Bill Text: MS SB2446 | 2011 | Regular Session | Engrossed
Bill Title: Mississippi Board of Psychology; reenact and make technical amendments.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-04-06 - Approved by Governor [SB2446 Detail]
Download: Mississippi-2011-SB2446-Engrossed.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Public Health and Welfare
By: Senator(s) Blount
Senate Bill 2446
(As Passed the Senate)
AN ACT TO REENACT AND AMEND SECTIONS 73-31-1 THROUGH 73-31-29, MISSISSIPPI CODE OF 1972, WHICH ESTABLISH AND EMPOWER THE MISSISSIPPI BOARD OF PSYCHOLOGY TO DELETE THE AUTOMATIC REPEALER ON THOSE STATUTES; TO AMEND SECTION 73-31-3, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF THE PRACTICE OF PSYCHOLOGY; TO AMEND SECTION 73-31-5, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE MEMBERSHIP OF THE MISSISSIPPI BOARD OF PSYCHOLOGY; TO AMEND SECTIONS 73-31-7 AND 73-31-9, MISSISSIPPI CODE OF 1972, TO CLARIFY THE AUTHORITY OF THE BOARD AND TO REVISE CERTAIN FEES; TO AMEND SECTION 73-31-13, MISSISSIPPI CODE OF 1972, TO REVISE QUALIFICATIONS FOR APPLICANTS FOR LICENSURE; TO AMEND SECTION 73-31-14, MISSISSIPPI CODE OF 1972, TO AUTHORIZE TEMPORARY LICENSURE OF LICENSED APPLICANTS FROM OTHER JURISDICTIONS AND TO CLARIFY THE PROVISION OF PSYCHOLOGICAL SERVICES BY ELECTRONIC TRANSMISSION; TO AMEND SECTIONS 73-31-15 AND 73-31-19, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR RECIPROCITY LICENSURE; TO CREATE SECTION 73-31-17, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR PSYCHOLOGIST EMERITUS LICENSURE; TO AMEND SECTION 73-31-21, MISSISSIPPI CODE OF 1972, TO CLARIFY THE DISCIPLINARY AUTHORITY OF THE BOARD OVER LICENSEES; TO AMEND SECTION 73-31-23, MISSISSIPPI CODE OF 1972, TO INCREASE CRIMINAL PENALTIES FOR THE UNLAWFUL PRACTICE OF PSYCHOLOGY; TO AMEND SECTION 73-31-27, MISSISSIPPI CODE OF 1972, TO DELETE CERTAIN EXEMPTIONS FROM THE PSYCHOLOGIST PRACTICE ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-31-1, Mississippi Code of 1972, is reenacted as follows:
73-31-1. It is hereby declared to be the policy of the State of Mississippi that, in order to safeguard life, health, property and the public welfare of this state, and in order to protect the people of this state against unauthorized, unqualified and improper application of psychology, it is necessary that a proper regulatory authority be established and adequately provided for.
SECTION 2. Section 73-31-3, Mississippi Code of 1972, is reenacted and amended as follows:
73-31-3. When used in this chapter, the word or term:
(a) "Board" means the Mississippi Board of Psychology.
(b) "Institution of higher education" means any regionally accredited institution of higher education in the United States, accredited by an accrediting body recognized by the U.S. Department of Education, including a professional school, that offers a full-time doctoral course of study in psychology that is acceptable to the board; for Canadian universities, such term means an institution of higher education that is provincially or territorially chartered to grant doctoral degrees.
(c) "Person" includes an individual, firm, partnership, association or corporation.
(d) "Practice of psychology" means the observation, description, evaluation, interpretation, prediction and modification of human behavior through the application of psychological principles, methods and procedures for the purposes of: (i) preventing, eliminating, evaluating, assessing or predicting symptomatic, maladaptive or undesirable behavior; (ii) evaluating, assessing and/or facilitating the enhancement of individual, group and/or organizational effectiveness including personal effectiveness, adaptive behavior, interpersonal relationships, work and life adjustment, health, and individual, group and/or organization performance; or (iii) assisting in court proceedings. The practice of psychology includes, but is not limited to: (i) psychological testing and the evaluation or assessment of personal characteristics, such as intelligence; personality; cognitive, behavioral, physical and/or emotional abilities; skills; interests; aptitudes; and neuropsychological functioning; (ii) counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and therapy; (iii) diagnosis, treatment, and management of mental and emotional disorder or disability, alcoholism and substance abuse, disorders of habit or conduct, as well as of the psychological aspects of physical illness, accident, injury or disability; (iv) psychoeducational evaluation, therapy and remediation; (v) consultation with physicians, other health care professionals and patients regarding all available treatment options, as well as consultation with attorneys, judges, business and industry; (vi) provision of direct services to individuals and/or groups for the purpose of enhancing individual and thereby organizational effectiveness, using principles, methods and/or procedures to assess and evaluate individuals on personal characteristics for individual development and/or behavior change or for making decisions about the individual, such as selection; and (vii) the supervision of any of the above.
