Except as otherwise provided in this section or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed or registered by the Board before the individual may practice psychology as a psychologist or psychology associate in this State. A registered psychology associate may practice psychology in this State only if: The registered psychology associate is supervised by a licensed psychologist in accordance with regulations adopted by the Board; The supervising licensed psychologist is jointly responsible for the provision of psychological services by the registered psychology associate; and The registered psychology associate does not use any title other than “registered psychology associate”. Subject to the rules and regulations of the Board, this section does not apply to: The activities and services of and the use of an official title by an individual employed by any agency of the federal government, this State, or any political subdivision of this State, or a chartered educational institution while performing the duties of that employment; The education–related services described in regulations adopted by the State Department of Education that are performed by a certified school psychologist: While performing the duties of employment of the certified school psychologist; or While conducting staff development and training workshops for compensation; The activities and services of a student, intern, resident or fellow while pursuing a supervised course of study in psychology that the Board approves as qualifying training and experience under this title; and The activities and services of an individual licensed or certified as a psychologist in any state who recently has become a resident of this State and has an application for a license approved by the Board, provided that the individual passes the first scheduled examination for which the applicant is eligible. If, for good cause, an applicant for a license under subsection (c)(4) of this section is unable to take the first scheduled examination for which the applicant is eligible, the Board may grant an extension to the individual to take the next scheduled examination for which the applicant is eligible. The Board may authorize an unlicensed individual to practice psychology, subject to any limitations the Board imposes, if: The Board finds that the circumstances warrant; and The individual: Is not a resident of this State; and Meets the qualifications, other than residence and examination, for a license. The exceptions of subsection (c)(1) of this section do not apply to individuals who are employed by the Department, a county health department, the Baltimore City Health Department, the Department of State Police, or the Department of Public Safety and Correctional Services after July 1, 1985. An individual who is employed by any of the departments under this subsection on July 1, 1985 but who is not licensed by the Board shall function under the direct supervision of a licensed psychologist who takes full responsibility for the psychological services provided by the individual.

To qualify for a license or registration, an applicant shall be an individual who meets the requirements of this section. The applicant shall be of good moral character. The applicant shall be at least 18 years old. Except as provided in this subsection, an applicant shall reside or practice, or intend to reside or practice, in this State. The Board may issue a license or registration to an applicant who is neither a resident of this State nor practicing in this State if the applicant shows that issuing the license or registration would be in the interest of the citizens or government of this State. The applicant shall submit to a criminal history records check in accordance with § 18–302.1 of this subtitle. In addition to the other requirements of this section, to qualify to be a licensed psychologist, an applicant must have: A doctoral degree in psychology as defined in § 18–101(c)(1)(i) or (iii) of this title; and At least 2 years of professional, supervised experience in psychology that is approved by the Board in accordance with regulations adopted by the Board; or A doctoral degree in psychology as defined in § 18–101(c)(1)(ii) of this title; Received a postdoctoral respecialization certificate from a department of psychology that, at the time the certificate was issued, had a degree program that was accredited by the American Psychological Association or the Canadian Psychological Association and that included a minimum of 1,750 hours in a supervised internship in accordance with regulations adopted by the Board; and Completed a minimum of 1,500 hours of postcertification advanced training hours or precertification hours of service as a registered psychology associate in accordance with regulations adopted by the Board. Except as provided in subsection (i) of this section and in addition to the other requirements of this section, to qualify to be a registered psychology associate, an applicant shall: Have a master’s degree in clinical psychology, counseling psychology, or school psychology from a program accredited by the Council for Higher Education Accreditation; Have a master’s degree in education with a field of specialization in psychology or counseling psychology from a program accredited by the Council for Higher Education Accreditation; Be admitted to candidacy for a doctoral degree in clinical psychology, counseling psychology, school psychology, or education with a field of specialization in psychology or counseling psychology in a program accredited by the Council for Higher Education Accreditation, after having satisfactorily: Completed at least 3 years of postgraduate education in psychology; and Passed preliminary doctoral examinations; Have completed a doctoral degree in psychology or in education with a field of specialization in psychology or counseling psychology from a program accredited by the Council for Higher Education Accreditation; or Have at least a master’s level degree from a program outside the United States that has been determined by the Board to be equivalent to a degree listed in item (1), (2), or (4) of this subsection. An applicant for a psychologist license shall successfully pass: A national examination in the practice of psychology; and The State jurisprudence examination. Except as provided in subsection (i) of this section, an applicant for a psychology associate registration shall successfully pass the State jurisprudence examination. The Board shall grant a waiver of the requirements of subsections (g) and (h)(2) of this section to an applicant for a psychology associate registration if the applicant was approved by the Board before October 1, 2014, to practice psychology as a psychology associate under the supervision of a licensed psychologist.

