511 IAC 19 — ARTICLE 19. ENDORSEMENT OF SCHOOL PSYCHOLOGISTS AS INDEPENDENT PRACTICE SCHOOL PSYCHOLOGISTS

TITLE 511 INDIANA STATE BOARD OF EDUCATION

ARTICLE 19. ENDORSEMENT OF SCHOOL PSYCHOLOGISTS AS INDEPENDENT PRACTICE SCHOOL PSYCHOLOGISTS

Rule 1

511 IAC 19-1-1 511 IAC 19-1-1 Purpose

Rule 1. General Provisions

511 IAC 19-1-1 Purpose

Authority: IC 20-28-2-6; IC 20-28-12

Affected: IC 20-28-12

Sec. 1. The purpose of this article is to:

(1) establish procedures for the board to follow in the endorsement of school psychologists as independent practice school psychologists; and

(2) provide criteria for exemptions from endorsement requirements.

(Indiana State Board of Education; 511 IAC 19-1-1; filed Nov 18, 2014, 3:51 p.m.: 20141217-IR-511130399FRA; readopted filed Dec 1, 2020, 1:48 p.m.: 20201230-IR-511200548RFA)

511 IAC 19-1-2 511 IAC 19-1-2 Applicability

511 IAC 19-1-2 Applicability

Authority: IC 20-28-2-6; IC 20-28-12

Affected: IC 25-33

Sec. 2. (a) In order to:

(1) practice school psychology; and

(2) receive an endorsement as an independent practice school psychologist;

a school psychologist must comply with the requirements of this article.

(b) This article does not apply to a psychologist who is licensed under IC 25-33.

(Indiana State Board of Education; 511 IAC 19-1-2; filed Nov 18, 2014, 3:51 p.m.: 20141217-IR-511130399FRA; readopted filed Dec 1, 2020, 1:48 p.m.: 20201230-IR-511200548RFA)

511 IAC 19-1-3 511 IAC 19-1-3 Definitions

511 IAC 19-1-3 Definitions

Authority: IC 20-28-2-6; IC 20-28-12

Affected: IC 20-28-1-11

Sec. 3. The following definitions apply throughout this article:

(1) "Developmental center" means any facility that offers developmentally appropriate psychological, educational, social, adaptive, language, or motor skills training or psychoeducational and multidisciplinary diagnostic services to special needs children or developmentally disabled adults.

(2) "Rehabilitation center" means:

(A) a state or privately owned and accredited institution, hospital, or facility offering diagnostic, rehabilitative, or rehabilitative services to children or adults who are cognitively impaired, developmentally delayed, head injured, or learning disabled that is located in Indiana or supported by a hospital located in Indiana and accredited by the joint commission on accreditation of healthcare organizations (JCAHO);

(B) a penal or correctional facility operated by the department of correction;

(C) an institution operated by the Indiana state department of health under IC 16-19-6 [IC 16-19-6 was repealed by P.L.143-2022, SECTION 35, effective July 1, 2022.] ; or

(D) a private facility offering vocational or diagnostic services to the cognitive disability, developmentally delayed, brain injured, or physically handicapped that is accredited by the council on accreditation of rehabilitation facilities (CARF), JCAHO, or certified by the state.

(3) "School psychology" has the meaning set forth in IC 20-28-1-11.

(Indiana State Board of Education; 511 IAC 19-1-3; filed Nov 18, 2014, 3:51 p.m.: 20141217-IR-511130399FRA; readopted filed Dec 1, 2020, 1:48 p.m.: 20201230-IR-511200548RFA)

511 IAC 19-1-4 511 IAC 19-1-4 Criteria for endorsement of independent practice school psychologists

511 IAC 19-1-4 Criteria for endorsement of independent practice school psychologists

Authority: IC 20-28-2-6; IC 20-28-12

Affected: IC 20-28-2; IC 25-22.5; IC 25-33

Sec. 4. An individual who applies for an endorsement as an independent practice school psychologist must meet the following requirements:

(1) Be licensed as a school psychologist by the department.

(2) Be employed by a:

(A) developmental center;

(B) state hospital;

(C) public or private hospital;

(D) mental health center;

(E) rehabilitation center;

(F) private school; or

(G) public school;

at least thirty (30) hours per week during the contract period unless the individual is retired from full-time or part-time employment as a school psychologist or the individual has a medical condition or physical disability that restricts the mobility required for employment in a school setting.

(3) Furnish satisfactory evidence to the board that the applicant has received at least a sixty (60) semester hour master's or specialist degree in school psychology from:

(A) a recognized institution of higher learning; or

(B) an educational institution not located in the United States that has a program of study that meets the standards of the board.

(4) Furnish satisfactory evidence to the board that the applicant has demonstrated graduate level competency through the successful completion of course work and a practicum in the areas of assessment and counseling.

(5) Furnish satisfactory evidence to the board that the applicant has at least one thousand two hundred (1,200) hours of school psychology experience beyond the master's degree level. At least six hundred (600) hours must be in a school setting under the supervision of any of the following:

(A) A physician licensed under IC 25-22.5.

(B) A psychologist licensed under IC 25-33.

(C) A school psychologist licensed under IC 20-28-2.

(6) Furnish satisfactory evidence to the board that the applicant has completed, in addition to the requirements in subdivision (5), at least four hundred (400) hours of supervised experience in identification and referral of mental and behavioral disorders, including at least one (1) hour each week of direct personal supervision by a:

(A) physician licensed under IC 25-22.5;

(B) psychologist licensed under IC 25-33; or

(C) school psychologist endorsed under this article;

with at least ten (10) hours of direct personal supervision.

