Cpsy Oral Comps 2016

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Statutes

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Statutes are proposed and made law by the Tennessee State General Assembly (Legislature). The Board, following specific notice requirements and hearings, adopts rules. Both have the force of law and may be used in the regulation of a profession. The statutes pertaining to this Board are found at T.C.A. 63-1 (Division of Health Related Boards) and T.C.A. 63-11 (Psychologists).

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Rules

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Go to this link to view the rules on the website: http://share.tn.gov/sos/rules/1180/1180.htm

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Introduction

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Table of Contents and Administrative History

Original Chapter 1180-01 was filed September 12, 1974, effective October 12, 1974

Most recent - Amendment to rules 1180-01-.03 and 1180-01-.08 filed November 18, 2015; effective February 16, 2016

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1180-01

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General Rules Governing the Practice of Psychologists, Senior Psychological Examiners, Psychological Examiners, and Certified Psychological Assistants

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1180-01-.01 DEFINITIONS.

(1) ABPP

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The American Board of Professional Psychology.

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1180-01-.01 DEFINITIONS.

(2) Advertising

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Informational communication to the public in any manner to attract public attentionto the practice of Psychology. This includes, but is not limited to business solicitation,with or without limiting qualifications, in a card, sign or device issued to a person; in a sign ormarking in or on any building; or, in any newspaper, magazine, directory or other printed matter.Advertising also includes business solicitations communicated by individuals or radio,video or television broadcasting, or other means designed to secure public attention.

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1180-01-.01 DEFINITIONS.

(3) APA

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American Psychological Association

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1180-01-.01 DEFINITIONS.

(4) APPIC

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Association of Psychology Postdoctoral and Internship Centers.

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1180-01-.01 DEFINITIONS.

(5) Applicant

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Any individual seeking licensure by the Board who has submitted an official applicationand paid the application fee.

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1180-01-.01 DEFINITIONS.

(6) ASPPB

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Association of State and Provincial Psychology Boards.

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1180-01-.01 DEFINITIONS.

(7) Board

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Tennessee Board of Examiners in Psychology.

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1180-01-.01 DEFINITIONS.

(8) Board Designee

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Any person who has received a written delegation of authority from theBoard to perform Board functions subject to review and ratification by the full Board whereprovided by the rules.

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1180-01-.01 DEFINITIONS.

(9) Certificate

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A document issued by the Board to an applicant who has successfully completedthe certification process. The certificate takes the form of an “artistically designed” certificateas well as other versions bearing an expiration date.

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1180-01-.01 DEFINITIONS.

(10) Certificate Holder

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Any person who holds a current, lawfully issued certificate to practice as aCertified Psychological Assistant.

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1180-01-.01 DEFINITIONS.

(11) Certified Psychological Assistant

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A person who holds himself out to be a Certified PsychologicalAssistant and/or renders to individuals or to the public for remuneration any service involving the application of recognized principles, methods, and procedures of the scienceand profession of psychology and only under the direct employment and supervision of eitherthe Psychologist employing the Certified Psychological Assistant or the employing communitymental health center or state governmental agency.

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1180-01-.01 DEFINITIONS.

(12) Closed Files

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Incomplete or denied files rendered inactive by administrative action.

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1180-01-.01 DEFINITIONS.

(13) CNRHSPP

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The Council for the National Register of Health Service Providers in Psychology

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1180-01-.01 DEFINITIONS.

(14) Department

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Tennessee Department of Health.

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1180-01-.01 DEFINITIONS.

(15) Division

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Division of Health Related Boards, Tennessee Department of Health, from whichthe Board receives administrative support.

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1180-01-.01 DEFINITIONS.

(16) EPPP

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The Examination for Professional Practice in Psychology

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1180-01-.01 DEFINITIONS.

(17) Ethics Code, Code of Ethics or Professional Ethics

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Ethical Principles of Psychologists andCode of Conduct of the American Psychological Association, December 1, 1992, as modifiedand adopted by the Board as Professional Ethics

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1180-01-.01 DEFINITIONS.

(18) Fee

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Money received as compensation in return for rendering services; also, the requiredapplication fees.

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1180-01-.01 DEFINITIONS.

(19) Good Moral Character

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The quality of being well regarded in adherence to Professional Ethics.

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1180-01-.01 DEFINITIONS.

(20) Health Service Provider (HSP)

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A licensee who delivers direct, preventive, assessment andtherapeutic intervention services to individuals whose growth, adjustment, or functioning isactually impaired or may be at risk of impairment.

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1180-01-.01 DEFINITIONS.

(21) Health Related Boards (“HRB”)

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The Division of Health Related Boards, Tennessee Departmentof Health, from which the Board receives administrative support.

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1180-01-.01 DEFINITIONS.

(22) Internship

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An organized, planned, continuous training experience in a professionally recognizedprogram which is well announced, formal in structure, and which is designed to providenineteen hundred (1900) hours of predoctoral training under qualified supervision in professionalpsychology.

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1180-01-.01 DEFINITIONS.

(23) License

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License - A document issued by the Board to an applicant who has successfully completedthe licensure process. The license takes the form of an “artistically designed” license as wellas other versions bearing an expiration date.

(a) Temporary License – A time-limited license issued by the board to an applicant whowishes to practice and has met all other licensure requirements except successfulcompletion of the written examination and/or the ethics and jurisprudence examination.

(b) Provisional License - A time-limited license issued by the board to an applicant for HSPdesignation

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1180-01-.01 DEFINITIONS.

(24) Licensee

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Any person who holds a current, lawfully issued temporary license or license to practice as a Psychologist, Senior Psychological Examiner, or Psychological Examiner.

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1180-01-.01 DEFINITIONS.

(25) Practicum

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A supervised training experience organized by a graduate academic psychologytraining program for the specific purpose of applied skill development appropriate to the areaof preparation.

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1180-01-.01 DEFINITIONS.

(26) Psychological Examiner

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A person who holds himself out to be a psychological examinerand/or renders to individuals or to the public for remuneration any service involving the applicationof recognized principles, methods and procedures of the science and profession ofpsychology.

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1180-01-.01 DEFINITIONS.

(27) Psychologist

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A person who holds himself out to be a psychologist and/or engages in thepractice of the observation, description, evaluation, interpretation, and modification of humanbehavior by the application of psychological principles, methods, and procedures, for thepurpose of preventing or eliminating symptomatic, maladaptive, or undesired behavior and ofenhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioralhealth, and mental health.

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1180-01-.01 DEFINITIONS.

(28) Senior Psychological Examiner

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A person who holds himself out to be a senior psychologicalexaminer and/or renders to individuals or to the public for remuneration any service involvingthe application of recognized principles, methods, and procedures of the science and professionof psychology.

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1180-01-.02 NECESSITY OF LICENSURE AND CERTIFICATION

(1) who can practice psychology?

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(1) As one of the healing arts, the practice of psychology is restricted to those persons licensedor certified by the Board. Persons engaging in the practice of psychology without being licensedor certified are in violation of T.C.A. §§ 63-1-123 and 63-11-206.

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1180-01-.02 NECESSITY OF LICENSURE AND CERTIFICATION

(2) advertising in psychology

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(2) Any person who holds himself or herself out to the public by any means, such as using a titleon signs, mailboxes, address plates, stationery, announcements, telephone listings, callingcards or other instruments of professional identification, as being engaged in the practice ofpsychology is required to be licensed unless specifically excepted pursuant to T.C.A. §§ 63-11-205(a), (b), (c) and (d) and 63-11-206(b), (c), (d) and (g).

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1180-01-.02 NECESSITY OF LICENSURE AND CERTIFICATION

(3) HSP designation, who must be licensed

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(3) Any person who delivers health services to the public as a Psychologist or as a Senior PsychologicalExaminer, whether or not for remuneration and wherever housed, whether a university,college or laboratory setting, must be licensed with HSP designation; any PsychologicalExaminer delivering services to the public, whether or not for remuneration and whereverhoused, must be licensed; any Certified Psychological Assistant delivering services to thepublic, whether or not for remuneration and wherever housed, must be certified.

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1180-01-.02 NECESSITY OF LICENSURE AND CERTIFICATION

(4) req for practice

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(4) Prior to the engagement of the practice of psychology in Tennessee, a person must hold acurrent Tennessee license, certificate, temporary license, temporary certificate, or provisionallicense issued pursuant to Chapter 1180-2, Chapter 1180-3, or Chapter 1180-4.

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1180-01-.02 NECESSITY OF LICENSURE AND CERTIFICATION

(5) Use of Titles

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(5) Use of Titles

(a)Any person who possesses a valid, unsuspended and unrevoked psychologist licenseissued by the Board has the right to use the title “Psychologist” and to practice psychology,as defined in T.C.A. § 63-11-203.(b) Any person who possesses a valid, unsuspended and unrevoked psychological examineror senior psychological examiner license issued by the Board has the right to usethe titles “Psychological Examiner” or “Senior Psychological Examiner,” as applicable,and to practice psychology, as defined in T.C.A. § 63-11-202.(c) Any person who possesses a valid, unsuspended and unrevoked psychological assistantcertification issued by the Board has the right to use the title “Certified PsychologicalAssistant” and to practice psychology under supervision as defined in Rule 1180-4-.01.(d) Violation of this rule regarding use of titles shall constitute unprofessional conduct andsubject the licensee or certificate holder to disciplinary action.

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1180-01-.03 FEES.