In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services. As part of an application to the Central Repository for a State and national criminal history records check, an applicant shall submit to the Central Repository: A complete set of legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation; The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check. In accordance with §§ 10–201 through 10–229 of the Criminal Procedure Article, the Central Repository shall forward to the Board and the applicant the criminal history record information of the applicant. If an applicant has made three or more unsuccessful attempts at securing legible fingerprints, the Board may accept an alternate method of a criminal history records check as allowed by the Director of the Central Repository and the Director of the Federal Bureau of Investigation. Information obtained from the Central Repository under this section: Is confidential; May not be redisseminated; and May be used only for the licensing purpose authorized by this title. The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article. If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Board and the individual revised criminal history record information for the individual.

To apply for a license or registration to practice psychology, an applicant shall: Submit a verified application to the Board on the form that the Board requires; Pay to the Board the application fee set by the Board; and Submit to a criminal history records check in accordance with § 18–302.1 of this subtitle.

An applicant who otherwise qualifies for a license or registration is entitled to be examined as provided in this section. The Board shall give examinations to applicants at least once a year, at the times and places that the Board determines. The Board shall notify each qualified applicant of the time and place of examination. The Board shall determine the subjects, scope, form, and passing score for examinations given under this subtitle. The Board may not limit the number of times an applicant may take an examination required under this subtitle. The applicant shall pay to the Board a reexamination fee set by the Board for each reexamination.

Subject to the provisions of this section, the Board may waive any examination requirement of this title for an individual who is licensed or certified as a psychologist in any other state. The Board may grant a waiver under this section only if the applicant: Pays the application fee required by the Board under § 18-303 of this subtitle; and Provides adequate evidence that the applicant: Meets the qualifications otherwise required by this title; and Became licensed or certified in the other state under requirements substantially equivalent to the licensing requirements of this title.

Except as provided for in paragraph (2) of this subsection, the Board shall issue an electronic license or registration to any applicant who meets the requirements of this title. On specific request of an applicant, the Board shall print from its website a paper copy of the verification of licensure or registration and send it by first–class mail to the address on the application for the license or registration. On receipt of the criminal history record information of an applicant for licensure or registration forwarded to the Board in accordance with § 18–302.1 of this subtitle, in determining whether to grant a license or registration, the Board shall consider: The age at which the crime was committed; The circumstances surrounding the crime; The length of time that has passed since the crime; Subsequent work history; Employment and character references; and Other evidence that demonstrates whether the applicant poses a threat to the public health or safety. The Board may not issue a license or registration if the criminal history record information required under § 18–302.1 of this subtitle has not been received.

Except as otherwise provided in this section, a license or registration authorizes the licensee or registrant to practice psychology while the license or registration is effective. An individual licensed by the Board is authorized to use the words “psychological”, “psychologist”, or “psychology” to describe the services the individual provides, for purposes of reimbursement, but not for any other purpose, if: The individual originally was certified without examination because the individual had at least 25 years of experience as an instructor in psychiatry on the teaching staff of an accredited school of medicine in this State and applied for certification without examination before January 1, 1979; and When the individual was certified, the Board stipulated that the use of those words by the individual was so limited.

The Board shall maintain a roster that contains the name and address of each psychologist and psychology associate currently licensed or registered, listed alphabetically by name and geographically by address, and any other information the Board considers desirable. The Board shall: Respond to inquiries from the public regarding information contained in the roster; and Provide copies of the roster by mail to the public on request.

