South Carolina Code of Regulations
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Current through State Register Volume 37, Issue 9, effective September 27, 2013

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CHAPTER 100.

DEPARTMENT OF LABOR, LICENSING AND REGULATION-- STATE BOARD OF EXAMINERS IN PSYCHOLOGY

100-1. Application for License to Practice Psychology.

A. A candidate for licensure shall furnish the Board with satisfactory evidence that he or she:

(1)(a) Has had four years of combined academic training in psychology and qualifying experience including a doctor's degree in psychology from an educational institution which is accredited by a recognized regional accrediting agency of colleges and universities and whose program is accredited by a recognized national accrediting agency or meets criteria established by the American Association of State Psychology Boards (AASPB)(See Appendix A), or, in lieu of such degree,

(b) Holds a doctor's degree in a closely allied field from an educational institution which is accredited by a recognized regional accrediting agency of colleges and universities, provided that the Board finds the training obtained therein is substantially equivalent to that obtained in programs leading to the doctor's degree in psychology that meets AASPB guidelines;

(2) Has not within the preceding six months failed an examination given by the Board;

(3) Is competent in psychology as shown by passing such written and oral examinations as the Board deems necessary;

(4) Is not engaged in unethical practices;

(5) Has had two years of supervised professional experience, one year of which may be predoctoral. The supervisor shall be a psychologist in good standing who is licensed in the State or who holds an equivalent license in good standing from another state. Supervision shall be within the area of the supervisor's competency. There shall be a minimum of one hour per week of face to face supervision as set out in a supervision contractual agreement between the supervisor and supervisee. The Board shall be notified in writing by the supervisor of the details of the supervisory agreement, when applicable, prior to its initiation and at its conclusion. When the Board deems appropriate, the supervised experience may be waived.

B.(1) An educational institution which is accredited by a recognized regional accrediting agency of colleges and universities is defined as an educational institution which satisfies the standards of the accrediting association in one of the six regions throughout the United States:

(a) Southern Association of Colleges and Schools;

(b) Western Association of Colleges and Schools;

(c) Northwest Association of Schools and Colleges;

(d) North Central Association of Colleges and Schools;

(e) New England Association of Schools and Colleges;

(f) Middle States Association of Colleges and Schools.

(2) A program which is accredited by a recognized national accrediting agency is defined as a program which is accredited by the American Psychological Association.

C.(1) Each candidate for licensure must file with the Board written application materials on forms which will be furnished upon request. The application forms must be completed in their entirety with all items completed on all pages. To be assured of Board review, applications for review at a meeting of the Board should be complete 30 days prior to that meeting.

(2) Official, terminal transcripts indicating all graduate course work and degree(s) must be sent by the graduate institution(s) to the Board prior to Board review of the application for licensure.

(3) All educational requirements for licensure (including completion of the doctoral program and the internship or predoctoral supervision) must have been satisfied on or before the submission date of the application materials to the Board.

(4) If the Board requests additional information from an applicant, the applicant has 90 days to respond. Failure to respond within 90 days may result in denial of the application. Thereafter, the applicant may be required to submit a new application, fee and documentation. This 90 day deadline may be extended at the discretion of the Board.

(5) The Board has no formal agreements with other state boards to license applicants by reciprocity. The Board can consider for licensure by reciprocity only those applicants for licensure who have been previously licensed by a state board whose criteria for licensure are equal to or more stringent than the criteria used by this Board.

(6) The application process consists of:

(a) A Preliminary Application for Licensure (the American Association of State Psychology Boards Education and Credentialing Requirements Data Form) which must be approved by the Board prior to continuation with the licensure application process; the Preliminary Application for Licensure must be accompanied by the application fee. The Preliminary Application for Licensure documents graduate course work and training appropriate for licensure; if the applicant has not graduated from a program accredited by the American Psychological Association, then the applicant must attach supporting materials to the Preliminary Application for Licensure (including a description of the graduate program, course descriptions, and program information from a graduate bulletin) to assist Board members in the evaluation of the graduate program.

(b) Formal Application materials which include, but are not limited to, a Formal Application, Predoctoral Supervision Form, Supervision Contract, Supervisor's Report Form, three character references, three professional references and documentation of a passing score on the Examination for the Professional Practice of Psychology.

(7) An applicant must satisfactorily complete all requirements for licensure within two years from the date of Board approval of the Preliminary Application for Licensure or the applicant may be required to submit a new application, fee and documentation.

(8) An applicant for a Temporary Permit must complete both the Preliminary Application for Licensure and Formal Application materials and submit these materials with the Temporary Permit fee.

D. The Board shall instruct the applicant to limit advertisement to the areas of established and demonstrated competence.

HISTORY: Added by State Register Vol 2, eff May 30, 1978. Amended by State Register Volume 8, Issue No. 5, eff May 25, 1984; State Register Volume 15, Issue No. 6, eff June 28, 1991; State Register Volume 31, Issue No. 6, eff June 22, 2007.

100-2. Examinations.

A. Written examination.

(1) The written examination shall be the Examination for the Professional Practice of Psychology. A passing score on this examination shall be any score which falls at or above one half standard deviation below the mean score obtained on that test administration by persons holding the doctoral degree in psychology taking the test for the first time or any score which was equal to or greater than the score which is seventy percent (70%) of the total number of test items on that test administration, whichever is to the benefit of the applicant.

(2) The Examination for the Professional Practice of Psychology is administered twice annually. A place at the administration of the Examination for the Professional Practice of Psychology must be reserved through the administrative assistant of the Board eight weeks in advance of the examination.

B. Oral examination.

(1) Oral examinations are scheduled to coincide with business meetings of the Board. A candidate is examined for knowledge of his/her specialty area(s), familiarity with professional ethics and familiarity with issues of jurisprudence.

(2) Entrance to the oral examination is contingent upon prior approval of the Preliminary Application for Licensure and receipt of all Formal Application materials, including a passing score on the Examination for the Professional Practice of Psychology.

(3) An applicant for licensure must personally appear before the Board for the oral examination.

(4) An applicant who fails the oral examination must wait six months before the oral examination can be attempted again.

HISTORY: Added by State Register Vol 2, eff May 30, 1978. Amended by State Register Volume 8, Issue No. 5, eff May 25, 1984; State Register Volume 15, Issue No. 6, eff June 28, 1991.

100-3. Renewal of Licenses.

A. Licenses shall be renewed biennially, on a date determined by the Board, upon submission of the renewal fee and the Biennial Renewal Form (which includes, but is not limited to, reports of current activities and information regarding any unlicensed personnel who are being supervised in the performance of work of a psychological nature by the licensed psychologist).

B. The renewal fee and the Biennial Renewal Form will be considered late at the end of the biennial licensure period. A late fee will be assessed, in addition to the renewal fee, if renewal materials are received within two months after the license renewal deadline date.

C. A license not renewed within two months after the license renewal deadline date will be considered as expired. Except under extraordinary circumstances approved by the Board, an expired license will be reinstated only with successful completion of a new application for licensure.

D. The Board reserves the right to waive annual renewal fees for psychologists who have retired from active practice or who document cases of extreme hardship.

HISTORY: Added by State Register Vol 2, eff May 30, 1978. Amended by State Register Volume 8, Issue No. 5, eff May 25, 1984; State Register Volume 12, Issue No. 5, eff June 28, 1991; State Register Volume 15, Issue No. 6, eff June 28, 1991; State Register Volume 31, Issue No. 6, eff June 22, 2007.

100-4. Code of Ethics.

