HB326 Alabama 2011 Session

Summary

Primary Sponsor

Paul DeMarco

Republican

Session

Regular Session 2011

Title

Psychology, Alabama Board of Examiners in, duties, membership, powers, licensure requirements and procedures, fees, continuation of powers and obligations of board under prior law, Psychology Licensure Act, Secs. 34-26A-1 to 34-26A-6, inclusive, 34-26A-20, 34-26A-21, 34-26A-40 to 34-26A-56, inclusive, 34-26A-60 to 34-26A-66, inclusive, added; Secs. 34-26-1 to 34-26-3, inclusive, 34-26-20 to 34-26-22, inclusive, 34-26-40 to 34-26-48, inclisive, 34-26-60 to 34-26-66, inclusive, repealed

Description

Under existing law, psychologists and psychological technicians are licensed by the State Board of Examiners in Psychology.

This bill would transfer the existing law regarding the board and its licenses contained in Chapter 26 of Title 34 of the Code of Alabama 1975, to a new Chapter 26A. This bill would provide for a continuation of the rights, duties, property, and membership of the board under the new chapter.

This bill would further define what constitutes the practice of psychology and would provide further for the duties of a psychologist and psychological technician.

This bill would further define what constitutes a privileged communication between a psychologist or a psychological technician and his or her client. This bill would provide circumstances in which the privilege may not be claimed by a client.

This bill would require the board to establish a code of conduct for licensees.

This bill would further provide for the composition, terms, duties, and powers of the members of the board.

This bill would provide for licensure fees and requirements.

This bill would provide for the limited practice of psychology by licensees of other jurisdictions.

This bill would provide for the issuance of temporary licenses and provisional licenses.

This bill would authorize the board to conduct background checks on applicants for licensure.

This bill would authorize certain licensees to apply for inactive status.

This bill would limit liability for certain actions by a psychologist or a psychological technician.

This bill would further provide for the collection of a fee from applicants for licensure and the disposition of the fee.

This bill would provide for the grounds in which the board could refuse to issue a certificate for a license or could revoke or suspend a license.

This bill would provide penalties.

This bill would provide a procedure for processing complaints against licensees of the board.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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Subjects

Psychology, Alabama Board of Examiners in