Administrative Rule Review Report  #AR10-001

Legislative Service Office

21-Dec-09

AGENCY: Board of Psychology Examiners.

DATE SUBMITTED: December 18, 2009.

SUBJECT: Chapter 1, General Provisions; Chapter 2, Organization and Procedures of the Board; Chapter 3, License, Certification and Status Classifications; Chapter 4, Application Procedures; Chapter 5, Licensure Requirements; Chapter 6, Certification Requirements; Chapter 7, Mental or Physical Impairment; Chapter 8, Renewal of Licenses and Certificates; Chapter 9, Fees; Chapter 10, Discipline or Adverse Actions; and Chapter 11, Applications, Complaints and hearing Procedures.

NATURE OF RULES:                     Legislative and procedural.

STATUTORY AUTHORITY:         W.S. 33-27-116

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:

Apparently complete to date.  Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28-9-103(d).  No comments have been received to date.  The Board did receive three comments about the proposed rules during the comment period. Two comments concerned the change in residency hour requirements.  The Board considered the comments and decided not to make changes to the proposed rules.  Instead, the Board will consider potential revisions after they have gathered comments concerning accepting applicants from non-traditional internship residency programs.  The other comment requested that the rules contain language regarding the Governor's appointments to the Board, but the requested language is already stated in W.S. 33-27-115(b).

SUMMARY OF RULES:

These rules establish and clarify qualifications and practice authority for each license category, certification and status type.  They amend license types, certification types and status types.   The rules reflect changes to the composition of the Board, the duties of the Board's officers and amend provisions related to public participation at meetings.  The rules establish and amend application procedures and clarify renewal procedures and continuing education requirements.  The rules reduce certain fees, update ethical codes and clarify procedures both for denied applicants and for the discipline of licensees. The rules adopt new hearing procedures. Finally, the rules make necessary grammatical changes, refine definitions and repeal chapters relating to information practices and restoration of licenses which are no longer necessary.

FINDINGS:

The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:

That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Ian Shaw

Staff Attorney

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Lynda G. Cook

Staff Attorney

IDS/