North Dakota Administrative Code Title 66 - Psychologist Examiners, Board of

Background

NDAC Title 66 regulates:

Licensing of psychologists

Standards of practice and professional conduct

Continuing education and supervision

Disciplinary actions for violations

Examination and renewal procedures

The Board of Psychologist Examiners ensures public protection by enforcing these rules.

Case 1: Practicing Without a License

Issue

An individual provided psychological services without being licensed in North Dakota.

Facts

Conducted therapy sessions and billed clients.

Held a license in another state but had not obtained North Dakota licensure.

Advertising included “licensed psychologist” titles.

Rules Applied

NDAC 66-03-01-01 – License required to practice

NDAC 66-03-01-05 – Misrepresentation of license status prohibited

Board’s Analysis

Practicing without a license is a direct violation of ND law.

Misrepresentation exacerbates the violation.

Protecting clients from unqualified providers is the primary concern.

Outcome

Cease-and-desist order issued

Fine imposed

Individual barred from applying for North Dakota licensure for a defined period

Key Lesson

Licensure in another state does not authorize practice in North Dakota.

Case 2: Breach of Confidentiality

Issue

A licensed psychologist disclosed client information without consent.

Facts

Shared case details with colleagues outside of professional consultation context.

Did not obtain written consent from the client.

Rules Applied

NDAC 66-03-02-03 – Confidentiality requirements

NDAC 66-03-02-05 – Ethical obligations of licensees

Board’s Analysis

Confidentiality is foundational to the client-therapist relationship.

Unauthorized disclosure constitutes professional misconduct.

Outcome

Formal reprimand issued

Mandatory ethics training

Probationary monitoring of client records

Key Lesson

Client confidentiality is non-negotiable, and breaches are disciplined seriously.

Case 3: Sexual Misconduct with a Client

Issue

Psychologist engaged in sexual contact with a client.

Facts

Therapy sessions included inappropriate physical contact.

Multiple complaints were filed by clients.

Rules Applied

NDAC 66-03-02-06 – Sexual misconduct prohibited

NDAC 66-03-02-01 – General ethical standards

Board’s Analysis

Sexual relationships with current clients are strictly forbidden.

Such conduct violates trust, professional boundaries, and public safety.

Outcome

License revoked

Notification to national psychology licensure database

Permanent prohibition on practice in North Dakota

Key Lesson

Sexual misconduct results in immediate and severe disciplinary action.

Case 4: Inadequate Supervision of Interns

Issue

Licensed psychologist failed to properly supervise psychology interns.

Facts

Interns provided therapy without proper oversight.

Supervising psychologist rarely reviewed client cases.

Rules Applied

NDAC 66-03-03-02 – Supervision requirements

NDAC 66-03-03-05 – Responsibilities of licensed supervisors

Board’s Analysis

Supervisors are responsible for all work performed under their oversight.

Lack of supervision jeopardizes client safety and professional standards.

Outcome

Probation with mandatory supervision training

Required submission of supervision logs for six months

Warning regarding future violations

Key Lesson

Supervision is an active duty, not a passive label.

Case 5: Failure to Maintain Proper Records

Issue

Psychologist failed to document client sessions accurately.

Facts

Client files were incomplete or missing.

Inconsistent record-keeping led to difficulty verifying services provided.

Rules Applied

NDAC 66-03-02-07 – Record-keeping standards

NDAC 66-03-02-01 – Ethical standards and accountability

Board’s Analysis

Accurate records are required for accountability and continuity of care.

Poor documentation can result in unsafe practice and liability issues.

Outcome

Reprimand issued

Mandatory training in record-keeping

Follow-up audit scheduled

Key Lesson

Proper documentation is essential for ethical and legal practice.

Case 6: Misrepresentation of Credentials

Issue

Psychologist exaggerated qualifications on resumes and marketing materials.

Facts

Claimed doctoral degrees from non-accredited programs.

Listed certifications not earned.

Rules Applied

NDAC 66-03-02-04 – Misrepresentation prohibited

NDAC 66-03-02-01 – Ethical obligations

Board’s Analysis

Public relies on accurate credential information.

Misrepresentation undermines trust and violates professional ethics.

Outcome

Fine imposed

Correction of all public materials

Ethics course mandated

Key Lesson

Accuracy in advertising and credentials is mandatory.

Case 7: Boundary Violations with Colleagues

Issue

Psychologist harassed or coerced staff or interns.

Facts

Created hostile work environment in clinic

Used professional authority to intimidate subordinates

Rules Applied

NDAC 66-03-02-01 – Ethical obligations and professional conduct

NDAC 66-03-03-03 – Supervisor responsibilities

Board’s Analysis

Board emphasizes both client and colleague safety.

Abuse of professional authority is a violation even outside client care.

Outcome

Formal reprimand

Probation with monitoring of workplace conduct

Required professional development on ethics and workplace behavior

Key Lesson

Professional ethics extend beyond client interactions to colleagues and trainees.

Overall Themes from NDAC Title 66 Cases

Licensure is mandatory for practice in North Dakota.

Ethical behavior (confidentiality, boundaries, honesty) is non-negotiable.

Supervision and record-keeping are critical responsibilities.

Violations can range from fines and reprimands to license revocation, depending on severity.

Public protection is the Board’s top priority, and disciplinary measures reflect risk to clients and trust.

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