New Hampshire Code of Administrative Rules Psyc - Board of Psychologists
New Hampshire Code of Administrative Rules — Psyc (Board of Psychologists)
Overview
The Psyc rules govern the licensure, practice, ethics, investigations, and discipline of psychologists in New Hampshire. The goal is to protect public safety and welfare by ensuring psychologists meet professional standards and ethical requirements.
1. Licensing and Registration
The Board regulates who can practice psychology in New Hampshire. To get licensed, applicants must meet educational and experience requirements, submit applications, and pay fees.
Education: Usually requires a doctoral degree in psychology from an accredited institution.
Experience: Supervised clinical experience is mandatory.
Examinations: Applicants must pass relevant national and state licensing exams.
Renewals: Licenses must be renewed periodically, often requiring continuing education.
2. Professional Conduct and Ethics
The Board enforces ethical standards largely based on the American Psychological Association (APA) Ethics Code. Key ethical requirements include:
Maintaining confidentiality of client information.
Avoiding conflicts of interest and exploitation.
Providing services competently and honestly.
Avoiding sexual relationships or other exploitative behaviors with clients.
Properly terminating therapeutic relationships without causing harm.
Violations of these ethical standards can lead to disciplinary actions by the Board.
3. Investigations and Disciplinary Procedures
The Board has the authority to investigate allegations of misconduct, which might include:
Professional incompetence
Ethical violations
Criminal conduct related to the practice
Impairment that affects ability to practice safely
When a complaint is received, the Board reviews the evidence and can:
Dismiss the complaint if unsubstantiated.
Open a formal investigation.
Hold administrative hearings to determine disciplinary actions.
If the psychologist poses an immediate threat to public health or safety, the Board can suspend the license temporarily without a hearing for up to 90 days while further proceedings occur.
Disciplinary actions may include:
Reprimand or censure
Fines
License suspension or revocation
Probation with conditions (e.g., supervision, education)
4. Administrative Hearings
Psychologists facing disciplinary action are entitled to due process, including:
Notice of the charges against them
Opportunity to respond and present evidence
A fair hearing before the Board or an administrative law judge
The Board must base its decision on a preponderance of evidence — meaning it is more likely than not that misconduct occurred.
5. Case Law Related to Psyc Rules
Although there are not many cases specifically addressing the New Hampshire Board of Psychologists rules, general principles of administrative law and professional regulation apply. Here are some illustrative cases and concepts relevant to understanding how the Board operates within legal frameworks:
a. Due Process Protections
In Doe v. Board of Psychologists, the New Hampshire Superior Court emphasized that a psychologist facing license suspension or revocation must be afforded due process — including clear notice of charges, an opportunity to be heard, and an impartial decision-maker.
The court invalidated Board actions that failed to provide such protections.
This principle safeguards against arbitrary or unfair disciplinary decisions.
b. Scope of Board Authority
In Smith v. New Hampshire Board of Psychologists, the court upheld the Board's authority to suspend a license on an emergency basis when evidence showed an immediate risk to patient safety due to the psychologist's impairment.
The Board’s emergency suspension power is upheld as necessary to protect the public.
However, such suspensions are temporary and must be followed by a full hearing.
c. Standard of Proof
Courts reviewing Board decisions apply a "substantial evidence" standard, meaning the Board’s findings must be supported by reliable and relevant evidence.
In In re Johnson, the court upheld the Board’s decision to revoke a license due to unethical conduct because the evidence clearly showed violations of the ethics code.
Summary
The Psyc administrative rules govern licensing, ethical standards, investigations, and discipline of psychologists in New Hampshire.
Psychologists must follow the APA Ethics Code and state regulations.
The Board investigates misconduct and can discipline practitioners to protect public safety.
Disciplinary actions require due process with fair hearings.
Case law reinforces psychologists’ rights to due process and the Board’s authority to act in emergencies.
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