Ohio Admin. Code 4732-17-01.2

Current through all regulations passed and filed through December 9, 2024

Section 4732-17-01.2 - [Effective 1/1/2025] Licensed school psychologist rules of professional conduct

Pursuant to section 4732.17 of the Revised Code, the board promulgates the following licensed school psychologist rules of professional conduct:

(A) General considerations:

(1) Purpose. The rules of professional conduct constitute the standards against which the required professional conduct of a licensed school psychologist is measured.

(2) Scope. The rules of professional conduct shall apply to the conduct of all license holders, supervisees, and applicants, including the applicant's conduct during the period of education and training required for licensure. The term "school psychologist," as used within these rules of professional conduct, shall be interpreted accordingly, whenever school psychological services are being provided in any context.

(3) Violations. A violation of the rules of professional conduct constitutes unprofessional conduct and is sufficient reason for a reprimand, suspension or revocation of a license, or denial of either original licensure or reinstatement of licensure.

(4) Aids to interpretation. Ethics codes and standards for providers promulgated by the "National Association of School Psychologists," the "American Psychological Association," the "Association of State and Provincial Psychology Boards," and other relevant professional groups shall be used as aids in resolving ambiguities that may arise in the interpretation of the rules of professional conduct, except that the rules of professional conduct shall prevail whenever any conflict exists between the rules and any professional association standard.

(5) A licensed school psychologist or an applicant for licensure shall provide a written response within a reasonable period of time not to exceed sixty days to any written inquiry regarding compliance with law or rule, received from the board.

(B) Negligence. Licensed school psychologists shall practice according to the highest ethical standards of the profession. A licensed school psychologist shall be considered negligent if his/her conduct or behaviors toward students, guardians, supervisees, or other employees, in the judgment of the board, clearly fall below the standards for acceptable practice of school psychology. Examples of negligence include, but are not necessarily limited to:

(1) Sexual harassment. Licensed school psychologist shall not engage in sexual harassment. Sexual harassment is sexual solicitation, physical advances, or verbal or nonverbal conduct that is sexual in nature, that occurs in connection with the license holder's professional activities, and that either (a) is unwelcome, is offensive, or creates a hostile workplace or educational environment, and the psychologist knows or is told this or (b) is sufficiently severe or intense to be abusive to a reasonable person in the context. Sexual harassment can consist of a single intense or severe act or of multiple persistent or pervasive acts.

(2) Misrepresentation of qualifications. A licensed school psychologist shall not misrepresent through false or misleading information his/her professional qualifications such as education, specialized training, experience, or area(s) of competence. A school psychologist shall not represent oneself as a "psychologist" or "licensed psychologist."

(3) Disparaging a colleague, peer, or other school personnel on the basis of race or ethnicity, socioeconomic status, gender, national origin, sexual orientation, political or religious affiliation, physical characteristics, age, disability or English language proficiency.

(4) Harassing, intimidating, or retaliating against a colleague, peer, or other school personnel.

(5) Failing to complete a criminal background check required by state or federal law.

(C) Welfare of the student and associated persons:

(1) Conflicts of interest. Licensed school psychologists actively identify, disclose, document, and remedy conflicts of interest and potential conflicts of interest. A conflict of interest exists when the license holder's objectivity, judgment, or competence, in the judgment of the board, is impaired by a multiple role/relationship or when a student or closely associated person is subject to exploitation. License holders actively clarify their role when providing or offering school psychological services.

(2) Maintaining professional relationships. A licensed school psychologist's responsibilities include providing a safe environment free from harassment, intimidation, and criminal activity. Licensed school psychologists shall maintain professional relationships with students, both in and out of the classroom. Licensed school psychologists create, support, and maintain an appropriate environment for all students and maintain appropriate professional, emotional, sexual, and social boundaries. Licensed school psychologists shall not:

(a) Commit any act of sexual abuse of any student or minor or engaging in inappropriate sexual conduct with a student or minor;

(b) Commit an act of cruelty to children or an act of child endangerment (for example, physical, psychological, or emotional abuse);

(c) Solicit, encourage, or undertake an inappropriate relationship with any student, minor, or individual who was a student in the preceding twenty-four months;

(d) Engage in grooming a student or minor (befriending and establishing an emotional connection with a student or minor or a student's or minor's family to lower the student's or minor's inhibitions for the purpose of an inappropriate emotional, romantic or sexual relationship);

(e) Disparage a student on the basis of race, ethnicity, socioeconomic status, gender, national origin, sexual orientation, political or religious affiliation, physical characteristics, academic or athletic performance, disability, or English language proficiency; or

(f) Knowingly contribute to or fail to intervene in the harassment, intimidation, or bullying of a student.

