H. B. No. 528
*HR12/R530CS*
G3/511/HR12/R530CSPAGE 1
(RF\DO)
To: Public Health and HumanServices
MISSISSIPPI LEGISLATURE REGULAR SESSION 2011 By: Representative Holland COMMITTEE SUBSTITUTEFORHOUSE BILL NO. 528 AN ACT TO AMEND SECTION 73-31-3, MISSISSIPPI CODE OF 1972, TO1REVISE THE DEFINITIONS OF SEVERAL TERMS USED IN THE PSYCHOLOGIST2LICENSURE LAW; TO AMEND SECTION 73-31-5, MISSISSIPPI CODE OF 1972,3TO CLARIFY THAT THE COMPOSITION OF THE MISSISSIPPI BOARD OF4PSYCHOLOGY SHALL INCLUDE PRACTICING PSYCHOLOGISTS AND UNIVERSITY5FACULTY; TO AMEND SECTION 73-31-7, MISSISSIPPI CODE OF 1972, TO6AUTHORIZE THE BOARD TO ISSUE NONDISCIPLINARY EDUCATIONAL LETTERS7TO LICENSEES; TO AMEND SECTION 73-31-9, MISSISSIPPI CODE OF 1972,8TO INCREASE THE MAXIMUM AMOUNTS OF LICENSE APPLICATION FEES AND9RENEWAL FEES AND TO AUTHORIZE THE BOARD TO CHARGE A LATE FEE FOR10LATE RENEWALS; TO AMEND SECTION 73-31-13, MISSISSIPPI CODE OF111972, TO PROVIDE THAT APPLICANTS FOR LICENSURE MUST UNDERGO A12CRIMINAL BACKGROUND CHECK; TO REVISE THE EDUCATION, SUPERVISED13PROFESSIONAL EXPERIENCE AND EXAMINATION REQUIREMENTS FOR14LICENSURE; TO AMEND SECTION 73-31-14, MISSISSIPPI CODE OF 1972, TO15AUTHORIZE THE BOARD TO ISSUE TEMPORARY LICENSES AND TEMPORARY16PRACTICE CERTIFICATES; TO AMEND SECTION 73-31-15, MISSISSIPPI CODE17OF 1972, TO REVISE THE PROVISIONS FOR LICENSURE BY RECIPROCITY; TO18CREATE NEW SECTION 73-31-17, MISSISSIPPI CODE OF 1972, TO CREATE19AND PRESCRIBE THE QUALIFICATIONS FOR PSYCHOLOGIST EMERITUS STATUS;20TO AMEND SECTION 73-31-21, MISSISSIPPI CODE OF 1972, TO AUTHORIZE21THE BOARD TO DIRECT A PSYCHOLOGIST TO OBTAIN AN ASSESSMENT OF22ABILITY TO PRACTICE SAFELY BECAUSE OF POSSIBLE IMPAIRMENT DUE TO23SUBSTANCE ABUSE OR MENTAL INCAPACITY; TO AMEND SECTION 73-31-23,24MISSISSIPPI CODE OF 1972, TO DELETE THE REPEALER ON THE SECTION25AND MOVE THE REPEALER TO A NEW CODE SECTION; TO AMEND SECTION2673-31-27, MISSISSIPPI CODE OF 1972, TO REMOVE CERTAIN EXEMPTIONS27FROM THE APPLICATION OF THE PSYCHOLOGIST LICENSURE LAW TO THE USE28OF OFFICIAL TITLES BY PERSONS IN THE EMPLOY OF CERTAIN AGENCIES OR29ORGANIZATIONS; TO CLARIFY THE CIRCUMSTANCES UNDER WHICH LECTURERS30EMPLOYED BY UNIVERSITIES MAY USE ACADEMIC OR RESEARCH TITLES; TO31DELETE THE REPEALERS ON SECTIONS 73-31-3, 73-31-5, 73-31-7,3273-31-9, 73-31-13, 73-31-21 AND 73-31-27, MISSISSIPPI CODE OF331972, AND MOVE THE REPEALERS TO A NEW CODE SECTION; TO AMEND34SECTIONS 73-31-1, 73-31-11, 73-31-19, 73-31-25 AND 73-31-29,35MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS36ACT; TO CREATE NEW SECTION 73-31-31, MISSISSIPPI CODE OF 1972, TO37PROVIDE FOR A REPEALER ON THE PSYCHOLOGIST LICENSURE LAW; AND FOR38RELATED PURPOSES.39BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:40
SECTION 1.
Section 73-31-1, Mississippi Code of 1972, is41amended as follows:42
H. B. No. 528
*HR12/R530CS*
11/HR12/R530CSPAGE 2
(RF\DO)
73-31-1. It is
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declared to be the policy of the State43of Mississippi that, in order to safeguard life, health, property44and the public welfare of this state, and in order to protect the45people of this state against unauthorized, unqualified and46improper application of psychology, it is necessary that a proper47regulatory authority be established and adequately provided for.48
SECTION 2.
Section 73-31-3, Mississippi Code of 1972, is49amended as follows:5073-31-3. When used in this chapter, the word or term:51(a) "Board" means the Mississippi Board of Psychology.52(b) "Institution of higher education" means any53regionally accredited institution of higher education in the54United States, accredited by an accrediting body recognized by the55U.S. Department of Education, including a professional school,56that offers a full-time doctoral course of study in psychology57that is acceptable to the board; for Canadian universities, this58term means an institution of higher education that is
provincially59or territorially chartered to grant doctoral degrees.60(c) "Person" includes an individual, firm, partnership,61association or corporation.62(d) (i) "Practice of psychology" means the63observation, description, evaluation, interpretation, prediction64and modification of human behavior through the application of65psychological principles, methods and procedures, for the purposes66of:671. Preventing, eliminating, evaluating,68assessing, or predicting symptomatic, maladaptive, or undesirable69behavior;702. Evaluating, assessing and/or facilitating71the enhancement of individual, group and/or organizational72effectiveness including personal effectiveness, adaptive behavior,73interpersonal relationships, work and life adjustment, health, and74individual, group and/or organizational performance; or75
H. B. No. 528
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(RF\DO)
3. Assisting in legal decision-making.76(ii) The practice of psychology includes, but is77not limited to:
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781. Psychological testing and the evaluation79or assessment of personal characteristics, such as intelligence;80personality; cognitive, behavioral, physical and/or emotional81abilities; skills; interests; aptitudes; and neuropsychological82functioning;832. Counseling, psychoanalysis, psychotherapy,84hypnosis, biofeedback, and behavior analysis and therapy;853. Diagnosis, treatment, and management of86mental and emotional disorder or disability, alcoholism and87substance abuse, disorders of habit or conduct, as well as of the88psychological aspects of physical illness, accident, injury, or89disability;904. Psychoeducational evaluation, therapy and91remediation;925. Consultation with physicians, other health93care professionals and patients regarding all available treatment94options, as well as consultation with attorneys, judges, business,95and industry;966. Provision of direct services to97individuals and/or groups for the purpose of enhancing individual98and thereby organizational effectiveness, using principles,99methods and/or procedures to assess and evaluate individuals on100personal characteristics for individual development and/or101behavior change or for making decisions about the individual, such102as selection; and1037. The supervision of any of the above.104(iii) Psychological services are provided to105individuals, families, groups, systems, organizations, and the106public. The practice of psychology shall be construed within the107meaning of this definition without regard to whether payment is108
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