact and order. Repealed by S.L. 1997,
ch. 378, § 20.
43-32-28.1. Hearing. All hearings must be conducted pursuant to chapter 28-32. For
purposes of a hearing, section 28-32-21 applies only to the licensee or applicant.
43-32-29. Appeal from decision of board. An appeal from the final decision of the
board in any matter covered by this chapter may be taken to the Burleigh County district court or<br>the aggrieved party's county of residence in accordance with chapter 28-32.
43-32-30. Persons exempt from this chapter. This chapter does not apply to:
1.
A
student
or
intern
pursuing
a
course
of
study
in
psychology
or
industrial-organizational psychology at a school or college, if the activities and<br>services are a part of the individual's supervised course of study and are under the<br>supervision of a licensed psychologist or industrial-organizational psychologist. The<br>student or intern shall not use the title "psychologist" or "industrial-organizational<br>psychologist" and the student or intern status shall be clearly stated.
2.
A nonresident licensed or certified in the state of the individual's residence who does<br>not practice psychology or industrial-organizational psychology in this state for a<br>period of more than thirty days in any calendar year.
3.
A lecturer, from any school or college, who uses an academic or research title when<br>lecturing to institutions or organizations. However, the lecturer may not engage in<br>the practice of psychology or industrial-organizational psychology unless the lecturer<br>is licensed under this chapter.
4.
An individual employed by a public school if that individual's activities and services<br>are restricted to the practice of psychology in the district or service unit of<br>employment. This exemption applies only if the individual has received a master's<br>degree in school psychology from an accredited graduate training program.<br>Standards must be established by mutual consent of the board and the<br>superintendent of public instruction.
5.
A person certified, licensed, or registered in this state in another health care<br>profession, or as a member of the clergy functioning in a ministerial capacity, whose<br>scope of practice is consistent with the accepted standards of that person's<br>profession.
A person claiming an exemption under this subsection may not
represent to be rendering psychological services.
6.
An applicant licensed to practice psychology or industrial-organizational psychology<br>in another jurisdiction, pending disposition of the applicant's application in this state,<br>if the applicant notifies the board on a form provided by the board of the applicant's<br>intent to practice pending disposition of the application and the applicant adheres to<br>the requirements of this chapter and the rules adopted by the board.
7.
A person employed by an agency, a nonprofit corporation, or an institution if that<br>person is currently exempt from licensure. A person exempt under this subsection<br>continues to be exempt if the person continues employment in the same position<br>with the agency, nonprofit corporation, or institution that applied for and received the<br>exemption.
43-32-31.
Violation - Penalty - Injunction.
Any person who violates any of the
provisions of this chapter is guilty of a class B misdemeanor. In addition to the criminal penalties
Page No. 8
provided, the civil remedy of injunction is available to restrain and enjoin violations of any<br>provisions of this chapter without proof of actual damages sustained by any person.
43-32-32.
Drugs - Medicine.
This chapter may not be construed as permitting a
licensee to administer or prescribe drugs, or in any manner engage in the practice of medicine as<br>defined by the laws of this state.
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Document Outline
chapter 43-32 psychologists
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