The quantity of time and education it takes before one becomes licensed as a psychologist is a significant accomplishment, and the likelihood of losing your license and career due to allegations of unprofessional conduct can be extremely stressful. A disciplinary action or investigation by the California Board of Psychology (BOP) can risk your livelihood and license. Even a lenient form of discipline, like a reprimand, can hurt your career. Consequently, you want to consult a psychologist license defense counsel once you learn that the Board is investigating your professional license, and you will likely lose it.

At Oakland License Attorney, our lawyers provide our clients with the best representation, resources, and information required to defend their licenses. We are experienced at navigating all aspects of the disciplinary process and apply our knowledge of the system to assist our clients in achieving the most favorable outcome. We realize every case is unique, so we strive to focus our approach to best assist in navigating the various rules and regulations of the licensing system. Call us for your complimentary consultation and allow our highly skilled lawyers to save your livelihood and career.

The Role of a Psychologist

Psychologists are theorists, interpreters, observers, and relationship experts. They delve into the human mind as they observe and assess patients' interactions and behaviors with the surrounding people and environment. For this to happen, they find patterns that assist them in predicting behavior results using scientific principles, techniques, or procedures to test their ideas—all meant to help them gain insights into cultures, groups, and individuals. Evaluating behavior and gathering info using controlled lab experiments, psychologists may also utilize psychoanalysis, biofeedback, and hypnosis and administer intelligence, aptitude, performance, and personality tests.

Some psychologists center on addictive conduct (alcohol or drug abuse), some offer mental health care services at hospitals and clinics, and others work in private facilities, helping children, couples, and families find means to overcome dysfunction and trauma and develop healthier behavior patterns.

Clinical psychologists constitute the largest part of the psychology specialty as they deal with assessing, diagnosing, treating, and preventing mental disorders, including paranoia, depression, and schizophrenia.

Developmental psychologists study social and cognitive development, which starts as early as infancy when unmet needs result in problems during adolescence and childhood. In recent years, developmental psychologists have also centered on changes that happen in older age, assisting senior citizens in maintaining their independence or handling Alzheimer's disease treatment.

Other professionals are experimental psychologists, who study behavior in animals and humans, and social psychologists, who study how people interact with others and their surroundings. Forensic psychologists help attorneys, judges, and other legal professionals gain insights into the psychological findings of a certain case.

The Role of the California BOP

Psychologists in California are held to very high standards of patient confidentiality, trust, and conduct by the BOP and their patients. They are an exceptionally valuable part of the community, both professionally and personally. Their significant responsibilities come with great pressure and stress, and they can occasionally inadvertently err or commit a mistake while in the line of duty. Sometimes, these small errors can become costly if the board files an Accusation against them.

The BOP’s role is to license and regulate psychology practice in California. It regulates licensed psychologists, registered psychologists, and registered psychology assistants. To safeguard patients, the board necessitates that psychologists at least complete a set of supervised hours, have a qualifying doctorate degree, prevail in a national examination, and complete a California law and ethics exam.

As part of its job, the BOP investigates claims of unprofessional conduct against licensed and certified psychologists. Should the board establish that, as a psychologist, you have committed a criminal or administrative violation, it might subject you to disciplinary action.

BOP Investigations

Investigations into a psychologist's license usually start with a complaint regarding unprofessional conduct. A complaint against you can be brought by an insurance company, professional society, patient, colleague, law enforcement agency, family member, or another party. In criminal cases, an investigation might start with a notice from the Department of Justice that your fingerprints have been captured or a referral from the local prosecutor. Additionally, the BOP can receive complaints about misconduct through regular licensee auditing and mandatory self-reporting.

The board probes allegations and complaints related to:

  • Professional misconduct
  • Conviction of an offense significantly connected to the qualification and duties of psychology, such as insurance fraud and DUI
  • Use of alcohol or regulated substances dangerously
  • Allowing someone else to practice using your registration or license
  • Negligent or fraudulent misrepresentation of licensure
  • Acquiring a license through deception or fraud
  • Advertising-related violations, such as false advertising
  • Violations of rules of professional conduct
  • Accepting payments for referrals to other healthcare professionals
  • Violations of patient confidentiality
  • Gross negligence while practicing psychology
  • Fraudulent, corrupt, or dishonest acts
  • Providing unlicensed services
  • Aiding and abetting unlicensed psychology practice
  • Sexual relationships with or sexual abuse against a former or current patient
  • Practicing outside of the field of competence
  • Centering therapy on your problems instead of the patient's
  • Failure to adhere to mandatory reporting requirements
  • Serving in several roles, that is, having social relations with patients, employing them, lending them cash, et cetera

Notably, the BOP lacks jurisdiction over general business practices or billing disputes.

After the BOP receives a complaint against you, it starts investigating the allegations in the complaint. The investigators might need you to provide a statement as part of the investigations. Irrespective of how friendly the investigators might seem, understand they are never on your side, and they could use whatever you say against you. Rather, you should call an attorney. An attorney can deal directly with the investigators for you, fighting for the closure of the complaint by providing evidence that a violation did not occur or that mitigating factors exist.

