Loading...
Ordinance 79-055ORDINANCE NO. 79-55 EMERGENCY ORDINANCE REVOKING ~IE LICENSES TO PRACTICE THE PROFESSION OF PSYCHOLOGY OF THOSE PERSONS TO ~;OM LICENSES HAVE BEEN ISSUED SINCE JULY 1, 1979; DECLARING TINT A PUBLIC EMERGENCY EXISTS; CREATING THE COLLIER COUNTY BOARD OF PSYCHOLOGY PRACTICE LICENSE APPEALS; PROVIDING THE MEMBERSHIP, DUTIES AND RESPONSIBILITIES OF SAID BOARD; REQUIRING CREDENTIALS FOR THE PRACTICE OF THE PROFESSION OF PSYCHOLOGY; REQUIRING AN OCCUPATIONAL LICENSE; PROVIDING SEVERA- BILITY; PROVIDING AN IMMEDIATE EFFECTIVE DATE: AND PROVIDING FOR ~{E CLERK TO PUBLISH THE ORDINANCE. ~EREAS, the Board of County Commissioners finds that there have been numerous applications from unqualified persons for licenses to engage in the practice of the profession of psychology since July 1, 1979, and that this constitutes a public emergency threatening the health, welfare and safety of the citizens of Collier County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. The foregoing recitation is hereby incorporated into this Ordinance. Section 2. The practice of psychology is declared to be a profession affecting the public welfare and subject to regulation and control in the public interest. The profession of psychology must merit and receive the confidence of the public, and only qualified psychologists must be permitted to practice the pro- fession of psychology in the County.~ Ail provisions of this Ordinance relating to the practice of psychology shall be liberally construed to carry out these objects and purposes. Section 3. (a) A person represents himself to be a psychologist when he holds himself out to the public by any title or descr~iption of services incorporating the word "psychology" "psychologf'st,,?~ or "psychological" or offers to render or renders p~ch~logi~l's~rvices to individuals, groups organizations, or (b) The practice of psychology and the rendering of psy- chological services within the meaning of this Ordinance is defined as rendering to individuals, groups, organizations, or the public any service involving the application of principles, methods, and procedures of understanding, predicting and influen- cing behavior. Included are the principles pertaining to learning, perception, motivation, thinking, emotion, and interpersonal relationships. (c) Psychologists licensed under this Ordinance may, within the limits of their individual competence and preparation, apply the methods and procedures of interviewing and counseling and the methods and procedures of constructing, administering, and inter- preting tests of mental abilities, aptitudes, interest, attitudes, personality characteristics, and motivations. The application of such principles, methods, and procedures includes, but is not restricted to psychological diagnostic assessment, prevention, and amelioration of adjustment problems and behaviorial disorders of individuals and groups, psychplogtcal hypnosis, educational and vocational counselimg, personnel selection and management development, evaluation and planning for effective work and learning situations, advertising and market research, the resolution of interpersonal and social conflict, lecturing on or teaching of psychology, and the design and conduct of psycho~ogical research. (d) Nothing in this Ordinance shall be construed to limit or obstruct the practice of other recognized businesses and professions or to prevent qualified members of other professional groups from doing work on a psychological nature consistent with their training and with any code of ethics of their respective professions designed for the protection of the public if they do not hold themselves out to the public by any title or description incorporating the words "psychological," "psychologist," or "psychology." Section 4. Ail occupational licenses to practice psychology or to engage in a business designated by the term "psychology," "psychologist," or "psychological" issued on or since July 1, 1979 are hereby revoked. No future such licenses shall be issued except to persons who shall have satisfied the requirements and criteria set forth in Section 9 herein. Section 5. Ail license fees paid for the revoked licenses referred to in Section 4 above shall be reimbursed in full, upon surrender of the original certificate of license to the Collier County Tax Collector, prior to August 31, 1979. Section 6. Ail persons heretofore certified as psychologists in Florida according to provisions of former Chapter 490 as existing on June 30, 1979 and can submit proof of such certification shall be entitled to the issuance of an occupational license under this Ordinance, nor shall this Ordinance be construed to invalidate or revoke any licenses of practicing psychologists who obtained their licenses prior to July 1, 1979, and whose licenses are still in effect on the effective date of this Ordinance. Section 7. (a) There is hereby created the Collier County Board of Psychology Practice Lidensa Appeals ("the Board"), with duties and powers hereinafter defined. (b) The Board shall consist of three (3) licensed psy- chologists practicing in Collier County, and the initial members of the Board are: William A. Love, Jr., Ph.D Edward Roca, Ph.D Russ Masterson, Ph.D (c) The Board shall act only on a majority vote of a quorum, which is defined as the full membership of the Board. (d) The Board members shall serve until December 31, 1979. '(e) Persons whose licenses are revoked by this Ordinance or who may otherwise be aggrieved by the provisions hereof may petition the Board for a hearing. (f) The Board shall appoint one of its members as a Secretary whose duties shall be to create and maintain a record of applicants, applications, and written decisions of the Board and to communicate the Board's decisions to the Tax Collector. (g) The Board shall meet as often as is necessary to carry out its business, but at least once per month. Upon receipt of an application for an occupational license for psychology, the Board shall notify the application of the time and location of the next meeting of the Board, at which time the applicant shall have the opportunity to be heard. The Board shall provide a stenographic record of all proceedings. (h) Review of the decisions of the Board shall be by writ of certiorari to the Circuit Court in accordance with the Florida Appellate Rules. Section 8. Upon receipt of the application for an occupational license to practica the profession of psychology, the tax collector shall forward all documentation provided by the applicant to the Secretary of the Board. The Board shall consider the applications for occupational license and supporting documentation and render its decision therein within thirty (30) days of the application. Section 9. No person shall be entitled to obtain an occupa- tional license to practice the profession of psychology unless that person satisfies the Board that he or she: (a) Has received a doctoral degree with a major in Psychology, Clinical Psychology, Educational Psychology, School Psychology, or Counseling Psychology from a university or professional school that has a program approved by the American Psychological Associa- tion or has received a doctoral degree from a university or professional school maintaining a standard of training comparable with those universities having programs approved by the American Psychological Association, and' (b) Has had at least two (2) years' or 4.000 hours' full- time experience in the field of psychology, in association with, or under the supervision of a psychologist meeting the academic and experience requirements of this Ordinance. The experience requirement may be met by work performed on or off the premises of the supervising psychologist. No more than one (1) year of predoctoral experience may be utilized in satisfying the experience requirement, and 009 (c) Conforms to such ethical standardl of cha profession as adopted by the Board. Section 10. It shall be unlawful for anyone to practice psychology in the County without first procuring an occupational license in accordance with this Ordinance. Section 11. Ail applications for a l£cense as a psychologist shall be made on a form to be supplied by the Board to the Collier County Tax Collector and shall contain such questions as the Board deems appropriate to insure compliance with this Ordinance. Section 12. If any section, subsection, sentence, clause or provi~ion of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. Section 13. It is the intention of the County Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part oE the Code of Collier County, Florida; that the sec'tions of this Ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 14. Be it declared that an emergency exists and the immediate enactment of this Ordinance is necessary, therefore, notice requirements are waived and this Ordinance shall take effect immediately upon its placement in the United States mail to the Secretary of State. Section 15. The provisions of this Ordinance shall remain in full force and effect only until December 31, 197~, at which time it shall be deemed repealed. Section 16. The Clerk of this Board is hercby dircctcd to cause this Ordinance co be published within ten (10) days of this effective date in a daily newspaper of general circulation. PASSED AND DULY ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, this 31st day of July, 1979. ATT~ST.:~ ~ ;,,. .~. COUNTY COMblISSIONERS .~'I°LLI~/~ J."r~.R~AGAN, ~lerk COLLIE DUNTY FLORIDA ,- : ' Deputy Cle'r~'~' By:_ '. "~i::~'~,~ .,":':"t' ~", Chat~an / .. 5~, ..~ ~ ,. ' '<' 009 . ~t~',,~ ~ STATE OFiF~ORIDA ) COUNTY OFiCOLLIER ) I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier CounLy, Florida, do hereby certify that the foregoing is a true original o~t ORDINANCE NO. ?D-SS which was adopted by the Board of County Commissioners durt'ng via emergency procedures Regular Session July 31 ....... 19?R. WITNESS my hand and the official seal of the Board of County Commissioners of, Collier County, F)orida, this" 31'st day of July , 1979. WILLIAM J, REAGAN Clerk of Courts and Clerk Ex-officio to ~oard of County Commissioners