A. Introduction.

(1) Code of ethics. These rules of conduct constitute the code of ethics as required by the Code of Laws of South Carolina.

(2) Purpose. The rules of conduct constitute the standards against which the professional conduct of a psychologist is measured. Licensure as a psychologist in the State commits the licensed psychologist to adherence to these rules of conduct.

(3) Scope. The psychologist shall be governed by these rules of conduct whenever providing psychological services in any context. The rules of conduct shall not supersede other state or federal regulations. These rules of conduct shall apply to the conduct of each licensee and each applicant for licensure, including the applicant's conduct during the period of education, training and supervision which is required for licensure. The term "psychologist," as used within these rules of conduct, shall be interpreted accordingly.

(4) Responsibility for own actions. The psychologist shall be fully responsible for his/her own professional decisions and professional actions.

(5) Violations. A violation of these rules of conduct constitutes unprofessional conduct and is sufficient reason for disciplinary action or denial of either original licensure or reinstatement of licensure.

(6) Aid to interpretation. The Ethical Principles of Psychologists (See Appendix B) shall be used as an aid in resolving any ambiguities which may arise in the interpretation of the rules of conduct, except that these rules of conduct shall prevail whenever any conflict exists between these rules of conduct and the Ethical Principles of Psychologists.

B. Definitions.

(1) Client. "Client" means a receiver of psychological services. A corporate entity or other organization can be a client when the professional contract is to provide services of benefit primarily to the organization rather than to individuals. In the case of individuals with legal guardians, including minors and legally incompetent adults, the legal guardian shall be the client for decision-making purposes, except that the individual receiving services shall be the client for:

(a) Issues directly affecting the physical or emotional safety of the individual, such as sexual or other exploitative dual relationships; and

(b) Issues specifically reserved to the individual and agreed to by the guardian prior to rendering of services, such as confidential communication in a therapy relationship.

(2) Confidential information. "Confidential information" means information revealed by an individual or individuals or otherwise obtained by a psychologist, where there is reasonable expectation that, because of the relationship between the individual(s) and the psychologist or the circumstances under which the information was revealed or obtained, the information shall not be disclosed by the psychologist without the informed consent of the individual(s). When a corporation or other organization is the client, rules of confidentiality apply to information pertaining to the organization, including personal information about individuals when obtained in the proper course of that contract. Such information about individuals is subject to confidential control of the organization, not of the individual, and can be made available to the organization, unless there is reasonable expectation by such individual(s) that such information was obtained in a separate professional relationship with the individual(s) and is therefore subject to confidentiality requirements in itself.

(3) Licensed. "Licensed" means licensed by the South Carolina Board of Examiners in Psychology when such term identifies a person whose professional behavior is subject to regulation by the Board.

(4) Professional service. "Professional service" means all actions of the psychologist in the context of a professional relationship with a client.

(5) Supervisee. "Supervisee" means any person who functions under the extended authority of the psychologist to provide, or while in training to provide, psychological services.

C. Competence.

(1) Limits on practice. A psychologist shall limit practice and supervision to the area(s) of competence in which proficiency has been gained through education, training and experience as demonstrated to the Board.

(2) Accurate representation. A psychologist shall accurately represent areas of competence, education, training, experience and professional affiliations of the psychologist to the Board, the public and colleagues.

(3) Maintaining competency. A psychologist shall maintain current competency in the area(s) in which he/she practices through continuing education, consultation and/or other procedures, in conformance with current standards of scientific and professional knowledge.

(4) Adding new services and techniques. The psychologist, when developing competency in a service or technique that is either new to the psychologist or new to the profession, shall engage in ongoing consultation with other psychologists or relevant professionals and shall seek appropriate education and/or training in the new area. When such competence involves providing direct human services, the psychologist should inform clients of the innovative nature and the known risks associated with the service(s), so that the client can exercise freedom of choice concerning such service(s).

(5) Referral. The psychologist shall make or recommend referral to other professional, technical or administrative resources when such referral is clearly in the best interests of the client(s).

(6) Sufficient professional information. A psychologist rendering a formal professional opinion about a person (for example, about the fitness of a parent in a custody hearing) shall not do so without direct and substantial professional contact with and a formal assessment of that person.

(7) Maintenance and retention of records.

(a) The psychologist rendering professional individual services to a client (or a dependent), or services billed to a third party payor, shall maintain professional records that include:

(i) The presenting problem(s) or purpose or diagnosis;

(ii) The fee arrangement;

(iii) The date and substance of each billed or service-count contact or service;

(iv) Any test results or other evaluative results obtained and any basic test data from which they were derived;

(v) Notation and results of formal consults with other providers;

(vi) A copy of test or other evaluative reports prepared as part of the professional relationship.

(b) To meet the requirements of these rules, but not necessarily for other legal purposes, the psychologist shall assure that all data entries in the professional records are maintained for a period of not less than five years after the last date that service was rendered. The psychologist shall also abide by other legal requirements for record retention, even if longer periods of retention are required for other purposes.

(c) The psychologist shall store and dispose of written, electronic and other records in such manner as to assure their confidentiality.

(d) For each person professionally supervised, the psychologist shall maintain, for a period of not less than five years after the last date of supervision, a record of each supervisory session that shall include, among other information, the type, place, and general content of the session.

(8) Continuity of care. A psychologist should make appropriate arrangements to deal with emergency needs of his/her client(s) during periods of his/her foreseeable absences from professional availability and inform his/her client(s) of those arrangements.

D. Impaired objectivity and dual relationships.

(1) Impaired psychologist. The psychologist shall not undertake or continue a professional relationship with a client when the psychologist is, or could reasonable be expected by the Board to be, impaired due to mental, emotional, physiologic, pharmacologic, or substance abuse conditions. If such a condition develops after a professional relationship has been initiated, the psychologist shall terminate the relationship in an appropriate manner, shall notify the client in writing of the termination, and shall assist the client in obtaining services from another professional.

(2) Dual relationships affecting psychologist's judgment. The psychologist shall not undertake or continue a professional relationship with a client when the objectivity or competency of the psychologist is, or could reasonably be expected by the Board to be, impaired because of the psychologist's present or previous familial, social, sexual, emotional, financial, supervisory, political, administrative or legal relationship with the client or a relevant person associated with or related to the client. If such dual relationship develops or is discovered after the professional relationship has been initiated, the psychologist shall terminate the professional relationship in an appropriate manner, shall notify the client in writing of this termination, and shall assist the client in obtaining services from another professional.

(3) Prohibited dual relationships.

(a) The psychologist, in interacting with any current human services client or with a person to whom the psychologist has at any time within the previous 24 months rendered counseling, psychotherapeutic, or other professional psychological services for the treatment or amelioration of emotional distress or behavioral inadequacy, shall not:

(i) Engage in any verbal or physical behavior toward him/her which is sexually seductive, demeaning, or harassing; or

(ii) Engage in sexual intercourse or other physical intimacies with him/her; or

(iii) Enter into a financial or other potentially exploitative relationship with him/her.

(b) The prohibitions set out in (a) above shall not be subject to the 24 month limitation and shall extend indefinitely if the client is proven to be clearly vulnerable, by reason of emotional or cognitive disorder, to exploitative influence by the psychologist.

(4) Supervisees. A psychologist shall not initiate or continue a relationship involving the supervision of professional activities with an employee/supervisee when the objectivity or competency of the psychologist is, or could be expected by the Board to be, impaired because of the psychologist's present or previous familial, social, sexual, emotional, financial, supervisory, political, administrative or legal relationship with the client or a relevant person associated with or related to the employee/supervisee.