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(1) Fee Schedule: Amount

(a) Application $175.00

(b) Temporary License $100.00

(c) Provisional License $125.00

(d) Ethics and Jurisprudence Examination $100.00

(e) Ethics and Jurisprudence Re-Examination $50.00

(f) License $200.00

(g) Certificate $150.00

(h) License Renewal (biennial) $225.00

(i) Certificate Renewal (biennial) $75.00

(j) Late Renewal $100.00

(k) Endorsement Verification $ 25.00

(l) State Regulatory (biennial) $ 10.00

(m) Replacement License or Certificate $ 25.00

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1180-01-.03 FEES.

(2) The fees set by the Board for obtaining and maintaining licensure or certification are definedas follows:

(a) Application Fee

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A fee to be paid by all applicants for licensure or certification includingthose seeking licensure by reciprocity.

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1180-01-.03 FEES.

(b) Endorsement/Verification Fee

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A non-refundable fee to be paid for each certificate offitness, endorsement or verification of an individual’s record for any purpose.

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1180-01-.03 FEES.

(c) Late Renewal Fee

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A non-refundable fee to be paid when an individual fails to timelyrenew a license or a certificate.

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1180-01-.03 FEES.

(d) License or Certificate Fee

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A fee to be paid at the time of application prior to the issuanceof the “artistically designed” initial license or certificate.

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1180-01-.03 FEES.

(e) License or Certificate Renewal Fee

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A non-refundable fee to be paid biennially by alllicensees or certificate holders to maintain the license or certificate. This fee also appliesto individuals who reactivate a license or certificate that has been retired.

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1180-01-.03 FEES.

(f) Ethics and Jurisprudence Examination Fee

(g) Ethics and Jurisprudence Re-Examination Fee

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(f) A non-refundable fee to be paid whenapplying for initial licensure.

(g) A non-refundable fee to be paid eachtime an applicant retakes the Board’s Ethics and Jurisprudence Examination.

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1180-01-.03 FEES.

(h) Provisional License Fee

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A fee to be paid by all individuals who are requesting a provisionallicense at the time of application.

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1180-01-.03 FEES.

(i) Replacement License or Certificate Fee

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A non-refundable fee to be paid when an individualrequests a replacement for a lost or destroyed license or certificate.

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1180-01-.03 FEES.

(j) State Regulatory Fee

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A fee to be paid by all individuals at the time of application andwith all renewal applications.

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1180-01-.03 FEES.

(k) Temporary License Fee

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A fee to be paid by all individuals at the time of applicationwho are requesting a temporary license.

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1180-01-.03 FEES.

(3) Fees may be paid in the following manner:

(4) Fees that may be refunded

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(a) All fees paid by money order, certified, personal, or corporate check must be submittedto the Board’s Administrative Office and made payable to the Board of Examiners inPsychology.

(b) Fees may be paid by Division-approved credit cards or other Division-approved electronicmethods.

(4) Fees may be refunded upon withdrawal of an application or excused absence from an examination.Requests for refunds must be made in writing to the Board administrator and accompaniedby a copy of the cancelled check or other documentation of payment. The applicationand state regulatory fees shall not be refunded.

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1180-01-.04 APPLICATION REVIEW, APPROVAL, DENIAL AND INTERVIEWS.

(1, 2) application request and review

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(1) Any applicant for licensure or certification shall request an application packet from theBoard’s administrative office.(2) Review of all submitted applications to determine application file completeness may be delegatedto the Board’s designee, provided that approval of all applications is made and ratifiedby the Board.

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1180-01-.04 APPLICATION REVIEW, APPROVAL, DENIAL AND INTERVIEWS.

(3) incomplete applications

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For applicants applying to sit for the written examination, a deficiency letter will be mailed tothe applicant if the application is incomplete when received in the Board’s administrative office.The requested information must be received in the Board’s administrative office on orbefore the sixtieth (60th) day prior to the written examination. All other applicants must completetheir application files within sixty (60) days of receipt of the deficiency notice.(a) Deficiency notification shall be sent certified mail, return receipt requested, from theboard’s administrative office.(b) If the requested information is not received on or before the sixtieth (60th) day prior tothe written examination or within sixty (60) days of receipt of the deficiency notice, theapplication file shall become inactive and the applicant so notified. No further Boardaction will take place until the application is completed pursuant to the rules governingthe application process. The Board may, at its discretion, keep a file open past thisdeadline if special circumstances warrant.

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1180-01-.04 APPLICATION REVIEW, APPROVAL, DENIAL AND INTERVIEWS.

(4) after appl review & approval

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(4) After review and upon approval by the Board of the completed application and supportingcredentials, the applicant shall be allowed to sit for the written examination. For all other applicants,the completed application and supporting documentation will be reviewed in a timelymanner at regularly scheduled Board meetings following completion of the application.

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1180-01-.04 APPLICATION REVIEW, APPROVAL, DENIAL AND INTERVIEWS.

(5) changing level of licensure after applying

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(5) If an applicant has requested one level of licensure or certification and subsequent to Boardreview, wishes to change that application to a different level of licensure or certificationand/or designation of HSP, a new application and fee must be submitted. An applicant maynot simultaneously have an active application file for two (2) different levels of licensure orcertification. If, subsequent to the initial application, an applicant initiates a new applicationfor a different level of licensure or certification, the original application file will be closed.

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1180-01-.04 APPLICATION REVIEW, APPROVAL, DENIAL AND INTERVIEWS.

(6) temporary authorization to practice

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(6) A temporary authorization to practice, pursuant to T.C.A. 63-1-142, may be issued to an applicantfollowing an initial determination by a Board member or designee that the completed file evidences that the applicant has met all of the requirements for licensure, certification, renewalor reinstatement. The temporary authorization is valid until the Board reviews andmakes a final decision on the application, and is effective for a period of no more than sixmonths.

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1180-01-.04 APPLICATION REVIEW, APPROVAL, DENIAL AND INTERVIEWS.

(7) If a completed application has been denied by the Board the action shall become final andthe following shall occur: (a-d)

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(a) A notification of the denial shall be sent by the Board’s administrative office by certifiedmail, return receipt requested. Specific reasons for denial will be stated, including thespecific statutory or rule authorities for the denial.(b) The notification, when appropriate, shall contain a statement of the applicant’s right toappeal the denial and the procedure necessary to perfect an appeal pursuant to theTennessee Administrative Procedures Act, T.C.A. §§ 4-5-301, et seq.(c) An applicant has a right to appeal only if the licensure or certification denial is based onsubjective or discretionary criteria.(d) An applicant may be granted a contested case hearing if licensure or certification denialis based on an objective, clearly defined criteria only if, after review and attemptedresolution by the Board’s administrative staff, the licensure or certification applicationcannot be approved and the reasons for continued denial present a genuine issue offact and/or law which is appropriate for appeal. Such request must be made in writingto the Board administrator within thirty (30) days of the receipt of the notice of denialfrom the Board.

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1180-01-.04 APPLICATION REVIEW, APPROVAL, DENIAL AND INTERVIEWS.

(8) clarifying application information

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(8) The Board or its designee may delay a decision on eligibility to take the examination for anyapplicant from whom the Board wishes additional information for the purpose of clarifying informationpreviously submitted. Any request for additional information shall be in writing andsent by certified mail, return receipt requested. The applicant’s response must be made andreceived at the Board’s Administrative Office within sixty (60) days from the date of receipt ofthe notice by the applicant or the application will be closed.

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1180-01-.04 APPLICATION REVIEW, APPROVAL, DENIAL AND INTERVIEWS.

(9) license issued in error

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(9) If a license or certificate has been issued in error, the Board will give written notice by certifiedmail of its intent to revoke the license or certificate. The notice will allow the applicantthe opportunity to meet the requirements of licensure or certification within thirty (30) daysfrom the date of receipt of the notification. If the applicant does not concur with the statedreason and the intent to revoke the license or certificate, the applicant shall have the right toproceed according to paragraph (7) of this rule.

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1180-01-.04 APPLICATION REVIEW, APPROVAL, DENIAL AND INTERVIEWS.

(10) Abandonment of application.

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(a) An application shall be deemed abandoned and closed if it has not been completed bythe applicant within sixty (60) days after it was initially submitted and reviewed.(b) A determination of abandonment and closure of an application file must be ratified bythe board.(c) An application submitted subsequent to abandonment and closure of a prior applicationshall be treated as a new application.

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1180-01-.05 RENEWAL OF LICENSE OR CERTIFICATION.

(1, a, b) Renewal application - due date, how to renew

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(1) Renewal application.(a) The due date for license renewal is the expiration date indicated on the licensee’s initialcertificate of registration or renewal certificate.(b) Methods of Renewal - Licensee and certificate holders may accomplish renewal by one(1) of the following methods:1. Internet Renewals - Individuals may apply for renewal via the Internet. The applicationto renew can be accessed at:www.tennesseeanytime.org

2. Paper Renewals - Licensee and certificate holders who have not renewed theirauthorization online via the Internet will have a renewal application form mailedto them at the last address provided by them to the Board. Failure to receivesuch notification does not relieve the individual of the responsibility of timelymeeting all requirements for renewal.

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1180-01-.05 RENEWAL OF LICENSE OR CERTIFICATION.

(1, c, d) Renewal application - due date, what to submit for renewal

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(c) A license issued pursuant to these rules is renewable by the expiration date. To be eligiblefor renewal the licensee must submit the following to the Division on or before theexpiration date of the license:1. A completed and signed renewal application form.2. The renewal and state regulatory fees as provided in rule 1180-01-.03.(d) Licensees or certificate holders who fail to comply with the renewal rules or notificationreceived by them concerning failure to timely renew shall have their licenses or certificatesprocessed pursuant to rule 1200-10-1-.10.