(e) Psychological services are provided to individuals, families, groups, systems, organizations, and the public. The practice of psychology shall be construed within the meaning of this definition without regard to whether payment is received for services rendered.
(f) A "psychologist" is any person licensed under this chapter, and includes a person who represents himself or herself to be a psychologist by using any title or description of services incorporating the words "psychological," "psychologist," "psychology," or who represents that he or she possesses expert qualification in any area of psychology, or offers to the public, or renders to individuals or to groups of individuals services defined as the practice of psychology by this chapter.
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SECTION 3. Section 73-31-5, Mississippi Code of 1972, is reenacted and amended as follows:
73-31-5. (1) There is hereby created a Mississippi Board of Psychology consisting of seven (7) members who are citizens of the United States and residing in the State of Mississippi, appointed by the Governor with the advice and consent of the Senate. One (1) member of the board shall be a person who is not a psychologist or a mental health professional but who has expressed a continuing interest in the field of psychology. Each board member shall otherwise be licensed under this chapter. The composition of the board shall at all times include psychologists engaged in the professional practice of psychology and psychologists who are faculty at institutions of higher learning that grant doctoral degrees or staff or faculty of an American Psychological Association approved doctoral level internship or postdoctoral fellowship.
(2) Members of the board serving on July 1, 2011, shall continue until their term of office expires, at which time a successor shall be appointed as provided in this subsection (2). When the term of each psychologist member ends the Governor shall, within thirty (30) days, appoint as his successor, for a term of five (5) years, a psychologist who holds a doctoral degree from an institution of higher education and who has been licensed under this chapter. When the term of the member who is not a psychologist ends, the Governor shall, within thirty (30) days, appoint a qualified person as his successor for a term of five (5) years. No board member shall serve for more than two (2) consecutive terms. Any vacancy occurring in the board membership other than by expiration of term shall be filled by the Governor by appointment for the unexpired term of such member. All appointments of psychologist members of the board shall be made from a list containing the names of at least three (3) eligible nominees for each vacancy submitted by the Mississippi Psychological Association. All appointments shall be made with the advice and consent of the Senate. Each board member shall receive a certificate of appointment from the Governor before entering on the discharge of his duties, and within thirty (30) days from the effective date of his appointment shall subscribe an oath for the faithful performance of his official duty before any officer authorized to administer oaths in this state, and shall file the same with the Secretary of State. * * *
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(3) The Governor may remove any board member for misconduct, incompetency, or neglect of duty after giving the board member a written statement of the charges and an opportunity to be heard thereon.
(4) Each board member shall serve without compensation, but shall receive actual traveling and incidental expenses necessarily incurred while engaged in the discharge of official duties.
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SECTION 4. Section 73-31-7, Mississippi Code of 1972, is reenacted and amended as follows:
73-31-7. (1) The board shall annually elect from its membership a chairman and executive secretary at a meeting held during the last two (2) quarters of the fiscal year. The board shall meet at such other times as it deems necessary or advisable, or as deemed necessary and advisable by the chairman or a majority of its members or the Governor. Reasonable notice of all meetings shall be given in the manner prescribed by the board. A majority of the board shall constitute a quorum at any meeting or hearing; except that when only four (4) members are present, decisions not gaining unanimous support shall be decided by mail ballot to all board members within fifteen (15) days succeeding the board meeting. Any meeting at which the chairman is not present shall be chaired by his designee.
(2) The board is authorized and empowered to:
(a) Adopt and, from time to time, revise such rules and regulations not inconsistent with, and as may be necessary to carry into effect the provisions of this chapter.
(b) Within the funds available, employ and/or contract with a stenographer and other personnel, and contract for services, as are necessary for the proper performance of its work under this chapter.
(c) Adopt a seal, and the executive secretary or board administrator shall have the care and custody thereof.
