Ala. Admin. Code r. 750-X-5-.03 - Disciplinary Actions Against Licensed Psychologists And Licensed Psychological Technicians
(1) The
Board shall suspend, place on probation, or require remediation, or any
combination thereof, for any psychologist or psychological technician for a
specified time, to be determined at the discretion of the Board, or to revoke
any license to practice as a psychologist or psychological technician or take
any other action specified in the rules and regulations whenever the Board
finds by a preponderance of the evidence that the psychologist or psychological
technician has engaged in any of the following acts or offenses:
(a) Fraud or deception in applying for or
procuring a license to practice as a psychologist or psychological technician;
or in passing the examination provided for in this chapter.
(b) Practice as a psychologist or
psychological technician under a false or assumed name or the impersonation of
another practitioner of a like or different name.
(c) Immoral unprofessional, or dishonorable
conduct, defined by the Board as conduct inconsistent with the American
Psychological Association's Ethical Principles of Psychologists and Code of
Conduct.
(d) Practicing as a
psychologist or psychological technician in such a manner as to endanger the
welfare of clients or patients.
(e)
Conviction of a felony (a copy of the record of conviction, certified to by the
clerk of the court entering the conviction shall be conclusive
evidence).
(f) Conviction of any
crime or offense that reflects the inability of the practitioner to practice as
a psychologist or psychological technician with due regard for the health and
safety of clients or patients.
(g)
Harassment, intimidation, or abuse, sexual or otherwise, of a client or
patient.
(h) Engaging in sexual
intercourse or other sexual contact with a client or patient or other
prohibited multiple relationships as defined at
750-X-5-.03(2)
with a client or former client.
(i)
Use of repeated untruthful or deceptive or improbable statements concerning the
licensee's qualifications or the effects or results of proposed treatment,
including functioning outside of one's professional competence or area of
specialization established by education, training, and experience as recognized
by the Board.
(j) Gross malpractice
or repeated malpractice or gross negligence in practice as a psychologist or
psychological technician.
(k)
Aiding or abetting practice as a psychologist or psychological technician by
any person not licensed by the Board.
(l) Conviction of fraud in filing Medicare or
Medicaid claims or in filing claims to any third party payor (a copy of the
record of conviction, certified to by the clerk of the court entering the
conviction, shall be conclusive evidence).
(m) Exercising undue influence in such a
manner as to exploit the client, patient, student, or supervisee for financial
or other personal advantage to the practitioner or third party.
(n) The suspension or revocation by another
state or province of a license to practice as a psychologist or psychological
technician for cause other than failure to renew the license (a certified copy
of the record of suspension or revocation of the licensing or disciplinary
authority in the state or province making such a suspension or revocation shall
be conclusive evidence thereof).
(o) Refusal to appear before the Board after
having been ordered to do so in writing by the executive office or chair of the
Board.
(p) Making any fraudulent or
untrue statement to the Board.
(q)
Failing to cooperate with or to respond promptly, completely, and honestly to
the Board.
(r) Violation of the
code of ethics adopted in the rules and regulations of the Board.
(s) Inability to practice with reasonable
skill and safety to patients or clients by reason of illness, inebriation,
misuse of drugs, narcotics, alcohol, chemicals, or any other substance, or as a
result of any mental or physical condition.
(t) Engaging in practice as a psychologist or
psychological technician before a license is issued;
(u) Practice of a level of psychology
inappropriate or beyond the scope of the particular license held by the
licensee.
(v) Failure to comply
with any of the respective responsibilities of a supervisor or supervisee as
provided in this chapter.
(2) Prohibited Multiple Relationships:
(a) The licensee shall not undertake or
continue a professional relationship with a client when the objectivity or
competency of the licensee is, or could reasonably be expected by the Board to
be, impaired because of the licensee's present or previous familial, social,
sexual, emotional, financial, supervisory, political, administrative, or legal
relationship with the client or a relevant person associated with or related to
the client.
(b) The licensee in
interacting with a client or former client to whom the licensee has at anytime
within the previous 24 months rendered any professional psychological services,
shall not:
(i) engage in any verbal or
physical behavior toward him/her which is sexually seductive, demeaning, or
harassing; or
(ii) engage in sexual
intercourse or other sexual intimacies with him/her; or
(iii) enter into a financial or other
potentially exploitive relationship with him/her.
(c) The prohibitions set out in (b) above
shall not be limited to a period of twenty-four (24) months but shall continue
indefinitely if the client is determined by the Board to be vulnerable, by
reason of emotional or cognitive disorder, to exploitive influence by the
licensee.
(3) The Board
of Examiners in Psychology may refuse to grant a certificate, or may recommend
suspension of any such license for a definite period not to exceed three years.
Said Board may, upon satisfactory proof that any applicant or licensee has been
guilty of any of the above offenses, refuse to grant a certificate to said
applicant or may recommend revocation of a license of said licensee upon a vote
of the majority of the Board. After three years from the date of a revocation,
an application for reinstatement may be made to the Board, and it may, upon
favorable action by a majority of the Board, recommend such
reinstatement.
(4) All proceedings
on revocations, suspensions, or other hearings affecting licensees shall be
conducted in accordance with the applicable provisions of the Alabama
Administrative Procedure Act.
(5)
The following procedures further specify the course of action whenever a
complaint is made to the Board concerning an individual licensed by the Board:
(a) The complaint shall be presented to the
executive officer of the Board.