A license or registration expires on the date set by the Board, unless it is renewed for an additional term as provided in this section. A license or registration may not be renewed for a term longer than 2 years. At least 90 days before a license expires, the Board shall send a renewal notice to the licensee by electronic means to the last known electronic mail address of the licensee. If a renewal notice sent by electronic means is returned to the Board as undeliverable, or on specific request by the licensee, the Board shall send a renewal notice to the licensee by first–class mail to the last known address of the licensee. At least 90 days before a registration expires, the Board shall send a renewal notice to the registrant by electronic means to the last known electronic mail address of the registrant. If a renewal notice sent by electronic means is returned to the Board as undeliverable, or on specific request by the registrant, the Board shall send a renewal notice to the registrant by first–class mail to the last known address of the registrant. The renewal notice sent under subsection (b) of this section shall state: The date on which the current license or registration expires; The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license or registration expires; and The amount of the renewal fee. Each licensee or registrant shall notify the Board in writing of any change in the licensee’s or registrant’s address or electronic mail address within 30 days after the change occurs. Before the license or registration expires, the licensee or registrant periodically may renew it for an additional 2–year term, if the licensee or registrant: Otherwise is entitled to be licensed or registered; Pays to the Board a renewal fee set by the Board; and Submits to the Board: A renewal application on the form that the Board requires; and Satisfactory evidence of compliance with any continuing education requirements set under this section for license or registration renewal. The Board may establish continuing education requirements as a condition to the renewal of licenses or registrations under this section. The requirements established under this subsection shall be set by the Board as to the amount and type of study required. The Board shall renew the license or registration of each licensee or registrant who meets the requirements of this section.

The Board shall place a licensee on inactive status, if the licensee submits to the Board: An application for inactive status on the form required by the Board; and The inactive status fee set by the Board. The Board shall license an individual on inactive status who applies for a license if the individual: Complies with the renewal requirements that exist at the time the individual changes from inactive status to active status; and Meets the continuing education requirements set by the Board. The Board may not require payment of a late fee by an individual as a condition to licensing under this paragraph. The Board shall reinstate the license or registration of a psychologist or psychology associate who has failed to renew the license or registration for any reason if the psychologist or psychology associate: Meets the renewal requirements of § 18–309 of this subtitle; Pays to the Board a reinstatement fee set by the Board; and Applies to the Board for reinstatement of the license or registration within 5 years after the license or registration expires. The Board may not reinstate the license or registration of a psychologist or psychology associate who fails to apply for reinstatement of the license or registration within 5 years after the license or registration expires. A psychologist or psychology associate who fails to apply for reinstatement of the license or registration within 5 years after the license or registration expires may become licensed or registered by meeting the current requirements for obtaining a new license or registration under this title.

The Board shall adopt a code of ethics for psychologists and psychology associates in this State. The code of ethics adopted under paragraph (1) of this subsection shall be designed to protect the public interest. In adopting the code of ethics, the Board shall consider: The ethical standards of psychologists published by the American Psychological Association; and The professional character of psychological services. In adopting the code of ethics, the Board shall announce and hold public hearings on the subject.

Unless the Board agrees to accept the surrender of a license or registration, a licensed psychologist or registered psychology associate may not surrender the license or registration nor may the license or registration lapse by operation of law while the licensee or registrant is under investigation or while charges are pending against the psychologist or psychology associate. The Board may set conditions on its agreement with the psychologist or psychology associate under investigation or against whom charges are pending to accept surrender of the psychologist’s license or psychology associate’s registration.

Subject to the hearing provisions of § 18–315 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a license or registration to any applicant, reprimand any licensee or registrant, place any licensee or registrant on probation, or suspend or revoke a license or registration of any licensee or registrant if the applicant, licensee, or registrant: Fraudulently or deceptively obtains or attempts to obtain a license or registration for the applicant, licensee, or registrant or for another; Fraudulently or deceptively uses a license or registration; Is convicted of or pleads guilty or nolo contendere to a felony or a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside; Is or has been addicted to any narcotic or habitually intoxicated; Aids or abets an unauthorized person in practicing psychology or representing oneself to be a psychologist or a psychology associate; Practices psychology fraudulently or deceitfully; Violates the code of ethics adopted by the Board under § 18–311 of this subtitle; Willfully fails to file or record any report as required under law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report; Submits a false statement to collect a fee; Willfully makes or files a false report or record in the practice of psychology; Is disciplined by a licensing or disciplinary authority of any state or country or convicted or disciplined by a court of any state or country, or disciplined by any branch of the uniformed services or the U.S. Department of Veterans Affairs, for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes; Violates any provision of this title or any regulation adopted by the Board; Uses or promotes or causes the use of any misleading, deceiving, or untruthful advertising matter, promotional literature, or testimonial; Is professionally, physically, or mentally incompetent; Promotes the sale of devices, appliances, or goods to a patient so as to exploit the patient for financial gain; Behaves immorally in the practice of psychology; Commits an act of unprofessional conduct in the practice of psychology; Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee or registrant is licensed or registered and qualified to render because the individual is HIV positive; Fails to cooperate with a lawful investigation conducted by the Board; Does an act that is inconsistent with generally accepted professional standards in the practice of psychology; Fails to submit to a criminal history records check in accordance with § 18–302.1 of this subtitle; or Fails to supervise a registered psychology associate in accordance with regulations adopted by the Board.

