APA and ASPPB Model Act Provisions: Application Fraud and Good Moral Character By Alex Siegel, JD, PhD

1. APA and ASPPB Model Act
Provisions: Application Fraud and
Good Moral Character
Alex M. Siegel, J.D., Ph.D.
ASPPB Midwinter Meeting
Orlando, Florida
April 8, 2011

2. ASPPB MODEL ACT
• VI. REQUIREMENT FOR LICENSURE
• A. AN APPLICANT FOR LICENSURE SHALL BE
AT LEAST 21 YEARS OF AGE AND OF GOOD
MORAL CHARACTER. (GMC)

3. • XII. GROUNDS FOR DENIAL, SUSPENSION OR
REVOCATION OF LICENSES AND OTHER
DISCIPLINARY SANCTIONS
• A. FRAUD IN APPLYING FOR OR PROCURING A
LICENSE TO PRACTICE PSYCHOLOGY;

4. APA MODEL ACT
• D. REQUIREMENTS FOR LICENSURE
• 2. …Applicants shall be required to show
evidence of good character, e.g., that they
have not been convicted of a criminal offense
that bears directly on the fitness of the
individual to be licensed.

5. • K. The Board shall have the power and duty to suspend,
place on probation, or require remediation for any
psychologist for a specified time, to be determined at
the discretion of the Board, or to revoke any license to
practice psychology 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 has engaged in any of the
following acts or offenses:
• 1. fraud in applying for or procuring a license to
practice psychology;

6. • L. BOARD HEARING AND INVESTIGATIONS
• 2. The following are exceptions to the
limitations period in paragraph (1):
• a. acts or offenses involving a violation of
Sections K(1),… ;

7. • THANK YOU VERY MUCH
• ANY QUESTIONS

8. Moral Character
• Pertaining to behavior from a point of view of
right and wrong
• Of pertaining to the science or doctrine of
human nature as fitted for conduct
• Capable of understanding the difference
between right and wrong
• (Webster Dictionary)

9. MORAL CHARACTER
• Pertaining or relating to the conscience or
moral sense or of the general principle of right
conduct
• (BLACK’S LAW Dictionary)

10. Know the Difference Between Right
and Wrong
• Philosophically- Stanford Encyclopedia
• aesthetics, cynicism, causationism, stoicism
• Biblical, Greeks, Kant, Hume, Mills, Rawls
• Legally – insanity standard
• Cognitively- knowing or understanding
• Morally- collective or individual
• Ethically- look to APA or CPA ethics code
• Culturally-does it change depending on culture
• Psychologically- Milgram studies: buzzer, dime

11. Aristotle’s definition of virtuous or
moral character
• Excellence of character, then, is a state
concerned with choice, lying in a mean
relative to us, this being determined by reason
and in a way in which the man of practical
wisdom would determine it. Now it is a mean
between two vices, that which depends on
excess and that which depends on defect.

12. Psychology WIKI
• The evaluation of a particular individual’s
durable moral qualities.
• Existence or lack of virtues such as integrity,
courage, fortitude, honesty, and loyalty or
good behaviors or habits

13. • Psychologist Lawrence Pervin defines moral
character as “ a disposition to behave
expressing itself in consistent patterns of
functioning across a range of situations.”
• (Pervin 1994, p.108)

14. Is Moral Character like Obscenity
• US Supreme Court Justice Potter Stewart said
in 1964
"I shall not today attempt further to define the
kinds of material I understand to be embraced
within that shorthand description; and
perhaps I could never succeed in intelligibly
doing so. But I know it when I see it…”
• (Jacobellis v. Ohio (1964)

