You have spent years studying and practicing as a psychologist to earn your professional license. You should also pass an examination before the licensing agency issues you the license. You should act promptly if the license is threatened due to disciplinary proceedings. The longer you take to resolve the problem, the higher the chances of losing your career, livelihood, dedication, and hard work. Santa Cruz License Attorney understands the laws driving the administrative hearings and investigations and can help respond to them and investigate the matter to collect evidence supporting your version of the story.

Responsibilities of a Psychologist

A psychologist studies a patient’s behavioral and mental disorders and challenges to promote change. Your purpose as a psychologist is to treat and diagnose people with mental disorders. The application of the transformation spans many psychological therapy techniques. You explore assisting people in a clinical or hospital setting through mental health programs and research.

Some of the roles a psychologist plays daily include the following:

  • Observing patients and interpreting personality and intelligence
  • Identifying and diagnosing behavioral, emotional, and psychological issues
  • Developing and interpreting therapeutic processes and treatment plans
  • Offering counseling and communicating with relatives when necessary
  • Helping a patient define their plan of action and goals to achieve vocational, social, educational, personal, and social development and adjustment
  • Monitoring a patient’s progress through regular sessions and meetings
  • Conducting research and publishing the findings in journals

As a psychologist, you might have handled similar cases throughout your years of practice; every case is unique based on your patient’s support system and background, among other factors that impede or promote progress. Therefore, you require the right experience and education to apply the appropriate techniques and treatments. It also demands passion, desire, and commitment to guide your clients through mental health conditions and daily struggles.

California Board of Psychology Disciplinary Guidelines

The Board of Psychology’s mandate is to safeguard patients and members of the public. Therefore, it investigates complaints and recommends disciplinary measures if the allegations are substantiated.

Psychologists found guilty of wrongdoing or misconduct can negotiate with the board. Your license defense attorneys can present exculpatory or mitigating evidence, which may result in the dismissal of the complaints or the reduction of the disciplinary action rendered. Your attorneys can also salvage your psychology license by obtaining a stay of revocation and fighting for reduced probationary conditions.

Common accusations against psychologists include the following:

  • Alleged drug or substance abuse while attending to patients
  • Procuring a psychology license through deception or fraud
  • Sexually abusing patients
  • Dishonest, fraudulent, and corrupt acts
  • Violations of patient’s confidentiality
  • False advertising
  • Failure to keep records of patients
  • Offering services beyond your training and licensure
  • Participating in insurance fraud
  • Permitting another individual to use your license
  • Patient-care violations
  • Violations of ethics and unprofessional behavior
  • Accepting or paying for referrals
  • Prescription errors

The Psychology License Defense Procedure

If the BOP files a formal complaint against you, you should file your response within fifteen days and request a disciplinary hearing. Your attorney will help you through this crucial process and create the most effective defense strategies.

Other essential steps in the process include the following:

  • Engaging in discovery to understand the BOP’s proof against you
  • Identifying professional expert case witnesses to testify in your defense
  • Establishing arguments and legal defenses to challenge the allegations
  • Attorney representation in stipulated settlement deliberations with the BOP
  • Attending an administrative hearing supervised by an administrative law judge (ALJ)

A skilled and proven license defense attorney can guide you through the BOP disciplinary process and help you achieve the best possible case outcome.

Disciplinary Administrative Orders and Penalties

If you are at risk of receiving disciplinary orders, the penalties can be more severe because they may impact your psychology practice significantly. Many administrative orders are also accessible to the general public once imposed, which could also cause you potential reputational risk. These orders include the following:

Serving Probation

Upon receiving an official statement of allegations against you, the BOP could impose probation as your disciplinary measure. The orders become effective once the administrative law judge imposes them.

Probation prevents you from continuing to practice psychology for a stipulated duration until you fully satisfy the disciplinary requirements the BOP imposed. For instance, the licensing agency could require you to pay restitution to patients impacted by your insurance fraud or further your education.

Licensure Suspension

The board can impose a license suspension order along with probation. It prevents you from continuing to practice psychology for a specified duration. Your license is invalid while on suspension; you are prohibited from practicing or identifying as a licensed psychologist.

Letter of Reproval

If your license defense lawyer successfully obtains a stipulated agreement with the BOP, you receive a letter of reproval instead of more severe action. The letter allows you to negotiate an agreeable settlement to clear the accusations you face instead of receiving a suspension or revocation.

Interim Suspension Order (ISO)

The ISO applies if the BOP must act promptly to avoid immediate patient risk. Once the BOP receives allegations of gross professional misconduct involving substance abuse or violence against patients, you will receive an ISO leading to an automatic license suspension. After the BOP halts the immediate risks of harm to patients, impacted patients should submit formal accusation forms resulting in disciplinary proceedings within 15 days of the ISO.

Voluntarily Surrender of License

You may willingly surrender your psychology license before your administrative disciplinary hearing. Nevertheless, the BOP will only permit you to surrender your psychology license after receiving formal allegations against you. After surrendering your license to the BOP, you must wait at least 3 years before seeking a license reinstatement.

What are the Various Non-Administrative Orders?

Different types of non-administrative disciplinary orders include the following:

Warning Letters

Warning letters are confidential documents that list your wrongful conduct and statutory provisions that forbid you from continuing with behavior of that nature. Furthermore, a warning letter lists the potential repercussions you will face for committing those offenses in the future. Consequently, the main objective of warning letters is to notify you of the professional conduct you must uphold.

