4672216 This proposed rulemaking will update and clarify the rules governing the qualifications for licensure, supervised psychological practice, and required continuing education. It will also add provisions governing the supervision of psychology ...

DEPARTMENT OF HEALTH

 

NOTICE OF PROPOSED RULEMAKING

 

The Director of the Department of Health, pursuant to the authority set forth in § 302 (14) of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1203.02(14) (2012 Repl.)), and Mayor’s Order 98-140, dated August 20, 1998, hereby gives notice of the intent to take proposed rulemaking action by adopting the following amendments to Chapter 69 (Psychology) of Title 17 (Business, Occupations, and Professions) of the District of Columbia Municipal Regulations (DCMR), in not less than thirty (30) days from date of publication of this notice in the D.C. Register.

 

The purpose of this rulemaking is to update and clarify the rules governing the qualifications for licensure, supervised psychological practice, and required continuing education.  Additionally, this rulemaking also incorporate provisions governing the supervision of psychology associates, currently effective under Chapter 86 of Title 17 of the DCMR.

 

CHAPTER 69 (PSYCHOLOGY) OF TITLE 17 (BUSINESS, OCCUPATIONS, AND PROFESSIONS) OF THE DISTRICT OF COLUMBIA MUNICIPAL REGULATIONS is amended as follows:

 

Section 6902, EDUCATIONAL REQUIREMENTS, is amended to read as follows:

 

6902                EDUCATIONAL AND TRAINING REQUIREMENTS

 

6902.1             Except as otherwise provided in this subtitle, an applicant for a license shall furnish proof satisfactory to the Board, in accordance with § 504(o) of the Act, D.C. Official Code § 3-1205.04(o), of the following:

 

(a)                That the applicant has received a doctoral degree from an institution which was accredited, at the time the degree was conferred, by an accrediting body recognized by the Secretary of the United States Department of Education or the Council on Postsecondary Accreditation;

 

(b)               That the applicant meets one (1) of the following requirements:

 

(1)               That the applicant's doctoral degree program is listed in the "Doctoral Psychology Program Meeting Designation Criteria" published annually by the Association of State and Provincial Psychology Boards or the Council for the National Register of Health Service Providers in Psychology (the National Register), applicable for the year in which the degree was conferred;

 

(2)               That the applicant's doctoral degree program was accredited by the American Psychological Association (“APA”) at the time the degree was awarded;

 

(3)               That the applicant’s doctoral degree was conferred prior to 1981; or

 

(4)               That the applicant holds an active diploma awarded by the American Board of Professional Psychology (“ABPP”) ; and

 

(c)        That the applicant has completed at least four thousand (4,000) hours of psychological practice experience (PPE) meeting the requirements of this chapter.

 

6902.2             The four thousand (4,000) hours of psychological practice experience required pursuant to § 6902.1(c) may have been acquired after conferral of the doctoral degree; or up to two thousand (2,000) hours may have been acquired during a pre-doctoral internship with the remaining hours acquired within two years after conferral of the doctoral degree.  The Board may, at its discretion, grant an extension of the two (2) year time limit for good cause shown.

 

6902.3             If an applicant chooses to acquire the four thousand (4,000) hours of psychological practice after he or she has obtained the doctoral degree, the hours shall be obtained over a period of not less than two (2) years and not more than three (3) years commencing the day after conferral of the applicant’s doctoral degree but before the date the application is submitted. The Board may, at its discretion, extend the three (3) year time limit for good cause shown.

 

6902.4             The psychological practice experience required pursuant to § 6902.1(c) shall be acquired in at least one of the following ways:

 

(a)                An internship program accredited by the APA or meeting the membership criteria established by the Association of Psychology Postdoctoral and Internship Centers (APPIC);

 

(b)               A postdoctoral program accredited by the APA or meeting the membership criteria established by APPIC; or

 

(c)                A psychological practice experience meeting the criteria enumerated in § 6902.5.

