As a licensed psychologist, the BOP (Board of Psychology) expects you to comply with strict standards in your practice. Your role as a psychologist is a valuable asset in the community, both professionally and personally. Your primary responsibility is to support people in maintaining their mental health and general well-being while offering them a secure and trustworthy environment for therapy sessions. 

Unfortunately, despite your efforts to help people improve their mental health and live optimally, a minor mistake or error when treating your patient could attract negative repercussions, including practice license revocation.

As soon as you receive the BOP’s investigation notice, you should hire an attorney to help you request a hearing or file a Notice of Defense to avoid default suspension of your license. Our profound attorneys at San Bernardino License Attorney can guide you through every stage of the administrative process to secure a favorable outcome.

A Psychologist's Scope of Work

A psychologist's responsibility in the community is undoubtedly priceless. People with various mental conditions will rely on your services and knowledge to regain their health. In a nutshell, here are some of your responsibilities as a psychologist:

  • Helping people overcome drug addictions.

  • Helping people with their social or personal relationships.

  • Helping in forensic investigation by helping investigating officers determine whether the suspect is insane or not.

  • Helping people overcome anxiety disorders, depression, and mental health issues.

Generally speaking, as a licensed psychologist, you must keenly observe and interpret your patients' behavior patterns to know what is going on in their minds for appropriate treatment or counsel.

Unfortunately, due to the subjective nature of your services, it is easy for misunderstandings or unrealistic expectations based on the treatment outcome to cause a patient to file a complaint against you. Considering what is at stake can significantly affect your livelihood, hiring a skilled attorney is essential if the BOP has contacted you regarding a complaint filed against you.

Your attorney will act as your legal counsel and representative when dealing with the board investigators and the administrative law judge (ALJ) to help secure the best outcome.

What to Expect When the BOP Receives a Complaint Against You

The BOP is the government agency responsible for licensing psychologists and their assistants and regulating their services. The board will investigate any case filed against a licensed psychologist or assistant psychologist as part of its duties. Once the board decides to investigate your case, they will send you an investigation notice to inform you of the complaints you are up against.

During the investigation, the board's investigators aim to determine whether the allegations you are up against are serious or minor. To help streamline the investigation process, the board could suspend your license temporarily, meaning you will not offer your services during that period.

It is reasonable to suspend your license regardless of how grave the complaints you are facing are to give the investigators ample time to unearth all the facts regarding your case. Unfortunately, despite the BOP's primary goal to protect the public's health, this investigation process could take several months or years, significantly affecting your source of income.

For a minor case, the board could close your case informally and issue a citation or a fine or ask you to undergo an educational review. However, if your case is serious or you are a repeat offender, the board will send it to the prosecutor for formal disciplinary action. That could make the board file a formal accusation against you or a statement of issues if you are a psychologist license applicant.

An attorney's early intervention can often mean the difference between receiving an informal action and the harsh disciplinary actions that could occur after filing a formal accusation. A reliable attorney will work to protect your license whenever possible to allow you to continue offering your services as a licensed psychologist.

If that is impossible, an aggressive attorney will not stop there. He/she can work to reduce the impact of a probationary term, revocation, or suspension.

The Board's Disciplinary Hearing

Once the investigation ends, the BOP will initiate a formal hearing to determine whether the allegations you are up against are true. During this hearing, the ALJ will listen to the evidence presented against you and your attorney's mitigating arguments to determine the appropriate cause of action.

Like in the criminal court, during this administrative hearing the prosecutor (the BOP’s team member) can present eyewitness testimony to support his/her arguments. When he/she wins the case against you, the ALJ will determine appropriate disciplinary action for your case. If the prosecutor's evidence is insufficient or weak, the ALJ will dismiss your case, meaning you will not face disciplinary action.

Examples of Disciplinary Actions You Should Expect

Unfortunately, in some cases, disciplinary action is inevitable. However, your attorney can present mitigating facts and arguments to help convince the board to impose the least restrictive disciplinary action. Examples of the disciplinary options to expect include the following:

License Revocation

In a serious case, the board could authorize the ALJ to revoke your license, meaning you must cease practicing psychology as a business. License revocation is the harshest sentence you could receive as a licensed psychologist at the end of the administrative hearing because it will limit your ability to offer your services to clients for many years.

Other times, the revocation is permanent, meaning you have to shift to another field, which could be challenging because of your work history.

License Suspension

License suspension will prevent you from offering your services for a specific period, depending on the seriousness of your unique case. Fortunately, unlike a revocation, you will qualify to apply for a license reinstatement after a particular period.

Surrendering Your License to the BOP

In non-serious cases, the board could require you to surrender your practice license for a limited period. During the license suspension period, you cannot offer your services because you do not have the required credentials to run the business. Usually, after three (3) years, you or your attorney can make an application with the board to receive your practice license.

Before returning your license, the board will conduct an in-depth probe to determine whether you are ready to comply with the required standards and work ethics. To increase your odds of securing your license back, you should work with a reliable attorney to help you file a reinstatement petition.

