32-2061. Definitions
In this chapter, unless the context otherwise requires:
1. "Active license" means a valid and existing license to practice psychology.
2. "Adequate records" means records containing, at a minimum, sufficient
information to identify the client, the dates of service, the fee for service, the
payments for service, the type of service given and copies of any reports that may have
been made.
3. "Board" means the state board of psychologist examiners.
4. "Client" means a person or an entity that receives psychological services. A
corporate entity, a governmental entity or any other organization may be a client if
there is a professional contract to provide services or benefits primarily to an
organization rather than to an individual. If an individual has a legal guardian, the
legal guardian is the client for decision-making purposes, except that the individual
receiving services is the client for:
(a) Issues that directly affect the physical or emotional safety of the individual,
such as sexual or other exploitative relationships.
(b) Issues that the guardian agrees to specifically reserve to the individual.
5. "Exploit" means actions by a psychologist who takes undue advantage of the
professional association with a client, student or supervisee for the advantage or profit
of the psychologist.
6. "Health care institution" means a facility as defined in section 36-401.
7. "Letter of concern" means an advisory letter to notify a psychologist that while
there is insufficient evidence to support disciplinary action the board believes the
psychologist should modify or eliminate certain practices and that continuation of the
activities that led to the information being submitted to the board may result in action
against the psychologist's license.
8. "Practice of psychology" means the psychological assessment, diagnosis,
treatment or correction of mental, emotional, behavioral or psychological abilities,
illnesses or disorders or purporting or attempting to do this consistent with section
32-2076.
9. "Psychological service" means all actions of the psychologist in the practice of
psychology.
10. "Psychologically incompetent" means a person lacking in sufficient psychological
knowledge or skills to a degree likely to endanger the health of clients.
11. "Psychologist" means a natural person holding a license to practice psychology
pursuant to this chapter.
12. "Supervisee" means any person who functions under the extended authority of the
psychologist to provide, or while in training to provide, psychological services.
13. "Unprofessional conduct" includes the following activities whether occurring in
this state or elsewhere:
(a) Obtaining a fee by fraud or misrepresentation.
(b) Betraying professional confidences.
(c) Making or using statements of a character tending to deceive or mislead.
(d) Aiding or abetting a person who is not licensed pursuant to this chapter in
representing that person as a psychologist.
(e) Gross negligence in the practice of a psychologist.
(f) Sexual intimacies or sexual intercourse with a current client or a supervisee
or with a former client within two years after the cessation or termination of
treatment. For the purposes of this subdivision, "sexual intercourse" has the same
meaning prescribed in section 13-1401.
(g) Engaging or offering to engage as a psychologist in activities not congruent
with the psychologist's professional education, training and experience.
(h) Failing or refusing to maintain and retain adequate business, financial or
professional records pertaining to the psychological services provided to a client.
(i) Commission of a felony, whether or not involving moral turpitude, or a
misdemeanor involving moral turpitude. In either case, conviction by a court of
competent jurisdiction or a plea of no contest is conclusive evidence of the commission.
(j) Making a fraudulent or untrue statement to the board or its investigators,
staff or consultants.
(k) Violating any federal or state laws or rules that relate to the practice of
psychology or to obtaining a license to practice psychology.
(l) Practicing psychology while impaired or incapacitated to the extent and in a
manner that jeopardizes the welfare of the client or renders the psychological services
provided ineffective.
(m) Using fraud, misrepresentation or deception to obtain or attempt to obtain a
psychology license or to pass or attempt to pass a psychology licensing examination or in
assisting another person to do so.
(n) Unprofessional conduct in another jurisdiction that resulted in censure,
probation or a civil penalty or in the denial, suspension, restriction or revocation of a
certificate or license to practice as a psychologist.
(o) Providing services that are unnecessary or unsafe or otherwise engaging in
activities as a psychologist that are unprofessional by current standards of practice.
(p) Falsely or fraudulently claiming to have performed a professional service,
charging for a service or representing a service as the licensee's own when the licensee
has not rendered the service or assumed supervisory responsibility for the service.
(q) Representing activities or services as being performed under the licensee's
supervision if the psychologist has not assumed responsibility for them and has not
exercised control, oversight and review.
(r) Failing to obtain a client's informed and written consent to release personal
or otherwise confidential information to another party unless the release is otherwise
authorized by law.
(s) Failing to make client records in the psychologist's possession promptly
available to another psychologist licensed pursuant to this chapter on receipt of proper
authorization to do so from the client, a minor client's parent, the client's legal
guardian or the client's authorized representative or failing to comply with title 12,
chapter 13, article 7.1.
(t) Failing to take reasonable steps to inform or protect a client's intended
victim and inform the proper law enforcement officials in circumstances where the
psychologist becomes aware during the course of providing or supervising psychological
services that a client intends or plans to inflict serious bodily harm to another person.
(u) Failing to take reasonable steps to protect a client in circumstances where the
psychologist becomes aware during the course of providing or supervising psychological
services that a client intends or plans to inflict serious bodily harm to self.
(v) Abandoning or neglecting a client in need of immediate care without making
suitable arrangements for continuation of the care.
(w) Engaging in direct or indirect personal solicitation of clients through the use
of coercion, duress, undue influence, compulsion or intimidation practices.
(x) Engaging in false, deceptive or misleading advertising.
(y) Exploiting a client, student or supervisee.
(z) Failing to report information to the board regarding a possible act of
unprofessional conduct committed by another psychologist licensed pursuant to this
chapter unless this reporting violates the psychologist's confidential relationship with
the client pursuant to section 32-2085. Any psychologist who reports or provides
information to the board in good faith is not subject to an action for civil damages.
For the purposes of this subdivision, it is not an act of unprofessional conduct if a
licensee addresses an ethical conflict in a manner that is consistent with the ethical
standards contained in the document entitled "ethical principles of psychologists and
code of conduct" as adopted by the American psychological association and in effect at
the time the licensee makes the report.
(aa) Violating a formal board order, consent agreement, term of probation or
stipulated agreement issued under this chapter.
(bb) Failing to furnish information in a timely manner to the board or its
investigators or representatives if requested or subpoenaed by the board as prescribed by
this chapter.
(cc) Failing to make available to a client or to the client's designated
representative, on written request, a copy of the client's record, including raw test
data, psychometric testing materials and other information as provided by law.
(dd) Violating an ethical standard adopted by the board.
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