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1180-01-.05 RENEWAL OF LICENSE OR CERTIFICATION.

(2) Reinstatement of an Expired License or Certificate.(a) Licenses or certificates that have expired may be reinstated upon meeting the followingconditions:

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1. Payment of all past due renewal fees;2. Payment of the late renewal fee provided in rule 1180-01-.03;3. Compliance with continuing education requirements in rule 1180-01-.08; and4. If the license has been expired for more than five (5) years, successfully pass thejurisprudence and ethics examination, pay the jurisprudence and ethics examinationexam fee as provided in rule 1180-01-.03, and obtain six (6) months of supervision.

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1180-01-.05 RENEWAL OF LICENSE OR CERTIFICATION.

(2, b,c) Reinstatement of an Expired License or Certificate. - who decides to allow renewal, submitting a false renewal form

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(b) Renewal issuance decisions pursuant to this rule may be made administratively, uponreview by the Board Administrator.(c) Anyone submitting a signed renewal form or letter which is found to be false may besubjected to disciplinary action as provided in T.C.A. § 63-11-215 and rule 1180-01-.10.

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1180-01-.06 PATIENT RECORDS.

(1) Purposes – The purposes of these rules are:

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(1) Purposes – The purposes of these rules are:(a) To recognize that patient records are an integral part of the practice of psychologists,senior psychological examiners, and psychological examiners as defined in T.C.A. §§63-11-202 and 63-11-203.(b) To give psychologists, senior psychological examiners and psychological examiners,their professional and non-professional staff, and the public direction about the content,transfer, retention, and destruction of those records.

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1180-01-.06 PATIENT RECORDS.

(2) Conflicts

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(2) Conflicts – As to patient records, these rules should be read in conjunction with the provisionsof T.C.A. §§ 63-2-101 and 63-2-102, and are not intended to conflict with those statutes inany way. Those statutes, along with these rules, govern the subjects that they cover in theabsence of other controlling state or federal statutes or rules to the contrary.

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1180-01-.06 PATIENT RECORDS.

(3) Applicability

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(3) Applicability – These rules regarding patient records shall apply only to those records, the informationfor which was obtained by psychologists, senior psychological examiners and psychologicalexaminers or their professionally certified employees, or those over whom theyexercise supervision, for purposes of services provided in any clinical setting other than thoseprovided in a hospital as defined by T.C.A. § 68-11-302 (4), a hospital emergency room orhospital outpatient facility.

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1180-01-.06 PATIENT RECORDS.

(4) Patient Records

(a) Duty to Create and Maintain Patient Records

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(a) Duty to Create and Maintain Patient Records – As a component of the standard of careand of minimal competency a psychologist, senior psychological examiner or psychologicalexaminer must cause to be created and cause to be maintained a record forevery patient for whom he or she, and/or any of his or her professionally certified supervisees,performs services or provides professional consultation.

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1180-01-.06 PATIENT RECORDS.

(4) Patient Records

(b) Notice

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(b) Notice – Anywhere in these rules where notice is required to be given to patients of anypsychologist, senior psychological examiner or psychological examiner, that noticeshall be required to be issued within thirty (30) days of the date of the event that triggersthe notice requirement, and may be accomplished by public notice including, butnot limited to:

1. publication of the required information in a newspaper of general circulation inthe area in which the licensee practices; or2. posting of the required information at the practice location.

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1180-01-.06 PATIENT RECORDS.

(4) Patient Records

(c) Content

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(c) Content – All patient records, or summaries thereof, produced in the course of the practice of psychology for all patients shall include all information and documentation listed in T.C.A. § 63-2-101 (c) (2) and such additional information that is necessary to insure that a subsequent reviewing or treating psychologist, senior psychological examiner or psychological examiner can both ascertain the basis for the diagnosis, treatment plan and outcomes, and provide continuity of care for the patient.

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1180-01-.06 PATIENT RECORDS.

(4) Patient Records (c) Content

1. Patient records include, but are not limited to:

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1. Patient records include, but are not limited to:(i) the name of the patient and other identifying information;(ii) the presenting problem(s) or purpose of diagnosis;(iii) the fee arrangement;(iv) the date and substance of each billed or service-count contact or service;(v) any test results or other evaluative results obtained and any basic test datafrom which they were derived (not including protocols);(vi) notation and results of formal consults with other providers;(vii) a copy of all test and other evaluative reports prepared as a component ofthe professional relationship; and(viii) any releases executed by the patient.

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1180-01-.06 PATIENT RECORDS.

(4) Patient Records (c) Content

2. Not included in patient records

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2. Not included in patient records are test materials, such as manuals, instruments,protocols, and test questions or stimuli. Although not included in patient records,test materials such as manuals, instruments, protocols, and test questions orstimuli must be retained in accordance with the “Ethical Principles of Psychologistsand Code of Conduct” published by the American Psychological Association.

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1180-01-.06 PATIENT RECORDS.

(d, 1) Transfer

1. Records of Psychologists, Senior Psychological Examiners and Psychological Examiners Upon Death or Retirement

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1. Records of Psychologists, Senior Psychological Examiners and PsychologicalExaminers Upon Death or Retirement - When a psychologist, senior psychologicalexaminer or psychological examiner retires or dies while in practice, patientsseen by the psychologist, senior psychological examiner or psychological examinerin his/her office during the immediately preceding eighteen (18) months shallbe notified, as provided in subparagraph (b), by the psychologist, senior psychologicalexaminer, psychological examiner or his/her authorized representativeand be informed that upon authorization, copies of the records will be sent to thenew psychologist, senior psychological examiner or psychological examiner.This notification requirement shall not apply to a patient when there have beenfewer than two (2) office patient encounters within the immediately precedingeighteen (18) months.

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1180-01-.06 PATIENT RECORDS.

(d) Transfer

2. Records of Psychologists, Senior Psychological Examiners and Psychological Examiners upon Departure from a Group

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2. Records of Psychologists, Senior Psychological Examiners and PsychologicalExaminers upon Departure from a Group - The responsibility for notifying patientsof a psychologist, senior psychological examiner or psychological examinerwho leaves a group practice whether by death, retirement or departure shall begoverned by the employment contract of the psychologist, senior psychologicalexaminer or psychological examiner.

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1180-01-.06 PATIENT RECORDS.

(d) Transfer

2. Records of Psychologists, Senior Psychological Examiners and Psychological Examiners upon Departure from a Group

(i) what clients are notified

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(i) Whomever is responsible for that notification must notify patients seen bythe psychologist, senior psychological examiner or psychological examinerin his/her office during the immediately preceding eighteen (18) months ofhis/her departure, except that this notification requirement shall not applyto a patient when there have been fewer than two (2) office patient encounterswithin the immediately preceding eighteen (18) months.

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1180-01-.06 PATIENT RECORDS.

(d) Transfer

2. Records of Psychologists, Senior Psychological Examiners and Psychological Examiners upon Departure from a Group

(ii) fwd'g records

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(ii) Except where otherwise governed by provisions of the employment contract,those patients shall also be notified of the practitioner’s new addressand offered the opportunity to have copies of their records forwarded to thedeparting psychologist, senior psychological examiner or psychological examinerat his or her new practice. Provided however, a group shall notwithhold the records of any patient who has authorized their transfer to thedeparting psychologist, senior psychological examiner or psychological examineror any other practitioner.

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1180-01-.06 PATIENT RECORDS.

(d) Transfer

2. Records of Psychologists, Senior Psychological Examiners and Psychological Examiners upon Departure from a Group

(iii) fwd'g records

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(iii) The choice of practitioner in every case should be left to the patient, and the patient should be informed that upon authorization his/her records will be sent to the psychologist, senior psychological examiner or psychological examiner of the patient’s choice.

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1180-01-.06 PATIENT RECORDS.

(d) Transfer

3. Sale of a Psychology Practice

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3. Sale of a Psychology Practice - A psychologist, senior psychological examiner orpsychological examiner or the estate of a deceased psychologist, senior psychologicalexaminer or psychological examiner may sell the elements that comprisehis/her practice, one of which is its goodwill, i.e., the opportunity to take over thepatients of the seller by purchasing the patient records. Therefore, the transfer ofrecords of patients is subject to the following:

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1180-01-.06 PATIENT RECORDS.

(d) Transfer

3. Sale of a Psychology Practice

(i) the transfer of records of patients is subject to the following:

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(i) The psychologist, senior psychological examiner or psychological examiner(or the estate) must ensure that all patient records are transferred to anotherpsychologist, senior psychological examiner or psychological examineror entity that is held to the same standards of confidentiality as providedin these rules.

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1180-01-.06 PATIENT RECORDS.

(d) Transfer 3. Sale of a Psychology Practice

(ii) the transfer of records of patients is subject to the following:

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(ii) Patients seen by the psychologist, senior psychological examiner or psychologicalexaminer in his/her office during the immediately precedingeighteen (18) months shall be notified that the psychologist, senior psychologicalexaminer or psychological examiner (or the estate) is transferringthe practice to another practitioner or entity who will retain custody of theirrecords and that at their written request the copies of their records will besent to another practitioner or entity of their choice. This notification requirementshall not apply to a patient when there have been fewer thantwo (2) office patient encounters within the immediately preceding eighteen(18) months.

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1180-01-.06 PATIENT RECORDS.