(d) Examine, license, and renew the license of duly qualified applicants.
(e) Conduct hearings upon complaints concerning the disciplining or licensing of applicants and psychologists.
(f) Deny, approve, withhold, revoke, suspend and/or otherwise discipline applicants and licensed psychologists.
(g) The board may issue an educational letter to a licensee in order to assist that individual in his or her practice as a psychologist as provided in Section 73-31-21(8). Such a letter will not be considered to be disciplinary action.
(h) Cause the prosecution and enjoinder of all persons violating this chapter, and incur necessary expenses therefor.
(i) Charge a fee of not more than Two Hundred Fifty Dollars ($250.00) to a qualified psychologist as determined by the board who is applying for certification by the board to conduct examinations in civil commitment proceedings.
(j) Purchase general liability insurance coverage, including errors and omissions insurance, to cover the official actions of the board members and contract personnel and suits against them in their individual capacity. Such coverage shall be in an amount determined by the board to be adequate, and the costs of such insurance shall be paid out of any funds available to the board.
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(3) Within thirty (30) days after the close of each fiscal year ending June 30, the board shall submit an official report, reviewed and signed by all board members, to the Governor concerning the work of the board during the preceding fiscal year. The report shall include the names of all psychologists to whom licenses have been granted; any cases heard and decisions rendered in relation to the work of the board; the names, remuneration and duties of any employees of the board; and an account of all monies received and expended by the board.
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SECTION 5. Section 73-31-9, Mississippi Code of 1972, is reenacted and amended as follows:
73-31-9. (1) All fees from applicants seeking licensing under this chapter and all license renewal fees received under this chapter shall be nonrefundable. The board may charge a late fee for nonrenewal before June 30 of each year.
(2) The board shall charge an application fee to be determined by the board but not to exceed Three Hundred Dollars ($300.00), plus the cost of conducting required background checks for applicants, to applicants for licensing, and shall charge the applicant for the expenses incurred by the board for examination of the applicant.
(3) Except as provided in Section 33-1-39, every licensed psychologist in this state shall annually pay to the board a fee determined by the board but not to exceed Three Hundred Dollars ($300.00), plus the cost of conducting required background checks for applicants; and the credentialing coordinator shall thereupon issue a renewal of the license for a term of one (1) year. The license of any psychologist who shall fail to renew during the month of June in each and every year shall lapse; the failure to renew the license, however, shall not deprive said psychologist of the right of renewal thereafter. Such lapsed license may be renewed within a period of two (2) years after such lapse upon payment of all fees in arrears. A psychologist wishing to renew a license which has been lapsed for more than two (2) years shall be required to reapply for licensure.
(4) On July 1, 1993, and every odd numbered year thereafter, no psychologist license shall be renewed unless the psychologist shows evidence of a minimum of twenty (20) clock hours of continuing education activities approved by the board.
(5) All fees and any other monies received by the board shall be deposited in a special fund that is created in the State Treasury and shall be used for the implementation and administration of this chapter when appropriated by the Legislature for such purpose. The monies in the special fund shall be subject to all provisions of the state budget laws that are applicable to special fund agencies, and disbursements from the special fund shall be made by the State Treasurer only upon warrants issued by the State Fiscal Officer upon requisitions signed by the chairman or executive secretary of the board. Any interest earned on this special fund shall be credited by the State Treasurer to the fund and shall not be paid into the State General Fund. Any unexpended monies remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund. The State Auditor shall audit the financial affairs of the board and the transactions involving the special fund at least once a year in the same manner as for other special fund agencies.
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SECTION 6. Section 73-31-11, Mississippi Code of 1972, is reenacted as follows:
73-31-11. The board shall keep a record of its proceedings and a register of all applications for licenses, which shall show:
(a) The name, age and residence of each applicant;
(b) The date of the application;
(c) The place of professional practice of such applicant;
(d) A summary of the educational and other qualifications of such applicant;
(e) Whether or not an examination was required;
(f) Whether or not a license was granted;
(g) The date of the action of the board;
(h) Such other information as may be deemed necessary or advisable by the board in aid of the above requirements.
The records of the board shall be public records and evidence of the proceedings of the board set forth therein; and a transcript thereof, duly certified by the executive secretary of the board, bearing the seal of the board, shall be admissible in evidence with the same force and effect as if the original were produced.