 

6902.5             A psychological practice experience that does not meet the requirements of § 6902.4(a) or (b) shall meet the following requirements:

 

(a)                All practice shall be under the general supervision of a psychologist licensed in a jurisdiction of the United States, who shall be the primary supervisor;

 

(b)               The primary supervisor may delegate the supervisory responsibilities to another licensed psychologist, psychiatrist, or independent clinical social worker;

 

(c)                A minimum of ten percent (10%) of the total practice hours shall be performed  under immediate supervision of the primary supervisor;

 

(d)               The primary supervisor shall ensure that the overall psychological practice experience complies with the requirements under this chapter and is consistent with the goals and principles of the professional practice of psychology; and

 

(e)                The applicant’s performance shall have been rated as at least satisfactory by each supervisor.

 

6902.6             An applicant for a license shall demonstrate the completion of the psychological practice experience required pursuant to § 6902.1(c) by submitting with the application a signed attestation from each supervisor who supervised the applicant during the required supervised practice.  The supervisor’s attestation shall set forth the following:

 

(a)                That the supervision provided meets all the requirements of this section;

 

(b)               Detailed information of any delegated supervision where applicable;

 

(c)                The license numbers and the jurisdictions in which all supervisors were licensed during the supervisory period;

 

(d)               The location at which and the period of time during which the psychological practice experience took place;

 

(e)                The specific nature of and the responsibilities included in psychological practice experience obtained by the applicant; and

 

(f)                A rating of the applicant’s performance from all supervisors.

 

6902.7             An applicant for a license who has been licensed in another jurisdiction in the United States but who does not qualify for licensure by endorsement due to a lack of psychological practice experience meeting requirements of this section may rely upon at least two (2) years of licensed, unsupervised practice to fulfill the  requirement of  § 6902.1(c). The applicant shall submit a certificate of licensure in good standing with the application and a statement which sets forth the location, duration, total hours, and specific nature of the applicant’s practice.

 

6902.8             An applicant whose doctoral program does not meet the requirements of § 6902.1(b) shall be eligible for licensure provided that the applicant was enrolled in the doctoral program prior to April 15, 2011, and the applicant meets all other requirements of this chapter necessary for licensure.

 

6902.9             The Board may waive any specific requirements of § 6902.5 if the psychological practice experience was initiated prior to June 30, 2014.

 

Section 6904, NATIONAL EXAMINATION, is amended to read as follows:

 

6904                NATIONAL EXAMINATION

 

6904.1             To qualify for a license by examination, an applicant shall receive one of the following scores:

 

(a)                A score not lower than one-half (0.5) standard deviation below the national mean score on the Examination for the Professional Practice of Psychology (EPPP), sponsored by the Association of State and Provincial Psychology Boards (ASPPB);

 

(b)               A passing score, as determined by the Board, on a successor examination to the ASPPB’s EPPP examination; or

 

(c)                A passing score on the examination sponsored by the American Board of Professional Psychology (ABPP).

 

6904.2             An applicant who has passed an examination specified in § 6904.1 more than five (5) years prior to the application date, but who does not qualify for a license by reciprocity or endorsement pursuant to the Act and § 4014 of this title, shall not be required to retake the examination if the applicant demonstrates to the satisfaction of the Board that the applicant has been continuously licensed and practicing as a psychologist in the United States since the date the applicant passed the examination.

 

6904.3             An applicant who desires to take an examination specified in § 6904.1(a) shall submit an application and supporting documentation to the Board in order to receive authorization to sit for the examination.

 

6904.4            An authorization for an applicant to take the EPPP examination pursuant to § 6904.3 shall be valid for one hundred and twenty (120) days.  If an applicant fails to take and pass the EPPP within one hundred and twenty (120) days, the application shall be closed and the authorization for supervised practice, if any had been granted, shall expire on the day the application is closed.  The Board may extend the time limit for good cause shown.

 

6904.4             An applicant shall submit the applicant’s examination results, which have been certified or validated by the ASPPB or ABPP, to the Board with the completed application.

