251 CMR, § 3.10

Current through Register 1536, December 6, 2024
Section 3.10 - Procedures for Renewal and Reinstatement of a License
(1)Requirements for Renewal of License. A licensee must renew his or her license every two years. The following are the requirements for renewal of a license:
(a) A licensee must submit to the Board a completed renewal application and required fees, prior to the renewal/expiration date of the license; and
(b) A licensee must fulfill the continuing education requirements set forth in 251 CMR 4.00: Continuing Education.
(c) Pursuant to M.G.L. c. 112, § 264, applicants and licensees shall participate in domestic violence and sexual violence training as a condition for licensure, renewal, revival or reinstatement of licensure.
1. The Board, in consultation with the Department of Public Health, will identify programs or courses of study that meet the standards required by this provision and provide its licensees with a list of such programs or courses.
2. An applicant for renewal, revival or reinstatement of licensure, who has previously completed a program or course approved by the Board shall not be required to participate in a subsequent program or course of domestic violence and sexual violence training except where the Board, in its discretion, requires completion of such a program or course as a condition of renewal, revival, or reinstatement of licensure.
(2)Procedures for Renewal of a Lapsed/Expired License.
(a) If a licensee fails to meet the requirements for renewal of his or her license, as set forth in 251 CMR 3.10, the license of such person is considered lapsed or expired. A lapsed or expired license is a license not in good standing. A licensee with a lapsed/expired license is not authorized to practice psychology or use the title "psychologist" during the period that the license is lapsed/expired.
(b) A licensee who renews his or her license within one renewal cycle (two years) after the date the license lapsed/expired, may apply to the Board for renewal of the license by submitting a completed renewal form, paying all past due renewal and late fees, and presenting evidence satisfactory to the Board of having completed all continuing education credits required by 251 CMR 4.00: Continuing Education.
(c) A licensee who fails to renew his or her license within one renewal cycle (two years) after the date the license lapsed/expired, may apply to the Board for renewal of his or her license as follows:
1. If practicing psychology in Massachusetts during the period the license was lapsed/ expired:
a. A petition for renewal, made under oath and signed before a notary public, must be filed with the Board, which sets forth in detail the licensee's professional activities during the period the licensee has been lapsed/expired;
b. Sworn and notarized statements from at least two licensed psychologists who are familiar with the licensee's work and professional history during the period the license has been lapsed/expired must be filed with the Board. Such statements must describe the basis of the affiants' knowledge;
c. A completed renewal form and all required past due renewal and late fees must be submitted to the Board;
d. Documentation of fulfillment of the continuing education requirements of 251 CMR 4.00: Continuing Education must also be filed with the Board. The number of continuing education hours required to be completed by an applicant for renewal of a lapsed/expired license shall be based on 20 hours per renewal period and determined by the number of renewal periods between the latter of the date the applicant last renewed his or her license, and the most recent renewal date prior to the application for renewal;
e. An applicant for renewal of a lapsed/expired license may also be required to personally appear before the Board or a subcommittee of its members; and
f. An applicant for renewal who has failed to renew his or her license for more than two renewal periods may be required to achieve a passing score on the current national psychology licensing examination and any other examination required for licensure. The Board will not renew the license of an applicant who is required to achieve a passing score on such examination(s) prior to the Board's receipt of official notice that the applicant has achieved a passing score on the required examination(s).
2. If not practicing psychology during the period the license was lapsed/expired:
a. a completed renewal form, payment of the application fee, current license fee, and a late fee;
b. submission of an affidavit signed under the penalties of perjury attesting that the applicant has not been practicing psychology during the period the license was lapsed/expired;
c. presentation of evidence satisfactory to the Board of having completed all continuing education credits required by 251 CMR 3.10 and 4.00: Continuing Education;
d. where required by the Board, fulfillment of the requirements of 251 CMR 3.10(2)(c)1.f.; and
e. where required by the Board, fulfillment of additional supervised experience requirement to demonstrate current clinical competence.
(3)Procedures for Reinstatement of a License which has been Revoked, Suspended,Surrendered or Placed on Probation.
(a) No license which has been revoked, suspended, surrendered or placed on probation will be reinstated or otherwise returned to good standing prior to the licensee's compliance with the requirements of 251 CMR 3.10.
(b) A person previously registered by the Board whose license has been revoked, suspended, surrendered or placed on probation, may apply to the Board for reinstatement or return of the license to good standing of his or her license in accordance with the following procedures:
1.A petition for reinstatement made under oath and signed before a notary public setting forth in detail the background of the complaint and/or disciplinary action taken regarding the applicant and the reasons why the license should be reinstated or returned to good standing at that time. The petition must include a detailed summary of the applicant's activities during the period of probation, revocation, suspension or surrender, including, but not limited to, the applicant's professional activities, personal psychotherapy and/or other remediative activities, and academic and other continuing education activities. The petition must also include an outline of the applicant's projected professional plans for the two year period following reinstatement;
2.Documentation of fulfillment of the continuing education requirements of 251 CMR 4.00: Continuing Education, together with documentation of any additional continuing education requirements ordered by the Board, must be filed with the Board;
3.Documentation of fulfillment of the conditions of any consent agreement or decision and order of the Board (e.g. supervision, toxicological testing, psychotherapy, etc.) must be filed with the Board.
4.Sworn and notarized statements from at least three persons (two of whom must be licensed psychologists) who have read the complaint and consent agreement or decision and order of the Board regarding the applicant must be submitted to the Board. Such affidavits must attest to the character of the applicant (including any history of substance abuse), as well as the applicant's work and professional history since the date of probation, revocation, suspension or surrender. Such statements must describe the basis of the affiant's knowledge;
5.The licensee and any supervising psychologist may be required to make a personal appearance before the Board or a subcommittee of its members; and
6.An applicant for reinstatement may be required to achieve a passing score on the current national psychology licensure examination and any other examination required for licensure. The Board will not reinstate the license of an applicant who is required to achieve a passing score on such examination(s) prior to the Board's receipt of official notice that the applicant has achieved a passing score on the required examination(s).
(c) Unless the Board orders otherwise, a person previously registered by the Board:
1.whose license has been revoked, may apply for reinstatement not sooner than three years from the date of revocation (M.G.L. c. 112, § 129);
2.whose license has been suspended or placed on probation, may apply for reinstatement or return to good standing not sooner than two months prior to the expiration of the period of suspension or probation ordered by the Board and/or consented to by the applicant; and
3.whose license has been surrendered, may apply for reinstatement not sooner than two months prior to the expiration of the period of surrender consented to by the applicant, or three years if no period is specified.
(d) If the Board denies a petition for reinstatement, an applicant may not re petition the Board for reinstatement until at least one year after the date of denial of the petition, unless otherwise ordered by the Board.

251 CMR, § 3.10

Amended by Mass Register Issue 1267, eff. 8/15/2014.
Amended by Mass Register Issue 1315, eff. 6/17/2016.