The complaint might be resolved via a non-disciplinary or disciplinary administrative penalty based on what the investigators find out after the investigation. Non-disciplinary administrative actions include the following:

  • Closing the case without taking any action if the evidence was merely inadequate to warrant disciplinary action
  • Invitation to a voluntary educational review: If the board imposes this disciplinary action, it suspects you deviated from the stipulated standards of care or has serious concerns about you. That means it reviewed the case against you but does not believe it has sufficient evidence to continue with the case. It will then request that you willingly appear before it for a review. However, do not agree without first talking to a lawyer.
  • Sending you an educational letter as a warning, usually for minor violations.
  • A fine and citation. The board can cite and fine you from one hundred U.S. dollars to two thousand five hundred U.S. dollars for minor violations. The board may also include an “order of abatement,” which demands that you stop doing particular activities.

In most cases, the imposition of a non-disciplinary administrative penalty is the most favorable outcome.

Nevertheless, should the board investigators establish that the complaint against you has merit, they may refer the case to the attorney general’s office for formal disciplinary action. The deputy attorney general might file an official Accusation against you or, if you are an applicant, a statement of issues to initiate formal proceedings per the California Administrative Procedures Act.

Accusation Filing

An Accusation refers to an official legal document alleging that certain omissions or acts happened and often seeks to revoke or suspend your license. There is a timeframe within which you must officially respond to an Accusation filed against you and ask for a formal proceeding. The time frame is usually 15 days, and you respond by filing a Request for Hearing or Notice of Defense with the board. Failure to do so may waive your right to the hearing, and your license will be revoked or suspended by default decision or without you being in attendance to defend it during the hearing.

However, if you file a Notice of Defense, you will obtain the chance to present favorable defenses and assess the evidence forming the foundation of the formal Accusation against you.

A skilled psychology license attorney can try negotiating a stipulated settlement to resolve the case favorably. If your lawyer cannot reach a favorable agreement with the board, the case will be scheduled for an administrative hearing at the Office of Administrative Hearings (OAH), presided over by an ALJ (administrative law judge).

During the hearing, the defense side and the board's side present their arguments and evidence, including cross-examining witnesses. Once the hearing is over, the ALJ will review evidence from both sides, and they have thirty days to recommend what disciplinary action the board should take.

Disciplinary Actions

The board must impose disciplinary action per its disciplinary guidelines. It does not have to follow the ALJ's recommendations but must consider the aggravating and mitigating factors presented. Based on the accusations against you, you may face various kinds of discipline. Likely disciplinary actions the BOP can impose include the following:

  • Interim suspension: the board may issue an interim license suspension order before administrative proceedings if you pose any danger to public welfare, safety, or health
  • License surrender: in certain cases, the BOP will need you to surrender your license as a disciplinary action. This would need you to wait for three years before seeking reinstatement. The board may agree to a license surrender as part of a stipulated agreement. Refrain from surrendering your license before speaking with an experienced license defense counsel who might help you win your case. Having your license reinstated after your surrender could be challenging, particularly if you had to confess to committing the violation as a condition of the surrender.
  • Letter of reprimand: This is a letter the BOP president writes summarizing the accusations against you. Letters of reprimand are usually imposed for minor violations that never led to a patient suffering actual harm. Your attorney can negotiate for a letter of reprimand rather than a license revocation or suspension. Letters of reprimand go into public records, and everyone can see them.
  • License suspension: the board may suspend your license for a certain period. During the period your license is suspended, you cannot continue practicing.
  • Probation: the board suspending your license for a particular period with certain probationary conditions you must comply with is more favorable than entirely losing the license. Your attorney can negotiate a shorter probationary period and lenient conditions. Some of the terms include completing a mental health or substance abuse program.
  • License revocation: your license being revoked is the most severe type of disciplinary action. It means you cannot practice indefinitely. However, you can seek a license reinstatement after at least three years.

Since the possible repercussions of BOP investigations or disciplinary actions are severe, you want to consult a psychology license defense attorney immediately after you learn that the board is investigating you. A lawyer can defend your rights, mount a defense strategy to the accusations you face, and strive to protect your career. Based on the case, the attorney can:

  • Request a meeting with the BOP investigators to submit evidence to mitigate or disprove the accusations.
  • Hire experts
  • Develop a rehab plan if you have a drug abuse problem
  • Create an emotional and mental rehab strategy
  • Hire a defense investigator
  • Collect documents to prove mitigating factors
  • Prepare for administrative proceedings with the OAH

Find a Knowledgeable Psychology License Defense Attorney Near Me

In many cases, the BOP will try to convince you that you do not have a shot at fighting the case against you and will revoke your license. This is a prevalent scare technique to have licensees agree to an unfavorable deal, and often, their licenses are revoked unnecessarily. It is essential to remember you have rights. You are entitled to demand an administrative hearing before an ALJ, and you do not need to let the board know before you talk to an attorney.

If you suspect the board will subject you to a formal Accusation or investigation, call Oakland License Attorney to speak with our skilled psychology license defense attorneys immediately. The earlier you seek assistance, the better your chances are of retaining your license. We can also assist with license renewals and any obstacles you may face in the license application process. Call us at 341-234-0408 for a complimentary consultation.