SECTION 7. Section 73-31-13, Mississippi Code of 1972, is reenacted and amended as follows:
73-31-13. The board shall issue a license as a psychologist to each applicant who shall file an application upon a form and in such manner as the board prescribes, accompanied by such fee as is required by this chapter; and who furnishes evidence satisfactory to the board that he:
(a) Is at least twenty-one (21) years of age; and
(b) Is a citizen of the United States, a Canadian citizen applying for licensure under the terms of a reciprocity agreement, or has declared his intention to become a citizen. A statement by the applicant under oath that he is a citizen, a Canadian citizen applying for licensure under the terms of a reciprocity agreement, or that he intends to apply for citizenship when he becomes eligible to make such application, shall be sufficient proof of compliance with this requirement; and
(c) Is of good moral character; and the applicant must have successfully been cleared for licensure through an investigation that shall consist of a determination as to good moral character and verification that the prospective licensee is not guilty of or in violation of any statutory ground for denial of licensure. For the purposes of this chapter, good moral character includes an absence of felony convictions or misdemeanor convictions involving moral turpitude as established by a criminal background check. Applicants shall undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database. Each applicant shall submit a full set of the applicant's fingerprints in a form and manner prescribed by the board, which shall be forwarded to the Mississippi Department of Public Safety and the Federal Bureau of Investigation Identification Division for this purpose; and
(d) Is not in violation of any of the provisions of this chapter and the rules and regulations adopted thereunder; and has not had his psychology license suspended or revoked in another jurisdiction; and
(e) Holds a doctoral degree in psychology from a university offering a full-time graduate course of study in psychology that is accredited by the American Psychological Association (APA) or Canadian Psychological Association (CPA) at the time of conferring of the degree, or where APA or CPA program accreditation does not exist for that area of professional psychology, then the applicant must hold a doctoral degree with a major in psychology from a university offering a full-time graduate course of study in psychology that is listed by the Association of State and Provincial Psychology Boards (ASPPB) and the National Register of Health Service Providers in Psychology of the Doctoral Psychology Programs Meeting Designation Criteria at the time of conferring of the degree. For applicants graduating from doctoral level psychology training programs outside of the United States of America or Canada, applicants for licensure shall have completed a doctoral program in psychology that meets recognized acceptable professional standards as determined by the board. Graduates of newly established programs seeking accreditation must provide documentation that the program meets the board's requirements as defined by rules and regulations; and
(f) Has two (2) full-time years of sequential, organized, supervised professional experience as defined by rules and regulations. One (1) of those two (2) years of supervised professional experience shall be an APA or CPA accredited predoctoral internship. The criteria for appropriate supervision shall be in accordance with regulations to be promulgated by the board. Experience shall be compatible with the knowledge and skills acquired during formal doctoral and/or postdoctoral education in accordance with professional requirements and relevant to the intended area of practice; and
(g) Demonstrates professional knowledge by passing a written (in this paragraph, the term "written" shall mean either paper and pencil or computer administered or computerized testing) and oral examination in psychology prescribed by the board; except that upon examination of credentials the board may, by unanimous consent, consider these credentials adequate evidence of professional knowledge.
Upon investigation of the application and other evidence submitted, the board shall, not less than thirty (30) days prior to the examination, notify each applicant that the application and evidence submitted is satisfactory and accepted or unsatisfactory and rejected; if rejected, said notice shall state the reasons for such rejection.
The place of examination shall be designated in advance by the board, and such examination shall be given at such time and place and under such supervision as the board may determine. The examination used by the board shall consist of written tests and oral tests, and shall fairly test the applicant's knowledge and application thereof in those areas deemed relevant by the board. * * *
The board shall evaluate the results from both the written and oral examinations. The passing scores for the written and oral examinations shall be established by the board in its rules and regulations. In the event an applicant fails to receive a passing score on the entire examination, he may reapply and shall be allowed to take a subsequent examination. An applicant who has failed two (2) successive examinations by the board may not reapply until after two (2) years from the date of the last examination failed. The board shall keep the written examination scores, and an accurate transcript of the questions and answers relating to the oral examinations, and the grade assigned to each answer thereof, as part of its records for at least two (2) years subsequent to the date of examination.
If any psychologist duly licensed under this chapter shall, by virtue of additional training and experience, become qualified to practice in a specialty other than that for which he was deemed competent at the time of initial licensing, and wishes to offer such service under the provisions of this chapter, he shall at the time of annual renewal of licenses submit additional credentials and be given the opportunity to demonstrate his knowledge and application thereof in areas deemed relevant to his specialty. The board may charge a reasonable fee for evaluating these credentials and the applicant's knowledge.