(d) Transfer

4. Abandonment of Records - death of a clinician

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4. Abandonment of Records – For purposes of this section of the rules death of apsychologist, senior psychological examiner or psychological examiner shall notbe considered as abandonment.

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1180-01-.06 PATIENT RECORDS.

(d) Transfer 4. Abandonment of Records

(i) prima facie violation

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(i) It shall be a prima facie violation of T.C.A. § 63-11-215 (b) (1) for a psychologist,senior psychological examiner or psychological examiner toabandon his practice without making provision for the security, or transfer,or otherwise establish a secure method of patient access to their records.

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1180-01-.06 PATIENT RECORDS.

(d) Transfer 4. Abandonment of Records

(ii) client duty after notification of abandonment

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(ii) Upon notification that a psychologist, senior psychological examiner orpsychological examiner in a practice has abandoned his practice and notmade provision for the security, or transfer, or otherwise established a securemethod of patient access to their records patients should take all reasonablesteps to obtain their records by whatever lawful means availableand should immediately seek the services of another psychologist, seniorpsychological examiner or psychological examiner.

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1180-01-.06 PATIENT RECORDS.

(e) Retention of Patient Records- period of retention

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(e) Retention of Patient Records – Patient records shall be retained for a period of not lessthan seven (7) years from the last clinical contact between the patient and the psychologist,senior psychological examiner or psychological examiner, or their professionallycertified supervisees except for the following:

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1180-01-.06 PATIENT RECORDS.

(e,1-3) Retention of Patient Records - exceptions

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1. Records for incompetent patients shall be retained indefinitely.2. Records of minors shall be retained for a period of not less than one (1) year afterthe minor reaches the age of majority or seven (7) years from the date of thelast clinical contact with the patient, whichever is longer.3. Notwithstanding the foregoing, no patient record involving services which arecurrently under dispute shall be destroyed until the dispute is resolved.

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1180-01-.06 PATIENT RECORDS.

(f) Destruction of Patient Records

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1. No patient record shall be singled out for destruction other than in accordancewith established office operating procedures.2. Records shall be destroyed only in the ordinary course of business according toestablished office operating procedures that are consistent with these rules.3. Records may be destroyed by burning, shredding, or other effective methods inkeeping with the confidential nature of the records.4. When records are destroyed, the time, date and circumstances of the destructionshall be recorded and maintained for future reference.

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1180-01-.06 PATIENT RECORDS.

(5) Violations

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(5) Violations – Violation of any provision of these rules is grounds for disciplinary action pursuantto T.C.A. §§ 63-11-215 (b) (1), and/or (2).

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1180-01-.07 RETIREMENT AND REACTIVATION OF LICENSE OR CERTIFICATE

(1) A person who holds a current license or certificate and does not intend to practice

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(1) A person who holds a current license or certificate and does not intend to practice as a licensedPsychologist, Senior Psychological Examiner, Psychological Examiner, or CertifiedPsychological Assistant may apply to convert an active license or certificate to retired status.An individual who holds a retired license or certificate is not required to pay the renewal fee.

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1180-01-.07 RETIREMENT AND REACTIVATION OF LICENSE OR CERTIFICATE

(2) A licensee may apply for retired status by...

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(2) A licensee may apply for retired status by filing a completed affidavit of retirement form andany required documentation with the Board’s administrative office.

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1180-01-.07 RETIREMENT AND REACTIVATION OF LICENSE OR CERTIFICATE

(3) A person whose license has been retired and who has not practiced for up to two (2) years,or a person whose Tennessee license has been retired and who has been licensed in goodstanding and in continuous practice in another state...

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(3) A person whose license has been retired and who has not practiced for up to two (2) years,or a person whose Tennessee license has been retired and who has been licensed in goodstanding and in continuous practice in another state, may re-enter active status providedthere are no criminal or practice act violations which would prohibit initial licensure, by submittingto the Board administrative office a written request for licensure reactivation, the licenserenewal fee, the state regulatory fee and the late renewal fee.

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(4) A person whose license has been retired and who has not practiced for two years up to five (5) years

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(4) A person whose license has been retired and who has not practiced for two years up to five(5) years may re-enter active status provided there are no criminal or practice act violationswhich would prohibit initial licensure, by submitting to the Board administrative office a writtenrequest for licensure reactivation, the license renewal fee, the state regulatory fee, the laterenewal fee, and proof of successful completion of forty (40) hours of continuing education asprovided in rule 1180-01-.08.

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(5) A person whose license or certificate has been retired and who has not practiced for over five (5) years

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(5) A person whose license or certificate has been retired and who has not practiced for over five(5) years may re-enter active status provided there are no criminal or practice act violationswhich would prohibit initial licensure or certification, by submitting to the Board administrativeoffice a written request for licensure or certification reactivation, the license or certificate renewalfee, the state regulatory fee, the late renewal fee, proof of successful completion of forty(40) hours of continuing education as provided in rule 1180-01-.08, and by passing the jurisprudenceand ethics examination if required, paying the jurisprudence and ethics examinationexam fee as provided in rule 1180-01-.03, and obtaining six (6) months of supervision.

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1180-01-.08 CONTINUING EDUCATION.

(1 a,b) Hours required for Psychologists, Senior Psychological Examiners, and Psychological Examiners:

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(a) Certified Psychological Assistants are required to pursue continuing education activitiesas directed by the supervising psychologist, as provided in Rule 1180-4-.01 (4) (f).(b) Psychologists, Senior Psychological Examiners, and Psychological Examiners are requiredto obtain forty (40) hours of continuing education (CE) credit every two (2) years.This CE is to be acquired in the two (2) calendar years (January 1 - December 31) priorto the licensure renewal year.

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1180-01-.08 CONTINUING EDUCATION.

(1, c,d, e) Hours required for Psychologists, Senior Psychological Examiners, and Psychological Examiners: # of Type I, II, & III hrs

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(c) Nine (9) CE hours of the forty (40) hours required in subparagraph (b) must be receivedfrom a Type I CE program as provided by this rule. All continuing educationhours obtained via the internet must be from a Type I CE program.(d) Nine (9) CE hours of the forty (40) hours required in subparagraph (b) must be receivedfrom Type I or Type II CE programs as provided by this rule.(e) Twenty-two (22) CE hours of the forty (40) hours required in subparagraph (b) must bereceived from Type I, II, or III programs as provided by this rule.

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1180-01-.08 CONTINUING EDUCATION.

(1, f) Hours required for Psychologists, Senior Psychological Examiners, and Psychological Examiners: cultural diversity CE

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(f) Three (3) CE hours shall pertain to cultural diversity as specifically noted in the title,description of objectives, or curriculum of the presentation, symposium, workshop,seminar, course or activity. Cultural diversity includes aspects of identity stemmingfrom age, disability, gender, race/ethnicity, religious/spiritual orientation, sexual orientation,socioeconomic status, and other cultural dimensions. The topic of the presentation,symposium, workshop, seminar, course or activity need not be on cultural diversity,but one of the objectives or descriptions of the topics covered, shall clearly indicateattention to cultural diversity. These hours shall be Type I or Type II.

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1180-01-.08 CONTINUING EDUCATION.

(1, g) Hours required for Psychologists, Senior Psychological Examiners, and Psychological Examiners: CE related to law & ethics

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(g) Three (3) CE hours of Type I or Type II shall pertain to:1. Tennessee Code Annotated, Title 63, Chapter 11; and2. Official Compilation, Rules and Regulations of the State of Tennessee, Chapters1180-01, 1180-02, 1180-03 and 1180-04; and3. The current version of the “Ethical Standards” which are part of the “Ethical Principlesof Psychologists and Code of Conduct” published by the American PsychologicalAssociation (A.P.A.).

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(1, h) Hours required for Psychologists, Senior Psychological Examiners, and Psychological Examiners: unacceptable CE

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(h) Experiences unacceptable as continuing education include, but are not limited to, administrativeactivities, psychotherapy, personal growth or enrichment.

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(2) Type I continuing education

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(a) Type I continuing education is offered by APA-approved providers of educational programs.(b) Type I CE learning activities and related skills and knowledge are postdoctoral in nature.(c) Type I CE includes formal learning objectives and evaluation of learning activities.(d) Type I CE is primarily psychological in nature or is relevant to the science and practiceof psychology.(e) Type I CE offerings must have a pre-assigned number of CE credit hours and providedocumentation indicating the course was APA-approved.(f) Type I CE may be fulfilled via internet. No more than twenty (20) hours shall be obtainedfrom an internet source.

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1180-01-.08 CONTINUING EDUCATION.

(3) Type II continuing education

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(a) Type II CE is primarily psychological in nature or is relevant to the science and practiceof psychology.(b) Type II CE offerings must provide documentation of attendance and must have a preassignednumber of CE credit hours under the auspices of any of the following:1. A regional psychological association2. A state psychological association3. Any recognized and relevant credentialing national, regional or state professionalbody4. An institution housing an APA-approved internship program.5. A nationally recognized accredited college or university with a health-related professionaltraining program.6. Graduate courses in an APA-approved graduate psychology program. (To be assignedfifteen [15] Type II CE units per semester hour)7. Passing the ABPP exam. (To be assigned twenty [20] hours of Type II CE credit)

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1180-01-.08 CONTINUING EDUCATION.