 

6904.5             An applicant who fails the EPPP examinations on two (2) consecutive attempts may not receive authorization to take another examination for one (1) year following the second failure. Thereafter, the applicant may not take an examination for one (1) year after each failure.

 

Section 6905, DISTRICT EXAMINATION AND INTERVIEW, is amended to read as follows:

 

6905                DISTRICT OF COLUMBIA JURISPRUDENCE EXAMINATION

 

6905.1             To qualify for a license under this chapter, an applicant shall receive a passing score on a jurisprudence examination developed by the Board on the laws and rules of the District of Columbia and the ethical standards pertaining to the practice of psychology in the District.

 

6905.2             An applicant shall not be eligible to take the District examination until all other requirements for a license are met.

 

6905.3             The jurisprudence examination may consist of questions on the following:

 

(a)                The District of Columbia statutes and rules concerning the practice of psychology; and

 

(b)               The Code of Ethics of the American Psychological Association.

 

6905.4             The passing score on the jurisprudence examination shall be set by the Board.

                                

6905.5             The Board may require applicants to be interviewed with respect to their past and present education and experience relating to psychology.

 

6905.6             An applicant who fails the jurisprudence examination on two (2) consecutive attempts may not retake the examination for six (6) months following the second failure. Thereafter, the applicant may not retake the examination for one (1) year after each failure. 

 

Section 6906, CONTINUING EDUCATION REQUIREMENTS, is amended to read as follows:

 

6906                CONTINUING EDUCATION REQUIREMENTS

 

6906.1             Subject to § 6906.2, this section shall apply to applicants for the renewal, reactivation, or reinstatement of a license.

 

6906.2             This section shall not apply to applicants for an initial license by examination, reciprocity, or endorsement, nor shall it apply to applicants for the first renewal of a license granted by examination.

 

6906.3             A continuing education credit shall be valid only if it is part of a program or activity approved by the Board in accordance with § 6907.

 

6906.4             To qualify for the renewal of a license, a renewal, reactivation, or reinstatement applicant shall complete a minimum of thirty (30) hours of qualified continuing education in accordance with this section and § 6907 during the two (2)year period preceding the date the license expires.  At least fifteen (15) hours of qualified continuing education shall be completed in live program(s).

 

6906.5             A reactivation applicant  in inactive status within the meaning of § 511 of the Act, D.C. Official Code § 3-1205.11, who submits an application to reactivate a license that has been inactive up to a maximum of two (2) years shall submit proof of having completed fifteen (15) approved continuing education hours for each inactive year. A reactivation applicant whose license was inactive for more than two (2) years shall retake and pass the D.C. jurisprudence examination, as provided in § 6905, and shall complete the number and type of continuing education credits required by Board which shall be determined on a case-by-case basis.

 

6906.6             An applicant for reinstatement whose license had expired no more than two (2) years shall submit proof of having completed fifteen (15) approved continuing education hours for each year after the license expired.  A reinstatement applicant whose license has expired for more than two (2) years shall retake and pass the D.C. jurisprudence examination, as provided in § 6905, and complete the number and type of continuing education credits required by the Board, which shall be determined on a case by case basis.

 

6906.7             A renewal, reactivation, or reinstatement applicant shall prove completion of required continuing education credits by submitting the following information with respect to each continuing education program or activity:

 

(a)                The name and address of the sponsor of the program;

 

(b)               The name of the program, its location, a description of the subject matter covered, a complete schedule with time allotments for each topic or subtopic and lunch or breaks, and the name of each instructor or speaker;

 

(c)                The date(s) on which the applicant participated in the program;

 

(d)               The hours of continuing education credit claimed; and

 

(e)                A copy of the continuing education completion verification document that includes the sponsor’s signature and seal.

 

6906.8             An applicant under this section shall prove completion of continuing education course work which was audited, as provided in § 6908.3, by submitting a signed statement from the instructor on college stationery for each class attended.

 

6906.9             An applicant under this section shall complete three (3) continuing education credits in each of the following:

 

(a)                Ethics or risk liability; and

 

(b)               Cultural competence.

