The road to acquiring your professional license involves completing relevant educational programs and paying associated fees. Additionally, maintaining the license requires adhering to strict board regulations and code of ethics, and you could lose your license due to an allegation of misconduct. You can fight for your career with the assistance of the San Luis Obispo License Attorney. Our team is well-versed in disciplinary regulations and procedures, and can analyze the circumstances surrounding your case to develop a viable defense strategy. We can also keep you updated on the progress of your case and answer any questions you may have.
The Responsibilities of Psychologists
Psychologists assist individuals suffering from emotional and mental health conditions. They also help patients experiencing different addictions restore their optimal mental functions and wellness.
Psychologists also assist with forensic investigations to resolve complex criminal cases. The investigative procedure involves examining or interviewing defendants to ascertain if they are fit to stand trial.
Here are some mental disorders psychologists address:
- Anxiety
- Depression
- Addiction
- Bipolar disorder
- Schizopea
- Eating disorder
They utilize scientific methods to establish patterns and predict the behaviors exhibited by their patients. The visible patterns influence prognoses about the future patient’s behavior and develop relevant solutions to gradually transform the patient’s conduct.
Board of Psychology
The licensing board regulates registered psychologists, psychological assistants, and licensed psychologists. To ensure patients or consumers are protected, the agency requires these professionals to complete a number of supervised hours, hold a doctorate degree, pass a national examination, and complete an ethics exam.
Your work as a psychologist can place you in scenarios where your professional license becomes vulnerable. Some patients may have unrealistic expectations, misunderstandings may occur, or an unintended error may lead to a patient filing a complaint or accusation against you with the board.
The accusation is a legal document that contains the alleged misconduct. The board receives reports of alleged misconduct from patients, your colleagues or other anonymous sources.
Common accusations filed against psychology licensees include the following:
- False advertising
- A criminal conviction
- Driving under the influence or substance abuse
- Fraudulent activities
- Engaging in negligent or unethical acts
- Using paid referral systems
- Sexual relationship with a minor
- Violating the confidentiality of patients
- Obtaining a psychology license fraudulently
- Offering services for which you are not licensed to
Once the board of psychology receives an accusation against your license, it considers whether the complaint is worth investigating. If so, it will notify you, and you must formally respond immediately or risk losing your license by default. You have just fifteen (15) days to file the notice of defense.
The results of the board’s investigations can be either disciplinary or non-disciplinary in nature.
Non-disciplinary outcomes are fully private and confidential, and cannot be disclosed to potential employers or clients. These outcomes include the following:
- Closure of case without any disciplinary action—This is the most probable outcome when substantiating proof is insufficient to warrant disciplinary measures against a licensee.
- Warning letter —The board of psychology can issue a warning letter for minor misconduct cases.
- Educational assessment —Assuming the board assumes you did not uphold its high standards or have significant concerns, but after a review, it finds there is insufficient proof to proceed. In this case, the board will request that you appear before it willingly, but you should do so only with your license defense lawyer present.
- Citation and fine —The board can impose a citation or fine if it determines that the violation is minor. An abatement order could also be part of the punishment, and you must stop certain activities.
Disciplinary measures include the following:
- Reproval letter—For minor offenses that did not cause actual injury to a patient, your lawyer can negotiate with the board for a reproval, avoiding a suspension or revocation. The board publishes the reproval report on its website, and you should pay the related costs.
- License probation—The board can impose probation for a specific period. You must adhere to the conditions of your probation. However, your attorney can negotiate for a lesser probation term and less severe probationary conditions.
- License suspension—If the board suspends your license, you must stop your psychology practice. During the suspension, the board could require you to complete a diversion program for substance abuse or mental health before it can lift the suspension.
- License revocation—A revocation is the harshest form of punishment, which the board reserves for severe cases. A revocation leads to the cancellation of your license indefinitely, but you are still allowed to petition for reinstatement after at least three years.
- License surrender—Under some circumstances, the board can request that you surrender your license once a formal complaint has been filed against you. You have to wait a minimum of three years before filing for reinstatement. Never surrender your psychology license without first consulting your attorney, because the odds of retaining your license might not be in your favor.
Note that a license reinstatement can be challenging after you surrender it, especially if there was an admission of guilt.
When to Hire a Lawyer
Here are reasons that warrant hiring a license lawyer:
Notice of Investigation
When you receive a notification of an ongoing investigation against your psychology license, it is the initial sign of potential disciplinary punishment. The reasons for the notice can include alleged unethical conduct or errors that resulted in injury to a patient. Some mistakes could be minor, while others may have severe consequences.
A skilled attorney can help you better understand the specific accusations you are facing and the potential consequences. The lawyer will also assist with collecting and compiling the required documentation and other proof that could support your defense while protecting your rights and interests.
Your attorney also manages communication with the board of psychology. Therefore, you do not have to fear saying something that might hurt your defense.
Allegations of Impairment or Substance Abuse
Accusations of impairment may derail your psychology career. The board takes allegations of this nature seriously because they can hinder a licensed psychologist from working safely and effectively.
