Chapter Psy 5
CONDUCT
Psy 5.01 Professional conduct. Psy 5.02 Telehealth and telepsychology. Psy 5.01Psy 5.01 Professional conduct. The practice of psychology is complex and varied and, therefore, allows for a broad range of professional conduct. The following acts constitute unprofessional conduct by applicants for licensure and licensees of the board and are prohibited. Complaints regarding these acts shall be investigated and may lead to disciplinary proceedings. Psy 5.01(1)(1) Engaging in false, fraudulent, misleading or deceptive advertising, or maintaining a professional relationship with one engaging in such advertising. Psy 5.01(2)(2) Gross negligence in the practice of psychology or private practice of school psychology. Psy 5.01(2m)(2m) Engaging in conduct that falls below the standard of minimal competence within the practice of psychology or school psychology. Psy 5.01(3)(3) Misrepresentation of professional competency by offering to perform services that are unwarranted on the basis of education, training, or experience. Psy 5.01(4)(4) Performance of professional services inconsistent with training, education, or experience. Psy 5.01(5)(5) Conviction of a crime or violation of any law the circumstances of which substantially relate to the circumstances of the practice of psychology or private practice of school psychology. Psy 5.01(6)(6) Undertaking or continuing professional services after having been adjudged incompetent by a court of law. Psy 5.01(7)(7) Reporting distorted, erroneous, or misleading psychological information. Psy 5.01(8)(8) Engaging in false, fraudulent, exploitative, misleading, or deceptive billing practices. Psy 5.01(9)(9) Allowing professional judgment to be controlled by another. Psy 5.01(10)(10) Aiding or furthering discrimination on the basis of race, color, sex, creed, national origin, ancestry, handicap or sexual orientation by means of service given to a client. Psy 5.01(11)(11) Practicing or attempting to practice while the licensee has a physical or mental impairment, including impairment related to alcohol or other drugs, which is reasonably related to the licensee’s ability to adequately undertake the practice of psychology in a manner consistent with the safety of client or public. Psy 5.01(12)(12) Revealing facts, data, information, records or communication received from a client in a professional capacity except in the following circumstances: Psy 5.01(12)(a)(a) With the informed consent of the client or the client’s authorized representative. Psy 5.01(12)(b)(b) With prior notification to the client at the time the information was elicited of the use and distribution of the information. Psy 5.01(12)(c)(c) If necessary to prevent injury to the client or another person. Psy 5.01(12)(e)(e) Use of case history material for teaching or research purpose, or in textbooks or other literature, provided that proper precautions are taken to conceal the identity of the client. Psy 5.01(12m)(12m) Failing to have security protocols for access to facts, data, information, records, or communication received from a client in a professional capacity.