Board Flashcards
How many total board members?
9
How many consumer members?
2
How many licensed psychologist members?
7
What psychology specialties and how many of each are required among board members?
- 2 “engaged primarily in providing psychological services”
- 2 “engaged primarily in teaching, training, or research in psychology”
Who appoints the psychologist members?
The governor, with the advice of the Secretary of DHMH and advice and consent of the Senate, from a list of names provided by the MPA
Who appoints the consumer members?
The governor, with the advice of the Secretary of DHMH and advice and consent of the Senate.
How does the MPA create its list of board candidates?
- solicits nominations from licensed psychologists
- nominees are voted on by all licensed psychologists
What are the qualifications of psychologist members?
- practiced, taught, or conducted research at least 5 years
- US citizen and Maryland resident
What are the qualifications of consumer members?
- never been or trained to be a psychologist
- never been commercially or professionally engaged in a field related to psychology
- has no household members for whom the above is true
- currently does not have nor had within 2 years prior to appointment any “substantial financial interest” in anyone regulated by the Board
What is the tenure of a board member?
- 4 years, with terms staggered across members
- members continue to serve until a successor is appointed and qualifies
- new members beginning after a term has started serve only the remainder of the term
How many terms may a board member serve?
not more than 2 consecutively
How long does the governor have to fill in a board vacancy?
60 days, to the extent practicable
For what reasons may the governor remove a board member?
- incompetence
- misconduct
- absence from 2 consecutive board meetings (without adequate reason and upon recommendation of Secretary)
What defines a quorum for the board?
A majority of its members then serving
How often is the board required to meet?
at least once per year
Who may call special meetings of the board?
- the Secretary
- the chair
- a majority of its members
How are board members compensated?
- “for each day on which the member is engaged in performing the duties of the member’s office” at a rate determined by the board
How long does the board have to notify a psychologist that a complaint has been lodged against him/her?
120 days
What alternatives does the board have to notifying a psychologist of a complaint?
- not notifying, if doing so would prejudice the investigation
- disposing of a complaint
How often must the board update a psychologist on the status of outstanding complaints against him/her?
every 3 months
How often must the board make a report of its activities to the Secretary?
annually at the end of the fiscal year
How much notice does the board have to give an individual against whom action is contemplated that s/he has been granted a requested hearing?
10 days, in person or by certified mail
The board has the power to issue subpoenas and administer oaths. Under what circumstances might the board issue subpoenas on behalf of the individual?
if the individual requests it and states under oath that the testimony or evidence is necessary to her/his defense
What happens if a person unlawfully disobeys the board’s subpoena?
S/he may be compelled to comply by the court.
What happens if an individual against whom action is contemplated does not appear for a hearing?
The board may choose to reschedule the hearing, or to proceed with in the person’s absence.
How do appeals to board decisions work?
- an aggrieved person may appeal to:
- the Board of Review
- a judiciary body
- an appeal does not stay a decision of the board to deny, suspend for more than 1 year, or revoke a license
Who can bring an action?
- the board
- the state attorney general
- a state’s attorney
Where may an action be brought?
in the county where the defendant resides or engaged in actions sought to be enjoined
Is proof of damage required to bring an action?
no
Can the board take action against someone who is not licensed as a psychologist and, if so, on what grounds?
Yes, if they are practicing psychology without a license and are not one of the exceptions to licensure.
Does the board’s action against someone preclude the possibility of criminal prosecution?
no
How much notice of charges and hearing must the board give to a licensee and how?
- 30 days notice
- sent by Board Chairman
- in person or by certified mail, restricted delivery, return receipt
- includes
- charges and issues
- date, time, place of hearing
Who may file a motion for a prehearing or case resolution conference?
- the Board, the licensee, or the complainant
What is the purpose of a case resolution conference?
to attempt to settle the case
What are some purposes of prehearings?
- delineating issues
- stipulating facts, laws, etc.
- arranging schedules
- arranging for witness lists and testimony subject matter
What items may be petitioned for discovery by either party?
by written request to the board or Office of Administrative Hearings to produce within 15 days:
- witness lists
- documents to be produced at the hearing
These items cannot be added to after a prehearing or less than 15 days before a hearing, except for impeachment or rebuttal purposes.
What items are mandatory discovery?
not later than 15 days before prehearing or 45 days before hearing, name and CV of expert witnesses and written detailed summary of experts’ testimony
Can the board or Office of Administrative Hearings exclude reports provided through mandatory discovery?
Yes, if it finds that the report is not sufficiently specific or otherwise fails to comply with requirements.
When must motions be filed with the board?
at least 15 working days before the hearing, with copies going to the opposing party
When must responses to motions be filed with the board?
at least 10 working days before the hearing, with copies going to the opposing party
How might motions be filed with the board after the 15 working day deadline?
At its discretion, the board may entertain motions on the day of the hearing.
Who acts as the hearing authority?
- a quorum of the board, action by a majority of those present at the hearing
- a delegation made by the board
What is the order of procedure of the hearing?
- case on behalf of the State first
- case on behalf of the respondent second
- rebuttal is permitted
For whom does the board issue subpoenas?
any and all witnesses, requested in writing by parties
How is the board’s decision and orders communicated?
in writing, delivered or mailed promptly to each party
What happens if the board finds no violations?
the record of the proceedings is expunged
How does an aggrieved party apply for a rehearing?
- party applies within 10 days of decision by stating the grounds for rehearing
- board considers only facts not presented in original hearing
- board replies to application within 30 days