(3) Practicing while impaired. Licensed school psychologists shall not undertake or continue the practice of school psychology when the judgment, competence, and/or objectivity of the license holder is impaired due to mental, emotional, physiological, pharmacological, or substance abuse conditions, unless the license holder is a participant in the board's safe haven program and where the board's designated monitoring organization has determined that the participant is fit to practice. If impaired judgment, competence, and/or objectivity develops after a professional role has been initiated, the licensed school psychologist shall terminate the practice of school psychology, and shall make reasonable efforts to notify the superintendent or designee and arrange for continuity of services from another appropriate professional. In addition, prohibited behaviors include but are not necessarily limited to:

(a) Licensed school psychologists shall not furnish or encourage students or underage persons to use, possess, or unlawfully distribute alcohol, tobacco, marijuana, or illegal or unauthorized drugs, and shall refrain from the illegal use of tobacco on any school grounds or at any school activity;

(b) Licensed school psychologists shall not be on school premises in an official capacity (for example, teaching, coaching, supervising, or conferencing) or at any school activity involving students or minors while under the influence of alcohol or other mood-altering drugs;

(c) Licensed school psychologists shall not promote the use of steroids, stimulants, or nutritional supplements to accelerate physical growth or contribute to the control of weight loss or weight gain to enhance physical performance.

(4) Responsible use of technology to the students' benefit. Licensed school psychologist shall always use technology, electronic communications, and social media in a responsible and professional manner and appropriately safeguard the unauthorized use or access to electronic devices and data entrusted to them. The school psychologist responsibly creates, distributes, and protects information and data across all technologies, and maintains appropriate boundaries with colleagues, students, and the school community when using technology and electronic communications. In addition, licensed school psychologists:

(a) Shall make reasonable efforts to prevent others from accessing improper or inappropriate material or confidential data via the unauthorized use of electronic devices;

(b) Shall not use technology, social media, or other electronic communications to promote inappropriate, non-school related communications with students;

(c) Shall not use technology, social media or other electronic communications to post or distribute improper or inappropriate material that could reasonably be accessed by members of the school community (includes, but is not limited to, pornography, obscene material, promotion of drug use or underage consumption of alcohol, promotion of violence, disparagement of students, and disparagement based upon gender, gender identity, race, sex, ethnicity, sexual orientation, disability, military status, or religion);

(d) Shall not use school technology to run, manage, or promote a personal business or avocation.

(D) Competence:

(1) Limits on practice. A licensed school psychologist shall limit his/her professional practice to those areas in which competence has been gained through education, training, and experience. If important aspects of a student's problem fall outside the boundaries of competence, then the license holder makes reasonable efforts to assist the student in obtaining additional professional help.

(2) Maintaining competency. A license holder shall maintain current competency in the areas in which he/she practices, through continuing education, consultation, and/or other training, in conformance with current standards of scientific and professional knowledge in school psychology.

(3) Adding new services and techniques. A licensed school psychologist, when developing competency in a new area or in a new service or technique, shall engage in ongoing consultation with other school psychologists or appropriate professionals and shall seek continuing education in the new area, service or technique. A license holder shall inform any student whose treatment will involve a newly developing service or technique of its innovative nature and the known risks concerning those services and shall document informed consent provided by the legal guardian.

(4) Testing and test interpretation:

(a) Assessment procedures:

(i) A licensed school psychologist shall treat the results or interpretations of assessment regarding an individual as confidential information.

(ii) A licensed school psychologist shall accompany communication of results of assessment procedures to parents, legal guardians, or other agents of the client with adequate interpretive aids or explanations in language these persons can understand.

(iii) A licensed school psychologist shall include in his/her report of the results of a test or assessment procedures any reservations regarding the possible inappropriateness of the test for the student assessed.

(iv) A licensed school psychologist shall choose only appropriate tests and give them only for a justifiable purpose to the benefit of a student.

(b) Test security. Psychological tests and other assessment devices shall not be reproduced or described in popular publications in ways that might invalidate the techniques. Test materials means manuals, instruments, protocols, and test questions or stimuli. Licensed school psychologists make reasonable efforts to maintain the integrity and security of test materials and other assessment techniques consistent with law and contractual obligations. Access to such devices is limited to persons with professional interests who will safeguard their use.

(i) Sample items made up to resemble those of tests being discussed may be reproduced in popular articles and elsewhere, but scorable tests and actual test items shall not be reproduced except in professional publications.

(ii) A licensed school psychologist is responsible for the security of psychological tests and other devices and procedures used for instructional purposes.

(iii) A licensed school psychologist shall not permit inadequately supervised use of psychological tests or assessment measures unless the measure is designed, intended, and validated for self-administration and self-administration is supported by the instructions of the test publisher.

