§ 40-55-50 — Acts constituting practice as psychologist.

(A) A person practices as a psychologist within the meaning of this chapter when that person holds himself or herself out as a psychologist or applies the principles, methods, or procedures of psychology in the conduct of any of the following activities: (1) Assessment of individual, family, or group behavioral, emotional, and/or intellectual functioning for the purpose of one or more of the following: (a) diagnosing mental disorders; (b) identifying psychological or neuropsychological aspects of other dysfunctions, diseases, or disabilities; (c) evaluating mental or emotional status including intelligence and aptitude; (d) identifying personality characteristics; (e) identifying psychological factors influencing well-being; (f) selecting, placing, or referring into treatments, programs, or settings; (g) evaluating the effectiveness of treatments, programs, or settings; (h) preventing mental disorders or maladaptive behavior related to other dysfunction, disease, or disability. For purposes of this section, "assessment" refers to, but is not limited to, one or more of the following practices insofar as they involve the application of psychological principles, methods, or procedures: observation, description, testing, appraisal, evaluation, screening, test interpretation, interviewing, diagnosis of mental disorders, neuropsychological testing, psychological testing or evaluation or psycho-educational testing or evaluation, or a combination of any of these for any of the purposes identified in this item. (2) Engaging in a therapeutic relationship with an individual, family, or group for the purpose of one or more of the following: (a) improving the quality of mental health or social adjustment, or both; (b) reducing, preventing, modifying, or eliminating maladaptive or undesired behaviors, cognitions, emotions, or psychological or physical characteristics; (c) treating diagnosed mental disorders, whether treatment is focused on behavioral manifestations of the disorder, the environmental context of the disorder, or underlying causal processes; (d) improving individual performance; (e) modifying cognitions, emotions, or behaviors, or a combination of these, in order to influence psychological well-being; (f) psychological research; or (g) any combination of subitems (a) through (f). For purposes of this section, a "therapeutic relationship", except as provided for in Section 40-55-90, refers to, but is not limited to, one or more of the following practices insofar as they involve the application of psychological principles, methods, or procedures: psychotherapy, psychoanalysis, therapy, family therapy, marital therapy, couples therapy, play therapy, counseling, rehabilitation, intervention, hypnotherapy, biofeedback, behavior therapy, behavior modification, psychological counseling, human potential psychology, vocational counseling, school counseling, growth psychology, alcohol or substance abuse counseling, or both, or remediation, or a combination of any of these for any of the purposes identified in this item. (3) Engaging in a psychological consulting relationship with an individual organization, group or community, or a combination of these, for the purpose of: (a) designing or delivering psychological programs or services, or both; (b) evaluating psychological programs or services. For purposes of this section a "psychological consulting relationship" refers to, but is not limited to, one or more of the following practices insofar as they predominately involve the application of psychological principles, methods, or procedures: consulting, intervention, program evaluation, organizational psychology, environmental psychology, community psychology, and experimental psychology. (B) A person not otherwise exempt from this chapter is engaged in the practice of psychology when performing any of the activities enumerated in subsection (A), regardless of whether or not payment is received for the services. Specifically excluded from psychological practice within the meaning of this chapter are the physical, chemical, and nonbehavioral aspects of Chapter 47. Nothing in this chapter shall prohibit or limit a licensed physician in the practice of his profession as provided by law. (C) A person is deemed to be practicing as a psychologist within the meaning of this chapter if the person engages in any of the activities enumerated in subsection (A) electronically within this State including, but not limited to, by means of the internet, phone lines, and personal computer modems.

Legislative History

HISTORY: 1962 Code SECTION 56-1543.105; 1968 (55) 2412; 1998 Act No. 396, SECTION 4.