 

Section 6907, APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES, is amended to read as follows:

 

6907                     APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

 

6907.1             The Board may, at its discretion, approve continuing education programs and activities that meet the requirements of this section and contribute to the growth of an applicant or licensee in professional competence in the practice of psychology based on the following criteria:

 

(a)                They are relevant to psychological practice, education, and science;

 

(b)               They enable psychologists to keep pace with emerging issues and technologies; or

 

(c)                They enable psychologists to maintain, develop, and increase competencies to improve services to the public and enhance contribution to the profession.

 

6907.2             The Board may approve the following types of continuing education programs if the programs meet the requirement of § 6907.3:

 

(a)                A seminar or workshop;

 

(b)               An education program given at a conference;

 

(c)                In-service training; and

 

(d)               An online or home study course; or

 

(e)                An undergraduate or graduate course given at an accredited college or university provided that an undergraduate course shall be acceptable only if the Board determines that the course is required or needed by the applicant or licensee as an introductory component of a professional development plan for the purpose of entering an area of psychology for which the applicant or licensee is currently not qualified to practice independently.

 

6907.3             The Board may approve a continuing education program if it meets the following requirements:

 

(a)                It is current in its subject matter;

 

(b)               It has been developed by qualified individuals of whom one shall be a psychologist;

 

(c)                It was or will be taught or facilitated by at least one qualified individual; and

 

(d)               It meets one of the following requirements:

 

(1)               It is administered by an accredited college or university;

 

(2)               It has been approved by a Board-recognized psychology organization, accredited health care facility, or other legally constituted organization; or

 

(3)               The program sponsor submits the program information to the Board for review no less than sixty (60) days prior to the date of the presentation and the program is approved by the Board before the program or activity starts.  The program or activity sponsor shall include each of the following:

 

(A)       The sponsor’s name and address;

 

(B)       The program’s name;

 

(C)       The location;

 

(D)       A description and specific goals;

 

(E)       The target audience’s maximum size and professional level (Master’s or doctorate);

 

(F)       The program’s tentative or actual schedule, including the allotted time for lunch, breaks and topic headings or subheadings;

 

(G)       An appropriately constructed evaluation form and continuing education completion verification document;

 

(H)       The name and credentials of each instructor or speaker including relevant education, training, research, publications, work samples(s), honor or awards, special recognition; and, if applicable;

 

(I)        The evaluation results of comparable programs or activities previously conducted.

 

6907.4             An applicant or licensee shall have the burden of verifying whether a program is approved by the Board pursuant to this section prior to attending the program.

 

6907.5             The Board may approve the following continuing education activities:

 

(a)                Serving as an instructor or speaker at a conference, seminar, workshop, or in-service training;

 

(b)               Being the author or coauthor of an article (including “critiques” and “responses”) or a book review in a professional journal or periodical, or author or coauthor of a book or book chapter;

 

(c)                Serving as an editor (including “associate” and “junior” levels) for a professional journal, periodical or book;

 

(d)               Serving as an article reviewer for a professional journal or periodical; or

 

(e)                Having developed an online or home study continuing education course.

 

Section 6908, CONTINUING EDUCATION CREDITS, is amended to read as follows:

 

6908                CONTINUING EDUCATION CREDITS

 

6908.1             The Board may grant continuing education credit for whole hours only, with a minimum of fifty (50) minutes constituting one (1) continuing education (CE) hour or credit.

 

6908.2             For approved undergraduate or graduate courses taken for educational credit, each semester credit hour shall constitute five (5) CE hours and each quarter-hour credit shall constitute seven and one-half (7-1/2) CE hours.

 

6908.3             For approved undergraduate or graduate courses that are audited, each semester hour of credit shall constitute fifteen (15) CE hours, and each quarter hour of credit shall constitute ten (10) CE hours.

 

6908.4             The Board may grant a maximum of ten (10) CE hours per licensure period to an applicant or licensee who participates in one or more in-service education programs.