15. LOOK TO THE JURISDICTIONS
• WHAT DO YOU SAY ABOUT GOOD MORAL
CHARACTER?

16. HAWAII LICENSING LAW
• §465-7 Requirements for licensing. (a) Every applicant for a
license as a psychologist shall submit evidence satisfactory to the
board that the applicant meets the following requirements: (1)
The applicant for licensure shall possess a doctoral degree from:
(A) An American Psychological Association approved program in
clinical psychology; or (B) A professional psychology training
program, awarded by an institution of higher education, or from a
regionally accredited institution; (2) The applicant for licensure
shall demonstrate that the applicant has completed one year of
post doctoral supervised experience in health service in
psychology, and: (A) An internship approved by the American
Psychological Association; or (B) One year of supervised
experience in health service in psychology in an internship or
residency program in an organized health service training
program;
• [DOES NOT MENTION MORAL CHARACTER AS A REQUIREMENT]

17. NEWFOUNDLAND AND LABRADOR
• Registration as a fully registered psychologist in
the province of Newfoundland and Labrador
requires successful completion of the following:
• a) (See Foundational Knowledge);
• b) (See Graduate Competencies);
• c) supervised experience
• d) Successful completion of EPPP;
• e) Professional Liability Insurance;
• f) Certificate of Conduct;
• g) Payment of fees

18. Pennsylvania Licensing Law
• Section 6. Qualifications for License
• (a) An applicant shall be qualified for a license
to practice psychology after submission of
proof satisfactory to the board that the
applicant:
• (1) is of acceptable moral character

19. IDAHO LICENSING LAW
• 54-2307.QUALIFICATIONS FOR LICENSE --
APPLICANTS FOR WHOM AN EXAMINATION
MAY BE REQUIRED.
• An applicant shall be qualified for a license to
practice psychology provided proof
satisfactory to the board has been received
showing:
• (1) Acceptable moral character; and

20. BRITISH COLUMBIA REGISTRATION
• 44. QUALIFICATION FOR REGISTRATION
• (1) an applicant for registration must
• (c) have good character and be fit to practice
psychology

21. GEORGIA LICENSING LAW
• (b) A candidate for such license shall furnish
the board with satisfactory evidence that the
candidate:
• (1) Is of good moral character;

22. MAINE LICENSING LAW
• §3831. Licensure; qualifications
• 2. Psychologist.
• A candidate for this license shall furnish the
board with satisfactory evidence that the
candidate is trustworthy and competent to
practice as a psychologist in such manner as
to safeguard the interest of the public;

23. MAINE GAMBLING CONTROL BOARD
• In determining whether a person is of good
moral character, the board shall consider
qualities that include but are not limited to
honesty, candor, trustworthiness, diligence,
reliability, observance of fiduciary and
financial responsibility and respect for the
rights of others.

24. MASSACHUSETTS PSYCHOLOGY
• 3) 3.06: Endorsement Requirements(1) An
applicant for licensure shall obtain a
professional and ethical endorsement from
each of three individuals of recognized
standing in a psychological field. Endorsement
forms are included with Board application
forms.

25. MASS. REAL ESTATE
• GMC is Prerequisite for Licensure and licensure Renewal
• DETERMINATION OF GMC COMPLIANCE
• Each applicant must be “of good moral character” for the Board to
approve the applicant for licensure. The word “applicant” shall
hereinafter be used to mean any applicant for initial Massachusetts
licensure as a real estate salesperson or broker.
• Attributes of GMC
• The Board shall determine whether an applicant possesses the
GMC essential for the safe and competent practice as a real estate
agent by evaluating the applicant’s demonstrated honesty,
trustworthiness, integrity, accountability, reliability, ability to
distinguish between right and wrong and to observe the difference
between the two, avoidance of aggression to self and others, and
avoidance of injustice and deceit, among other relevant attributes.

