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    Statutes

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    Missouri Revised Statutes

    Missouri Revised Statutes

    Chapter 337 Psychologists Professional Counselors Social Workers

    Chapter 338 Pharmacists and Pharmacies

    Chapter 344 Nursing Home Administrators

    Chapter 345 Speech Pathologists and Audiologists

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    Missouri Revised Statutes

    TITLE XXII

    OCCUPATIONS AND PROFESSIONS

    August 28, 2009

    Chapter 337 -- PsychologistsProfessional CounselorsSoci

    Workers

    Section 337.010. Denitions.

    Section 337.015. Practice of psychology regulatedpractice of psychology, dened.

    Section 337.020. Temporary, provisional or permanent licenses, application, qualications,

    examinations, fees.

    Section 337.021. Educational and experience requirements for licensure, certain persons.

    Section 337.025. Educational and experience requirements for licensure, certain persons.

    Section 337.027. Educational requirements deemed met, when.

    Section 337.029. Licenses based on reciprocity to be issued, whenhealth service provider

    certication eligibility.

    Section 337.030. License renewal, registration fee, proof of compliancelate registration, penalty

    lost certicate, how replacedfees, amount how setinactive license issued, when.

    Section 337.033. Limitations on areas of practicerelevant professional education and training

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    denedcriteria for program of graduate studyhealth service provider certication, requiremen

    for certain persons automatic certication for certain persons.

    Section 337.035. Denial, revocation, or suspension of license, grounds forinterested third party

    dened.

    Section 337.041. Discrimination prohibited.

    Section 337.045. Exempted professions and occupationstemporary practice authorized.

    Section 337.050. State committee of psychologists createdmembers, qualications, compensatio

    removalrules, procedurepowers of committee, seal continuing education, proof of completi

    submitted with license renewal, types of continuing education, committee powers.

    Section 337.055. Privileged communications, when.

    Section 337.060. Licensed psychologists not to practice medicine.

    Section 337.065. Violations, penalty, refund of feesduties of committeeinjunction civil

    immunity, whenvenue.

    Section 337.068. Complaints of prisonersdisposition of certain records.

    Section 337.070. Local governments prohibited from taxing or licensing psychologists.

    Section 337.085. Fees, collection, disposition, use.

    Section 337.090. License or directory not to include degree on which license was issued.

    Section 337.093. Application of law.

    Section 337.500. Denitions.

    Section 337.503. Discrimination in promulgation of regulations prohibited.

    Section 337.505. License requiredexempted professions and occupations.

    Section 337.507. Applications, contents, feesfailure to renew, effectreplacement certicates

    whenfund establishedexamination, when, notice.

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    Section 337.510. Education, experience requirements for licensurereciprocity provisional

    professional counselor license issued, when, requirementsrenewal license fee.

    Section 337.515. License expiration, renewal, fees.

    Section 337.520. Rules and regulations, procedure.

    Section 337.525. Grounds for refusal, revocation or suspension of licensecivil immunity, when

    procedure upon ling complaint.

    Section 337.528. Condentiality of compliant documentation, when-destruction of information

    permitted, when.

    Section 337.530. Violations, penaltyrefund of fees for servicesduties of department

    injunctions, grounds forvenue.

    Section 337.535. Committee establishedqualications of members, termscompensation

    meetings, quorumremoval of members.

    Section 337.540. Privileged communications, when.

    Section 337.600. Denitions.

    Section 337.603. License requiredexemptions from licensure.

    Section 337.604. Title of social worker, requirements to use title.

    Section 337.612. Applications, contents, feefund establishedrenewal, feelost certicate, ho

    replaced.

    Section 337.615. Education, experience requirementsreciprocity licenses issued, when.

    Section 337.618. License expiration, renewal, fees, continuing education requirement.

    Section 337.621. Temporary permits.

    337.622. State committee for social workersmembership, removal and vacancies.

    Section 337.627. Rules and regulations, procedure.

    Section 337.630. Grounds for refusal, revocation or suspension of licensecivil immunity, when

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    procedure upon ling complaint.

    Section 337.633. Violations, penaltyrefund of fees for serviceduties of departmentinjunctio

    grounds forvenue.

    Section 337.636. Privileged communications, when.

    Section 337.642. Discrimination against social workers in promulgation of rules prohibited.

    Section 337.643. Licensure required for use of title--practice authorized.

    Section 337.644. Application, contents--reciprocity--issuance of license, when.

    Section 337.645. Application information required--issuance of license, when.

    Section 337.646. License required for use of title.

    Section 337.649. Documention and discriplinary action prohibited, when--request to destroy

    documentation permitted, when--disclosure of compliant not required, when.

    Section 337.653. Baccalaureate social workers, license required, permitted activitiy.

    Section 337.662. Application for licensure, contentsrenewal noticesreplacement certicates

    provided, whenfees set by committee.

    Section 337.665. Information required to be furnished committee--reciprocity, when--certicate t

    practice independently issued, when.

    Section 337.671. Temporary permits issued, when.

    Section 337.683. Violations, penaltycommittee may sue, whenactions permitted to be enjoine

    Section 337.689. Licensees may be compelled to testify.

    Section 337.700. Denitions.

    Section 337.703. License required, exceptions.

    Section 337.706. License required, exception for persons licensed in other state.

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    Section 337.709. Laws not to be construed to require employment of marital and family therapist

    Section 337.712. Licenses, application, oath, feelost certicatesfund.

    Section 337.715. Qualications for licensure, exceptions.

    Section 337.718. License expiration, renewal feetemporary permits.

    Section 337.727. Rulemaking authority, procedure.

    Section 337.730. Refusal to issue or renew, grounds, notice, rights of applicantcomplaints le

    with administrative hearing commission.

    Section 337.733. Violations of marital and family therapists law, penaltyattorney general, duties

    injunctionsvenue.

    Section 337.736. Condentiality, exceptions.

    Section 337.739. Committee, members, qualications, terms, meetings, expenses, removal.

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    Missouri Revised Statutes

    Section 337.010

    Denitions.

    37.010 As used in sections 337.010 to

    37.090 the following terms mean:

    1) "Committee", the state committee of

    sychologists;

    2) "Department", the department of insur-

    nce, nancial institutions and professional

    egistration;

    3) "Division", the division of professional

    egistration;

    4) "Licensed psychologist", any person who

    ffers to render psychological services tondividuals, groups, organizations, institu-

    ions, corporations, schools, government

    gencies or the general public for a fee,

    monetary or otherwise, implying that such

    erson is trained, experienced and licensed to

    ractice psychology and who holds a current

    nd valid, whether temporary, provisional or

    ermanent, license in this state to practice

    sychology;

    5) "Provisional licensed psychologist", any

    erson who is a graduate of a recognized

    ducational institution with a doctoral degreen psychology as dened in section 337.025,

    nd who otherwise meets all requirements to

    ecome a licensed psychologist except for

    assage of the licensing exams, oral examina-

    ion and completion of the required period of

    ostdegree supervised experience as specied

    n subsection 2 of section 337.025;

    6) "Recognized educational institution":

    a) A school, college, university or other insti-

    ution of higher learning in the United States,

    which, at the time the applicant was enrolled

    nd graduated, had a graduate program in

    sychology and was accredited by one of the

    egional accrediting associations approved by

    he Council on Postsecondary Accreditation;

    r

    b) A school, college, university or other

    nstitution of higher learning outside the

    United States, which, at the time the applicant

    was enrolled and graduated, had a graduate

    program in psychology and maintained a

    standard of training substantially equivalent

    to the standards of training of those programs

    accredited by one of the regional accredit-

    ing associations approved by the Council of

    Postsecondary Accreditation;

    (7) "Temporary license", a license which is

    issued to a person licensed as a psycholo-

    gist in another jurisdiction, who has applied

    for licensure in this state either by reciproc-

    ity or endorsement of the score from the

    Examination for Professional Practice in

    Psychology, and who is awaiting either a nal

    determination by the committee relative to

    such person's eligibility for licensure or who

    is awaiting the results of the jurisprudence

    examination or oral examination.

    (L. 1977 H.B. 255 1, A.L. 1981 S.B. 16,A.L. 1989 H.B. 738 & 720, A.L. 1998 H.B.

    1601, et al. merged with S.B. 732, A.L. 2008

    S.B. 788)

    Section 337.015

    Practice of psychology regu-

    lated--practice of psychology,

    dened.

    337.015 1. No person shall represent himself

    as a psychologist in the state of Missouri un-

    less he is validly licensed and registered un-

    der the provisions of this chapter. No person

    shall engage in the practice of psychology

    in the state of Missouri unless he is validly

    licensed and registered under the provisions

    of this chapter unless otherwise exempt

    under the provisions of sections 337.010 to

    337.090.

