§ 17-97-102 — Definitions - Levels of practice of psychology

(a) As used in this chapter: (1) "Forensic psychological assessment" means the practice of psychology when applied to scientific, technical, or specialized knowledge of psychology to the law to assist in addressing legal, contractual, and administrative matters, including without limitation: (A) Fitness to proceed evaluations; (B) Criminal responsibility and culpable mental state evaluations; (C) Hearings related to eligibility for death penalty for a person with an intellectual disability; (D) Mitigation evaluations; (E) Evaluations concerning a person's capacity to waive Miranda rights; (F) Civil damages, personal injury, disability, and worker's compensation evaluations; (G) Parental fitness and child custody evaluations; (H) Evaluations related to guardianship and testamentary capacity; and (I) Evaluation concerning juvenile transfers and waivers hearings; (2) (A) "Practice of psychology" means the observation, description, evaluation, interpretation, or modification of human behavior by a person who holds an advanced graduate degree in psychology and is trained in the application of psychological principles, methods, or procedures for one (1) or more of the following purposes: (i) Preventing or eliminating symptomatic, maladaptive, or undesired behavior; (ii) Enhancing interpersonal relationships, work and life adjustment, personal effectiveness, and behavioral and mental health; and (iii) Consulting, teaching, and research. (B) "Practice of psychology" includes without limitation: (i) Testing and measuring, that consist of the administration and interpretation of tests measuring personal characteristics, such as intelligence, personality, abilities, interests, aptitudes, achievements, motives, personality dynamics, psychoeducational processes, neuropsychological brain functioning, and other psychological attributes of individuals or groups; (ii) (a) Diagnosis and treatment of mental and emotional disorders, that consist of the appropriate diagnosis of mental disorders, behavior disorders, and brain dysfunctions, according to standards of the profession and the ordering or providing of treatments according to need. (b) Treatment includes without limitation providing: (1) Counseling; (2) Psychotherapy; (3) Marital and family therapy; (4) Group therapy; (5) Behavior therapy; (6) Psychoanalysis; (7) Hypnosis; (8) Biofeedback; (9) Other psychological interventions that aim to modify and adjust perceptions, habits, or conduct; and (10) The psychological aspects of physical illness, pain, injury, or disability; and (iii) Psychological consulting, which consists of: (a) Interpreting or reporting on scientific theory or research in psychology; (b) Rendering expert psychological opinion or clinical psychological opinion; (c) Evaluating and engaging in applied psychological research; (d) Program or organizational development; and (e) Administration, supervision, and evaluation of psychological services. (C) The practice of psychology may be rendered: (i) To individuals, families, groups, organizations, institutions, and the public; and (ii) Whether or not payment is received for services rendered. (3) "Psychological examiner" means a person who holds himself or herself out to be a psychological examiner or renders to individuals or to the public for remuneration of any service involving the practice of psychology either: (A) Independently interviewing or administering and interpreting tests of mental abilities, aptitudes, interests, and personality characteristics for the purposes of psychological evaluation to assist in the determination of diagnosis of mental health disorders or educational or vocational selection, guidance, or placement; or (B) Only under the supervision of a qualified psychologist if the service is not listed in subdivision (a)(2)(A) of this section; and (4) "Psychologist" means a person who holds himself or herself out to be a psychologist or renders to individuals or to the public for remuneration of any service involving the practice of psychology. (b) Unless the context otherwise requires, two (2) levels of psychological practice, psychological examiner and psychologist, are defined for the purpose of this chapter. (c) This section does not permit the practice of psychology to infringe on the practice of medicine as defined by the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.

Legislative History

Amended by Act 2023, No. 573,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 573,§ 1, eff. 8/1/2023. Amended by Act 2017, No. 252,§ 16, eff. 8/1/2017. Acts 1955, No. 129, § 2; A.S.A. 1947, § 72-1502; Acts 1995, No. 955, § 1; 2003, No. 1482, § 1; 2007, No. 505, § 1.