The Board proposes a rule amendment to clearly allow for the administration of test instruments by licensed psychologists via synchronous online video communication technology rather than the traditional face-to-face requirement ....

 

DEPARTMENT OF HEALTH

Board of Psychology

RULE NO.:RULE TITLE:

64B19-18.004Use of Test Instruments

PURPOSE AND EFFECT: The Board proposes a rule amendment to clearly allow for the administration of test instruments by licensed psychologists via synchronous online video communication technology rather than the traditional face-to-face requirement for test administration.

SUMMARY: The proposed rule amendment clearly allows and adopts standards for the administration of test instruments via synchronous online video communication technology by licensed psychologists.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 490.004(4) FS.

LAW IMPLEMENTED: 490.003(4), 490.009(1)(r), (s), (v), (w) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Allen Hall, Executive Director, Board of Psychology, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3253.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B19-18.004 Use of Test Instruments.

(1) No Change.

(2) A psychologist who uses test instruments in the psychologist’s practice of psychology:

(a) Must consider whether research supports the underlying presumptions which govern the interpretive statements which would be made by the test instrument as a result of its completion by any service user;

(b) Must be able to justify the selection of any particular test instrument and the method that instrument is administered for the particular service user who takes the test at the instruction of the psychologist;

(c) Through (d) No Change.

(3) Through (4) No Change.

(5) The face-to-face requirement of subsection (4) may be satisfied via Synchronous Online Video Communication Technology (“videoconferencing”) only if all of the following circumstances exist:

(a) The administration occurs via HIPPA complaint videoconferencing platform;

(b) Immediately prior to administration of the test instrument the psychologist independently verifies the service user’s, or the service user’s guardian’s if applicable, identification via a government issued picture identification;

(c) Immediately prior to administration of the test instrument the psychologist independently verifies the service user is in a quiet setting free of distractions;

(d) The psychologist documents the rationale for test administration via videoconferencing in the service user’s records; and

(e) The psychologist provides the service user with a disclosure informing the service user that the test instrument administration via videoconferencing could have unknown impacts on the acceptance of and/or weight given to resulting evaluations and/or assessment by third parties.

A licensed psychologist who administers test instruments via videoconferencing as defined above must administer the test instruments in a manner consistent with the prevailing standard of practice for the face-to-face administration of test instruments under subsection (4) of this rule.

(6)(5) It shall be a violation of this rule for a psychologist to sign any evaluation or assessment unless the psychologist has had an active role in the evaluation or assessment of the subject as required by subsection (4), of this rule. A psychologist may not sign any evaluation or assessment that is signed by any other person unless the psychologist is signing as a supervisor, in conjunction with an evaluation or assessment performed by a psychological intern, psychological trainee or psychological resident, or as a member of a multidisciplinary diagnostic team.

(7)(6) “Test instruments” are standardized procedures which purport to objectively measure personal characteristics such as intelligence, personality, abilities, interests aptitudes, and neuropsychological functioning including evaluation of mental capacity to manage one’s affairs and to participate in legal proceedings. Examples of such tests include intelligence tests, multiple aptitude batteries, tests of special aptitudes, achievement tests, and personality tests concerned with measures of emotional and motivational functioning, interpersonal behavior, interests, attitudes and other affective variables.

(8) This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date.

Rulemaking Authority 490.004(4) FS. Law Implemented 490.003(4), 490.009(1)(r), (s), (v), (w) FS. History–New 6-14-94, Formerly 61F13-20.004, Amended 5-19-97, Formerly 54AA-18.004, Amended 3-25-02, 11-18-07,______________________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Psychology

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Psychology

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 22, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 10, 2022