Losing your psychology license due to minor mistakes at work can be upsetting, especially after years of hard work and training. Also, if the board summons you, you might have to deal with many challenges as you prepare your defense. It is wise to hire a licensed attorney. They can help reduce your stress and represent you at the disciplinary hearing.
At San Diego License Attorney, we provide legal help to psychologists facing the loss of their professional licenses. With our skilled attorneys, you can rely on us to defend your psychology license.
The Roles of The California Board of Psychology and Professional Psychologists
A psychologist is a professional trained in mental health. They help people develop ways to cope with mental health problems and provide a secure environment for therapy. The Board of Psychology in California holds these professionals to high ethical standards. The board expects psychologists to maintain patient privacy and foster trust with their clients.
However, this responsibility can create a lot of stress. Psychologists may make errors or misunderstand what a patient needs. Minor mistakes can result in serious issues, particularly if a patient files a complaint.
California’s Board of Psychology is responsible for issuing licenses to qualified psychologists. They also handle administrative actions that could result in losing your license if clients accuse you of misconduct. They do this by filing a legal document called an “Accusation.”
This “Accusation” details certain laws or regulations you have allegedly violated. It typically includes:
- Names
- Dates
- Legal provisions the board claims you have broken
The accused psychologist must respond to the Accusation and request a formal hearing. If you fail to do so, you may forfeit your right to a hearing. You could also have your license revoked without being able to defend yourself.
If you risk losing your professional license, you should know about the allegations against you. This knowledge will help you understand why you received disciplinary measures and help you avoid problems in the future.
Allegations That Trigger License Administrative Hearings
The most common accusations against psychologists include:
You Failed to Respect Patients’ Rights to Privacy
The board requires all healthcare professionals to uphold confidentiality to protect patients from unnecessary scrutiny.
You may face administrative action if you disclose a patient’s private details to anyone outside your practice. Sharing a patient’s information is illegal, even with immediate family members like your partner. If there is an accusation of a confidentiality breach, the Board of Psychology will call you for an administrative hearing.
Illegally Acquiring Your Professional License
The California Board of Psychology is the only authority to give a practice license. They have specific requirements you need to meet to become licensed, such as:
- Paying fees
- Undergoing the necessary training
- Submitting your test scores.
The application procedure is exhausting and expensive for most people, which might lead some to seek a faster and easier route to obtain a license.
As a result, you might engage in fraudulent behavior to hasten the license approval process. When they learn about your illegal actions, the board will look into your license. This hearing could result in the board suspending or revoking your license.
Misusing Alcohol or Drugs While At Work
Using drugs or alcohol while working is a serious problem that can endanger both you and your patients. It is also unprofessional and can result in errors in prescriptions or advice. This behavior might indicate deeper problems that impact your practice and could cause patients to leave.
If your patient or coworker feels unsafe because of your drug use, they will report it to the appropriate authorities. This notification will alert the board to the issue. You will need to justify your actions and bear the consequences.
Engaging in Sexual Activities With Your Patients
The board discourages sexual interactions with clients. It can hurt your professional credibility. The relationship may also cause the client to become less engaged in therapy sessions. You cannot interact with your patients outside of the set professional boundaries. It is also illegal to start a sexual relationship with your clients for two years after you are done working with them. You should wait before starting a relationship, even after treatment ends.
If you commit acts of sexual harassment on your clients, you may face administrative hearings because these actions are against the law. These acts can involve making inappropriate comments or physically forcing yourself on patients. Such behavior will result in serious administrative penalties.
Incompetence or Gross Misconduct
As a psychologist, your patients count on you to offer effective treatment without errors or negligence. For example, giving the wrong dosage of medications to a patient with depression can lead to serious problems.
You should be careful when working with patients who require more supervision. Failing to create a comprehensive treatment schedule could affect their well-being and cause more issues.
Possessing a Criminal Record that Relates to Your Career
If you have prior criminal convictions, the board might overlook it after a careful examination. However, if your conviction relates to your job, you will face more scrutiny. This scrutiny is because clients may be at risk if they consult you without knowing about your past.
Failing to inform clients about your criminal history can lead to accusations that result in administrative penalties. The board could also take further action if you have a recent conviction.
Paid Referrals and False Advertisements
Making exaggerated or misleading advertisements can create false expectations for prospective clients. For example, if your false advertisement leads clients to believe they will obtain a discount on their first consultation, they can file a complaint.
Employing paid referrals to increase your client base is not a sincere approach to gaining new customers. The main concern is that clients trust someone else’s experience, which is false. Additionally, you could end up with patients with issues outside your practice scope.
Insurance Fraud
Perpetrating insurance fraud against your clients is a serious ethical violation. Insurance fraud often happens if you overcharge a patient or bill them twice. It can also involve hiding this information from the insurance company.
