Comment on FR Doc # 2026-12989, NRC-2025-1303-0001, from Brownstone Psychological Associates

A discussion came up at the most recent AA/FFD conference regarding license professionals providing psychological services to meet the NRC requirements. As you know many licensed professionals are providing psychological evaluations to multiple utilities which brings into question, how are they working across state lines. The answer is a bit more nuanced than it first appears because NRC regulations and state psychology licensure requirements are two separate issues. My comments are being made with regard to the psychologist license and not a medical license as I do not know their standard. The NRC requires that evaluations be performed by a qualified licensed professional and in my case a licensed psychologist. However, the NRC regulations themselves do not create a national psychology license or specify which state's license is required. Instead, they generally defer to each state's psychology licensing laws regarding who may legally practice psychology within that jurisdiction. As a result, the key question becomes whether a psychologist is considered to be practicing psychology in the state where the individual being evaluated is located, where the psychologist is physically located, or both. That determination is made under each state's psychology practice act—not by the NRC. In practical terms, psychologists working in this area typically comply in one or more of the following ways: Maintain licensure in each state where they perform evaluations. Utilize PSYPACT when providing telepsychology services between participating states and when all PSYPACT requirements are met. Rely on a specific state exemption, where one exists, such as limited temporary practice or other statutory exceptions. These exemptions vary considerably from state to state. Because of these variations, there isn't a single nationwide answer. The safest approach is to review the psychology practice act of each state in which services are provided and determine whether full licensure, PSYPACT, or another legal exception applies. While the NRC establishes the qualifications for performing psychological work (licensed professional), it does not supersede state licensure requirements.