E. Client welfare.

(1) Providing explanation of procedures. A psychologist shall give, subject to professional judgment, a truthful, understandable, and complete account of the client's condition to the client or those responsible for the care of the client. The psychologist shall keep the client fully informed as to the purpose and nature of any evaluation, treatment or other procedures and of the client's right to freedom of choice regarding services provided.

(2) Termination of services. Whenever professional services are terminated, the psychologist shall offer to help locate alternative sources of professional services or assistance, if indicated. The psychologist shall terminate a professional relationship when it is reasonably clear that the client is not benefiting from the relationship and shall prepare the client appropriately for such termination.

(3) Stereotyping. The psychologist shall not impose on the client any stereotypes of behavior, values or roles related to age, gender, religion, race, disability, nationality or sexual preference or diagnosis which would interfere with the objective provision of psychological services to the client.

(4) Sexual or other dual relations with a client. The psychologist shall not enter into a sexual or other dual relationship with a client, as specified in Section (D) of these rules of conduct.

(5) Solicitation of business by clients. The psychologist providing human services to a client shall not induce that client to solicit business on behalf of the psychologist.

(6) Referrals on request. The psychologist providing human services to a client shall make an appropriate referral of the client to another professional when requested to do so by the client.

F. Welfare of supervisees and research subjects.

(1) Welfare of supervisees. The psychologist shall not exploit a supervisee in any way -sexually, financially or otherwise.

(2) Welfare of research subjects. The psychologist shall respect the dignity and protect the welfare of his/her research subjects and shall comply with all relevant statutes and administrative rules concerning treatment of research subjects.

G. Protecting confidentiality of clients.

(1) In general. The psychologist shall safeguard the confidential information obtained in the course of practice, teaching, research or other professional duties. With the exceptions set forth below, the psychologist shall disclose confidential information to others only with the informed written consent of the client.

(2) Disclosure without informed written consent. The psychologist may disclose confidential information without the informed written consent of the psychologist when the psychologist judges that disclosure is necessary to protect against a clear and substantial risk of imminent serious harm being inflicted by the client on the client or another person. In such case, the psychologist shall limit disclosure of the otherwise confidential information to only those persons and only that content which would be consistent with the standards of the profession in addressing such problems. When the client is an organization, disclosure shall be made only after the psychologist has made a reasonable and unsuccessful attempt to have the problems corrected within the organization.

(3) Services involving more than one interested party. In a situation in which more than one party has an appropriate interest in the professional services rendered by the psychologist to a recipient or recipients, the psychologist shall, to the extent possible, clarify to all parties prior to rendering the professional services the dimensions of confidentiality and professional responsibility that shall pertain in the rendering of services. Such clarification is specifically indicated, among other circumstances, when the client is an organization.

(4) Multiple clients. When service is rendered to more than one client during a joint session, the psychologist shall at the beginning of the professional relationship clarify to all parties the manner in which confidentiality will be handled. All parties shall be given opportunity to discuss and to accept whatever limitations to confidentiality adhere in the situation.

(5) Legally dependent clients. At the beginning of a professional relationship, to the extent that the client can understand, the psychologist shall inform a client who is below the age of majority or who has a legal guardian of the limit the law imposes on the right of confidentiality with respect to his/her communications with the psychologist.

(6) Limited access to client records. The psychologist shall limit access to client records to preserve their confidentiality and shall assure that all persons working under the psychologist's authority comply with the requirements for confidentiality of client material.

(7) Release of confidential information. The psychologist may release confidential information in compliance with the Code of Laws of South Carolina or to conform to other state or federal law, rule or regulation.

(8) Reporting of abuse of children and vulnerable adults. The psychologist shall be familiar with any relevant law concerning the reporting of abuse of children and vulnerable adults and shall comply with such law.

(9) Discussion of client information among professionals. When rendering professional services as part of a team or when interacting with other appropriate professionals concerning the welfare of the client, the psychologist may share confidential information about the client to the extent permitted by the Code of Laws of South Carolina, provided the psychologist takes reasonable steps to assure that all persons receiving the information are informed about the confidential nature of the information and abide by the rules of confidentiality.

(10) Disguising confidential information. When case reports or other clinical materials are used as the basis of teaching, research or other published reports, the psychologist shall exercise reasonable care to insure that the reported material is appropriately disguised to prevent client identification.

(11) Observation and electronic recording. The psychologist shall ensure that diagnostic interviews or therapeutic sessions with a client are observed or electronically recorded only with the informed consent of the client.

(12) Confidentiality after termination of professional relationship. The psychologist shall continue to treat as confidential information regarding a client after the professional relationship between the psychologist and the client has ceased.

H. Representation of services.

(1) Display of license. The psychologist shall display prominently on the premises of the professional practice the psychologist's license to practice psychology in the State.

(2) Misrepresentation of qualifications. The psychologist shall not misrepresent directly or by implication his/her professional qualifications such as education, experience or areas of competence.

(3) Misrepresentation of affiliations. The psychologist shall not misrepresent directly or by implication his/her affiliations or the purposes or characteristics of institutions and organizations with which the psychologist is associated.

(4) False or misleading information. The psychologist shall not include false or misleading information in public statements concerning psychological services offered.

(5) Misrepresentation of services or products. The psychologist shall not associate with or permit his/her name to be used in connection with any services or products in such a way as to misrepresent:

(a) The services or products;

(b) The degree of his/her responsibility for the services or products; or

(c) The nature of his/her association with the services or products.

(6) Correction of misrepresentation by others. The psychologist shall correct others who misrepresent the psychologist's professional qualifications or affiliations.

I. Fees and statements.

(1) Disclosure of cost of services. The psychologist shall not mislead or withhold from the client, prospective client or third-party payor, information about the cost of his/her professional services.

(2) Reasonableness of fees. The psychologist shall not exploit the client or responsible payor by charging a fee that is excessive for the services performed or by entering into an exploitative bartering arrangement in lieu of a fee.

(3) Itemized fee statement. The psychologist shall itemize fees for all services for which the client or a third party payor is billed and ensure that the itemized statement is available to the client. The statement shall identify the date on which the service was performed, the nature of the service, the name of the individual providing the service and the name of the individual who is professionally responsible for the service.

(4) No misrepresentation. The psychologist shall not misrepresent directly or by implication to the client or to a third party payor billed for services the nature of services, the identity of the person who provided the services or the individual who is professionally responsible for the services provided.

(5) Fees to be claimed only by the provider. The psychologist shall not claim a fee for services unless the psychologist is the direct provider of the services or the individual who is professionally responsible for the provision of the services and under whose direction the services were provided.

(6) No remuneration for referrals. No commission, rebate or other form of remuneration may be given or received by a psychologist for the referral of clients for psychological services.

J. Assessment procedures and reports.

(1) Confidential information. A psychologist shall treat an assessment result or interpretation regarding an individual as confidential information.

(2) Communication of results. The psychologist should accompany, subject to professional judgment, communication of results of assessment procedures to the client, parents, legal guardians or other agents of the client by adequate interpretive aids or explanations.

(3) Reservations concerning results. The psychologist shall include in his/her report of the results of an assessment procedure any deficiencies of the assessment norms for the individual assessed and any relevant reservations or qualifications which affect the validity, reliability or other interpretations of results.

(4) Protection of integrity of assessment procedures. The psychologist shall not reproduce or describe in popular publications, lectures or public presentations psychological tests or other assessment devices in ways that might invalidate them.

