Fla. Admin. Code Ann. R. 64B19-18.004 - Use of Test Instruments

(1) The Board finds that the inappropriate use of test instruments is harmful to consumers. The Board finds further that a need exists to set out the minimum standard of professional practice maintained and required of psychologists who use test instruments in the psychologist's practice of psychology.

(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) Must integrate and reconcile the interpretive statements made by the test instrument based on group norms, with the psychologist's independent professional knowledge, evaluation and assessment of the individual who takes the test;

(d) Must specify in the test report the name of each person who assisted the psychologist in the administration of the test, and the role which that person played in the administration of the test.

(3) A psychologist who uses test instruments may not release test data, such as test protocols, test questions, assessment-related notes, or written answer sheets, except (1) to a licensed psychologist or school psychologist licensed pursuant to Chapter 490, F.S., or Florida certified, or (2) after complying with the procedures set forth in Rule 64B19-19.005, F.A.C., and obtaining an order from a court or other tribunal of competent jurisdiction, or (3) when the release of the material is otherwise required by law. When raw test data is released pursuant to this paragraph, the psychologist shall certify to the service user or the service user's designee that all raw test data from those test instruments have been provided. Psychologists are expected to make all reasonable efforts to maintain the integrity of the test protocols, modalities and instruments when releasing information as provided herein.

(4) In performing the functions listed at subsection (2) of this rule, the psychologist must meet with the test subject face-to-face in a clinical setting unless the psychologist has delegated the work to a psychological intern, psychological trainee or psychological resident in a doctoral psychology program approved by the American Psychological Association.

(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 compliant 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 pyschologist 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) 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) "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.

Notes

Fla. Admin. Code Ann. R. 64B19-18.004

Rulemaking Authority 490.004(4) FS. Law Implemented 490.003(4), 490.009(1)(r), (s), (v), (w) FS.

New 6-14-94, Formerly 61F13-20.004, Amended 5-19-97, Formerly 59AA-18.004, Amended 3-25-02, 11-18-07, Amended by Florida Register Volume 48, Number 208, October 25, 2022 effective 11/8/2022.

New 6-14-94, Formerly 61F13-20.004, Amended 5-19-97, Formerly 59AA-18.004, Amended 3-25-02, 11-18-07, 11-8-22.