    2. A person represents himself as a "psy-

    chologist" within the meaning of this chapter

    when he holds himself out to the public by

    any title or description of services incorporat-

    ing the words "psychology", "psychological",

    or "psychologist", or any term of like import,

    "psychometry", "psychometrics", "psy-

    chometrist", "psychotherapy", "psychothera-

    pists", "psychoanalysis", "psychoanalyst", or

    variants thereof or when the person purports

    to be trained, experienced or an expert in the

    eld of psychology, and offers to render or

    renders services as dened below to indiv

    als, groups, organizations, or the public f

    fee, monetary or otherwise; provided, ho

    ever, that professional counselors license

    to practice under this chapter, or a physic

    licensed to practice pursuant to chapter 3

    RSMo, who specializes in psychiatry, mause any of such terms except "psycholog

    "psychological", or "psychologist" so lon

    such is consistent with their respective lic

    ing laws.

    3. The "practice of psychology" within th

    meaning of this chapter is dened as the

    observation, description, evaluation, inter

    tation, treatment, and modication of hum

    behavior by the application of psycholog

    principles, methods, and procedures, for

    purpose of preventing, treating, or elimin

    ing symptomatic, maladaptive, or undesirbehavior and of enhancing interpersonal

    relationships, work and life adjustment,

    personal effectiveness, behavioral health

    mental health. The practice of psycholog

    includes, but is not limited to, psychomet

    or psychological testing and the evaluatio

    assessment of personal characteristics, su

    as intelligence, personality, abilities, inter

    aptitudes, and neuropsychological functio

    ing; counseling, psychoanalysis, psycho-

    therapy, hypnosis, biofeedback, and beha

    analysis and therapy; diagnosis and treatm

    of mental and emotional disorder or disabity in both inpatient and outpatient settin

    alcoholism and substance abuse, disorder

    habit or conduct, as well as the psycholog

    aspects of physical illness, accident, injur

    or disability; psychoeducational evalua-

    tion, therapy, remediation, and consultati

    and teaching and training of psychologic

    competence. Psychological services may

    rendered to individuals, families, groups,

    and the public. The practice of psycholog

    shall be construed within the meaning of

    denition without regard to whether paym

    is received for services rendered.

    4. The application of these principles and

    methods includes, but is not restricted to:

    diagnosis, prevention, treatment, and ame

    ration of adjustment problems and emotio

    and mental disturbances of individuals an

    groups; hypnosis; counseling; educationa

    and vocational counseling; personnel sele

    tion and management; the evaluation and

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    Statutes

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    Missouri Revised Statutes

    lanning for effective work and learning

    ituations; advertising and market research;

    nd the resolution of interpersonal and social

    onicts.

    L. 1977 H.B. 255 2, A.L. 1981 S.B. 16,

    A.L. 1989 H.B. 738 & 720)

    Section 337.020

    Temporary, provisional or

    permanent licenses, applica-

    ion, qualications, examina-

    ions, fees.

    37.020 1. Each person desiring to obtain

    license, whether temporary, provisionalr permanent, as a psychologist shall make

    pplication to the committee upon such forms

    nd in such manner as may be prescribed

    y the committee and shall pay the required

    pplication fee. The application fee shall not

    e refundable. Each application shall contain

    statement that it is made under oath or af-

    rmation and that its representations are true

    nd correct to the best knowledge and belief

    f the person signing the application, subject

    o the penalties of making a false afdavit or

    eclaration.

    . Each applicant, whether for temporary,

    rovisional or permanent licensure, shall

    ubmit evidence satisfactory to the committee

    hat the applicant is at least twenty-one years

    f age, is of good moral character, and meets

    he appropriate educational requirements as

    et forth in either section 337.021 or 337.025,

    r is qualied for licensure without examina-

    ion pursuant to section 337.029. In deter-

    mining the acceptability of the applicant's

    ualications, the committee may require

    vidence that it deems reasonable and proper,

    n accordance with law, and the applicant

    hall furnish the evidence in the manner

    equired by the committee.

    . The committee with assistance from the

    ivision shall issue a permanent license to

    nd register as a psychologist any applicant

    who, in addition to having fullled the other

    equirements of sections 337.010 to 337.090,

    asses the examination for professional prac-

    ice in psychology and such other examina-

    tions in psychology which may be adopted

    by the committee, except that an applicant

    fullling the requirement of section 337.029

    shall upon successful completion of the

    jurisprudence examination and completion of

    the oral examination be permanently licensed

    without having to retake the examination forprofessional practice in psychology.

    4. The committee, with assistance from the

    division, shall issue a provisional license to,

    and register as being a provisionally licensed

    psychologist, any applicant who is a graduate

    of a recognized educational institution with a

    doctoral degree in psychology as dened in

    section 337.025, and who otherwise meets all

    requirements to become a licensed psycholo-

    gist, except for passage of the national and

    state licensing exams, oral examination and

    completion of the required period of post-degree supervised experience as specied in

    subsection 2 of section 337.025.

    5. A provisional license issued pursuant to

    subsection 4 of this section shall only autho-

    rize and permit the applicant to render those

    psychological services which are under the

    supervision and the full professional respon-

    sibility and control of such person's postdoc-

    toral degree licensed supervisor. A provi-

    sional license shall automatically terminate

    upon issuance of a permanent license, upon a

    nding of cause to discipline after notice andhearing pursuant to section 337.035, upon the

    expiration of one year from the date of issu-

    ance whichever event rst occurs, or upon

    termination of supervision by the licensed

    supervisor. The provisional license may be

    renewed after one year with a maximum

    issuance of two years total per provisional

    licensee. The committee by rule shall provide

    procedures for exceptions and variances from

    the requirement of a maximum issuance of

    two years due to vacations, illness, pregnancy

    and other good causes.

    6. The committee, with assistance from the

    division, shall immediately issue a temporary

    license to any applicant for licensure either

    by reciprocity pursuant to section 337.029, or

    by endorsement of the score from the exami-

    nation for professional practice in psychol-

    ogy upon receipt of an application for such

    licensure and upon proof that the applicant is

    either licensed as a psychologist in another

    jurisdiction, is a diplomate of the American

    Board of Professional Psychology, or is a

    member of the National Register of Heal

    Services Providers in Psychology.

    7. A temporary license issued pursuant to

    subsection 6 of this section shall authoriz

    the applicant to practice psychology in thstate, the same as if a permanent license h

    been issued. Such temporary license shal

    issued without payment of an additional f

    and shall remain in full force and effect u

    the earlier of the following events:

    (1) A permanent license has been issued t

    the applicant following successful compl

    of the jurisprudence examination and the

    interview examination;

    (2) In cases where the committee has fou

    the applicant ineligible for licensure and appeal has been taken to the administrati

    hearing commission, then at the expiratio

    such appeal time; or

    (3) In cases where the committee has fou

    the applicant ineligible for licensure and

    applicant has taken an appeal to the admi

    trative hearing commission and the admi

    trative hearing commission has also foun

    applicant ineligible, then upon the renditi

    by the administrative hearing commissio

    its ndings of fact and conclusions of law

    such effect.

    8. Written and oral examinations pursuan

    sections 337.010 to 337.090 shall be adm

    istered by the committee at least twice ea

    year to any applicant who meets the educ

    tional requirements set forth in either sec

    337.021 or 337.025 or to any applicant w

    is seeking licensure either by reciprocity

    suant to section 337.029, or by endorsem

    of the score from the examination of prof

    sional practice in psychology. The comm

    shall examine in the areas of professiona

    knowledge, techniques and applications,

    research and its interpretation, profession

    affairs, ethics, and Missouri law and regu

    tions governing the practice of psycholog

    The committee may use, in whole or in p

    the examination for professional practice

    psychology national examination in psyc

    ogy or such other national examination in

    psychology which may be available.

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    . If an applicant fails any examination, the

    pplicant shall be permitted to take a subse-

    uent examination, upon the payment of an

    dditional reexamination fee. This reexami-

    ation fee shall not be refundable.

    L. 1977 H.B. 255 3, A.L. 1981 S.B. 16,

    A.L. 1989 H.B. 738 & 720, A.L. 1995 S.B.

    9, et al., A.L. 1996 S.B. 604, et al., A.L.

    997 S.B. 141, A.L. 1998 H.B. 1601, et al.

    merged with S.B. 732)

    Section 337.021

    Educational and experience

    requirements for licensure,

    certain persons.

