Alabama Administrative Code › Title 750 - ALABAMA BOARD OF EXAMINERS IN PSYCHOLOGY › Chapter 750-X-5 - BOARD'S FUNCTION AS A PUBLIC REGULATORY BODY › Section 750-X-5-.03 - Disciplinary Actions Against Licensed Psychologists And Licensed Psychological Technicians

Current through Register Vol. 42, No. 9, June 28, 2024
(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.