Psychologists make significant contributions to our society's social structure. After gaining experience in hospitals or clinics, most practitioners enter private practice. To legally practice as a psychologist, you must have a valid psychology license from the Board of Psychology.
The law permits this Board to handle administrative tasks related to license issuance. The Board also receives complaints about practitioners charged with negligence or malpractice. If you face any allegations that could jeopardize your professional license, contact our attorneys at the Riverside License Attorney to defend your rights and license.
The Role of Psychologists
A psychologist can assist individuals dealing with various emotional and mental health disorders. They can also help individuals struggling with various addictions. Patients can overcome their challenges and restore their mental well-being.
Some psychologists also handle forensic cases. This includes working with individuals involved in criminal cases, whether resolved or pending. During the investigative process, a psychologist can uncover relevant facts to determine if a defendant in the case is rational and, consequently, subject to criminal prosecution.
A psychologist deals with issues of mental disorders such as:
- Anxiety
- Depression
- Other mental conditions
They use scientific methodologies to establish patterns and predict behaviors displayed by their patients. These patterns generate prognoses about future patient behavior and develop solutions to progressively change the patient's conduct.
Accusations That Can Cause the Loss of a Psychology License
After a client or third party files a complaint about your practice, the Board of Psychology will investigate the exact circumstances surrounding your actions. The board will then issue their judgment on the necessary disciplinary measures if deemed necessary. Complaints against psychologists have been lodged about various issues, including:
Practicing Outside the Limits of Your Practice
When you practice beyond your scope of practice, you put yourself in danger of complications. For example, the possibility of harming your patient, being subject to legal action, and losing your psychology license, career, and reputation.
Incompetency
A third party or patient could suspect you lack the necessary ethics or skills to fulfill your duties effectively. This suspicion could arise from how you conduct interactive sessions and the information you provide to patients. If someone files a complaint with the Board of Psychology, the board may scrutinize you and gather evidence demonstrating your incompetence.
Sexually Harassing Patients
Psychologists can exploit their patients' vulnerable mental state to initiate sexual activity. Other patients actively seek sexual relations with their psychologists. Both scenarios are unethical and potentially damaging to your practice.
Some individuals engage in this behavior to discredit practitioners and have their professional licenses revoked. Third parties are responsible for most reported incidents. These individuals either observe inappropriate relationships or obtain information from clients visiting psychologists.
Although California’s Psychology Board could accept the claimants' concerns, it should conduct impartial and independent investigations to determine the cause of the issue. If they convict you of making sexual advances toward clients, the board’s members will then decide what actions to take against you.
Using Paid Referral Systems
Practicing psychologists should not use paid referral systems to acquire new clients. Instead, they should operate professionally within established policies and ensure fair methods of attracting new customers. Using a paid referral system violates contract law and creates an unfair competitive environment for other practicing psychologists.
In addition, the references could be false or overstated because they primarily focus on marketing the brand rather than attracting patients with specific therapy needs. Consequently, a group of psychologists could file an accusation against you for using paid referrals, potentially leading to your license being suspended or revoked for unjust competition.
However, a professional license lawyer can give justifiable reasons for your referral method and work to reduce any disciplinary action taken against you.
Fraudulently Obtaining a License to Practice Psychology
Some psychologists might resort to dishonest means to obtain their licenses if the legitimate application process takes too long. Fraudulent activities could involve fabricating documents that exaggerate one's qualifications. Another form of fraud might involve corruption.
This is where a practitioner bribes a licensing board member to expedite the process. These unethical practices undermine the integrity of the profession and potentially endanger public safety.
Consequently, the psychologist might commit fraud to expedite the permission process. The Board of Psychology can take various disciplinary actions against psychologists practicing under illegitimate licenses. Additionally, the individual may lose their business due to such unethical behavior.
Working While Under The Influence Of Alcohol or Drugs
Engaging in irresponsible behavior, such as showing up to work under the influence of alcohol or other substances, will undoubtedly jeopardize your ability to obtain a work license. Naturally, a person under the influence of alcohol or drugs cannot properly coordinate their actions and thoughts.
Consequently, the psychologist will likely make the client feel uncomfortable. While impaired, they might also violate the client's boundaries. Generally, such individuals cannot perform their job effectively. A client dissatisfied with this behavior can file a complaint with the appropriate board. This puts your practicing license at risk, just like other forms of malpractice.
Having a Criminal Record
Some clients could have reservations when learning about your past incarceration. The Board of Psychology may consider such concerns. However, judging someone based on their past behavior is considered unfair. Failing to share your criminal history details with potential clients risks complaints against your business, as this omission can foster distrust.
For psychological treatment to be effective, patients must feel secure with their psychologist. If people discover you have a criminal history, they could feel victimized and demand punishment for your actions. This can undermine the trust essential for successful therapy.
In addition, certain criminal punishments can prohibit you from carrying out commercial or professional activities. Under these circumstances, you risk losing your professional license if you continue to work under this restriction. However, your defense attorney can present reasons and justifications in your favor throughout the hearings.
Employing Unlicensed Staff
You need personnel under your supervision to ensure the smooth operation of a private practice or a complete clinic. Each individual plays a key role in maintaining all systems, as they have specific responsibilities. Therefore, they should be eligible and possess valid practice licenses. As the supervisor, you may be held liable if you cannot provide evidence of the necessary documentation.
