10.36.08 Monetary Penalties Flashcards
In general, what are the standards for imposing a monetary penalty (of not more than $10,000) after a hearing in which the Board finds that there are grounds to reprimand a licensee or suspend or revoke a license?
The Board may impose a penalty instead of, or in addition to, suspending the license OR in addition to revoking the license (for each violation). This can still happen if the licensee waived the right to a hearing and the Board found their actions in violation of Title 18.313.
What are the 9 specific violations for which the Board may impose a penalty of not more than $5,000?
1) SUB - substance dependence - a licensee is or has been addicted to any narcotic or habitually intoxicated.
2) MISREP - misrepresentation of fees or services.
3) DIS ADVERT - dishonest advertising - or promotes or causes the use of any misleading, deceiving, or untruthful advertising matter, promotional literature, or testimonial.
4) CUSTODY - violation of child custody evaluation standards.
5) DUAL - engaging in dual relationships.
6) PLAG - plagiarism.
7) SUP - supervision violation.
8) PSYC ASSOC - violation of the Psychology Associate requirements.
9) ABET LIC - aiding another to practice without a license or misrepresenting to the public that a person is a licensed psychologist.
The Board may impose a penalty of not more than $10,000 for which 16 specific violations?
1) FEL - is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other processing is pending to have the conviction or plea set aside.
2) DECEIT in PRAC - practices psychology fraudulently or deceitfully.
3) ETHICS - violates the code of ethics adopted by the Board.
4) TROUBLE - is disciplined by a licensing or disciplinary authority or any other State or country, is convicted or disciplined by a court of any state or country, or is disciplined by any branch of the U.S. uniformed services or the U.S. Veterans Administration for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes.
5) TITLE 18 - violates any provision of Title 18 or any regulation adopted by the Board.
6) IMMORAL - behaves immorally in the practice of psychology.
7) UNPROF - commits an act of unprofessional conduct in the practice of psychology.
8) INCONSIST - does an act that is inconsistent with generally accepted professional standards in the practice of psychology.
9) UNDUE INFLUENCE - exploitation or undue influence of a client.
10) FALSE for FEE - Submitting a false statement to collect a fee.
11) LIC - fraudulently or deceptively obtaining, attempting up obtain, or using a license.
12) INCOMP - professional incompetence.
13) RECIP DISCIP - reciprocal discipline.
14) SEX - sexual misconduct.
15) UNCOOP - failure to cooperate with the Board in an investigation or to comply with a Board order.
16) FALSE REPORT - willfully making or filing a false report or record on the practice of psychology.
What are the 6 factors that the Board will consider when imposing a financial penalty?
1) the extent to which the licensee derived any financial benefit from the violation.
2) the willfulness of the unprofessional or improper conduct.
3) the extent of actual or potential public harm caused by the violation.
4) the history of a previous violation(s).
5) mitigating factors as presented by the licensee.
6) the cost of investigating and prosecuting the case against the licensee.
Note: these are considered mitigating and aggravating factors.
When and how shall a licensee pay to the Board a monetary penalty? What happens if the licensee does not pay? Where does the money go?
The licensee shall pay to the Board a penalty as of the date the Board’s order is issued. Filing an appeal does not automatically stop payment of a penalty imposed by the Board.
If a licensee fails to pay, on whole or in part, the Board may not restore, reinstate, or renew a license until the penalty has been paid in full. The Board may refer all cases of delinquent payment to the Central Collections Unit of the Dept. of Budget and Management to institute and maintain proceedings to ensure prompt payment.
The Board shall pay all monies collected under this chapter into the State’s General Fund.
What are 3 other violations for which a licensee might be penalized up to $1,000?
1) IC - failure to comply with informed consent requirements.
2) DUTY - violation of provisions regarding duty to commit, treat, or warn.
3) DISC - discrimination.
What are 5 other violations which may result in a sanction of either a reprimand OR probation for one year, BUT no monetary penalty?
1) AX - assessment violation.
2) CONFID - disclosure of confidential information.
3) INCOMP - physical or mental incompetence.*
4) TERM - improper termination of services.
5) REC - record-keeping violation.
*Note: the sanction would be probation for one year for this violation; it would just be a reprimand for the other four.
