Psychology law [1951]

PSYCHOLOGY tAW
BEN W. FORTSON, JR. Secretary of State
C. L. CLIFTON Joint Secretary Room 224, State Capitol
Atlanta, Ga.
Issued by STATE BOARD OF EXAMINERS
OF PSYCHOLOGISTS

LAW GOVERNING THE PRACTICE OF PSYCHOLOGY
An Act making provision for the licensure of applied psychologists, throug~ State Board of Examiners of Psychologists.
Be it enacted by the General Assembly of the State of Georgia:
Section 1. The practice of applied psychology, definition: A person practices applied psychology within the meaning of this Act when he holds himself out to be an applied psychologist and renders to individuals or to the public for fees any service involving the application of recognized principles, methods and procedures of the science and profession of psychology, such as interviewing, administering and interpreting tests of mental abilities, aptitudes, interests and personality characteristics, for such purposes as psychological diagnosis, classification or evaluation, or for education or vocational placement, or for such purposes as psychological counseling, guidance or readjustment. Nothing in this definition shall be construed as permitting the administration or prescription of drugs or in any way infringing upon the practice of medicine as defined in the laws of this State.
Section 2. State Board of Examiners of Psychologists created. There is hereby created a State Board of Examiners of Psychologists, hereinafter referred to as the Board of Examiners of Psychologists, to consist of three members who shall be appointed by the Gover.nor under conditions hereinafter set forth. One member shall be chosen from and shall be member of the faculty, with the rank of assistant professor or above, of the accredited colleges and universities in the State, and shall be primarily engaged in teaching and/or research in psychology, and two members shall be licensed applied psychologists'or qualified for licensure under the terms of this Act. Said board shall perform such duties and exercise such powers as this Chapter prescribed and confers upon it. No member of the board shall be liable to civil action for any act performed in good faith in the performance of its duties as set forth in this Act.
Section 3. Appointment of Board by Governor: Original appointments to the board shall be for terms as follows: one applied psychologist for 11 term of one year, one academic psychologist for ~ te:l:m of .W<l )'~rs_
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one applied psychologist for a term of three years. All subsequent appointments shall be for three-year terms.
Vacancies shall be filled for the unexpired terms, and members shall serve until their successors are appointed and have qualified. Only applied psychologists shall be appointed to succeed -applied psychologi~s, and only academic psychologists shall be appointed to succeed academic psychologists. All appointments to the board shall be made from a list of qualified members of the Georgia Psychological Association to be furnished to the Governor by said association. All vacancies occuring in the board shall be filled by the Governor for the unexpired term from the said list of all qualified members of the Georgia Psychological Association within thirty days after the vacancy occurs: Provided, that if the said association shall fail to furnish the Governor with the said list of persons eligible for such an appointment, the Governor shall make such appointments by nominating such members of the profession of psychology hereto as may seem to him to be proper. Any board member may be removed after notice and hearing for incompetence, neglect of duty, malfeasance in office, or moral turpitude.
Section 4. Oath of office taken by board: certification of appointment by Governor: reports to Governor: Immediately and before entering upon the duties of said office, the members of the Board of Examiners of PS.Ychologists shall take the constitutional oath of office and shall file the same in the office of the Governor, who upon receiving said oath of office, shall issue to each member a certificate of appointment. The board shall have available for the Governor or his representative detailed reports on proceedings and shall keep adequate records on all licenses, and shall make an annual report in such form as required by the Governor.
Section 5. Organization of board: expenses: meetings: seal: rules and regulations: examinations: The Board of Examiners of Psychologists shall elect annually a president and vice-president. Said board shall operate under the terms of Chapter 84-1, providing for a Joint-Secretary for the several State Examining Boards and said Joint-Secretary shall serve said board as provided by law. Each member shall receive all necessary expenses incident to holding meetings: Provided, however that expenses shall in no case exceed the fees collected by said Joint- Secretary for said board. The board shall hold at least one regular meeting each year, said required meeting to be held at the State Capitol. Call meetings may be held at the discretion of the president or at the written request of any two
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members of the board. Said board shall adopt a seal, which must be affixed to all licenses issued by the board. The board shall, from time to time, adopt such rules and regulations as they may deem necessary for the performance of their duties, and shall examine and pass upon the qualifications of the applicants for the practice of applied psychology as herein provided. Three members of the board shall at all times constitute a quorum. The board shall be empowered to hire such clerical assistance as is necessary to carryon its activities, within the limited funds available to the board.