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Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.
SECTION 8. Section 73-31-14, Mississippi Code of 1972, is reenacted and amended as follows:
73-31-14. (1) Psychologists who are duly licensed in other jurisdictions may, upon application for licensure, apply for a temporary license, which is to be valid until the next administration of the oral examination. The provisional license will be issued upon passage of the Examination for Professional Practice of Psychology (EPPP) examination at the level established by the board in its rules and regulations and equivalent to that required for permanent licensure. Each applicant for provisional licensure shall file an application upon a form and in such a manner as the board prescribes accompanied by a fee equal to that required for permanent licensure. A temporary license shall not be issued to anyone who has failed the oral exam or has had their license suspended or revoked by the board. Rules and procedures for issuance of temporary licenses shall be established by the board in its rules and regulations.
(2) Psychologists who are duly licensed in other jurisdictions may apply for a temporary practice certificate allowing them to practice psychology on a temporary basis in the State of Mississippi. Such practice must be limited in scope and duration, not exceeding thirty (30) days during a consecutive twelve-month period. The application shall include the nature of such practice to the board prior to providing such service and shall make available to the board a current copy of his/her license or verification of a valid license. Psychologists who receive temporary practice certificates in said jurisdiction are subject to a jurisprudence examination at the request of the board. This provision for a temporary practice certificate does not apply to a psychologist who has been denied licensure in Mississippi, is a legal resident of Mississippi, or intends to practice full time or a major portion of their time in Mississippi. Each applicant for temporary licensure shall file an application upon a form and in such a manner as the board prescribes accompanied by a fee as determined by the board but not to exceed Three Hundred Dollars ($300.00).
(3) Applicants awaiting licensure in Mississippi are prohibited from the practice of psychology without a temporary practice certificate issued by the board except in cases where specific written permission to practice is granted by the board.
(4) The provision of psychological services by electronic transmission (e.g., Internet, telephone, computer...) must meet the same legal and ethical standards as psychological services provided in person. This applies to both psychologists who are licensed in Mississippi and to psychologists residing elsewhere who are providing psychological services to clients/patients in Mississippi.
SECTION 9. Section 73-31-15, Mississippi Code of 1972, is reenacted and amended as follows:
73-31-15. (1) Upon application accompanied by the proper fee, the board may, without written or oral examination, issue a license to any person who furnishes, upon a form and in the manner as the board prescribes, evidence satisfactory to the board that he (a) is licensed or certified as a psychologist by another state, territorial possession of the United States, District of Columbia, Commonwealth of Puerto Rico or Canadian Province, if the requirements for that license or certification are the substantial equivalent of this chapter; or (b) is a diplomate in good standing of the American Board of Examiners in Professional Psychology; or (c) possesses a valid Certificate of Professional Qualification (CPQ) granted by the Association of State and Provincial Psychology Boards * * *.
(2) In addition, the board may issue a license, without written examination, to an applicant who:
(a) Has at least twenty (20) years of licensure to practice in another state, territorial possession of the United States, District of Columbia, or Commonwealth of Puerto Rico or Canadian Province when that license was based on a doctoral degree; and
(b) Has had no disciplinary sanction during the entire period of licensure; and
(c) Is not currently under investigation by another licensure board; and
(d) Has demonstrated current qualifications by successfully passing the oral examination; and
(e) Has completed the appropriate application and paid the fees as required by the board.
SECTION 10. The following shall be codified as Section 73-31-17, Mississippi Code of 1972:
73-31-17. The status of psychologist emeritus is created. To qualify for status as psychologist emeritus, a psychologist must apply for psychologist emeritus status with the board upon a form and in the manner as the board prescribes, accompanied by a fee equal to one-half (1/2) of the amount of the permanent licensure renewal fee as determined by the board. The applicant shall be required to make a satisfactory showing to the board, in a manner to be determined by the board, that the applicant (a) is sixty-five (65) years old or older, (b) has held continuous licensure as a psychologist in the State of Mississippi for at least twenty (20) years, and (c) at the time of application is retired from the full-time practice of psychology and is not practicing more than eighty (80) hours per month in any capacity in the State of Mississippi. The applicant must renew his psychologist emeritus status annually on the same renewal schedule as permanent licensure. Renewal shall include confirmation of the psychologist's eligibility and attestation, at the time of renewal, of his continued "retired" status.
