Ohio Adm.Code 4732 | Ohio Administrative Code 4732 — State Board of Psychology

Chapter 4732-1 General Provisions

Ohio Adm.Code 4732-1-01 Board meetings; miscellaneous forms of public notice.

(A) Any person, including any representative of the news media, may ascertain the time and place of any individual regularly scheduled meeting, as well as the time, place and purpose of any individual special meeting, except in the event of an emergency requiring immediate official action, by:

(1) Sending an email to the board office addressed to psy.dir@psy.ohio.gov to request placement on an email contact list for advance notification of all meetings. Failure to keep a person's email address updated shall relieve the board of any obligation under this rule, as to advance notice of any type of meeting.

(2) Consulting the website of the state board of psychology www.psychology.ohio.gov or by mailing or calling the office of the state board of psychology (present telephone number being (614) 466-8808) during normal business hours, which are from eight a.m. to four-thirty p.m., Monday through Friday, legal holidays excepted. No collect calls will be accepted under any circumstances. The present address is "State Board of Psychology, 77 South High Street - 18th Floor, Columbus, Ohio 43215-6108."

(3) Consulting a binder located in the offices of the board, presently in the "Vern Riffe Center for Government and the Arts, 77 South High Street - 18th Floor, Columbus, Ohio," during normal business hours, which are from eight a.m. to four-thirty p.m., Monday through Friday, legal holidays excepted.

(4) In the event of a special meeting of an emergency nature, the state board of psychology shall immediately notify by email all persons on the email contact list referenced in paragraph (A)(1) of this rule.

(B) The unapproved minutes of a regularly scheduled or special meeting shall be recorded and open to public inspection in the manner provided for in paragraphs (A)(2) and (A)(3) of this rule, within ten business days after their completion. Within ten business days after their approval by the board, the approved minutes of a regularly scheduled or special meeting shall be substituted for the unapproved minutes, and the approved minutes shall be open for public inspection in the manner provided for in paragraphs (A)(2) and (A)(3) of this rule.

Last updated September 5, 2024 at 3:31 PM

History

Effective: June 8, 2015
Promulgated Under: 119.03

Ohio Adm.Code 4732-1-02 Application for licensure.

(A) All applicants for licensure as a psychologist, independent school psychologist, or school psychologist shall file with the executive director of the board a written application, under oath, in a format prescribed by the board and accompanied by the appropriate fee.

(B) All applications for a license to practice psychology, independent school psychology, or school psychology shall include verification from the "Association of State and Provincial Psychology Boards (ASPPB)" that the applicant holds a current, valid certificate of professional qualification in psychology (CPQ) or a verification letter from the "National Register of Health Service Providers in Psychology" that the person holds a current, valid credential as a health service provider; or

(1) The grade transcript, bearing official seal, sent directly to the board office by each graduate university or college attended by the applicant; and

(2) Statements, under oath, from those persons who have supervised the applicant's professional work experience in psychology or school psychology. Said statements shall set forth the supervisor's own qualifications, familiarity with the applicant, the extent of the supervision over such applicant, the inclusive dates and number of hours of work supervised, the number of individual and group supervision hours weekly, and an evaluation of the applicant.

(a) In the case of a licensed school psychologist who is working toward admission to the examination for an independent school psychologist license under division (C) of section 4732.10 of the Revised Code and who is employed by a board of education or by a private school meeting standards prescribed by the state board of education under division (D) of section 3301.07 of the Revised Code, verification of the term of employment of said school psychologist shall be in the form of a statement from the superintendent or other similar official.

(b) In the case of an applicant who is licensed or certified as a psychologist or as a school psychologist by the licensing department of another state, a territory, or the District of Columbia or who holds a diploma issued by the "American Board of Professional Psychology," such statement may be waived if the licensing requirement of the other jurisdiction or the psychology work history of the applicant indicates completion of two years of appropriately supervised experience, including at least one year of postdoctoral experience, prior to original licensure.

(C) The application for licensure shall be deemed to lapse if the applicant has not successfully completed all requirements for licensure within three years after initial filing. Thereafter, a new application shall be necessary for a candidate to pursue licensure.

Last updated January 2, 2025 at 9:09 AM

History

Effective: January 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4732-1-03 Fees.

Fees provided for throughout Chapter 4732. of the Revised Code shall be established by the board in the amounts not to exceed the maximum allowable pursuant to section 4732.26 of the Revised Code. Current fees on the effective date of this rule are subject to change by action of the board, the controlling board, and/or the general assembly. Information about fees may be obtained by making inquiry by email or telephone call to the board office. Such fees, which are payable by credit card in the board's online license management portal, include:

(A) Application and license fee - three hundred dollars;

(B) Biennial registration (renewal) fee assessed to psychologists and independent school psychologists - three hundred fifty dollars beginning July 1, 2014 and three hundred sixty dollars beginning July 1, 2016 through June 30, 2020, and three hundred sixty-five dollars beginning July 1, 2020 and thereafter, with the option of the fee being waived according to rule 4732-1-06 of the Administrative Code;

(D) Fee for reinstatement of a license - biennial registration fee as in paragraph (B) of this rule, plus a penalty fee of two hundred fifty dollars;

(E) Fee for retaking any examination administered by the board - fifty dollars;

(F) Fee for nonresident psychologist application to practice for no more than thirty days per year - one hundred fifty dollars.

Last updated January 2, 2025 at 9:09 AM

History

Effective: January 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4732-1-06

(A) Each psychologist and independent school psychologist shall register with the board on a biennial basis pursuant to section 4732.14 of the Revised Code, including the continuing education (CE) information required by section 4732.141 of the Revised Code and rule 4732-2-01 of the Administrative Code (CE requirements). Registration shall be in a format and manner prescribed by the board and shall include information deemed necessary by the board, including the licensee's area(s) of psychological competence and compliance with legal or ethical regulations. Notice of the registration process and instructions will be mailed to the last known address of each licensee. Failure to register and pay the biennial registration fee by the thirtieth day of September of each even-numbered year after the year of licensure will result in automatic suspension of the license unless the board has excused, in writing, a licensee from all or any part of the CE requirements pursuant to division (F) of section 4732.141 of the Revised Code and paragraph (C)(9) of rule 4732-2-01 of the Administrative Code.

(B) Each licensed school psychologist shall register with the board on a quinquennial basis pursuant to division (D) of section 4732.14 of the Revised Code, including the continuing education (CE) information required by section 4732.141 of the Revised Code and rule 4732-2-01 of the Administrative Code. Registration shall be in a format and manner prescribed by the board and shall include information deemed necessary by the board, including the licensee's compliance with legal or ethical regulations. Notice of the registration process and instructions will be mailed to the last known address of each licensee. Failure to register and pay the quinquennial registration fee by the thirtieth day of September of each year that ends with a zero or a five will result in expiration of the license unless the board has excused, in writing, a licensee from all or any part of the CE requirements pursuant to division (F) of section 4732.141 of the Revised Code and paragraph (C)(9) of rule 4732-2-01 of the Administrative Code. To reduce regulatory burden on licensed school psychologists, the board hereby waives the CE requirement for all licensed school psychologists during the first license registration period following transition of school psychologist licensure from the Ohio department of education and workforce to the board (deadline September 30, 2025).

(C) The board hereby waives the registration fee and CE requirements of a license holder during such time as said licensee is on active duty in the armed forces of the United States, provided the registration form is completed and exemption from the fee and CE requirements is requested and approved by the board.

(D) The board hereby waives the CE requirements of a license holder who chooses to place the license into retired status pursuant to section 4732.142 of the Revised Code.

(E) Any psychologist or independent school psychologist license that expires pursuant to section 4732.14 of the Revised Code may be reinstated by the board within five years after such expiration, on request of the expired license holder. Absent any grounds for denial as set forth in section 4732.17 of the Revised Code, and pursuant to section 4732.18 of the Revised Code, such reinstatement:

(1) Shall be automatic if requested within one year, upon immediate payment of the biennial registration fee plus the penalty fee in effect at the time of the request and:

(a) Upon receipt in the board office of a certified record from the Ohio psychological association or the Ohio school psychologists association of having completed the CE requirements that were in effect at the time of the most recent license renewal deadline; or

(b) Without such evidence if the fees and/or CE requirements are waived or excused, in writing, pursuant to section 4732.14 and/or division (F) of section 4732.141 of the Revised Code; or

(2) After one year following the expiration of a psychologist or independent school psychologist license the board shall require:

(a) Payment of the biennial registration fee in effect at the time of the request for reinstatement plus the penalty fee, unless the board waives the fees pursuant to section 4732.14 of the Revised Code, with no part of these fees being refundable regardless of the outcome of the request for reinstatement; and

(b) Approval by the board of the individual's statement, under oath, describing his/her psychological activities after the date that the licensed expired pursuant to section 4732.14 of the Revised Code; and

(c) Acceptance by the board of evidence of having completed, either during the previous two years or during the biennium, the CE requirements that were in effect for the biennium prior to the last regular license renewal anniversary unless the board excuses, in writing, the licensee from all or any part of the CE requirements pursuant to section 4732.14 or division (F) of section 4732.141 of the Revised Code and paragraph (C)(9) of rule 4732-2-01 of the Administrative Code; and

(d) If deemed necessary by the board to determine the current competency of the applicant, passing an examination administered under the direction of the board and described in section 4732.11 of the Revised Code.

(F) Any licensed school psychologist license that expires pursuant to section 4732.14 of the Revised Code may be reinstated by the board within five years after such expiration, on request of the expired license holder. Absent any grounds for denial as set forth in section 4732.17 of the Revised Code, and pursuant to section 4732.18 of the Revised Code, such reinstatement:

(1) Shall be granted upon immediate payment of the quinquennial registration fee plus the penalty fee in effect at the time of the request and:

(a) Upon receipt in the board office of a certified record from the Ohio school psychologists association of having completed the CE requirements that were in effect at the time of the most recent license renewal deadline; or

(b) Without such evidence if the fees and/or CE requirements are waived or excused, in writing, pursuant to section 4732.14 and/or division (F) of section 4732.141 of the Revised Code.

