It takes years of studying and practicing as a psychologist to secure a professional license. You must also pass an examination before the licensing board issues you the license. If your license is at risk because of disciplinary proceedings, you should act immediately. You are likely to lose your profession, hard work, livelihood, and dedication if you delay addressing the issue. A skilled license attorney who understands the laws driving the administrative investigations and hearings can assist you in gathering evidence that can challenge the allegations against you.
At the Santa Cruz License Attorney, we have competent attorneys who can help you protect your professional license.
Roles Of A Psychologist
Psychologists study the mental and behavioral disorders of patients and the challenges inherent in promoting change. They diagnose and treat patients suffering from a wide range of mental conditions. The application of the treatment involves many psychological therapy methods. They explore ways to help patients in hospitals or clinics through research and mental health programs. The following are some of the duties of a psychologist:
- Carrying out research and publishing the discoveries in journals
- Monitoring the progress of patients through regular meetings and sessions
- Assisting patients in defining their plan of action and goals to achieve personal, educational, social, vocational, and emotional development and adjustment
- Providing counseling and communicating with relatives where necessary
- Creating and interpreting therapeutic processes and treatment plans
- Determining and diagnosing psychological, emotional, and behavioral problems
- Observing patients and interpreting intelligence and personality
Psychologists encounter similar issues throughout their careers, but each case is unique, based on the patient’s background, support system, and other factors that promote progress. A psychologist requires the proper education and experience to apply the appropriate treatment method. This profession also requires desire, passion, and commitment to guide patients through mental health issues and daily struggles.
The Board’s Disciplinary Guidelines
The work of the Board of Psychologists is to protect patients and the public. It investigates allegations and imposes disciplinary actions if the claims are clarified. However, you can negotiate with the board even if you are guilty of misconduct or wrongdoing. You should also seek the services of an experienced license attorney. An attorney can help you present exculpatory or mitigating evidence that can lead to a dismissal or reduction of your charges. Your attorney can also help salvage your license by securing a stay of revocation and advocating for more lenient probationary terms.
Some of the allegations you can face include:
- Prescription errors
- Paying for or accepting referrals
- Unprofessional conduct and violation of ethics
- Violation of patient care
- Allowing another person to use your professional license
- Engaging in insurance fraud
- Providing services that go beyond your training and licensure
- Failing to maintain a patient’s records
- False advertising
- Violating the confidentiality of the patients
- Corrupt, fraudulent, and dishonest acts
- Procuring your professional license through fraud or deception
- Alleged substance or drug abuse while attending to patients
The Process Of Defending Your Professional License
You can file your response within 15 days and request a disciplinary proceeding if the Board of Psychologists files a formal complaint against you. Secure the services of a licensed attorney at this stage to help you develop the most effective defense strategies. Other crucial steps in the process are as follows:
- Showing up for an administrative proceeding presided over by the administrative law judge
- Legal representation in designated settlement discussions with the Board of Psychologists
- Coming up with arguments and defenses to fight the accusations
- Presenting professional expert case witnesses to testify in your case
- Participating in the discovery to understand the Board’s evidence against you
An experienced and proven license attorney will take you through the disciplinary process and assist you in securing the best possible outcome.
Disciplinary Orders And Punishment
Board penalties can have a significant impact on your psychology practice. The public can access most administrative orders once they have been imposed. This can cause potential reputational risk. Some of the orders can include:
Voluntarily Surrender Of License
You can choose to surrender your professional license to the administrative disciplinary committee. However, the board will only allow you to present your license after formal accusations have been secured against you. After presenting your license, you will be required to wait for at least three years before pursuing a reinstatement.
Interim Suspension Order
The board can issue an interim suspension order if it needs to act quickly to prevent an immediate patient risk. You could receive an interim suspension order leading to an automatic license suspension once the board receives claims of gross professional misconduct involving substance abuse or violence against patients. Affected patients will be allowed to file formal complaint forms once the board halts the immediate risks of harm to patients. This will be followed by a disciplinary hearing within 15 days of the issuance of the interim suspension order.
Letter Of Reproval
You can receive a letter of reproval instead of more severe action if your license attorney successfully strikes an agreement with the board. The letter allows you to negotiate a settlement to resolve the complaints you face, rather than facing revocation or suspension.
Licensure Suspension
You can also face a suspension order in addition to probation. If this happens, you will not be allowed to practice psychology for a designated period because your license will be invalid.
Serving Probation
The Board could impose probation as a disciplinary action upon receiving an official statement of accusations against you. This order will start working once the administrative law judge imposes it.
You will not be allowed to continue practicing psychology while on probation. This will remain effective until you have fully met the disciplinary requirements of the board. For example, the board can order you to pay restitution to the patients affected by your insurance fraud or require you to further your education.
Non-Administrative Orders
You are also likely to face the following non-administrative orders:
License Revocation
The most severe disciplinary action you can face is a revocation of your professional license. If this happens, you will lose your professional license indefinitely. You will be out of a job for a long time without the hope of a license reinstatement. License revocation often occurs if you commit a serious violation, like sexual abuse of a patient.