 

6908.5             The Board may grant a maximum of fifty percent (50%) of an applicant’s or licensee’s continuing education requirement for completing continuing education activities listed under § 6907.5.

 

6908.6             The Board may grant credit to an applicant or licensee who serves as an instructor or speaker at an approved program for preparation and presentation time, subject to the restrictions under § 6908.7 through § 6908.9.

 

6908.7             The amount of continuing education credit that may be granted for preparation and presentation time pursuant to § 6908.6 is fifty percent (50%) of the amount of actual presentation time, subject to the limitations pursuant to § 6908.11(k).

 

6908.8             If an applicant or licensee has previously received credit in connection with a particular presentation, the Board shall not grant credit for a subsequent presentation unless it involves either a different subject or substantial additional research concerning the same subject.

 

6908.9             The presentation shall have been completed during the period for which credit is claimed.

 

6908.10           The Board may grant continuing education credit under § 6907.5(b) only if the applicant or licensee proves to the satisfaction of the Board that the work has been published or accepted for publication during the period for which credit is claimed.

 

6908.11           The Board may grant continuing education credits in the following manner:

 

(a)                For serving as a reviewer of articles submitted for publication, one (1) CE hour may be granted for each article reviewed up to a maximum of three (3) articles;

 

(b)               For providing a published critique or response to a published article, one (1) CE hour may be granted up to a maximum of three critiques or responses;

 

(c)                For publishing an article, a maximum of three (3) CE hours may be granted;

 

(d)               For publishing a book, a maximum of fifteen (15) CE hours may be granted;

 

(e)                For serving as a co-editor of a published book, a maximum of fifteen (15) continuing education credits may be divided among the co-editors with each co-editor receiving at least three (3) CE hours;

 

(f)                For publishing a book chapter, a maximum of three (3) CE hours may be granted;

 

(g)               For reviewing a book, a maximum of three (3) CE hours maybe granted;

 

(h)               For serving as a senior editor for a journal or periodical, a maximum of twelve (12) CE hours may be granted;

 

(i)                 For serving as an associate editor for a journal or periodical, a maximum of nine (9) CE hours may be granted;

 

(j)                 For serving as a junior (or comparable level) editor, six (6) CE hours may be granted;

 

(k)               For serving as a speaker or instructor for a seminar, workshop, conference or in-service training, a maximum of six (6) CE hours may be granted for each presentation; or

 

(l)                 For serving as a developer of an online or home study continuing education course, a maximum of three (3) CE hours per course may be granted.

 

6908.12           An applicant or licensee shall receive no more than fifteen (15) CE hours for any combination of the activities listed in § 6908.11 or for completing any combination of online and home study courses.

 

6908.13           No continuing education credit shall be awarded for any if either of the following is true:

 

(a)                The activity is an expected responsibility of a paid position held by the applicant or licensee (such as a professor on a tenure track publishing an article); or

 

(b)               The applicant or licensee received compensation (including honoraria) or will receive compensation for the activity in the future.

 

6908.14           The Board may grant a maximum of thirty (30) CE hours to an applicant or licensee for the completion and award of the (ABPP specialty certification during a licensure period.  The Board may grant all thirty (30) credits toward fulfillment of the continuing education requirement during one (1) licensure period or may grant fifteen (15) credits over two (2) consecutive licensure periods, provided that the completion and award of ABPP specialty certification occurred during one of the licensure periods. 

 

Section 6909, CODE OF PROFESSIONAL CONDUCT, is amended to read as follows:

 

6909                CODE OF PROFESSIONAL CONDUCT

 

6909.1             A licensee, student or graduate practicing psychology pursuant to this chapter shall adhere to the standards set forth in the most recent edition of the “Ethical Principals of Psychologists and Code of Conduct” as published by the American Psychological Association.