(4, a, b) Type III continuing education

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(a) Type III CE consists of learning experiences that are less structured than Type I orType II CE and provide information that is primarily psychological in nature or is relevantto the science and practice of psychology.(b) Type III CE may consist of1. clinical peer consultation groups; or2. research presentations and convention workshops that incorporate multiple, briefpresentations with many different learning objectives that are less amenable to asingle evaluation; or3. clinical supervision provided to students, interns, and post-doctoral fellows in accreditedprograms on a basis that is voluntary, uncompensated, and external tothat program. A maximum of ten (10) CE hours per two (2) calendar years (January1 - December 31) is allowed.

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1180-01-.08 CONTINUING EDUCATION.

(4, c) Sources of Type III continuing education

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(c) Sources of Type III continuing education1. Meetings - Registration and attendance at meetings of recognized professionalpsychology organizations (local, state, regional, national or international). Acceptabledocumentation will consist of a copy of the licensee’s registration receiptfrom the meeting. One (1) clock hour equals one (1) CE hour.2. Teaching and presentations.(i) Psychology presentations at relevant professional meetings. Acceptabledocumentation will consist of a copy of the program or agenda and the number of clock hours. A maximum of three (3) CE hours per presentationis allowed.(ii) Preparation and delivery of guest lectures to academic or public groups.Acceptable documentation will consist of a copy of a printed agenda, programor class syllabus. A maximum of one (1) CE hour per lecture is allowed.(iii) Developing and teaching an academic psychology course in an institutionaccredited by a regional accrediting association. For the initial developmentof the course and its teaching, one semester length three (3) credithour course equals twenty-two (22) CE hours; one quarter length three (3)credit hour course equals twenty-two (22) CE hours. Acceptable documentationwill consist of a letter from the department head or dean of theinstitution stating that the licensee taught the course for the first time andthe number of credits, units or hours assigned for the course.

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1180-01-.08 CONTINUING EDUCATION.

3. Publications

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(i) Writing or editing a published book, or writing a book chapter or a refereedjournal article shall be assigned twenty-two (22) hours of Type III CE credit.Acceptable documentation will consist of a personal log detailing the publishedmaterials.(ii) Developing for teaching purposes a videotape or interactive computer programshall be assigned twenty-two (22) hours of Type III CE credit. Acceptabledocumentation will consist of a personal log detailing the videotapeor computer program.(iii) Being the principal editor of a journal or serving on the editorial board of ajournal article shall be assigned twenty-two (22) hours of Type III CE credit.Acceptable documentation will consist of a personal log detailing the publishedmaterials.(iv) Serving as a reviewer of a journal article shall be assigned one (1) hour ofType III CE credit per manuscript. Acceptable documentation will consistof a personal log detailing the published materials.

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1180-01-.08 CONTINUING EDUCATION.

4. Workshops, seminars or courses

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4. Workshops, seminars or courses - Relevant non-accredited psychology workshops,seminars or courses shall be assigned a maximum of ten (10) hours ofType III CE credit per year. Acceptable documentation will consist of certificatesof attendance or registration receipts.

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(5, 6) Credit for Board membership or committee

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5. Serving as a member of the Board shall be assigned a maximum of ten (10)hours of Type III CE credit per year.6. Serving as a member of an oral examining committee for the Board shall be assignedone (1) hour of Type III CE credit per exam.

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1180-01-.08 CONTINUING EDUCATION.

(5) Continuing education course format

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(5) Continuing education courses may be presented in the traditional lecture and classroom formatsor, with successful completion of a written post experience examination to evaluate materialretention, in Multi-Media formats.(a) Multi-Media courses may include courses utilizing:

1. The Internet2. Closed circuit television

3. Satellite broadcasts4. Correspondence courses5. Videotapes6. CD-ROM7. DVD

8. Teleconferencing9. Videoconferencing

10. Distance learning

(b) Licensees with disabilities or other hardships severely restricting travel away fromhome may petition the Board in writing to request exceptions to the manner in whichthey accumulate CE credits.

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1180-01-.08 CONTINUING EDUCATION.

(6) Documentation.

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(6) Documentation. Each licensee shall maintain documentation of CE hours for five (5) yearsand should prepare a summary report with documentation yearly. Documentation of completedCE hours must be produced for inspection and verification if requested in writing bythe Board. The Board shall not maintain CE files.

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(7) Violations.

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(7) Violations.(a) Any licensee who falsely certifies attendance and completion of the required CE hoursmay be subject to disciplinary action pursuant to T.C.A. § 63-11-215.(b) Any licensee who fails to obtain the required CE hours may be subject to disciplinaryaction pursuant to T.C.A. § 63-11-215.

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1180-01-.09 PROFESSIONAL ETHICS.

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(1) The Board adopts, as if fully set out herein and to the extent that it does not conflict with statelaw, rules or Board Position Statements, as its ethical standards the specific “Ethical Standards”which are part of the “Ethical Principles of Psychologists and Code of Conduct” publishedby the American Psychological Association (A.P.A.). The version adopted by the Board was approved by the A.P.A.’s Council of Representatives on August 21, 2002 to becomeeffective on June 1, 2003.

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1180-01-.09 PROFESSIONAL ETHICS.

(2, 3, 4) conflict w/ state law, applicability

Back 107

(2) In the case of a conflict the state law, rules or position statements shall govern. Violation ofthe Board’s ethical standards shall be grounds for disciplinary action pursuant to T.C.A. § 63-11-215 (b) (1).(3) A copy of the A.P.A. “Ethical Standards” which are part of the “Ethical Principles of Psychologistsand Code of Conduct” may be obtained from the Order Department of the A.P.A. at 750First Street, NE, Washington, DC 20002-4242 or by phone at [phone], or on the Internetat http://www.apa.org/ethics.(4) Applicability of the Ethical Standards. The activity of a licensee or certificate holder subject tothe Ethical Standards may be reviewed only if the activity is part of his or her work-relatedfunctions or the activity is psychological in nature. Personal activities having no connectionto or effect on psychological roles are not subject to the Ethical Standards.

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1180-01-.10 DISCIPLINARY GROUNDS, ACTIONS, CIVIL PENALTIES, SETTLEMENTS, ANDSCREENING PANELS.

(1) Grounds and authority for disciplinary actions.

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(1) Grounds and authority for disciplinary actions. The Board shall have the power to deny anapplication for a license or certificate to any applicant. The Board shall have the authority tosuspend or revoke a license or certificate, reprimand or otherwise discipline by a monetary fineany licensee or certificate holder. Formal disciplinary proceedings before the Board shallcomply with the Administrative Procedures Act, T.C.A. §§ 4-5-301, et. seq. The grounds uponwhich the Board shall exercise such power include, but are not limited to, the following:

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1180-01-.10 DISCIPLINARY GROUNDS, ACTIONS, CIVIL PENALTIES, SETTLEMENTS, AND SCREENING PANELS.

The grounds upon which the Board shall exercise such power include, but are not limited to, the following: (17 ways to lose your license)

Back 109

(a) Unprofessional, dishonorable, or unethical conduct;(b) Violation or attempted violation, directly or indirectly, or assisting in or abetting the violationof, or conspiring to violate, any provision of the Psychology Act or any lawful orderof the Board issued pursuant thereto, or any criminal statute of the state of Tennessee;(c) Making false statements or representations, being guilty of fraud or deceit in obtainingadmission to practice, or being guilty of fraud or deceit in the practice as a licensee;(d) Gross malpractice, or a pattern of continued or repeated malpractice, ignorance, negligenceor incompetence in the course of practice as a licensee or certificate holder;(e) Habitual intoxication or personal misuse of any drugs or the use of intoxicating liquors,narcotics, controlled substances, or other drugs or stimulants in such manner as to adverselyaffect the person’s ability to practice as a licensee or certificate holder;(f) Willfully betraying a professional secret;(g) The advertising of Psychologist, Senior Psychological Examiner, Psychological Examiner,or Certified Psychological Assistant practice in which untrue or misleading state-ments are made, or causing the publication or circulation of fraudulent advertising relativeto any disease, human ailment, or condition;(h) Willful violation of the rules promulgated by the Board to regulate advertising by practitionerswho are under the jurisdiction of such Board;(i) Conviction of a felony, conviction of any offense under state or federal drug laws, orconviction of any offense involving moral turpitude;(j) Making or signing in one’s professional capacity any certificate that is known to be falseat the time one makes or signs such certificate;(k) Offering, undertaking, or agreeing to cure or treat a disease, injury, ailment or infirmityby a secret means, method, device or instrumentality;(l) Giving, receiving, or aiding or abetting the giving or receiving of rebates, either directlyor indirectly, for referrals of business or patients;(m) Engaging in practice as a licensee or certificate holder under a false or assumed name,or the impersonation of another practitioner of a like, similar or different name;(n) Engaging in practice as a licensee or certificate holder when mentally or physically unableto safely do so;(o) Violation of the continuing education provisions of these rules;(p) Violation of the scope of practice statutes T.C.A. §§ 63-11-201 through 63-11-206; or(q) Disciplinary action against a person licensed, certified, registered, or permitted to practicepsychology by another state or territory of the United States for any acts or omissionswhich would constitute grounds for discipline of a person licensed in this state. Acertified copy of the initial or final order or other equivalent document memorializing thedisciplinary action from the disciplining state or territory shall constitute prima facie evidenceof violation of this subparagraph and be sufficient grounds upon which to deny,restrict or condition licensure or renewal and/or discipline a person licensed or certifiedin this state.

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1180-01-.10 DISCIPLINARY GROUNDS, ACTIONS, CIVIL PENALTIES, SETTLEMENTS, AND SCREENING PANELS.

