Lecture 4 Flashcards
Psychology Licensing Laws
Association of State and Provincial Psychology Boards 1961 - purpose was to create a national licensing exam, 1963 people started to use it/it was published. The laws are intended to protect the public by limiting licensure to persons who are qualified to practice psychology. And protect the public from psychologists who practice incompetently or unethically. First licensing law was in CT, 1945. AL in 1963. Missouri was the last state. Working on a step 2 exam now, current one is knowledge of field, 15% is ethics - new one being competency skills, historically this has come from letters. No research has been done on whether the exam does what it’s supposed to do. Licensing boards are in place to protect public, they will not side with you - guilty until proven innocent. Have to be licensed in the state you’re practicing in, can be licensed in multiple states. Can’t go to another state to see a client.
34-26-1
These are administrative laws, so you get less due process if you come before them. Defines psychologist and psychological technician.
34-26-3
Board of Examiners shall adopt the Ethics Code of the APA to govern appropriate practices of behavior - essentially law to follow the ethics code.
34-26-21
Created state board of examiners in psychology to consist of seven persons who shall be appointed by the governor: 1 member of faculties, 4 members practicing psychologists, 1 member a psychological technician, 1 general public member (AL residents)
34-26-41
Candidates for licensure as psychologist must be of good moral character (not defined, letters of rec attest to it supposedly), be at least 19 years of age, received a doctorate degree from a department or school of psychology, pass board exams. Cutoff for passing changes every year on the exam, usually around 70%. 83% pass the first time.
34-26-42
If a person holds themselves out to the public as a psychologist and is not licensed as same, he/she shall be deemed guilty of a class C misdemeanor
34-26-22
Requires continuing education activities for license renewal. 20 hours is standard but can be in any area. Not really a good way to ensure that people are maintaining competency (APA looking into things like peer consultation, supervision).
34-26-46
Disciplinary actions: the board shall suspend, place on probation, require remediation, revoke any license, or make any other action whenever the psychologist has engaged in the following acts. Reported to national practitioner database, affects job prospects. Board complaint is the worst to receive, burden of proof is less (40% chance of getting a complaint in a 20 year career) . Civil case - proving behavior caused damage. If you get one, you should get an attorney since no one else will be on your side, the board has to defend the public. Don’t ever sign a consent agreement with the board without legal advice (you’re essentially agreeing to a conclusion the board has come to, can be an admission you did something wrong). Can open lawsuit if you said you did something wrong, increases chance of successful lawsuit. No statute of limitations with licensing board, can be 30 years ago. 2% of psychologists are disciplined on a yearly basis, so it’s worse when you fall in that number. Lawsuits are even more rare than board complaints.
AL board of examiners 2016
19 complaints - 10 no probable cause, 4 probable cause, 5 remain open as ongoing investigation.
Reasons for licensing board disciplinary actions (US)
Unprofessional conduct - 996, sexualized relationship - 971 (this number is decreasing), 334 conviction of crimes, 203 improper record keeping (increase on this), 183 failure to comply with continuing ed, 180 fraudulent acts, 177 inadequate supervision, 155 breach of confidentiality. APA data in 2009 for past 26 years.
ASPPB Disciplinary data system (1974-2016)
Top 10: unprofessional conduct - 945, sexual misconduct - 926, non-sexual dual relationship - 599, negligence - 650, conviction of crime - 511, failure to maintain adequate/accurate records - 401, failure to comply with CEU - 390, incompetence - 328, improper/inadequate supervision or delegation - 294, substandard or inadequate care - 286.
ASPBB disciplinary data system 2010-2016
2016: 12 revocations, 10 suspensions, 32 probations, 17 reprimands. 2015: 12 revocations, 21 suspensions, 42 probations, 35 reprimands. 2014: 8 revocations, 31 suspensions, 27 probations, 26 reprimands. 2013: 18 revocations, 36 suspensions, 34 probations, 33 reprimands. 2012: 12 revocations, 28 suspensions, 39 probations, 55 reprimands. 2011: 13 revocations, 32 suspensions, 38 probations, 53 reprimands. 2010: 15 revocations, 43 suspensions, 58 probations, 56 reprimands
Lawsuits
APA insurance trust data (1993-2003) losses: ineffective treatment 29%, failure/improper diagnosis 16%, custody dispute 10%, sexual misconduct 9%, breach of confidentiality 8%, suicide 4%, supervisory issues 3% (can be multiple reasons, client’s lawyer will typically use top 2 categories)
