PROPOSED RULEMAKING
STATE BOARD OF PSYCHOLOGY
[49 PA. CODE CH. 41]
Computerized Examinations
[31 Pa.B. 6546] The State Board of Psychology (Board) proposes to amend §§ 41.41, 41.42 and 41.52 (relating to examinations; reexamination; and persons licensed in other states) to account for examination changes necessitated by the computerization of the National portion of the licensure examination.
Background and Purpose
Effective April 1, 2001, applicants for licensure have been able to take the National portion of the examination by computer, rather than paper and pencil. Due to the number of items in the item bank, applicants for this National examination are able to take the examination four times a year but must wait 60 days between administrations. Applicants from this Commonwealth, however, are precluded from taking these National portions of the examination as frequently due to limitations in current § 41.42.
The State portion of the examination is still a paper and pencil examination, however efforts are being made to computerize the examination. It is currently being given two times a year, however, the number of administrations will also increase once the examination is computerized.
Statutory Authority
The amendments are proposed under the authority of section 3.2(1) of the Professional Psychologists Practice Act (63 P. S. § 1203.2(1)).
Proposed Amendments
Current § 41.41(a) explains that the written examination was developed by the Association of State and Provincial Psychology Boards (ASPPB). Current subsection (b) explains that a professional testing organization administers the examination and current subsection (c) addresses the Boards policy to accommodate persons with handicapping conditions. The Board proposes to amend subsection (a) to clarify that the examination is composed of both a National and a State portion. The Board proposes to delete subsections (b) and (c) since these provisions are governed by the Third Party Testing Law (71 P. S. § 279.3a(a)) and the Equal Opportunity for Individuals with Disabilities Act (42 U.S.C.A. §§ 12101--12213). The Board has also proposed to delete the reference to ASPPB from the regulations to save the Board from amending the regulations in the event that another association prepares the National examination.
Current § 41.42(a) contains the examination requirements for applicants who fail the examination two times. Subsection (b) contains the reexamination requirements for applicants who fail more than two times. Since the requirements in subsections (a) and (b) are substantially similar, in proposed form, the Board consolidated the reexamination requirement into subsection (a). Proposed subsection (d) would be amended to track an applicant's ability to take the National portion of the examination up to four times each year at 60-day intervals. As such, the Board proposes to delete the requirement in current subsection (b), that applicants wait for 1 year prior to being reexamined after a second failure and the requirement in subsection (d) that prohibited the applicant from taking the examination more than four times in 8 years.
Fiscal Impact and Paperwork Requirements
The proposed amendments will have no fiscal impact and will not create additional paperwork on licensees, the private sector, the general public or political subdivisions.
Compliance with Executive Order 1996-1
In compliance with Executive Order 1996-1, the Board extended an invitation to the following boards, associations and interested licensees and educators to preliminarily review and comment on the Board's draft regulatory proposal: National Association of School Psychologists; Association of School Psychologists of Pennsylvania; Pennsylvania Mental Health Consumer's Association; Pennsylvania Psychological Association; Northwestern PA Psychological Association; Philadelphia Society of Clinical Psychologists; Philadelphia Neuropsychology Society; Northeastern PA Psychological Association; Mideast PA School Psychological Association; Lehigh Valley Psychological Association; Laurel Mountains Psychological Association; Lancaster/Lebanon Psychological Association; Harrisburg Area Psychological Association; Greater Pittsburgh Psychological Association; Delaware County Association of School Psychologists; Central Pennsylvania Psychological Association; Berks Area Psychological Society; Academy of Psychologists Engaged in Private Practice in the Lehigh Valley; Hospital and Healthsystem Association of Pennsylvania; and Philadelphia Society of Clinical Psychologists.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on November 14, 2001, the Board submitted a copy of this proposed rulemaking to the Independent Regulatory Review Commission (IRRC), the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) and the House Professional Licensure Committee (HPLC). In addition to submitting the proposed rulemaking, the Board has provided IRRC, SCP/PLC and HPLC with a copy of a detailed Regulatory Analysis Form prepared by the Board in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act (71 P. S. § 745.5(g)), if IRRC has objections to any portion of the proposed rulemaking, it will notify the Board within 10 days of the close of the SCP/PLC and HPLC review period. The notification shall specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, of objections by the Board, the General Assembly and the Governor prior to publication of the final-form regulations.
Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding this proposed rulemaking to Judith Pachter Schulder, Counsel, State Board of Psychology, P. O. Box 2649, Harrisburg, PA 17105-2649; (717) 783-7200, www.state.pa.us., within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.
ALEX M. SIEGEL, J.D., Ph.D.,
ChairpersonFiscal Note: 16A-6310. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND
VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND
OCCUPATIONAL AFFAIRS
CHAPTER 41. STATE BOARD OF PSYCHOLOGY
EXAMINATIONS § 41.41. Examinations.
[(a)] The [Board has adopted the written] examination [developed by the Association of State and Provincial Psychology Boards, which] is composed of a National and State portion. [given at regularly scheduled times and places specified by the Board.] Applicants shall obtain a passing score [as established by the Board] to qualify for licensure. Information about the content of the examination is available from the Board office.
[(b) The Board reserves the right to direct the professional testing organization responsible for administering its examination to adopt alternative or additional examination procedures such as simulation techniques; other written examinations; essay or oral examinations; submission of work samples to demonstrate knowledge or skills in specified areas of psychology; and demonstration of familiarity with ethical, statutory or regulatory requirements bearing on the practice of psychology. The Board will exercise this right only in conformity with section 812.1 of the act of April 9, 1929 (P. L. 177, No. 175), known as the Third-Party Testing Law (71 P. S. § 279.3a(a)). Notice of substantive changes in the licensing examination will be given at least 6 months before the first administration of the new examination.
(c) It is the policy of the Board to accommodate persons with handicapping conditions who qualify to take the licensing examination.]
§ 41.42. Reexamination.
(a) After first-time failure, candidates may [take a second examination] be reexamined, upon filing an updated application and paying the reapplication [and examination fees] fee specified in § 41.21 (relating to fees)[, but only after the expiration of 6 months and within 2 years following the first examination date].
(b) [After two unsuccessful examinations, applicants] Applicants may reapply [for admission to the licensing] to take any portion of the examination, but shall satisfy conditions prevailing at the time of the reapplication, including administrative, education and experience requirements. [The Board will permit applicants to retake the examination after a second failure only within 2 years after a 12-month interval has elapsed. The applicant shall file the verification of experience form included in the application packet and shall pay the reapplication and examination fees specified in § 41.12. After a third failure, applicants may retake the examination under the conditions in subsection (a).]
* * * * * (d) No applicant will be permitted to sit for more than four examinations in any [8] 1-year period. Applicants shall wait at least 60 days between examinations.
MISCELLANEOUS § 41.52. Persons licensed in other states.
* * * * * (b) An applicant who has passed the [written] National portion of the examination [prepared by the Association of State and Provincial Psychology Boards] with a score equivalent to or higher than the passing score then prevailing in this Commonwealth will not be required to repeat this portion of the examination.
* * * * *
[Pa.B. Doc. No. 01-2127. Filed for public inspection November 30, 2001, 9:00 a.m.]
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