(2) Board actions against violations

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(2) Upon a finding by the Board that a Psychologist, Senior Psychological Examiner, PsychologicalExaminer, or Certified Psychological Assistant has violated any provision of the TennesseePsychology Act (T.C.A. §§ 63-11-201, et seq.) or the rules promulgated pursuant thereto,the Board may take any of the following actions separately or in any combination which isdeemed appropriate to the offense:

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1180-01-.10 DISCIPLINARY GROUNDS, ACTIONS, CIVIL PENALTIES, SETTLEMENTS, AND SCREENING PANELS.

the Board may take any of the following actions separately or in any combination which is deemed appropriate to the offense:

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(a) Advisory censure. This is a written action issued for minor or near infractions. It is informaland advisory in nature and does not constitute a formal disciplinary action.(b) Formal censure or reprimand. This is a written action issued for single occurrence andless severe violations. It is a formal disciplinary action.(c) Probation. This is a formal disciplinary action which places a Psychologist, SeniorPsychological Examiner, Psychological Examiner, or Certified Psychological Assistanton close scrutiny for a fixed period of time. This action may be combined with conditionswhich must be met before probation will be lifted and/or which restrict the individual’sactivities during the probationary period.

(d) License or certificate suspension. This is a formal disciplinary action which suspendsthe right to practice for a fixed period of time. It contemplates re-entry into practice underthe license or certificate previously issued.(e) Revocation for cause. This is the most severe form of disciplinary action which removesan individual from the practice of the profession and terminates the license orcertificate previously issued. The Board, in its discretion, may allow reinstatement of arevoked license or certificate upon conditions and after a period of time which it deemsappropriate. No petition for reinstatement and no new application for licensure or certificationfrom a person whose license or certificate was revoked shall be considered priorto the expiration of at least one (1) year from the date of entry of the order unlessotherwise stated in the Board’s revocation order.

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(3) rules to reversing disciplinary actions

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(3) Once ordered, probation, suspension, revocation, assessment of a civil penalty, or any othercondition of any type of disciplinary action may not be lifted unless and until the licensee orcertificate holder petitions, pursuant to paragraph (4) of this rule, and appears before theBoard after the period of initial probation, suspension, revocation, or other conditioning hasrun and all conditions placed on the probation, suspension, revocation, have been met, andafter any civil penalties assessed have been paid.

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(4) Order of Compliance

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(4) Order of Compliance - This procedure is a necessary adjunct to previously issued disciplinaryorders and is available only when a petitioner has completely complied with the provisions ofa previously issued disciplinary order, including an unlicensed or uncertified practice civilpenalty order, and wishes or is required to obtain an order reflecting that compliance.

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(4, a) petitions for an Order of Compliance

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(a) The Board will entertain petitions for an Order of Compliance as a supplement to a previouslyissued order upon strict compliance with the procedures set forth in subparagraph(b) in only the following three (3) circumstances:1. When the petitioner can prove compliance with all the terms of the previously issuedorder and is seeking to have an order issued reflecting that compliance; or2. When the petitioner can prove compliance with all the terms of the previously issuedorder and is seeking to have an order issued lifting a previously orderedsuspension or probation; or3. When the petitioner can prove compliance with all the terms of the previously issuedorder and is seeking tohave an order issued reinstating a license or certificatepreviously revoked.

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(4, b) Procedures

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1. The petitioner shall submit a Petition for Order of Compliance, as contained insubparagraph (c), to the Board’s Administrative Office that shall contain all of thefollowing:(i) A copy of the previously issued order; and(ii) A statement of which provision of subparagraph (a) the petitioner is relyingupon as a basis for the requested order; and(iii) A copy of all documents that prove compliance with all the terms or conditionsof the previously issued order. If proof of compliance requires testimony of an individual(s), including that of the petitioner, the petitioner mustsubmit signed statements from every individual the petitioner intends to relyupon attesting, under oath, to the compliance. The Board’s consultantand administrative staff, in their discretion, may require such signed statementsto be notarized. No documentation or testimony other than thatsubmitted will be considered in making an initial determination on, or a finalorder in response to, the petition.

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2. Board authorizes its consultant and administrative staff to make an initial determination

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2. The Board authorizes its consultant and administrative staff to make an initial determinationon the petition and take one of the following actions:

(i) Certify compliance and have the matter scheduled for presentation to theBoard as an uncontested matter; or(ii) Deny the petition, after consultation with legal staff, if compliance with all ofthe provisions of the previous order is not proven and notify the petitionerof what provisions remain to be fulfilled and/or what proof of compliancewas either not sufficient or not submitted.

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(3-5) other rules re: petitioning

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3. If the petition is presented to the Board the petitioner may not submit any additionaldocumentation or testimony other than that contained in the petition asoriginally submitted.4. If the Board finds that the petitioner has complied with all the terms of the previousorder an Order of Compliance shall be issued.5. If the petition is denied either initially by staff or after presentation to the Boardand the petitioner believes compliance with the order has been sufficiently proventhe petitioner may, as authorized by law, file a petition for a declaratory orderpursuant to the provisions of T.C.A. § 4-5-223 and rule 1200-10-1-.11.

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(5) Order Modifications

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(5) Order Modifications - This procedure is not intended to allow anyone under a previously issueddisciplinary order, including an unlicensed or uncertified practice civil penalty order, tomodify any findings of fact, conclusions of law, or the reasons for the decision contained inthe order. It is also not intended to allow a petition for a lesser disciplinary action, or civilpenalty other than the one(s) previously ordered. All such provisions of Board orders weresubject to reconsideration and appeal under the provisions of the Uniform AdministrativeProcedures Act (T.C.A. §§ 4-5-301, et seq.). This procedure is not available as a substitutefor reconsideration and/or appeal and is only available after all reconsideration and appealrights have been either exhausted or not timely pursued. It is also not available for thosewho have accepted and been issued a reprimand.

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(a) petitions for modification

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(a) The Board will entertain petitions for modification of the disciplinary portion of previouslyissued orders upon strict compliance with the procedures set forth in subparagraph(b) only when the petitioner can prove that compliance with any one or more of theconditions or terms of the discipline previously ordered is impossible. For purposes ofthis rule the term “impossible” does not mean that compliance is inconvenient or impracticalfor personal, financial, scheduling or other reasons.

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(b) Procedures

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(b) Procedures1. The petitioner shall submit a written and signed Petition for Order Modification onthe form contained in subparagraph (c) to the Board’s Administrative Office thatshall contain all of the following:(i) A copy of the previously issued order; and(ii) A statement of why the petitioner believes it is impossible to comply withthe order as issued; and(iii) A copy of all documents that proves that compliance is impossible. If proofof impossibility of compliance requires testimony of an individual(s), including that of the petitioner, the petitioner must submit signed and notarizedstatements from every individual the petitioner intends to rely upon attesting,under oath, to the reasons why compliance is impossible. No documentationor testimony other than that submitted will be considered in makingan initial determination on, or a final order in response to, the petition.

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(2) determination on the petition

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2. The Board authorizes its consultant and administrative staff to make an initial determinationon the petition and take one of the following actions:(i) Certify impossibility of compliance and forward the petition to the Office ofGeneral Counsel for presentation to the Board as an uncontested matter;or(ii) Deny the petition, after consultation with legal staff, if impossibility of compliancewith the provisions of the previous order is not proven and notifythe petitioner of what proof of impossibility of compliance was either notsufficient or not submitted.

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(3-5) other rules re: petitioning for modification

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3. If the petition is presented to the Board the petitioner may not submit any additionaldocumentation or testimony other than that contained in the petition asoriginally submitted.4. If the petition is granted a new order shall be issued reflecting the modificationsauthorized by the Board that it deemed appropriate and necessary in relation tothe violations found in the previous order.5. If the petition is denied either initially by staff or after presentation to the Boardand the petitioner believes impossibility of compliance with the order has beensufficiently proven the petitioner may, as authorized by law, file a petition for adeclaratory order pursuant to the provisions of T.C.A. § 4-5-223 and rule 1200-10-1-.11.

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1180-01-.10 DISCIPLINARY GROUNDS, ACTIONS, CIVIL PENALTIES, SETTLEMENTS, AND SCREENING PANELS.

(6) Civil penalties. (a) Purpose.

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(6) Civil penalties.(a) Purpose. The purpose of this paragraph is to set out a schedule designating the minimumand maximum civil penalties which may be assessed pursuant to T.C.A. § 63-1-134.

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1180-01-.10 DISCIPLINARY GROUNDS, ACTIONS, CIVIL PENALTIES, SETTLEMENTS, AND SCREENING PANELS.

(b) Schedule of civil penalties. 1. “Type A”

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(b) Schedule of civil penalties.1. A “Type A” civil penalty may be imposed whenever the Board finds the personrequired to be licensed, permitted, or authorized by the Board is guilty of a willfuland knowing violation of the Psychology Act or rules promulgated pursuantthereto, to such an extent that there is, or is likely to be, an imminent, substantialthreat to the health, safety and welfare of an individual patient or the public. Forpurposes of this paragraph, willfully and knowingly practicing as a Psychologist,Senior Psychological Examiner, Psychological Examiner, or Certified PsychologicalAssistant without a permit, license, certificate or other authorization from theBoard is one of the violations of the Psychology Act for which a “Type A” civilpenalty is assessable.

1. “Type A” civil penalties shall be assessed in the amount of not less than fivehundred dollars ($500) nor more than one thousand dollars ($1000).

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1180-01-.10 DISCIPLINARY GROUNDS, ACTIONS, CIVIL PENALTIES, SETTLEMENTS, AND SCREENING PANELS.