(G) Any psychologist or independent school psychologist license that is placed into retired status pursuant to section 4732.142 of the Revised Code may be reinstated by the board within five years after the license is placed into retired status, without penalty, on request of the "psychologist-retired," or "independent school psychologist-retired." Absent any grounds for denial as set forth in section 4732.17 of the Revised Code, such reinstatement:

(1) Shall be automatic if requested within one year, upon immediate payment of the biennial registration fee in effect at the time of the request and:

(b) Without such evidence if the fees and/or CE requirements are waived or excused, in writing, pursuant to section 4732.14 and/or division (F) of section 4732.141 of the Revised Code; or

(2) After one year following placement of the license into retired status the board shall require:

(a) Payment of the biennial registration fee in effect at the time of the request for reinstatement unless the board waives the fees pursuant to section 4732.14 of the Revised Code, with no part of these fees being refundable regardless of the outcome of the request for reinstatement; and

(b) Approval by the board of the individual's statement, under oath, describing his/her psychological activities after the date that the license was placed into retired status pursuant to section 4732.142 of the Revised Code; and

(c) Acceptance by the board of evidence of having completed, either during the previous two years or during the biennium, the CE requirements that were in effect for the last regular license renewal deadline unless the board excuses, in writing, the licensee from all or any part of the CE requirements pursuant to section 4732.14 or division (F) of section 4732.141 of the Revised Code and paragraph (C)(9) of rule 4732-2-01 of the Administrative Code; and

(d) If deemed necessary by the board to determine the current competency of the applicant, passing an oral examination administered under the direction of the board and described in section 4732.11 of the Revised Code.

(H) Any licensed school psychologist license that is placed into retired status, pursuant to section 4732.142 of the Revised Code, may be reinstated by the board within five years after the license is placed into retired status, without penalty, on request of the "licensed school psychologist-retired." Absent any grounds for denial as set forth in section 4732.17 of the Revised Code, such reinstatement:

(1) Shall be granted upon immediate payment of the biennial registration fee in effect at the time of the request and:

(b) Without such evidence if the fees and/or CE requirements are waived or excused, in writing, pursuant to section 4732.14 and/or division (F) of section 4732.141 of the Revised Code.

Last updated January 2, 2025 at 9:10 AM

History

Effective: January 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4732-1-04 Entrance examiner.

The entrance examiner appointed by the board pursuant to division (A) of section 4732.10 of the Revised Code shall determine whether an applicant meets the requirements of the applicable division of section 4732.10 or division (A)(2) of section 4732.22 of the Revised Code. If the entrance examiner determines that an applicant does not meet the requirements, the examiner shall propose to deny the application.

Last updated September 5, 2024 at 3:31 PM

History

Effective: September 7, 2015
Promulgated Under: 119.03

Ohio Adm.Code 4732-1-05 License certificate and card.

Each person licensed by the board shall display his/her license certificate and verification of active licensure at his/her principal place of professional practice of psychology or school psychology.

Last updated September 5, 2024 at 3:31 PM

History

Effective: June 8, 2015
Promulgated Under: 119.03

Ohio Adm.Code 4732-2-01

(A) Scope. Every license holder subject to continuing education (CE) requirements as set forth in section 4732.141 of the Revised Code shall meet the requirements of that section.

(B) Responsibilities:

(1) In accordance with the requirements of sections 4732.14 and 4732.141 of the Revised Code, it shall be the responsibility of each psychologist and independent school psychologist submitting a biennial registration of license, and each licensed school psychologist submitting a quinquennial registration to certify to the board that the continuing education experience required for license renewal has been obtained. In accordance with division (B)(2) of section 4732.141 of the Revised Code, the board shall accept as evidence of completion of continuing education requirements only documentation of fulfillment of those requirements from the "Ohio Psychological Association" or the "Ohio School Psychologists Association." Each licensee shall maintain CE records for three years in accordance with division (E) of section 4732.141 of the Revised Code.

(2) In accordance with division (C) of section 4732.141 of the Revised Code, each license holder shall be given a sufficient choice of continuing education acceptable to the board to ensure that each person has had a reasonable opportunity to participate in continuing education that is relevant to that person's practice in terms of subject matter and level.

(1) Notwithstanding school district-based professional development activities of licensed school psychologists allowed under paragraph (D) of this rule, hours to be applied toward the CE requirements shall represent actual time spent in continuing education that meets the requirements set forth in this rule.

(2) Any license holder shall be given credit, as defined in rule 4732-3-01 of the Administrative Code, for participation in any CE program or course that is not specifically disapproved by the board as provided for under paragraph (C)(5) of this rule and that is designated as acceptable by a relevant accrediting authority as specified in division (B)(1) of section 4732.141 of the Revised Code as meeting the following criteria:

(a) The program or course is presented within an organizational structure that assures accountable administrative control, accurate record of course participation/attendance, and professional responsibility for course design and implementation;

(b) The specific program or course is relevant to the practice of psychology in terms of subject matter and level, as required by division (C) of section 4732.141 of the Revised Code;

(c) In accordance with division (B) of section 4745.04 of the Revised Code, up to one-third of the biennial CE requirements may be completed by providing volunteer services to indigent and uninsured persons. To qualify under this rule, volunteer services shall:

(i) Be provided at a free clinic or other non-profit organization that offers health care services based on eligibility screenings identifying the client as an "indigent and uninsured person" as that term is defined in division (A)(7) of section 2305.234 of the Revised Code;

(ii) Be documented in writing in the form of a certificate or a written statement on letterhead from an administrative official at the organization where services were rendered, specifying at a minimum the license holder's name, license number, date(s) of qualifying volunteer services, and number of hours of services;

(iii) Not be credited for license holders in a paid position at the organization at which the services are rendered;

(iv) Be psychological or school psychological services provided in compliance with the professional conduct requirements specified in rule 4732-17-01 of Administrative Code;

(v) Be credited as one hour of CE for each sixty minutes spent providing services as a volunteer, not to exceed seven hours of the total biennial CE requirement; and

(vi) Not count toward the requirements of division (A)(1) of section 4732.141 of the Revised Code to complete four hours of CE in professional conduct, ethics, and/or the role of culture, ethnic identity, or both in the provision of psychological assessment, consultation, or psychological interventions, or a combination thereof.

(d) Completion of the program or course or verification of qualifying volunteer services provided under paragraph (C)(2)(c) of this rule is registered with the "Ohio Psychological Association" or the "Ohio School Psychologists Association," in accordance with division (B)(2) of section 4732.141 of the Revised Code and with the implementational procedures that shall be negotiated annually between the board and the "Ohio Psychological Association" and the "Ohio School Psychologists Association."

(e) Documentation of volunteer services provided under paragraph (C)(2)(c) of this rule shall be registered with the "Ohio Psychological Association" or the "Ohio School Psychologists Association" in a single submission per biennium inclusive of all certificates and/or written statements verifying qualifying activities.

(3) Those hours of credits recognized by the "Ohio School Psychologists Association" and/or the "Ohio Psychological Association" as meeting the CE requirements for any school psychologist certificate or license issued by the state board of education shall also qualify for hours for renewal of licenses issued by the state board of psychology

(4) In accordance with division (B)(2) of section 4732.141 of the Revised Code, the board may audit any activities submitted in satisfaction of the CE requirements and/or monitor any program approved by any authorized approving organization for CE credit, and may disallow such credit if the board determines that the offering is not in conformance with the standards of paragraph (C)(2) of this rule.

(a) The authorized approving organization shall be notified of any continuing education determined to be unacceptable by the board, as defined by contracts with the "Ohio School Psychologists Association" and with the "Ohio Psychological Association," and shall be required to notify all registered participants of that continuing education of its unacceptability.

(b) If the board determines after March first of a license renewal year that any continuing education approved by an authorized approving organization and already completed by any licensee is unacceptable, then each license holder who has completed that continuing education and who proposes to use the hours to qualify for biennial registration shall be allowed until the end of the calendar year to complete the equivalent hours of qualifying continuing education credit. For such persons:

(i) The license shall not expire if all other requirements, including the remaining CE requirements are met by September thirtieth of a relevant renewal year and if any deficiency caused by the disqualification of the continuing education is corrected by the end of that calendar year.

(ii) Whatever hours are completed after August thirty-first of that year and are applied to correct such deficiency shall not count toward completion of CE requirements for the subsequent biennium.

(5) The board may from time to time, on its own initiative, approve continuing education. The board shall maintain a list of such approvals, on its website www.psychology.ohio.gov and shall be provided to the "Ohio Psychological Association" and the "Ohio School Psychologists Association," so that completion of such continuing education may be entered into the licensee's record of CE hours maintained by those organizations.

(6) It shall be the responsibility of the authorized approving organization to assure that all registered attendees are notified, at the time of the continuing education or as soon thereafter as any disapproval notice may be received from the board, or be in accord with the contract with the "Ohio School Psychologists Association" or the "Ohio Psychological Association," of the approval or disapproval status of the continuing education. Notwithstanding this responsibility of the authorized approving organization, it shall be the responsibility of each license holder to complete the necessary number of approved hours of CE, whether or not the license holder is correctly notified of the unacceptability of any disapproved continuing education.

(7) Failure to meet CE requirements or failure to have verification of the necessary CE hours sent to the board by August thirty-first of any relevant renewal year may result in expiration of license on September thirtieth of that year, pursuant to rule 4732-1-06 of the Administrative Code, except in a case described in paragraph (C)(5) or (C)(10) of this rule. If reinstatement is desired, such individual shall be required to submit a formal request for reinstatement of licensure.

(8) If an applicant for licensure as a psychologist or independent school psychologist is licensed during the first year of the biennial renewal period, the license holder is required to complete thirteen hours of continuing education for that biennial renewal period, including not less than four hours of continuing education in professional conduct, ethics, and/or the role of culture, ethnic identity, or both in the provision of psychological assessment, consultation, or psychological interventions, or a combination thereof. If an applicant is licensed during the first three months of the second year of the biennial renewal period, the license holder is exempt from meeting the CE requirements for that biennial period. If an applicant is licensed during the last nine months of the second year of the biennial renewal period and is, therefore, not subject to renewal that same year, he/she is required to complete twenty-three hours of CE to renew in the next renewal year.

