Psychologists practicing in California are held to very high standards of conduct, patient trust, and confidentiality by the California Board of Psychology (BOP) and their patients. A psychologist is a highly valuable asset to society on a professional and personal level. Their primary role entails helping people maintain their mental well-being while offering an environment of safety and trust to participate in therapy sessions.

This huge responsibility comes with significant pressure and stress for these professionals, which can occasionally cause them to commit errors while treating patients. These trivial mistakes can sometimes become serious problems if the wronged party files a complaint, and the board, in turn, decides to file a formal Accusation against the professional, triggering a disciplinary process.

A formal Accusation is a serious matter that requires the intervention of an experienced professional license defense lawyer. That is exactly what we at San Jose License Attorney do daily. Before you tackle this kind of problem alone, which is usually never wise, call us to talk to one of our highly skilled attorneys who have defended clients before the BOP for decades. The lawyers can assist you during the various stages of the disciplinary process, including investigations, the Notice of Defense filing, and the administrative hearing. Call us for now so we can start working on your case.

The Role of the California Board of Psychology

The BOP regulates registered psychologists, licensed psychologists, and registered psychological assistants. To safeguard patients, the BOP mandates that every licensed psychologist have at least a doctorate that qualifies them to be a psychologist, pass a national examination, complete several supervised hours, and complete a state ethics and law exam. The amount of time and level of education required before one becomes licensed as a psychologist is not a small accomplishment, and the risk of losing your license and career can be extremely stressful.

The Roles and Functions of a Trained Psychologist in California

A practicing psychologist has the clinical skills and professional turning to assist people in learning to cope effectively with mental health issues and life problems. After several years of attending graduate school and undergoing supervised training, these professionals become licensed by the BOP to provide various services, including psychotherapy and evaluations. Psychologists assist by applying various techniques depending on the best research available and consider a person's unique characteristics, values, circumstances, and goals.

Psychologists possessing doctoral degrees (an EdD, PsyD, or PhD) have received among the highest education levels of all healthcare professionals, spending an average of seven years in training and education once they obtain their undergraduate degrees.

Practicing psychologists assist a wide range of individuals and can address various issues. Some patients might want a psychologist’s help because they have been feeling angry, anxious, or depressed for an extended period. Alternatively, they may need help to treat a chronic health condition interfering with their physical health or lives. Other patients might have short-term issues they need assistance navigating, like grieving a family member’s demise or being overwhelmed by a new job.

Psychologists can assist patients in learning to deal with stressful surroundings or situations, manage chronic illnesses, overcome addictions, and cope with assessments and tests that can assist in diagnosing a health condition or telling more about how an individual thinks, behaves, and feels. These tests might assess cognitive weaknesses & strengths, intellectual skills, neuropsychological functioning, personality characteristics, and vocational preference and aptitude.

As to how they help, trained psychologists use various evidence-based treatment techniques to assist people in improving their lives. In many cases, they utilize therapy (often called talk therapy or psychotherapy). There are different therapy styles, but a psychologist works with a person individually to determine the ideal approach to address their issue and which fits their preferences and characteristics.

Some common forms of therapy include interpersonal, cognitive-behavioral, psychodynamic, humanistic, or a merger of different therapy styles. Psychotherapy can be for one person, couples, or families. Some psychologists have even undergone training to utilize hypnosis, which studies show to work effectively for several conditions, including mood disorders, anxiety, and pain.

For some problems, medication and therapy are an excellent combination of treatments that manage a patient’s condition. For individuals who will benefit from drugs, psychologists partner with primary care pediatricians, psychiatrists, and physicians on their general treatment.

Many psychologists run their independent private practice or partner with a group of healthcare providers or other psychologists. Psychologists can work in several other settings, too. They can work in:

  • Universities, colleges, and schools;
  • Medical clinics and hospitals;
  • Correctional facilities and prisons;
  • community health clinics, mental health clinics, and veterans’ medical centers;
  • Industry and businesses;
  • Nursing homes and
  • Long-term care and rehabilitation centers

Common Allegations Against Psychologists 

 

Psychologists are not deemed medical doctors, although their reputations and licenses can be easily questioned. Some allegations filed against psychologists entail their professional licenses being under investigation, denied, or subject to discipline and revocation by the Psychology Board. Others might be subject to civil or personal injury lawsuits initiated by patients or guardians. Common investigations that involve psychologists arise from accusations regarding:

  • Fraud and other criminal charges or convictions related to the duties, functions, and qualifications of psychologists
  • False advertising
  • Failure to adhere to mandatory reporting requirements
  • Failure to report a patient making threats to bodily harm another individual
  • Paying for or accepting payments for patient referrals
  • Providing services for which they have not undergone training or licensed
  • Substance abuse
  • Violating patient confidentiality
  • Sexual misconduct, including sexual relations with patients
  • Transference issues
  • Centering therapy on the psychologist's own problems instead of the patient's
  • Negligent, unprofessional, or unethical acts
  • Serving in numerous roles, that is, employing patients, lending them cash, having social relations with them, et cetera
  • Failure to adhere to mandatory reporting conditions
  • Patient boundary problems
  • Engaging in conflicts of interest

Another primary issue impacting psychologists is when and when not to report a patient for something they said during a therapy session. Traditionally, everything discussed during the session was confidential and protected by therapist-patient privilege. Currently, the law necessitates that mental health professionals report patients for any threats to injure someone else physically or other possibly dangerous statements.

