Section 415-10-2 - Grounds for Discipline1. Violation of Code of EthicsViolation of any provision of a code of ethics or practice standard adopted in Chapter 9 of the board's rules constitutes a ground for discipline. In the event of any conflict or inconsistency between a code of ethics and this chapter, the provisions of this chapter govern.
2. Fraud or Deceit in Obtaining LicenseThe practice of fraud or deceit in obtaining a license includes, but is not limited to:
A.Falsification or misrepresentation of education or experience of an applicant;B.Falsification or misrepresentation of a recommendation from a consultant or peer;C.Cheating on a licensure examination;D.Intentionally withholding or misrepresenting any information requested on the application, including any information regarding criminal or disciplinary action taken by any state or other jurisdiction against an applicant; andE.Impersonating another applicant.3. Licensure Action in Other JurisdictionDisciplinary action in another state or other jurisdiction against the licensee's license to practice psychology constitutes a ground for discipline.
4. Professional MisconductProfessional misconduct in the practice of psychology includes, but is not limited to:
A.Using alcohol or drugs with a client;B.Failing to report abuse or neglect of a child, or abuse, neglect or exploitation of an incapacitated or dependent adult, as mandated by state law;C.Maintaining client records which are substantially inaccurate or incomplete;D.Making repeated untruthful or deceptive or improbable statements concerning the licensee's qualifications or the effects or results of proposed psychological services; and5. Negligence; IncompetenceNegligence or incompetence in the practice of psychology includes, but is not limited to:
A.Knowingly, recklessly or negligently causing physical or emotional harm to a client;B.Engaging in conduct which evidences a lack of knowledge or ability to apply principles or skills to carry out the practice of psychology;C.Practicing psychology in such a manner as to endanger the welfare of a client; andD.Functioning outside of one's professional competence established by education, training and experience.6. Fraud or Deceit in the Practice of PsychologyThe practice of fraud or deceit in connection with services rendered as a psychologist or psychological examiner includes, but is not limited to:
A.Committing or aiding another to commit fraud;B.Falsifying client records; andC.Deceit or corruption in billing, payment or insurance reimbursement procedures.7. Breach of ConfidentialityDisclosing a client's health care information in violation of 22 MRSA §1711-C constitutes a ground for discipline.
8. Refusal to Release Records; Excessive FeesA.Refusal to release treatment records as required by 22 MRSA §1711-B constitutes a ground for discipline.B.Charging excessive fees for treatment records in violation of 17 MRSA §1711-A constitutes a ground for discipline.9. Breach of Responsibilities Related to Supervision and ConsultationBreach of supervision or consultation responsibilities includes, but is not limited to:
A.Failure of a psychologist with supervisory responsibilities to provide adequate supervision of: (1) A psychological examiner with intervention privileges in a manner consistent with Chapter 5, Section 3(4) of the board's rules;(2) A conditional or temporary licensee in a manner consistent with Chapter 3, Section 6 of the board's rules;(3) Another psychologist in the employment of or working under the direction of the psychologist, if the supervisor knew or in the exercise of reasonable diligence should have known of the acts or omissions of the supervisee; or(4) A predoctoral or postdoctoral supervisee in a manner consistent with Chapter 4, Section 2 of the board's rules, or a psychological examiner in training in the manner described in Chapter 5, Section 2 of the board's rules.B.Practice by a temporary or conditional psychologist or a psychological examiner performing intervention services in the absence of adequate supervision from a psychologist with supervisory responsibility; andC.Failure of a psychologist with consulting, monitoring or supervisory responsibilities in connection with a board order or consent agreement to adequately perform the obligations of the engagement.10. Aiding or Abetting Unlicensed PracticeAiding or abetting a person not duly licensed to represent him/herself as a psychologist or psychological examiner includes, but is not limited to:
A.Assisting another to perform services beyond the scope of the person's license or without a license;B.Knowingly supervising or providing consultation to an unlicensed person representing him/herself as licensed, or to a licensed person practicing beyond the scope of the license; andC.Knowingly making referrals to an unlicensed person representing him/herself as licensed, or to a licensed person practicing beyond the scope of the license.12. Emotional, Physiologic or Pharmacologic ConditionA psychologist who practices when the psychologist is unable to practice with reasonable skill and safety to clients due to an emotional, physiologic or pharmacologic condition is subject to disciplinary action.
02-415 C.M.R. ch. 10, § 2