PA Psych Study Guide - Report of the Prosecutor Flashcards
Dear Psychology Board Members: I am bringing to your attention several cases. On many of these we have decided to proceed with prosecution. On some of these we have decided that the Professional Psychologists Practice Act did not permit prosecution.
Can you identify the ones which are not eligible for prosecution? What are the grounds for going ahead with the prosecution of the other cases?
- a psychologist who was also licensed in another state who had her license in that other state revoked
A psychologist may be prosecuted for “having a license to practice psychology suspended, revoked or refused or receiving other disciplinary action by the proper licensing authority of another state, territory, or country” (Section 8 (7)). Also, “any disciplinary action taken in any other state, territory, or country shall be reported to the board on the biennial registration application or within ninety days, whichever is sooner” (Section 8.1).
In addition, since the mandate to report child abuse is also found in the regulations of the State Board of Psychology, the psychologist could also be prosecuted for “violating a lawful regulation promulgated by the board” (Section 8 (9)).
Can you identify the ones which are not eligible for prosecution? What are the grounds for going ahead with the prosecution of the other cases?
- a psychologist who failed to perform duties required of her according to the Child Protective Services Law
- A psychologist may be prosecuted for “failing to perform any statutory obligation placed upon a licensed psychologist” (Section 8 (13)).
Can you identify the ones which are not eligible for prosecution? What are the grounds for going ahead with the prosecution of the other cases?
- a psychologist who cheats on his wife
Not grounds for prosecution
Can you identify the ones which are not eligible for prosecution? What are the grounds for going ahead with the prosecution of the other cases?
- a psychologist who was habitually drunk at work and who performed at an
unacceptable level of conduct;
A psychologist may be prosecuted for “being unable to practice psychology with reasonable skill and safety by reason of illness, drunkenness, excessive use of drugs, narcotics, chemicals or other type of material, or as a result of any mental or physical commitment” (Section 8 (8)).
Can you identify the ones which are not eligible for prosecution? What are the grounds for going ahead with the prosecution of the other cases?
- a psychologist who accidentally put down 1 hour of psychotherapy on a billing form when she performed only 45 minutes of service;
This is not grounds for prosecution. Prosecutions may only occur for “intentionally submitting to any third party a claim for a service or treatment which was not actually provided by a client” (Section 8 (13)).
Can you identify the ones which are not eligible for prosecution? What are the grounds for going ahead with the prosecution of the other cases?
- a psychologist who clearly violated one of the principles of the Code of Ethics of the State Board of Psychology;
A psychologist may be prosecuted for failing to follow any regulation of the board, “including, but not limited to, ethical regulation” (Section 8 (9)).
Can you identify the ones which are not eligible for prosecution? What are the grounds for going ahead with the prosecution of the other cases?
- a psychologist who kept records which, although they met the minimum required of the State Board, were not very good;
This is not grounds for prosecution. A psychologist may be prosecuted for “failing to maintain professional records in accordance with the regulations prescribed by the board,” so any psychologists who met these minimal requirements would be exempt from prosecution (Section 8 (15)).
Can you identify the ones which are not eligible for prosecution? What are the grounds for going ahead with the prosecution of the other cases?
- a psychologist who chased ambulances and offered his services to distraught persons in the emergency room, using harassing, intimidating, and overreaching conduct
A psychologist can be prosecuted for “soliciting any engagement to perform professional services by any direct in-person or uninvited soliciting through the use of coercion, duress, compulsion, intimidation, threats, overreaching or harassing conduct” (Section 8 (12)).
Can you identify the ones which are not eligible for prosecution? What are the grounds for going ahead with the prosecution of the other cases?
- a psychologist who intentionally falsified his credentials when he applied for a license;
A psychologist may be prosecuted for “practicing fraud or deceit in obtaining a
license to practice psychology” (Section 8 (3)).
Can you identify the ones which are not eligible for prosecution? What are the grounds for going ahead with the prosecution of the other cases?
- a psychologist is practicing outside of her area of expertise;
The psychologist may be prosecuted because “The Board requires psychology trainees and licensees to limit their practices to areas of demonstrated competence” (49 Pa. Code §41.51; see also 49 Pa. Code §41.61, Principle 2 (a)); Section 8 (4)).
Can you identify the ones which are not eligible for prosecution? What are the grounds for going ahead with the prosecution of the other cases?
- a school psychologist who enrolled in school psychology training before June 30, 2018 and who is employed by a district as a school psychologist is performing in private practice those acts which he is permitted to perform in the public schools;
This is not grounds for prosecution for those who entered graduate school in school psychology before July 1, 2018 (See Section 3(10); 49 Pa. Code §41.56).
Can you identify the ones which are not eligible for prosecution? What are the grounds for going ahead with the prosecution of the other cases?
- an applicant who submitted supervision hours where the delegated supervisor was not licensed;
Remember this is a situation where the Board has two conflicting definitions of a delegated supervisor. The Board will accept the broader definition of delegated supervisor found in the definitions that permits delegated supervisors to be exempt from licensing (49 Pa. Code §41.1).
Can you identify the ones which are not eligible for prosecution? What are the grounds for going ahead with the prosecution of the other cases?
- a psychologist with special training and competence in treating addictive disorders who practiced without the approval of the Pennsylvania Department of Health.
The psychologist was practicing in accord with Board policy (see 49 Pa. Code §41.8).