 

 

Section 6910, RE-LICENSURE AFTER FOUR OR MORE YEARS OF EXPIRATION, is amended to read as follows:

 

6910                RE-LICENSURE AFTER FIVE OR MORE YEARS OF EXPIRATION

 

6910.1             An applicant for license who was previously licensed in the District of Columbia and has not had an active District of Columbia license for five (5) years or more and who does not have an active license in another jurisdiction shall:

 

(a)                Retake and pass the D.C. jurisprudence examination, in accordance with § 6905, and complete the number and type of continuing education credits required by the Board which shall be determined on a case-by-case basis;

 

(b)               Submit proof of one (1) year of study completed within the past four (4) years in an approved education program in accordance with § 6902.1 of this chapter; or

 

(c)                Submit proof of six (6) months of full-time supervised experience meeting the requirements of § 6911.

 

Section 6911, PRACTICE OF PSYCHOLOGY BY STUDENTS, GRADUATES OR PERSONS SEEKING RE-LICENSURE, is amended to read as follows:

 

6911                PRACTICE OF PSYCHOLOGY BY STUDENTS, GRADUATES, OR PERSONS SEEKING RE-LICENSURE

 

6911.1             A student, graduate, or a person seeking re-licensure may practice only under the primary supervision of a psychologist licensed in the District under the Act and in accordance with this section.  The primary supervising psychologist may, based on his or her professional judgment, delegate some supervisory responsibility to another psychologist, a psychiatrist, or an independent clinical social worker licensed in the District, provided that he or she retains full responsibility for ensuring that the supervisee comply with the laws and regulations governing the practice of psychology.

 

6911.2             Only the following persons shall be authorized to practice under this section:

 

(a)                Students whose practice fulfills educational requirement under § 103(c) of the Act, D.C. Official Code §§ 3-1201.03 (2001), and § 6902;

 

(b)               Students whose practice is not in fulfillment of educational requirements, provided that the student receives academic credits for such practice and does not receive any compensation for such practice;

 

(c)                Graduates in psychology accruing postdoctoral psychology practice experience required for licensure pursuant to § 504(o)(2) of the Act, D.C. Official Code § 3-1205.04(o)(2).

 

(d)               Applicants for licensure seeking to practice while their application is pending; and

 

(e)                Persons seeking re-licensure pursuant to § 6910.

 

6911.3             A person who has been denied a license or disciplined in the District of Columbia or other jurisdiction in the United States may not practice pursuant to this section unless authorized by the Board in writing to do so.

 

6911.4             Subject to an extension granted by the Board for good cause shown, unlicensed supervised practice shall be subject to the following limitations:

 

(a)                Practice pursuant to § 6911.2(c) may be authorized in increments of twelve (12) months and may be renewed until the graduate has accrued the hours of psychological practice experience necessary to qualify for licensure, provided that practice authorized pursuant to § 6911.2(c)  shall not exceed a total of three (3) years;

 

(b)               Practice pursuant to § 6911.2(d) shall not be authorized for more than a total period of one hundred and twenty (120) days;

 

(c)                Practice pursuant to § 6911.2(e) shall not be authorized for more than a total period of six (6) months; and

 

(d)               All unlicensed supervised practice as described in § 6911.2 shall cease immediately upon the termination of the supervisory relationship between the primary supervisor and the supervisee.

 

6911.5             A student, graduate, or person seeking re-licensure shall identify himself or herself as a student, graduate, or person seeking re-licensure to a client before practicing psychology with the client.

 

6911.6             A supervisor shall fully inform a client or patient that the supervisee will be providing services and obtain the client’s or patient’s consent thereto prior to the provision of the services by the supervisee.

 

6911.7             A minimum of ten percent (10%) of the total supervised practice hours shall be performed under immediate supervision of the primary supervisor.

 

6911.8             A student, graduate, or person seeking re-licensure shall not receive compensation of any nature, directly or indirectly, from a patient. Subject to the requirement of § 6911.2(b), the student, graduate, or person seeking re-licensure may receive a salary or other form of compensation from his or her employer based on hours worked in the training program.