The lead psychologist, responsible for ensuring all personnel have lawfully validated records, bears the duty of vicarious liability. The failed task may lead to a complaint against you. The complaint aims to uncover any additional weaknesses in your profession that could jeopardize your license.
Actions To Be Taken After Complainants Have Raised Allegations Against You
The Board of Psychology will evaluate the actions after receiving all complaints against you. They could then decide whether to conduct further investigations. Administrative law principles, including responsible behavior, reasonableness, and justification, guide their decision-making process. If your actions directly contravened these policies, the licensing board could authorize an additional investigation.
After the board decides to initiate an inquiry against you, you will receive a notification detailing the procedures they will follow to conduct their investigation. To alleviate the burden of conducting difficult and intrusive investigations, the board could decide to temporarily suspend your company. Additionally, depending on the situation's gravity, you may be suspended from your position.
If you or a loved one is charged with engaging in illegal activities, such as fraud, it is prudent to stop all operations until investigators uncover the truth. Professionals do this during their investigation to avoid potential conflicts or undue influences.
The investigative process could take a long, ranging from months to several years, despite the Psychology Board's clear determination to function independently. Your practice could suffer significant economic losses if this period is prolonged. Employees who are financially dependent on the company are also affected. Therefore, consult your professional license lawyer, who can pressure the board's investigating team to expedite the procedure.
Your licensing attorney can present evidence during administrative hearings demonstrating the extent of disruption you have experienced due to the interim suspension. You should not incur such losses for merely conducting inquiries, as you could ultimately be found not guilty. This is why the claim is legitimate and valid. Consequently, the detrimental procedure may prove pointless.
The Administrative Hearings
Once investigations are completed, California’s Board of Psychology will begin official hearings to evaluate whether you can maintain your mental health license. The assigned officials will listen to the responses to the allegations against you. You have the legal right to have counsel present during the proceeding.
You have the option of obtaining legal representation. Your attorney is better positioned to submit your documents and seek answers from administrative officials. Employing a lawyer also eliminates the possibility of bias, which is especially important if you have a personal relationship with any of the panelists in the regulatory environment.
If the hearings are successful, two possible actions could follow:
- The Board of Psychology may impose non-disciplinary punishment
- The administrative authority could take disciplinary measures against you
Professional Disciplinary Measures
Professional disciplinary measures by the Board of Psychology could be more serious for the alleged psychologist, as they may lose their license to practice. The results of disciplinary actions and their reasons could be accessible online for public viewing. Therefore, continuing your practice can generate negative publicity for your company. The board could take several actions against you, including:
Revoke Your Professional License
When the board approves revoking your license, you cannot practice psychology for profit in California. Terminating your employment is the harshest disciplinary action that can be taken against you, as it significantly restricts your ability to operate as a psychologist. The revocation may be permanent, meaning you must pursue a different career path. This could prove challenging, given your current track record.
License Suspension
A suspended professional license stops a psychologist from practicing for a set period. The duration could vary based on the nature of the crime. Unlike license revocations, you could regain your license once the suspension period ends. The licensing board may also mandate a probation period before initiating the suspension. This period allows you to demonstrate your innocence before the licensing board decides whether to proceed with the suspension.
Reprimand Letter
This letter reprimands you for conduct that jeopardizes your license. It outlines your shortcomings, ways to rectify them, and strategies to avoid future issues. The letter includes all these details to address your conduct and its potential consequences.
A letter of reprimand includes a warning that you will face additional severe consequences if you continue the behavior that triggered the accusations. Typically, this note is issued when your mistakes are less serious or destructive to customers than others. For example, you might receive such letters for engaging in deceptive advertising.
Surrender Your Professional License
The administrative Board of Psychology may require you to surrender your license to practice psychology, often for a short period. During this time, you will typically be unable to work since you do not have the documentation required on business premises. After 3 years, you could apply to have your practicing license reinstated.
The California Board of Psychology will conduct in-depth investigations, inquiring about your future business plans. The process is more complex than it may seem. Your license attorney will assist you in submitting the forms, significantly raising your odds of receiving a favorable outcome.
Additionally, they will remind you to take prompt action. For license restitution, it is essential to submit applications on time, as any delay would render the whole process ineffective.
How Can a License Attorney Help?
Your professional license lawyer can assist you in initiating settlements for aggrieved parties. Often, these settlements hinder you from appealing penalties or future claims against you, even if victims unfairly made them.
If a settlement is reached, the claimant may receive monetary compensation, eliminating the need for more administrative actions. With the help of your licensed attorney, you will be able to differentiate between legitimate settlements and manipulative ones created by victims and their lawyers.
Find a Professional License Attorney Near Me
Psychology is a respectable career that demands unwavering commitment and consistent effort. Consequently, you need the assistance of licensed, accredited attorneys to defend against malpractice allegations that could result in losing your practicing license. At Riverside License Attorney, we can help you navigate the administrative proceedings, provide legal advice, and offer additional support. We can legally assist clients who face issues with their psychology licenses. Call us now at 951-404-0569 to speak with one of our professional license attorneys.