Generally, the Psychology Board does not have jurisdiction over general business practices or billing disputes.

If the Board of Psychology is reviewing your professional license for a filed complaint, or you face a civil suit a patient or their guardian filed against you, you want to act swiftly to avoid additional damage to your reputation and professional standing. Call a skilled psychologist license defense lawyer for help.

Psychologist License Defense 

The California Board of Psychology can receive complaints regarding licensees from professional societies, consumers, police agencies, patients, and other government agencies. In addition to these parties, the board can also receive information regarding misconduct through regular licensee auditing and compulsory self-reporting.

Once the board receives a complaint of professional misconduct against you, its staff might conduct a probe to decide whether it constitutes a more severe or minor violation. Once the investigation is over and the violation is minor, the board might invite you to a voluntary educational review, issue an educational letter, issue a fine or citation, or close the case entirely.

If the facts say you committed a more severe violation, the board might refer the case to the attorney general’s office for the deputy attorney general to pursue formal discipline. The deputy attorney general might file a formal Accusation or, if you are an applicant, a statement of issues, instigating an official hearing process per the California Administrative Procedures Act. An Accusation refers to an official legal document claiming that particular actions or omissions happened and often pursues the suspension or revocation of the psychologist's professional license.

A strict time frame exists under which you must officially respond to the Accusation filed against you and demand formal proceedings. The timeline is usually 15 days from the date you receive notice of Accusation being filed against you.

Your response entails filing a Request for Hearing or Notice of Defense. Should you fail to do so, you could waive your right to those proceedings, and the board will revoke your professional license by default or without your appearance to defend against the revocation at the proceedings.

Based on the accusations you face, you may face various disciplinary actions after the administrative proceedings stage is over. These might include:

  • Probation—having the board subject your license to a probation sentence for a given period with specified conditions that you must meet is much more lenient than losing the license entirely. Your attorney can negotiate a shorter probation sentence and less limiting probationary conditions.
  • A reproval letter—If your violation did not lead to a patient sustaining actual harm, your lawyer may successfully negotiate for a reproval letter rather than a license revocation or suspension. This letter goes on public record, and other stipulations, like cost recovery, could be involved.
  • License revocation—the most severe type of disciplinary action possible. Revocation entails the indefinite cancellation of your license. However, you can file a petition requesting reinstatement after at least three years.
  • License suspension—the board suspends your license for a specified period. During this period, you will not practice your career. Usually, an interim suspension license order may be issued while your case is still ongoing. At times, you must enroll and complete a mental health or substance abuse program before the board can lift your suspension.
  • Surrender of professional license—In certain cases, the BOP may order that you surrender your professional license after it files the official Accusation against you. If you surrender your license, you would need to wait at least three years to file for a reinstatement petition, just like what happens with revocation. Do not agree to surrender your professional license without first speaking with an experienced license defense lawyer who may help you void it. License reinstatement can be challenging after surrender, particularly if the condition was to admit to committing the violation as mentioned in the complaint.

Whereas every case is special, it is wise to consult a lawyer before you respond to investigators from the board or their request for information. Providing evidence or documents, answering questions, or consenting to anything without a lawyer can land you in more trouble. As a psychologist licensed to practice in California, you have essential constitutional and statutory rights and intricate legal responsibilities to your patients. Immediately seeking counsel from a lawyer experienced with dealing with the Psychology Board assists in defending your business, career, and reputation.

Also, in many cases, the BOP will attempt to persuade you that you have no chance to fight the Accusation against you, and it will revoke your license. This is only a scare strategy to have you agree to a settlement deal that does not favor you. Many professionals fall for this tactic, and their licenses are ultimately revoked unfairly.

You want to remember you have constitutional and statutory rights. You will be within your rights to request an administrative hearing before an ALJ (administrative law judge), and you need not speak with the board officials before talking to an attorney. Talk to an attorney immediately if you see any indication that an official Accusation or investigation is looming. You will be a step ahead if you obtain help sooner. This is not a matter you should first attempt to navigate on your own since you might forfeit rights or information accidentally due to not understanding all the protocols involved, and regaining lost ground is much more challenging.

Contact an Expert Professional License Defense Attorney Near Me 

Should you find yourself in a position where you must defend your psychology license, we at San Jose License Attorney can help you. Our skilled psychology license defense lawyers represent clients at the initial investigations, statements, formal Accusation administrative proceedings, and appeals to help psychologists save their licenses, careers, and reputations.

We aim to assist you in avoiding license suspension, revocation, or any other disciplinary action by the board. Additionally, we can assist you in navigating renewal rejections and other licensure application problems you might have. Our lawyers have experience with everything and can help you with practically any problem regarding your license or the application process. Call us to set up a complimentary consultation and case evaluation by calling 408-850-3740.