Section 90-270.138 - Exemptions to this Article(a) Nothing in this Article shall be construed to prevent the teaching of psychology, the conduct of psychological research, or the provision of psychological services or consultation to organizations or institutions, provided that such teaching, research, service, or consultation does not involve the delivery or supervision of direct psychological services to individuals or groups of individuals who are themselves, rather than a third party, the intended beneficiaries of such services, without regard to the source or extent of payment for services rendered. Nothing in this Article shall prevent the provision of expert testimony by psychologists who are otherwise exempted by this act. Persons holding an earned master's, specialist, or doctoral degree in psychology from an institution of higher education may use the title "psychologist" in activities permitted by this subsection.(b) Nothing in this Article shall be construed as limiting the activities, services, and use of official titles on the part of any person in the regular employ of the State of North Carolina or whose employment is included under the North Carolina Human Resources Act who has served in a position of employment involving the practice of psychology as defined in this Article, provided that the person was serving in this capacity on December 31, 1979.(c) Persons licensed by the State Board of Education as school psychologists and serving as employees or contractors of the Department of Public Instruction or any public school unit are not required to be licensed under this Article in order to perform the duties for which they serve the Department of Public Instruction or public school unit, and nothing in this Article shall be construed as limiting their activities, services, or titles while performing those duties for which they serve the Department of Public Instruction or public school units. If a person licensed by the State Board of Education as a school psychologist and serving as an employee or contractor of the Department of Public Instruction or a public school unit is or becomes a licensed psychologist under this Article, he or she shall be required to comply with all conditions, requirements, and obligations imposed by statute or by Board rules upon all other licensed psychologists as a condition to retaining that license. Other provisions of this Article notwithstanding, if a person licensed by the State Board of Education as a school psychologist and serving as an employee or contractor of the Department of Public Instruction or a public school unit is or becomes a licensed psychological associate under this Article, he or she shall not be required to comply with the supervision requirements otherwise applicable to licensed psychological associates by Board rules or by this Article in the course of his or her employment or contractual relationship with the Department of Public Instruction or a public school unit, but he or she shall be required to comply with all other conditions, requirements, and obligations imposed by statute or a public school unit or by Board rules upon all other licensed psychological associates as a condition to retaining that license.(d) Nothing in this Article shall be construed as limiting the activities, services, and use of title designating training status of a student, intern, fellow, or other trainee preparing for the practice of psychology under the supervision and responsibility of a qualified psychologist in an institution of higher education or service facility, provided that such activities and services constitute a part of his or her course of study as a matriculated graduate student in psychology. For individuals pursuing postdoctoral training or experience in psychology, nothing shall limit the use of a title designating training status, but the Board may develop rules defining qualified supervision, disclosure of supervisory relationships, frequency of supervision, settings to which trainees may be assigned, activities in which trainees may engage, qualifications for trainee status, nature of responsibility assumed by the supervisor, and the structure, content, and organization of postdoctoral experience.(e) Subject to subsection (g) of this section, nothing in this Article shall be construed to prevent a qualified member of other professional groups licensed or certified under the laws of this State from rendering services within the scope of practice, as defined in the statutes regulating those professional practices, provided the person does not hold himself or herself out to the public by any title or description stating or implying that the person is a psychologist or licensed, certified, or registered to practice psychology.(f) Nothing in this Article is to be construed as prohibiting a psychologist who is not a resident of North Carolina who holds an earned doctoral, master's, or specialist degree in psychology from an institution of higher education, and who is licensed or certified only in another jurisdiction, from engaging in the practice of psychology, including the provision of health services, in this State for up to five days in any calendar year. All such psychologists shall comply with supervision requirements established by the Board, and shall notify the Board in writing of their intent to practice in North Carolina, prior to the provision of any services in this State. The Board shall adopt rules implementing and defining this provision.(f1) Nothing in this Article shall be construed to prevent a behavior analyst or an assistant behavior analyst licensed under Article 43 of Chapter 90 of the General Statutes from offering services within the scope of practice authorized by the North Carolina Behavior Analysis Board.(g) Except as provided in subsection (c) of this section, if a person who is otherwise exempt from the provisions of this Article and not required to be licensed under this Article is or becomes licensed under this Article, he or she shall comply with all Board rules and statutes applicable to all other psychologists licensed under this Article. These requirements apply regardless of whether the person holds himself or herself out to the public by any title or description stating or implying that the person is a psychologist, a licensed psychological associate, or licensed to practice psychology.(h) A licensee whose license is suspended or revoked pursuant to the provisions of G.S. 90-270.148, or an applicant who is notified that he or she has failed an examination for the second time, as specified in G.S. 90-270.139(b), or an applicant who is notified that licensure is denied pursuant to G.S. 90-270.145 or G.S. 90-270.148, or an applicant who discontinues the application process at any point must terminate the practice of psychology, in accordance with the duly adopted rules of the Board.N.C. Gen. Stat. § 90-270.138
Amended by 2021 N.C. Sess. Laws 22,s. 1-b, eff. 5/17/2021, and applicable to licenses granted or renewed on or after that date.Renumbered from § 90-270.4 by 2020 N.C. Sess. Laws 82,s. 1-a, eff. 3/1/2021.Amended by 2020 N.C. Sess. Laws 49,s. 1, eff. 6/29/2020.Amended by 2013 N.C. Sess. Laws 382,s. 9.1-c, eff. 8/21/2013.Amended by 2007 N.C. Sess. Laws 468,ss. 1, 2, eff. 8/29/2007.Amended by 2006 N.C. Sess. Laws 175,s. 1, eff. 8/1/2006. 1967, c. 910, s. 4; 1977, c. 670, s. 3; 1979, c. 670, ss.3, 4; c. 1005, s. 1; 1981, c. 654, ss.1, 2; 1983, c. 82, s. 5; 1985, c. 734, ss.1 - 3; 1993, c. 375, s. 1; 1995, c. 509, s. 44.