Closure Without Any Further Action
Some situations can involve false accusations, which result in administrative proceedings. However, the allegations can be dropped without facing disciplinary actions if the board establishes that you are innocent. Additionally, despite credible allegations, the non-disciplinary rule can also apply if the evidence presented against you is not convincing.
Citations And Other Penalties
Citations show the history of violations and severe disciplinary measures against you by the Board. Even if you retain your license, your information will be included in your psychologist’s records, and any person who requests it will have access to it. Citations often apply in wrongful acts, like misleading advertising, to prevent you from committing the crime again. Apart from a citation, you will be ordered to pay fines for your wrongdoings. The fine can be between $100 and $2,500 for every offense based on the circumstances of your case.
Warning Letters
Warning letters are usually confidential documents, which highlight your wrongful acts and statutory provisions that prohibit you from continuing with conduct of that nature. Additionally, a warning letter highlights possible consequences you will face for committing similar crimes in the future. Consequently, the purpose of warning letters is to inform you of the professional conduct you must observe.
Defenses You Can Present During A Psychology License Administrative Hearing
You can present the following defenses to challenge the allegations against you:
- You did not commit the said crime
- Your act did not cause harm to any patient. The board has the burden of proving the relationship between your act and the patient’s injury.
- You did not act negligently. Your attorney can claim that the alleged act did not violate the standard of care.
- There is not enough evidence. The board has a burden to gather sufficient evidence to prove that the allegations against you are valid. The judge can drop your charges if the board presents weak evidence.
- Mistake of fact. Your attorney can claim that your conduct was based on an honest misunderstanding, but not because of willful wrongdoing.
Additionally, your license attorney will evaluate the circumstances of your case to determine custom arguments to challenge the board’s allegations. The aim is to show that you acted reasonably and accordingly within the scope of your license.
Protecting Your Psychology License And Avoiding Penalties From The Board
You can follow the following steps to protect your license and avoid disciplinary measures:
- Observe proper office rules that protect the privacy of your patients
- Secure consent from your patient before administering any treatment
- Seek help if you encounter a challenging case
- Address the complaints from your patients immediately
- Ensure your malpractice insurance is up-to-date
- Carry out regular medical checks for impairment issues, which can affect your psychological practice
- Stay up-to-date with the new ethical rules and psychological care standards
- Exercise honesty on your website and advertisements. Do not exaggerate your professional skills.
- Maintain proper patient records because the board appreciates paperwork
- Build a healthy psychologist-patient relationship by upholding professionalism
The Importance Of Consulting A License Defense Attorney
It can be stressful if your license or profession is at risk. However, your license defense attorney can help you fight to protect your livelihood and profession. An attorney can help you in the following ways:
- Defending you aggressively at the time of the administrative hearing
- Representing you during negotiations with the board for a designated settlement
- Advising you on complicated disciplinary proceedings
- Fighting for you against exaggerated, malicious, and false allegations
- Carrying out a detailed investigation of the allegations against you
- Building solid defense strategies that align with the circumstances of your case
Reach out to an attorney once you learn of the board’s investigation against you. The sooner you consult an attorney, the greater the chances of securing a favorable outcome.
Conducting Yourself When Your License Is Under Threat
You could experience emotional anguish and crippling fear if you risk losing your license. This can have a negative impact on your quality of life. The possible relationship strains and financial hardships can be challenging to handle. You can consider the following to deal with the threats to your license:
Prioritize Your Wellbeing
Life is better if you are physically fit. In this situation, you are less likely to feel depressed and have more energy. Having sufficient rest, maintaining a healthy weight, eating a balanced diet, and engaging in regular exercise can be challenging initially. However, these habits can add structure and optimism to your life amidst the licensing board investigations.
Concentrate On Your Future
It can appear as if you will never overcome the loss of your license, but with time, you will go through the situation. Reflect on a future full of hope and new growth opportunities when you feel overwhelmed.
Exercise Self-Care
It is beneficial to develop healthy habits that can help you better cope with future uncertainty, even if the potential risks of losing your license are challenging to consider. You can suffer reduced self-confidence if you lose your professional license. If you do not adopt an emotionally supportive social network or a purposeful daily routine, the following can happen:
- You could become anxious, or
- You can experience a sense of professional identity loss
However, it is normal and healthy to grieve these tremendous losses. Allow yourself to process the painful emotions you are experiencing, rather than ignoring your feelings or feeling angry. The best ways to stay in touch with your emotions include talking with your partner, friends, going to therapy, or writing about your feelings. You can also maintain a positive outlook as you navigate these challenging times if you create time for leisure activities that you enjoy.
Find a Reputable License Attorney Near Me
An allegation of professional misconduct or wrongdoing can have a significant impact on your profession. The Board often takes these claims seriously. Your education and training require you to observe the highest standards, and any violation can put your license at risk. Unfortunately, most professionals who find themselves in this situation are unaware of how to defend their licenses. At Santa Cruz License Attorney, our legal team can use a proactive and aggressive approach to mitigate your problem. Our attorneys will strive to achieve the best possible outcome for your case. Contact us at 831-770-6474 to speak with one of our attorneys.
