Restricted Test List

The restricted test list is a result of a statute that was enacted by the Indiana General Assembly in 1997. Two Indiana Code provisions that were enacted at that time, IC 25-33-1-3(g) and IC 25-33-1-14(e), require the Indiana State Psychology Board to identify and restrict the use of tests that will harm the public if not administered and interpreted by psychologists.

 Licensed Marriage and Family Therapists (MFTs), licensed Clinical Social Workers (CSWs), and licensed Professional Counselors (PCs) are explicitly authorized to employ appraisal instruments within their competence according to their own state licensing laws, but are prohibited from using tests on the restricted list simply due to their licensure category. Ironically, other licensed health professionals who are working within their scope of practice may use tests that are on the restricted list.

 On January 23, 2004, IAMFT members testified against a proposed rule of the Indiana State Psychology Board that would create a restricted test list. The proposed rule, LSA Document #03-60, would restrict the use of 235 assessment instruments/ tests, such as the:

Child Behavior Checklist;

ADHD Symptoms Checklist; and

Child Abuse Potential Inventory;

to licensed psychologists only.

 Not only would the rule prohibit MFTs from using the tests, but an MFT who uses one of the tests after the rule is adopted will be committing a criminal act. Each violation is a Class A Misdemeanor, which is punishable by up to one year in jail and a $5,000 fine.

 In addition, representatives of the IAMFT have joined in a coalition with licensed counselors, social workers, speech pathologists, audiologists, and physical therapists to oppose the list. This coalition has also met with representatives of Governor Joe Kernan in an effort to modify the list.

 Some of the key points that the IAMFT has advanced in opposition to the restricted test list are the following:

 1. Psychology Board’s Proposed Restriction on Tests Does Not Protect the Public. MFT scope of practice statutes and rules already bar individual professionals from providing services they are unqualified to provide, and both administrative and tort law provide remedies for violations. Further, the Psychology Board has provided no evidence that the use of those tests by MFTs has caused any public harm, the basis required by statute for the restricted list.

 2. Psychology Board’s Proposed Restriction on Tests Interferes with MFTs’ Legal Scope of Practice. While some MFTs may not be qualified to use all of the hundreds of appraisal instruments, there are no tests that all MFTs are unqualified to administer.

 3. Psychology Board’s Proposed Restriction on Tests Is Not Logical. Barring whole categories of licensed professionals from using tests despite their training and competence does not make good common sense.

 4. Psychology Board’s Proposed Restriction on Tests Is Inconsistent with the Legislature’s Intent. While MFTs are barred from using tests that they are qualified to use, other qualified health professionals are allowed to administer those same tests.

 5. Psychology Board’s Proposed Restriction on Tests Is Anti-Competitive. Since many MFTs have professional training and experience in the use of tests, their exclusion would inappropriately constrain the supply of providers and would unnecessarily increase the price of testing services.  

ACTION NEEDED

 On April 2, 2004, the State Psychology Board adopted the rule establishing the Restricted Test List. Before the rule becomes law, the Attorney General and the Governor must each approve the rule.

 Your help is needed to stop this rule. IAMFT needs each of you to contact Governor Joe Kernan to ask him to stop this proposed rule from becoming law. Please send an email or a letter to Governor Kernan as soon as possible urging him to NOT approve LSA Document #03-60.

 Make sure that your email or letter is respectful, polite, and as brief as possible. Remember, the Governor did not create the list, but we need his help to stop the list from becoming law. The address for letters and an automatic form for emails to the Governor can be found at: http://www.in.gov/gov/contact/index.html.

 To view the proposed restricted test list and some background information, please see the State Psychology Board’s website at: http://www.in.gov/hpb/boards/ispb/rtl.html.

 We need every LMFT, whether you use the tests or not, to send an email or letter to the Governor as soon as possible. Thank you for your assistance