§ 63-11-206 — Unlicensed practice - Penalties - Supervised practice - Evaluation techniques - Temporary licenses - Provisional licenses

Tennessee § 63-11-206

• Jurisdiction: Tennessee
• Title: 63

Text

(a) Any person who engages in the practice of psychology and does not then possess in full force and virtue a valid license to practice as a psychological examiner, psychologist, or senior psychological examiner, or a valid certificate to practice as a psychological assistant or psychological testing technician, under this chapter and chapter 1 of this title commits a Class B misdemeanor. (b) This chapter does not prevent members of other recognized professions that are licensed, certified, or regulated under the laws of this state from rendering services consistent with their professional training and code of ethics as long as they do not represent themselves to be psychologists, psychological examiners, senior psychological examiners, certified psychological assistants, or certified psychological testing technicians. Duly recognized members of the clergy are not restricted from functioning in their ministerial capacity as long as they do not represent themselves to be psychologists, psychological examiners, senior psychological examiners, certified psychological assistants, or certified psychological testing technicians. (c) (1) Students of psychology, psychological interns and other persons preparing for the profession of psychological examiner, psychologist, senior psychological examiner, certified psychological assistant, or certified psychological testing technician may perform as a part of their training the functions in §§ 63-11-202 and 63-11-203 , but only under qualified supervision. (2) A person practices as a "certified psychological assistant" within the meaning of this chapter when the person claims to be a certified psychological assistant and/or renders to individuals or to the public for remuneration any service involving the application of recognized principles, methods and procedures of the science and profession of psychology and only under the direct employment and supervision of either the psychologist or senior psychological examiner employing the certified psychological assistant or the employing community mental health center or state governmental agency. Any and all work performed by a certified psychological assistant is supervised by a psychologist or senior psychological examiner as determined by the board. (3) A person practices as a "certified psychological testing technician" within the meaning of this chapter when the person claims to be a certified psychological testing technician or renders to individuals or the public for remuneration any service involving the application of recognized principles, methods, and procedures of the science and profession of psychology and only under the supervision of either the psychologist or senior psychological examiner employing the certified psychological testing technician or the employing community mental health center or state governmental agency. Any and all work performed by a certified psychological testing technician is supervised by a psychologist or senior psychological examiner as determined by the board. (d) Use of psychological techniques by governmental institutions and by business and industrial organizations for employment placement, evaluation, promotion or job adjustment of their own officers or employees or by employment agencies for the evaluation of their own clients prior to recommendation for employment is also specifically allowed; however, no industrial or business firm or corporation may sell or offer to the public or to other firms or corporations for remuneration any psychological services as specified in §§ 63-11-202 and 63-11-203 , unless such services are performed or supervised by individuals duly and appropriately licensed under this chapter. (e) (1) (A) (i) The board may issue a temporary license to an applicant who has successfully completed the academic course work and training for the license sought, and who has not yet taken the required written examinations. The board shall not issue a temporary permit for a psychological examiner for applications received by the board after December 31, 2004. (ii) A temporary license is valid for a period not to exceed one (1) year. The board may extend the expiration date of a temporary license following a petition from the licensee and finding that extraordinary circumstances exist that necessitate a delay in taking a required written examination prior to the expiration of the initial temporary license period. (iii) A temporary license is revoked thirty (30) days after the date a temporary licensee receives notice of the licensee's second failure of the examination for professional practice in psychology (EPPP) or jurisprudence examination. During the thirty-day period prior to revocation of the temporary license, the licensee and the licensee's supervisor shall ensure the notification, and transfer, of care for the temporary licensee's clients. (B) The temporary license will allow the applicant to perform the functions specified in §§ 63-11-202 and 63-11-203 , for which the applicant is seeking licensure under qualified supervision. (C) In order to receive a temporary license, the applicant must submit a completed application for a temporary license with the applicant's completed application for the desired license, and all appropriate fees, to the board. (2) (A) (i) A temporary license may be issued by the board for an applicant who has a current license from another state or territory. The temporary license will allow the applicant to perform under qualified supervision the functions specified in §§ 63-11-202 and 63-11-203 . (ii) In order to receive a temporary license, the applicant must submit a completed application for a temporary license with the applicant's completed application for the desired license, and all appropriate fees, to the board. (iii) Applications for temporary licenses for applicants currently licensed in another state or territory shall be reviewed and approved or denied by a current member of the board designated by the board to perform this function. (iv) If an applicant is issued a temporary license, the license shall remain valid until the board grants or denies the license application. (v) However, no person shall be issued more than one (1) temporary license nor shall any temporary license be valid for a period of more than one (1) year. (B) Such a temporary license may be issued to allow an applicant to perform the functions specified in § 63-11-203 if the applicant has: (i) Successfully completed an approved American Psychological Association academic course of study; (ii) Previously taken and passed, according to Tennessee standards, the national licensing examination; (iii) A current license in another state or territory in good standing. (C) Such a temporary license with designation as a health service provider may be issued to an applicant who meets the requirements of subdivision (e)(2)(B) and has: (i) Successfully completed an American Psychological Association-approved internship; and (ii) Had at least one (1) year of full-time postdoctoral experience delivering health services. (D) Such a temporary license may be issued to allow an applicant to perform the functions specified in § 63-11-202 if the applicant has: (i) Previously taken and passed, according to Tennessee standards, the national licensing examination; and (ii) A current license in another state or territory in good standing. (3) The fee for all temporary licenses shall be set by the board in an amount not to exceed one hundred dollars ($100). Until such time as the board establishes a fee by rule, the fee shall be fifty dollars ($50.00). (f) Nothing in this chapter shall be construed to expand or limit in any way the practice of psychological examiners as provided in § 63-11-202 or, senior psychological examiners as provided in § 63-11-202 or certified psychological assistants as provided in subdivision (c)(2) and § 63-11-207(b) , nor shall this chapter limit the use of the title "psychological examiner" for persons duly licensed as psychological examiners. (g) Notwithstanding subsection (a), persons providing services in programs of the department of mental health and substance abuse services or the department of disability and aging either as employees or through contract agencies are not engaged in the practice of psychology and need not be licensed or certified under this chapter unless they provide services as a psychological examiner, psychologist, senior psychological examiner, certified psychological assistant, or certified psychological testing technician. (h) (1) A provisional license to practice as a psychologist with the designation as a health service provider may be issued by the board of examiners in psychology to an applicant who has successfully completed the academic and internship requirements of § 63-11-208(c)(3) and (d)(1)(A) and who is to be engaged in a one-year post-doctoral experience required by § 63-11-208(d)(2)(A) . Such provisional licensure will allow the applicant to perform the functions specified in §§ 63-11-203 and 63-11-208(d)(2)(B) under the qualified supervision of a psychologist acceptable to the board and who is licensed in Tennessee with a designation as a health service provider in good standing. (2) In order for a provisional license to remain valid, the licensee must take, and pass, the examination for professional practice in psychology (EPPP) at the level set for licensure as a psychologist in this state within one (1) year of the issuance of the provisional license unless the applicant previously passed the EPPP at that level. A provisional license is revoked thirty (30) days after the date a provisional licensee receives notice of the licensee's second failure of the EPPP following issuance of the provisional license. During the thirty-day period prior to revocation of the provisional license, the licensee and the licensee's supervisor shall ensure the notification, and transfer, of care for the provisional licensee's clients. (3) In order for the provisional license to remain valid, the licensee must take, and pass, the oral or jurisprudence examination, or both, developed by the board within two (2) years of the issuance of the provisional license. A provisional license is revoked thirty (30) days after the date a provisional licensee receives notice of the licensee's second failure of the oral or jurisprudence examination following issuance of the provisional license. During the thirty-day period prior to revocation of the provisional license, the licensee and the licensee's supervisor shall ensure the notification, and transfer, of care for the provisional licensee's clients. (4) The board may consider petitions of the licensee regarding extraordinary circumstances that would necessitate delay in taking the written or oral examination.