Letter of Reproval Issuance

You will receive a letter of reproval for your actions that could result in the suspension or revocation of your practice license. The reproval letter's content includes the alleged complaints or offenses, how to fix them, and how to prevent them from recurring.

The reproval letter also warns that future complaints about your behavior or practice could attract disciplinary action. The board is more likely to issue this penalty if the allegations you are up against do not involve your client. For example, you could receive this penalty for making false advertisements.

Ultimately, the specific disciplinary action you will receive will depend on the facts of your case and the aggressiveness of your attorney. A seasoned and aggressive attorney will know the best tactics to help convince the board you deserve the minimum or least harsh disciplinary action available.

Offenses or Complaints That Could Attract the Above Disciplinary Actions

The BOP will begin an investigation against you or your practice immediately after receiving a complaint against you. That complaint could be from your clinic staff member, patient, or law enforcement authority. Below are examples of allegations and complaints that could attract the above disciplinary actions:

  • Engaging in sexual contact or a relationship with your staff member or patient.

  • Working with an incompetent or untrained assistant.

  • Promoting systems of monetized referrals.

  • Obtaining your practice license through fraud.

  • Working while intoxicated by alcohol or narcotics.

  • Having a past criminal record.

  • Making false advertisements about your practice.

  • Engaging in insurance fraud.

  • Failing to keep your patients' information confidential.

  • Offering services that are outside your field of competence.

  • Gross negligence in your practice.

  • Abetting or aiding unlicensed psychology practice.

  • Unprofessional conduct.

Because the board's disciplinary actions can be very steep, hiring an attorney as soon as you receive a notice of investigation is wise. The attorney you choose can protect your legal rights and investigate the matter to craft defenses to challenge the allegations you are up against for the best possible outcome.

What to Remember if You Have Received the BOP's Notice of Investigation

After receiving the BOP’s notice of investigation, your steps afterward are vital to fighting the allegations you are up against for the best possible outcome. As a licensed psychologist, here is what to remember once you learn the board has started an investigation against you or your practice:

You Have Legal Rights

The board investigators could often scare you that you have no chance of winning the allegations you are up against, but that is untrue. They usually use these scare strategies to convince you to settle for a deal that is not favorable to you. However, like in a criminal case, you have legal rights that you should protect if you have any disciplinary case.

For instance, you have a legal right to request an administrative hearing before an ALJ to challenge the allegations or complaints you are up against for a favorable outcome. Most importantly, you also have a right to remain silent and hire an attorney to offer you legal representation in every stage of the BOP's administrative process.

You Can Negotiate a Favorable Settlement

Depending on the facts of your case, negotiating a settlement could also work in your favor to avoid the uncertainty of the administrative hearing. A settlement will also prevent you from having to file an appeal later if the administrative hearing ruling is not in your favor.

Generally speaking, the settlement could involve monetary reimbursement to the claimant in your case, eliminating the need for an administrative hearing. Your attorney can help avoid manipulative or unfavorable settlement agreements crafted by the claimant or his/her attorney in the case.

You Have a Legal Right to Hire an Attorney

While you can represent yourself after receiving the board's investigation notice, hiring an attorney for legal representation can help you stand a chance of securing a desirable outcome. Aside from being your legal advisor, your attorney can help you negotiate for a favorable settlement or the best possible outcome at the administrative hearing.

The sooner you hire an attorney, the higher the odds of securing a favorable outcome. That means you should hire an attorney as soon as you receive the board's notice of investigation about a complaint filed against you.

Examples of Crimes That Could Jeopardize Your Psychologist License

A criminal charge for an offense closely related to your services and qualifications as a psychologist could also put you in trouble with the BOP and possibly attract detrimental disciplinary actions. Examples of these offenses include:

  • Driving under the influence (DUI) — You commit a DUI offense when you drive under the influence of alcohol or any other controlled substance, including prescription drugs.

  • Possession of a controlled substance — According to Health and Safety Code 11350(a), you commit this offense when you carry or possess a controlled drug substance.

  • Insurance fraud — As the name implies, you commit this offense when you knowingly obtain unentitled payments or benefits from your insurer or another person's insurer.

  • Domestic violence (DV) — You commit a DV offense when you commit abuse against any of the following individuals:

  1. Former or current spouse.

  2. Former cohabitant or current cohabitant.

  3. Any person you had a dating or intimate relationship with.

If you are under arrest for any of these offenses, you should expect the BOP to receive a report about the issue within a week to determine the appropriate penalty for your case.

Find a Credible License Attorney Near Me

While every case is unique, consulting an attorney before you respond to the BOP’s investigation notice is advisable. Aside from the possible suspension or revocation of your psychologist license, certain offenses could attract criminal penalties, including imprisonment and fines.

Our attorneys at San Bernardino License Attorney understand the impact of complaints or criminal allegations against a licensed psychologist. Whether you are a licensed psychologist or psychologist assistant, we will stop at nothing until we secure a desirable outcome in your case. Call us at 909-966-4095 to discuss your case with our understanding attorneys and know your options.