2. A “Type B” civil penalty

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2. A “Type B” civil penalty may be imposed whenever the Board finds the personrequired to be licensed, certified, permitted, or authorized by the Board is guiltyof a violation of the Psychology Act or rules promulgated pursuant thereto insuch a manner as to impact directly on the care of patients or the public.

2. “Type B” civil penalties may be assessed in the amount of not less than one hundreddollars ($100) nor more than five hundred dollars ($500).

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1180-01-.10 DISCIPLINARY GROUNDS, ACTIONS, CIVIL PENALTIES, SETTLEMENTS, AND SCREENING PANELS.

3. A “Type C” civil penalty

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3. A “Type C” civil penalty may be imposed whenever the Board finds the personrequired to be licensed, certified, permitted, or authorized by the Board is guiltyof a violation of the Psychology Act or rules promulgated pursuant thereto, whichare neither directly detrimental to the patients or the public, nor directly impacttheir care, but have only an indirect relationship to patient care or the public.

3. “Type C” civil penalties may be assessed in the amount of not less than fifty dollars($50) nor more than one hundred dollars ($100).

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1180-01-.10 DISCIPLINARY GROUNDS, ACTIONS, CIVIL PENALTIES, SETTLEMENTS, AND SCREENING PANELS.

(d,1) Procedures for assessing civil penalties -

Memorandum of Assessment of Civil Penalty

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1. The Division may initiate a civil penalty assessment by filing a Memorandum ofAssessment of Civil Penalty. The Division shall state in the memorandum thefacts and law upon which it relies in alleging a violation, the proposed amount ofthe civil penalty and the basis for such penalty. The Division may incorporate theMemorandum of Assessment of Civil Penalty with a Notice of Charges.

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1180-01-.10 DISCIPLINARY GROUNDS, ACTIONS, CIVIL PENALTIES, SETTLEMENTS, AND SCREENING PANELS.

(d, 2) Procedures for assessing civil penalties - initiated by the Board

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2. Civil penalties may also be initiated and assessed by the Board during considerationof any Notice of Charges. In addition, the Board may, upon good causeshown, assess a type and amount of civil penalty which was not recommendedby the Division.

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1180-01-.10 DISCIPLINARY GROUNDS, ACTIONS, CIVIL PENALTIES, SETTLEMENTS, AND SCREENING PANELS.

3. In assessing the civil penalties pursuant to these rules the Board may considerthe following factors:

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3. In assessing the civil penalties pursuant to these rules the Board may considerthe following factors:

(i) Whether the amount imposed will be a substantial economic deterrent tothe violator;(ii) The circumstances leading to the violation;(iii) The severity of the violation and the risk of harm to the public;(iv) The economic benefits gained by the violator as a result of noncompliance;and(v) The interest of the public.4. All proceedings for the assessment of civil penalties shall be governed by theAdministrative Procedures Act, T.C.A. §§ 4-5-301, et seq.

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1180-01-.10 DISCIPLINARY GROUNDS, ACTIONS, CIVIL PENALTIES, SETTLEMENTS, AND SCREENING PANELS.

(7) Settlements.

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(7) Settlements. Any member of the Board or the Consultant is authorized to enter into settlementagreements under which a complaint against a licensee or certificate holder may beclosed, subject to ratification by the Board. Such agreements may include any termsdeemed appropriate including, but not limited to:(a) Mandatory education program or course attendance;(b) Submission of reports, records or other appropriate documentation; or(c) Conditioning of the Psychologist’s, Senior Psychological Examiner’s, PsychologicalExaminer’s, or Certified Psychological Assistant’s activities in any manner which affectshis or her practice in Tennessee.

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1180-01-.10 DISCIPLINARY GROUNDS, ACTIONS, CIVIL PENALTIES, SETTLEMENTS, AND SCREENING PANELS.

(8, a) Screening Panels - Any screening panel(s) established pursuant to T.C.A. § 63-1-138:

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(a) Shall have concurrent authority with the Board members and any individual Psychologistdesignated by the Board pursuant to paragraph (5) of Rule 1180-01-.14, to do theacts enumerated in paragraph (5) of Rule 1180-01-.14 subject to the conditions containedtherein.1. A screening panel(s) comprised of two (2) or more persons shall elect a chairpersonprior to convening to conduct business.2. A screening panel(s) comprised of two (2) or more persons is required to conductthe informal hearings authorized in subparagraph (b) immediately below.

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1180-01-.10 DISCIPLINARY GROUNDS, ACTIONS, CIVIL PENALTIES, SETTLEMENTS, AND SCREENING PANELS.

(8, b) Screening Panels - Any screening panel(s) established pursuant to T.C.A. § 63-1-138:

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(b) After completion of an investigation by the Division, may upon request of either thestate, or the licensee or certificate holder who is the subject of an investigation with theagreement of the state, or upon agreement of both the licensee or certificate holderand the state, conduct a non-binding informal hearing and make recommendations asa result thereof as to what, if any, terms of settlement of any potential disciplinary actionare appropriate.

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1180-01-.10 DISCIPLINARY GROUNDS, ACTIONS, CIVIL PENALTIES, SETTLEMENTS, AND SCREENING PANELS.

(8, b, 1) Screening Panels - Any screening panel(s) established pursuant to T.C.A. § 63-1-138: presentation of evidence

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1. Neither the Rules of Civil Procedure, the Rules of Alternative Dispute Resolution,the Rules of Evidence or Contested Case Procedural Rules under the AdministrativeProcedures Act shall apply in informal hearings before the screening panel(s).(i) Evidence may be presented or received in any manner and in whateverorder agreed upon by the parties.(ii) Prior to convening the panel and in the absence of an agreement of theparties, the screening panel chairperson shall determine the manner andorder of presentation of evidence.

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1180-01-.10 DISCIPLINARY GROUNDS, ACTIONS, CIVIL PENALTIES, SETTLEMENTS, AND SCREENING PANELS.

(8, b, 2, 3) Screening Panels - Any screening panel(s) established pursuant to T.C.A. § 63-1-138: presence of the person under investigation

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2. Informal hearings may be conducted without the participation of the licensee orcertificate holder who is the subject of the investigation.3. A licensee or certificate holder who is the subject of an investigation being consideredby a screening panel cannot be compelled to participate in any informalhearing.

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1180-01-.10 DISCIPLINARY GROUNDS, ACTIONS, CIVIL PENALTIES, SETTLEMENTS, AND SCREENING PANELS.

(8, b, 4) Screening Panels - Any screening panel(s) established pursuant to T.C.A. § 63-1-138: proposed settlements

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4. Proposed settlements reached as a result of any informal hearing will not becomebinding and final unless they are:(i) Approved by a majority of the members of the screening panel which issuedthem; and(ii) Agreed to by both the Department of Health, by and through its attorney(s),and the licensee or certificate holder; and(iii) Subsequently presented to and ratified by the Board or a duly constitutedpanel of the Board.

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1180-01-.11 LICENSE OR CERTIFICATE.

(1) Display of License or Certificate

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(1) Display of License or Certificate. Every person licensed by the Board shall display the licenseor certificate in a conspicuous place in his or her office and, whenever required, exhibitsuch license or certificate to the Board or its authorized representatives.

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1180-01-.11 LICENSE OR CERTIFICATE.

(2) Replacement License or Certificate.

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(2) Replacement License or Certificate. A license or certificate holder whose “artistically designed”license or certificate has been lost or destroyed may be issued a replacement documentupon receipt of a written request in the Board administrative office. Such request shallbe accompanied by an affidavit (signed and notarized) stating the facts concerning the lossor destruction of the original document and a recent signed passport type photograph and therequired replacement license or certificate fee.

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1180-01-.12 CHANGE OF ADDRESS AND/OR NAME.

(1) Change of address.

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(1) Change of address. Each person holding a license or certificate who has had a change ofaddress or place of employment shall file in writing with the Board his or her current address,giving both old and new addresses. Notifications shall be received in the Board’s administrativeoffice no later than thirty (30) days after the change is effective and must reference theindividual’s name, profession and license or certificate number.

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1180-01-.12 CHANGE OF ADDRESS AND/OR NAME.

(2) Change of name.

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(2) Change of name. An individual registered with the Board shall notify the Board in writingwithin thirty (30) days of a name change and will provide both the old and new names. A noticeof name change must also include a copy of the legal document which implements thename change and reference the individual’s profession, Board and license or certificate number.

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1180-01-.13 MANDATORY RELEASE OF PATIENT RECORDS

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(1) Within ten (10) working days of receipt of a written request from a patient or the patient’s authorizedrepresentative, an individual licensed by this Board shall provide a complete copy ofthe patient’s records, or summary of such records which were maintained by the provider.(2) A licensee shall be entitled to charge reasonable costs, as outlined by T.C.A. § 63-2-102, forthe reproduction of records to a third party not to exceed twenty dollars ($20.00) for reports orrecords five (5) pages or less in length and fifty cents ($.50) per page for each page copiedafter the first five (5) pages for copying and mailing patient records.

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1180-01-.14 BOARD MEETINGS, OFFICERS, CONSULTANTS, RECORDS AND DECLARATORYORDERS.

Purpose of the Board

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The Board is charged with the responsibility of regulating the practice of psychology in orderto protect the citizens of Tennessee. The Board, by formulating and administering examinations, credentials candidates for licensure and continues this credentialing process by approving educational seminarsfor licensees or certificate holders in appropriate subject material, or specific educational requirements foran individual licensee or certificate holder as the result of a censure, reprimand or action taken in a formalhearing conducted or ratified by the Board.