If your insurance company or patient learns about your actions and informs the board, you will face disciplinary measures. This board will also review your illegal proceeds and the number of patients affected by your actions.
The Board of Psychology Administrative Proceedings
If the Board of Psychology receives accusations or complaints against you, your lawyer has a limited time to request a hearing. Missing this deadline means you give up your right to an impartial hearing. Consequently, the board can impose measures you must accept or jeopardize your professional license.
The proceedings will begin once the board approves your application. Working with your attorney is vital in preparing for the hearing. Your lawyer can prepare legal defenses or arguments to show to the board. After reviewing the claims, the disciplinary committee will decide what to do next.
The hearing outcomes can be either non-disciplinary or disciplinary, based on the seriousness of the allegations.
The Board of Psychology Disciplinary Orders
Disciplinary orders can lead to serious penalties that may impact your practice. Many of these orders are public, which could harm your reputation after receiving them. They include:
A Probation Term
The board can place you on probation after they receive a formal charge. Probations are valid when they come from an administrative law judge. Once you receive a probation term, you will stop practicing for some time. You must meet the requirements set by the disciplinary board to continue practicing. For example, you might need to repay your patients if you committed insurance fraud.
The board will also take away your license. This revocation lasts, provided you adhere to the disciplinary board’s guidelines. Once the probation term is over, you can request your license reinstated.
License Suspensions
A suspension requires you to quit practicing for a specific duration. Your professional license is inactive now, and you cannot work as a psychologist. Also, because the suspension is an administrative action, the public can access information about your case upon request.
Reproval Letters
When your licensed attorney negotiates successfully with the psychology board, they will send you a letter of reproval. This letter allows you to resolve the accusations without taking your license away. For example, when you gain patients using paid referrals, you need to give disclaimers to those patients and stop paying those who refer new customers.
License Revocations
Revoking your license is the toughest disciplinary action from the board. You lose your license for an unspecified amount of time. This revocation can lead to a long period without work. There is also no guarantee that you will have your license back. Typically, revocations happen due to serious charges, such as sexual abuse or harassment. If you receive this kind of order, you must wait 3 years before applying for your license reinstated. Even then, there is no guarantee that the board will approve your request.
Temporary Suspension Order
If the Board of Psychology receives serious claims against you, such as drug abuse, it will probably suspend your license temporarily. Then, the involved parties must file an official Accusation. The hearings often begin within 15 days of the suspension order.
Surrender Your License
You can hand in your license before your disciplinary hearing takes place. The Board of Psychology will only let you do this if there are formal allegations against you. After surrendering your license, you must wait three years for the board to reinstate it.
Non- Administrative Board Disciplinary Measures
Here are a few examples of non-administrative disciplinary orders:
Fines and Citations
A citation is a formal note of your mistake that goes on your record. Although you can retain your license, this record is open to anyone who requests it. Citations typically apply in situations like false advertisements to prevent future offenses. You will pay fines for your misconduct, along with the citations. Fines for each violation can vary from $100 to $2,500, based on the case details.
A Warning Letter
Warning letters are confidential documents that outline your mistakes. It also states the possible repercussions you could face if you engage in similar behavior again. The main purpose of these warning letters is to notify you of the standards the board expects you to follow.
Case Dismissed With No Further Action
If someone falsely accuses you and it leads to a hearing, the board could dismiss the case if they find you innocent. They will also close the case without taking any action. This action applies if the claims are true, but the evidence is not strong enough.
How a Psychology License Defense Attorney Can Help You
A license defense lawyer protects a licensee when their license is at risk. This risk involves the board revoking, suspending, or putting you on probation due to claims of wrongdoing. An experienced license defense lawyer can:
A skilled license defense lawyer can:
- Fight for the dismissal of the case against you.
- Create a solid defense to help you keep your license if a state board or regulatory body challenges it.
- Guide you through the complaint process of the licensing board.
- Represent you in any legal hearings about your professional license, including:
- Compliance proceedings
- Office of Administrative Hearings.
- Informal Settlement Conferences
- Defend your rights.
- Negotiate for lighter disciplinary actions if the board decides some discipline is necessary.
- Appeal any unfair board decisions that did not follow the proper procedures.
When you discover any problems with the licensing board, contacting a license defense attorney is smart. You might think your issue is minor, but certain complaints can escalate into serious investigations. Reaching out to a license defense attorney can make a big difference in keeping your license and job.
Find a San Diego Professional License Law Firm Near Me
Working in the psychology field requires hard work and dedication. If someone accuses you of something that could jeopardize your practice license, you should seek help from qualified license attorneys. At San Diego License Attorney, we will assist you during the administrative hearing and offer legal guidance. We are here to help psychology professionals defend their licenses. Reach out to us at 858-665-2455.