(5) Information for professional users. A psychologist offering an assessment procedure or automated interpretation service to other professionals shall accompany this offering by a manual or other printed material which fully describes the development of the assessment procedure or service, the rationale, evidence of validity and reliability, and characteristics of the normative population. The psychologist shall explicitly state the purpose and application for which the procedure is recommended and identify special qualifications required to administer and interpret it properly. The psychologist shall ensure that advertisements for the assessment procedure or interpretative service are factual and descriptive.

K. Violations of law.

(1) Violation of applicable statutes. The psychologist shall not violate any applicable statute or administrative rule regulating the practice of psychology.

(2) Use of fraud, misrepresentation or deception. The psychologist shall not use fraud, misrepresentation or deception in obtaining a psychology license, in passing a psychology licensing examination, in assisting another to obtain a psychology license or to pass a psychology licensing examination, in billing clients or third party payers, in providing psychological service(s), in reporting the results of psychological evaluations or services or in conducting any other activity related to the practice of psychology.

L. Aiding illegal practice.

(1) Aiding unauthorized practice. A psychologist shall not aid or abet another person in misrepresenting his/her professional credentials or in illegally engaging in the practice of psychology.

(2) Delegating professional authority. A psychologist shall not delegate responsibilities to a person not appropriately credentialed or otherwise appropriately qualified to provide such services.

(3) Providing supervision. A psychologist shall exercise appropriate supervision over supervisees, as set forth in the rules and regulations of the Board.

(4) Reporting of violations to Board. The psychologist who has substantial reason to believe that there has been a violation of the statutes or rules of the Board shall so inform the Board in writing on forms provided by the Board, except that, when the information regarding such violation is obtained in a professional relationship with a client, the psychologist shall report it only with the written permission of the client. Nothing in this code shall relieve a psychologist of the duty to file any report required by applicable statutes.

HISTORY: Added by State Register Volume 8, Issue No. 5, eff May 25, 1984; Amended by State Register Volume 15, Issue No. 6, eff June 28, 1991; State Register Volume 31, Issue No. 6, eff June 22, 2007.

100-6. Advertising.

A. Public statements, announcements of services, advertising, and promotional activities of psychologists serve the purpose of helping the public make informed judgments and choices. Psychologists represent accurately and objectively their professional qualifications, affiliations, and functions, as well as those of the institutions or organizations with which they or the statements may be associated. In public statements providing psychological information or professional opinions or providing information about the availability of psychological products, publications, and services, psychologists base their statements on scientifically acceptable psychological findings and techniques with full recognition of the limits and uncertainties of such evidence.

1. When announcing or advertising professional services, psychologists may list the following information to describe the provider and services provided: name, highest relevant academic degree earned from a regionally accredited institution, date, type and level of certification or licensure, diplomat status, APA membership status, address, telephone number, office hours, a brief listing of the type of psychological services offered, an appropriate presentation of fee information, foreign language spoken, and policy with regard to third-party payments. Additional relevant or consumer information may be included if not prohibited by other sections of these Ethical Principles.

2. In announcing or advertising the availability of psychological products, publications, or services, psychologists do not present their affiliation with any organization in a manner that falsely implies sponsorship or certification by that organization. In particular and for example, psychologists do not state APA membership or fellow status in a way to suggest that such status implies specialized professional competence or qualifications. Public statements include, but are not limited to, communication by means of periodical, book, list, directory, television, radio, or motion picture. They do not contain (i) a false fraudulent, misleading deceptive, or unfair statement; (ii) a misinterpretation of fact or a statement likely to mislead or deceive because in context it makes only a partial disclosure of relevant facts; (iii) a statement intended or likely to create false or unjustified expectations of favorable results; (iv) a statement implying unusual, unique, or one-of-a-kind abilities.

HISTORY: Added by State Register Volume 8, Issue No. 5, eff May 25, 1984; Amended by State Register Volume 12, Issue No. 5, eff May 27, 1991.

100-7. Fees.

The following nonrefundable fees shall be proscribed and assessed by the Board within the following limits:

A. Application (including both the Preliminary Application for Licensure and Formal Application materials): Not to exceed $500.00.

B. Written Examination (Examination for the Professional Practice of Psychology): Not to exceed $500.00.

C. Initial License: Prorated portion of annual Renewal of License Fee: Not to exceed $250.00.

D. Annual Renewal of License: Not to exceed $250.00.

E. Temporary Permit: Not to exceed $250.00.

F. Miscellaneous administrative charges:

(1) Replacement of lost/stolen license: Not to exceed $50.00.

(2) Return of incomplete Annual Renewal Form: Not to exceed $30.00.

(3) Filing of Professional Association information: Not to exceed $50.00.

(4) Late fee: Not to exceed $75.00.

(5) Fee for second and each subsequent oral examination: Not to exceed $200.00.

(6) Fee for administration of Examination for the Professional Practice of Psychology to candidates for licensure in other states: Not to exceed $50.00.

(7) Fee for returned checks: Not to exceed $25.00.

(8) Fee for name change: Not to exceed $50.00.

(9) Fee for supervised employee annual registration: Not to exceed $150.00.

HISTORY: Added by State Register Volume 12, Issue No. 5, eff May 27, 1988; Amended by State Register Volume 15, Issue No. 6, eff June 28, 1991.

100-8. Guidelines for the Employment and Supervision of Unlicensed Persons Providing Psychological Services.

A. Qualifications. The supervising psychologist shall be licensed for the practice of psychology and have adequate training, knowledge and skill to render competently any psychological service which his/her supervisee undertakes.

B. Qualifications of unlicensed persons providing psychological services. The unlicensed service provider must have background, training and experience appropriate to the functions performed. The licensed supervising psychologist is responsible, subject to Board review, for determining the adequacy of preparation of the unlicensed service provider and the designation of his/her title in accordance with the Code of Laws of South Carolina.

C. Conditions for utilization of unlicensed persons providing psychological services.

(1) The licensed psychologist must register the following information, and any other information deemed necessary by the Board, with the Board at the time of annual license renewal:

(a) The name of the unlicensed person rendering the psychological service;

(b) The nature of the psychological services rendered;

(c) The qualifying academic training and experience of the unlicensed person;

(d) The nature of the continuing supervision provided by the licensed psychologist.

(2) The person providing psychological services who is not licensed by the Board must be under the direct and continuing administrative and professional supervision of a psychologist licensed by the Board.

(3) The licensed psychologist must be vested with administrative control over the functioning of the unlicensed person in order to maintain ultimate responsibility for the welfare of every client. When the employer is other than the licensed psychologist, the licensed psychologist must have direct input into administrative matters.

(4) The licensed psychologist shall have sufficient knowledge of all clients, including face-to-face contact when necessary, in order to plan effective service delivery procedures. The progress of the work shall be monitored through such means as will insure that full legal and professional responsibility can be accepted by the supervising psychologist for all services rendered. Supervising psychologists shall also be available for emergency consultation and intervention.

(5) Work assignments shall be commensurate with the skills of the unlicensed person. All procedures shall be planned in consultation with the supervising psychologist.

(6) The unlicensed employee shall work in the same physical setting as the supervising psychologist, unless other individual arrangements have been approved, in advance, by the Board.

(7) Public announcement of services and fees and contact with the lay or professional community shall be offered only in the name of the supervising licensed psychologist. The title of the unlicensed person must clearly indicate his/her supervised status.

(8) Users of the unlicensed person's services shall be informed of his/her status and shall be given specific information as to his/her qualifications and functions.

(9) Clients shall be informed of the possibility of periodic meetings with the supervising psychologist at their, the service provider's, or the supervising psychologist's request.

(10) Setting and receipt of payment shall remain the sole domain of the employing agency or supervising psychologist.

