Psychologists play a crucial role in our modern society. After undergoing several years of education and gaining relevant experience in clinics and hospitals, most psychologists go into private practice. However, to lawfully offer your services as a qualified psychologist, you must secure a valid license from the BOP (Board of Psychology).
The BOP is the agency responsible for licensing and overseeing psychologists. As part of its mandate, the BOP will investigate every complaint it receives about a licensed psychologist. Whether the complaint is from a patient, the public, or law enforcement officials, the board treats every case seriously and could initiate an investigation against you, leading to disciplinary action.
When you face any complaint or allegation that could compromise your psychologist practice license, our attorneys at Los Angeles License Attorney would gladly help. We will offer you the aggressive legal representation you need during these stressful times to secure a favorable outcome.
The Valuable Roles of Licensed Psychologists
Psychologists are extremely valuable people in society at both personal and professional levels. As you complete your education and training and secure your practice license, you can help individuals who are battling mental health and emotional disorders. Some of the conditions you can help fix include anxiety, drug use disorder, depression, and anger issues.
Some psychologists can also help in forensic cases. As a psychologist, you can also assist prosecutors and law enforcement in determining whether the actions of some defendants were reasonable enough to warrant criminal prosecution. These are some of the services you cannot offer without adequate training and experience.
As a licensed psychologist, you can also perform certain scientific tests to determine the cause of certain behaviors in your patients and prepare an appropriate treatment plan. The nature of your duties as a psychologist requires dedication and excellent skills, as you will be working directly with your patients and, at times, with your loved ones.
That could put extreme pressure on you, especially when the patients’ or their loved ones’ expectations are unrealistic. Sometimes, under pressure, you may make an error when diagnosing, recommending, or treating a patient. When that happens, you could find yourself fighting to keep your practice license. If you are in this situation, seeking legal representation from a seasoned attorney is advisable.
While it seems like an issue you can maneuver and win alone, having a credible attorney on your side can help level the playing field and increase your odds of securing a positive result.
Accusations That Could Compromise Your Psychology Practice License
The BOP investigation into your practice as a psychologist begins when it receives a complaint or accusation of professional misconduct or criminal violation. Common accusations that could attract the board’s investigation and likely jeopardize your psychologist practice license involve the following:
Incompetence
When a patient or his/her family member suspects that you are incompetent or lack the necessary skills and ethics to offer your services effectively, he/she could file a claim or complaint against you. If the patient’s opinion, the allegation could attract detrimental disciplinary actions, including license suspension.
Offering Services Outside the Scope of Your Practice
Engaging in services that are outside the scope of your practice as a psychologist could compromise your professional license. That is particularly true if the patient suffered an injury as a result of the services.
Harassing Your Patients Sexually
Engaging in any form of sexual contact with your patient is another serious violation that could make the board revoke your professional license as a psychologist. In addition to being a crime, sexual abuse of a patient is a violation of the BOP’s code of conduct.
Using a Paid Referral System
As a psychologist, you should never ask, accept, or offer payment to refer a patient to another professional. If you have to refer a patient to another professional, the board expects you to do so in accordance with established policies and to ensure fair and just ways to attract your customers.
Otherwise, accepting, requesting, or offering payments to refer a patient is a violation that could lead to the revocation or suspension of your psychologist’s license.
Using Fraudulent Means to Secure Your License
The BOP expects you to pass through a certain set of strict criteria to secure your psychologist practice license, including education and training requirements. If you exaggerated or used illegitimate documents or committed corruption to secure your psychologist license, the board could take serious disciplinary action against you.
In addition to endangering your patients’ safety, these unethical acts undermine the integrity of this noble profession.
Being Drunk or Intoxicated at Work
Being drunk or abusing substances while at work is an irresponsible behavior that could attract the BOP’s investigation against your psychologist license and practice. Naturally, if you have drugs or alcohol in your system, coordinating your thoughts and actions could be challenging.
Also, being intoxicated by drugs or alcohol while at work can make it difficult for you to have face-to-face conversations with your patients, which is a critical part of your job. If a patient is dissatisfied or uncomfortable with your conduct, he/she could file a complaint against you with the licensing board.
Like any other kind of malpractice, an allegation of being intoxicated at work could put your psychologist’s license at risk of the BOP’s disciplinary action.
Employing Untrained Staff
To ensure the smooth operation of your practice, you may need to hire staff to work under your license and supervision. When you choose to hire staff to work under your practice license, you should ensure they are qualified and trained. When you hire unqualified personnel, you could be criminally liable for his/her mistakes and incompetence under the vicarious liability legal theory.
Additionally, the BOP could also take disciplinary action against you when it learns that you hired unqualified or untrained staff to work under your practice.