Section 6. Practice of applied psychology without license prohibited: exceptions: If any person shall hold himself out to the public as being engaged in the practice of applied psychology and shall not then possess in full force and virtue a valid license to practice applied psychology under the laws of this State, he shall be deemed to be practicing applied psychology without complying with the provisions of this Chapter, and in violation thereof. Nothing in this Act shall be constructed to limit the activities and services of a person in the employ of or serving for an established and recognized religious organization, an established and recognized social welfare agency, or the use of psychological techniques by organizations engaged in business, commerce or industry, or by persons within their salaried employ provided that the title "applied psychologist" is not used by a person not licensed and that the professional practice of psychology is not implied by a person not licensed under this Act. Persons employed in Federal, State, county, or municipal agencies, or in chartered educational institutions or who are students in training in chartered educational institutions are exempted when practicing in their agencies, or institutions, as are technicians, assistants or internes working under the supervision of licensed individuals.

Section 7. License to practice applied psychology:

how to obtain: qualifications of applicants: Any per-

son wishing to obtain the right to practice applied

psychology in this State, who has not heretofore been

licensed so to do, shall, before it shall be lawful for him

to practice applied psychology in this State, make appli-

cation to the State Board of Examiners of Psychologists

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through the Joint-Secretary, State upon such form and in such manner

Examining as shall be

Boards, adopted

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and prescribed by the board, and obtain from the board a license so to do. Unless such a person has obtained

(") a license as aforesaid, it shall be unlawful for him to

I practice, and if he shall practice applied psychology

~. without first having obtained such a license, he shall

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be deemed to have violated the provision of this Chapter. A candidate for such license shall furnish the board with satisfactory evidence that he (a) is of good moral character; (b) is a citizen of the United States or has legally declared his intention of becoming one; (c) has received a degree of doctor of philosophy in psycholog'y from an accredIted educational instttution recognized by the board as maintaining satisfactory standards, or, in lieu of said degree, a doctorate degree in a closely allied field if it is the opinion of the board that the training required therefor is substantially similar; (d) has had at least one year of experience in applied psychology of a type considered by the board to be qualifying in nature; (e) is competent in applied psychology, as shown by passing such examinations, written or oral, or both, as the board deems necessary; and (f) has not within the preceding six months failed an examination given by the board: Provided that the board may at its discretion accept satisfactory substitute training and experience in lieu of that prescribed in Subsections (c) and (d) of Section 7.
Section 8. Examination of applicants for licenses to practice applied psychology: Examination of applicants for a license to practice applied psychology shall be made by the Board of Examiners of Psychologists at least once a year according to methods and in such subject fields as may be deemed by the board to be the most practical and expeditious to test the applicant's qualifications. The board shall require the examination to be written or oral, or both, provided that in any written examination such applicant shall be designated by a number instead of his name so that his identity shall not be disclosed to the members of the board until the examination papers have been graded. The board shall grade the written examinations returned by the candidates and shall keep them for at least one year. A candidate shall be held to have passed the examination upon the affirmative vote of three or more members of the board. Any unsuccessful candidate may upon written request to the board, see his graded paper.
Section 9. Licensure under special conditions: For a period of two years from the effective date of this Act the board may waive either an assembled examination or the requirements of Subdivision (c) of Section 7, or both, if it deems such action to be in public interest; and may grant a license upon payment of the required fee to any person who meets the requirements of Subdivisions (a) and (b) of Section 7, who is qualified by experience to practice applied psychology, and who has engaged in such practice of a nature satisfactory
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to the board for at least three years full time, or its

(

equivalent, within three years following the effective

date of this Act. The board may also grant a license

without an assembled examination to any person resid-

ing or employed in the State who at the time of appli-

cation is licensed or certified by a similar board of

another State whose standards, in the- opinion of the

board, are not lower than those required by this Act,

or who has been practicing psychology in another State

and has qualifications not lower than those required

by this Act, and is able to satisfy the board that to

grant him a license would be in the public interest,

or who has been certified by the American Board of

Examiners in Professional Psychology.

Section 10. Temporary licenses, issuance to appli cants to practice: In the discretion of the Joint-Secretary, State Examining Boards, with the approval of the President of the State Board of Examiners of Psychologists, he may issue a temporary license to an applicant for a permanent license. Said temporary license shall have the same force and effect as a permanent license until the board has rejected or approved the application for a permanent license. Said temporary license shall not be recorded.