(11) The supervising psychologist shall establish and maintain a level of supervisory contact consistent with established professional standards and be fully accountable in the event that professional, ethical or legal issues are raised.

(12) No more than the equivalent of three (3) full-time supervisees may be registered for any one supervising licensed psychologist.

D. Conduct of supervision. It is recognized that the variability in the preparation for practice of all personnel will require individually tailored supervision. The range and content of supervision will have to be arranged between the individual supervising psychologist and the unlicensed person. A detailed job description in which functions are designated at varying levels of difficulty, requiring increased levels of training, skill and experience should be available. This job description shall be made available to the Board and service recipients, upon request.

(1) Employment of a person who provides psychological services and who is not licensed by the Board requires the supervision of a licensed psychologist.

(2) The licensed psychologist may not be in the employ of his/her supervisee.

(3) The supervising psychologist is responsible for the planning, course and outcome of the psychological services performed by the supervisee. The conduct of supervision shall insure the professional, ethical and legal protection of the client and of the unlicensed person.

(4) An ongoing record of supervision shall be maintained which details the types of activities in which the unlicensed person is engaged, the level of competence in each activity and the outcome of all procedures.

(5) All written reports and communications shall be reviewed, approved and countersigned as by the supervising licensed psychologist.

HISTORY: Added by State Register Volume 15, Issue No. 6, eff June 28, 1991. Amended by State Register Volume 31, Issue No. 6, eff June 22, 2007.

100-9. Organization of the Board.

A. Officers.

(1) The officers of the Board shall be the Chair, the Vice-Chair, the Secretary and the Treasurer who shall be elected annually and who shall serve a one year term or until his/her successor shall have been elected.

(2) The Chair shall preside at all meetings and shall perform other duties as the Board may direct. In his/her absence, the next senior officer of the Board will preside.

(3) The Vice-Chair shall preside at meetings in the absence of the Chair and shall perform other duties as the Board may direct.

(4) The Secretary shall be responsible for the minutes of Board meetings.

(5) The Treasurer shall coordinate the financial activities of the Board. Such meetings must be consistent with the Code of Laws of South Carolina.

B. Meetings.

(1) At least one meeting shall be held each year.

(2) Other meetings will be arranged as the need is determined by members of the Board.

(3) Special meetings may be held upon the call of the Chair upon five days written notice thereof.

(4) Call meetings may be held at the written request of any two members of the Board.

(5) Telephone conference meetings may be held at the request of the Chair of the Board to initiate any action which requires consideration before a regular meeting of the Board.

C. Board Actions.

Official actions of the Board are those actions approved by official vote of the Board. Unofficial statements made by an individual Board member or staff member are not binding on the Board.

HISTORY: Added by State Register Volume 15, Issue No. 6, eff June 28, 1991.

100-10. Continuing Education Credits.

A. Number of credits. Each licensed psychologist shall earn a minimum of twenty-four (24) approved continuing education credits during each two year biennial licensure period.

B. Types of credit. A minimum of twelve (12) continuing education credits must be accumulated from Category A offerings and a maximum of twelve (12) continuing education credits can be accumulated from Category B offerings. Psychologists can elect to earn all of their continuing education credits from Category A offerings.

(1) Category A experiences generally include formal activities wherein direct contact hours can be exchanged for continuing education credits on a one to one basis. Each offering under Category A should have a mechanism by which to measure the exchange of information, and, with respect to item (e) below, these offerings must be relevant to psychologist's area(s) of practice. It is the responsibility of the licensed psychologist to confirm completion of each educational experience completed under item (e) below. Category A generally includes, but is not limited to:

(a) Successful completion of a three (3) hour graduate course in psychology at a regionally accredited institution of higher learning; content of the course must be relevant to area(s) in which the psychologist practices;

(b) Offerings by regionally accredited institutions of higher learning;

(c) Offerings by the American Psychological Association approved internship training programs;

(d) Offerings by the American Psychological Association, by American Psychological Association approved sponsors, and/or by state or regional psychological associations;

(e) Teaching a graduate course designed for the education of psychologists the first time it is taught;

(f) Offerings by sponsors approved by other national professional organizations that are relevant to specialty area of licensure;

(g) Publishing a scholarly work of a psychological nature in a refereed publication.

(2) For offerings (a) and (g) under Category A, a maximum of twelve (12) continuing education credits can be earned per year.

(3) Category B usually involves more informal offerings than Category A and includes, but is not limited to:

(a) Peer review or supervision by another licensed psychologist or another mental health professional;

(b) Consultation with another licensed psychologist or another mental health professional;

(c) Publishing a scholarly work of a psychological nature in a nonreferred publication;

(d) Attendance or presentation at professional, educational, or scientific meetings, seminars, workshops, etc. of local, state, regional, or national professional organizations or agencies;

(e) Reading of professional journals and listening to/viewing self study tapes and courses of a psychological nature.

C. No carryover of continuing education credits. Under no circumstances will a licensed psychologist who earns more than the minimum number of continuing education credits in the twenty-four (24) month licensure period be permitted to carry over the excess credits to the following licensure period.

D. Reporting of credits. Each licensed psychologist shall report, on a form provided by the Board, completion of a minimum of twenty-four (24) approved continuing education credits in the twenty-four (24) month licensure period at the time of licensure renewal.

E. Monitoring of credits. The Board will request written documentation of completion of a minimum of twenty-four (24) approved continuing education credits during the previous twenty-four (24) month licensure period from a randomly selected sample of licensed psychologists.

F. Penalties. When a licensed psychologist is unable to provide the Board with written documentation of completion of a minimum of twenty-four (24) approved continuing education credits during the previous twenty-four (24) month licensure period, a penalty will be determined by the Board on an individual basis.

HISTORY: Added by State Register Volume 15, Issue No. 6, eff June 28, 1991. Amended by State Register Volume 31, Issue No. 6, eff June 22, 2007; State Register Volume 36, Issue No. 6, eff June 22, 2012.

APPENDIX A. AMERICAN ASSOCIATION OF STATE PSYCHOLOGY BOARDS CRITERIA

Principle: The foundation of professional practice in psychology is the evolving body of knowledge in the discipline of psychology.

The following criteria will be used to identify and designate educational programs as psychology programs:

1. Programs that are accredited by the American Psychological Association are recognized as meeting the definition of a professional psychology program. The criteria for accreditation serve as a model for professional training.

2. Training in professional psychology is doctoral training offered in a regionally accredited institution of higher learning.

3. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogs and brochures its intent to educate and train professional psychologists.

4. The psychology program must stand as a recognizable, coherent organizational entity within the institution.

5. There must be clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines.

6. The program must be an organized sequence of study planned by those responsible for the training program to provide an integrated educational sequence appropriate to the professional practice of psychology.

7. There must be an identifiable psychology faculty and a psychologist responsible for the program.

8. The program must have an identifiable body of students who are matriculated in that program for a degree. Since the quality of any educational program is partially dependent on the quality of students, careful attention must be given that students meet appropriate standards of educational preparation and ability for admission.

9. The program must include supervised practicum, internship, field or laboratory training appropriate to the practice of psychology.

10. The curriculum shall encompass a minimum of three academic years of full-time graduate study. The doctoral program shall involve one continuous academic year of full-time residency at the university at which the degree is granted. In addition to instruction in scientific and professional ethics and standards, history and systems, research design methodology, statistics and psychometrics, the core program shall require each student to demonstrate competence in each of the following substantive content areas. This typically will be met by including a minimum of six or more graduate semester hours (nine or more graduate quarter hours) in each of these four substantive content areas:

a. Biological bases of behavior, e.g., physiological psychology, comparative psychology.

b. Cognitive-affective bases of behavior, e.g., learning, thinking, motivation, emotion.

c. Social bases of behavior, e.g., social psychology, group processes, organization and systems theory.

d. Individual differences, e.g., personality theory, human development, abnormal psychology.