(9) If an applicant for licensure as a licensed school psychologist is licensed during the first three years of the quinquennial renewal period, the license holder is required to renew by the next renewal deadline and shall complete twenty-eight clock hours of CE coursework described in division (A)(1)(b) of section 4732.141 of the Revised Code, or demonstrate compliance with requirements described in paragraph (D)(1)(a) of this rule, or meet an exemption described in paragraph (D)(1)(b) or (D)(1)(c) of this rule. If a licensed school psychologist applicant is licensed during the fourth year of the quinquennial renewal period, the license holder is exempt from CE requirements but is required to renew the license by the next renewal deadline. If the license holder is licensed during the final year of the quinquennial renewal period, the license is not subject to renewal at the next renewal deadline, and initial license shall be granted for six years. Evidence of CE compliance is required for subsequent renewal periods.

(10) Pursuant to division (F) of section 4732.141 of the Revised Code and on written petition by a licensee setting forth convincing and compelling reason because of an unusual circumstance, emergency, or special hardship, the board may excuse all or any part of the petitioner's CE requirements, may set conditions for excusing such requirements, and may require the licensee to make up CE requirements. Board approval of any such arrangement shall be made in writing, shall be communicated promptly to the petitioner, and shall be inserted into the petitioner's board record. The deadline for requesting the board to excuse all or any part of CE requirements is August first of the relevant renewal year.

(11) Falsification of written evidence submitted to the board or failure to respond to an audit request regarding continuing education experience shall constitute fraud, misrepresentation, and deception, as defined in paragraph (A)(2) of rule 4732-17-03 of the Administrative Code, and shall be considered grounds for disciplinary action.

(D) CE compliance options for licensed school psychologists:

(1) In lieu of completing fifty clock hours of CE coursework described in division (A)(1)(b) of section 4732.141 of the Revised Code, licensed school psychologists may demonstrate compliance with the quinquennial CE requirement by:

(a) Undertaking a prescribed program of continuing professional development through their employing school district or board of education. In such cases, the school psychologist shall complete a prescribed program to the satisfaction of the employing school's local professional development committee (LPDC). In addition to accepting CE course certificates from license holders in fulfillment of the fifty hour quinquennial CE requirement, the "Ohio School Psychologists Association" shall accept, as equivalent to fifty CE clock hours, compliance reports from LPDC's indicating that the licensed school psychologist has complied with the terms of a quinquennial professional development plan;

(b) Providing evidence to the "Ohio School Psychologists Association" that the applicant holds a valid "Nationally Certified School Psychologist" (NCSP) credential; or

(c) Providing evidence that the licensed school psychologist is exempt from the CE requirements by virtue of having held a permanent school psychologist license issued by the Ohio department of education and workforce.

Last updated January 2, 2025 at 9:10 AM

History

Effective: January 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4732-1-07 Board hearings on rules: methods of public notice.

(A) Pursuant to Chapters 119. and 103. of the Revised Code and prior to the adoption, amendment, or rescission of any rule by the state board of psychology, public notice thereof shall be given at least thirty days prior to the date set for the public hearing, by posting on the board's website www.psychology.ohio.gov, and on the register of Ohio. Such notice shall include:

(1) A statement of the board's intentions to consider adoption, amendment, or rescission of a rule;

(2) A synopsis of the proposed rule, amendment, or rescission thereof or a general statement of the subject matter to which the proposed rule relates; and

(3) The date, time and place of the public hearing on said proposed action.

(B) Any person may:

(1) View the public notice required in paragraph (A) of this rule and any rules which are under consideration as proposed, amended, and/or rescinded rules on the board's website www.psychology.ohio.gov or on the register of Ohio www.registerofohio.state.oh.us.

(2) Request a copy of such rules by email to psy.dir@psy.ohio.gov or by by mail by writing to the board address (presently "State Board of Psychology, 77 South High Street - 18^th Floor, Columbus, Ohio 43215-6108"), no later than two weeks prior to the public hearing date.

Last updated April 9, 2025 at 9:09 AM

History

Effective: June 8, 2015
Promulgated Under: 119.03

Ohio Adm.Code 4732-1-08 Personal information systems.

(A) The board shall appoint one employee to be directly responsible for each personal information system maintained by the state board of psychology. Said employee shall:

(1) Inform other employees who have any responsibility for the operation or maintenance of said system, or for the use of personal information maintained in the system, of the applicable provisions of Chapter 1347. of the Revised Code and the rules adopted thereunder; and

(2) Inform a person who is asked to supply personal information for a system whether the person is legally required to, or may refuse to, supply the information; and

(3) Assure the collection, maintenance and use of only personal information which is necessary and relevant to the functions the board is required or authorized to perform by statute, ordinance, code, or rule; and

(4) Provide a person, who is asked to supply personal information that will be placed in an interconnected or combined system, with information relevant to the system, including the identity of the other agencies or organizations that have access to the information in the system; and

(5) Allow the person who is the subject of a record in a personal information system to inspect the record pursuant to section 1347.08 of the Revised Code. Upon the request and the proper identification of the person, the employee shall:

(a) Inform the person of any personal information in the system which includes reference(s) to that person;

(b) Except as provided in divisions (C), (E)(2) and (F) of section 1347.08 of the Revised Code, permit the person, the legal guardian, or an attorney who presents a signed, written authorization made by the person to inspect all personal information in the system which includes reference(s) to that person;

(c) Inform the person about the types of uses made of the personal information, including the identity of any user usually granted access to the system;

(d) Allow a person who wishes to exercise a right provided by this paragraph to be accompanied by another individual chosen by the person;

(e) Provide, upon request, copies of any personal information the person is authorized to inspect. Reasonable charges are made for providing requested copies, with information about such charges being available by writing or calling the board office;

(6) Investigate disputes to the accuracy, relevance, timeliness or completeness of personal information pursuant to section 1347.09 of the Revised Code.

(B) The board shall reprimand in writing any employee who initiates or otherwise contributes to any disciplinary or other punitive action against any individual who brings to the attention of appropriate authorities, the press, or any member of the public, evidence of unauthorized use of information contained in the system. A copy of such reprimand shall be entered in the employee's personnel file in the board office.

(C) The board shall monitor the accuracy, relevance, timeliness, and completeness of the personal information in the system and,

(1) In accordance with procedures, maintain the personal information in the system with the accuracy, relevance, timeliness, and completeness that is necessary to assure fairness in any determination made with respect to a person on the basis of the information, eliminating information that is no longer necessary; and

(2) If a person who is the subject of personal information in a personal information system disputes the accuracy, relevance, timeliness, or completeness of the personal information and requests the board to investigate the current status of the information, the board shall:

(a) Within ninety days after receiving the request from the disputant, make a reasonable investigation to determine whether the disputed information is accurate, relevant, timely, and complete; and

(b) Notify the disputant of the results of the investigation and of the action the board plans to take with respect to the disputed information; and

(d) Permit the disputant, if not satisfied with the board's determination, to include within the system:

(i) A brief statement on the disputed information, such statement being limited to one hundred words with the board assisting the disputant to write a clear summary of the dispute; or

(ii) A notation that the disputant protests that the information is inaccurate, irrelevant, outdated, or incomplete; with the board maintaining a copy of the disputant's statement of the dispute.

(D) The board shall not place personal information into an interconnected and combined system, or use personal information that is placed into such a system by another state or local agency or another organization, unless such system will contribute to the efficiency of the involved agencies in implementing programs that are authorized by law.

(E) The board shall not use personal information placed into an interconnected or combined system by another state or local agency or another organization, unless the personal information is necessary and relevant to the performance of a lawful function of the board.

Last updated September 5, 2024 at 3:31 PM

History

Effective: October 1, 1990
Promulgated Under: 119.03

Ohio Adm.Code 4732-1-09 Definitions.

For the purposes of administrative rules promulgated in accordance with section 1347.15 of the Revised Code, the following definitions apply:

(A) "Access" as a noun means an instance of copying, viewing, or otherwise perceiving whereas "access" as a verb means to copy, view, or otherwise perceive.

(B) "Acquisition of a new computer system" means the purchase of a "computer system," as defined in this rule, that is not a computer system currently in place nor one for which the acquisition process has been initiated as of the effective date of the board rule addressing requirements in section 1347.15 of the Revised Code.

(C) "Computer system" means a "system," as defined by section 1347.01 of the Revised Code, that stores, maintains, or retrieves personal information using electronic data processing equipment.

(D) "Confidential personal information" (CPI) has the meaning as defined by division (A)(1) of section 1347.15 of the Revised Code and identified by rules promulgated by the board in accordance with division (B)(3) of section 1347.15 of the Revised Code that reference the federal or state statutes or administrative rules that make personal information maintained by the board confidential.

(E) "Board" means the state board of psychology.

(F) "Employee of the board" means each employee of the board, each member of the board appointed pursuant to section 4732.02 of the Revised code, and each member of the school psychology licensing committee appointed by the board pursuant to section 4732.11 of the Revised Code.

(G) "Incidental contact" means contact with the information that is secondary or tangential to the primary purpose of the activity that resulted in the contact.

(H) "Individual" means a natural person or the natural person's authorized representative, legal counsel, legal custodian, or legal guardian.

(I) "Information owner" means the individual appointed in accordance with division (A) of section 1347.05 of the Revised Code to be directly responsible for a system.

(J) "Person" means a natural person.

(K) "Personal information" has the same meaning as defined in division (E) of section 1347.01 of the Revised Code.

(L) "Personal information system" means a "system" that "maintains" "personal information" as those terms are defined in section 1347.01 of the Revised Code. "System" includes manual and computer systems.

(M) "Research" means a methodical investigation into a subject.

(N) "Routine" means commonplace, regular, habitual, or ordinary.