Legislative History

Amended by 2024 Tenn. Acts, ch. 688,s 147, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 442, s 12, eff. 1/1/2024. Amended by 2023 Tenn. Acts, ch. 442, s 11, eff. 1/1/2024. Amended by 2023 Tenn. Acts, ch. 442, s 10, eff. 1/1/2024. Amended by 2023 Tenn. Acts, ch. 442, s 9, eff. 1/1/2024. Amended by 2023 Tenn. Acts, ch. 442, s 8, eff. 1/1/2024. Amended by 2022 Tenn. Acts, ch. 1035, Secs.s 1, s 2 eff. 5/11/2022. Acts 1953, ch. 169, § 9 (Williams, § 7082.9); 1955, ch. 56, § 1; 1976, ch. 451, § 2; T.C.A. (orig. ed.), § 63-1110; Acts 1987, ch. 316, § 1; 1988, ch. 661, §§ 1, 2; 1989, ch. 591, § 112; 1992, ch. 991, §§ 5-9, 22, 26, 27; 1995, ch. 167, §§ 2-4; 1999, ch. 505, §§ 1, 2; 2000, ch. 646, § 1; 2000, ch. 947, § 6; 2001, ch. 123, §§ 11 - 16; 2010 , ch. 769, §§ 3, 4; 2010 , ch. 1100, § 100; 2012 , ch. 575, § 1.