 

6911.9             A supervisor shall be fully responsible for all supervised practice by a student, graduate, or person seeking re-licensure during the period of supervision, and shall be subject to disciplinary action for any violation of the Act or this chapter by the student, graduate, or person seeking re- licensure.

 

6911.10           A student, graduate, or person seeking re-licensure shall be subject to all applicable provisions of the Act and this chapter. The Board may deny an application for a license by, or take other disciplinary action against, a student, graduate, or person seeking re-licensure who is found to have violated the Act or this chapter, in accordance with chapter 41 of this title.

 

6911.11           All documentation including patient’s and financial records shall clearly show work performed by the supervisor and the supervisee and the supervisee’s services shall not be invoiced as work performed by the supervisor.  Nor shall the supervisee be permitted to independently invoice for his or her services.

 

6911.12           The Board shall not recognize the supervised practice of a student, graduate, or person seeking re-licensure whose supervisor fails to comply with the time requirement as specified in § 6911.4.

 

6911.13           A licensed psychologist intending to act as a primary supervisor for any psychological experience not meeting the requirements of § 6902.4(a) or (b) shall meet the following requirements:

 

(a)                Possess and maintain a valid, active license free of any formal disciplinary action, whether pending or active, by the Board or any other licensing authority; and

 

(b)               Complete a minimum of four (4) hours of continuing education or training in supervision during each licensure period in which he or she performs the duties of a primary supervisor.

 

6911.14           A primary supervisor shall have the duty of ensuring that the overall psychological practice experience complies with the requirements under this chapter and is consistent with the goals and principles of the professional practice of psychology.

 

6911.15           Supervised practice in accordance with § 6911.2(b), (c), (d), or (e) that does not meet the requirement of § 6902.4(a) or (b) shall meet the following requirements:

 

(a)                Prior to the initiation of the supervision, the supervisor and the supervisee shall discuss, agree upon, and document the following:

 

(1)        The goals and objectives of the supervised practice;

 

(2)        The anticipated start and completion dates;

 

(3)        Duties to be performed based on the goals and objectives of the supervised practice;

 

(4)        Address of the location at which the duties will be performed;

 

(5)        Name, license number, and signature of the primary supervisor;

 

(6)        Name, license number, and signature of delegated supervisor(s) if applicable; and

 

(7)        Name and signature of the supervisee;

 

(b)               Prior to the initiation of the delegated supervision, the primary supervisor and the delegated supervisor shall discuss, agree upon, and document the scope of the delegated supervision as well as both supervisors’ understanding of their respective responsibilities;

 

(c)                Prior to the initiation of the supervision, the primary supervisor shall submit a request for and obtain authorization for the supervised practice from the Board;

 

(d)               The supervisor shall inform the Board immediately upon a termination or change in the supervision based on the pre-initiation agreement(s) as detailed in subsections (a) and (b) above; and

 

(e)                Upon the completion of the supervised practice, the primary supervisor shall submit to the Board a verification of the supervised practice and a confirmation that it complies with the requirements of this chapter, along with the rating of the supervisee’s performance.

 

6911.16           A supervisor may not supervise an individual with whom he or she has a familial, social, or financial relationship that may create an appearance of or an actual conflict of interests.

 

6911.17           The primary and the delegated supervisors shall be jointly responsible for ensuring that the supervisee comply with all the ethical, professional, and legal requirements under the Act and this chapter.

 

6911.18           The Board may waive any specific requirements of this section if the supervised practice had previously been requested and granted prior to June 30, 2014.

 

Section 6912, SUPERVISION OF PSYCHOLOGY ASSOCIATES, is added to read as follows:

 

6912                SUPERVISION OF PSYCHOLOGY ASSOCIATES

 

6912.1             A supervisor of a psychology associate shall supervise only in those areas within the supervisor’s competence based on the supervisor’s education, training, and experience. The supervisor shall delegate supervisory responsibility to another psychologist or psychiatrist to ensure that the psychology associate receives appropriate supervision in areas outside of the expertise of the original supervisor. 