(O) "Routine information that is maintained for the purpose of internal office administration, the use of which would not adversely affect a person" as that phrase is used in division (F) of section 1347.01 of the Revised Code means personal information relating to employees and maintained by the board for internal administrative and human resource purposes.

(P) "System" has the same meaning as defined by division (F) of section 1347.01 of the Revised Code.

(Q) "Upgrade" means a substantial redesign of an existing computer system for the purpose of providing a substantial amount of new application functionality, or application modifications that would involve substantial administrative or fiscal resources to implement, but would not include maintenance, minor updates and patches, or modifications that entail a limited addition of functionality due to changes in business or legal requirements.

Last updated September 5, 2024 at 3:31 PM

History

Effective: December 6, 2010
Promulgated Under: 119.03

Ohio Adm.Code 4732-1-10 Procedures for accessing confidential personal information.

For personal information systems, whether manual or computer systems, that contain confidential personal information, the board shall do the following:

(A) Criteria for accessing confidential personal information. Personal information systems of the board are managed on a "need-to-know" basis whereby the information owner determines the level of access required for an employee of the board to fulfill his/her job duties. The determination of access to confidential personal information shall be approved by the employee's supervisor and the information owner prior to providing the employee with access to confidential personal information within a personal information system. The agency shall establish procedures for determining a revision to an employee's access to confidential personal information upon a change to that employee's job duties including, but not limited to, transfer or termination. Whenever an employee's job duties no longer require access to confidential personal information in a personal information system, the employee's access to confidential personal information shall be removed.

(B) Individual's request for a list of confidential personal information. Upon the signed written request of any individual for a list of confidential personal information about the individual maintained by the board, the board shall do all of the following:

(1) Verify the identity of the individual by a method that provides safeguards commensurate with the risk associated with the confidential personal information;

(2) Provide to the individual the list of confidential personal information that does not relate to an investigation about the individual or is otherwise not excluded from the scope of Chapter 1347. of the Revised Code; and

(3) If all information relates to an investigation about that individual, inform the individual that the board has no confidential personal information about the individual that is responsive to the individual's request.

(1) Upon discovery or notification that confidential personal information of a person has been accessed by an employee for an invalid reason, the board shall notify the person whose information was invalidly accessed as soon as practical and to the extent known at the time. However, the board shall delay notification for a period of time necessary to ensure that the notification would not delay or impede an investigation or jeopardize homeland or national security. Additionally, the board may delay the notification consistent with any measures necessary to determine the scope of the invalid access, including which individuals' confidential personal information invalidly was accessed, and to restore the reasonable integrity of the system.

"Investigation" as used in this paragraph means the investigation of the circumstances and involvement of an employee surrounding the invalid access of the confidential personal information. Once the board determines that notification would not delay or impede an investigation, the board shall disclose the access to confidential personal information made for an invalid reason to the person.

(2) Notification provided by the board shall inform the person of the type of confidential personal information accessed and the date(s) of the invalid access.

(3) Notification may be made by any method reasonably designed to accurately inform the person of the invalid access, including written, electronic, or telephone notice.

(D) Appointment of a data privacy point of contact. The board shall designate an employee of the board to serve as the data privacy point of contact. The data privacy point of contact shall work with the chief privacy officer within the office of information technology to assist the board with both the implementation of privacy protections for the confidential personal information that the board maintains and compliance with section 1347.15 of the Revised Code and the rules adopted pursuant to the authority provided by that chapter.

(E) Completion of a privacy impact assessment. The board shall designate an employee of the agency to serve as the data privacy point of contact who shall timely complete the privacy impact assessment form developed by the office of information technology.

Last updated September 5, 2024 at 3:31 PM

History

Effective: December 6, 2010
Promulgated Under: 119.03

Ohio Adm.Code 4732-1-11 Valid reasons for accessing confidential person information.

Pursuant to the requirements of division (B)(2) of section 1347.15 of the Revised Code, this rule contains a list of valid reasons, directly related to the board's exercise of its powers or duties, for which only employees of the board may access confidential personal information (CPI) regardless of whether the personal information system is a manual system or computer system:

(A) Performing the following functions constitute valid reasons for authorized employees of the board to access confidential personal information:

(1) Responding to a public records request;

(2) Responding to a request from an individual for the list of CPI the board maintains on that individual;

(3) Administering a constitutional provision or duty;

(4) Administering a statutory provision or duty;

(5) Administering an administrative rule provision or duty;

(6) Complying with any state or federal program requirements;

(7) Processing or payment of claims or otherwise administering a program with individual participants or beneficiaries;

(8) Auditing purposes;

(9) Licensure [or permit, eligibility, filing, etc.] processes;

(10) Investigation or law enforcement purposes;

(11) Administrative hearings;

(12) Litigation, complying with an order of the court, or subpoena;

(13) Human resource matters (e.g., hiring, promotion, demotion, discharge, salary/compensation issues, leave requests/issues, time card approvals/issues);

(14) Complying with an executive order or policy;

(15) Complying with a board policy or a state administrative policy issued by the department of administrative services, the office of budget and management or other similar state agency; or

(16) Complying with a collective bargaining agreement provision.

(B) To the extent that the general processes described in paragraph (A) of this rule do not cover the following circumstances, for the purpose of carrying out specific duties of the board, authorized employees of the board would also have valid reasons for accessing CPI in these following circumstances:

(1) Reporting administrative actions and disciplinary records pursuant to state or federal law or requirements of membership in the association of state and provincial psychology boards;

(2) Monitoring compliance with board orders and consent agreements, including the review of internal and external reports and data used to facilitate the monitoring process;

(3) Records maintenance processes, including filing, photocopying, scanning, and reviewing records for retention and destruction; and

Last updated September 5, 2024 at 3:31 PM

History

Effective: December 6, 2010
Promulgated Under: 119.03

Ohio Adm.Code 4732-1-12 Confidentiality statutes.

The following federal statutes or regulations or state statutes and administrative rules make personal information maintained by the agency confidential and identify the confidential personal information within the scope of rules promulgated by this agency in accordance with section 1347.15 of the Revised Code:

(A) Social security numbers: 5 U.S.C. 552a., unless the individual was told that the number would be disclosed.

(B) "Bureau of Criminal Investigation and Information" criminal records check results: section 4776.04 of the Revised Code.

(D) College and university academic transcripts received by the board: family educational and privacy act 34 CFR part 99.

Last updated September 5, 2024 at 3:31 PM

History

Effective: December 6, 2010
Promulgated Under: 119.03

Ohio Adm.Code 4732-1-13 Restricting and logging access to confidential personal information in computerized personal information systems.

For personal information systems that are computer systems and contain confidential personal information, the board shall do the following:

(A) Access restrictions. Access to confidential personal information that is kept electronically shall require a password or other authentication measure.

(B) Acquisition of a new computer system. When the board acquires a new computer system that stores, manages or contains confidential personal information, the board shall include a mechanism for recording specific access by employees of the board to confidential personal information in the system.

(C) Upgrading existing computer systems. When the board modifies an existing computer system that stores, manages or contains confidential personal information, the board shall make a determination whether the modification constitutes an upgrade. Any upgrades to a computer system shall include a mechanism for recording specific access by employees of the board to confidential personal information in the system.

(D) Logging requirements regarding confidential personal information in existing computer systems.

(1) The board shall require employees of the board who access confidential personal information within computer systems to maintain a log that records that access.

(2) Access to confidential information is not required to be entered into the log under the following circumstances:

(a) The employee of the board is accessing confidential personal information for official agency purposes, including research, and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(b) The employee of the board is accessing confidential personal information for routine office procedures and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(c) The employee of the board comes into incidental contact with confidential personal information and the access of the information is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(d) The employee of the board accesses confidential personal information about an individual based upon a request made under either of the following circumstances:

(i) The individual requests confidential personal information about himself/herself.

(ii) The individual makes a request that the board takes some action on that individual's behalf and accessing the confidential personal information is required in order to consider or process that request.

(3) For purposes of this paragraph, the board may choose the form or forms of logging, whether in electronic or paper formats.

(E) Log management. The board shall issue a policy that specifies the following:

(1) Who shall maintain the log;

(2) What information shall be captured in the log;

(3) How the log is to be stored; and

(4) How long information kept in the log is to be retained.

Nothing in this rule limits the agency from requiring logging in any circumstance that it deems necessary.

Last updated September 5, 2024 at 3:31 PM

History

Effective: December 6, 2010
Promulgated Under: 119.03

Chapter 4732-2 Continuing Education

Ohio Adm.Code 4732-2-01 Scope, responsibilities, and requirements for continuing education.

(A) Scope. Every license holder subject to continuing education (CE) requirements as set forth in section 4732.141 of the Revised Code shall meet the requirements of that section.

(B) Responsibilities:

(b) The specific program or course is relevant to the practice of psychology in terms of subject matter and level, as required by division (C) of section 4732.141 of the Revised Code;

(iii) Not be credited for license holders in a paid position at the organization at which the services are rendered;

(iv) Be psychological or school psychological services provided in compliance with the professional conduct requirements specified in rule 4732-17-01 of Administrative Code;

(v) Be credited as one hour of CE for each sixty minutes spent providing services as a volunteer, not to exceed seven hours of the total biennial CE requirement; and

(ii) Whatever hours are completed after August thirty-first of that year and are applied to correct such deficiency shall not count toward completion of CE requirements for the subsequent biennium.

(D) CE compliance options for licensed school psychologists:

(b) Providing evidence to the "Ohio School Psychologists Association" that the applicant holds a valid "Nationally Certified School Psychologist" (NCSP) credential; or

Last updated January 2, 2025 at 9:10 AM

History

Effective: January 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4732-3-01

(A) As used in agency 4732 of the Administrative Code, the terms "psychologist," "the practice of psychology," "psychological procedures," "school psychologist," "practice of school psychology," "licensed psychologist," "licensed school psychologist," and "school psychologist licensed by the state board of education" have the same meanings as set forth in section 4732.01 of the Revised Code.

