According to Business and Professions Code 2960, your licensing board has the authority to deny your license application or suspend or revoke your practice license when you engage in unprofessional conduct. If your licensing board has initiated an investigation against you for something as seemingly minor as a misdemeanor conviction, consulting with an attorney would be a wise move.
The typical investigation begins with the board requesting a written explanation and all other relevant documentation of the alleged violation. A reliable license defense attorney can help you investigate the allegations and prepare a notice of defense with the hopes of helping you avoid the board’s disciplinary action or secure a favorable outcome.
Regardless of the seriousness of your violation, our seasoned attorneys at San Francisco License Lawyer will dedicate ample time to your unique case to help you secure the best possible outcome.
What Licensed Psychologists Do
As a trained and licensed psychologist, you bring both professional and personal value to the community. Your skills and training allow you to help several individuals dealing with various mental and emotional health problems. You can also assist people dealing with various types of addictions.
Some psychologists also work in forensic settings, including with people involved in criminal cases and law enforcement officers. During the investigation, you can help enforcement officers uncover crucial facts that can help determine whether a defendant’s acts were rational. Doing that is crucial as it helps the prosecutor determine whether the defendant is fit to stand trial.
Some of the mental health disorders you can help diagnose and manage include stress, anxiety, and depression. Using scientific methodologies, you identify patterns and predict your patients’ behaviors. These patterns can help you predict your patients’ future behavior and devise solutions to change it gradually.
The Mission of the California Board of Psychology (BOP)
The BOP is the agency tasked with the job of protecting patients and the public from incompetent, unsafe, and negligent practices by doing the following:
- Licensing qualified psychologists
- Monitoring and supervising licensed psychologists and their practices
- Supporting the growth of the psychology profession
Part of the BOP’s mandate is to investigate any alleged violation or complaint you could face as a licensed psychologist. If the board finds that you have engaged in professional misconduct or a criminal offense, it could take disciplinary action against you and your psychology practice license.
In addition to affecting your career, the BOP’s disciplinary action could result in you losing your source of income and livelihood. Additionally, the disciplinary action will appear on the BOP’s website, allowing prospective clients and employers to view it, potentially costing you income opportunities.
If you learn that a client could file a complaint against you or you have just received a notice of investigation, you should consult with an attorney immediately. A skilled license defense attorney can help you navigate the BOP’s disciplinary process, including settlement negotiation to achieve a favorable outcome.
Like a criminal case, you have certain rights when handling any administrative problem that could jeopardize your license. For example, you have the legal right to:
- Stay silent
- Seek the legal services of an attorney
- Request a speedy trial or administrative hearing
- Subpoena witnesses to testify in your case
- Cross-examine the prosecutors’ or BOPs’ evidence against you
Allegations That Could Attract the BOP Scrutiny on Your Psychology Practice
The BOP will launch an investigation against you for various reasons. Mostly, it is a complaint filed by a public member, a colleague, a patient, or his/her loved one against you. The board will begin an investigation against you and your practice when it learns of your arrest from the DOJ (Department of Justice).
Understanding what to do when that happens can make a significant difference in the outcome of your case. Most cases that could attract the BOP’s investigation and a possible disciplinary action involve the following:
- Physical or sexual assault of patients
- Incompetency
- Using a paid referral system
- Using fraudulent means to secure your license
- Offering your services while under the influence of drugs or alcohol
- Driving under the influence
- Disclosing patients’ information to third parties
- Misleading or false advertising
- Unprofessional or unethical conduct
- Allowing unlicensed staff to work under you
- Offering services outside the limits of your psychology practice
Actions to Take When Someone Files a Complaint Against You With the BOP
After receiving complaints against you, the BOP will evaluate the allegations and determine whether to initiate further investigations. Principles of administrative law, including reasonableness, responsive behavior, and justification, will guide the board’s decision on your case. The BOP may approve a further investigation if the alleged acts directly violate these policies.
When the board decides to launch an investigation against you, you will receive a notification detailing When the board decides to open an inquiry against you, it will send you a notification of the procedures to expect during the investigation process.
To reduce the burden of conducting intrusive allegations, the board could temporarily suspend your practice license, meaning you cannot continue with your services during this period. If you are under investigation for a fraud-related offense, you should halt all operations until the investigation concludes. Doing so is critical to avoiding possible conflicts and undue influence on your case.
The BOP’s investigative process could take a few weeks, months, or years, depending on the seriousness and complexity of your case. The longer the investigation takes, the greater the impact on your livelihood and source of income. Hence, you should consult with an attorney who understands the impact of an an interim license suspension to help convince the BOP to expedite the investigation.