    37.021 1. The provisions of this section

    hall govern, except as provided in subsection

    of this section, the education and experi-

    nce requirements for initial licensure as a

    sychologist for the following persons:

    1) A person who has completed a graduate

    rogram which is primarily psychological in

    ature prior to August 28, 1990; or

    2) A person who is matriculated in a gradu-

    te program which is primarily psychologicaln nature prior to August 28, 1990; provided

    hat, such person who does not complete

    ll requirements for initial licensure prior

    o August 28, 1996, except as provided in

    ubsections 5 and 6 of this section, shall be

    overned by the licensure requirements of

    ection 337.025.

    . Each applicant shall submit evidence sat-

    sfactory to the committee that the applicant

    ither:

    1) Has received a doctoral degree, based

    pon a program of studies from a recognized

    ducational institution the contents of which

    were primarily psychological, as dened by

    ule, and who has had at least one year of sat-

    sfactory supervised professional experience

    n the general eld of psychology, as dened

    y rule; or

    2) Received a master's degree, based upon a

    rogram of studies from a recognized educa-

    tional institution the contents of which were

    primarily psychological, as dened by rule,

    and who has had at least three years of satis-

    factory professional experience in the general

    eld of psychology, as dened by rule.

    3. Notwithstanding the provisions of subsec-tion 1 of this section, an applicant who has

    received a doctoral degree from a graduate

    program which is primarily psychological in

    nature prior to August 28, 1990, may elect at

    the applicant's option to have the applicant's

    application and licensure evaluated pursuant

    to the provisions of either section 337.021 or

    337.025.

    4. The rules referred to in subsection 2 of

    this section shall be those rules as previously

    promulgated by the department pursuant

    to the provisions of sections 337.020 and337.050 as were in force and effect on August

    28, 1989.

    5. Notwithstanding any provision of sec-

    tion 337.025 or this section to the contrary,

    any person who qualies for initial licensure

    pursuant to subdivision (2) of subsection 2

    of this section that has taken the Missouri

    licensing examination but has not received a

    passing score on the licensing examination

    before August 28, 1996, shall be allowed the

    same amount of attempts, within the same

    allotted time, to pass such examination as aperson who meets the requirements for initial

    licensure pursuant to subdivision (1) of sub-

    section 2 of this section.

    6. As used in sections 337.010 to 337.090,

    initial licensure refers only to the educational

    and experience requirements set forth in

    subsection 2 of this section, such that initial

    licensure shall not include passage of any

    examination given for the purposes of full

    licensure under section 337.020.

    (L. 1989 H.B. 738 & 720, A.L. 1997 S.B.

    141, A.L. 1998 S.B. 732)

    Section 337.025

    Educational and experience

    requirements for licensure,

    certain persons.

    337.025 1. The provisions of this section

    shall govern the education and experienc

    quirements for initial licensure as a psych

    gist for the following persons:

    (1) A person who has not matriculated ingraduate degree program which is primar

    psychological in nature on or before Aug

    28, 1990; and

    (2) A person who is matriculated after Au

    28, 1990, in a graduate degree program d

    signed to train professional psychologists

    2. Each applicant shall submit satisfactor

    evidence to the committee that the applic

    has received a doctoral degree in psychol

    from a recognized educational institution

    and has had at least one year of satisfactosupervised professional experience in the

    eld of psychology.

    3. A doctoral degree in psychology is de

    as:

    (1) A program accredited, or provisionall

    accredited, by the American Psychologic

    Association; or

    (2) A program designated or approved, in

    cluding provisional approval, by the Ame

    can Association of State Psychology Boaor the Council for the National Register o

    Health Service Providers in Psychology,

    both; or

    (3) A graduate program that meets all of t

    following criteria:

    (a) The program, wherever it may be adm

    istratively housed, shall be clearly identi

    and labeled as a psychology program. Su

    a program shall specify in pertinent instit

    tional catalogues and brochures its intent

    educate and train professional psycholog

    (b) The psychology program shall stand a

    recognizable, coherent organizational ent

    within the institution of higher education

    (c) There shall be a clear authority and pr

    mary responsibility for the core and spec

    areas whether or not the program cuts acr

    administrative lines;

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    d) The program shall be an integrated, orga-

    ized, sequence of study;

    e) There shall be an identiable psychology

    aculty and a psychologist responsible for the

    rogram;

    f) The program shall have an identiable

    ody of students who are matriculated in that

    rogram for a degree;

    g) The program shall include a supervised

    racticum, internship, eld, or laboratory

    raining appropriate to the practice of psy-

    hology;

    h) The curriculum shall encompass a mini-

    mum of three academic years of full-time

    raduate study, with a minimum of one year'sesidency at the educational institution grant-

    ng the doctoral degree; and

    i) Require the completion by the applicant

    f a core program in psychology which shall

    e met by the completion and award of at

    east one three-semester-hour graduate credit

    ourse or a combination of graduate credit

    ourses totaling three semester hours or ve

    uarter hours in each of the following areas:

    . The biological bases of behavior such as

    ourses in: physiological psychology, com-arative psychology, neuropsychology, sensa-

    ion and perception, psychopharmacology;

    . The cognitive-affective bases of behavior

    uch as courses in: learning, thinking, moti-

    ation, emotion, and cognitive psychology;

    . The social bases of behavior such as

    ourses in: social psychology, group process-

    s/dynamics, interpersonal relationships, and

    rganizational and systems theory;

    . Individual differences such as courses in:

    ersonality theory, human development, ab-

    ormal psychology, developmental psychol-

    gy, child psychology, adolescent psychol-

    gy, psychology of aging, and theories of

    ersonality;

    . The scientic methods and procedures of

    nderstanding, predicting and inuencing

    uman behavior such as courses in: statistics,

    xperimental design, psychometrics, individ-

    ual testing, group testing, and research design

    and methodology.

    4. Acceptable supervised professional experi-

    ence shall consist of a minimum of fteen

    hundred hours of professional experience ob-

    tained in not less than twelve nor more thantwenty-four consecutive calendar months. In

    no case shall this experience be accumulated

    at a rate of less than twenty hours per week

    nor more than fty hours per week. Postdoc-

    toral supervised professional experience for

    prospective health service providers shall in-

    volve and relate to the delivery of psycholog-

    ical health services. Postdoctoral supervised

    professional experience for other applicants

    shall be in accordance with professional

    requirements and relevant to the applicant's

    intended area of practice.

    5. Postdoctoral experience for those appli-

    cants who intend to seek health service pro-

    vider certication and who have completed

    a program in one or more of the American

    Psychological Association designated health

    service provider delivery areas shall be

    obtained under the primary supervision of

    a licensed psychologist who is also a health

    service provider or who otherwise meets

    the requirements for health service provider

    certication. Postdoctoral experience for

    those applicants who do not intend to seek

    health service provider certication shall beobtained under the primary supervision of a

    licensed psychologist or such other qualied

    mental health professional approved by the

    committee.

    6. The psychological activities of the ap-

    plicant shall be performed pursuant to the

    primary supervisor's order, control, and full

    professional responsibility. The primary su-

    pervisor shall maintain a continuing relation-

    ship with the applicant and shall meet with

    the applicant a minimum of one hour per

    month in face-to-face individual supervision.

    Clinical supervision may be delegated by the

    primary supervisor to one or more secondary

    supervisors who are* qualied psycholo-

    gists**. The secondary supervisors shall

    retain order, control and full professional

    responsibility for the applicant's clinical work

    under their supervision and shall meet with

    the applicant a minimum of one hour per

    week in face-to-face individual supervision.

    If the primary supervisor is also the clinical

    supervisor, meetings shall be a minimum

    one hour per week. Group supervision sh

    not be acceptable for supervised professi

    experience. The primary supervisor shall

    certify to the committee that the applican

    has complied with these requirements an

    that the applicant has demonstrated ethicand competent practice of psychology. Th

    changing by an agency of the primary su

    pervisor during the course of the supervi

    experience shall not invalidate the superv

    experience.

    7. The committee by rule shall provide

    procedures for exceptions and variances

    the requirements for once a week face-to

    supervision due to vacations, illness, preg

    nancy, and other good causes.

    (L. 1977 H.B. 255 4, A.L. 1989 H.B. 7720, A.L. 1998 H.B. 1601, et al. merged

    S.B. 732)

    *Words "is a" appear in original rolls.

    **Word "psychologist" appears in origin

    rolls.

    Section 337.027

    Educational requirements

    deemed met, when.

    337.027 For purposes of commencing an

    obtaining the postdegree supervised expe

    rience as provided in sections 337.010 to

    337.090, an applicant shall be deemed to

    have met the educational requirements, e

    upon the conferral of the formal degree o

    the time when all of the degree requirem

    established by the recognized educationa

    institution for the degree have been met w

    the sole exception that the degree has not

    been formally conferred at a graduation pgram and the institution so certies in wr

    to the committee.