(B) The practice of psychology or school psychology, as distinct from the performance of psychological or school psychological tasks, includes but is not restricted to the use of the title "psychologist" or "school psychologist licensed by the state board of psychology" and/or the exercise of the professional judgments of psychological or school psychological diagnosis, psychological or school psychological prescription, or psychological or school psychological client supervision.

(1) "Psychological or school psychological diagnosis" is the determination, after study, analysis, and description, that a problem is a psychological problem.

(2) "Psychological or school psychological prescription" is the determination of which psychological procedures should be applied for the prevention, treatment or amelioration of psychological problems.

(3) "Psychological or school psychological client supervision" is the determination of when, in what sequence, and to what degree particular approaches for dealing with the psychological problem of the client shall be initiated, continued, or discontinued. It may include the evaluation and management of patients and psychological effects to determine if prescribed medications might be helpful in alleviating their psychological symptoms and referring a client to a physician for prescription medication(s) if that is in the best interest of the client. When a client is on a prescribed medication, the psychologist may evaluate and monitor the psychological effects of that medication to determine the psychological effects of such medications on the patient, in a consultative relationship with the prescribing physician.

(C) "Consultative relationship" with a physician licensed to practice medicine, as used in section 4732.20 of the Revised Code:

(1) Shall mean that when a licensed psychologist judges the medical problems of his/her client to warrant medical attention, he/she will either determine that the client is under the medical care of a physician or offer to assist the client to obtain the medical help of an appropriate physician, and shall consult with that physician as the psychologist deems necessary for the client's welfare, consonant with section 4732.19 of the Revised Code, relative to privileged communication.

(2) Shall not be interpreted to imply that the physician is to supervise the licensed psychologist or is necessarily to be the source of referrals of patients/clients to the licensed psychologist.

(3) May include evaluating and managing the psychological effects of various medications on a patient who has been prescribed medications by a physician and reporting, as appropriate for the welfare of the patient, that information to the prescribing physician.

(D) "Board" shall mean the state board of psychology.

(E) "Accredited or recognized by a regional or national accrediting agency" or "accredited educational institution" means that an educational institution meets prescribed standards that are necessary to qualify its graduates for consideration for licensure pursuant to section 4732.10 of the Revised Code or for approval by the board pursuant to division (A)(2) of section 4732.22 of the Revised Code. Pursuant to section 4732.10 of the Revised Code, notwithstanding applicants applying for admission to examination for a psychologist license under division (B)(3)(b), (B)(3)(c), or (B)(3)(d) of section 4732.10 of the Revised Code, all applicants for licensure shall provide evidence of an earned doctoral degree from an accredited educational institution as defined in this paragraph and from a graduate program holding academic program accreditation as that term is defined in paragraph (G) of this rule.

(F) "National or regional accrediting agencies" means one of the following agencies or its successor organization:

(1) "Middle States Commission on Higher Education"

(2) "New England Commission on Higher Education"

(3) "Higher Learning Commission"

(4) "Northwest Commission on Colleges and Universities"

(5) "Southern Association of Colleges and Schools Commission on Colleges"

(6) "WASC Senior College and University Commission"

(G) "Academic program accreditation" means that the degree granting program - whether at the doctoral or master's level - holds "accreditation," "designation," or "approval" by one or more of the following entities:

(1) "The American psychological association office of program consultation and accreditation";

(2) The accreditation office of the Canadian psychological association;

(3) The national association of school psychologists.

(H) "Applicant" means any person who applies to the board for licensure pursuant to section 4732.10 of the Revised Code or for approval of the board pursuant to division (A)(2) of section 4732.22 of the Revised Code.

(I) "He" or "she" and "his" or "her" shall be interpreted to mean or include the pronoun of the other gender where appropriate.

(J) "Direct effect on client welfare in teaching or research situations," as specified in division (B) of section 4732.01 of the Revised Code, shall mean:

(1) Classroom discussions and/or demonstrations which extend to the participation of students in psychotherapy sessions based upon disclosure of the student's own personal experiences and/or personality traits; and/or

(2) Use in a classroom, practicum, or other instructional or research context by the instructor, the researcher, a student or a research subject of any procedure that:

(a) Creates a likelihood of psychological and/or physical harm or danger, and/or

(b) Utilizes the manipulative distortion, delay, or withholding of information in a manner that may have damaging psychological consequences, and/or

(c) Intentionally elicits, without safeguards for anonymity, personal and confidential information that could have psychologically damaging consequences for the participant should it be acquired by others; and/or

(3) Use or supervision by the instructor or the researcher in any context involving students, research subjects, or others, of any procedure defined in rule 4732-5-01 of the Administrative Code as creating a serious hazard to mental health and requiring professional expertise in psychology.

(K) "Mental disorder" is a dysfunction of the mind such that, according to the nature and degree of the disorder, a person loses or lacks capacity to adapt his/her own behavior to effective ends of survival, satisfaction or comfort. Such disorders may take many forms and have varying causes of an organic or environmental type. Descriptions of mental disorders found in nosologies such as the "International Classification of Diseases" (ICD), the "Diagnostic and Statistical Manual of Mental Disorders" (DSM), and the "Psychopathological Disorders in Childhood: Theoretical Considerations and a Proposed Classification, Group for the Advancement of Psychiatry" (GAP) are examples of classifications of such mental disorders.

(L) "Serious hazard to mental health" occurs where an individual is at substantial risk of developing a mental disorder or to be at substantial risk of increasing the severity of an existing mental disorder.

(M) "Client," as used in agency 4732 of the Administrative Code, means a patient or that person's legal representative or any other receiver of psychological services, including individuals, groups, and organizations.

(N) "Continuing education" (CE), as used in agency 4732 of the Administrative Code, is the process through which psychologists and school psychologists acquire new knowledge and skills relevant to their work, gain new competencies concerning psychological concepts and techniques, or improve current competencies and skills by completion of approved and documented educational experiences.

(O) "Authorized approving organization," as used in agency 4732 of the Administrative Code, means the board, the "Ohio Psychological Association," the "American Psychological Association," the "Ohio School Psychologists Association," the "National Association of School Psychologists," or the "Ohio Association of Black Psychologists," as these are set forth in division (B)(1) of section 4732.141 of the Revised Code.

(P) "Hours of CE credits" means:

(1) The number of CE hours approved and recorded for each license holder by the "Ohio Psychological Association" or the "Ohio School Psychologists Association" and reported to the board by one of those associations; or

(2) The number of hours determined by the board in accordance with rules 4732-2-01 and/or 4732-2-02 of the Administrative Code.

(Q) "Evaluee," as used in agency 4732 of the Administrative Code, means a person evaluated by a license holder or supervisee pursuant to a third party referral from a court, other adjudicative body, or other agency or organization when the referring party might serve as the client for the purpose of receiving a report of services specific to the person(s) evaluated.

(R) A "professional psychological role," as used in agency 4732 of the Administrative Code, exists when a psychologist renders directly or through supervision to an individual, group, organization, or the public any service involving the application of psychological procedures to the assessment, diagnosis, prevention, treatment, or amelioration of psychological problems or emotional or mental disorders; or to the assessment or improvement of psychological adjustment or functioning of individuals or groups, whether or not there is a diagnosable pre-existing psychological problem. A professional psychological role exists when school psychological services are rendered. A professional psychological role exists when a license holder is in an evaluative role concerning a student's academic and/or applied performance in any work or training setting, and when a license holder is in a supervisory relationship with a person under psychological work supervision or psychological training supervision. For the purposes of this rule, professional psychological roles do not include teaching or research even when dealing with psychological subject matter, provided that it does not otherwise involve rendering or offering to render professional services in which patient or client welfare is directly affected.

(S) "Telepsychology" means the practice of psychology or school psychology as those terms are defined in divisions (B) and (E) of section 4732.01 of the Revised Code, including psychological and school psychological supervision, by distance communication technology such as but not necessarily limited to telephone, email, Internet-based communications, and videoconferencing.

(T) "License holder" means a licensed psychologist or licensed school psychologist or independent school psychologist.

(U) "Local professional development committee" (LPDC) as used in agency 4732 of the Administrative Code, has the same meaning as found in section 3319.22 of the Revised Code.

Last updated November 17, 2025 at 1:36 AM

History

Effective: November 17, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4732-17-01

Pursuant to section 4732.17 of the Revised Code, the board promulgates the following rules of professional conduct:

(A) General considerations:

(1) Purpose. The rules of professional conduct constitute the standards against which the required professional conduct of a psychologist or independent school psychologist is measured.

(2) Scope. The rules of professional conduct shall apply to the conduct of all license holders, supervisees, and applicants, including the applicant's conduct during the period of education, training, and employment that is required for licensure. The term "psychologist," as used within these rules of professional conduct, shall be interpreted accordingly, whenever psychological or school psychological services are being provided in any context.

(3) Violations. A violation of the rules of professional conduct constitutes unprofessional conduct and is sufficient reason for a reprimand, suspension or revocation of a license, or denial of either original licensure or reinstatement of licensure.

(4) Aids to interpretation. Ethics codes and standards for providers promulgated by the "American Psychological Association," the "Association of State and Provincial Psychology Boards," and other relevant professional groups shall be used as aids in resolving ambiguities that may arise in the interpretation of the rules of professional conduct, except that these rules of professional conduct shall prevail whenever any conflict exists between these rules and any professional association standard.

(5) A license holder, or an applicant for licensure, shall provide a written response within a reasonable period of time not to exceed sixty days to any written inquiry, regarding compliance with law or rule, received from the board.

(B) Negligence:

(1) A license holder in a professional psychological role, as that term is defined in paragraph (R) of rule 4732-3-01 of the Administrative Code shall be considered negligent if his/her behaviors toward his/her clients, evaluees, supervisees, employees or students, in the judgment of the board, clearly fall below the standards for acceptable practice of psychology or school psychology.