Possible Outcomes of the BOP’s Investigation
Based on what the information and evidence investigation will uncover, the board could decide to take non-disciplinary or disciplinary measures against you. Non-disciplinary measures are more favorable than disciplinary ones and could include the following:
- Fine and citation
- A BOP letter
Conversely, if the board investigators find merit in your case, they will file a formal accusation against you, listing your violation and the options available to you. These violations and offenses serve as the basis for the BOP’s disciplinary actions. Possible disciplinary actions the board could take against you include the following:
- License revocation
- A reproval letter which summarizes the alleged violation
- License suspension
- License suspension
- License surrender
What the Board Will Consider When Determining Your Appropriate Disciplinary Action
When determining your appropriate disciplinary action, several factors will come into play, including the following:
- The Seriousness of Your Violation or Charge
The more serious your alleged violation is, the higher the chances that the board will impose a harsh disciplinary action against you if the allegations are true beyond a reasonable doubt. For example, someone who is facing an allegation of sexual assault of a patient is more likely to face harsh disciplinary action than someone facing an allegation for violations related to advertising.
- Whether the Patient Suffered a Harm or Incurred a Financial Loss
The possible disciplinary action you could face for a violation will be harsh if the victim suffered harm or incurred a financial loss. For example, a finding by an ALJ (administrative law judge) that you are guilty of an offense or violation that caused your patient to suffer an injury could result in suspension or revocation of your psychology license.
- Whether You Have a Disciplinary Record
Having a disciplinary record shows you are a notorious offender unwilling to learn from past mistakes. The ALJ will suggest harsh disciplinary action if you have a record of similar or related violations.
- The Total Number of Current Violations
If you are currently facing an investigation for several violations simultaneously, the more serious the disciplinary actions the ALJ will impose if there is sufficient and clear evidence to support these allegations you are facing.
- How Long Since the Alleged Offense Occurred
Your attorney will convince the ALJ to impose a lighter disciplinary action if several days have passed since the alleged violation occurred.
- You Have a Criminal History
A criminal history for a crime that is significantly related to your responsibilities or qualifications as a psychologist could show the ALJ that you are an offender, meaning you deserve strict disciplinary action. Examples of these crimes include (but are not limited to) the following:
- Fraud
- Drunk driving
- Possession of controlled substances
- Assault
- Domestic violence
- The Presented Aggravating and Mitigating Factors
At the administrative hearing before an ALJ, the prosecutor and your attorney will have a chance to present their evidence on the case. The prosecutor’s (BOP official) aggravating evidence shows the ALJ why you deserve a harsh sentence. On the other hand, your attorney’s mitigating arguments show the ALJ why you deserve minimum disciplinary action for your violation.
How to Cope With Losing Your Psychology Practice License
If you are under BOP’s investigation or have just lost your psychology practice license due to a violation, it is natural to feel stressed, confused, and anxious. However, before you panic, you should understand that most licensees who lose their license recover it later.
The rule of thumb is to consult with an attorney who has handled similar cases before, and he/she has a proven track record of success. On top of that, you should also do the following:
Prioritize Your Health
Even if the board has suspended or revoked your psychology practice license, you are more likely to feel better if you are physically healthy. In addition to keeping yourself healthy and fit, eating a well-balanced diet and exercising can help you de-stress and improve your focus.
If the board suspends or revokes your license due to substance abuse or addiction, you should consider enrolling in a drug treatment and rehabilitation program.
Practice Self-Care
Sometimes, you can lose your sense of self-identity and become restless after losing your psychology license, but all hope is not lost. While it is okay to grieve over losing a license you have worked very hard for over several years and invested money to secure, speaking with a trustworthy friend or psychologist about the issue is advisable.
Spending quality time with your loved ones can also help you cope with the challenges and frustrations of losing a practice license.
Work on Securing a Reinstatement of the License
As mentioned in the previous paragraph, losing a practice license does not mean your career is over. With the legal assistance of an attorney, you could qualify for a reinstatement of your practice license to continue doing what you do best in helping people handle mental and emotional issues.
However, for you to file a reinstatement petition for your practice license, you must wait for three years after receiving the verdict. For the board to reinstate your license, you must prove that you are eligible for the license. For example, you can provide evidence to show that:
- You are a rehabilitated and law-abiding person
- You have expunged your criminal conviction
- You have received counseling
- You have a job
Having people who can vouch for your good behavior, including colleagues and relatives, could increase your chances of qualifying for a license reinstatement.
What to Expect When You Fail to Disclose a Past Conviction When Applying for a Psychology License
The board considers failure to disclose a past conviction, investigation, or expunged record as the use of fraudulent means to secure a psychology license. According to Penal Code (PC) 1203.4, this can lead to a denial of a professional practice license or a disciplinary action, including license revocation.
Therefore, you have an obligation to disclose your conviction record when applying for a new or renewal of your practice license. If not, the board could deny you a license or deny you renewal, affecting your ability to continue offering your services.
Find a Licensed Defense Attorney Near Me
Undoubtedly, qualifying for and securing a psychology practice process can be expensive and time-consuming. In addition to investing in your education and training, the BOP will require you to pass certain licensure exams to secure your practice license.
If you or a loved one is under investigation or arrest for a violation that could jeopardize his/her psychology practice license, our seasoned attorneys at San Francisco License Lawyer can help. We invite you to call us at (415) 496-2811 to discuss your case with our credible license defense attorneys as soon as possible.