26. • CASE BY CASE EVALUATION PROCESS FOR DETERMINATION OF GMC COMPLIANCE
• In each case where an applicant is not required to be permanently or temporarily excluded from
licensure under this Policy the Board will evaluate the applicant’s compliance with the GMC
requirement on a case by case basis in accordance with the process and factors enumerated as
follows:
• The Board will evaluate any conduct of the applicant that demonstrates an absence of the
necessary attributes of GMC as set forth above in this Policy to determine whether the
conduct:1) poses a threat to the public health, safety or welfare; 2) is of significance to the
provision of safe and competent services as a real estate agent; and 3) is characteristic of the
applicant’s conduct.
• In making its determination of an applicant’s compliance with the GMC requirement, the Board will
evaluate factors including, but not limited to:
• 1) the nature and seriousness of all conduct at issue, including any criminal conviction(s) or
disciplinary action(s) by a licensure authority, commission or board; 2) the sufficiency of the
applicant’s sustained rehabilitation; 3) the applicant’s age at the time all conduct at issue
occurred; 4) the frequency of occurrence of all conduct at issue; 5) the recency of all conduct at
issue; 6) any mitigating or aggravating circumstances related to the conduct; and 7) the
applicant’s acknowledgment of her or his accountability for her or his conduct and recognition of its
significance to licensure as a real estate agent.

27. CALIFORNIA LICENSE LAW
• A Candidate for such license shall furnish the
board with satisfactory evidence that the
candidate:
• (1) is of good moral character

28. • ATTESTATIONS OF GOOD MORAL CHARACTER
NOT REQUIRED
• No person applying for licensure under this
code shall be required to submit to any
licensing board any attestation by other
persons to his good moral character

29. Grounds of Denial of License § 475.
(a) Notwithstanding any other provisions of this code, the
provisions of this division shall govern the denial of
licenses on the grounds of:
(1)Knowingly making a false statement of material fact, or
knowingly omitting to state a material fact, in an
application for a license.
(2)Conviction of a crime
(3)Commission of any act involving dishonesty, fraud or
deceit with the intent to substantially benefit himself…
(c) A license shall not be denied, suspended, or revoked on
the grounds of a lack of good moral character or any
similar ground relating to an applicant’s character,
reputation, personality, or habits.

30. • Most jurisdictions (around 40) will apply or
infer the grounds for disciplinary action to
revoke or suspend a license to apply to
denying an applicant a license on the basis of
lack of unprofessional behavior or lack of good
moral character.

31. • About 35 jurisdiction have a requirement of
good moral character before one can become
licensed.
• Most do not define it.
• Some defined it in others regulations/ state
laws or in case law.

32. ARIZONA LICENSE LAW
• Section 32-2091.02 Qualification of Applicant
• 3. Be of good moral character. The board’s
standard to determine good moral character
shall not violate federal discrimination laws.

33. INDIANA LICENSING LAW
• IC 25-33-1-5.1 Issuance of license;
• (a) Except as provided in section 5.3 of this
chapter, the board shall issue a license to an
individual who meets the following
requirements:
• (2) Is at least eighteen (18) years of age.
• (3) Has not been convicted of a crime that has
a direct bearing upon the applicant's ability to
practice competently.

34. Are GMC Requirements Defensible?
• In order to protect the safety, health and
general welfare of its citizens, jurisdictions
have right to require licensed/registered
psychologists and applicants for licensure to
be held to a high moral and ethical standard.
• Schware v. Board of Examiners of New Mexico

35. • In Abrahamson v. Illinois Department of
Professional Regulation (1991) the Illinois
Supreme Court ruled the requirement that an
applicant for a medical license be of good
moral character was not unconstitutional
vague and could be broadly defined to include
evidence of honesty, fairness and respect for
the rights of others and the law.

36. Abrahamson
• Court held that the requirement of GMC was
of no lesser importance than any other
requirement for licensure

37. • Vermont Supreme Court upheld the actions of
the Vermont Psychology Board when it denied
a license to an applicant who falsified his
academic credentials saying the applicant was
morally unfit to practice.
• Applicant challenged moral fitness as overly
ambiguous and thus unenforceable
• Brady v. Barasch 1990

38. Pennsylvania Bethea-Tumani case
• In Pennsylvania, Commonwealth Court agreed
with the nursing board decision to deny a license
to an applicant nurse based on her;
14 year old felony aggravated assault conviction,
there is no per se rule that a conviction that
remote could not be considered
If the board erred on relying on that conviction
there was sufficient evidence to support a denial
based on her recent misdemeanor insurance
fraud and conspiracy convictions

