| (a) Purpose. The Purpose of the guidelines is to:
(1) Provide guidance and a framework of analysis for
administrative law judges in the making of recommendations in contested
licensure and disciplinary matters;
(2) Promote consistency in the exercise of sound discretion
by the Board in the imposition of sanctions in disciplinary matters;
and
(3) Provide guidance for the resolution of potentially
contested matters.
(b) Limitations. The Board shall render the final decision
in a contested case and has the responsibility to assess sanctions
against licensees who are found to have violated the Act. The Board
welcomes recommendations of administrative law judges as to the sanctions
to be imposed, but the Board is not bound by such recommendations.
A sanction should be consistent with sanctions imposed in other similar
cases and should reflect the Board's determination of the seriousness
of the violation and the sanction required to deter future violations.
A determination of the appropriate sanction is reserved to the Board.
The appropriate sanction is not a proper finding of fact or conclusion
of law. This chapter shall be construed and applied so as to preserve
the Board's discretion in the imposition of sanctions and remedial
measures pursuant to the Act's provisions related to methods of discipline
and administrative penalties. This chapter shall be further construed
and applied so as to be consistent with the Act, and shall be limited
to the extent as otherwise proscribed by statute and Board rule.
(c) Revocation. The Board shall revoke the license
of any licensee if the Board determines that the continued practice
of psychology by the licensee poses a harm to the public. The Board
shall revoke the license of any licensee who is convicted of a felony
involving Medicare or Medicaid fraud. The Board may revoke the license
of any licensee who receives deferred adjudication for a felony involving
Medicare or Medicaid fraud, if, after consideration of the factors
described by Sections 53.022 and 53.023(a) of the Occupations Code,
the Board determines that the licensee may pose a continued threat
to public safety; or the practice of psychology by the licensee would
create a situation in which the licensee has an opportunity to repeat
the prohibited conduct. Licensees who violate the following Board
rules shall be subject to revocation without reference to subsections
(e) through (g) of this section:
(1) Board rule §465.13(b)(3) and (b)(6) of this
title (relating to Personal Problems, Conflicts and Dual Relationships)
pertaining to certain forms of sexual impropriety with current patients;
(2) Board rule §465.33(d) of this title (relating
to Improper Sexual Conduct) as it pertains to sexual relations, defined
in §465.33(c), with current patients; and
(3) Board rule §469.7(d)(1)(A) of this title (relating
to Persons with Criminal Backgrounds) pertaining to offenses against
the person (for example, homicide, kidnapping, sexual offenses, and
assaultive offenses).
(4) Board rule §461.16 of this title (relating
to (Inaccurate and False Information in Licensure Application/Documentation
and for Annual Licensure Renewal Application/Documentation), as it
pertains to serious falsification of an application or documentation
to obtain a license or renewal, and therefore fraud in obtaining a
license.
(d) The rules enumerated above are not intended to
be exhaustive. The Board may recommend revocation for licensees who
violate one or more Board rules that are not listed above.
(e) Disciplinary Sanctions. If the Board does not revoke
the license of a licensee as part of a disciplinary matter, it may
impose the following disciplinary sanctions which are listed in descending
order of severity:
(1) Suspension for a definite period of time;
(2) Suspension plus probation of any or all of the
suspension period;
(3) Probation of the license for a definite period
of time;
(4) Reprimand.
(f) Additional conditions. As terms of any sanction
imposed by the Board upon a licensee pursuant to a disciplinary matter
the Board may, at its discretion, impose any additional conditions
and/or restrictions upon the license of the licensee that the Board
deems necessary to facilitate the rehabilitation and education of
the licensee and to protect the public, including but not limited
to:
(1) Consultation with the licensee on matters of ethics
rules, laws and standards of practice by a licensed psychologist approved
by the Board;
(2) Restrictions on the licensee's ability to provide
certain types of psychological services or to provide psychological
services to certain classes of patients;
(3) Restrictions on the licensee's supervision of others
in the practice of psychology;
(4) Completion of a specified number of continuing
education hours on specified topics approved in advance by the Board
in addition to any minimum number required of all licensees as a condition
of licensure;
(5) Taking and passing with the minimum required score
of any examination required by the Board of a licensee;
(6) Undergoing a psychological and/or medical evaluation
by a qualified professional approved in advance by the Board and undergoing
any treatment recommended pursuant to the evaluation;
(7) Writing a research paper on a specific topic;
(8) Any other condition reasonably related to the rehabilitation
and education of the licensee.
(g) The length of the sanction period shall be determined
by the Board taking into account the time reasonably required to complete
the required terms and conditions set forth in the order imposing
the sanction.
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| Source Note: The provisions of this §470.21 adopted to be effective December 2, 1999, 24 TexReg 10552; amended to be effective May 16, 2000, 25 TexReg 4353; amended to be effective July 8, 2001, 26 TexReg 5007; amended to be effective July 9, 2002, 27 TexReg 6032; amended to be effective December 20, 2005, 30 TexReg 8433; amended to be effective May 30, 2007, 32 TexReg 2865; amended to be effective March 3, 2008, 33 TexReg 1813; amended to be effective September 19, 2012, 37 TexReg 7291 |
