§ 59-1370. Standards of conduct - Suspension, probation, remediation, revocation of license - Notice of hearing - Orders - Service - Restoration of license, reduction of suspension or probation period, withdrawal of reprimand.

A.  A psychologist and any other persons under the supervision of the psychologist shall conduct their professional activities in conformity with ethical and professional standards promulgated by the State Board of Examiners of Psychologists by rule.

B.  The Board shall have the power and duty to suspend, place on probation, require remediation, or revoke any license to practice psychology or to take any other action specified in the rules whenever the Board shall find by clear and convincing evidence that the psychologist has engaged in any of the following acts or offenses:

1.  Fraud in applying for or procuring a license to practice psychology;

2.  Immoral, unprofessional, or dishonorable conduct as defined in the rules promulgated by the Board;

3.  Practicing psychology in a manner as to endanger the welfare of clients or patients;

4.  Conviction of a felony.  A copy of the record of conviction, certified by the clerk of the court entering the conviction shall be conclusive evidence of conviction;

5.  Conviction of any crime or offense that reflects the inability of the practitioner to practice psychology with due regard for the health and safety of clients or patients;

6.  Harassment, intimidation, or abuse, sexual or otherwise, of a client or patient;

7.  Engaging in sexual intercourse or other sexual contact with a client or patient;

8.  Use of repeated untruthful, deceptive or improbable statements concerning the licensee's qualifications or the effects or results of proposed treatment, including practicing outside of the psychologist's professional competence established by education, training, and experience;

9.  Gross malpractice or repeated malpractice or gross negligence in the practice of psychology;

10.  Aiding or abetting the practice of psychology by any person not approved by the Board or not otherwise exempt from the provisions of Section 1351 et seq. of this title;

11.  Conviction of or pleading guilty or nolo contendre to fraud in filing Medicare or Medicaid claims or in filing claims with any third party payor.  A copy of the record of plea or conviction, certified by the clerk of the court entering the plea or conviction, shall be conclusive evidence of the plea or conviction;

12.  Exercising undue influence in a manner to exploit the client, patient, student, or supervisee for financial advantage beyond the payment of professional fees or for other personal advantage to the practitioner or a third party;

13.  The suspension or revocation by another state of a license to practice psychology.  A certified copy of the record of suspension or revocation of the state making such a suspension or revocation shall be conclusive evidence thereof;

14.  Refusal to appear before the Board after having been ordered to do so in writing by the executive officer or chair of the Board;

15.  Making any fraudulent or untrue statement to the Board;

16.  Violation of the code of ethics adopted in the rules and regulations of the Board; and

17.  Inability to practice psychology 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.

C.  No license shall be suspended or revoked nor the licensee placed on probation or reprimanded until the licensee has been given an opportunity for a hearing before the Board pursuant to the provisions of subsection D of this section.  Whenever the Board determines that there has been a violation of any of the provisions of the Psychologists Licensing Act or of any order of the Board, it shall give written notice to the alleged violator specifying the cause of complaint.  The notice shall require that the alleged violator appear before the Board at a time and place specified in the notice and answer the charges specified in the notice.  The notice shall be delivered to the alleged violator in accordance with the provisions of subsection E of this section not less than ten (10) days before the time set for the hearing.

D.  On the basis of the evidence produced at the hearing, the Board shall make findings of fact and conclusions of law and enter an order thereon in writing or stated in the record.  A final order adverse to the alleged violator shall be in writing.  An order stated in the record shall become effective immediately, provided the Board gives written notice of the order to the alleged violator and to the other persons who appeared at the hearing and made written request for notice of the order.  If the hearing is held before any person other than the Board itself, such person shall transmit the record of the hearing together with recommendations for findings of fact and conclusions of law to the Board, which shall thereupon enter its order.  The Board may enter its order on the basis of such record or, before issuing its order, require additional hearings or further evidence to be presented.  The order of the Board shall become final and binding on all parties unless appealed to the district court as provided for in the Administrative Procedures Act.

E.  Except as otherwise expressly provided for by law, any notice, order, or other instrument issued by or pursuant to the authority of the Board may be served on any person affected, by publication or by mailing a copy of the notice, order, or other instrument by registered mail directed to the person affected at the last-known post office address of such person as shown by the files or records of the Board.  Proof of the service shall be made as in case of service of a summons or by publication in a civil action. Proof of mailing may be made by the affidavit of the person who mailed the notice.  Proof of service shall be filed in the office of the Board.

F.  Every certificate or affidavit of service made and filed as provided for in this section shall be prima facie evidence of the facts stated therein, and a certified copy thereof shall have same force and effect as the original certificate or affidavit of service.

G.  If the psychologist fails or refuses to appear, the Board may proceed to hearing and determine the charges in his or her absence.  If the psychologist pleads guilty, or if upon hearing the charges, a majority of the Board finds them to be true, the Board may enter an order suspending or revoking the license of the psychologist, reprimanding the psychologist, or placing the psychologist on probation or any combination of penalties authorized by the provisions of this section.

H.  The secretary of the Board shall preserve a record of all proceedings of the hearings and shall furnish a transcript of the hearings to the defendant upon request.  The defendant shall prepay the actual cost of preparing the transcript.

I.  Upon a vote of four of its members, the Board may restore a license which has been revoked, reduce the period of suspension or probation, or withdraw a reprimand.

Added by Laws 1965, c. 347, § 20, emerg. eff. June 28, 1965.  Amended by Laws 1974, c. 64, § 1, emerg. eff. April 13, 1974; Laws 1984, c. 34, § 5, operative July 1, 1984; Laws 1991, c. 144, § 11, eff. July 1, 1991; Laws 1998, c. 291, § 3; Laws 2004, c. 313, § 24, emerg. eff. May 19, 2004.