Disclosure of Qualifications, Definitions of Unprofessional Conduct, and Vermont Complaint Process
Vermont Forensic Assessment, PLLC is an affiliation of professionals specializing in forensic psychology and related services, located in Shelburne, Vermont. We are licensed psychologists, doctoral clinicians, license-track professionals, and clinical psychology interns serving clients throughout Vermont.
Thomas Powell, Ph.D. is a licensed psychologist-doctorate who specializes in adult and adolescent evaluation and treatment services. He prepares forensic evaluations for attorneys and other criminal justice system clients. He received his bachelors degree from the University of Virginia, masters in clinical psychology from St. Michael's College, and Ph.D. in clinical psychology from the University of Vermont. His past employment includes director of the graduate forensic psychology program at Castleton State College, clinical director for the Vermont Department of Corrections, clinical psychologist in private practice, and probation and parole officer in Burlington, Vt. He continues to supervise interns and conduct research in areas of offender risk assessment and evidence-based treatment. He is an adjunct assistant professor of psychology at the University of Vermont.
John Holt, Ph.D. is a doctoral clinician with extensive experience working with adolescents and adults in the criminal justice system. He participates in the preparation of forensic evaluations for attorneys and other criminal justice system clients. He received his bachelors degree and Ph.D. from the University of Vermont. He has worked in numerous capacities throughout the juvenile and adult justice systems including management of the Department of Corrections' mental health operations, provision of offender treatment services, evaluation of juveniles in state detention, drug and alcohol assessment, and consultation to justice agencies. He has published on topics including the prevalence of mental illness among prisoners, trauma, and the benefits of offender work programs.
Claire Gilligan, Psy.D. is a psychologist-in-training who has participated in the preparation of forensic and clinical evaluations in a private practice setting, juvenile detention and rehabilitation center, and academic psychology clinic. She received her bachelors degree from the University of Vermont where she received the John Dewey award for excellence in psychology. She has published in the area of trauma. She completed her doctoral studies at Antioch College of New England and is on a psychologist license-track in Vermont.
Victoria Marini, B.A. is an advanced clinical psychology doctoral graduate student at the University of Vermont. She has worked in adult and adolescent treatment programs, including the Woodside Treatment Facility, and conducted extensive psychological evaluations. She received her bachelors' degree from Villanova University.
Unprofessional Conduct
Unprofessional conduct refers to conduct listed in this section 3013 of Title 26 and in section 129a of Title 26 of Vermont Statutes Annotated:
- Failing to make available, upon written request of a person using psychological services to succeeding health care professionals or institutions, copies of that person's records in the possession or under the control of the licensee.
- Failing to use a complete title in professional activity.
- Conduct which evidences moral unfitness to practice psychology.
- Engaging in any sexual conduct with a client, or with the immediate family member of a client, with whom the licensee has had a professional relationship within the previous two years.
- Harassing, intimidating, or abusing a client or patient.
- Entering into an additional relationship with a client, supervisee, research participant or student that might impair the psychologist's objectivity or otherwise interfere with the psychologist's professional obligations.
- Practicing outside or beyond a psychologist's area of training or competence without appropriate supervision.
- Notwithstanding the provisions of 3 V.S.A. § 129a(a)(10), in the course of practice, failure to use and exercise that degree of care, skill and proficiency which is commonly exercised by the ordinary skillful, careful and prudent psychologist engaged in similar practice under the same or similar conditions, whether or not actual injury to a client or patient has occurred.
- Conduct which violates the "Ethical Principles of Psychologists and Code of Conduct" of the American Psychological Association, effective December 1, 1992, or its successor principles and code.
- Conduct which violates the ASPPB Code of Conduct-1990 of the Association of State and Provincial Psychology Boards ot its successor code.
- Fraudulent or deceptive procurement or use of a license.
- Advertising that is intended or has a tendency to deceive.
- Failing to comply with provisions of federal or state statutes or rules governing the practice of the profession.
- Failing to comply with an order of the board or violating any term or condition of a license restricted by the board.
- Practicing the profession when medically or psychologically unfit to do so.
- Delegating professional responsibilities to a person whom the licensed professional knows, or has reason to know, is not qualified by training, experience, education or licensing credentials to perform them.
- Willfully making or filing false reports or records in the practice of the profession; willfully impeding or obstructing the proper making or filing of reports or records or willfully failing to file the proper reports or records.
- Failing to make available promptly to a person using professional health care services, that person's representative, succeeding health care professionals or institutions, upon written request and direction of the person using professional health care services, copies of that person's records in the possession or under the control of the licensed practitioner.
- Failing to retain client records for a period of seven years, unless laws specific to the profession allow for a shorter retention period. When other laws or agency rules require retention for a longer period of time, the longer retention period shall apply.
- Conviction of a crime related to the practice of the profession or conviction of a felony, whether or not related to the practice of the profession.
- Failing to report to the office a conviction of any felony or any offense related to the practice of the profession in a Vermont district court, a Vermont superior court, a federal court, or a court outside Vermont within 30 days.
- Exercising undue influence on or taking improper advantage of a person using professional services, or promoting the sale of services or goods in a manner which exploits a person for the financial gain of the practitioner or a third party.
- Performing treatments or providing services which the licensee is not qualified to perform or which are beyond the scope of the licensee's education, training, capabilities, experience, or scope of practice.
- Failing to report to the office within 30 days a change of name or address.
- Failing to exercise independent professional judgment in the performance of licensed activities when that judgment is necessary to avoid action repugnant to the obligations of the profession.
- Failure to practice competently by reason of any cause on a single occasion or on multiple occasions may constitute unprofessional conduct, whether actual injury to a client, patient, or customer has occurred. Failure to practice competently includes:
- performance of unsafe or unacceptable patient or client care; or
- failure to conform to the essential standards of acceptable and prevailing practice.
- The burden of proof in a disciplinary action shall be on the state to show by a preponderance of the evidence that the person has engaged in unprofessional conduct.