(E) Confidentiality:

(1) Licensed school psychologists shall comply with local, state and federal laws related to maintaining confidential information. License holders are entrusted with information that could be misused to embarrass or damage a student's reputation or student's relationships with others. Licensed school psychologists shall keep information about students confidential unless disclosure serves professional purposes, affects the health, safety, and welfare of students and others, is required by law, or parental/guardian permission has been given. A licensed school psychologist maintains the security of confidential information, such as academic and disciplinary records, testing materials, personal confidences, photographs, health and medical information, family status and/or income.

(2) Licensed school psychologists shall not willfully or knowingly violate student confidentiality required by federal or state laws, including publishing, providing access to, or altering confidential student information on district or public websites, such as grades, personal information, photographs, disciplinary actions, or individualized educational programs (IEPs) without parental consent or consent of students eighteen years of age and older.

(3) Licensed school psychologists shall not use confidential student, family, or school-related information in a manner that cannot be justified by professional need (for example, gossip, malicious talk or disparagement).

(4) Licensed school psychologists shall not violate local, state, or federal procedures or laws related to the security or confidentiality of standardized tests, test supplies, or resources.

(F) Improper financial or personal gain. Licensed school psychologists are entrusted with public funds and school property in the course of performing job duties and maintain honesty, accuracy, and accountability to ensure institutional privileges are not used for personal gain. Licensed school psychologist shall not make decisions based upon gifts, gratuities, favors or the socioeconomic status of parents, guardians, family members, community members or businesses. In addition, licensed school psychologist shall not:

(1) Use public school property or public funds for personal use not in accordance with local, state or federal laws;

(2) Solicit students or parents/guardians of students to purchase equipment, supplies, or services or to participate in activities that financially benefit the licensed school psychologist without the documented foreknowledge of the superintendent or designee and/or not in accordance with local board policy;

(3) Tutor students in one's district for profit without the documented foreknowledge of the superintendent or designee and/or not in accordance with local board policy; or

(4) Submit fraudulent requests for reimbursement of expenses related to the practice of school psychology.

(G) Accuracy in record keeping and reporting. Licensed school psychologists shall accurately report information required by the board, a local board of education or governing board, the Ohio department of education and workforce, a federal agency, or state or federal law. In addition, licensed school psychologists shall not:

(1) Falsify, intentionally misrepresent, or willfully omit information when making reports to federal, state, and other governmental agencies including, but not limited to staff, student, district, and financial data and information submitted in the course of an investigation by the board, a school, or local board of education;

(2) Falsify, intentionally misrepresent, or willfully omit information when reporting professional qualifications, criminal history, discipline of a professional license or credential, continuing education or professional development credit and/or degrees, academic awards, and employment history when applying for employment and/or licensure or when recommending an individual for employment, promotion, or licensure;

(3) Falsify, intentionally misrepresent, or willfully omit relevant information regarding the evaluation of students and/or personnel; or,

(4) Intentionally fail to make a mandated report of any violation of state or federal law.

(H) Violations of law:

(1) Violation of applicable statutes. A license holder shall not violate any applicable statute or administrative rule regulating the practice of school psychology.

(2) Use of fraud, misrepresentation, or deception. A license holder shall not use fraud, misrepresentation, or deception in obtaining a school psychology license, in taking a school psychology licensing examination, in assisting another to obtain a school psychology license or to take a school psychology licensing examination, in providing school psychological services, in reporting the results of those services, or in conducting any other activity related to the practice of school psychology.

(I) Aiding illegal practice:

(1) Aiding unauthorized practice. A license holder shall not aid or abet another person in misrepresenting his/her professional credentials or in illegally engaging in the practice of school psychology.

(2) Reporting of violations to board. A license holder who has substantial reason to believe that another licensed school psychologist has committed an apparent violation of the statutes or rules of the board that has substantially harmed or is likely to substantially harm a person or organization shall so inform the board in writing, except that when the suspected violation of the statutes or rules of the board is related solely to impairment due to mental, emotional, physiological, or pharmacological, health-related conditions, and/or abuse of or dependency on alcohol or other substances, the license holder may instead make a report to the boards safe haven program in lieu of the board; moreover, when the information regarding such violation is obtained in a professional relationship, the license holder shall report it only with the written permission of the parent or legal guardian. Under such circumstances the license holder shall advise the parent or legal guardian of the name, address, and telephone number of the state board of psychology and of their right to file a complaint. The license holder shall make reasonable efforts to guide and/or facilitate the parent or legal guardian in the complaint process as needed or requested by the client. Nothing in this rule shall relieve a license holder from the duty to file any report required by applicable statutes.

Ohio Admin. Code 4732-17-01.2

Effective: 1/1/2025
Five Year Review (FYR) Dates: 01/01/2030
Promulgated Under: 119.03
Statutory Authority: 4732.06
Rule Amplifies: 4732.17