(2) Sexual harassment. License holders shall not engage in sexual harassment. Sexual harassment is sexual solicitation, physical advances, or verbal or nonverbal conduct that is sexual in nature, that occurs in connection with the license holder's professional activities, and that either (a) is unwelcome, is offensive, or creates a hostile workplace or educational environment, and the psychologist knows or is told this or (b) is sufficiently severe or intense to be abusive to a reasonable person in the context. Sexual harassment can consist of a single intense or severe act or of multiple persistent or pervasive acts.

(3) Misrepresentation of qualifications. A license holder shall not misrepresent through false or misleading information his/her professional qualifications such as education, specialized training, experience, or area(s) of competence.

(4) Misrepresentation of affiliations. A license holder shall not misrepresent through false or misleading information his/her affiliations or the purposes or characteristics of institutions and organizations with which the license holder is associated.

(a) A license holder shall not claim either directly or by implication professional qualifications that differ from actual qualifications, including use of a degree or title that is not relevant to his/her psychological training or that is issued by an educational institution not meeting accreditation standards, he/she shall not misrepresent affiliation with any institution, organization, or individual, nor lead others to assume he/she has affiliations that he/she does not have. A license holder is responsible for correcting a client or public media who misrepresent his/her professional qualifications or affiliations, if he/she has knowledge of this misrepresentation.

(b) A license holder shall not include false or misleading information in public statements concerning psychological services offered.

(c) A license holder 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 them, the degree of his/her responsibility for them, or the nature of his/her association with them.

(5) Solicitation of business by clients. A license holder shall not request or authorize any client to solicit business on behalf of the license holder.

(6) Promotional activities. A license holder associated with the development, promotion, or sale of psychological devices, books, or other products shall ensure that such devices, books, or products are not misrepresented as to qualities, performance or results to be obtained from their use.

(7) Maintenance and retention of records.

(a) A license holder rendering services to a client or evaluee shall maintain a record that includes:

(i) Written documentation indicating that the license holder obtained written informed consent prior to the delivery of services, signed and dated by the client/evaluee reflecting understanding of and agreement to the services, or documentation by the license holder justifying the reason(s) why a signed form was contraindicated or not feasible,

(ii) The date(s) and description of services rendered during each professional contact,

(iii) The presenting problem or reason for evaluation,

(iv) The fee arrangement,

(v) Authorizations, if any, by the client for release of records or information,

(vi) Justification and rationale for not releasing records to a client in response to a valid request, including the reason for making a determination for clearly stated treatment reasons that disclosure of the requested records is likely to have an adverse effect on the client, and shall comply with division (B) of section 3701.74 of the Revised Code.

(vii) Test data or other evaluative results produced or obtained as part of the services rendered,

(viii) A copy of any reports prepared as part of the professional relationship,

(ix) Notation of providing verbal communication of assessment results in the absence of a written report,

(x) Notation and results of formal contacts with other providers,

(xi) Knowledge of all multiple relationships present, with reasoning as to why it is in the best interest of the client and/or not harmful to continue the professional relationship.

(b) To meet the requirements of these rules, but not necessarily for other legal purposes, the license holder shall ensure that all contents in the professional record are maintained for a period of not less than seven years after the last date of service rendered, or not less than the length of time required by other regulations if that is longer. A license holder shall retain records documenting services rendered to minors for not less than two years after the minor has reached the age of majority or for seven years after the last date of service, whichever is longer.

(c) A license holder shall store and dispose of written, electronic, and other records of clients in such a manner as to ensure their confidentiality. License holders shall prepare in advance and disseminate to an identifiable person a written plan to facilitate appropriate transfer and to protect the confidentiality of records in the event of the license holder's withdrawal from positions or practice. Each license holder shall report to the board on the biennial registration (renewal) form the name, address, and telephone number of a license holder or other appropriate person knowledgeable about the location of the written plan for transfer and custody of records and responsibility for records in the event of the licensee's absence, emergency or death. The written plan referenced in this rule shall be made available to the board upon request.

(d) In the event a complaint has been filed, a license holder shall provide the original or a full copy of the client file or other client-identifiable documents to the board upon request, provided that the request is accompanied by a copy of a release signed by the client.

(e) License holders shall provide clients with reasonable access to the record maintained. License holders shall be familiar with state and federal laws and regulations relevant to client access to their records of services, and shall limit clients' access to records only in exceptional circumstances in which the license holder determines for clearly stated treatment reasons that disclosure of the requested records is likely to have an adverse effect on the client.

(f) License holders shall be aware of and adhere to divisions (H)(1) and (H)(2) of section 3109.051 of the Revised Code and other relevant laws governing a divorced non-residential parent's rights to access a license holder's records related to the parent's child.

(1) Conflicts of interest. License holders actively identify, disclose, document, and remedy conflicts of interest and potential conflicts of interest. A conflict of interest exists when the license holder's objectivity, judgment, or competence is impaired by a multiple role/relationship or when a client/evaluee is subject to exploitation. License holders actively clarify and document their role when providing or offering psychological or school psychological services. Notwithstanding paragraph (C)(1)(e) of this rule, conflict of interest situations include but are not limited to:

(a) License holders in a treatment role with couples, families, or groups shall clarify with all parties and document the nature of one's professional obligations to the various clients receiving services, including limits of confidentiality and access to records.

(b) License holders in a treatment role with one or more adults involved in a contested parenting time or custody dispute:

(i) Shall anticipate being asked to participate in conflicting roles; and

(ii) Shall clarify and document as early as feasible that his/her role is restricted to providing therapeutic services, and shall take appropriate action to avoid role conflicts; and

(iii) Shall not render verbal or written opinions to any person or entity, including but not limited to the client, any court, attorney, guardian ad litem, or other professional about a client's or other person's access to, parenting time with, or custody of, any child.

(c) License holders in a treatment role with one or more children involved in a contested parenting time or custody dispute:

(i) Shall anticipate being asked to participate in conflicting roles; and

(ii) Shall clarify and document as early as feasible that his/her role is restricted to providing therapeutic services, and shall take appropriate action to avoid role conflicts; and

(d) License holders may undertake roles specifically determined by a court or other adjudicative body or child welfare agency (concerning, for example, parenting coordination and family reunification), wherein rendering opinions and recommendations about the client(s) to the adjudicative body may be necessary and appropriate, if consistent with the parameters of a written order or directive, and if the role of the license holder is established in written informed consent procedures.

(e) When there is a conflict of interest between the client and the organization with which the license holder is contracted, employed, or affiliated, the license holder shall clarify the nature and direction of his/her loyalties and responsibilities and shall keep all parties concerned informed of his/her commitments.

(2) Multiple relationships. A multiple relationship exists when a license holder is in a professional psychological role pursuant to paragraph (R) of rule 4732-3-01 of the Administrative Code and is in another relationship with the same person or entity or with an individual closely associated with the person or entity. Depending on the timing and nature of one's interactions before or after the establishment of a professional psychological role, multiple relationships can result in exploitation of others, impaired judgment by clients, supervisees and evaluees, and/or impaired judgment, competence and objectivity of the psychologist or independent school psychologist. Psychologists and independent school psychologists actively identify and manage interpersonal boundaries to ensure that there is no exploitation of others and that professional judgment, competence, and objectivity within one's professional psychological roles are not compromised.

(a) In some communities and situations, unavoidable interpersonal contacts can occur due to cultural, linguistic, or geographical considerations. For purposes of this rule, incidental contacts in the personal life of a license holder with persons with whom there is or was a professional psychological role are not relationships. Nothing in this rule shall be construed to mean that a license holder is prohibited from undertaking a professional psychological role in an emergency situation, including effecting an appropriate referral when necessary to foster the welfare of others.

(b) Prohibited multiple relationships. The board prescribes that certain multiple relationships are expressly prohibited due to inherent risks of exploitation, impaired judgment by clients, supervisees and evaluees, and/or impaired judgment, competence or objectivity of the license holder.

(i) A license holder shall not:

(a) Undertake a professional psychological role with persons with whom he/she has previously engaged in sexual intercourse or other sexual intimacies;

(b) Undertake a professional psychological role with persons with whom he/she has had a familial, personal, social, supervisory, employment, or other relationship, and the professional psychological role results in: exploitation of the person; or, impaired judgment, competence, and/or objectivity in the performance of one's functions as a license holder.

(c) Engage in sexual intercourse or other sexual intimacies; or, verbal or nonverbal conduct that is sexual in nature with any person with whom there has been a professional psychological role at any time within the previous twenty-four months;

(d) Enter into any personal, financial, employment or other relationship (other than reestablishing a professional psychological role) with any person with whom there has been a professional psychological role at any time within the previous twenty-four months and the multiple relationship results in: exploitation of the person; or, impaired judgment, competence, and/or objectivity in the performance of one's functions as a psychologist or independent school psychologist.

(e) Terminate or interrupt a professional role with any person for the purpose, expressed or implied, of entering into a sexual, personal, or financial relationship with that person or any individual closely associated with that person.

(ii) The prohibitions established in paragraph (C)(2)(b) of this rule extend indefinitely beyond twenty-four months after termination of the professional role if the person, secondary to emotional, mental, or cognitive impairment, remains vulnerable to exploitative influence.

(3) Unforeseen multiple relationships. If a license holder determines that, due to unforeseen factors, a prohibited multiple relationship as defined in paragraph (C)(2) of this rule has inadvertently developed, he or she shall take reasonable steps to resolve it with due regard for the welfare of the person(s) with whom there is or was a professional psychological role.

(a) All potential multiple relationships shall be discussed with the client as soon as possible after being first recognized and shall continue only with both parties'agreement.

(b) License holders document the discovery of all multiple relationships, with reasoning as to why it is in the best interest of the client and/or not harmful to continue the professional relationship.

(c) As warranted, the presence of a multiple relationship shall be reassessed and justified in the record. Issues such as informed consent and professional consultation shall be considered and documented to ensure that judgment is not impaired and that no exploitation of any person occurs.

(4) Sufficient professional information. A license holder rendering a formal professional opinion or recommendation about a person shall not do so without substantial professional information within a clearly defined role.

(5) Informed consent. A license holder shall accord each client informed choice, confidentiality, and reasonable protection from physical or mental harm or danger.