(b)
The executive officer shall ascertain whether or not the individual named in
the complaint is currently licensed by the Board. Upon ascertaining such, the
executive officer shall appoint a Board member or members to serve on an
investigative committee with the executive officer and legal counsel regarding
the charge(s) made against the licensee. The executive officer and legal
counsel are non-voting members of the committee. The Board may also hire or use
investigators to investigate complaints against licensees. Complaints against
licensees are considered privileged and confidential unless there is a
"probable cause" finding by the investigative committee.
(c) Upon the completion of the investigation,
the investigating committee shall either find "probable cause" and proceed with
a formal hearing to present evidence to the Board regarding the complaint, or
the case file shall be closed and marked "no probable cause found." The Board
may settle the case by agreement at any time.
(6) If a formal hearing is to be conducted,
the following procedures will be observed.
(a)
The complaint, including the grounds for consideration of suspension or
revocation of license, and the notice of a hearing shall be in writing to the
last known address of the licensed individual. Said complaint shall be
transmitted by certified mail, return receipt requested.
(b) The licensed individual shall be given a
minimum of thirty (30) days notice for hearing to consider suspension or
revocation of license.
(c) The
licensed individual may at all times be represented by counsel of his/her
choosing or may waive this right.
(d) At a hearing, either the full Board shall
sit or the Board shall appoint a hearing officer to hear the case in their
stead; however, the individual Board members who has assisted with the
investigation of the complaint shall not vote on the disciplinary action to be
taken. At least one member of the Board shall be present at all times during a
hearing, deliberation, and action thereon. An Administrative Law Judge (ALJ)
shall act as the hearing officer for the purpose of rulings on motions,
evidence, and the like.
(e) The
hearing shall proceed in accordance with the rules of evidence for a nonjury
civil case. The burden of proof required to substantiate the charge is a
preponderance of the evidence.
(f)
After hearing all of the evidence and/or receipt of a recommendation from the
hearing officer, the Board shall vote to determine what disciplinary action, if
any, shall be taken. The Board will issue the final findings of fact and
conclusion of law.
(g) Any
disciplinary action adjudged appropriate by the Board shall be transmitted
forthwith to the licensed individual within thirty (30) days following the
Board's final order in the case.
(h) The Board may, at its discretion, after
suspending or revoking a license, require in writing that the licensed
individual obtain further education, training, personal counseling,
psychotherapy or such treatment as is necessary to the satisfaction of the
Board to remediate any personal or professional deficiencies that contributed
to said suspension or revocation before a license may be reinstated.
(i) When the issue is whether or not a
psychologist or psychological technician is physically or mentally capable of
practicing as a psychologist or psychological technician with reasonable skill
and safety to patients or clients, then, upon a showing of probable cause to
the Board that the psychologist or psychological technician is not capable of
practicing psychology with reasonable skill and safety to patients, the Board
may petition a court of competent jurisdiction to order the psychologist or
psychological technician in question to submit to a psychological examination
by a psychologist to determine psychological status and/or a physical
examination by a physician to determine physical condition. The psychologist
and/or physician is to be designated by the court. The expense of the
examination shall be borne by the Board. Where the psychologist or
psychological technician raises the issue of mental or physical competence or
appeals a decision regarding his or her mental or physical competence, the
psychologist or psychological technician shall be permitted to obtain his or
her own evaluation at his or her own expense. If the objectivity or adequacy of
the examination is suspect, the Board may complete an examination by its
designated practitioners at its own expense. When mental or physical capacity
to practice is at issue, every psychologist or psychological technician
licensed to practice in the state shall be deemed to have given consent to
submit to a mental or physical examination or to any combination of such
examinations and to waive all objections to the admissibility of the
examination, or to previously adjudicated evidence of mental
incompetence.
(j) Appeals of the
decision of the Board shall be made in accordance with the Alabama
Administrative Procedure Act governing appeals in contested cases.
(k) Board members must abstain from voting in
or otherwise participating in disciplinary investigations or hearings if the
licensee is in their employ or under their supervision, or if there is a legal,
ethical, or moral question vis-a-vis the Board member and the
applicant.
(7) In
addition to any penalties levied, the Board may assess the cost of any
investigation, legal service, legal proceeding, or disciplinary action against
any applicant or licensee found to be in violation of this chapter.
(8) In determining the amount of any penalty,
the Board shall consider the seriousness of the violation, including any threat
to the health, safety, or welfare of the public, the unlawful gain or economic
benefit gained from the violation, the history of previous violations by the
person, and the efforts of the person to mitigate and comply with this chapter.
(a) Penalties may not exceed one thousand
dollars ($1,000) per violation, or a total of five thousand dollars ($5,000)
per disciplinary action.
(9) Judicial review of an order entered by
the Board shall be conducted in accordance with those provisions providing for
the judicial review of contested cases of the Alabama Administrative Procedures
Act.
(10) The Board shall exercise
its jurisdiction for disciplinary oversight of licensees for any psychological
services, regardless of how or where those services are rendered, even if those
services are rendered in another state, federal facility, or foreign country
during the licensure period.
(a) The Board may
not accept the voluntary surrender of a license on the part of a psychologist
or psychological technician to avoid a possible disciplinary action by the
Board.
(b) If a licensee, a former
licensee, or a licensee on inactive status is found to be in violation of a
state law or administrative rule, the Board shall maintain a public file. The
public file is available upon request.
(c) The Board shall make a report of
disciplinary actions to the National Practitioner Data Bank, or its successor
organization, and to the Association of State and Provincial Psychology Boards,
or its successor organization.
(d)
The Board shall publish disciplinary actions in its annual
Newsletter.
Notes
Author: Alabama Board of Examiners in Psychology
Statutory Authority: Code of Ala. 1975, ยงยง34-2 6-1, et seq; 41-22-1 et seq.
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