43-32-26. Issuance and display of license.
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The board is the sole agency empowered to examine competence in the practice of psychology. A certificate of license or registration issued by the board must show the full name of the licensee, have a serial number, be signed by the president of the board, and be attested by the secretary. The license issued by the board under this chapter must be prominently displayed at the principal place of business at which the licensee practices.
43-32-27. Denial - Revocation or suspension of license - Grounds. 1. The board, after notice, hearing, and an affirmative vote of at least a majority of board
members, may withhold, deny, revoke, or suspend any license issued or applied for
under this chapter and may otherwise discipline a licensee or an applicant upon proof
the applicant or licensee:
a. Has been convicted of an offense determined by the board to have a direct
bearing upon an individual's ability to serve the public in the practice of
psychology, or if the board finds, after the conviction of any offense, that an
individual is not sufficiently rehabilitated under section 12.1-33-02.1.
b. Is unable to practice psychology with reasonable skill and safety to clients or
patients by reason of illness, inebriation, misuse of drugs, narcotics, alcohol,
chemicals, or any other substance, or as a result of any mental or physical
condition.
c. Has impersonated another individual holding a license issued under this chapter
or allowed another person to use the licensee's license.
d. Has used fraud or deception in applying for a license or in taking an examination
under this chapter.
e. Has allowed the licensee's name or license issued under this chapter to be used
in connection with any person who performs psychological services outside of the
area of that person's training, experience, or competence.
f. Is legally adjudicated insane or mentally incompetent. The record of the
adjudication is conclusive evidence of that fact.
g. Has engaged in any form of unethical conduct as defined in the code of ethical
conduct adopted by the board by rule.
h. Has become grossly negligent in the practice of psychology.
i. Has willfully or negligently violated this chapter.
j. Has engaged in an act in violation of rules adopted by the board.
k. Has had a license revoked or suspended or was disciplined in another
jurisdiction. 2. The board shall state in writing the board's reason for denying a license. 3. The board may assess costs incurred by the board related to investigations and
disciplinary actions. By rule, the board may set fees or fines, not to exceed five
hundred dollars, for minor infractions of this chapter. 4. An individual whose license has been revoked under this section may not reapply for
licensure for at least two years after the date of revocation. 5. Other than the term "in good standing", by rule, the board shall define terms related to
license status, such as "revoked", "suspended", "inactive", and "probationary".
43-32-27.1. Complaints - Investigations. 1. A person aggrieved by the actions of a licensee or psychology resident may file a
written statement with the board citing the specific allegations of misconduct. The
board shall notify the licensee or psychology resident of the allegation and request a
written response. The board may establish procedural exceptions for processing
multiple allegations from the same person. 2. The board shall determine if the information in an allegation warrants investigation as
a complaint, without requiring the source of the information to be made a matter of
public record, if the board concludes that good cause exists for preserving the
confidentiality of the source. 3. A licensee or psychology resident who is the subject of an investigation by the board
shall cooperate fully with the investigation. Cooperation includes responding fully and
promptly to any reasonable question raised by or on behalf of the board relating to the
subject of the investigation and providing copies of patient or client records if
reasonably requested by the board and accompanied by the appropriate release. 4. In order to pursue an investigation, the board may subpoena and examine witnesses
and records, including patient and client records, and may copy, photograph, or take
samples of the records. The board may require the licensee or psychology resident to
give statements under oath, to submit to a physical or psychological examination, or
both, by a physician or other qualified evaluation professional selected by the board, if
requiring an examination is in the best interest of the public. The patient and client
records released to the board are not public records. The board may adopt rules to
assign, define duties, and compensate an investigator to assist the board to process a
complaint.
5. Unless a patient or client release is on file allowing the release of information at the
public hearing, patient and client records acquired by the board in the board's
investigation are confidential and closed to the public. All board meetings at which
patient or client testimony or records are taken or reviewed are confidential and closed
to the public. If patient or client testimony or records are not taken or reviewed, the
remainder of the meeting is an open meeting unless a specific exemption is otherwise
applicable.