Psychologists are undoubtedly valuable assets to the community, both professionally and personally. The primary role of these experts is to help people maintain their mental wellness and well-being while providing a safe space for therapy. If you are a licensed psychologist, you already know securing that document is not a walk in the park.
In addition to several years of schoolwork and training, you must meet specific, strict requirements by the licensing board to secure your license and offer your services. Sadly, there is no guarantee that you will retain the practice license until you reach retirement age.
The licensing board, also known as the board of psychology, can revoke or suspend your license when it receives complaints about your practice or professional conduct. That is where our services at Oakland License Attorney become vital. We can intervene and help you craft defenses to combat the allegations for the best possible outcome.
Crucial Roles of Psychologists in Our Community
The roles that psychologists play in our communities are broad. As a qualified and licensed psychologist, some of your duties will include helping people with various mental health and emotional problems. Generally speaking, psychologists work like law enforcement officers or detectives to investigate people’s behavior and determine their triggers.
Doing that is necessary and crucial for helping individuals understand their own or their loved ones’ behaviors, why they behave the way they do, and what they need to do to halt the thinking or behavior. People rely on your services and counsel as a psychologist to help them improve the quality of their lives.
Sometimes, you may need to use scientific methods to determine the cause of a specific behavior and the appropriate remedy. The services of a psychologist are also crucial in certain forensic cases. During a criminal investigation, a qualified and experienced psychologist could help uncover essential facts to determine whether a defendant was sane at the time of the offense.
If the results of the examination show he/she was insane, the prosecutor may drop his/her case or file lighter charges against him/her. Some of the common conditions that psychologists help manage include:
- Substance abuse addiction
- Depression
- Anxiety
Common Allegations You Could Face as a Licensed Psychologist
In your line of duty as a professional psychologist, you could face various accusations that could put your practice license in jeopardy. The Board of Psychology, also abbreviated as BOP, has the legal right to issue practice licenses to qualifying psychologists.
Similarly, the BOP is also responsible for handling administrative processes that could lead to the revocation or loss of your license after receiving a complaint against you. The BOP could receive a complaint against you from any of the following:
- Law enforcement, especially if you are under arrest for a crime related to your profession
- Patients or their family members
- Government agencies
- Professional societies
- Colleagues
In addition to these sources, the BOP could receive information about your violation through regular auditing of licensees and mandatory self-reporting. Below are common accusations that could compromise your practice license:
You Engaged in Sexual Contact With a Patient
In addition to being a crime, touching or engaging in any sexual contact with a patient can attract disciplinary actions because it compromises your professional standing as a licensed psychologist. Due to the illegal nature of your acts, the board will likely schedule an administrative hearing once it receives a complaint against you.
Undoubtedly, engaging in any sexual act with a patient will result in grave disciplinary actions, including revocation of your psychology practice license.
You Secured Your Practice License Fraudulently
The BOP could launch an investigation against you when they learn that you secured your practice license fraudulently. That happens when you provide forged or fake documents during the licensee application process. Another common fraudulent way some people secure their professional licenses involves corruption.
That can happen when you bribe a member of the BOP to help you expedite the process of securing the license. Unfortunately, these unethical practices undermine your integrity as a qualified psychologist and endanger other people’s lives. The board will take various serious disciplinary actions against you when it learns that your psychology practice license was not obtained legitimately.
Alcohol Use or Abuse of Drugs at Work
Showing up at your workplace while under the influence of alcohol or illegal or prescription drugs could compromise your practice license as a psychologist. Naturally, when you are under the influence, you may find it challenging to coordinate your actions like a sober person.
Additionally, being drunk or intoxicated by drugs could make your client uncomfortable, making him/her file a complaint with the board against you. Like any other form of malpractice, alcohol use or abuse of drugs while at work could jeopardize your psychology practice license.
You Employed Unqualified Staff
While most psychologists begin their careers as employees in hospitals and rehabilitation facilities, you can start your own mental wellness business and employ your own staff, which is legally acceptable. However, you must follow proper criteria when recruiting staff to work under your practice license because you will be liable for their mistakes and incompetence under the vicarious liability legal theory.
The board will likely suspend or revoke your license when it receives a complaint about you employing unqualified staff.
You Violated Your Patients’ Confidentiality
As an expert in helping people restore their mental health, you will encounter some information and issues that should remain private. Maintaining patients’ confidentiality is part of the code of conduct that you, as a licensed psychologist, must comply with.
If a patient files a claim with BOP against you, claiming that you leaked his/her personal information to your colleague or members of the public, you could face disciplinary action. That is true even if the person you disclosed the information to is close to you, like your wife.
You Offered Your Services incompetently or With Gross Negligence
Your patients expect you, as a highly qualified and educated psychologist, to provide excellent services free from carelessness or incompetence. A common act of negligence that could compromise your practice license as a psychologist is prescribing your patient the wrong dose of medication.