Note: Item 10 identifies the core psychology program. In addition to these criteria, all professional education programs in psychology will include course requirements in specialty areas. The above curriculum requirements, then, represent the necessary, but not the sufficient number of graduate hours for a degree in professional psychology.

HISTORY: Added by State Register Vol 2, eff May 30, 1978Amended by State Register Volume 8, Issue No. 5, eff May 25, 1984; Amended by State Register Volume 15, Issue No. 6, eff June 28, 1991.

APPENDIX B. ETHICAL PRINCIPLES OF PSYCHOLOGISTS

PREAMBLE

Psychologists respect the dignity and worth of the individual and strive for the preservation and protection of fundamental human rights. They are committed to increasing knowledge of human behavior and of people's understanding of themselves and others and to the utilization of such knowledge for the promotion of human welfare. While pursuing these objectives, they make every effort to protect the welfare of those who seek their services and of the research participants that may be the object of study. They use their skills only for purposes consistent with these values and do not knowingly permit their misuse by others. While demanding for themselves freedom of inquiry and communication, psychologists accept the responsibility this freedom requires: competence, objectivity in the application of skills, and concern for the best interests of clients, colleagues, students, research participants, and society. In the pursuit of these ideals, psychologists subscribe to principles in the following areas: 1. Responsibility, 2. Competence, 3. Moral and Legal Standards, 4. Public Statements, 5. Confidentiality, 6. Welfare of the Consumer, 7. Professional Relationships, 8. Assessment Techniques, 9. Research With Human Participants, and 10. Care and Use of Animals.

PRINCIPLE 1: RESPONSIBILITY

In providing services, psychologists maintain the highest standards of their profession. They accept responsibility for the consequences of their acts and make every effort to ensure that their services are used appropriately.

a. As scientists, psychologists accept responsibility for the selection of their research topics and the methods used in investigation, analysis, and reporting. They plan their research in ways to minimize the possibility that their findings will be misleading. They provide thorough discussion of the limitations of their data, especially where their work touches on social policy or might be construed to the detriment of persons in specific age, sex, ethnic, socioeconomic, or other social groups. In publishing reports of their work, they never suppress disconfirming data, and they acknowledge the existence of alternative hypotheses and explanations of their findings. Psychologists take credit only for work they have actually done.

b. Psychologists clarify in advance with all appropriate persons and agencies the expectations for sharing and utilizing research data. They avoid relationships that may limit their objectivity or create a conflict of interest. Interference with the milieu in which data are collected is kept to a minimum.

c. Psychologists have the responsibility to attempt to prevent distortion, misuse, or suppression of psychological findings by the institution or agency of which they are employees.

d. As members of governmental or other organizational bodies, psychologists remain accountable as individuals to the highest standards of their profession.

e. As teachers, psychologists recognize their primary obligation to help others acquire knowledge and skill. They maintain high standards of scholarship by presenting psychological information objectively, fully, and accurately.

f. As practitioners, psychologists know that they bear a heavy social responsibility because their recommendations and professional actions may alter the lives of others. They are alert to personal, social, organizational, financial, or political situations and pressures that might lead to misuse of their influence.

PRINCIPLE 2: COMPETENCE

The maintenance of high standards of competence is a responsibility shared by all psychologists in the interest of the public and the profession as a whole. Psychologists recognize the boundaries of their competence and the limitations of their techniques. They only provide services and only use techniques for which they are qualified by training and experience. In those areas in which recognized standards do not yet exist, psychologists take whatever precautions are necessary to protect the welfare of their clients. They maintain knowledge of current scientific and professional information related to the services they render.

a. Psychologists accurately represent their competence, education, training, and experience.

b. As teachers, psychologists perform their duties on the basis of careful preparation so that their instruction is accurate, current, and scholarly.

c. Psychologists recognize the need for continuing education and are open to new procedures and changes in expectations and values over time.

d. Psychologists recognize differences among people, such as those that may be associated with age, sex, socioeconomic, and ethnic backgrounds. When necessary, they obtain training, experience, or counsel to assure competent service or research relating to such persons.

e. Psychologists responsible for decisions involving individuals or policies based on test results have an understanding of psychological or educational measurement, validation problems, and test research.

f. Psychologists recognize that personal problems and conflicts may interfere with professional effectiveness. Accordingly, they refrain from undertaking any activity in which their personal problems are likely to lead to inadequate performance or harm to a client, colleague, student, or research participant. If engaged in such activity when they become aware of their personal problems, they seek competent professional assistance to determine whether they should suspend, terminate, or limit the scope of their professional and/or scientific activities.

PRINCIPLE 3: MORAL AND LEGAL STANDARDS

Psychologists' moral and ethical standards of behavior are a personal matter to the same degree as they are for any other citizen, except as these may compromise the fulfillment of their professional responsibilities or reduce the public trust in psychology and psychologists. Regarding their own behavior, psychologists are sensitive to prevailing community standards and to the possible impact that conformity to or deviation from these standards may have upon the quality of their performance as psychologists. Psychologists are also aware of the possible impact of their public behavior upon the ability of colleagues to perform their professional duties.

a. As teachers, psychologists are aware of the fact that their personal values may affect the selection and presentation of instructional materials. When dealing with topics that may give offense, they recognize and respect the diverse attitudes that students may have toward such materials.

b. As employees or employers, psychologists do not engage in or condone practices that are inhumane or that result in illegal or unjustifiable actions. Such practices include, but are not limited to, those based on considerations of race, handicap, age, gender, sexual preference, religion, or national origin in hiring, promotion, or training.

c. In their professional roles, psychologists avoid any action that will violate or diminish the legal and civil rights of clients or of others who may be affected by their actions.

d. As practitioners and researchers, psychologists act in accord with accepted standards and guidelines related to practice and to the conduct of research with human beings and animals. In the ordinary course of events, psychologists adhere to relevant governmental laws and institutional regulations. When federal, state, organizational, or institutional laws, regulations or practices are in conflict with accepted standards and guidelines, psychologists make known their commitment to standards and guidelines and, wherever possible, work toward a resolution of the conflict. Both practitioners and researchers are concerned with the development of such legal and quasi-legal regulations as best serve the public interest, and they work toward changing existing regulations that are not beneficial to the public interest.