    (L. 1989 H.B. 738 & 720)

    Section 337.029

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    Licenses based on reciproc-

    ty to be issued, when--health

    ervice provider certication

    eligibility.

    37.029 1. A psychologist licensed in anoth-r jurisdiction who has had no violations and

    o suspensions and no revocation of a license

    o practice psychology in any jurisdiction

    may receive a license in Missouri, provided

    he psychologist passes a written examination

    n Missouri laws and regulations governing

    he practice of psychology and meets one of

    he following criteria:

    1) Is a diplomate of the American Board of

    rofessional Psychology;

    2) Is a member of the National Register ofHealth Service Providers in Psychology;

    3) Is currently licensed or certied as a

    sychologist in another jurisdiction who is

    hen a signatory to the Association of State

    nd Provincial Psychology Board's reciproc-

    ty agreement;

    4) Is currently licensed or certied as a

    sychologist in another state, territory of the

    United States, or the District of Columbia

    nd:

    a) Has a doctoral degree in psychology

    rom a program accredited, or provisionally

    ccredited, by the American Psychological

    Association or that meets the requirements as

    et forth in subdivision (3) of subsection 3 of

    ection 337.025;

    b) Has been licensed for the preceding ve

    ears; and

    c) Has had no disciplinary action taken

    gainst the license for the preceding veears; or

    5) Holds a current certicate of professional

    ualication (CPQ) issued by the Association

    f State and Provincial Psychology Boards

    ASPPB).

    . Notwithstanding the provisions of subsec-

    ion 1 of this section, applicants may be re-

    uired to pass an oral examination as adopted

    y the committee.

    3. A psychologist who receives a license for

    the practice of psychology in the state of

    Missouri on the basis of reciprocity as listed

    in subsection 1 of this section or by endorse-

    ment of the score from the examination of

    professional practice in psychology score willalso be eligible for and shall receive certica-

    tion from the committee as a health service

    provider if the psychologist meets one or

    more of the following criteria:

    (1) Is a diplomate of the American Board of

    Professional Psychology in one or more of

    the specialties recognized by the American

    Board of Professional Psychology as pertain-

    ing to health service delivery;

    (2) Is a member of the National Register of

    Health Service Providers in Psychology; or

    (3) Has completed or obtained through edu-

    cation, training, or experience the requisite

    knowledge comparable to that which is

    required pursuant to section 337.033.

    (L. 1989 H.B. 738 & 720, A.L. 1995 S.B. 69,

    et al., A.L. 1998 H.B. 1601, et al., A.L. 1998

    S.B. 732, A.L. 2001 S.B. 357, A.L. 2008 H.B.

    2065)

    Section 337.030

    License renewal, registration

    fee, proof of compliance--late

    registration, penalty--lost

    certicate, how replaced--fees,

    amount, how set--inactive

    license issued, when.

    337.030 1. Each psychologist licensed pursu-ant to the provisions of sections 337.010 to

    337.090, who has not led with the commit-

    tee a veried statement that the psychologist

    has retired from or terminated the psycholo-

    gist's practice of psychology in this state,

    shall register with the division on or before

    the registration renewal date. The division

    shall require a registration fee which shall be

    submitted together with proof of compliance

    with the continuing education requirement

    as provided in section 337.050 and any other

    information required for such registration

    Upon receipt of the required material and

    the registration fee, the division shall issu

    renewal certicate of registration. The di

    sion shall, when issuing an initial license

    an applicant who has met all of the quali

    tions of sections 337.010 to 337.093 and been approved for licensure by the comm

    shall grant the applicant, without paymen

    any further fee, a certicate of registratio

    valid until the next registration renewal d

    2. The division shall mail a renewal notic

    to the last known address of each license

    prior to the registration renewal date. Fai

    to provide the division with the proof of

    compliance with the continuing education

    requirement and other information requir

    for registration, or to pay the registration

    after such notice shall effect a revocationthe license after a period of sixty days fro

    the registration renewal date. The license

    shall be restored if, within two years of th

    registration renewal date, the applicant pr

    vides written application and the paymen

    the registration fee and a delinquency fee

    proof of compliance with the requiremen

    for continuing education as provided in s

    tion 337.050.

    3. A new certicate to replace any certic

    lost, destroyed or mutilated may be issue

    subject to the rules of the committee, upopayment of a reasonable fee.

    4. The committee shall set the amount of

    the fees authorized by sections 337.010 to

    337.093 and required by rules and regula

    promulgated pursuant to section 536.021

    RSMo. The fees shall be set at a level to

    produce revenue which shall not substant

    exceed the cost and expense of administe

    sections 337.010 to 337.090.

    5. The committee is authorized to issue a

    inactive license to any licensee who mak

    written application for such license on a

    form provided by the board and remits th

    fee for an inactive license established by

    committee. An inactive license may be is

    only to a person who has previously been

    issued a license to practice psychology in

    state, who is no longer regularly engaged

    such practice and who does not hold him

    or herself out to the public as being profe

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    ionally engaged in such practice in this state.

    Each inactive license shall be subject to all

    rovisions of this chapter, except as other-

    wise specically provided. Each inactive

    icense may be renewed by the committee

    ubject to all provisions of this section and all

    ther provisions of this chapter. The inac-ive licensee shall not be required to submit

    vidence of completion of continuing educa-

    ion as required by this chapter. An inactive

    icensee may apply for a license to regularly

    ngage in the practice of psychology upon l-

    ng a written application on a form provided

    y the committee, submitting the reactiva-

    ion fee established by the committee, and

    ubmitting proof of current competency as

    stablished by the committee.

    L. 1977 H.B. 255 5, A.L. 1981 S.B. 16,

    A.L. 1989 H.B. 738 & 720, A.L. 1996 S.B.04, et al., A.L. 2003 S.B. 478)

    Section 337.033

    Limitations on areas of prac-

    ice--relevant professional

    education and training, de-

    ned--criteria for program of

    graduate study--health serviceprovider certication, require-

    ments for certain persons

    -automatic certication for

    certain persons.

    37.033 1. A licensed psychologist shall

    imit his or her practice to demonstrated areas

    f competence as documented by relevant

    rofessional education, training, and experi-

    nce. A psychologist trained in one area shall

    ot practice in another area without obtainingdditional relevant professional education,

    raining, and experience through an accept-

    ble program of respecialization.

    . A psychologist may not represent or hold

    imself or herself out as a state certied

    r registered psychological health service

    rovider unless the psychologist has rst

    eceived the psychologist health service

    rovider certication from the committee;

    rovided, however, nothing in this sec-

    tion shall be construed to limit or prevent a

    licensed, whether temporary, provisional or

    permanent, psychologist who does not hold

    a health service provider certicate from

    providing psychological services so long as

    such services are consistent with subsection 1

    of this section.

    3. "Relevant professional education and

    training" for health service provider certi-

    cation, except those entitled to certication

    pursuant to subsection 5 or 6 of this section,

    shall be dened as a licensed psychologist

    whose graduate psychology degree from a

    recognized educational institution is in an

    area designated by the American Psychologi-

    cal Association as pertaining to health service

    delivery or a psychologist who subsequent to

    receipt of his or her graduate degree in psy-

    chology has either completed a respecializa-tion program from a recognized educational

    institution in one or more of the American

    Psychological Association recognized clinical

    health service provider areas and who in ad-

    dition has completed at least one year of post-

    degree supervised experience in such clinical

    area or a psychologist who has obtained

    comparable education and training accept-

    able to the committee through completion of

    postdoctoral fellowships or otherwise.

    4. The degree or respecialization program

    certicate shall be obtained from a recog-nized program of graduate study in one or

    more of the health service delivery areas

    designated by the American Psychological

    Association as pertaining to health service

    delivery, which shall meet one of the criteria

    established by subdivisions (1) to (3) of this

    subsection:

    (1) A doctoral degree or completion of a

    recognized respecialization program in one or

    more of the American Psychological Associa-

    tion designated health service provider deliv-

    ery areas which is accredited, or provisionally

    accredited, by the American Psychological

    Association; or

    (2) A clinical or counseling psychology doc-

    toral degree program or respecialization pro-

    gram designated, or provisionally approved,

    by the Association of State and Provincial

    Psychology Boards or the Council for the

    National Register of Health Service Providers

    in Psychology, or both; or

    (3) A doctoral degree or completion of a

    specialization program in one or more of

    American Psychological Association des

    nated health service provider delivery are

    that meets the following criteria:

    (a) The program, wherever it may be adm

    istratively housed, shall be clearly identi

    and labeled as being in one or more of th

    American Psychological Association des

    nated health service provider delivery are

    (b) Such a program shall specify in perti-

    nent institutional catalogues and brochure

    its intent to educate and train professiona

    psychologists in one or more of the Amer

    Psychological Association designated hea

    service provider delivery areas.