 

6912.2             Appropriate supervision is determined by the following:

 

(a)                Education, training, and experience of the psychology associate;

 

(b)               Nature and extent of the services to be performed by the psychology associate; and

 

(c)                Setting in which the services are to be performed.

 

6912.3             A supervisor may supervise a maximum of five (5) psychology associates at any one (1) time.

 

6912.4             A supervisor shall ensure that a psychology associate is practicing within the scope of the psychology associate’s competencies as demonstrated by the psychology associate’s documented training and experience in a particular area of practice.

 

6912.5             A supervisor shall maintain appropriate documentation of the nature and extent of the supervision provided or delegated, including the dates, duration, and focus of the supervisory sessions.  The supervisor shall provide a reason for any delegation of supervisory responsibility.

 

6912.6             Pursuant to § 8611.5 a supervisor shall provide documentation requested upon demand by an individual authorized by the board.

 

6912.7             A supervisor shall not engage in supervision of a psychology associate who is a friend or relative.

 

6912.8             A supervisor shall immediately report to the Board, by certified mail, the date of termination of the supervisory relationship with a psychology associate.

 

6912.9             A supervisor shall be responsible for all services provided by a psychology associate under the supervisor’s supervision. 

 

6912.10           A psychology associate shall inform the supervisor of all complaints, formal or informal, about the services provided by the psychology associate.

 

 

 

 

Section 6999, DEFINITION, is amended to read as follows:

 

6999                DEFINITIONS

 

6999.1             As used in this chapter, the following terms shall have the meanings ascribed:

 

Delegated Supervisor – a psychologist, a psychiatrist, or an independent clinical social worker licensed in a jurisdiction of the United States who agrees to assist the primary supervisor in providing supervision, training, and mentoring of a supervisee accruing psychological practice experience.

 

General Supervision – supervision in which the supervisor maintains overall direction and control of the services provided by the supervisee.  The supervisor is not required to be physically present at the time and in the place where the service is being provided but must be available on the premises or by communication device at the time the supervisee is practicing and can be on-site in the event of a clinical emergency within two (2) hours. 

 

Graduate - an individual who has completed a doctoral program of study from a program meeting the requirements of § 6902.1

 

Home Study - continuing education activities that are printed or recorded or computer-assisted instructional materials that do not provide for direct interaction between presenter(s) and participants

 

Immediate Supervision – supervision in which the supervisor maintains direction and control of the services provided by the supervisee through in-person, face-to-face observation or in physical proximity to the individual being supervised.

 

Licensure Period – a period during which a license issued under this chapter is effective between January 1 of an even-numbered year and December 31 of the following odd-numbered year.

 

Live Program – continuing education activities that provide for direct, real-time interaction between presenter(s) and participants and may include, inter alia, lectures, symposia, live teleconferences, live webinars, workshops.

 

Pre-initiation Agreement – an agreement between a supervisor and a supervisee or a primary supervisor and a delegated supervisor as provided in § 6911.15.

 

Primary Supervisor – the supervising psychologist who provides supervision, training, and mentoring of a supervisee accruing psychological practice experience and oversees the supervisee’s practice, including the practice and services performed under supervision of delegated supervisor(s).  The primary supervisor retains full responsibility over the quality of the supervisee’s learning and practice.

 

Psychological Practice Experience -  a period of unlicensed psychology practice under supervision, required to qualify for licensure.

 

Student - an individual who is enrolled in a doctoral program which meets the requirements of Section 6902.1

 

Supervised Practice   - the practice of psychology by an unlicensed person as authorized by the Board pursuant to § 6911.

 

 

All persons desiring to comment on the subject of this proposed rulemaking should file comments in writing not later than thirty (30) days after the date of the publication of this notice in the D.C. Register.  Comments should be sent to the Department of Health, Office of the General Counsel, 899 North Capitol Street, N.E., 5^th Floor, Washington, D.C. 20002, or by email to [e-mail].  Copies of the proposed rules may be obtained from the Department at the same address during the hours of 9:00 AM to 5:00 PM, Monday through Friday, excluding holidays.