PRINCIPLE 4: PUBLIC STATEMENTS

Public statements, announcements of services, advertising, and promotional activities of psychologists serve the purpose of helping the public make informed judgements and choices. Psychologists represent accurately and objectively their professional qualifications, affiliations, and functions, as well as those of the institutions or organizations with which they or the statements may be associated. In public statements providing psychological information or professional opinions or providing information about the availability of psychological products, publications, and services, psychologists base their statements on scientifically acceptable psychological findings and techniques with full recognition of the limits and uncertainties of such evidence.

a. When announcing or advertising professional services, psychologists may list the following information to describe the provider and services provided: name, highest relevant academic degree earned form a regionally accredited institution, date, type, and level of certification or licensure, diplomate status, professional organization membership status, address, telephone number, office hours, a brief listing of the type of psychological services offered, an appropriate presentation of fee information, foreign languages spoken, and policy with regard to third-party payments. Additional relevant or important consumer information may be included if not prohibited by other sections of these Ethical Principles.

b. In announcing or advertising the availability of psychological products, publications, or services, psychologists do not present their affiliation with any organization in a manner that falsely implies sponsorship or certification by that organization. In particular and for example, psychologists do not state professional organization membership or fellow status in a way to suggest that such status implies specialized professional competence or qualifications. Public statements include, but are not limited to, communication by means of periodical, book, list, directory, television, radio, or motion picture. They do not contain (i) a false, fraudulent, misleading, deceptive, or unfair statement; (ii) a misinterpretation of fact or a statement likely to mislead or deceive because in context it makes only a partial disclosure of relevant facts; (iii) a statement intended or likely to create false or unjustified expectations of favorable results.

c. Psychologists do not compensate or give anything of value to a representative of the press, radio, television, or other communication medium in anticipation of or in return for professional publicity in a news item. A paid advertisement must be identified as such, unless it is apparent from the context that it is a paid advertisement. If communicated to the public by use of radio or television, an advertisement is prerecorded and approved for broadcast by the psychologist, and a recording of the actual transmission is retained by the psychologist.

d. Announcements or advertisements of "personal growth groups," clinics, and agencies give a clear statement of purpose and a clear description of the experiences to be provided. The education, training, and experience of the staff members are appropriately specified.

e. Psychologists associated with the development or promotion of psychological devices, books, or other products offered for commercial sale make reasonable efforts to ensure that announcements and advertisements are presented in a professional, scientifically acceptable, and factually informative manner.

f. Psychologists do not participate for personal gain in commercial announcements or advertisements recommending to the public the purchase or use of proprietary or single-source products or services when that participation is based solely upon their identification as psychologists.

g. Psychologists present the science of psychology and offer their services, products, and publications fairly and accurately, avoiding misrepresentation through sensationalism, exaggeration, or superficiality. Psychologists are guided by the primary obligation to aid the public in developing informed judgements, opinions, and choices.

h. As teachers, psychologists ensure that statements in catalogs and course outlines are accurate and not misleading, particularly in terms of subject matter to be covered, bases for evaluating progress, and the nature of course experiences. Announcements, brochures, or advertisements describing workshops, seminars, or other educational programs accurately describe the audience for which the program is intended as well as eligibility requirements, educational objectives, and nature of the materials to be covered. These announcements also accurately represent the education, training, and experience of the psychologists presenting the programs and any fees involved.

i. Public announcements or advertisements soliciting research participants in which clinical services or other professional services are offered as an inducement make clear the nature of the services as well as the costs and other obligations to be accepted by participants in the research.

j. A psychologist accepts the obligation to correct others who represent the psychologists's professional qualifications, or associations with products or services, in a manner incompatible with these guidelines.

k. Individual diagnostic and therapeutic services are provided only in the context of a professional psychological relationship. When personal advice is given by means of public lectures or demonstrations, newspaper or magazine articles, radio or television programs, mail, or similar media, the psychologist utilizes the most current relevant data and exercises the highest level of professional judgement.

l. Products that are described or presented by means of public lectures or demonstrations, newspaper or magazine articles, radio or television programs, or similar media meet the same recognized standards as exist for products used in the context of a professional relationship.

PRINCIPLE 5: CONFIDENTIALITY

Psychologists have a primary obligation to respect the confidentiality of information obtained from persons in the course of their work as psychologists. They reveal such information to others only with the consent of the person or the person's legal representative, except in those unusual circumstances in which not to do so would result in clear danger to the person or to others. Where appropriate, psychologists inform their clients of the legal limits of confidentiality.

a. Information obtained in clinical or consulting relationships, or evaluative data concerning children, students, employees, and others, is discussed only for professional purposes and only with persons clearly concerned with the case. Written and oral reports present only data germane to the purposes of the evaluation, and every effort is made to avoid undue invasion of privacy.

b. Psychologists who present personal information obtained during the course of professional work in writings, lectures, or other public forums either obtain adequate prior consent to do so or adequately disguise all identifying information.

c. Psychologists make provisions for maintaining confidentiality in the storage and disposal of records.

d. When working with minors or other persons who are unable to give voluntary, informed consent, psychologists take special care to protect these persons' best interests.

e. Psychologists act in compliance with the Code of Laws of South Carolina regarding confidences of patients.

PRINCIPLE 6: WELFARE OF THE CONSUMER

Psychologists respect the integrity and protect the welfare of the people and groups with whom they work. When conflicts of interest arise between clients and psychologists' employing institutions, psychologists clarify the nature and direction of their loyalties and responsibilities and keep all parties informed of their commitments. Psychologists fully inform consumers as to the purpose and nature of an evaluative treatment, educational, or training procedure, and they freely acknowledge that clients, students, or participants in research have freedom of choice with regard to participation.

a. Psychologists are continually cognizant of their own needs and of their potentially influential position vis-a-vis persons such as clients, students, and subordinates. They avoid exploiting the trust and dependency of such persons. Psychologists make every effort to avoid dual relationships that could impair their professional judgment or increase the risk of exploitation. Examples of such dual relationships include, but are not limited to, research with and treatment of employees, students, supervisees, close friends, or relatives. Sexual intimacies with clients are unethical.

b. When a psychologist agrees to provide services to a client at the request of a third party, the psychologist assumes the responsibility of clarifying the nature of the relationships to all parties concerned.

c. Where the demands of an organization require psychologists to violate these Ethical Principles, psychologists clarify the nature of the conflict between the demands and these principles. They inform all parties of psychologists' ethical responsibilities and take appropriate action.

d. Psychologists make advance financial arrangements that safeguard the best interests of and are clearly understood by their clients. They contribute a portion of their services to work for which they receive little or no financial return.

e. Psychologists terminate a clinical or consulting relationship when it is reasonably clear that the consumer is not benefiting from it. They offer to help the consumer locate alternative sources of assistance.

PRINCIPLE 7: PROFESSIONAL RELATIONSHIPS

Psychologists act with due regard for the needs, special competencies, and obligations of their colleagues in psychology and other professions. They respect the prerogatives and obligations of the institutions or organizations with which these other colleagues are associated.

a. Psychologists understand the areas of competence of related professions. They make full use of all the professional, technical, and administrative resources that serve the best interests of consumers. The absence of formal relationships with other professional workers does not relieve psychologists of the responsibility of securing for their clients the best possible professional service, nor does it relieve them of the obligation to exercise foresight, diligence, and tact in obtaining the complementary or alternative assistance needed by clients.

b. Psychologists know and take into account the traditions and practices of other professional groups with whom they work and cooperate fully with such groups. If a psychologist is contacted by a person who is already receiving similar services from another professional, the psychologist carefully considers that professional relationship and proceeds with caution and sensitivity to the therapeutic issues as well as the client's welfare. The psychologist discusses these issues with the client so as to minimize the risk of confusion and conflict.

c. Psychologists who employ or supervise other professionals or professionals in training accept the obligation to facilitate the further the professional development of these individuals. They provide appropriate working conditions, timely evaluations, constructive consultation, and experience opportunities.

d. Psychologists do not exploit their professional relationships with clients, supervisees, students, employees, or research participants sexually or otherwise. Psychologists do not condone or engage in sexual harassment. Sexual harassment is defined as deliberate or repeated comments, gestures, or physical contacts of a sexual nature that are unwanted by the recipient.

e. In conducting research in institutions or organizations, psychologists secure appropriate authorization to conduct such research. They are aware of their obligations to future research workers and ensure that host institutions receive adequate information about the research and proper acknowledgment of their contributions.

f. Publication credit is assigned to those who have contributed to a publication in proportion to their professional contributions. Major contributions of a professional character made by several persons to a common project are recognized by joint authorship, with the individual who made the principal contribution listed first. Minor contributions of a professional character and extensive clerical or similar nonprofessional assistance may be acknowledged in footnotes or in an introductory statement. Acknowledgment through specific citations is made for unpublished as well as published material that has directly influenced the research or writing. Psychologists who compile and edit material of others for publication publish the material in the name of the originating group, if appropriate, with their own name appearing as chairperson or editor. All contributors are to be acknowledged and named.

g. When psychologists know of an ethical violation by another psychologist, and it seems appropriate, they informally attempt to resolve the issue by bringing the behavior to the attention of the psychologist. If the misconduct is of a minor nature and/or appears to be due to lack of sensitivity, knowledge, or experience, such an informal solution is usually appropriate. Such informal corrective efforts are made with sensitivity to any rights to confidentiality involved. If the violation does not seem amenable to an informal solution, or is of a more serious nature, psychologists bring it to the attention of the Board of Examiners in Psychology.

