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Looks like the Division of Registration, Board of Registration
of Psychologists actually does care about the truth. This is the
result of my complaint (see .77) filed with the Board, PY-95-020
(PY-96-020 is someone else's complaint). The psychologist and I
were both interviewed in Boston at a conference of half the members
of the Board.
I have deleted the name and license number of the psychologist since
my purpose is to let you know there is recourse should a psychologist
lack ethics and be willing to put his or her thumb on the scales of
justice (for what personal gain we can only speculate). Note that
per provision 9 (below) this Consent Agreement is a "public document".
If any of you (male or female) run into this kind of thing I
encourage you to contact the Division of Registration, Board of
Registration of Psychology at (617)727-9925.
Dave
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COMMONWEALTH OF MASSACHUSETTS
SUFFOLK COUNTY BOARD OF REGISTRATION
OF PSYCHOLOGISTS
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) DOCKET NO. PY-95-020
IN THE MATTER OF ) PY-96-020
<deleted>, Psy.D. )
License No. <deleted> )
)
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CONSENT AGREEMENT
The Board of Registration of Psychologists ("Board") and
<deleted>, Psy.D. ("Licensee"), License No. <deleted>, do hereby
stipulate and agree that the following information will be entered
into and become a permanent part of the record of the Licensee which
is maintained by the Board:
1. The Licensee states that she voluntarily enters into the
Consent Agreement ("Agreement") in resolution of Complaint
Docket Nos. PY-95-020, and PY-96-020;
2. The Licensee acknowledges that in her interactions with the
complainants in Complaint Docket No. PY-95-020 and PY-96-020,
she failed to adequately establish clear and appropriate pro-
fessional relationship structures at the outset of her evaluations
and therapy, in violation of Ethical Standard 2.01 of the
"Ethical Principles of Psychologists and Code of Conduct" of the
American Psychological Association (APA), adopted by the Board
at 251 CMR 3.10. The Licensee further acknowledges, with regard
to Complaint DOcket No. PY-95-020, that some of the statements
that she included in her evaluation letter dated September 12,
1994, regarding the complainant, did not conform to the
professional standards of Ethical Standard 2;
3. The Licensee hereby acknowledges and agrees that her license
to practice as a psychologist shall be hereby placed on
PROBATION for a two year period (the Probation Period),
commencing on the date of Licensee's initial meeting with her
Board-approved supervisor, as set forth below;
4. The Licensee shall be required to complete ten continuing
education credits in Board-approved courses offered by APA-
approved sponsors focusing on ethical issues in the practice of
psychology, which courses shall be "in addition to" the
continuing education course requirements of 251 CMR 4.00 for
license renewal. Official documentation of the completion of the
courses required pursuant to this Agreement must be provided to
the Board not later than completion of the twelfth month of the
Probation Period;
5. The Licensee agrees to be supervised by a currently licensed
psychologist approved by the Board for the two year period
commencing on the date of the Licensee's initial meeting with her
Board approved supervisor. Licensee's Board-approved supervisor
must meet with the Licensee on a weekly basis for the initial
twelve month period and be-weekly for the second twelve months of
the Probation Period, if recommended by the supervisor. The
supervisor must provide quarterly written reports to the Board
throughout the Probation Period. The supervision shall focus
on boundaries, therapeutic role, confidentiality and general
ethical issues in the practice of psychology. The Licensee shall
be responsible for ensuring that her supervising psychologist
submits quarterly reports to the Board throughout the Probation
Period. The supervisory reports shall provide information
regarding the ongoing supervisory relationship, the supervision
provided, and the issues addressed therein. The initial
supervisory report must include the supervisor's evaluation of the
Licensee's competence to practice without supervision;
6. The Licensee and her Board-approved supervisor shall be
required to personally appear before the Board or a subcommittee
of its members prior to the commencement of the Probation Period.
The Licensee and her Board-approved supervisor may also be
required to appear before the Board during the last month of the
Probation Period to discuss termination of the probationary
status of her license and the supervision requirements. It shall
be the responsibility of the Licensee to schedule such
appearances before the Board. The Board will notify the
Licensee of its decision to terminate or extend the Probation
Period or otherwise modify supervision requirements following her
appearance before the Board;
7. The Licenses understands and agrees that, during the first
twelve months of the Probation Period, she shall engage in weekly
individual counseling sessions with a Board-approved therapist.
During the second twelve months of the Probation Period, the
therapy shall be at a frequency recommended by the therapist.
The scope of the Licensee's therapy shall include the issues
presented by Complaint Docket Nos. PY-95-020 and PY-96-020.
Licensee's therapist shall be required to submit quarterly
reports to the Board, the first report to be submitted within
three months of hte Board's execution of this Agreement.
Licensee's therapist shall be required to appear before the Board
prior to the commencement of the Probation Period and at any other
time during the Probation Period, as requested by the Board.
