18-205 Good Faith Exemption & 18-206 Duties of the Board Flashcards
What are the 3 duties of the Board that are covered in this section?
1) establish procedures for receiving and investigating complaints.
2) submit an annual report of its activities to the secretary as soon as practical after the end of each fiscal year.
3) adopt an official seal.
What does “good faith exemption from civil liability” mean?
A person shall have immunity from liability for giving info to the Board. That is, anyone who cooperates with an investigation of the Board and answers their questions honestly is exempt from civil liability (e.g., the investigated psychologist whom you answer questions about taking legal action against you) arising from the Board’s investigation and proceedings. (…But not from “jail yard justice”; snitches get stitches!).
What are the specific rules re: procedures for receiving and investigating complaints?
1) the Board must provide notice to the licensed psychologist that a complaint has been filed against them (and forward a copy of the complaint to them) within 120 days of receipt of the complaint, unless:
A) the Board decides that doing so would prejudice the investigation and notifies the psychologist of this decision (e.g., the psychologist may destroy or fix records if they find out in advance).
B) the Board disposes of the complaint within 120 days of the date of receipt of the complaint (that is, if the Board dismisses a complaint within 120 days and therefore does not need to open a formal investigation, there is no need to notify the psychologist).
2) the Board must notify the licensed psychologist and the complainant as to the status of any outstanding complaint at least every 3 months.
