Iowa Admin. Code r. 645-242.2 - [Effective until 5/22/2024] Grounds for discipline
The board may impose any of the disciplinary sanctions provided in rule 645-242.3 (147,272C) when the board determines that the licensee is guilty of any of the following acts or offenses:
(1) Failure to comply with
the Ethical Principles of Psychologists and Code of Conduct of the American
Psychological Association, as published in the December 2002 edition of
American Psychologist and including amendments effective January 1, 2017,
hereby adopted by reference. Copies of the Ethical Principles of Psychologists
and Code of Conduct may be obtained from the American Psychological
Association's website at www.apa.org.
(2) Fraud in procuring a license. Fraud in
procuring a license includes, but is not limited to, an intentional perversion
of the truth in making application for a license to practice in this state,
which includes the following:
a. False
representations of a material fact, whether by word or by conduct, by false or
misleading allegations, or by concealment of that which should have been
disclosed when making application for a license in this state; or
b. Attempting to file or filing with the
board or the department of public health any false or forged diploma or
certificate or affidavit or identification or qualification in making an
application for a license in this state.
(3) Professional incompetence. Professional
incompetence includes, but is not limited to:
a. A substantial lack of knowledge or ability
to discharge professional obligations within the scope of practice.
b. A substantial deviation from the standards
of learning or skill ordinarily possessed and applied by other psychologists in
the state of Iowa acting in the same or similar circumstances.
c. A failure to exercise the degree of care
which is ordinarily exercised by the average psychologist acting in the same or
similar circumstances.
d. Failure
to conform to the minimal standard of acceptable and prevailing practice of a
licensed psychologist in this state.
e. Mental or physical inability reasonably
related to and adversely affecting the licensee's ability to practice in a safe
and component manner.
f. Being
adjudged mentally incompetent by a court of competent jurisdiction.
(4) Knowingly making misleading,
deceptive, untrue or fraudulent representations in the practice of psychology
or engaging in unethical conduct or practice harmful or detrimental to the
public. Proof of actual injury need not be established.
(5) Practice outside the scope of the
profession.
(6) Use of untruthful
or improbable statements in advertisements.
(7) Habitual intoxication or addiction to the
use of drugs.
a. The inability of a licensee
to practice with reasonable skill and safety by reason of the excessive use of
alcohol on a continuing basis.
b.
The excessive use of drugs which may impair a licensee's ability to practice
with reasonable skill or safety.
(8) Obtaining, possessing, attempting to
obtain or possess, or administering controlled substances without lawful
authority.
(9) Falsification,
alteration or destruction of client or patient records with the intent to
deceive.
(10) Acceptance of any fee
by fraud or misrepresentation.
(11)
Negligence by the licensee in the practice of the profession. Negligence by the
licensee in the practice of the profession includes a failure to exercise due
care, including negligent delegation of duties or supervision of employees or
other individuals, whether or not injury results; or any conduct, practice or
conditions which impair the ability to safely and skillfully practice the
profession.
(12) Being convicted of
an offense that directly relates to the duties and responsibilities of the
profession. A conviction includes a guilty plea, including Alford and nolo
contendere pleas, or a finding or verdict of guilt, even if the adjudication of
guilt is deferred, withheld, or not entered. A copy of the guilty plea or order
of conviction constitutes conclusive evidence of conviction. An offense
directly relates to the duties and responsibilities of the profession if the
actions taken in furtherance of the offense are actions customarily performed
within the scope of practice of the profession or the circumstances under which
the offense was committed are circumstances customary to the
profession.
(13) Violation of a
regulation, rule, or law of this state, another state, or the United States,
which relates to the practice of psychology.
(14) Revocation, suspension, or other
disciplinary action taken by a licensing authority of this state, another
state, territory or country; or failure of the licensee to report such action
within 30 days of the final action by such licensing authority. A stay by an
appellate court shall not negate this requirement; however, if such
disciplinary action is overturned or reversed by a court of last resort, such
report shall be expunged from the records of the board.
(15) Failure of a licensee or an applicant
for licensure in this state to report any voluntary agreements restricting the
individual's practice of psychology in another state, district, territory or
country.
(16) Failure to notify the
board of a criminal conviction within 30 days of the action, regardless of the
jurisdiction where it occurred.
(17) Failure to notify the board within 30
days after occurrence of any judgment or settlement of a malpractice claim or
action.
(18) Engaging in any
conduct that subverts or attempts to subvert a board investigation.
(19) Failure to comply with a subpoena issued
by the board or failure to cooperate with an investigation of the
board.
(20) Failure to respond
within 30 days of receipt of communication from the board which was sent by
registered or certified mail.
(21)
Failure to comply with the terms of a board order or the terms of a settlement
agreement or consent order.
(22)
Failure to pay costs assessed in any disciplinary action.
(23) Submission of a false report of
continuing education or failure to submit the biennial report of continuing
education.
(24) Failure to report
another licensee to the board for any violations listed in these rules,
pursuant to Iowa Code section
272C.9.
(25) Knowingly aiding, assisting, or advising
a person to unlawfully practice psychology.
(26) Failure to report a change of name or
address within 30 days after it occurs. Name and address changes may be
reported on the form provided by the board at:
hhs.iowa.gov/licensure.
(27)
Representing oneself as a licensed psychologist when one's license has been
suspended or revoked, or when one's license is on inactive status.
(28) Permitting another person to use the
licensee's license for any purpose.
(29) Permitting an unlicensed employee or
person under the licensee's control to perform activities that require a
license to practice psychology.
(30) Unethical conduct. In accordance with
Iowa Code section 147.55(3),
behavior (i.e., acts, knowledge, and practices) which constitutes unethical
conduct may include, but is not limited to, the following:
a. Verbally or physically abusing a patient
or client.
b. Improper sexual
contact with or making suggestive, lewd, lascivious or improper remarks or
advances to a patient, client or coworker.
c. Betrayal of a professional
confidence.
d. Engaging in a
professional conflict of interest.
(31) Repeated failure to comply with standard
precautions for preventing transmission of infectious diseases as issued by the
Centers for Disease Control and Prevention of the United States Department of
Health and Human Services.
(32)
Violation of the terms of an initial agreement with the impaired practitioner
review committee or violation of the terms of an impaired practitioner recovery
contract with the impaired practitioner review committee.
Notes
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