32-2081

32-2081. Grounds for disciplinary action; duty
to report; immunity; proceedings; board action; notice
requirements; civil penalty

A. The board, on its own motion, may investigate evidence that appears to show that
a psychologist is psychologically incompetent, guilty of unprofessional conduct or
mentally or physically unable to safely engage in the practice of psychology. A health
care institution shall, and any other person may, report to the board information that
appears to show that a psychologist is psychologically incompetent, guilty of
unprofessional conduct or mentally or physically unable to safely engage in the practice
of psychology.

B. The board shall not consider a complaint against a psychologist arising out of a
judicially ordered evaluation, treatment or psychoeducation of a person charged with
violating any provision of title 13, chapter 14 to present a charge of unprofessional
conduct unless the court ordering the evaluation has found a substantial basis to refer
the complaint for consideration by the board. The board shall not consider a complaint
against a judicially appointed psychologist arising out of a court ordered evaluation,
treatment or psychoeducation of a person to present a charge of unprofessional conduct
unless the court ordering the evaluation, treatment or psychoeducation has found a
substantial basis to refer the complaint for consideration by the board.

C. The board shall notify the psychologist about whom information has been received
as to the content of the information within one hundred twenty days of receiving the
information. A person who reports or provides information to the board in good faith is
not subject to an action for civil damages. The board, if requested, shall not disclose
the name of the person providing information unless this information is essential to
proceedings conducted pursuant to this section. The board shall report a health care
institution that fails to report as required by this section to the institution's
licensing agency.

D. A health care institution shall inform the board if the privileges of a
psychologist to practice in that institution are denied, revoked, suspended or limited
because of actions by the psychologist that appear to show that that person is
psychologically incompetent, guilty of unprofessional conduct or mentally or physically
unable to safely engage in the practice of psychology, along with a general statement of
the reasons that led the health care institution to take this action. A health care
institution shall inform the board if a psychologist under investigation resigns the
psychologist's privileges or if a psychologist resigns in lieu of disciplinary action by
the health care institution. Notification shall include a general statement of the
reasons for the resignation.

E. The board may require the licensee to undergo any combination of mental,
physical or psychological competence examinations at the licensee's expense and shall
conduct investigations necessary to determine the competence and conduct of the licensee.

F. The chairperson of the board shall appoint a complaint screening committee of
not less than three members of the board, including a public member. The complaint
screening committee is subject to open meeting requirements pursuant to title 38, chapter
3, article 3.1. The complaint screening committee shall review all complaints, and based
on the information provided pursuant to subsection A or D of this section may take either
of the following actions:

1. Dismiss the complaint if the committee determines that there is no evidence of a
violation of law or community standards of practice. Complaints dismissed by the
complaint screening committee shall not be disclosed in response to a telephone inquiry
or placed on the board's website.

2. Refer the complaint to the full board for further review and action.

G. If the board finds, based on the information it receives under subsection A or D
of this section, that the public health, safety or welfare requires emergency action, the
board may order a summary suspension of a license pending proceedings for revocation or
other action. If the board issues this order, it shall serve the licensee with a written
notice of complaint and formal hearing pursuant to title 41, chapter 6, article 10,
setting forth the charges made against the licensee and the licensee's right to a formal
hearing before the board or an administrative law judge within sixty days.

H. If the board finds that the information provided pursuant to subsection A or D
of this section is not of sufficient seriousness to merit direct action against the
licensee, it may take any of the following actions:

1. Dismiss if the board believes there is no evidence of a violation of law or
community standards of practice.

2. File a letter of concern.

3. Issue a nondisciplinary order requiring the licensee to complete a prescribed
number of hours of continuing education in an area or areas prescribed by the board to
provide the licensee with the necessary understanding of current developments, skills,
procedures or treatment.

I. If the board believes the information provided pursuant to subsection A or D of
this section is or may be true, it may request an informal interview with the
psychologist. If the licensee refuses to be interviewed or if pursuant to an interview
the board determines that cause may exist to revoke or suspend the license, it shall
issue a formal complaint and hold a hearing pursuant to title 41, chapter 6, article 10.
If as a result of an informal interview or a hearing the board determines that the facts
do not warrant revocation or suspension of the license, it may take any of the following
actions:

1. Dismiss if the board believes there is no evidence of a violation of law or
community standards of practice.

2. File a letter of concern.

3. Issue a decree of censure.

4. Fix a period and terms of probation best adapted to protect the public health
and safety and to rehabilitate or educate the psychologist. Probation may include
temporary suspension for a period not to exceed twelve months, restriction of the license
or restitution of fees to a client resulting from violations of this chapter. If a
licensee fails to comply with a term of probation, the board may file a complaint and
notice of hearing pursuant to title 41, chapter 6, article 10 and take further
disciplinary action.

5. Enter into an agreement with the licensee to restrict or limit the licensee's
practice or activities in order to rehabilitate the psychologist, protect the public and
ensure the psychologist's ability to safely engage in the practice of psychology.

6. Issue a nondisciplinary order requiring the licensee to complete a prescribed
number of hours of continuing education in an area or areas prescribed by the board to
provide the licensee with the necessary understanding of current developments, skills,
procedures or treatment.

J. If the board finds that the information provided pursuant to subsection A or D
of this section warrants suspension or revocation of a license, it shall hold a hearing
pursuant to title 41, chapter 6, article 10. Notice of a complaint and hearing is fully
effective by mailing a true copy to the licensee's last known address of record in the
board's files. Notice is complete at the time of its deposit in the mail.

K. The board may impose a civil penalty of at least three hundred dollars but not
more than three thousand dollars for each violation of this chapter or a rule adopted
under this chapter. The board shall deposit, pursuant to sections 35-146 and 35-147, all
monies it collects from civil penalties pursuant to this subsection in the state general
fund.

L. If the board determines after a hearing that a licensee has committed an act of
unprofessional conduct, is mentally or physically unable to safely engage in the practice
of psychology or is psychologically incompetent, it may do any of the following in any
combination and for any period of time it determines necessary:

1. Suspend or revoke the license.

2. Censure the licensee.

3. Place the licensee on probation.

M. A licensee may submit a written response to the board within thirty days after
receiving a letter of concern. The response is a public document and shall be placed in
the licensee's file.

N. A letter of concern is a public document and may be used in future disciplinary
actions against a psychologist. A decree of censure is an official action against the
psychologist's license and may include a requirement that the licensee return fees to a
client.

O. Except as provided in section 41-1092.08, subsection H, a person may appeal a
final decision made pursuant to this section to the superior court pursuant to title 12,
chapter 7, article 6.

P. If during the course of an investigation the board determines that a criminal
violation may have occurred involving the delivery of psychological services, it shall
inform the appropriate criminal justice agency.

Q. If the board finds that it can take rehabilitative or disciplinary action at any
time during the investigative or disciplinary process, it may enter into a consent
agreement with the psychologist to limit or restrict the psychologist's practice or to
rehabilitate the psychologist in order to protect the public and ensure the
psychologist's ability to safely engage in the practice of psychology. The board may also
require the psychologist to successfully complete a board approved rehabilitative,
retraining or assessment program at the psychologist's expense.