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An Act To Improve the Delivery of School Psychological Services to Children
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §12004-I, sub-§12-A, as enacted by PL 1993, c. 207, §2, is amended to read:
 
12-A.   
Sec. 2. 20-A MRSA §13022, as enacted by PL 1993, c. 207, §3, is amended to read:
§ 13022.School psychologists
 
1. Definitions.  For purposes of As used in this section, a "school psychological service provider" is a professional who provides psychological assessment, consultation or direct services, other than psychotherapy, to students enrolled in a public school or approved private schoolunless the context otherwise indicates, the following terms have the following meanings.
 
A.  "Response to intervention" means a method of academic intervention that is designed to provide early, effective assistance to children who have difficulty learning.
 
B.  "School psychologist" means a professional who provides psychological assessment, consultation or direct services, other than psychotherapy, to students enrolled in a public school or approved private school.
 
1-A.  School psychological services.     The scope of practice for school psychological services delivered on a contract or employment basis by certified school psychologists involves engaging in systematically collecting and analyzing data from multiple sources as a foundation for engaging in applied research and decision making in general and special education, including response to intervention. The scope of practice includes providing developmental, psychological and educational assessments, diagnoses and recommendations related to educational performance; providing systemwide and individual consultation and collaborative and direct services for planning, implementing and evaluating academic, behavioral, life-skill, social and school-based mental health services; providing counseling and social skills training to address factors affecting educational performance; and providing staff training and supervision of specialized programs within the educational setting for children prekindergarten to grade 12 eligible to be enrolled in educational and intermediate educational units, special education programs and approved private schools.
 
2. Certification by commissioner.   The commissioner shall certify school psychological service providerspsychologists pursuant to rules adopted by the state board. The rules must include a code of ethics and practice standards for school psychological service providerscertified school psychologists that follow national standards set forth by the National Association of School Psychologists and the American Psychological Association, violation of which constitutes grounds for suspension or revocation of the certification.
 
3. Qualifications.   State board rules governing the qualifications for a school psychological service providerpsychologist certificate must require that a certificate be issued only to an applicant who has met the academic and preprofessional requirements established by the state board for the provision of school psychological services and who, at a minimum:
 
A.  Holds a graduate degree from an accredited program in school psychology that was approved by the National Association of School Psychologists/National Council for Accreditation of Teacher Education or the American Psychological Association in School Psychology at the time the degree was awarded;
 
B.  Has completed graduate work that is determined by the commissioner to be substantially similar to the programs referred to in paragraph A; or
 
C.  Holds a valid license from the State Board of Examiners of Psychologists with demonstrated competency in the area of school psychology as established by the state board.
 
4. Term of issuance.   The commissioner shall issue a school psychological service providerpsychologist certificate for a term of years consistent with rules adopted by the state board. The length of the term may vary among certificate holders so as to be coterminous with any other professional license or certificate held by the school psychological service providerpsychologist. The school psychological service providerpsychologist certificate may be renewed in accordance with academic and professional requirements established by the state board. During the certified school psychologist's first year of employment, the employer is required to provide at least 2 hours per week of individual or group supervision with a certified school psychologist or licensed psychologist in accordance with National Association of School Psychologists/National Council for Accreditation of Teacher Education's practice guidelines. Evidence of supervision is required for renewal purposes as established by the state board.
 
5. Exclusive regulatory authority.   The provisions of Title 32, chapter 56 do not apply to persons certified as school psychological service providerspsychologists under this section except to the extent that suchthe persons are also licensed or seek licensure under that chapter, engage in the practice of psychology beyond the scope of this section or hold themselves out as psychologists or psychological examiners.
 
6. Designation.   Persons certified under this section may hold themselves out as school psychological service providers or may use any business name incorporating variations of that title but may not hold themselves out as psychologists, psychological examiners or any business name incorporating variations of those titlespsychologists but must include the word "school" or as nationally certified school psychologists if they hold the credentials as designated by the National Association of School Psychologists and may not hold themselves out as psychologists, psychological examiners or any business name incorporating variations of those titles other than certified school psychologists or nationally certified school psychologists unless they are appropriately licensed under Title 32, chapter 56.
 
7. Advisory committee.   There is established within the department, in accordance with Title 5, section 12004-I, the Advisory Committee on School Psychological Service ProvidersPsychologists, referred to in this subsection as "the committee."
 
A. The duties of the committee are:
 
(1) To advise the state board in the adoption of rules and a code of ethics and practice standards for school psychological service providerspsychologists; and
 
(2) To assist the commissioner in:
 
(i) Certifying school psychological service providerspsychologists;
 
(ii) Investigating alleged violations of the code of ethics and practice standards adopted by the state board; and
 
(iii) Investigating alleged violations of section 13020 and certification rules governing school psychological service providerspsychologists.
 
B. The committee consists of 9 members appointed by the commissioner. The membership consists of 2 certified psychological service providersschool psychologists, 2 licensed psychologists, one faculty member from a graduate program in school psychology, one educator from a public school or approved private school and 3 parents or guardians of students.
 
C. Three members of the committee must be initially appointed for a term of one year, 3 for a term of 2 years and 3 for a term of 3 years. All appointments must be for a term of 3 years thereafter. Any member may serve beyond the expiration date of that member's term until a successor has been appointed and qualified. Any vacancy on the committee must be filled for the unexpired portion of the term. The committee shall elect its own chair.
 
D. Members of the committee are entitled to receive compensation according to the provisions of Title 5, chapter 379.
 
8. Transition.   Persons certified as school psychologists and school psychological examiners on the effective date of this sectionOctober 13, 1993 may continue to provide the services authorized by their respective certificates until the scheduled expiration of those certificates. The state board's rules must contain a schedule affording all certified school psychologists and school psychological examiners a reasonable amount of time to meet the requirements of the certificate authorized by subsection 2.
 
9.  Reimbursement.     Educational and intermediate educational units, special education programs and approved private schools are eligible for reimbursement for the services provided to students who are Medicaid recipients as defined in Title 22, section 3172, subsection 3 by certified school psychologists through the MaineCare program to the same extent that the services of a psychologist are eligible for reimbursement.
 
SUMMARY
This bill changes the term "school psychological service provider" to "school psychologist" in the law pertaining to school psychological services. The bill directs the Commissioner of Education to revise the rules to align the code of ethics and practice standards with those set by the National Association of School Psychologists and the American Psychological Association. It requires that upon initial issuance of a certificate and in the first year of employment a school psychologist is required to participate in at least 2 hours per week of individual or group supervision with a certified school psychologist or licensed psychologist. The bill also authorizes a school to be reimbursed for services provided by a school psychologist to students who are Medicaid recipients.