1. (a) General terms and definitions. A “qualified psychologist for the purpose of the registration of technicians” shall be a doctoral-level psychologist licensed by the Arkansas Psychology Board to practice in the area of neuropsychology having supervision privileges also approved by the board.

2. (b)

   1. (1)

      1. (A) The board shall maintain and update a registry of all technicians and psychologists who use technicians.
      2. (B) All technicians shall:

3. (i) Be registered with the board; and

   1. (ii) Function under the license of a qualified supervising psychologist in the practice of neuropsychology per board-approved statement of intent.

      1. (C) It is the intent of this part to register with the board all those individuals who function as paraprofessional technicians to assist with data gathering for purposes of neuropsychological testing.
      2. (D) Acts 2005, No. 1262, restricts the use of technicians to neuropsychological evaluations under the supervision of qualified and licensed psychologists.

   2. (2)

      1. (A) The supervising psychologist is legally responsible for all work performed by the technician.
      2. (B) A psychologist who is not authorized to supervise and perform neuropsychological testing, as determined by the board, shall not be considered qualified or permitted to register or supervise technicians.

   3. (3)

      1. (A) A person shall be identified to the public as a “technician” only when he or she is:

         1. (i) Duly registered; and
         2. (ii) Supervised by a licensed psychologist who has been authorized by the board to provide neuropsychological services.

      2. (B) The registered status of the technician:

         1. (i) Is the responsibility of a qualified psychologist; and
         2. (ii) Is not the privilege of the individual identified as a technician.
   4. (4) If a psychologist supervises a technician who previously was registered by another psychologist, the current psychologist must submit the appropriate registration with the board to reflect the change in supervisors.
   5. (5) In cases where a technician is supervised by more than one (1) qualified psychologist then each psychologist shall comply with all registration and supervision requirements.

   6. (6)

      1. (A) Technicians may be employed only by qualified supervising psychologists in the practice of or by entities that have employed licensed psychologists to provide neuropsychological services.
      2. (B) Technicians may not be supervised by anyone other than a qualified supervising psychologist.

   7. (7) Individuals employed as technicians:

      1. (A) May only be employed for neuropsychological testing; and
      2. (B) Shall be restricted to the administration and scoring of standardized objective tests they have been trained to conduct.

   8. (8) Individuals employed as technicians may not administer or score projective tests.

      1. (c) Educational requirements.
   9. (1) College-level educational coursework required of technicians should be from an accredited institution with a recognized and organized program in psychology.

   10. (2) All technicians and supervising psychologists shall meet the formal educational standards as required by Arkansas Code § 17-97-101 et seq., including those requirements related to technicians as contained in Arkansas Code § 17-97-401, which include:

       1. (A) A bachelor’s degree from a regionally accredited institution, preferably with a major in psychology;

       2. (B)

          1. (i) Passing grades in college courses in abnormal psychology, personality, psychological statistics, and psychological testing/tests and measurement.
          2. (ii)
4. (a) (a) For purposes of this section, the term “psychological testing” means, at a minimum, a course in psychological test and measurement.

5. (b) (b) A course in individual tests of intelligence taught in an accredited undergraduate program is also acceptable.

   1. (iii) For the purposes of this part, a “passing grade” means a:
6. (a) (a) “C” in a letter grading system;

7. (b) (b) “Pass” in a pass/fail system; or

   1. (c) (c) “Satisfactory” in a satisfactory/unsatisfactory grading system;

      1. (C) Technicians who have completed degrees with nonpsychology majors shall have completed passing grades in the coursework specified in subdivision (c)(2)(B) of this section;

      2. (D) Technicians shall:

         1. (i) Meet the educational requirements of Arkansas Code § 17-97-401; and
         2. (ii) Be registered with the board before engaging in testing services to the public; and

      3. (E) Individuals may not function as technicians while completing required college courses.

         1. (d) Responsible agent.
   2. (1) The qualified psychologist or psychologists under whose license the technician functions shall register the technician.
   3. (2) Psychologists attempting to register who are judged by the board to lack required coursework will be notified by the board that the individual is not qualified and will not be registered until the individual meets the requirements contained in Acts 2005, No. 1262.

8. (e) Training.

   1. (1) The supervising psychologist shall document the dates and setting in which additional and specific training of the technician was provided.

   2. (2) The supervising psychologist shall:

      1. (A) List all procedures and tests on which the technician has been trained; and
      2. (B) Include the date or dates the technician was judged to be competent to administer and score those procedures and tests.
   3. (3) The supervising psychologist is responsible for providing the board annual documentation that the technician has completed at least one (1) hour of continuing education in professional/psychological ethics.

9. (f) Confidentiality and professional obligations to the public. The supervising psychologist is responsible for maintaining confidentiality of all records consistent with:

   1. (1) Arkansas Code § 17-97-101 et seq.;
   2. (2) This part;
   3. (3) Federal Health Insurance Portability and Accountability Act of 1996 requirements; and
   4. (4) The APA Code of Ethics.

10. (g) Registration procedures.

    1. (1)

       1. (A) Technicians must be registered with the board on the appropriate form or forms supplied by the board.
       2. (B) All technicians shall complete a criminal background check as described for licensed psychologists and psychological examiners under Arkansas Code § 17-97-102.
       3. (C) The use of nonregistered technicians is considered a violation of this law, and the violating psychologist shall be held accountable.

       4. (D) Failure to submit proper registration forms for any technician before that technician is allowed to work with the public shall:

          1. (i) Constitute a violation of law; and
          2. (ii) Subject the supervising psychologist to fines or other penalties imposed by the board.
    2. (2) First-time registration of each technician will include submission of all documentation required by Acts 2005, No. 1262.
    3. (3) Renewal of registered technicians shall occur annually simultaneous with the renewal of their qualified supervising psychologist.
    4. (4) A psychologist shall notify the board in writing whenever he or she no longer supervises a technician.

    5. (5)

       1. (A) Psychologists who were supervising technicians at the time Acts 2005, No. 1262, became effective shall indicate on the registration form or forms whether the technician or technicians are being duly registered under provisions of the grandfathering clauses of Acts 2005, No. 1262.
       2. (B) Technicians shall be eligible to be considered duly registered under the grandfathering clause of Acts 2005, No. 1262, only if they were trained and supervised by a qualified psychologist prior to August 12, 2005.
       3. (C) Persons who began their employment as a technician after August 12, 2005, are not eligible to be grandfathered and must meet all educational requirements prescribed by Acts 2005, No. 1262, specifically regarding the criminal background checks.

    6. (6)

       1. (A) Licensed psychologists who are not licensed to provide neuropsychological services shall not be permitted to register or supervise technicians.
       2. (B) Psychologists with supervisory credentials, but who are not licensed by the board to provide neuropsychological services, may not submit the registration form or forms for technicians as defined by this part.

Codification Notes: The Health Insurance Portability and Accountability Act of 1996 is derived from Pub. L. No. 104-191. "APA" means American Psychological Association.