You need high qualifications to obtain a psychology license from the Board of Psychology in California. This translates to years of learning, dedication, and practice. You must also demonstrate knowledge of laws governing licensed professionals and the code of ethics governing psychologists. A license enables you to offer services to help those in need and for a living. Sadly, you can lose it in case of a violation or professional misconduct.
The board does not take violations lightly, especially if they put patients or the public at risk. Since its mandate is to protect the public, the Board of Psychology can take stern action against you even for a minor offense. It could place your license on probation or suspend or revoke it. This affects your livelihood and your ability to help society.
However, you can protect your license with our support at San Luis Obispo License Attorney. We know how hard you have worked to obtain it and how much your career means to you and those who depend on you. We can use our best defense strategies to safeguard your career through our quality advice and support when you face professional misconduct allegations in San Luis Obispo.
The Roles of Modern Psychologists
Psychologists possess unique skills in understanding and interpreting human behavior. They can analyze a person’s behavior concerning the workings of their mind or external factors like their immediate environment. Although psychology is mainly based on theories developed by intellectuals many years ago, it can help people handle their personalities and relationships better. This job requires extensive reading, training, and practice. You should be able to investigate a person’s behavior through questions and character interpretation and provide timely and sound feedback to help the person make a positive change in their life.
Sometimes, psychologists use scientific techniques to identify and interpret behavior patterns. A scientific test could provide an answer you need to explain human behavior and provide a solution. The results of such tests could help you determine the proper treatment to administer in a particular case or predict a patient’s likely behavior in the future. This, too, requires advanced training and hands-on experience to ensure you can correctly diagnose and treat a person with specific behavioral issues.
Some psychologists specialize in one area of study, like substance abuse. These go through additional training to understand drug and substance addiction and abuse concerning mental, social, and environmental factors. Substance abuse psychologists are mainly based in hospitals, local clinics, or rehabilitation centers, where their services are mostly needed. They deal directly with vulnerable patients and desperate families seeking a quick fix for their kin.
Other psychologists run their practices. Individuals, families, and friends seek help understanding behavior and finding solutions. Some people will seek your help for grave concerns like depression, addiction, suicidal thoughts, and grave mental conditions. You must carefully diagnose and recommend treatment to ensure the patient recovers well and the families are satisfied. You are also expected to refer if a patient comes in with a problem beyond your scope of practice. Failing to do so could result in grave misconduct issues that could threaten your license.
The roles of psychologists are critical and diverse. Your ability to change a person’s life for their benefit, and the benefit of a family and society is why so much expectation is placed on psychologists. When a high expectation is placed on a licensed professional, a simple mistake, oversight, or misunderstanding becomes a significant issue. A complaint from your patient, their family, or colleagues can trigger an investigation by the Board of Psychology, affecting your permit and livelihood. Sadly, some of these issues are inevitable. Working so closely with vulnerable patients and desperate families puts you in danger of allegations and lawsuits.
However, a complaint or lawsuit does not disqualify you from holding a license. Some allegations the board receives are false, baseless, or minor. They are not enough to cause you to lose a license that took you a long time of hard work and dedication to obtain. A competent license lawyer can assist you in defending your livelihood and license.
Disciplinary Guidelines Used by the Board of Psychology
The Board of Psychology's website clearly outlines how it disciplines licensed psychologists found guilty of professional misconduct. This information can assist you in realizing what to expect based on the accusations you face. It should also help you develop a solid defense to avoid penalties that could affect your career and reputation.
Although the board works closely with licensed psychologists and those who need licensing, its mission is usually to the public and not to the professionals. The board protects public interests by ensuring licensed professionals only offer safe, quality, and competent services. That is why it could seem as if it is working against you when someone files a complaint against you. The board will do everything possible to keep the public safe, including revoking or suspending licenses and denying license applications.
However, the board first investigates claims against licensed psychologists before taking action. If the complaint against you is valid, the board will notify you of the investigation and call you for a hearing once substantial evidence is available against you. You are allowed to have an attorney for legal representation and defense. You are also allowed to table evidence and provide statements to defend yourself. The judges pressing over the hearing will give the final verdict after reviewing the evidence from the board and your defense.
You can negotiate with the board for a fair resolution if it has solid evidence against you. Your attorney can present exculpatory evidence and mitigating factors to compel the judges to rule in your favor. For example, they can use your incredible record to demonstrate your high-performance record over the years. Your attorney can also call witnesses, including some of your colleagues and patients, to speak in your favor. If this works well, the board can dismiss your charges or agree to a fair disciplinary action.
