Emergency psychology rule rejected in senate after debate over 'cultural diversity' language

Chairman Lafferty convened discussion of the Board of Examiners in Psychology emergency rule, and Mike Critchfield, legislative liaison for the Department of Health, said the package implements changes "resulting from statute recently passed by the General Assembly," including licensure alignment and a new certified psychological testing technician classification.

Representative Renaud questioned the change to the continuing-education language and whether the rewritten subsection would run afoul of federal requirements to eliminate DEI policies. Catherine Traywick, advising attorney for the board, replied that the provision "says that cultural diversity training should provide updated perspectives along with the skills and knowledge needed to effectively work with diverse patient populations," and she added, "it is not intended to specifically be DEI." Several members, including Representative Fritz and Senator Rose, urged rewording to avoid heated connotations around the term "diversity."

When the committee took the senate roll call, the result left the motion to disapprove effectively tied, and the clerk and chairman announced that "the rule fails in the senate." Afterward, Doug Garrett of the Office of Legal Services told the committee the emergency rule "has already gone into effect and will remain in effect for 180 days," and that staff will later address a permanent rule on the same subject if it is filed. The committee recorded the senate outcome and moved on to subsequent items.