(A) The state board of psychology may refuse to issue a license to any applicant, may issue a reprimand, or suspend or revoke the license of any licensed psychologist or licensed school psychologist, on any of the following grounds:
(1) Conviction of a felony, or of any offense involving moral turpitude, in a court of this or any other state or in a federal court;
(2) Using fraud or deceit in the procurement of the license to practice psychology or school psychology or knowingly assisting another in the procurement of such a license through fraud or deceit;
(3) Accepting commissions or rebates or other forms of remuneration for referring persons to other professionals;
(4) Willful, unauthorized communication of information received in professional confidence;
(5) Being negligent in the practice of psychology or school psychology;
(6) Using any controlled substance or alcoholic beverage to an extent that such use impairs the person's ability to perform the work of a psychologist or school psychologist with safety to the public;
(7) Subject to section 4732.28 of the Revised Code, violating any rule of professional conduct promulgated by the board;
(8) Practicing in an area of psychology for which the person is clearly untrained or incompetent;
(9) An adjudication by a court, as provided in section 5122.301 [5122.30.1] of the Revised Code, that the person is incompetent for the purpose of holding the license. Such person may have the person's license issued or restored only upon determination by a court that the person is competent for the purpose of holding the license and upon the decision by the board that such license be issued or restored. The board may require an examination prior to such issuance or restoration.
(10) Waiving the payment of all or any part of a deductible or copayment that a patient, pursuant to a health insurance or health care policy, contract, or plan that covers psychological services, would otherwise be required to pay if the waiver is used as an enticement to a patient or group of patients to receive health care services from that provider;
(11) Advertising that the person will waive the payment of all or any part of a deductible or copayment that a patient, pursuant to a health insurance or health care policy, contract, or plan that covers psychological services, would otherwise be required to pay;
(12) Notwithstanding divisions (A)(10) and (11) of this section, sanctions shall not be imposed against any licensee who waives deductibles and copayments:
(a) In compliance with the health benefit plan that expressly allows such a practice. Waiver of the deductibles or copays shall be made only with the full knowledge and consent of the plan purchaser, payer, and third-party administrator. Such consent shall be made available to the board upon request.
(b) For professional services rendered to any other person licensed pursuant to this chapter to the extent allowed by this chapter and the rules of the board.
(B) Except as provided in section 4732.171 [4732.17.1] of the Revised Code, before the board may deny, suspend, or revoke a license under this section, or otherwise discipline the holder of a license, written charges shall be filed with the board by the secretary and a hearing shall be had thereon in accordance with Chapter 119. of the Revised Code.
HISTORY: 134 v S 176 (Eff 9-22-72); 136 v H 300 (Eff 7-1-76); 137 v H 725 (Eff 3-16-78); 145 v S 279 (Eff 10-20-94); 147 v S 31 (Eff 4-10-98); 149 v S 9. Eff 5-14-2002.
Cross-References to Related Sections
Balance billing of medicare beneficiaries, RC § 4769.02.
Drug offense convictions to be reported to professional licensing authorities, RC § 2925.38.
Malpractice actions against psychologist, RC § 2305.11.3.
Report of abuse or neglect of resident or misappropriation of property at long-term care facility by health care professional, RC § 3721.22.
Ohio Adminstrative Code
Rules of professional conduct. OAC ch. 4732-17.
Comparative Legislation
Grounds for revocation, etc.:
CA - Bus & Prof Code § 2960 et seq
FL - Stat Ann § 490.009
IL - Comp Stat Ann ch 225 § 15/15
IN - Code § 25-33-1-15
KY - Rev Stat Ann § 319.082
MI - Comp Laws Ann §§ 333.16221, 333.16224, 333.16226, 333.16227
NY - Educ Law §§ 6509, 6509a
PA - CSA tit 63 § 1208
Research Aids
Refusal or revocation of license:
O-Jur3d: Phys & S §§ 41, 137, 144, 146
Am-Jur2d: Phys & S § 80 et seq
ALR
Improper or immoral sexually related conduct toward patient as ground for disciplinary action against physician, dentist, or other licensed healer. 59 ALR4th 1104.