If, after a hearing under § 18–315 of this subtitle, the Board finds that there are grounds under § 18–313 of this subtitle to suspend or revoke a license or registration or to reprimand a licensee or registrant, the Board may impose a monetary penalty not exceeding $10,000: Instead of suspending the license or registration; or In addition to suspending or revoking the license or registration. The Board shall adopt regulations to set standards for the imposition of monetary penalties under this section. The Board shall pay any penalty collected under this section into the General Fund of the State.

If, in investigating an allegation brought against a licensee or registrant under this title, the Board has reason to believe that the licensee or registrant may cause harm to persons affected by the licensee’s or registrant’s practice of psychology, the Board, on its own initiative, may direct the licensee or registrant to submit to an appropriate examination by a psychologist or physician designated by the Board. In return for the privilege given to a licensee or registrant to practice psychology in the State, the licensee or registrant is deemed to have: Consented to submit to an examination under this section, if requested by the Board in writing; and Waived any claim of privilege as to the testimony or examination reports of the examining psychologist or physician. The failure or refusal of the licensee or registrant to submit to an examination required under subsection (b) of this section is prima facie evidence of the licensee’s or registrant’s inability to practice psychology competently, unless the Board finds that the failure or refusal was beyond the control of the licensee or registrant. The Board shall pay the cost of any examination made under this section.

Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 18-313 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board. The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act. The hearing notice to be given to the individual shall be served personally or by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the last known address of the individual at least 10 days before the hearing. The individual may be represented at the hearing by counsel. Over the signature of an officer or the administrator of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before the Board. The Board shall issue subpoenas on behalf of the individual if the individual: Requests that the Board do so; and States under oath that the testimony or evidence sought is necessary to the individual’s defense. If, without lawful excuse, an individual disobeys a subpoena from the Board or an order by the Board to take an oath, testify, or answer a question, on petition of the Board, a court of competent jurisdiction may compel compliance with the subpoena. If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter. The hearing of charges may not be stayed or challenged by any procedural defects alleged to have occurred before the filing of charges.

Except as provided in this section for an action under § 18–313 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act. Any person aggrieved by a final decision of the Board under § 18–313 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act. A decision of the Board to deny a license or registration, enforce a suspension of a license or registration for more than 1 year, or revoke a license or registration may not be stayed pending judicial review.

For reasons the Board considers sufficient, and on the affirmative vote of a majority of its members then serving, the Board may: Reinstate a license or registration that has been revoked; Reduce the period of a suspension; or Withdraw a reprimand.

An action may be maintained in the name of the State or the Board to enjoin: The unauthorized practice of psychology; or Conduct that is a ground for disciplinary action under § 18-313 of this subtitle. An action under this section may be brought by: The Board, in its own name; The Attorney General, in the name of the State; or A State’s Attorney, in the name of the State. An action under this section shall be brought in the county where the defendant: Resides; or Engages in the acts sought to be enjoined. Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this section. An action under this section is in addition to and not instead of criminal prosecution for the unauthorized practice of psychology under § 18-401 of this title or disciplinary action under § 18-313 of this subtitle.

In this section, “psychologist rehabilitation committee” means a committee that: Is defined in subsection (b) of this section; and Performs any of the functions listed in subsection (d) of this section. For purposes of this section, a psychologist rehabilitation committee is a committee of the Board or a committee of the Maryland Psychological Association that: Is recognized by the Board; and Includes but is not limited to psychologists. A rehabilitation committee of the Board or recognized by the Board may function: Solely for the Board; or Jointly with a rehabilitation committee representing another board or boards. For purposes of this section, a psychologist rehabilitation committee evaluates and provides assistance to any psychologist, and any other individual regulated by the Board, in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition. Except as otherwise provided in this subsection, the proceedings, records, and files of the psychologist rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of the matters that are being or have been reviewed and evaluated by the psychologist rehabilitation committee. Paragraph (1) of this subsection does not apply to any record or document that is considered by the psychologist rehabilitation committee and that otherwise would be subject to discovery or introduction into evidence in a civil action. For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board. A person who acts in good faith and within the scope of jurisdiction of the psychologist rehabilitation committee is not civilly liable for any action as a member of the psychologist rehabilitation committee or for giving information to, participating in, or contributing to the function of the psychologist rehabilitation committee.