(7) Furnish satisfactory evidence to the board that the applicant has completed, in addition to the requirements of subdivisions (5) and (6), fifty-two (52) hours of supervision with a physician licensed under IC 25-22.5, a psychologist licensed under IC 25-33, or a school psychologist endorsed under this article that meets the following requirements:

(A) The fifty-two (52) hours must be completed within at least twenty-four (24) consecutive months but not less than twelve (12) months.

(B) Not more than one (1) hour of supervision may be included in the total for each week.

(C) At least nine hundred (900) hours of direct client contact must take place during the total period under clause (A).

(8) Furnish satisfactory evidence to the department that the applicant does not have a conviction for a crime that has a direct bearing on the applicant's ability to practice competently.

(9) Furnish satisfactory evidence to the department that the applicant has not been the subject of a disciplinary action by a licensing or certification agency of any jurisdiction on the grounds that the applicant was not able to practice as a school psychologist without endangering the public.

(10) Pass the examination provided by the department.

(Indiana State Board of Education; 511 IAC 19-1-4; filed Nov 18, 2014, 3:51 p.m.: 20141217-IR-511130399FRA; readopted filed Dec 1, 2020, 1:48 p.m.: 20201230-IR-511200548RFA)

511 IAC 19-1-5 511 IAC 19-1-5 Provision of services on private basis

511 IAC 19-1-5 Provision of services on private basis

Authority: IC 20-28-2-6; IC 20-28-12

Affected: IC 25-22.5; IC 25-33-1

Sec. 5. (a) A school psychologist who is not employed or excused from employment as described in section 4(2) of this rule shall not provide services on a private basis to a person unless the school psychologist receives a referral from one (1) of the following:

(1) A developmental center.

(2) A public school or private school.

(3) A physician licensed under IC 25-22.5.

(4) A health service professional in psychology licensed under IC 25-33-1.

(b) A school psychologist who is endorsed under this article shall not provide services on a private basis to a student:

(1) who attends a school (including a nonpublic school) to which the school psychologist is assigned; or

(2) whom the school psychologist would normally be expected to serve.

(Indiana State Board of Education; 511 IAC 19-1-5; filed Nov 18, 2014, 3:51 p.m.: 20141217-IR-511130399FRA; readopted filed Dec 1, 2020, 1:48 p.m.: 20201230-IR-511200548RFA)

511 IAC 19-1-6 511 IAC 19-1-6 Disclosure of information

511 IAC 19-1-6 Disclosure of information

Authority: IC 20-28-2-6; IC 20-28-12

Affected: IC 20-28-12

Sec. 6. A school psychologist who is endorsed under this article may not disclose any information acquired from persons with whom the school psychologist has dealt in a professional capacity, except under the following circumstances:

(1) Trials for homicide when the disclosure related directly to the fact or immediate circumstances of the homicide.

(2) Proceedings:

(A) to determine mental competency; or

(B) in which a defense of mental incompetency is raised.

(3) Civil or criminal actions against a school psychologist for malpractice.

(4) Upon an issue as to the validity of a document.

(5) If the school psychologist has the expressed consent of the client or, in the case of a client's death or disability, the express consent of the client's legal representative.

(6) Circumstances under which privileged communication is lawfully invalidated.

(Indiana State Board of Education; 511 IAC 19-1-6; filed Nov 18, 2014, 3:51 p.m.: 20141217-IR-511130399FRA; readopted filed Dec 1, 2020, 1:48 p.m.: 20201230-IR-511200548RFA)

Rule 2

511 IAC 19-2-1 511 IAC 19-2-1 Criteria for exemption of school psychologists from endorsement

Rule 2. Exemptions from Endorsement

511 IAC 19-2-1 Criteria for exemption of school psychologists from endorsement

Authority: IC 20-28-2-6; IC 20-28-12

Affected: IC 25-22.5; IC 25-33-1

Sec. 1. (a) The state board of education shall exempt an individual from the endorsement requirements of this article if the individual:

(1) is employed by a:

(A) developmental center;

(B) state hospital;

(C) public or private hospital;

(D) mental health center;

(E) rehabilitation center;

(F) private school; or

(G) public school;

at least thirty (30) hours per week during the contract period; and

(2) furnishes satisfactory evidence to the board that the applicant:

(A) has received at least sixty (60) semester hours of graduate level course work in a school psychology program;

(B) has at least one thousand (1,000) supervised hours of school psychology;

(C) does not have a conviction for a crime that has a direct bearing on the applicant's ability to practice competently;

(D) has not been the subject of a disciplinary action by a licensing or certification agency of another jurisdiction on the grounds that the applicant was not able to practice as a school psychologist without endangering the public; and

(E) has at least five (5) years of experience as a school psychologist within the ten (10) years preceding the date of application.

(b) Subsection (a)(2) does not apply to a school psychologist who:

(1) is retired from full-time or part-time employment as a school psychologist; or

(2) has a:

(A) medical condition; or

(B) physical disability;

that restricts the mobility required for employment in a school setting.

(c) A school psychologist who is not excused from employment as described in subsection (b) or is not employed as described in subsection (a)(2) shall not provide services on a private basis to a person unless the school psychologist receives a referral from one (1) of the following:

(1) A developmental center.

(2) A public school or private school.

(3) A physician licensed under IC 25-22.5.

(4) A health service professional in psychology licensed under IC 25-33-1.

(Indiana State Board of Education; 511 IAC 19-2-1; filed Nov 18, 2014, 3:51 p.m.: 20141217-IR-511130399FRA; readopted filed Dec 1, 2020, 1:48 p.m.: 20201230-IR-511200548RFA)