Rights as to notice and hearing in proceeding to revoke or suspend license to practice medicine. 10 ALR5th 1.
CASE NOTES AND OAG
Analysis
Expungement of records.
Felony conviction.
Injunctions.
Negligence.
Practice in another state.
Practice outside competence.
Property interest of practitioner.
Sexual conduct.
Supervision of counselor.
When a court orders that the criminal conviction of an individual who is a licensee of the Ohio state board of psychology be sealed, pursuant to RC § 2953.32(C), the Ohio state board of psychology is not required to seal any of its official records because of the order, unless specifically directed to do so by the court: OAG No. 83-100 (1983).
To the extent that records maintained by the Ohio state board of psychology contain information or other data the release of which is prohibited by RC § 2953.35(A), such records are not "public records" within the meaning of RC § 149.43(A)(1). The Board may, therefore, seal such information or data or otherwise segregate it from its public records in order to comply with RC § 2953.35(A): OAG No. 83-100 (1983).
A felony conviction of Medicaid fraud is sufficient to support a license revocation: McGee v. Ohio State Bd. of Psychology, 82 Ohio App. 3d 301, 611 N.E.2d 902 (1993).
Revised Code § 4732.17 does not grant the Ohio State Board of Psychology authority to issue injunctions or to order a licensed psychologist to cease doing something which the board finds to be prohibited in the practice of psychology: In re Miller, 20 Ohio App. 3d 346, 20 Ohio B. 450, 486 N.E.2d 217 (1984).
A finding by the Ohio State Board of Psychology that a licensed psychologist was using the title "Dr." and "Ph.D." in conjunction with his degree from an unaccredited university did not constitute proof that he was guilty of negligence in the practice of psychology, as prohibited by RC § 4732.17 (A)(5), but was sufficient to support a finding of guilty of violation of professional rules of conduct, as prohibited by RC § 4732.17 (A)(7): In re Miller, 20 Ohio App. 3d 346, 20 Ohio B. 450, 486 N.E.2d 217 (1984).
The state board of psychology may refuse to issue a license to an applicant who, after signing an Ohio Supervisee Registration Form agreeing to follow Ohio psychology law and rules, violates OAC 4732-17-01(A)(2)(d) while practicing in the state of Kansas: Barnett v. Wendt, 33 Ohio App. 3d 124, 514 N.E.2d 739 (1986).
The clear mandate of OAC 4732-17-01(B)(1) and (2) requires (1) that a psychologist not offer services or use techniques that fail to meet professional standards established in this field, and (2) that, when faced with problems that fall outside the boundaries of his own competence, a psychologist will obtain help from other professionals: In re Barnes, 31 Ohio App. 3d 201, 31 Ohio B. 470, 510 N.E.2d 392 (1986).
Property interest of practitioner
Under Ohio law, it is clear that a person has a property interest, or legitimate claim of entitlement, to practice psychology once he has been licensed, without being formally disciplined unless certain procedures have been followed: Wilson v. Moss, 537 F. Supp. 281, (S.D. 1982).
Former OAC 4732-17-01(A)(2)(d), the prohibition against a psychologist engaging in a sexual relationship with an immediate ex-client, is not so vague so as to cause a psychologist of ordinary intelligence to guess as to its meaning or application: Leon v. Ohio Bd. of Psychology, 63 Ohio St. 3d 683, 590 N.E.2d 1223 (1992).
A psychologist violates RC § 4732.17 where he enters into a relationship with a person who has applied for a counselor's license, but does not comply with the applicable administrative provisions: Steckler v. Ohio State Bd. of Psychology, 83 Ohio App. 3d 33, 613 N.E.2d 1070 (1992).