(a) Voluntary inactive status results when a licensee has applied to be placed on inactive status and has paid a $50.00 fee to the board for the license:
(1) may be renewed biannually for $50.00; and
(2) may be reactivated by submitting an application to the board, completing the continuing education requirements, complying with any background investigation required, complying with other requirements prescribed by the board, and paying a $50.00 reactivation fee plus the current biennial renewal fee at the time of reactivation;
(b) Psychologists, psychological associates, associate psychologists, and anyone under the board's supervision shall conduct their professional activities in conformity with ethical and professional standards promulgated by the board under its rules and regulations.
(c) The board shall have the power and duty to recommend to the Commissioner of Health to suspend, place on probation, or require remediation for any psychologist, psychological associate or associate psychologist for a specified time, to be determined at the discretion of the board, or to revoke any license of a psychology professional or to take any other action specified in the rules and regulations whenever the board shall find by a preponderance of the evidence that the psychologist, psychological associate, or associate psychologist has engaged in any of the following acts or offenses:
(1) violation of ethical standards as established under the rules and regulations of the board to such an extent that it would render the person unfit to practice as a psychologist, psychological associate or associate psychologist;
(2) use drugs or alcohol or both, to an extent that impairs the individual's ability to engage in the practice of professional psychology;
(3) committing any act upon a client which is sexual battery or which would constitute sexual misconduct as defined and determined by the board;
(4) use of fraud, deception, misrepresentation or bribery in securing any license issued under this chapter or in obtaining permission to take an examination given or required pursuant to the provisions of this chapter;
(5) obtaining or attempting to obtain any fee, charge, tuition, or other compensation by fraud, deception or misrepresentation;
(6) making misleading, deceptive, untrue, or fraudulent representations in the practice of persons licensed under this chapter;
(7) violation of, assisting or enabling any individual to violate any provision of this chapter or any rule or regulation adopted under this chapter;
(8) impersonation of any person holding a license or allowing any individual to use a license or diploma from any school to obtain licensure under this chapter;
(9) revocation or suspension of a license or other authorization to practice psychology granted by another state, territory, federal agency or country upon grounds for which revocation or suspension is authorized by this chapter;
(10) the individual is mentally impaired to an extent that impairs the individual's ability to engage in the practice of psychology;
(11) assisting or enabling any person to hold oneself out to the public as a licensed psychologist, psychological associate, or associate psychologist who is not licensed under the provisions of this chapter;
(12) the issuance of the license is based upon a material mistake of fact;
(13) use of any advertisement or solicitation which is false, misleading, or deceptive to the general public or to the person to whom the advertisement is primarily directed;
(14) paying a kickback, rebate, bonus or other remuneration for receiving a client, or receiving a kickback, rebate, bonus, or other remuneration for referring a client to another mental health or psychology professional or to a provider of health care services;
(15) referring a client to oneself for services on a fee paid basis when those services are already being paid for by some other public or private entity, or entering into a reciprocal referral agreement;
(16) failing to make available to a client, upon written request, copies of reports, or documents in the possession or under the control of the licensee which have been prepared for and paid for by the client;
(17) failing to respond within 30 days to a written communication from the board concerning any investigation by the board, or failing to make available any relevant records with respect to any investigation about the licensee's conduct or background;
(18) performing any treatment or prescribing any therapy which, by the prevailing standards of psychology, would constitute experimentation on human subjects, without first obtaining full, informed, and written consent;
(19) failing to meet the minimum standards of performance in professional activities when measured against generally prevailing psychological techniques including the undertaking of activities for which the licensee is not qualified by training or experience;
(20) conviction of a felony, provided that a copy of the record of conviction, certified by the clerk of the court entering the conviction shall be conclusive evidence;
(21) conviction of any crime of moral turpitude or offense that reflects the inability of the practitioner to practice psychology with due regard for the health and safety of patients;
(22) conviction of fraud in filing Medicare or Medicaid claims or in filing claims to any third party payer provided that a copy of the record of conviction, certified by the clerk of the court entering the conviction shall be conclusive evidence;
(23) exercising undue influence in such a manner as to exploit a client, patient, student, or intern for financial or other personal advantage to the practitioner or a third party;
(24) refusal to appear before the board after having been ordered to do so in writing by the chairman of the board.
(d) The issuance of a license in the first instance may be revoked if the circumstances in subsection (c) of this section apply.
(e) No license may be denied, suspended, or revoked under subsection (c) of this section without prior notice and opportunity for a hearing, except that the board may, without prior notice or hearing, temporarily suspend for up to one month the license of any person convicted of a crime as set forth in subsection (c) of this section. The burden of proof shall be on the board in any proceeding to suspend or revoke a license. No license may be denied, suspended, or revoked under this section except by a majority vote of the board.
(f) Any person may file a complaint with the board seeking denial, suspension, or revocation of a license issued or to be issued by the board. Such complaint shall be in a form prescribed by the board and shall be verified under oath by the complainant. If the board determines that a complaint alleges facts which, if true, would require denial, revocation, or suspension of a license, it shall promptly institute a hearing. Whenever the Board is of the opinion that a complaint does not allege facts which warrant a hearing, the complaint may be dismissed.
(g) A license may expire as a result of failure to comply with section 169g(a) of this chapter.