    5. A person who is lawfully licensed as a

    chologist pursuant to the provisions of th

    chapter on August 28, 1989, or who has b

    approved to sit for examination prior to A

    gust 28, 1989, and who subsequently pas

    the examination shall be deemed to have

    all requirements for health service provid

    certication; provided, however, that suc

    person shall be governed by the provision

    of subsection 1 of this section with respe

    limitation of practice.

    6. Any person who is lawfully licensed aa psychologist in this state and who meet

    one or more of the following criteria shal

    automatically, upon payment of the requi

    fee, be entitled to receive a health service

    provider certication from the committee

    (1) Is a diplomate of the American Board

    Professional Psychology in one or more o

    the specialties recognized by the Americ

    Board of Professional Psychology as pert

    ing to health service delivery; or

    (2) Is a member of the National Register

    Health Service Providers in Psychology.

    (L. 1989 H.B. 738 & 720, A.L. 1998 H.B

    1601, et al. merged with S.B. 732)

    Section 337.035

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    Denial, revocation, or suspen-

    ion of license, grounds for--

    nterested third party, dened.

    37.035 1. The committee may refuse to

    ssue any certicate of registration or author-ty, permit or license required pursuant to

    his chapter for one or any combination of

    auses stated in subsection 2 of this section.

    The committee shall notify the applicant in

    writing of the reasons for the refusal and shall

    dvise the applicant of the applicant's right

    o le a complaint with the administrative

    earing commission as provided by chapter

    21, RSMo.

    . The committee may cause a complaint to

    e led with the administrative hearing com-

    mission as provided by chapter 621, RSMo,gainst any holder of any certicate of regis-

    ration or authority, permit or license required

    y this chapter or any person who has failed

    o renew or has surrendered the person's

    erticate of registration or authority, permit

    r license for any one or any combination of

    he following causes:

    1) Use of any controlled substance, as

    ened in chapter 195, RSMo, or alcoholic

    everage to an extent that such use impairs

    person's ability to perform the work of

    ny profession licensed or regulated by thishapter;

    2) The person has been nally adjudicated

    nd found guilty, or entered a plea of guilty

    r nolo contendere, in a criminal prosecution

    nder the laws of any state or of the United

    tates, for any offense reasonably related to

    he qualications, functions or duties of any

    rofession licensed or regulated under this

    hapter, for any offense an essential element

    f which is fraud, dishonesty or an act of vio-

    ence, or for any offense involving moral tur-

    itude, whether or not sentence is imposed;

    3) Use of fraud, deception, misrepresenta-

    ion or bribery in securing any certicate of

    egistration or authority, permit or license

    ssued pursuant to this chapter or in obtaining

    ermission to take any examination given or

    equired pursuant to this chapter;

    4) Obtaining or attempting to obtain any

    ee, charge, tuition or other compensation by

    fraud, deception or misrepresentation;

    (5) Incompetency, misconduct, gross negli-

    gence, fraud, misrepresentation or dishonesty

    in the performance of the functions or duties

    of any profession licensed or regulated by

    this chapter;

    (6) Violation of, or assisting or enabling

    any person to violate, any provision of this

    chapter, or of any lawful rule or regulation

    adopted pursuant to this chapter;

    (7) Impersonation of any person holding a

    certicate of registration or authority, permit

    or license or allowing any person to use his

    or her certicate of registration or authority,

    permit, license or diploma from any school;

    (8) Disciplinary action against the holderof a license or other right to practice any

    profession regulated by this chapter granted

    by another state, territory, federal agency or

    country upon grounds for which revocation

    or suspension is authorized in this state;

    (9) A person is nally adjudged insane or

    incapacitated by a court of competent juris-

    diction;

    (10) Assisting or enabling any person to

    practice or offer to practice any profession li-

    censed or regulated by this chapter who is notregistered and currently eligible to practice as

    provided this chapter;

    (11) Issuance of a certicate of registration

    or authority, permit or license based upon a

    material mistake of fact;

    (12) Failure to display a valid certicate or

    license if so required by this chapter or any

    rule promulgated pursuant to this chapter;

    (13) Violation of any professional trust or

    condence;

    (14) Use of any advertisement or solicitation

    which is false, misleading or deceptive to the

    general public or persons to whom the adver-

    tisement or solicitation is primarily directed;

    (15) Being guilty of unethical conduct as

    dened in "Ethical Rules of Conduct" as

    adopted by the committee and led with the

    secretary of state.

    3. After the ling of such complaint, the

    proceedings shall be conducted in accord

    with the provisions of chapter 621, RSM

    Upon a nding by the administrative hea

    commission that the grounds, provided in

    subsection 2, for disciplinary action are mthe committee may, singly or in combina

    tion, censure or place the person named i

    the complaint on probation on such term

    conditions as the department deems appr

    ate for a period not to exceed ve years, o

    may suspend, for a period not to exceed t

    years, or revoke the license, certicate, o

    permit.

    4. An interested third party may le a com

    plaint or appear or present evidence relat

    to such complaint or another complaint

    pursuant to this section. For purposes of section, an interested third party includes

    parent or guardian of a person who receiv

    treatment by a psychologist or any person

    who is related within the second degree o

    consanguinity or afnity and who is nan

    cially responsible for the payment of such

    treatment.

    (L. 1977 H.B. 255 6, A.L. 1981 S.B. 16

    A.L. 1989 H.B. 738 & 720, A.L. 1997 S.

    141)

    Section 337.041

    Discrimination prohibited.

    337.041 No ofcial, employee, board, co

    mission, or agency of the state of Missou

    county, municipality, school district, or

    other political subdivision shall discrimin

    between persons licensed under sections

    337.010 to 337.090 and chapter 334, RSM

    when promulgating regulations or whenrequiring or recommending services whic

    legally may be performed by persons lice

    under sections 337.010 to 337.090 and by

    persons licensed under chapter 334, RSM

    (L. 1989 H.B. 738 & 720)

    Section 337.045

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    Exempted professions and

    occupations--temporary prac-

    ice authorized.

    37.045 Nothing in sections 337.010 to37.090 shall in any way limit:

    1) Qualied members of other professional

    roups such as teachers, clergy, practitioners

    f medicine, practitioners of chiropractic,

    ractitioners of optometry, licensed profes-

    ional counselors, attorneys, licensed clinical

    ocial workers, licensed marriage and family

    herapists, vocational counselors, vocational

    ehabilitation counselors, nurses, or duly

    ccredited Christian Science practitioners

    rom doing work of a psychological nature

    onsistent with their training and consistentwith any code of ethics of their respective

    rofessions; or

    2) The activities, services, or use of of-

    cial title on the part of any person in the

    mploy of a governmental agency, or of a

    uly chartered educational institution, or of

    corporation primarily engaged in research,

    nsofar as such activities or services are part

    f the duties of his or her employment, except

    hat any person hired after August 28, 1996,

    hall be in the process of either meeting the

    equirements to become licensed, including

    ursuant to a doctoral degree in psychology

    r the supervised professional experience

    equirements or shall be a licensed psycholo-

    ist; or

    3) Other persons from engaging in activi-

    ies dened as the practice of psychology,

    rovided that such persons shall not represent

    hemselves by the title "psychologist". Such

    ersons may use the terms "psychological

    rainee", "psychological intern", "psycho-

    ogical resident", and "psychological assis-ant" and provided further that such persons

    erform their activities under the supervision

    nd responsibility of a licensed psychologist

    n accordance with regulations promulgated

    y the committee. Nothing in this subsection

    hall be construed to apply to any person

    ther than:

    a) A matriculated graduate student in psy-

    hology whose activities constitute a part

    f the course of study for a graduate degree

    in psychology at a recognized educational

    institution;

    (b) An individual pursuing postdoctoral train-

    ing or experience in psychology, including

    persons seeking to fulll the requirements for

    licensure pursuant to the provisions of sec-tions 337.010 to 337.090;