Citations and Other Penalties

Citations detail the record of wrongdoing and severe disciplinary actions against you by the BOP. The information appears on your psychologist record held by the board. Therefore, even if you can retain your psychology license, the general public can still see the disciplinary record after requesting it.

Often, citations are applicable in wrongful acts involving misleading advertising to deter you from committing the offense again. In addition to a citation, there are fines you should pay for your wrongdoings; they range from $100 to $2,500 per violation, based on your case’s circumstances.

Closure Without Any Further Action

Some cases may involve false allegations that resulted in administrative hearings. However, if the BOP finds you innocent of the allegations, they could dismiss those allegations without taking any disciplinary measures. The non-disciplinary rule also applies if, despite credible accusations, the proof submitted against you is unconvincing.

License Revocation

A revocation of your license is the most severe disciplinary measure; it results in losing your license indefinitely. Therefore, you could be out of work for an extended period without the assurance of a license reinstatement. Typically, license revocations apply to serious allegations like sexual abuse of a patient.

Practical Defenses in a Psychology License Administrative Proceedings

There are several potential defenses your attorney could utilize to contest the BOP disciplinary proceedings against you. They include the following:

  • Mistake of fact — Your conduct was based on an honest misunderstanding, not due to willful wrongdoing.
  • Insufficient proof — The Board of Psychology bears the burden of proving their accusations against you. You could win the case if the licensing board presents weak evidence.
  • You did not act negligently — You can argue that your alleged conduct did not violate the standard of care.
  • Your conduct did not injure any patient —The BOP must prove a definite connection between your conduct and injury to a patient.
  • You did not commit the alleged misconduct.

Additionally, your attorney could review your case circumstances to establish custom persuasions to contest the BOP’s allegations. The objective is to demonstrate you acted reasonably and accordingly within the scope of your license.

Helpful Tips For Safeguarding Your Psychology License and Avoiding the BOP’s Disciplinary Measures

The following tips are key to avoiding the board’s disciplinary action and protecting your license so you can continue practicing:

  • Develop healthy psychologist-patient boundaries by upholding professionalism
  • Maintain detailed documentation of your patients. The board appreciates paperwork
  • Practice honesty on your website and advertisements. Avoid exaggerating your professional skills
  • Stay up-to-date with current ethical regulations and psychological care standards
  • Undergo regular medical checks for impairment issues that may impact your psychology practice
  • Ensure your malpractice insurance always stays up-to-date
  • Resolve your patients’ complaints immediately
  • Ask for assistance if you encounter a perplexing case
  • Obtain patient consent before administering any treatment
  • Maintain appropriate office guidelines that protect your patients’ privacy

The Importance of Hiring a License Defense Lawyer

It can be scary if your psychology practice or license is at risk. Fortunately, a license defense attorney can help you fight to safeguard your career and livelihood. They will do so by:

  • Developing effective defense strategies that align with the facts of your case
  • Conducting a detailed investigation of the accusations against you
  • Defending you fiercely against false, malicious, or exaggerated accusations
  • Guiding you through the complex BOP disciplinary proceedings
  • Representing you before the BOP in negotiations for a stipulated agreement
  • Defending you aggressively during the administrative hearings

You should consult an attorney once you learn of the BOP investigation against you. The sooner you hire a lawyer, the greater your chance of the best possible case outcome.

How to Cope If Your Psychology License is Under Threat

If you risk losing your license or you are facing a BOP investigation, it can result in emotional anguish and crippling fear, which can negatively impact your quality of life. The potential financial hardships and relationship strains can be arduous to cope with.

To navigate the threats to your license, you can consider below:

Exercise Self-Care

Although the potential risks of losing your psychology license are challenging to process, you should develop healthy habits that can enable you to deal with future uncertainty better. Individuals who lose their licenses may also suffer reduced self-confidence, experience a sense of professional identity loss, and become anxious if they do not adopt a purposeful daily routine or an emotionally supportive social network. These are huge losses, and grieving them is both normal and healthy.

Instead of ignoring your feelings or getting angry with yourself, permit yourself to process the painful emotions you are experiencing.

Talking with your spouse or friends, writing about your feelings, or going to therapy are adequate ways to stay in touch with your emotions. Creating time for leisure activities you enjoy and spending time with family and friends are also fantastic ways to maintain a positive outlook as you navigate these challenging times.

Focus on Your Future

While it may seem as if you will never overcome the loss of your psychology professional license, the comforting thing is that you will sail through the situation.

When overwhelmed, imagine a future full of hope and new growth opportunities. Nurture a sense of gratitude that you enjoy the other excellent areas of your life that are part of your daily existence.

Prioritize Your Wellbeing

Like most people, you feel good about your life when physically fit. You are also less likely to become depressed with lots of energy. Eating healthy, maintaining the right weight, having adequate rest, and engaging in routine exercises could be difficult initially, but these habits can add structure and optimism to your life.

Find a Competent License Defense Counsel Near Me

An accusation of wrongdoing or professional misconduct is not an insignificant issue. The Board of Psychology takes the allegations seriously. Your education and training mean the board holds you to the highest standards, and a violation could jeopardize your career and license. Regrettably, like most psychologists, you might be in this situation without understanding how to protect your practice. 

Santa Cruz License Attorney’s proactive and aggressive approach allows our clients to mitigate discipline imposed by the licensing agency or avoid disciplinary action altogether. We are available for initial consultations, where you can learn about the available options to protect your credentials. Please call us at 831-732-4390 to book it.