PRINCIPLE 8: ASSESSMENT TECHNIQUES

In the development, publication, and utilization of psychological assessment techniques, psychologists make every effort to promote the welfare and best interests of the client. They guard against the misuse of assessment results. They respect the client's right to know the results, the interpretations made, and the bases for their conclusions and recommendations. Psychologists make every effort to maintain the security of tests and other assessment techniques within limits of legal mandates. They strive to ensure the appropriate use of assessment techniques by others.

a. In using assessment techniques, psychologists respect the right of clients to have full explanations of the nature and purpose of the techniques in language the clients can understand, unless an explicit exception to this right has been agreed upon in advance. When the explanations are to be provided by others, psychologists establish procedures for ensuring the adequacy of these explanations.

b. Psychologists responsible for the development and standardization of psychological tests and other assessment techniques utilize established scientific procedures and observe relevant professional standards.

c. In reporting assessment results, psychologists indicate any reservations that exist regarding validity or reliability because of the circumstances of the assessment or the inappropriateness of the norms for the person tested. Psychologists strive to ensure that the results of assessments and their interpretations are not misused by others.

d. Psychologists recognize that assessment results may become obsolete. They make every effort to avoid and prevent the misuse of obsolete measures.

e. Psychologists offering scoring and interpretation services are able to produce appropriate evidence for the validity of the programs and procedures used in arriving at interpretations. The public offering of an automated interpretation service is considered a professional-to-professional consultation. Psychologists make every effort to avoid misuse of assessment reports.

f. Psychologists do not encourage or promote the use of psychological assessment techniques by inappropriately trained or otherwise unqualified persons through teaching, sponsorship, or supervision.

PRINCIPLE 9: RESEARCH WITH HUMAN PARTICIPANTS

The decision to undertake research rests upon a considered judgment by the individual psychologist about how best to contribute to psychological science and human welfare. Having made the decision to conduct research, the psychologist considers alternative directions in which research energies and resources might be invested. On the basis of this consideration, the psychologist carries out the investigation with respect and concern for the dignity and welfare of the people who participate and with cognizance of federal and state regulations and professional standards governing the conduct of research with human participants.

a. In planning a study, the investigator has the responsibility to make a careful evaluation of its ethical acceptability. To the extent that the weighing of scientific and human values suggests a compromise of any principle, the investigator incurs a correspondingly serious obligation to seek ethical advice and to observe stringent safeguards to protect the rights of human participants.

b. Considering whether a participant in a planned study will be a "subject at risk" or a "subject at minimal risk," according to recognized standards, is of primary ethical concern to the investigator.

c. The investigator always retains the responsibility for ensuring ethical practice in research. The investigator is also responsible for the ethical treatment of research participants by collaborators, assistants, students, and employees, all of whom, however, incur similar obligations.

d. Except in minimal-risk research, the investigator establishes a clear and fair agreement with research participants, prior to their participation, that clarifies the obligations and responsibilities of each. The investigator has the obligation to honor all promises and commitments included in that agreement. The investigator informs the participants of all aspects of the research that might reasonably be expected to influence willingness to participate and explains all other aspects of the research about which the participants inquire. Failure to make full disclosure prior to obtaining informed consent requires additional safeguards to protect the welfare and dignity of the research participants. Research with children or with participants who have impairments that would limit understanding and/or communication requires special safeguarding procedures.

e. Methodological requirements of a study may make the use of concealment or deception necessary. Before conducting such a study, the investigator has a special responsibility to (i) determine whether the use of such techniques is justified by the study's prospective scientific, educational, or applied value; (ii) determine whether alternative procedures are available that do not use concealment or deception; and (iii) ensure that the participants are provided with sufficient explanation as soon as possible.

f. The investigator respects the individual's freedom to decline to participate in or to withdraw from the research at any time. The obligation to protect this freedom requires careful thought and consideration when the investigator is in a position of authority or influence over the participant. Such positions of authority include, but are not limited to, situations in which research participation is required as part of employment or in which the participant is a student, client, or employee of the investigator.

g. The investigator protects the participant from physical and mental discomfort, harm and danger that may arise from research procedures. If risks of such consequences exist, the investigator informs the participant of that fact. Research procedures likely to cause serious or lasting harm to a participant are not used unless the failure to use these procedures might expose the participant to risk of greater harm, or unless the research has great potential benefit and fully informed and voluntary consent is obtained from each participant. The participant should be informed of procedures for contacting the investigator within a reasonable time period following participation should stress, potential harm, or related questions or concerns arise.

h. After data are collected, the investigator provides the participant with information about the nature of the study and attempts to remove any misconceptions that may have arisen. Where scientific or humane values justify delaying or withholding this information, the investigator incurs a special responsibility to monitor the research and to ensure that there are no damaging consequences for the participant.

i. Where research procedures result in undesirable consequences for the individual participant, the investigator has the responsibility to detect and remove or correct these consequences, including long-term effects.

j. Information obtained about a research participant during the course of an investigation is confidential unless otherwise agreed upon in advance. When the possibility exists that others may obtain access to such information, this possibility, together with the plans for protecting confidentiality, is explained to the participant as part of the procedure for obtaining informed consent.

PRINCIPLE 10: CARE AND USE OF ANIMALS

An investigator of animal behavior strives to advance understanding of basic behavioral principles and/or to contribute to the improvement of human health and welfare. In seeking these ends, the investigator ensures the welfare of animals and treats them humanely. Laws and regulations notwithstanding, an animal's immediate protection depends upon the scientist's own conscience.

a. The acquisition, care, use, and disposal of all animals are in compliance with current federal, state or provincial, and local laws and regulations.

b. A psychologist trained in research methods and experienced in the care of laboratory animals closely supervises all procedures involving animals and is responsible for ensuring appropriate consideration of their comfort, health, and humane treatment.

c. Psychologists ensure that all individuals using animals under their supervision have received explicit instruction in experimental methods and in the care, maintenance, and handling of the species being used. Responsibilities and activities of individuals participating in a research project are consistent with their respective competencies.

d. Psychologists make every effort to minimize discomfort, illness, and pain of animals. A procedure subjecting animals to pain, stress, or privation is used only when an alternative procedure is unavailable and the goal is justified by its prospective scientific, educational, or applied value. Surgical procedures are performed under appropriate anesthesia; techniques to avoid infection and minimize pain are followed during and after surgery.

e. When it is appropriate that the animal's life be terminated, it is done rapidly and painlessly.

HISTORY: Added by State Register Volume 15, Issue No. 6, eff June 28, 1991.




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