SECTION 11. Section 73-31-19, Mississippi Code of 1972, is reenacted and amended as follows:
73-31-19. The board shall issue a license signed by the chairman and executive secretary of the board whenever an applicant has been successfully qualified as provided in this chapter. A copy of the license, so certified by the executive secretary as a true copy, shall be filed by the licensee in the office of the clerk of the circuit court in the county in which the licensee resides.
SECTION 12. Section 73-31-21, Mississippi Code of 1972, is reenacted and amended as follows:
73-31-21. (1) The board, by an affirmative vote of at least four (4) of its seven (7) members, shall withhold, deny, revoke or suspend any license issued or applied for in accordance with the provisions of this chapter, or otherwise discipline a licensed psychologist, upon proof that the applicant or licensed psychologist:
(a) Has violated the current code of ethics of the American Psychological Association or other codes of ethical standards adopted by the board; or
(b) Has been convicted of a felony or any offense involving moral turpitude, the record of conviction being conclusive evidence thereof; or
(c) Is using any substance or any alcoholic beverage to an extent or in a manner dangerous to any other person or the public, or to an extent that such use impairs his ability to perform the work of a professional psychologist with safety to the public; or
(d) Has impersonated another person holding a psychologist license or allowed another person to use his license; or
(e) Has used fraud or deception in applying for a license or in taking an examination provided for in this chapter; or
(f) Has accepted commissions or rebates or other forms of remuneration for referring clients to other professional persons; or
(g) Has allowed his name or license issued under this chapter to be used in connection with any person or persons who perform psychological services outside of the area of their training, experience or competence; or
(h) Is legally adjudicated mentally incompetent, the record of such adjudication being conclusive evidence thereof; or
(i) Has willfully or negligently violated any of the provisions of this chapter. The board may recover from any person disciplined under this chapter, the costs of investigation, prosecution, and adjudication of the disciplinary action.
(2) Notice shall be effected by registered mail or personal service setting forth the particular reasons for the proposed action and fixing a date not less than thirty (30) days nor more than sixty (60) days from the date of such mailing or such service, at which time the applicant or licensee shall be given an opportunity for a prompt and fair hearing. For the purpose of such hearing the board, acting by and through its executive secretary, may subpoena persons and papers on its own behalf and on behalf of the applicant or licensee, shall administer oaths and may take testimony. Such testimony, when properly transcribed, together with such papers and exhibits, shall be admissible in evidence for or against the applicant or licensee. At such hearing applicant or licensee may appear by counsel and personally in his own behalf. Any person sworn and examined by a witness in such hearing shall not be held to answer criminally, nor shall any papers or documents produced by such witness be competent evidence in any criminal proceedings against such witness other than for perjury in delivering his evidence. On the basis of any such hearing, or upon default of applicant or licensee, the board shall make a determination specifying its findings of fact and conclusions of law. A copy of such determination shall be sent by registered mail or served personally upon the applicant or licensee. The decision of the board denying, revoking or suspending the license shall become final thirty (30) days after so mailed or served unless within said period the licensee appeals the decision to the chancery court, pursuant to the provisions hereof, and the proceedings in chancery shall be conducted as other matters coming before the court. All proceedings and evidence, together with exhibits, presented at such hearing before the board in the event of appeal shall be admissible in evidence in said court.
(3) The board may subpoena persons and papers on its own behalf and on behalf of the respondent, may administer oaths and may compel the testimony of witnesses. It may issue commissions to take testimony, and testimony so taken and sworn to shall be admissible in evidence for and against the respondent. The board shall be entitled to the assistance of the chancery court or the chancellor in vacation, which, on petition by the board, shall issue ancillary subpoenas and petitions and may punish as for contempt of court in the event of noncompliance therewith.
(4) Every order and judgment of the board shall take effect immediately on its promulgation unless the board in such order or judgment fixes a probationary period for applicant or licensee. Such order and judgment shall continue in effect unless upon appeal the court by proper order or decree terminates it earlier. The board may make public its order and judgments in such manner and form as it deems proper. It shall, in event of the suspension or revocation of a license, direct the clerk of the circuit court of the county in which that license was recorded to cancel such record.
(5) Nothing in this section shall be construed as limiting or revoking the authority of any court or of any licensing or registering officer or board, other than the Mississippi Board of Psychology, to suspend, revoke and reinstate licenses and to cancel registrations under the provisions of Section 41-29-311.