(a) License holders clearly document written informed consent, permission, or assent, as warranted by the circumstances, for treatment or evaluation prior to proceeding with the provision of psychological or school psychological services.

(b) When a license holder is in an individual treatment role, there may be reason for a third party to join one or more sessions for a limited purpose. The license holder shall document in the record that the client or legal guardian has acknowledged understanding the purpose and need for the third party to be present and the circumstances and extent to which confidential information may be disclosed to the third party. The license holder shall document that the third party has provided an understanding that the individual is not a client, that there is no expectation of confidentiality between the license holder and the third party, and that the third party shall not have rights to access any part of the client's file (unless the client provides written authorization to release specific confidential information). A license holder shall not render opinions or recommendations to any person or entity, including but not limited to the client, any court, attorney, guardian ad litem, or other professional concerning such third parties.

(c) The license holder shall keep the client fully informed as to the purpose and nature of any treatment or other procedures, and of the person's right to freedom of choice regarding services offered. A license holder shall give a truthful, understandable, and reasonably complete account of a client's condition to the client or to those legally responsible for the care of the client in accord with informed consent processes.

(d) When a court or other adjudicative body orders an evaluation, assessment or intervention, the license holder shall document and inform the evaluee(s) or client(s) of the parameters of the court order and shall not provide services or opinions beyond the parameters of the order.

(e) When a license holder provides services to two or more clients who have a relationship with each other and who are aware of each other's participation in treatment (for example, couples and family members), the license holder shall clarify with all parties and document the parties' understanding about how records of the services will be maintained, who has access to the records, and any limits of access to the records.

(6) Dependency. Due to an inherently influential position, a license holder shall not exploit the trust or dependency of any client, supervisee, evaluee or other person with whom there is a professional psychological role, as that term is defined in paragraph (R) of rule 4732-3-01 of the Administrative Code.

(7) Media. Psychological or school psychological services for the purpose of diagnosis, treatment, or personalized advice shall be provided only in the context of a professional relationship, and shall not be given by means of: public lectures or; internet, newspaper or magazine; radio or television; or social media.

(8) Stereotypes. A license holder shall not impose on a client any stereotypes of behavior, values, or roles related to age, sex, gender expressions, religion, race, ethnicity, disability, nationality, or sexual orientation that would interfere with the objective provision of psychological services to the client.

(9) Termination/alternatives. A license holder shall terminate a professional relationship when it is reasonably clear that the client is not benefiting from the relationship, and shall offer to help locate alternative sources of professional services or assistance if indicated.

(10) Referral. A license holder shall make an appropriate referral of a client to another professional when requested to do so by the client.

(11) Continuity of care. A license holder shall make arrangements for another appropriate professional or professionals to deal with the emergency needs of his/her clients, as appropriate, during periods of foreseeable absence from professional availability.

(12) Interruption of services.

(a) A license holder makes reasonable efforts to plan for continuity of care in the event that psychological services are interrupted by factors such as the license holder's illness, unavailability, relocation, or death, or the client's relocation or financial limitations.

(b) A license holder entering into employment or contractual relationships shall make reasonable efforts to provide for orderly and appropriate resolution of responsibility for client care in the event that the employment or contractual relationship ends, with paramount consideration being given to the welfare of the client. A license holder who serves as an employer of other license holders has an obligation to make similar appropriate arrangements.

(13) Practicing while impaired. A license holder shall not undertake or continue a professional psychological role when the judgment, competence, and/or objectivity of the license holder is impaired due to mental, emotional, physiological, pharmacological, or substance abuse conditions, unless the license holder is a participant in the board's safe haven program and where the board's designated monitoring organization has determined that the participant is fit to practice. If impaired judgment, competence, and/or objectivity develops after a professional role has been initiated, the license holder shall terminate the professional role in an appropriate manner, shall notify the client and/or other relevant parties of the termination in writing, and shall assist the client, supervisee, or evaluee in obtaining appropriate services from another appropriate professional.

(D) Remuneration:

(1) Financial arrangements:

(a) All financial arrangements shall be documented and made clear to each client in advance of billing, preferably within the initial session but no later than the end of the second session, unless such disclosure is contraindicated in the professional judgment of the licensee. In the event that disclosure is not made by the end of the second session, the license holder bears the burden of demonstrating that disclosure was contraindicated and that the client was not harmed as a result of non-disclosure.

(b) A license holder shall not mislead or withhold from any client, prospective client, or third-party payer, information about the cost of his/her professional services.

(c) A license holder shall not, in the judgment of the board, exploit a client or responsible payer financially or enter into an exploitative bartering arrangement in lieu of a fee.

(d) The primary obligation of a license holder employed by an institution, agency, or school is to persons entitled to his/her services through the institution, agency, or school. A license holder shall not accept a private fee or any other form of remuneration from such persons unless the policies of a particular institution, agency or school make explicit provision for private work with its clients by members of its staff. In such instances the client or guardian shall be fully apprised of available services and all policies affecting him/her, prior to entering into a private professional relationship with a license holder.

(2) Improper financial benefits:

(a) A license holder shall neither derive nor solicit any form of monetary profit or personal gain as a result of his/her professional relationship with clients or immediate ex-clients, beyond the payment of fees for psychological services rendered. However, unsolicited token gifts from a client are permissible.

(b) A license holder shall neither give nor receive any commission, rebate, or other form of remuneration for referral of a client for professional services, without full disclosure in advance to the client of the terms of such an agreement.

(c) A license holder shall not bill for services that are not rendered. However, he/she may bill for missed appointments that the client did not cancel in advance, if this is part of the financial arrangements made in accordance with paragraph (D)(1)(a) of this rule.

(E) Testing and test interpretation:

(1) Assessment procedures:

(a) A license holder shall treat the results or interpretations of assessment regarding an individual as confidential information.

(b) A license holder shall accompany communication of results of assessment procedures to a client, or the parents, legal guardians, or other agents of the client with adequate interpretive aids or explanations in language these persons can understand.

(c) A license holder shall include in his/her report of the results of a test or assessment procedures any reservations regarding the possible inappropriateness of the test for the person assessed.

(d) A license holder offering an assessment procedure or automated interpretation service to other professionals shall accompany this offering with a manual or other printed material that fully describes the development of the assessment procedure or service, its rationale, evidence of validity and reliability, and characteristics of the normative population. A license holder shall explicitly state the purpose and application for which the procedure is recommended and identify special qualifications required to administer and interpret it properly. A license holder shall ensure that any advertisements for the assessment procedure or interpretive service are factual and descriptive. Such services are to be considered as a professional-to-professional consultation. A license holder shall make and document reasonable efforts to avoid misuse of such assessment reports.

(e) A license holder shall choose only appropriate tests and give them only for a justifiable purpose to the benefit of a client.

(2) Test security. Psychological tests and other assessment devices shall not be reproduced or described in popular publications in ways that might invalidate the techniques. Test materials means manuals, instruments, protocols, and test questions or stimuli and does not include test data except as specified in paragraph (F)(3)(a) of rule 4732-17-01 of the Administrative Code. License holders make reasonable efforts to maintain the integrity and security of test materials and other assessment techniques consistent with law and contractual obligations. Access to such devices is limited to persons with professional interests who will safeguard their use.

(a) Sample items made up to resemble those of tests being discussed may be reproduced in popular articles and elsewhere, but scorable tests and actual test items shall not be reproduced except in professional publications.

(b) A license holder is responsible for the security of psychological tests and other devices and procedures used for instructional purposes.

(c) License holders shall not permit inadequately supervised use of psychological tests or assessment measures unless the measure is designed, intended, and validated for self-administration and self-administration is supported by the instructions of the test publisher.

(3) Test interpretation.

(a) Test scores, like test materials, may be released to another person or an organization only in a manner that adheres to the client's rights to confidentiality as set forth in paragraph (F) of this rule.

(b) Test results or other assessment data used for evaluation or classification are communicated to employers, relatives, or other appropriate persons in such a manner as to guard against misinterpretation or misuse. License holders when interpreting and communicating assessment results take into account the purpose of the assessment as well as various test factors, test-taking abilities, and other characteristics of the person being assessed, such as situational, environmental, personal, linguistic, and cultural, that might affect professional judgments or reduce the accuracy of interpretations, and significant limitations of interpretations are indicated.

(c) A license holder always respects the client's or guardian's right to know the results, the interpretations made, his/her conclusions, and the bases for his/her recommendations. When a license holder provides verbal communication of assessment results in the absence of a written report, this event shall be documented in the client record.

(F) Confidentiality

(1) Confidential information is information revealed by an individual or individuals or otherwise obtained by a license holder, when there is a reasonable expectation that it was revealed or obtained as a result of the professional relationship between the individual(s) and the license holder. Such information is not to be disclosed by the license holder without the informed consent of the individual(s).

(a) When rendering psychological services as part of a team or when interacting with other appropriate professionals concerning the welfare of a client, a license holder may share confidential information about the client provided that reasonable steps are taken to ensure that all persons receiving the information are informed about the confidential nature of the information being shared and agree to abide by the rules of confidentiality.

(b) When any case report or other confidential information is used as the basis of teaching, research, or other published reports, a license holder shall exercise reasonable care to ensure that the reported material is appropriately disguised to prevent client or subject identification.

(c) A license holder shall ensure that no diagnostic interview or therapeutic sessions with a client are observed or electronically recorded without first informing the client or the client's guardian obtaining and documenting written consent from same.

(d) A license holder shall limit access to client records and shall ensure that all persons working under his/her authority comply with the requirements for confidentiality of client material.

(e) A license holder shall continue to treat all information regarding a client as confidential after the professional relationship between the psychologist or independent school psychologist and the client has ceased.

(f) In a situation in which more than one party has an appropriate interest in the professional services rendered by a license holder to a client, the license holder shall, to the extent possible, clarify to all parties the dimensions of confidentiality and professional responsibility that shall pertain in the rendering of services.

(i) Such clarification is specifically indicated, among other circumstances, when the client is an organization or when the client has been referred by a third party.