If these issues are at play in your case, the attorney can assist you in understanding your voluntary rehab program options, which are better than receiving disciplinary punishment. They could negotiate with your board for a reduction or elimination of any punitive measures against your license if you show a dedication to recovery. They could also present the board with mitigating factors to help you keep practicing.
Criminal Arrests or Charges
As a psychologist, you are required to maintain a high standard of professionalism in your practice and off duty. Criminal offenses, even if unrelated to your work, could result in the board imposing disciplinary action against you. The board of psychology requires you to report any arrest or conviction to it within a specified timeframe.
If you are arrested on criminal charges, your lawyer can provide guidance on the best way to report the issue to the board, ensuring you comply with state requirements. The legal counsel can help you navigate the criminal justice system to avoid self-incrimination.
Workplace Complaints or Termination
Matters like conflicts of interest with your supervisors, allegations of insubordination, and employment termination may sometimes result in the filing of complaints with the California Board of Psychology. If your competence or behavior in the workplace is questioned, the board may investigate to determine whether disciplinary action is necessary.
When you are facing the board’s investigation, a defense lawyer provides invaluable help by guiding your responses to avert escalating the situation and compiling compelling evidence to counter any unfounded claims.
What to Do When Facing a Professional Disciplinary Process
If you are facing an accusation of professional misconduct, here are the different steps to take:
Take the Board’s Notice of Defense Seriously
Once you learn of a complaint against you, you must respond promptly. With the help of your attorney, carefully review the legal document to understand the accusations against your license better and adhere to applicable response deadlines.
Failing to respond promptly can lead to the board of psychology taking default action against your professional license.
Preserve Relevant Evidence
Save all records or documents relating to the accusation. Print copies for your attorney if you are lawfully allowed to do so. The more details you can provide to your lawyer, the more effectively they can assess your case and build your defense.
Avoid getting rid of any item, even documentation you deem could harm your disciplinary case. Destroying proof could result in hefty penalties.
Hire an Attorney
Here are some benefits of working with a lawyer:
- The counsel knows the regulations and rules governing the psychology profession and can use the knowledge to advise you on the next steps to take and prepare your defense.
- Your lawyer can protect your reputation by handling communication with the board and ensuring they present your case accurately and clearly.
- The attorney can guide you throughout the process.
- Hiring a lawyer allows you to focus on your career and comes with the added benefit of peace of mind.
Perform an Internal Audit or Review
Establish the circumstances that led to the accusation and whether it was a one-off or a pattern. Decide on the necessary corrective measures you will take to prevent incidents of that nature from happening.
Acting proactively demonstrates to the board that you are committed to safeguarding your patients.
Cooperate With Board While Avoiding Self-Incrimination
As a licensed psychologist, you are expected to cooperate with the board’s investigators. Nevertheless, exercise caution so as not to incriminate yourself when providing your account of what happened or responding to questions.
Consult your lawyer before presenting any documents or statements to the investigators. Your legal counsel will ensure your constitutional rights are protected.
Common Mistakes to Avoid During the Board’s Investigations
Missteps to avoid include the following:
Mismanaging Communications with the Licensing Board’s Investigators
You must exercise caution and be meticulous while engaging with investigators handling your case. The investigators can use whatever you say to them against you or take your statements out of context. Therefore, you must enlist an experienced license defense lawyer immediately. The attorney will guide you on what statements to make and what to avoid making to the investigators.
Trivializing the Complaint Against You
Even if you feel that the alleged complaint against you has no basis or merit, you should present a robust defense before the board. Once the board decides to initiate an investigation following a complaint against your license, it has already considered the matter and determined it warrants a comprehensive investigation.
Disclosing the Alleged Complaint to the Public
You may be resentful of the board’s investigation into your license or feel as if the board is deliberately targeting you. Gossiping or complaining to loved ones, friends, or colleagues can cause more damage. Although attorney-client privilege protects deliberations with your attorney, the same does not apply to discussions with other individuals. The board can call anyone to testify about statements relating to the case you have made to them.
Destroying Evidence
Destroying any proof related to the board’s investigation can make you appear guilty, which can worsen your legal situation. For example, the board can deem deleting your social media posts as destroying evidence.
If you retain your psychology license, attempting to conceal your previous mistakes could prevent the lawyer from building a strong case defense. If the board requests information, you must submit it, regardless of how incriminating it may be.
Taking Too Long to Hire a Defense Attorney
Delaying the enlistment of a lawyer or deciding to represent yourself in a license investigation can be a grave mistake. While many licensed psychologists assume they can manage things on their own, they do not have the experience and skills of a lawyer to fight the allegations.
Contact a Professional License Defense Lawyer Near Me
An accusation of professional misconduct can originate from different sources, including patients, employees, insurance companies, competitors, and colleagues. When the board receives a complaint, it can investigate the matter and initiate a disciplinary process. The competent legal team at San Luis Obispo License Attorney can help fight for your license case, livelihood, and career through wise counsel and meticulous preparations. We can also represent your interests before the board. Please call us at 805-764-9771 to schedule your free initial consultation.