Here are possible allegations you can face as a licensed psychologist in California:
- Alcohol and substance abuse while on the job
- General professional misconduct
- Incompetence or gross negligence when recommending treatment
- Exceeding your license limitations in the type of patients you handle or treatments you administer
- Facing criminal charges or a past conviction that substantially affects your practice
- Committing fraud, including insurance fraud
- Obtaining your psychology license through fraud
- Letting unlicensed or incompetent assistants work in a position that requires qualifications
- Receiving or offering payments for referrals
- Using misleading or false marketing strategies
- Violating your patient’s confidentiality
- Sexual abuse or having sexual activities with a patient or anyone who was your patient
Possible Outcome of Allegations Against Licensed Psychologists
When someone complains to the Board of Psychology about a licensed psychologist, it investigates the matter to determine its authenticity and gather evidence. The board does not take immediate action against the alleged offender except in cases where you threaten public safety. If you threaten public safety, the board could suspend your psychology license pending investigation, meaning you will not offer your service or earn a living within that period. However, you can fight the suspension with the help of a skilled license attorney. Your lawyer will aim to keep you working as they work on your defense.
The board must notify you of the complaint it has received and the action it intends to take against you. It will also inform you of a pending investigation and the date you must appear before administrative judges for a hearing. You should hire an attorney immediately after receiving this notification. This helps you understand the gravity of the issue, possible discipline, and how to defend yourself.
The board does not act on all complaints it receives against licensed psychologists. If the allegations against you are unsubstantiated, or there is no credible evidence to back the complaint, the board will dismiss the matter. It can be done before notifying you or after starting the investigation. If your case is dismissed, you will not need to do anything to defend yourself. However, you should plan well for defense if you must appear before administrative judges to answer the allegations.
Here are the possible outcomes of a professional misconduct case against a licensed psychologist:
A Citation
The board can issue you a citation if you face minor complaints that could harm your patients or anyone else. This is done through the board’s website. A citation warns you against the violation and orders you to pay a fine. This is the most lenient form of discipline you can receive for unprofessional conduct. However, it can still damage your reputation and career prospects.
Your attorney can defend your reputation by challenging the citation. They can also fight the fine or compel the board to dismiss the allegations.
A Reprimand
The board can issue you with a reprimand to warn you against similar misconduct in the future. Reprimands are also issued through the board’s website, which can destroy your reputation and career. However, a skilled attorney can challenge the public reprimand to protect a reputation that took you years of hard work to build. They can also challenge the allegations to compel the board to dismiss them.
License Probation
The board could place your psychology license on probation for a particular period as you resolve the issues that caused you to violate your code of conduct. For example, you could be on probation as you seek treatment and rehabilitation for alcohol or substance addiction. Probation seems favorable since you will earn a living, but your working conditions will be restricted. The board sets probation conditions that you must adhere to during that period. These conditions could make it difficult for you to discharge your services as you should. They could also infringe on your freedom and some of your rights.
Your attorney can push for more favorable probation conditions and shorter probation. They can also fight the probation or compel the board to dismiss your charges.
License Suspension
The board will suspend your psychology license in case of a significant violation that harms or puts a patient’s well-being at risk. Although license suspensions are usually temporary, they affect your career and livelihood in many ways. You will not work during the suspension, and if you do, you risk facing a grave criminal charge that could result in incarceration and a hefty court fine. License suspension could also result in job loss and challenges in securing employment after the suspension period. Once the suspension period is over, you must apply for the reinstatement of your license through a long, complex, and tedious process.
An aggressive lawyer can fight the suspension to ensure you keep your job or license. They can bargain for a more favorable resolution, like probation, which allows you to continue working while serving your penalty. If the board suspends your license, your lawyer will help you with the reinstatement process to improve your chances of success.
License Revocation
Although license revocations for psychologists are rare, they happen in cases of grave violations. If your actions caused a patient or someone else to lose their life or suffer significant bodily harm, the board can revoke your license. Revocation is usually permanent, meaning you will no longer practice your career.
An experienced attorney can challenge this using compelling evidence or mitigating factors. They can demonstrate your remorse, willingness to undergo treatment or rehabilitation, and additional training to become a better psychologist. If this works, the board can resort to a more lenient penalty, like license suspension or probation.
Find Skilled License Attorney Services Near Me
Being a licensed psychologist in San Luis Obispo does not guarantee a lifelong practice. The Board of Psychology is always looking for unprofessional conduct and other violations that can trigger suspension or revocation of your license. When that happens, you risk losing a career you have worked hard to build.
We can help you develop fighting strategies to compel the board to reconsider its disciplinary action against you at San Luis Obispo License Attorney. We can also help you navigate the administrative processes as you defend your license and livelihood. We will review your situation to advise you on your options and rights. Call us at 805-465-2766 to discuss your case and our services more.
