32-2082. Right to examine and copy evidence;
subpoenas; right to counsel; appeal
A. In connection with an investigation conducted pursuant to this chapter, at all
reasonable times the board and its authorized agents may examine and copy documents,
reports, records and other physical evidence wherever located relating to the licensee's
professional competence, unprofessional conduct or mental or physical ability to safely
practice psychology.
B. The board and its authorized agents may issue subpoenas to compel the attendance
and testimony of witnesses and the production of documents and other physical evidence as
prescribed in subsection A. The board may petition the superior court to enforce a
subpoena.
C. Within five days of receiving a subpoena, a person may petition the board to
revoke, limit or modify the subpoena. The board shall take this action if it determines
that the evidence demanded is not relevant to the investigation. The person may petition
the superior court for this relief without first petitioning the board.
D. A person appearing before the board or its authorized agents may be represented
by an attorney.
E. Documents associated with an investigation are not open to the public and shall
remain confidential. No documents may be released without a court order compelling their
production.
F. Nothing in this section or any other provision of law making communications
between a psychologist and client privileged applies to an investigation conducted
pursuant to this chapter. The board, its employees and its agents shall keep in
confidence the names of clients whose records are reviewed during an investigation.
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