39. • Most recent charge related to honesty and
bad judgment supporting lack of GMC
• The Board was not required to hear live
testimony in order to make a credibility
determinations and ascertain whether
applicant possessed the requisite good
character for licensure, but was permitted to
review record of proceedings provided to it.
• Bethea-Tumani v. BPOA 2010

40. Pennsylvania AKE case
• Board of Accountancy revocation of
accountant’s CPA and license to practice
public accounting in PA, due to the
accountant’s criminal harassment conviction
in another state was not justified since nearly
7 years had elapsed between accountant’s
offending conduct and his application to
reactivate his CPA credentials, his conduct was
limited to a two period, he had not engaged in
similar conduct since his arrest and

41. • His offending conduct did not relate to any of
the offending character qualities that the
legislature identified as central to holding a
CPA certificate, i.e., honesty, integrity and
being able to practice accounting in a non-
negligent manner and accountant was
rehabilitated.

42. Papadakis et al Study (NEJM 2005)
Investigated the association of disciplinary
action against physicians who were disciplined
by a state medical board with prior
unprofessional behavior in medical school
Found disciplinary action taken by against
physicians was associated with unprofessional
behavior when the physicians were students

43. Unprofessional Behavior
• Irresponsibility
• Diminished Capacity for Self Improvement
• Poor Initiative
• Impaired Relationships with Students and
Faculty
• Impaired relationship with nurses

44. • Physicians who disciplined by State Medical
Boards 3 times as likely to have displayed
unprofessional behavior in medical school
than the control group.

45. Kelly and Crevette (2005)
• Applicants for nursing license with prior
convictions were no more likely to be
disciplined by a state board than applicants
without prior convictions

46. NEBRASKA LICENSING LAW
• Misdemeanor or felony conviction or discipline
• If you had a misdemeanor or felony conviction (other than a minor
traffic violation) or had your license in any health care profession in
another state revoked, suspended, limited or disciplined in any manner,
you must request the following documents be sent directly to this office:
• Official Court Record, which includes charges and disposition; If the
conviction involved a drug and/or alcohol related offense, all
addiction/mental health evaluations and proof of treatment (if
treatment was obtained and/or required);
• If you are currently on probation, a letter from your probation officer
addressing probationary conditions and your current status;
• And If your license in health care in another state has been revoked,
suspended, limited or disciplined in any way, an official copy of the
disciplinary action, including charges and disposition.

47. • When trying to evaluate past criminal
convictions look to
• Circumstance of offense
• Repeated conduct
• Age at time of conviction
• Length of time since conviction
• Restitution
• Evidence of rehabilitation

48. How do applicants prove they have
GMC
• By attesting to it, “I have GMC.” “I am honest!”
• By not having any criminal convictions
• By not having child abuse reportable offenses
• By any having any infractions which would fall
under grounds for disciplinary action by the
board
• By having others attest to it on your behalf
• By having supervisors and other psychologist
comment on your GMC and fitness for practice

49. Applicant or supervisor answer
questions about the applicant’s GMC
• Suitability or competency to practice psychology
• Reprimanded, dismissed, asked to leave, terminated
during any education or training
• Barred from applying or denied registration or
licensure
• Any unresolved complaints against you
• Any malpractice actions
• Defendant in a civil proceeding in which negligence is
alleged
• Plead guilty, convicted or plead nolo contendere to any
criminal convictions; felonies or misdemeanors

50. • Pre-existing or current physical or mental
conditions which would impair functioning as a
psychologist
• Any conviction of child abuse/ able to get child
clearance
• Any thing which touches on applicant’s character,
conduct or reputation which would interfere with
the applicant ability to function as a psychologist
• Any restrictions placed on applicant during
training

51. GOOD MORAL CHARACTER
• Rational connection to individual’s character and the
practice of psychology
• Rationally related to protecting the public-due process
• Honesty
• Fairness
• Integrity
• Ethical
• Fit to Practice
• No prior Criminal Convictions or Moral Turpitude
• Respect for the rights of others