(6) Suspension by the board of the license of a psychologist shall be for a period not exceeding one (1) year. At the end of this period the board shall reevaluate the suspension, and shall either reinstate or revoke the license. A person whose license has been revoked under the provisions of this section may reapply for license after more than two (2) years have elapsed from the date such denial or revocation is legally effective.
(7) In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
(8) The board may issue a nondisciplinary, educational letter to licensees. The board may also direct a psychologist to obtain a formal assessment of ability to safely practice if there is reason to believe there may be impairment due to substance abuse or mental incapacity.
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SECTION 13. Section 73-31-23, Mississippi Code of 1972, is reenacted and amended as follows:
73-31-23. (1) It shall be a misdemeanor:
(a) For any person not licensed under this chapter to represent himself as a psychologist or practice psychology in the manner prescribed in Section 73-31-3; or
(b) For any person to represent himself as a psychologist or practice psychology in the manner prescribed in Section 73-31-3 during the time that his license as a psychologist shall be suspended or revoked or lapsed; or
(c) For any person to otherwise violate the provisions of this chapter.
Such misdemeanor shall be punishable, upon conviction, by imprisonment for not more than sixty (60) days or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment, plus a criminal assessment of One Thousand Dollars ($1,000.00) payable to the State Board of Psychology to be used to defray the cost of investigation of unlawful practice. Each violation shall be deemed a separate offense. Such misdemeanor shall be prosecuted by the district attorney of the judicial district in which the offense was committed in the name of the people of the State of Mississippi.
(2) Any entity, organization or person, including the board, any member of the board, and its agents or employees, acting in good faith and without malice, who makes any report or information available to the board regarding violation of any of the provisions of this chapter, or who assists in the organization, investigation or preparation of any such report or information or assists the board in carrying out any of its duties or functions provided by law, shall be immune from civil or criminal liability for such acts.
The immunity granted pursuant to the provisions of this subsection shall not apply to and shall not be available to any psychologist who is the subject of any report or information relating to a violation by such psychologist of the provisions of this chapter.
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SECTION 14. Section 73-31-25, Mississippi Code of 1972, is reenacted as follows:
73-31-25. The board may, in the name of the people of the State of Mississippi, through the Attorney General, apply for an injunction in any court of competent jurisdiction to enjoin any person from committing any act declared to be a misdemeanor by this chapter.
If it be established that the defendant has been or is committing an act declared to be a misdemeanor by this chapter, the court, or any judge thereof, shall enter a decree perpetually enjoining said defendant from further committing such act. In case of violation of any injunction issued under the provisions of this section, the court, or any judge thereof, may summarily try and punish the offender for contempt of court. Such injunctive proceedings shall be in addition to, and not in lieu of, all penalties and other remedies in this chapter provided.
SECTION 15. Section 73-31-27, Mississippi Code of 1972, is reenacted and amended as follows:
73-31-27. (1) Nothing in this chapter shall be construed to limit:
(a) The activities and services of a student, intern or trainee in psychology pursuing a course of study in psychology at an institution of higher education, if these activities and services constitute a part of his supervised course of study; or
(b) The services and activities of members of other professional groups licensed or certified by the State of Mississippi who perform work of a psychological nature consistent with their training, work experience history, and with any code of ethics of their respective professions, provided they do not hold themselves out to be psychologists. Portions of the practice of psychology as defined by this chapter overlaps with the activities of other professional groups and it is not the intent of this chapter to regulate the activities of these professional groups.
(2) Individuals certified by the Mississippi State Department of Education may use appropriate titles such as "school psychologist," "certified school psychologist," "educational psychologist" or "psychometrist" only when they are employed by or under contract with a school district and practicing in school or educational settings.
(3) A lecturer employed by an institution of higher learning may use an appropriate academic or research title, provided he does not represent himself as a psychologist or practice psychology in the manner described in Section 73-31-3.
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SECTION 16. Section 73-31-29, Mississippi Code of 1972, is reenacted as follows:
73-31-29. A psychologist shall not be examined without the consent of his client as to any communication made by the client to him or his advice given thereon in the course of professional employment; nor shall a psychologist's secretary, stenographer or clerk be examined without the consent of his employer concerning any fact, the knowledge of which he has acquired in such capacity.
SECTION 17. This act shall take effect and be in force from and after June 30, 2011.