After receiving any of the above complaints against you, the BOP will commence an investigation into the matter. Based on the findings your licensing board investigators, the board could decide to handle the matter through disciplinary or non-disciplinary measures. In non-serious cases against licensed psychologists, the BOP could impose non-disciplinary measures such as:
- Dismissal of the case without any penalty
- Fine and a citation
However, if the investigations reveal more credibility in the allegation filed against you, the BOP investigators will file a formal accusation against you and issue you a notice. When then BOP investigator files a formal accusation against you, an administrative hearing will occur to determine whether your case deserves disciplinary action.
Steps To Take When the BOP Receives a Complaint Against You
Regardless of the seriousness of the allegations, understanding what to do when someone files a complaint against you can make a significant difference in the outcome of your case. Once the BOP investigators file a formal accusation against you, you must respond as soon as possible and request a formal hearing.
Like a criminal case, you deserve a chance to present your side of the story when a patient files a complaint against you with the BOP. However, the legal defense process could be complex, and you require the services of a skilled criminal defense attorney to challenge the alleged violation.
Your attorney can also help you navigate the confusing disciplinary process and investigate your case to prepare the best legal defenses to help you challenge the allegations and protect your career as a psychologist. Generally speaking, the disciplinary process with BOP involves the following:
- Submitting your response to the alleged complaint within not more than fifteen days after receiving an official notice of the accusation filed against you
- Engaging in the case’s discovery process and requesting the BOP’s evidence against you
- Consulting with a few eyewitnesses who can give their testimonies in your favor
- Consulting with a seasoned and reputable license defense attorney for legal counsel and representation on the case
- Negotiating a favorable settlement with the involved patient
- Challenging the allegations and complaint filed against you at a formal hearing at the administrative hearing
A skilled attorney will work diligently to secure a favorable settlement with all parties involved as soon as possible. However, if that is not an option, he/she will have to defend the allegations at the administrative hearing before an ALJ to secure the best possible outcome.
If your case necessitates an administrative hearing, you must prepare adequately because the outcome of the hearing could have detrimental consequences on your career as a psychologist.
Practical Legal Defenses Your Attorney Could Use at the Administrative Hearing
Even when your case progresses to the administrative hearing, it does not mean a suspension or revocation of your practice license as a psychologist is automatic. An aggressive license defense attorney can apply the following legal defenses to help you secure a case dismissal or a favorable disciplinary action that does not affect your ability to practice and earn income.
Here are examples of viable legal defenses that could work to your advantage to secure a positive outcome:
Mistake of Facts
Your attorney can argue that your decision was based on an honest misunderstanding, meaning your actions were unintentional.
The Evidence Presented is Insufficient
The board bears burden of proving that the allegations filed against you are true beyond a reasonable doubt. Therefore, it is a valid legal defense to argue that the evidence presented against you is insufficient.
The Patient Did Not Sustain an Injury
The board representative must prove to the ALJ that your violation or negligence led to the patient’s injury or harm. That means arguing that the patient did not sustain an injury is a viable legal defense. While this legal defense might not completely dismiss your case, it could convince the ALJ to impose a lighter disciplinary action for your violation.
A seasoned license defense attorney will know which legal defense argument will work to your advantage to secure the most favorable outcome possible.
A Look at the BOPs Disciplinary Actions You Could Face
The seriousness of the disciplinary measures the ALJ will suggest to the BOP after a conviction at the administrative hearing will depend on various factors, including the following:
- Whether the patient sustained an injury or harm
- Whether you have a record of a similar or related violation on your record
- The seriousness of the allegations
- Your criminal background
- The number of complaints filed against you
If securing a dismissal of the case is impossible due to the amount of evidence available against you, the ALJ will convict you and impose disciplinary action. Based on the factors listed in the previous paragraph, you could face any of the following disciplinary actions:
- License revocation
- License suspension
- A reproval letter (a summary of the allegations filed against you)
- License surrender
- License suspension and fine
Reasons You Should Retain a Skilled Attorney for Your BOP Case
When your source of income and career as a psychologist are at risk, hiring a skilled and reputable license defense attorney is a decision you cannot regret. A skilled attorney can intervene and help protect your career and source of income by:
- Offering legal advice on how to handle the case and investigations
- Thoroughly investigating the allegations filed against you
- Challenging any exaggerated or untrue accusation aggressively
- Crafting appropriate legal defenses for your case
- Representing during settlement negotiations
- Presenting appropriate legal defenses at the administrative hearing
- Helping you file an appeal for reinstatement of your psychology practice license
Find a Competent License Defense Attorney Near Me
If you have received the BOP’s notice of accusation or investigation, it is natural to feel confused, anxious, and stressed, but you have options. With the legal assistance of a skilled license defense attorney, you could secure a dismissal of the case or a lighter disciplinary action. At Los Angeles License Attorney, we help you gather appropriate legal defenses that can work in your favor to secure a desirable outcome.
We understand what your practice license means to you as a qualified psychologist and will aggressively challenge the BOP’s case against you to secure a desirable outcome. Call us at 424-554-1140 to discuss your case with our experienced license defense attorneys immediately.