    (c) A qualied assistant, including but not

    limited to, other licensed professionals em-

    ployed by, or otherwise directly accountable

    to, a licensed psychologist; or

    (4) The use of psychological techniques by

    government institutions, commercial orga-

    nizations or individuals for employment,

    evaluation, promotion or job adjustment of

    their own employees or employee-applicants,

    or by employment agencies for evaluation oftheir own clients prior to recommendation

    for employment; provided that no govern-

    ment institution, commercial organization or

    individual shall sell or offer these services to

    the public or to other rms, organizations or

    individuals for remuneration, unless the ser-

    vices are performed or supervised by a person

    licensed and registered pursuant to sections

    337.010 to 337.090; or

    (5) The practice of psychology in the state of

    Missouri for a temporary period by a person

    who resides outside the state of Missouri,and who is licensed or certied to practice

    psychology in another state and conducts the

    major part of his or her practice outside the

    state. The temporary period shall not exceed

    ten consecutive business days in any period

    of ninety days, nor in the aggregate exceed

    fteen business days in any nine-month

    period; or

    (6) The provision of expert testimony by psy-

    chologists or other persons who are otherwise

    exempted by sections 337.010 to 337.090; or

    (7) The teaching of psychology, the conduct

    of psychological research, or the provision

    of psychological services or consultations to

    organizations or institutions, provided that

    such teaching, research, or service does not

    involve the delivery or supervision of direct

    psychological services to individuals or

    groups of individuals; or

    (8) School psychologists certied under

    the program standards of the National As

    sociation of School Psychologists who ar

    employed in a duly accredited school so

    long as the individual is performing serv

    within the scope of his or her employmen

    such school and within the scope of his o

    education, training and experience; or

    (9) Psychotherapy activities or services

    performed by an individual with a doctor

    decree in anthropology; provided that suc

    degree was received on or prior to Decem

    31, 1989, and which was from an educati

    institution accredited by one of the region

    accrediting associations approved by the

    council on postsecondary accreditation; a

    provided further that such individual has

    completed at least twenty-four months of

    pervised clinical experience in psychothe

    under the supervision of a physician.

    (L. 1977 H.B. 255 8, A.L. 1981 S.B. 16

    A.L. 1989 H.B. 738 & 720, A.L. 1996 S.

    604, et al., A.L. 1998 H.B. 1601, et al.

    merged with S.B. 732)

    Section 337.050

    State committee of psycholo

    gists created--members,qualications, compensatio

    removal--rules, procedure-

    -powers of committee, seal

    --continuing education, pro

    of completion submitted wit

    license renewal, types of con

    tinuing education, committe

    powers.

    337.050 1. There is hereby created andestablished a "State Committee of Psycho

    gists", which shall consist of seven licens

    psychologists and one public member. Th

    state committee of psychologists existing

    August 28, 1989, is abolished. Nothing in

    this section shall be construed to prevent

    appointment of any current member of th

    state committee of psychologists to the n

    state committee of psychologists created

    August 28, 1989.

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    . Appointments to the committee shall be

    made by the governor upon the recommen-

    ations of the director of the division, upon

    he advice and consent of the senate. The

    ivision, prior to submitting nominations,

    hall solicit nominees from professionalsychological associations and licensed

    sychologists in the state. The term of ofce

    or committee members shall be ve years,

    nd committee members shall not serve more

    han ten years. No person who has previously

    erved on the committee for ten years shall

    e eligible for appointment. In making initial

    ppointments to the committee, the governor

    hall stagger the terms of the appointees so

    hat two members serve initial terms of two

    ears, two members serve initial terms of

    hree years, and two members serve initial

    erms of four years.

    . Each committee member shall be a resident

    f the state of Missouri for one year, shall be

    United States citizen, and shall, other than

    he public member, have been licensed as

    psychologist in this state for at least three

    ears. Committee members shall reect a

    iversity of practice specialties. To ensure ad-

    quate representation of the diverse elds of

    sychology, the committee shall consist of at

    east two psychologists who are engaged full

    ime in the doctoral teaching and training of

    sychologists, and at least two psychologistswho are engaged full time in the professional

    ractice of psychology. In addition, the rst

    ppointment to the committee shall include at

    east one psychologist who shall be licensed

    n the basis of a master's degree who shall

    erve a full term of ve years. Nothing in sec-

    ions 337.010 to 337.090 shall be construed

    o prohibit full membership rights on the

    ommittee for psychologists licensed on the

    asis of a master's degree. If a member of the

    ommittee shall, during the member's term as

    committee member, remove the member's

    omicile from the state of Missouri, then

    he committee shall immediately notify the

    irector of the division, and the seat of that

    ommittee member shall be declared vacant.

    All such vacancies shall be lled by appoint-

    ment of the governor with the advice and

    onsent of the senate, and the member so

    ppointed shall serve for the unexpired term

    f the member whose seat has been declared

    acant.

    4. The public member shall be at the time of

    the public member's appointment a citizen of

    the United States; a resident of this state for

    a period of one year and a registered voter; a

    person who is not and never was a member of

    any profession licensed or regulated pursuant

    to sections 337.010 to 337.093 or the spouseof such person; and a person who does not

    have and never has had a material, nancial

    interest in either the providing of the profes-

    sional services regulated by sections 337.010

    to 337.093, or an activity or organization

    directly related to any profession licensed

    or regulated pursuant to sections 337.010 to

    337.093. The duties of the public member

    shall not include the determination of the

    technical requirements to be met for licensure

    or whether any person meets such technical

    requirements or of the technical competence

    or technical judgment of a licensee or a can-didate for licensure.

    5. The committee shall hold a regular annual

    meeting at which it shall select from among

    its members a chairperson and a secretary. A

    quorum of the committee shall consist of a

    majority of its members. In the absence of the

    chairperson, the secretary shall conduct the

    ofce of the chairperson.

    6. Each member of the committee shall re-

    ceive, as compensation, an amount set by the

    division not to exceed fty dollars for eachday devoted to the affairs of the committee

    and shall be entitled to reimbursement for

    necessary and actual expenses incurred in the

    performance of the member's ofcial duties.

    7. Staff for the committee shall be provided

    by the director of the division of professional

    registration.

    8. The governor may remove any member of

    the committee for misconduct, inefciency,

    incompetency, or neglect of ofce.

    9. In addition to the powers set forth else-

    where in sections 337.010 to 337.090, the

    division may adopt rules and regulations, not

    otherwise inconsistent with sections 337.010

    to 337.090, to carry out the provisions of

    sections 337.010 to 337.090. The committee

    may promulgate, by rule, "Ethical Rules of

    Conduct" governing the practices of psychol-

    ogy which rules shall be based upon the ethi-

    cal principles promulgated and published by

    the American Psychological Association.

    10. Any rule or portion of a rule, as that t

    is dened in section 536.010, RSMo, that

    is promulgated to administer and enforce

    sections 337.010 to 337.090, shall becom

    effective only if the agency has fully complied with all of the requirements of chap

    536, RSMo, including but not limited to,

    section 536.028, RSMo, if applicable, aft

    August 28, 1998. All rulemaking authorit

    delegated prior to August 28, 1998, is of

    force and effect and repealed as of Augus

    28, 1998, however nothing in this act sha

    be interpreted to repeal or affect the valid

    of any rule adopted and promulgated prio

    August 28, 1998. If the provisions of sec

    536.028, RSMo, apply, the provisions of

    section are nonseverable and if any of the

    powers vested with the general assemblysuant to section 536.028, RSMo, to review

    to delay the effective date, or to disappro

    and annul a rule or portion of a rule are h

    unconstitutional or invalid, the purported

    grant of rulemaking authority and any rul

    so proposed and contained in the order of

    rulemaking shall be invalid and void, exc

    that nothing in this act shall affect the va

    of any rule adopted and promulgated prio

    August 28, 1998.

    11. The committee may sue and be sued i

    its ofcial name, and shall have a seal whshall be afxed to all certied copies or

    records and papers on le, and to such ot

    instruments as the committee may direct

    courts shall take judicial notice of such s

    Copies of records and proceedings of the

    committee, and of all papers on le with

    division on behalf of the committee certi

    under the seal shall be received as eviden

    in all courts of record.

    12. When applying for a renewal of a lice

    pursuant to section 337.030, each license

    psychologist shall submit proof of the

    completion of at least forty hours of con-

    tinuing education credit within the two-y

    period immediately preceding the date of

    application for renewal of the license. Th

    type of continuing education to be consid

    shall include, but not be limited to:

    (1) Attending recognized educational

    seminars, the content of which are primar

    psychological, as dened by rule;

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    2) Attending a graduate level course at a

    ecognized educational institution where the

    ontents of which are primarily psychologi-

    al, as dened by rule;

    3) Presenting a recognized educationaleminar, the contents of which are primarily

    sychological, as dened by rule;

    4) Presenting a graduate level course at a

    ecognized educational institution where the

    ontents of which are primarily psychologi-

    al, as dened by rule; and

    5) Independent course of studies, the con-

    ents of which are primarily psychological,

    which have been approved by the committee

    nd dened by rule.

