337.050. State committee of psychologists created--members, qualifications, compensation, removal--rules, procedure--powers of committee, seal--continuing education, proof of completion submitted with
State committee of psychologists created--members, qualifications,compensation, removal--rules, procedure--powers of committee,seal--continuing education, proof of completion submitted withlicense renewal, types of continuing education, committee powers.
337.050. 1. There is hereby created and established a "StateCommittee of Psychologists", which shall consist of seven licensedpsychologists and one public member. The state committee of psychologistsexisting on August 28, 1989, is abolished. Nothing in this section shallbe construed to prevent the appointment of any current member of the statecommittee of psychologists to the new state committee of psychologistscreated on August 28, 1989.
2. Appointments to the committee shall be made by the governor uponthe recommendations of the director of the division, upon the advice andconsent of the senate. The division, prior to submitting nominations,shall solicit nominees from professional psychological associations andlicensed psychologists in the state. The term of office for committeemembers shall be five years, and committee members shall not serve morethan ten years. No person who has previously served on the committee forten years shall be eligible for appointment. In making initialappointments to the committee, the governor shall stagger the terms of theappointees so that two members serve initial terms of two years, twomembers serve initial terms of three years, and two members serve initialterms of four years.
3. Each committee member shall be a resident of the state of Missourifor one year, shall be a United States citizen, and shall, other than thepublic member, have been licensed as a psychologist in this state for atleast three years. Committee members shall reflect a diversity of practicespecialties. To ensure adequate representation of the diverse fields ofpsychology, the committee shall consist of at least two psychologists whoare engaged full time in the doctoral teaching and training ofpsychologists, and at least two psychologists who are engaged full time inthe professional practice of psychology. In addition, the firstappointment to the committee shall include at least one psychologist whoshall be licensed on the basis of a master's degree who shall serve a fullterm of five years. Nothing in sections 337.010 to 337.090 shall beconstrued to prohibit full membership rights on the committee forpsychologists licensed on the basis of a master's degree. If a member ofthe committee shall, during the member's term as a committee member, removethe member's domicile from the state of Missouri, then the committee shallimmediately notify the director of the division, and the seat of thatcommittee member shall be declared vacant. All such vacancies shall befilled by appointment of the governor with the advice and consent of thesenate, and the member so appointed shall serve for the unexpired term ofthe member whose seat has been declared vacant.
4. The public member shall be at the time of the public member'sappointment a citizen of the United States; a resident of this state for aperiod of one year and a registered voter; a person who is not and neverwas a member of any profession licensed or regulated pursuant to sections337.010 to 337.093 or the spouse of such person; and a person who does nothave and never has had a material, financial interest in either theproviding of the professional services regulated by sections 337.010 to337.093, or an activity or organization directly related to any professionlicensed or regulated pursuant to sections 337.010 to 337.093. The dutiesof the public member shall not include the determination of the technicalrequirements to be met for licensure or whether any person meets suchtechnical requirements or of the technical competence or technical judgmentof a licensee or a candidate for licensure.
5. The committee shall hold a regular annual meeting at which itshall select from among its members a chairperson and a secretary. Aquorum of the committee shall consist of a majority of its members. In theabsence of the chairperson, the secretary shall conduct the office of thechairperson.
6. Each member of the committee shall receive, as compensation, anamount set by the division not to exceed fifty dollars for each day devotedto the affairs of the committee and shall be entitled to reimbursement fornecessary and actual expenses incurred in the performance of the member'sofficial duties.
7. Staff for the committee shall be provided by the director of thedivision of professional registration.
8. The governor may remove any member of the committee formisconduct, inefficiency, incompetency, or neglect of office.
9. In addition to the powers set forth elsewhere in sections 337.010to 337.090, the division may adopt rules and regulations, not otherwiseinconsistent with sections 337.010 to 337.090, to carry out the provisionsof sections 337.010 to 337.090. The committee may promulgate, by rule,"Ethical Rules of Conduct" governing the practices of psychology whichrules shall be based upon the ethical principles promulgated and publishedby the American Psychological Association.
10. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is promulgated to administer and enforce sections337.010 to 337.090, shall become effective only if the agency has fullycomplied with all of the requirements of chapter 536, RSMo, including butnot limited to, section 536.028, RSMo, if applicable, after August 28,1998. All rulemaking authority delegated prior to August 28, 1998, is ofno force and effect and repealed as of August 28, 1998, however nothing inthis act shall be interpreted to repeal or affect the validity of any ruleadopted and promulgated prior to August 28, 1998. If the provisions ofsection 536.028, RSMo, apply, the provisions of this section arenonseverable and if any of the powers vested with the general assemblypursuant to section 536.028, RSMo, to review, to delay the effective date,or to disapprove and annul a rule or portion of a rule are heldunconstitutional or invalid, the purported grant of rulemaking authorityand any rule so proposed and contained in the order of rulemaking shall beinvalid and void, except that nothing in this act shall affect the validityof any rule adopted and promulgated prior to August 28, 1998.
11. The committee may sue and be sued in its official name, and shallhave a seal which shall be affixed to all certified copies or records andpapers on file, and to such other instruments as the committee may direct.All courts shall take judicial notice of such seal. Copies of records andproceedings of the committee, and of all papers on file with the divisionon behalf of the committee certified under the seal shall be received asevidence in all courts of record.
12. When applying for a renewal of a license pursuant to section337.030, each licensed psychologist shall submit proof of the completion ofat least forty hours of continuing education credit within the two-yearperiod immediately preceding the date of the application for renewal of thelicense. The type of continuing education to be considered shall include,but not be limited to:
(1) Attending recognized educational seminars, the content of whichare primarily psychological, as defined by rule;
(2) Attending a graduate level course at a recognized educationalinstitution where the contents of which are primarily psychological, asdefined by rule;
(3) Presenting a recognized educational seminar, the contents ofwhich are primarily psychological, as defined by rule;
(4) Presenting a graduate level course at a recognized educationalinstitution where the contents of which are primarily psychological, asdefined by rule; and
(5) Independent course of studies, the contents of which areprimarily psychological, which have been approved by the committee anddefined by rule.
The committee shall determine by administrative rule the amount oftraining, instruction, self-instruction or teaching that shall be countedas an hour of continuing education credit.
(L. 1977 H.B. 225 § 9, A.L. 1981 S.B. 200 merged with S.B. 16, A.L. 1989 H.B. 738 & 720, 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. 1601, et al., A.L. 1999 H.B. 343)CROSS REFERENCE:
Public member, additional duties, RSMo 620.132