Resolution concerning "Mental Health Consumer Protection Acts"
WHEREAS a major purpose of the American Psychological Association is to advance psychology as a science and profession as a means of promoting human welfare; and
WHEREAS for almost 50 years the ethical standards of the American Psychological Association have provided extensive safeguards for consumers of mental health services; and
WHEREAS those same standards have been incorporated into state law and regulation to provide additional statutory protection for the consumer; and
WHEREAS these same standards require psychologists to practice only within the boundaries of their competence as determined by demonstrable education, training, and experience; and
WHEREAS there are current efforts to introduce bills in the form of "mental health consumer protection acts" such as those currently being considered by the New Hampshire and Illinois legislatures which purport to protect consumers but on closer inspection contain many provisions that will actually harm consumers and curtail availability of quality services;
NOW THEREFORE the American Psychological Association is opposed to the enactment of legislation that, while seeming to protect the consumer, actually creates a bureaucracy and unnecessary barriers that interfere with consumer access to mental health services and fails to protect consumers.
Resolution on prescription privileges for psychologists
The Council of Representatives reaffirms as policy its 1986 acceptance of the following resolution: The practice of psychology encompasses the observation, assessment, or the alteration of behavior and/or concomitant physiological functioning through behavioral procedures. The techniques available to effect such alterations include both physical as well as purely psychological interventions applied by psychologists operating within the limits of individual training and experience.
In taking this action, the Council specifically notes that the practice of psychology includes the use of physical as well as psychological interventions when such interventions are (a) in the consumer's interest and (b) within the training, experience, and competence of the attending psychologist. Specifically, this current action contemplates and supports Association activities in seeking prescriptive privileges for psychologists. Such activities may include, but are not limited to, support and assistance for the development of appropriate training curricula and training programs, support and assistance for legislative advocacy, etc.
Council directs the Committee for the Advancement of Professional Practice, the Board of Scientific Affairs, and the Board of Educational Affairs to develop curriculum (beyond the professional psychology core) and model legislation to implement the process of preparing psychologists to prescribe.
Strategies to promote increased public understanding of the independent practice of psychology
The Association will expand and increase its activities, primarily in the Practice Directorate, but additionally wherever relevant and appropriate within Central Office to: (a) collaborate with and assist state psychological associations in their efforts to protect and enhance the practice of psychology by fully qualified providers, (b) assist states in modifying licensing laws that are inconsistent with APA policy regarding psychological practice and the qualifications of providers, and (c) support state associations in statutorily defining the title "psychologist" to mean those qualified providers with the doctoral degree, and (d) facilitate public protection by opposing legislation which permits the independent practice of psychology by unqualified providers.
The CEO will direct the development of a plan for a national educational campaign to increase public awareness about psychologists, psychological practice and the value of psychological services, education, training and research in the new health care environment.
Guidelines for engaging in the contractual provision of psychological services in schools
Given the economic recession of the past decade, school districts have sought less expensive approaches to providing psychological services to students in schools. One option frequently explored is the replacement of full time school psychologists employed by the district with psychological services provided by psychologists on a contractual basis. Such contractual services are often part time and sometimes restricted to only those services the district is legally required to provide.
While part time or full time contractual services provided by competent psychologists are reasonable alternatives, such contractual services do raise potential problems. One concern is the appropriate credential that should be obtained by a contractual provider of psychological services to schools.
The APA Model Act for State Licensure of Psychologists (APA, 1987) and most state licensing laws exempt from licensure those individuals who are credentialed as school psychologists by a state department of education and are "employed" by the schools. As contractual service provision has become more common, the question has been raised by both individuals and various state boards of psychology and education as to whether an individual can be hired to provide school psychological services on a contractual basis without a license from a board of psychology. One interpretation has been advanced that contractual services, whether full or part time, still constitute employment by the schools and thus no license is necessary beyond a department of education credential. The alternative interpretation holds that contractual services, whether full or part time, constitute the independent (i.e., autonomous) provision of services. Under the latter interpretation, the individual does not meet the criteria of employment and thus should not be exempted from licensure.
A second concern related to contractual services in school psychology deals with the potential for psychologists to lose their professional autonomy and be hired to perform specific functions rather than function as a professional who delivers comprehensive services. A clear example is a situation where a psychologist is hired to conduct assessments for special education placement where the assessment procedures and parameters are dictated by the contract with no opportunity to alter the process, if necessary. Further, such narrowly prescribed service contracts may impede the provision of comprehensive and integrated services.
The American Psychological Association/National Association of School Psychologists Interorganizational Committee (APA/NASP IOC) has reviewed the issues and concerns associated with the provision of psychological services on a contractual basis. The APA/NASP IOC developed the following policy guidelines dealing with contractual services in school psychology in order to provide guidance to state boards of education and psychology, school administrators, and individual providers of school psychological services on the appropriate credentialing and use of contractual service providers.
Contractual Psychological Services by School Psychologists In Schools
Recognizing that there are school psychologists who provide services to school districts on a part-time basis, and in order to ensure professionalism in services, the APANASP IOC recommends the following as a way to identify those school psychologists who function as employees of a school district. Other psychologists who are not employees are considered to be independent service providers under contract to a school district and therefore must be licensed by a state psychology regulatory board. In doing so, the APAMASP IOC:
recognizes that school districts employ state education agency credentialed school psychologists and that employment should be defined to include part time employment.
reaffirms the need for school systems to employ school psychologists, whether employed full or part time, to deliver a comprehensive range of services.
emphasizes that these public policy recommendations are meant to include, not exclude, existing school psychological personnel.
Within the bounds of state law and statute, any contract for services by a school psychologist with most of the following conditions should constitute employee status of a school psychologist by a school system:
a) that the person providing the agreed upon services is a school psychologist who is certified by the state board of education on the basis of having completed a program for the preparation of school psychologists that is accredited by a specialized professional accrediting body recognized by the Commission on Recognition of Post Secondary Accreditation.
b) that the work is done in the context of an employer employee relationship (e.g., the work is to be performed on school board property, using school board supplies, and under school board supervision).
c) that the contract is such that the school district takes legal responsibility for the work¬-related conduct of the school psychologist.
d) that the school system directly pays the school psychologist for all services rendered.
e) that the agreed upon school psychological services are provided in the context of a comprehensive service delivery system and are not limited to any specific type of service and include opportunities for follow up and continuing consultation.
f) that the school psychologist is given appropriate access and information to provide the agreed upon services, and that he or she is familiar with the instructional resources of the employing district such that any recipients of such services have the same opportunities as those served by a full time school psychologist.
g) that the agreed upon school psychological services are provided in a manner consistent with recognized ethical and professional standards, including appropriate supervision.
These guidelines have no binding effect and do not impose any limitations on the contracting activities of psychologists or school authorities. Decisions in this area are the responsibility of the appropriate educational and licensing authorities.