If the licensing board receives a patient’s complaint about incompetence or gross negligence, you could face disciplinary action, including license suspension.
It is worth noting that these are not the only complaints or allegations that could attract the BOP’s disciplinary actions. Other actions that could attract negative disciplinary actions include the following:
- Committing insurance fraud
- Offering services outside the limits of your license
- Offering, requesting, or receiving money in exchange for a patient referral
- Using false practices or deception when advertising your business
- Having a criminal record
What to Expect When the BOP Receives a Complaint Against You
While the BOP plays a critical role in the issuance of licenses and in disciplinary matters involving licensed psychologists, its primary aim is to protect consumers from substandard mental health treatment services. Hence, the board takes every allegation or complaint against a licensed psychologist very seriously.
When the board receives a claim or complaint against you, it will initiate an investigation into the matter to determine the credibility of the allegations. Sometimes, the BOP receives incredible and unsubstantiated claims about licensees. Therefore, determining the credibility of every case is crucial to avoid spending resources investigating and scheduling hearings for unsubstantiated complaints.
If the BOP investigators find that your case is unsubstantiated or lacks sufficient evidence, the board will dismiss the case. However, if the case is substantiated, the board will launch a formal investigation and schedule an administrative hearing. Then, the board will appoint an administrative law judge (ALJ) to hear the case and determine whether an administrative action would be necessary.
The ALJ will carefully listen to all the allegations and evidence presented against you, including voice recordings, surveillance videos, medical evidence, and eyewitness testimonies, to determine whether disciplinary actions would be necessary. The ALJ will recommend appropriate disciplinary action for your case to the BOP based on this evidence and your attorney’s mitigating arguments.
Your attorney’s legal assistance and defense arguments during this administrative hearing could positively influence the outcome of your case. If everything works in your favor, the board could dismiss your case, meaning you will not receive any disciplinary action and can continue offering your services.
Possible Disciplinary Outcomes of the BOP’s Administrative Hearing
The penalties the BOP will recommend to the BOP if there is sufficient evidence to prove the allegations or complaints against are true will depend on various factors, including:
- The nature and seriousness of your offense
- Whether you have a prior violation on your record
- Your attorney’s mitigating arguments
If the evidence against you is minor, the BOP could issue a lighter disciplinary action, including a fine and a citation. While a citation is not a serious disciplinary action, it will appear on the board’s website, meaning potential clients and employers will know about your previous violations. With your attorney’s legal assistance, you can negotiate a reduced fine if the amount set is extremely high.
If the complaint or accusation filed against you is serious, the board could suspend your practice license for a specific period to give ample time to receive proper treatment for alcohol, drug, or anger issues. Once the suspension period is over, your attorney can help you secure a reinstatement of the license.
While it is a lenient disciplinary action compared to revocation, during the license suspension period, you cannot offer your services, which can significantly impact your income source and livelihood. However, for grave cases, especially those involving sexual abuse and gross misconduct, the board will revoke your psychology practice license.
That means you will not be able to offer your services indefinitely. In many cases, once the board revokes your practice license, it will not reinstate it again, meaning you will not be able to move on with your career henceforth. That could significantly impact your quality of life, especially if you rely on the license to earn income to care for yourself and your family.
That is why legal assistance from a credible attorney in every stage of the administrative process is critical. Your attorney can unearth crucial evidence that could work in your favor to secure a favorable outcome, including a dismissal of your case or a fine that has no impact on your ability to continue practicing.
How a Skilled Attorney Can Help When Facing a Complaint That Could Compromise Your Psychology License
You cannot overlook the importance of the legal assistance of an attorney if you are under investigation for a complaint or offense that could compromise your psychology practice license. Working with a skilled criminal defense attorney could lead to a favorable outcome, regardless of the seriousness of your offense.
An experienced license attorney who understands how the administrative process works can help you craft defenses and arguments that can help you secure a favorable outcome. A reliable attorney will also double up as your legal and emotional counsel during these challenging times.
From the beginning, the attorney will ensure you comprehend the gravity of the allegations filed against you and the possible outcomes. For the best possible outcome in your case, you should ensure the attorney you choose to work with is experienced, licensed, and reputable.
A seasoned attorney will aggressively fight to challenge the allegations filed against you to convince the BOP to drop them or conclude the case in your favor.
Find a Credible License Defense Attorney Near Me
Despite the valuable role you play in their society in helping people understand and control their thinking and behavior patterns, one single complaint about your practice or professional conduct could jeopardize your psychology license. Regardless of how hardworking, dedicated, or careful you are at work, you could face an allegation that could attract the board’s harsh disciplinary actions.
However, you do not have to go through the BOP administrative process alone. At Oakland License Attorney, we will stand by your legal voice during the investigation process and the administrative hearing to help you secure a positive result. Call us at 510-250-4709 to schedule your consultation with our credible license defense attorneys today.
