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Division 13 reviews licensure restrictions
(July 2005 Issue)

By Catherine Robertson Souter

Times have changed since state licensing boards first drew up laws concerning interstate practice. When the boards of each state first set forth the laws that control who may practice psychology and what type of license they would need, the face of the profession was a lot simpler. There was no Internet. No one did tele-video consultations or face-to-monitor therapy.

As technology has gotten more sophisticated, psychology has branched out. But, according to some, the laws have not kept up.

The American Psychological Association's Division 13, Society of Consulting Psychology, has launched a program to address the inequities it sees in those laws. According to Judith Blanton, Ph.D., a former president of Div. 13 and a senior consultant with consulting firm RHR International in California, a whole arm of psychological practice is often hindered by the strict interstate practice laws.

"Consulting psychologists can't be competitive with people who have no license, no psychology degree," she says.

As a business consultant, a psychologist may use his training to better present or gather the information, but one does not need to be a psychologist to do the job. And, in some ways, having a license can be detrimental to a consulting psychologist's business. Many don't bother to obtain a psychological license at all. The work that they do does not require a license, but certain state laws about psychological licensing are broad enough that a consulting psychologist may be open to penalties for taking a temporary job in another state.

The laws are individual to each state. In New England, for example, temporary work across state borders varies widely. In Maine, a psychologist wishing to practice short-term must apply for a conditional license and take an oral examination. In Massachusetts, a psychologist licensed in another state may offer consulting services one day a month or 12 days per year. They do not need to apply for a temporary license but the licensing board recommends that they notify the board of the work they will be doing.

While the rule is designed for psychologists working in mental health, it is unclear how it affects those working in a business setting with, for instance, a human resources department on how to motivate personnel.

"I'm not sure if that has ever come up," says Karen Schwartz, Ph.D., program coordinator for the Board of Registration of Psychologists in Massachusetts. "If you are doing work that does not require a license in one state and you are doing it in another, I would not believe that it would be an issue with the board."

Neither Rhode Island, Connecticut, nor New Hampshire issue temporary licenses to out-of-state psychologists.

"We don't have a temporary license," confirms Peggy Lynch, the New Hampshire Licensing Board administrator. "Without a license, you can't work in New Hampshire - not even for one hour."

To practice in Vermont, a psychologist would need to apply for a temporary license, a process which could take as long as two months. For someone working for a national corporation who may want to fly them to Vermont for a quick consultation on Thursday, a two-month wait for permission would be ludicrous. It's in this type of situation that someone without a license would have a competitive edge.

Division 13 has teamed up with Division 14 (Society for Industrial and Organizational Psychology) and Division 16 (School) to promote a model licensing policy that would better address the needs of their members.

"The model act will suggest allowing 60 to 90 days for mobility across state borders for this type of practice," says Blanton. "There is a motion on the table for the APA Council that states should be paying more attention to the practice directorate."

It may be a long battle but it is one that can be won, says Blanton. "What we are hoping for is either to be exempted or to have ways to follow the laws that are appropriate and doable for people who are non-health care providers."