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1180-01-.14 BOARD MEETINGS, OFFICERS, CONSULTANTS, RECORDS AND DECLARATORY ORDERS.

(1) Board meetings: time, place, special mtgs

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(a) The time, place and frequency of Board meetings shall be at the discretion of theBoard, except at least one (1) meeting shall be held annually.(b) Special meetings are called at the discretion of the Board chair or at the written requestfrom two (2) members of the Board.(c) All meetings of the Board shall be open to the public.

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1180-01-.14 BOARD MEETINGS, OFFICERS, CONSULTANTS, RECORDS AND DECLARATORY ORDERS.

(2) The Board shall elect from its members the following officers:

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(a) Chair. The member who shall preside at all Board meetings, appoint committees andcorrespond with other Board members when appropriate.(b) Vice Chair. The member whose duties will be to preside at a Board meetings in theabsence or unavailability of the Chair and who along with the Board administrator shallbe responsible for correspondence from the Board

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1180-01-.14 BOARD MEETINGS, OFFICERS, CONSULTANTS, RECORDS AND DECLARATORY ORDERS.

(3) Responsibilities of the Board include, but are not limited to:

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(a) Adopt and revise rules as may be necessary to carry out its powers and duties.(b) Adopt and/or administer examinations.(c) Examine applications and deny, withhold or approve the licenses or certificates of applicantsand renew licenses or certificates.(d) Appoint designee(s) to assist in the performance of its duties, (i.e., examination proctors).(e) Conduct hearings.

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1180-01-.14 BOARD MEETINGS, OFFICERS, CONSULTANTS, RECORDS AND DECLARATORY ORDERS.

(4) Conflict of interest.

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(4) Conflict of interest. Any Board member having an immediate personal, private or financial interestin any matter pending before the Board shall disclose the fact in writing or orally at apublic meeting and shall not vote upon such matter.

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1180-01-.14 BOARD MEETINGS, OFFICERS, CONSULTANTS, RECORDS AND DECLARATORY ORDERS.

(5) Board consultant, authority to do the following acts:

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(5) The Board shall select a Board consultant who shall serve as a consultant to the Division andwho is vested with the authority to do the following acts:

(a) Meet with the Board attorney to review complaints received against licensees or certificateholders.(b) Act in concert with the attorney to send warning letters of a non-disciplinary nature to licenseesor certificate holders, where appropriate, and close complaint files determinedby the consultant and the attorney not to constitute violations of the practice act. (c) Recommend whether and what type disciplinary actions should be instituted as the resultof complaints received or investigations conducted by the Division.(d) Recommend whether and/or under what terms a disciplinary action may be settled.Any disciplinary matter proposed for settlement must be subsequently reviewed, evaluatedand ratified by the full Board before it becomes effective.(e) Undertake any other matter authorized by a majority vote of the Board.

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1180-01-.14 BOARD MEETINGS, OFFICERS, CONSULTANTS, RECORDS AND DECLARATORY ORDERS.

(6) Records and complaints

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(a) All requests, applications, notices, other communications and correspondence shall bedirected to the Board’s administrative office. Any requests or inquiries requiring aBoard decision or official Board action, except documents relating to disciplinary actionsor hearing requests, must be received fourteen (14) days prior to a scheduledBoard meeting and will be retained in the Board’s administrative office and presentedto the Board at the Board meeting.(b) All records of the Board, except those made confidential by law, are open for inspectionand examination under the supervision of an employee of the Division at the Board’sadministrative office during normal business hours.(c) Copies of public records shall be provided to any person upon payment of the cost ofcopying.(d) Complaints made against a licensee or certificate holder become public information onlyupon the filing of a notice of charges by the Department.(e) All complaints should be directed to the Investigations Section of Health RelatedBoards.

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1180-01-.14 BOARD MEETINGS, OFFICERS, CONSULTANTS, RECORDS AND DECLARATORY ORDERS.

(7) Declaratory orders

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(7) Declaratory orders - The Board adopts, as if fully set out herein, rule 1200-10-1-.11, of theDivision of Health Related Boards and as it may from time to time be amended, as its rulegoverning the declaratory order process. All declaratory order petitions involving statutes,rules or orders within the jurisdiction of the Board shall be addressed by the Board pursuantto that rule and not by the Division. Declaratory order petition forms can be obtained from theBoard’s administrative office.

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1180-01-.14 BOARD MEETINGS, OFFICERS, CONSULTANTS, RECORDS AND DECLARATORY ORDERS.

(8) Reconsiderations and Stays.

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(8) Reconsiderations and Stays. The Board authorizes the member who chaired the Board for acontested case to be the agency member to make the decisions authorized pursuant to rule1360-4-1-.18 regarding petitions for reconsiderations and stays in that case.

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1180-01-.15 ADVERTISING AND OTHER PUBLIC STATEMENTS.

(1) Definition of public statements.

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(1) Definition of public statements. Public statements relate to professional services, products,or publications or to the field of psychology. Public statements include but are not limited topaid or unpaid advertising, brochures, printed matter, directory listings, personal resumes orcurricula vitae, interviews or comments for use in media, statements in legal proceedings,lectures and public oral presentations, and published materials.

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1180-01-.15 ADVERTISING AND OTHER PUBLIC STATEMENTS.

(2) Statements by others.

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(a) Licensees or certificate holders who engage others to create or place public statementsthat promote their professional practice, products, or activities retain professional responsibilityfor such statements.(b) In addition, licensees or certificate holders make reasonable efforts to prevent otherswhom they do not control (such as employers, publishers, sponsors, organizational clientsand representatives of the print or broadcast media) from making deceptivestatements concerning licensees’ or certificate holders’ practice or professional or scientificactivities.(c) If licensees or certificate holders learn of deceptive statements about their work madeby others, licensees or certificate holders make reasonable efforts to correct suchstatements.(d) Licensees or certificate holders do not compensate employees of press, radio, televisionor other communication media in return for publicity in a news item.(e) A paid advertisement relating to the licensee’s or certificate holder’s activities must beidentified as such, unless it is already apparent from the context.

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1180-01-.15 ADVERTISING AND OTHER PUBLIC STATEMENTS.

(3) Avoidance of false or deceptive statements.

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(3) Avoidance of false or deceptive statements. Licensees or certificate holders do not makepublic statements that are false, deceptive, misleading or fraudulent, either because of whatthey state, convey, or suggest or because of what they omit, concerning their research, practiceor other work activities or those of persons or organizations with which they are affiliated.As examples (and not in limitation) of this standard, licensees or certificate holders do notmake false or deceptive statements concerning (1) their training, experience, or competence;(2) their academic degrees; (3) their credentials; (4) their institutional or association affiliations;(5) their services; (6) the scientific or clinical basis for, or results or degrees of successof their services; (7) their fees; or (8) their publications or research findings.

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1180-01-.15 ADVERTISING AND OTHER PUBLIC STATEMENTS.

(4) Media presentations.

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(4) Media presentations. When licensees or certificate holders provide advice or comment bymeans of public lectures, demonstrations, radio or television programs, prerecorded tapes,printed articles, mailed material or other media, they take reasonable precautions to ensurethat (1) the statements are based on appropriate psychological literature and practice, (2) thestatements are otherwise consistent with the Ethics Code, and (3) the recipients of the informationare not encouraged to infer that a relationship has been established with them personally.

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1180-01-.15 ADVERTISING AND OTHER PUBLIC STATEMENTS.

(5) Licensees or certificate holders do not solicit testimonials

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(5) Licensees or certificate holders do not solicit testimonials from current psychotherapy clientsor patients or other persons who because of their particular circumstances are vulnerable toundue influence.

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1180-01-.15 ADVERTISING AND OTHER PUBLIC STATEMENTS.

(6) In-person solicitation.

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(6) In-person solicitation. Licensees or certificate holders do not engage, directly or throughagents, in uninvited in-person solicitation of business from actual or potential psychotherapypatients or clients or other persons who because of their particular circumstances are vulnerableto undue influence. However, this does not preclude attempting to implement appropriatecollateral contacts with significant others for the purpose of benefiting an already engagedtherapy patient.

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1180-01-.16 CONSUMER RIGHT-TO-KNOW REQUIREMENTS

(1) Malpractice reporting requirements.

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(1) Malpractice reporting requirements. The threshold amount below which medical malpractice judgments, awards or settlements in which payments are awarded to complaining parties need not be reported pursuant to the “Health Care Consumer Right-To-Know Act of 1998” shall be ten thousand dollars ($10,000).

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1180-01-.16 CONSUMER RIGHT-TO-KNOW REQUIREMENTS

(2) Criminal conviction reporting requirements

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(2) Criminal conviction reporting requirements. For purposes of the “Health Care ConsumerRight-To-Know Act of 1998”, the following criminal convictions must be reported:(a) Conviction of any felony.(b) Conviction or adjudication of guilt of any misdemeanor, regardless of its classification,in which any element of the misdemeanor involves any one or more of the following:1. Sex.2. Alcohol or drugs.3. Physical injury or threat of injury to any person.4. Abuse or neglect of any minor, spouse or the elderly.5. Fraud or theft

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1180-01-.16 CONSUMER RIGHT-TO-KNOW REQUIREMENTS

(c) If any misdemeanor conviction reported under this rule is ordered expunged

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(c) If any misdemeanor conviction reported under this rule is ordered expunged, a copy ofthe order of expungement signed by the judge must be submitted to the Departmentbefore the conviction will be expunged from any profile.