    The committee shall determine by adminis-

    rative rule the amount of training, instruc-

    ion, self-instruction or teaching that shall be

    ounted as an hour of continuing education

    redit.

    L. 1977 H.B. 225 9, A.L. 1981 S.B. 200

    merged with S.B. 16, A.L. 1989 H.B. 738 &

    20, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3,

    A.L. 1996 S.B. 604, et al., A.L. 1998 H.B.

    601, et al., A.L. 1999 H.B. 343)

    CROSS REFERENCE:

    ublic member, additional duties, RSMo

    20.132

    Section 337.055

    Privileged communications,

    when.

    37.055 Any communication made by anyerson to a licensed psychologist in the

    ourse of professional services rendered by

    he licensed psychologist shall be deemed a

    rivileged communication and the licensed

    sychologist shall not be examined or be

    made to testify to any privileged communica-

    ion without the prior consent of the person

    who received his professional services.

    L. 1977 H.B. 255 10)

    Section 337.060

    Licensed psychologists not to

    practice medicine.

    337.060 Nothing in this chapter shall be

    construed as authorizing persons licensed and

    registered as psychologists to engage in any

    manner in the practice of medicine as dened

    in the laws of this state.

    (L. 1977 H.B. 255 11, A.L. 1981 S.B. 16)

    Section 337.065

    Violations, penalty, refund

    of fees--duties of committee--

    injunctions --civil immunity,

    when--venue.

    337.065 1. Any person found guilty of violat-

    ing any provision of sections 337.010 to

    337.090 is guilty of a class A misdemeanor

    and upon conviction thereof shall be pun-

    ished as provided by law.

    2. All fees or other compensation receivedfor services rendered in violation of sections

    337.010 to 337.090 shall be refunded.

    3. The committee shall inquire as to any vio-

    lation of any provision of sections 337.010

    to 337.090, and may institute actions for

    penalties herein prescribed, and shall enforce

    generally the provisions of sections 337.010

    to 337.090.

    4. Any person, organization, association or

    corporation who reports or provides informa-

    tion to the committee or the division pursu-

    ant to the provisions of sections 337.010 to

    337.090 and who does so in good faith shall

    not be subject to an action for civil damages

    as a result thereof.

    5. Upon application by the committee, the at-

    torney general may on behalf of the commit-

    tee request that a court of competent jurisdic-

    tion grant an injunction, restraining order or

    other order as may be appropriate to enjoin a

    person from:

    (1) Offering to engage or engaging in the

    formance of any acts or practices for whi

    certicate of registration or authority, per

    or license is required upon a showing tha

    such acts or practices were performed or

    fered to be performed without a certicatregistration or authority, permit or license

    (2) Engaging in any practice or business

    authorized by a certicate of registration

    authority, permit or license issued pursua

    sections 337.010 to 337.090 upon a show

    that the holder presents a substantial prob

    ability of serious harm to the health, safe

    welfare of any resident of this state or cli

    or patient of the licensee.

    6. Any action brought pursuant to the pro

    sions of this section shall be commencedeither in the county in which such conduc

    occurred or in the county in which the de

    dant resides.

    7. Any action brought under this section m

    be in addition to or in lieu of any penalty

    provided by sections 337.010 to 337.090

    may be brought concurrently with other a

    tions to enforce sections 337.010 to 337.0

    (L. 1977 H.B. 255 12, A.L. 1981 S.B. 1

    A.L. 1989 H.B. 738 & 720)

    Section 337.068

    Complaints of prisoners--di

    position of certain records.

    337.068 1. If the board nds merit to a c

    plaint by an individual incarcerated or un

    the care and control of the department of

    rections or who has been ordered to be ta

    into custody, detained, or held under sect632.480 to 632.513, RSMo, and takes fur

    investigative action, no documentation m

    appear on le or disciplinary action may

    be taken in regards to the licensee's licen

    unless the provisions of subsection 2 of s

    tion 337.035 have been violated. Any cas

    le documentation that does not result in

    board ling an action pursuant to subsec-

    tion 2 of section 337.035 shall be destroy

    within three months after the nal case di

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    osition by the board. No notication to any

    ther licensing board in another state or any

    ational registry regarding any investigative

    ction shall be made unless the provisions of

    ubsection 2 of section 337.035 have been

    iolated.

    . Upon written request of the psychologist

    ubject to a complaint, prior to August 28,

    999, by an individual incarcerated or under

    he care and control of the department of

    orrections or prior to August 28, 2008, by an

    ndividual who has been ordered to be taken

    nto custody, detained, or held under sec-

    ions 632.480 to 632.513, RSMo, that did not

    esult in the board ling an action pursuant

    o subsection 2 of section 337.035, the board

    nd the division of professional registration,

    hall in a timely fashion:

    1) Destroy all documentation regarding the

    omplaint;

    2) Notify any other licensing board in an-

    ther state or any national registry regarding

    he board's actions if they have been previ-

    usly notied of the complaint; and

    3) Send a letter to the licensee that clearly

    tates that the board found the complaint to

    e unsubstantiated, that the board has taken

    he requested action, and notify the licensee

    f the provisions of subsection 3 of this sec-ion.

    . Any person who has been the subject of

    n unsubstantiated complaint as provided

    n subsection 1 or 2 of this section shall not

    e required to disclose the existence of such

    omplaint in subsequent applications or

    epresentations relating to their psychology

    rofessions.

    L. 1999 H.B. 343 337.068 codied as

    37.750, A.L. 2008 H.B. 2065)

    Section 337.070

    Local governments prohibited

    from taxing or licensing psy-

    chologists.

    37.070 No person who has been licensed by

    the committee as a psychologist in this state

    shall be taxed or made liable to pay any mu-

    nicipal or other corporation tax or license fee

    of any description whatever for the privilege

    of following or carrying on such profession.

    (L. 1977 H.B. 255 13, A.L. 1989 H.B. 738& 720)

    Section 337.085

    Fees, collection, disposition,

    use.

    337.085 1. There is hereby established in

    the state treasury a fund to be known as the

    "State Committee of Psychologists Fund". All

    fees of any kind and character authorized un-

    der sections 337.010 to 337.090 to be charged

    by the committee or division shall be col-

    lected by the director of the division of pro-

    fessional registration and shall be transmitted

    to the department of revenue for deposit in

    the state treasury for credit to this fund. Such

    funds, upon appropriation, shall be disbursed

    only in payment of expenses of maintaining

    the committee and for the enforcement of

    the provisions of law concerning professions

    regulated by the committee. No other money

    shall be paid out of the state treasury for car-rying out these provisions. Warrants shall be

    issued on the state treasurer for payment out

    of the fund.

    2. The provisions of section 33.080, RSMo,

    to the contrary notwithstanding, money in

    this fund shall not be transferred and placed

    to the credit of general revenue until the

    amount in the fund at the end of the bien-

    nium exceeds two times the amount of the

    appropriation from the committee's fund for

    the preceding scal year or, if the commit-

    tee requires by rule renewal less frequentlythan yearly then three times the appropriation

    from the committee's fund for the preceding

    scal year. The amount, if any, in the fund

    which shall lapse is that amount in the fund

    which exceeds the appropriate multiple of the

    appropriations from the committee's fund for

    the preceding scal year.

    3. All funds pertaining to the Missouri state

    committee of psychologists deposited in the

    state treasury to the credit of the committee

    of registration for the healing arts fund sh

    be transferred from that fund to the state

    committee of psychologists fund by the d

    sion director.

    (L. 1981 S.B. 16, A.L. 1989 H.B. 738 &

    A.L. 2004 S.B. 1122)

    Section 337.090

    License or directory not to i

    clude degree on which licen

    was issued.

    337.090 The committee and division in i

    ing licenses and in publishing the directo

    as provided in section 324.032, RSMo, shnot include or list the degree upon which

    license or certicate was issued. Any per

    licensed on the basis of a master's degree

    who has then earned a doctoral degree m

    use the title "doctor" or hold himself out

    his practice as a psychologist as having a

    doctoral degree so long as it is from an ac

    credited institution of higher education an

    long as the degree is relevant to the pract

    of psychology.

    (L. 1989 H.B. 738 & 720, A.L. 2008 S.B

    788)

    Section 337.093

    Application of law.

    337.093 Nothing in the provisions of thi

    act* is intended to repeal or modify those

    provisions of sections 337.010 to 337.09

    which provide for the licensure of psycho

    gists.

    (L. 1993 H.B. 564 31)

    *"This act" (H.B. 564, 1993) contains nu

    ous sections. Consult Disposition of Sect

    table for denitive listing.

    Section 337.500

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    Denitions.