During the last month of the Probation Period, Licensee's therapist
shall be required to submit a final report evaluation the
Licensee's fitness to practice psychology without supervision.
Licensee acknowledges and agrees that the Board shall have
approval authority over any subsequent therapist identified by
Licensee during the Probation Period;
8. The Licensee understands that her action in entering into
this Consent Agreement is a final act and not subject to
reconsideration or judicial review;
9. The Licensee understands and agrees that this Consent
Agreement is a "public record", within the meaning of G.L.c.4,
S.7, and, as such, subject to public disclosure by the Board;
10. The Licensee states that she has used legal counsel in
conneciton with her decision to enter into this Consent
Agreement and if she has not used legal counsel, her decision
to enter into this Consent Agreement was made of her own free
will;
11. The Board agrees that in return for the Licensee entering
into this Consent Agreement, the Board will no prosecute before
itself or any court the issues regarding the Licensee's
conduct, as described in the above-referenced complaints;
12. The Licensee acknowledges and agrees that her failure to
satisfy the terms of this Consent Agreement shall nullify the
representations contained in Paragraph 12 and permit the Board to
initiate formal adjudicatory action, pursuant to the State
Administrative Procedure Act (G.L.c.30A) and 801 CMS 1.00 et
seq., and consider her conduct as described in the above-referenced
complaint in determining sanctions; and
13. The Licensee certifies that she has read this document
titled "Consent Agreement." The Licensee understands that she
has the right to a formal adjudicatory hearing concerning this
matter and that at said hearing she would possess the rights to
confront and cross-examine witnesses, to call witnesses, to
present evidence, to testify on her own behalf, to contest that
allegations, to oral orgument, to appeal to the courts, and all
other rights set forth in the State Administrative Procedure
Act (G.L.c.30A), and 801 CMR 1.00 et seq. The Licensee states
that she further understands that in executing this document
entitled "Consent Agreement" she is knowingly and voluntarily
waiving her right to a formal hearing and to all of the above-
listed rights attendant thereto.
--------------------- --------------------------
WITNESS <deleted>, Psy. D.
LICENSEE
Date: 2/14/97
BOARD OF REGISTRATION
OF PSYCHOLOGISTS
--------------------------
Robert G. Coutu, Ph.D.
Chair
Date: 2/12/97
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It's a satisfying development, but only one puzzle piece of the
whole picture.
This child psychologist was getting a lot of business along these
lines (especially from a certain law firm per reports I've had --
guess which one; gee, you don't suppose this would have anything
to do with money do you?).
The psychologist will presumably have to appear more ethical for the
two years he/she is forced into board-approved supervision, therapy,
and ethics courses. After that, providing he/she has learned to "play
the game" more discretely, who knows (I also filed a complaint against
another psychologist who clearly had an agenda, but one who was really
good at "perceptions" -- having worked a lot with the courts -- and
whose ethical violations were less crude; that one got away). So, as
long as "perceptions" are appropriate what is to stop him/her from
doing whatever his/her agenda dictates (in the family law legal
environment in this state I believe you only have much risk if you are
really blatant). If this sounds cynical I should tell you I don't
believe it is -- I believe it's a neutral view conditioned by
experience. At least this psychologist will not be shafting others
for the 2 years he's/she's on probation.
In terms of my situation, I've been told by a senior attorney (who
thought this psychologist's license should have been terminated
based on cases with him/her) that it probably wouldn't get me the
time back I lost with my daughter as the result of the psychologist's
dishonest letter. Surprized? This attorney thought I should sue for
Personal Injury. He/she is on a board that evaluates proposed new
law in the family law area for the state house. He/she was highly
knowledgeable of the current divorce legal culture and SUPPORTED it.
Anyway, I have yet to explore the question with my legal "groupies"
(my daughter's attorney -- who she hasn't seen or talked to for
several years -- and the GAL -- who never "intervenes" since he/she
was never needed in the first place, but was just assigned to help
play the "preceptions" game; It's like a baseball game where the hitter
swings at the nonexistant pitch, pretends it's a home run, runs the
bases, and all the other players and umpires pretend as well --
imagine how bizarre that seems to the fan -- me; Of course, very few of
the other fans seem to be doing anything; Maybe they are convinced
they are seeing the ball, maybe they don't think they see it, but since
everyone else does they figure they must be wrong; Maybe they think
they don't see it, but are confused because no one else is speaking
up and don't know what to do; Maybe they're sure they don't see it,
but don't want to get in "trouble" with the other fans; Or, maybe
they're alsolutely convinced they don't see it, and they say something
-- nah, only crackpots disagree with the majority.
All in all, I'd say they've gotten away with it so far (soon to be
playing in a divorce near you, or, perhaps, yours) ... Much more
needs to happen.
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