(ii) A license holder shall clarify with an individual receiving services because of a third-party referral whether, and under what conditions-including costs, information or feedback will be provided to the individual receiving those psychological services.

(2) Protecting confidentiality of clients. In accordance with section 4732.19 of the Revised Code, the confidential relations and communications between license holders and clients are placed under the same umbrella of a privilege as those between physician and patient under division (B) of section 2317.02 of the Revised Code. The privilege is intended to protect the interest of the client by encouraging free disclosure to the license holder and by preventing such free disclosure to others. Thus, the client rather than the license holder holds and may assert the privilege.

(a) A license holder shall not testify concerning a communication made to him/her by a client. The license holder may testify by express consent of the client or legal guardian or, if the client is deceased, by the express consent of the surviving spouse or the executor or administrator of the estate of such deceased client. If the client voluntarily testifies, the license holder may be compelled to testify on the same subject; or if the client, the executor or administrator files a claim against the license holder, such filing shall constitute a waiver of the privilege with regard to the services about which complaint is made.

(b) Court decisions construing the scope of the physician-patient privilege, pursuant to section 2317.02 of the Revised Code, are applicable to this privilege between the license holder and the client.

(c) A license holder may disclose confidential information without the informed written consent of a client when the license holder judges that disclosure is necessary to protect against a clear and substantial risk of imminent serious harm being inflicted by the client on himself/herself or on another person. In such case, the license holder may disclose the confidential information only to appropriate public authorities, the potential victim, professional workers, and/or the family of the client.

(d) A license holder shall safeguard the confidential information obtained in the course of practice, teaching, research, or other professional duties. With the exceptions as required or permitted by statute, a license holder shall disclose confidential information to others only with the informed written consent of the client.

(e) At the beginning of a professional relationship a license holder shall inform his/her client of the legal limits of confidentiality. To the extent that the client can understand, the license holder 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. When services are provided to more than one patient or client during a joint session (for example to a family or couple, or parent and child, or group), a license holder shall, at the beginning of the professional relationship, clarify to all parties the limits of confidentiality.

(f) Minor clients who are offered privacy as a means of facilitating free disclosure of information shall be told by the license holder that the parent(s) and/or guardian(s) have a right to access their records, unless otherwise prohibited by court order, statute, or rule. The license holder shall document in the record this disclosure to the minor client.

(g) A license holder may release confidential information upon court order or to conform with state or federal laws, rules, or regulations.

(h) A license holder shall be familiar with any relevant law concerning the reporting of abuse of children or vulnerable adults.

(G) Competence:

(1) Limits on practice. A license holder shall limit his/her professional practice to those specialty areas in which competence has been gained through education, training, and experience. If important aspects of the client's problem fall outside the boundaries of competence, then the license holder assists his/her client in obtaining additional professional help.

(2) Specialty standard of care. A license holder shall exercise sound judgment and care in determining what constitutes his/her area(s) of competence. A guiding principle is that one who undertakes practice in a given specialty area will be held to the standard of care within that specialty while he/she is practicing in that area.

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

(4) Adding new services and techniques. A license holder, when developing competency in a new area or in a new service or technique, shall engage in ongoing consultation with other psychologists, independent school psychologists, or appropriate professionals and shall seek continuing education in the new area, service or technique. A license holder shall inform any client whose treatment will involve a newly developing service or technique of its innovative nature and the known risks concerning those services and shall document informed consent provided by the client or legal guardian.

(5) Limits on practice under independent school psychologist license. An independent school psychologist who does not hold a psychologist license shall not practice beyond the scope of the independent school psychologist license, as defined in division (E) of section 4732.01 of the Revised Code.

(6) Referrals. A license holder shall make or recommend referral to other professional, technical, or administrative resources when such referral is in the best interests of the client.

(7) Interprofessional relations. A license holder shall neither establish nor offer to establish a continuing treatment relationship with a person receiving mental health services from another professional, except with the knowledge of the other professional or after the termination of the client's relationship with the other professional.

(H) Telepsychology.

(1) "Telepsychology" means the practice of psychology or school psychology as those terms are defined in divisions (B) and (E) of section 4732.01 of the Revised Code, including psychological and school psychological supervision, by distance communication technology such as but not necessarily limited to telephone, email, Internet-based communications, and videoconferencing.

(2) In order to practice telepsychology in the state of Ohio one must hold a current, valid license issued by the Ohio board of psychology or shall be a registered supervisee of a licensee being delegated telepsychology practices in compliance with paragraphs (B) and (C) of rule 4732-13-04 of the Administrative Code.

(3) License holders understand that this rule does not provide licensees with authority to practice telepsychology in service to individuals located in any jurisdiction other than Ohio, and licensees bear responsibility for complying with laws, rules, and/or policies for the practice of telepsychology set forth by other jurisdictional boards of psychology.

(4) License holders practicing telepsychology shall comply with all of these rules of professional conduct and with requirements incurred in state and federal statutes relevant to the practice of psychology and school psychology.

(5) License holders shall establish and maintain current competence in the professional practice of telepsychology through continuing education, consultation, or other procedures, in conformance with prevailing standards of scientific and professional knowledge. License holders shall establish and maintain competence in the appropriate use of the information technologies utilized in the practice of telepsychology.

(6) License holders recognize that telepsychology is not appropriate for all psychological problems and clients, and decisions regarding the appropriate use of telepsychology are made on a case-by-case basis. License holders practicing telepsychology are aware of additional risks incurred when practicing psychology or school psychology through the use of distance communication technologies and take special care to conduct their professional practice in a manner that protects the welfare of the client and ensures that the client's welfare is paramount. License holders practicing telepsychology shall:

(a) Conduct a risk-benefit analysis and document findings specific to:

(i) Whether the client's presenting problems and apparent condition are consistent with the use of telepsychology to the client's benefit; and

(ii) Whether the client has sufficient knowledge and skills in the use of the technology involved in rendering the service or can use a personal aid or assistive device to benefit from the service.

(b) Not provide telepsychology services to any person or persons when the outcome of the analysis required in paragraphs (H)(6)(a)(i) and (H)(6)(a)(ii) of this rule is inconsistent with the delivery of telepsychology services, whether related to clinical or technological issues.

(d) Obtain alternative means of contacting the client;

(e) Provide to the client alternative means of contacting the licensee;

(f) Establish a written agreement relative to the client's access to face-to-face emergency services in the client's geographical area, in instances such as, but not necessarily limited to, the client experiencing a suicidal or homicidal crisis;

(g) Licensees, whenever feasible, use secure communications with clients, such as encrypted text messages via email or secure websites and obtain and document consent for the use of non-secure communications.

(h) Prior to providing telepsychology services, obtain the written informed consent of the client, in language that is likely to be understood and consistent with accepted professional and legal requirements, relative to:

(i) The limitations and innovative nature of using distance technology in the provision of psychological or school psychological services;

(ii) Potential risks to confidentiality of information due to the use of distance technology;

(iii) Potential risks of sudden and unpredictable disruption of telepsychology services and how an alternative means of re-establishing electronic or other connection will be used under such circumstances;

(iv) When and how the licensee will respond to routine electronic messages;

(v) Under what circumstances the licensee and service recipient will use alternative means of communications under emergency circumstances;

(vi) Who else may have access to communications between the client and the licensee;

(vii) Specific methods for ensuring that a client's electronic communications are directed only to the licensee or supervisee;

(viii) How the licensee stores electronic communications exchanged with the client;

(7) Ensure that confidential communications stored electronically cannot be recovered and/or accessed by unauthorized persons when the licensee disposes of electronic equipment and data;

(8) If in the context of a face-to-face professional relationship the following are exempt from this rule:

(a) Electronic communication used specific to appointment scheduling, billing, and/or the establishment of benefits and eligibility for services; and,

(b) Telephone or other electronic communications made for the purpose of ensuring client welfare in accord with reasonable professional judgment.

(I) Violations of law:

(1) Violation of applicable statutes. A license holder shall not violate any applicable statute or administrative rule regulating the practice of psychology or school psychology.

(2) Use of fraud, misrepresentation, or deception. A license holder shall not use fraud, misrepresentation, or deception in obtaining a psychology or school psychology license, in taking a psychology or school psychology licensing examination, in assisting another to obtain a psych ology or school psychology license or to take a psychology or school psychology licensing examination, in billing clients or third-party payers, in providing psychological or school psychological services, in reporting the results of those services, or in conducting any other activity related to the practice of psychology or school psychology.

(J) Aiding illegal practice:

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

(2) Delegating professional responsibility. A license holder shall not delegate professional responsibilities to a person not qualified and/or not appropriately credentialed to provide such services.

(3) Providing supervision. A license holder shall exercise appropriate supervision over supervisees, as set forth in the rules of the board.

(4) Reporting of violations to board. A license holder who has substantial reason to believe that another license holder or psychological or school psychological supervisee has committed an apparent violation of the statutes or rules of the board that has substantially harmed or is likely to substantially harm a person or organization shall so inform the board in writing, except that when the suspected violation of the statutes or rules of the board is related solely to impairment due to mental, emotional, physiological, or pharmacological, health-related conditions, and/or abuse of or dependency on alcohol or other substances, the license holder may instead make a report to the board's safe haven program in lieu of the board; moreover, when the information regarding such violation is obtained in a professional relationship with a client, the license holder shall report it only with the written permission of the client. Under such circumstances the license holder shall advise the client of the name, address, and telephone number of the state board of psychology and of the client's right to file a complaint. The license holder shall make reasonable efforts to guide and/or facilitate the client in the complaint process as needed or requested by the client. Nothing in this rule shall relieve a license holder from the duty to file any report required by applicable statutes.

(K) Supervision. Rules 4732-13-01, 4732-13-02, 4732-13-03, and 4732-13-04 of the Administrative Code, pertaining to supervision of persons performing psychological or school psychological work, shall be considered as a part of the rules of professional conduct.

Last updated January 2, 2025 at 9:16 AM

History

Effective: January 1, 2025
Promulgated Under: 119.03