    37.500 As used in sections 337.500 to

    37.540, unless the context clearly requires

    therwise, the following words and phrases

    mean:

    1) "Committee or board", the committee for

    rofessional counselors;

    2) "Department", the Missouri department

    f insurance, nancial institutions and pro-

    essional registration;

    3) "Director", the director of the division of

    rofessional registration;

    4) "Division", the division of professional

    egistration;

    5) "Licensed professional counselor", any

    erson who offers to render professional

    ounseling services to individuals, groups,

    rganizations, institutions, corporations, gov-

    rnment agencies or the general public for a

    ee, monetary or otherwise, implying that the

    erson is trained, experienced, and licensed

    n counseling, and who holds a current, valid

    icense to practice counseling;

    6) "Practice of professional counseling",endering, offering to render, or supervising

    hose who render to individuals, couples,

    roups, organizations, institutions, corpora-

    ions, schools, government agencies, or the

    eneral public any counseling service involv-

    ng the application of counseling procedures,

    nd the principles and methods thereof, to as-

    ist in achieving more effective intrapersonal

    r interpersonal, marital, decisional, social,

    ducational, vocational, developmental, or

    ehabilitative adjustments;

    7) "Professional counseling", includes, buts not limited to:

    a) The use of verbal or nonverbal counseling

    r both techniques, methods, or procedures

    ased on principles for assessing, under-

    tanding, or inuencing behavior (such as

    rinciples of learning, conditioning, per-

    eption, motivation, thinking, emotions, or

    ocial systems);

    b) Appraisal or assessment, which means

    selecting, administering, scoring, or interpret-

    ing instruments designed to assess a person's

    or group's aptitudes, intelligence, attitudes,

    abilities, achievement, interests, and personal

    characteristics;

    (c) The use of referral or placement tech-

    niques or both which serve to further the

    goals of counseling;

    (d) Therapeutic vocational or personal or

    both rehabilitation in relation to coping with

    or adapting to physical disability, emotional

    disability, or intellectual disability or any

    combination of the three;

    (e) Designing, conducting, and interpreting

    research;

    (f) The use of group methods or techniques topromote the goals of counseling;

    (g) The use of informational and commu-

    nity resources for career, personal, or social

    development;

    (h) Consultation on any item in paragraphs (a)

    through (g) above; and

    (i) No provision of sections 337.500 to

    337.540, or of chapter 354 or 375, RSMo,

    shall be construed to mandate benets or

    third-party reimbursement for services ofprofessional counselors in the policies or con-

    tracts of any insurance company, health ser-

    vices corporation or other third-party payer;

    (8) "Provisional licensed professional coun-

    selor", any person who is a graduate of an ac-

    ceptable educational institution, as dened by

    division rules, with at least a master's degree

    with a major in counseling, or its equivalent,

    and meets all requirements of a licensed

    professional counselor, other than the super-

    vised counseling experience prescribed by

    subdivision (1) of section 337.510, and who

    is supervised by a person who is qualied for

    the practice of professional counseling.

    (L. 1985 S.B. 37 1, A.L. 1989 H.B. 738 &

    720, A.L. 1996 S.B. 604, et al., A.L. 2006

    S.B. 756, A.L. 2008 S.B. 788)

    Section 337.503

    Discrimination in promulga

    tion of regulations prohibite

    337.503 No ofcial, employee, board, co

    mission, county, municipality, school dis

    agency of the state, or any other political

    division thereof shall discriminate betwepersons licensed under sections 337.500

    337.540 when promulgating regulations o

    when requiring or recommending service

    that legally may be performed by person

    licensed under sections 337.500 to 337.5

    (L. 2007 H.B. 554 merged with S.B. 272)

    Section 337.505

    License required--exempted

    professions and occupations

    337.505 No person shall use the title of

    "professional counselor", "counselor" or

    "provisional licensed professional counse

    or engage in the practice of professional

    counseling in this state unless the person

    licensed as required by the provisions of

    tions 337.500 to 337.540. Sections 337.5

    337.540 do not apply to:

    (1) Any person registered, certicated or

    licensed by this state, another state, or an

    recognized national certication agent, ac

    ceptable to the committee, to practice any

    other occupation or profession while rend

    ing counseling service in the performanc

    the occupation or profession for which th

    person is registered, certicated, or licen

    including but not limited to physicians, p

    chologists and attorneys;

    (2) School counselors, school administra

    personnel, or classroom teachers, so longas they are performing their assigned dut

    within the scope of their employment by

    board of education or private school;

    (3) Counselors in postsecondary educatio

    institutions so long as they are practicing

    within the scope of their employment;

    (4) Student interns or trainees in counsel-

    ing procedures pursuing a course of study

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    ounseling in an institution of higher educa-

    ion or training institution if such activities

    nd services constitute a part of their course

    f study and provided that such persons are

    esignated as "counselor interns";

    5) Professionals employed by postsecondaryducational institutions as counselor educa-

    ors so long as they are practicing counseling

    within the scope of their employment;

    6) Duly ordained ministers or clergy or

    eligious workers while functioning in their

    ministerial capacity;

    7) Alcoholism counselors so long as they

    erve only individuals with alcohol related

    oncerns;

    8) Any nonresident temporarily employedn this state to render counseling services for

    ot more than thirty days in any year, if in the

    pinion of the committee the person would

    ualify for a license pursuant to the provi-

    ions of sections 337.500 to 337.540, and if

    he person holds a license required for coun-

    elors in the person's home state or country;

    9) Duly accredited Christian Science practi-

    ioners, so long as they are practicing within

    he scope of Christian Science principles;

    10) Counselors employed by the Missouritate department of elementary and secondary

    ducation or the Missouri state bureau for the

    lind while rendering counseling services in

    he performance of their state assigned duties;

    11) Professionals employed by vocational

    nd medical rehabilitation facilities accred-

    ted by the commission on the accreditation

    f rehabilitation facilities, the joint committee

    n accreditation of hospitals or other agents

    cceptable to the committee while rendering

    ounseling services in the performance of

    heir assigned duties, and so long as they do

    ot use the title of "counselor";

    12) Employees or volunteers of sheltered

    workshops who are providing meaningful

    mployment services for handicapped work-

    rs, so long as they do not use the "coun-

    elor" title;

    13) Marital therapists or family therapists

    r both, certied by the American Associa-

    tion of Marriage and Family Therapists or

    an agent acceptable to the committee, and

    their supervisees, so long as they serve only

    individuals with marital or family systems

    concerns, and, so long as they do not use the

    titles of "counselor" or "counseling";

    (14) Staff counselors employed by religious

    institutions in a religious counseling minis-

    tries program;

    (15) Drug abuse counselors certied by

    the department of mental health as meet-

    ing standards in rules promulgated pursuant

    to section 630.655, RSMo, certied by the

    Missouri substance abuse counselors certi-

    cation board, or by an agent acceptable to

    the committee, so long as such counselors are

    practicing consistent with such standards, and

    they are serving only individuals with drug-related concerns;

    (16) Social workers, certied by the National

    Association of Social Workers, Inc., or by an

    agent acceptable to the committee, or work-

    ers under their supervision so long as they

    are doing work consistent with their training

    and with a code of ethics of the social work

    profession, and so long as they do not use the

    title of "professional counselor";

    (17) Professionals in the employ of a govern-

    mental agency while rendering services in theperformance of their duties;

    (18) Any person performing counseling,

    as dened in sections 337.500 to 337.540,

    without receiving compensation, monetary or

    otherwise, and so long as they do not use the

    title of "professional counselor";

    (19) Employment counselors and interview-

    ers, personnel ofcers, personnel analysts and

    consultants and related workers who in the

    normal course of their duties and responsibil-

    ities as employees of this state may engage inthe screening, examination, assessment, refer-

    ral or selection of individuals for employment

    or for consideration for employment;

    (20) Counselors and employees of employee

    assistance programs which are members

    of the Association of Labor-Management

    Administrators and Consultants on Alcohol-

    ism, Inc., a Wisconsin corporation, or its

    successors or such other accrediting body for

    EAP Programs acceptable to the committee

    who provide evaluation, assessment, info

    mation, and referral services so long as th

    are performing their assigned duties with

    the scope of their employment; provided

    however, that this exemption shall not ap

    to individuals employed by employee ass

    tance programs who provide direct long-therapy and counseling services, as may b

    dened by regulation, so long as they do

    use the title of counselor or counseling;

    (21) Individuals who are duly certied by

    employee assistance certication commis

    as administered by the Association of La

    Management Administrators and Consult

    on Alcoholism, Inc., a Wisconsin corpora

    or its successor; so long as the individual

    is an employee of a generally recognized

    employee assistance program and so long

    such individual is performing services wthe scope of such individual'