Section 11. Suspension, refusal, or revocation of license to practice applied psychology: grounds: The Board of Examiners of Psychologists may refuse to grant a license to practice applied psychology, or may suspend any such license for a definite period not to exceed one year, or may cause a licentiate's name to be removed from the office of any clerk of court, on the grounds to wit: the employment of fraud or deception in applying for a license or in passing the examination provided for in this Chapter; conviction of felony; the practice of applied psychology under a false or assumed name or the impersonation of another practitioner of a like or different name; habitual intemperance in the use of
ardent spirits, narcotics, or stimulants to such an extent
as to incapacitate him for the performance of his duties; or negligence or wrongful actions in the performance of his duties. Said board may, upon satisfactory proof made that any applicant or licentiate has been guilty
of any of the above enumerated offenses, refuse to grant a license to said applicant or may revoke a license of said licentiate upon a vote of at least four members of the board. After three years from the date of a revocation, an application for reinstatement may be made to the board, and it may, upon favorable action by four of its members, grant such reinstatement.

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Section 12. Hearing on refusal, revocation, suspension of license: The board may not suspend or revoke or refuse to issue or to renew any license for any cause listed in Section 11, unless the person accused has been given at least twenty days. notice in writing of the charge against him and a public hearing by the "board. The written notice shall be mailed to the person's last known address, but the non-appearance of the person shall not prevent such a hearing. Upon such a hearing the board may administer oath and procure by its subpoenas the attendance of witness and the production of relevant books and papers.
Section 13. Appeal from the board's ruling on licenses: Any person whose license has been revoked or suspended by the board may appeal to the Fulton Circuit Court for a trial de novo by filing with the clerk a certified copy of the charge heard by the board and his petition requesting a trial. The board shall make certified copies of any charges upon demand of the applicant. When the copy of the charge is lodged with the clerk of the Fulton Circuit Court and the required deposit of court cost is paid within ten days after the board's findings, the appeal shall be considered perfected and shall be docketed and stand for trial. No such appeal shall operate as a supersedeas to such revocation or suspension.
Section 14. Recording of licenses to practice applied psychology: Before any person who obtains a license from the Board of Examiners of Psychologists may lawfully practice in this State, he shall cause the said license to be recorded in the office of the clerk of the superior court of the county in which he resides. The license shall be recorded by the clerk in a book kept for that purpose and shall be indexed in the name of the person to whom the license is granted. The clerk's fee for recording the license shall be the same as for recording a deed. The clerk shall make a report to the JointSecretary, State Examining Boards, on December 31 of each year on licenses registered with him. Each applicant receiving a license from the board shall cause the same to be registered within thirty days.
Section 15. License fees": There shall be paid to the Joint-Secretary, State Examining Boards, by each applicant for license by examination, an initial fee of ten
dollars. If the applicant is found eligible for licensure,
he shall pay an additional fee of fifteen dollars prior to
the granting of the license. A fee of ten dollars shall
be charged for issuing a temporary license or a license
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by reciprocity. No part of any fee shall be returnable under any circumstance.
Section 16. Renewal of licenses: During the month of January of each year, every license holder shall apply to the board for a renewal of his license and if, at the discretion of the Board, the license is renewed, he shall pay to the Board a renewal fee of three dollars and shall receive a renewal license. Any license shall be canceled if the holder fails to secure the renewal license within three months after the renewal date, but any license so canceled by default may be restored by the Board upon payment of a fee of ten dollars, within one year after cancellation.
Section 17. Issuance of license to practice applied psychology: duty of Joint-Secretary to aid in prosecution: The Board of Examiners of Psychologists shall have authority to administer oaths, to summon witnesses, and to take testimony in all matters relating to its duties. Said board shall issue licenses to practice applied psychology to all persons who shall present satisfactory evidence of attainments and qualifications under provisions of this chapter and the rules and regulations of the board. Such licenses shall be signed by the President of the Board of Examiners of Psychologists and attested by the Joint-Secretary, State Examining Boards, under the board's adopted seal, and it shall give absolute authority to the person to whom it is issued to practice applied psychology in this State. It shall be the duty of the Joint-Secretary under the direction of the board to aid the solicitors in the enforcement of this Chapter and the prosecution of all persons charged with the violation of its provisions.
Section 18. Privileged communications: For the purpose of this Chapter, the confidential relations and communications between licensed applied psychologist and client are placed upon the same basis as those provided by law between attorney and client, and nothing in this Chapter shall be construed to require any such privileged communication to be disclosed.
Section 19. Use of title: No person shall use the title "Licensed Applied Psychologist" in this State without a license granted by said Board of Examiners of Psychologists and signed by same. No person not licensed as provided in this Act shall designate himself or his eccupation by the words "Licensed Applied Psychologist", nor shall such person designate himself by any other term or title which implies that he is practicing professional psychology, unless he has a valid license.
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Section 20. Penalties: Any person who violates any of the provisions of this Act shall be guilty of a misdemeanor and upon conviction shall be fined no less than one hundred dollars nor more than five hundred dollars for such violation.
Section 21. Effective date: This Act shaH take dfeet si~ty days from the -date o{ its passage~:,
Approved February 21, 1951.
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