Having a professional license in psychology is a valuable asset because it allows you to study mental processes and human behavior, enabling you to help people understand and manage their actions, emotions, and thoughts. However, you could lose your license if you engage in some criminal activities like fraud, sex crimes, or are incompetent or unprofessional when handling a client. Losing your license means losing your career and a means to earn a living. This can affect you and the people who depend on you, including your family and clients.
However, San Jose License Attorney offers competent legal defense services that can help you when your psychology license is at risk. We possess the skills and experience to clearly explain your legal situation and assist you in navigating all administrative processes successfully. We can also defend your rights and license as we work to achieve the best possible outcome in your situation.
Reasons Why Your Psychology License Matters
Training as a psychologist is a noble thing because it imparts you with critical skills to help people with a wide range of needs. You can work in an educational setting, including universities and schools, as a teacher or researcher. You can also work in a clinical setting, such as a mental health clinic, hospital, or private practice. Psychologists also work in organizations and businesses, in the health sector, with sports teams and rehabilitation centers, and as forensic experts in correctional facilities and courts. This demonstrates the immense value of your services.
Specifically, your competence helps with mental health issues like anxiety and depression, and life stressors like divorce, trauma, bereavement, and work stress. You can help clients with behavioral problems like eating disorders, sleep issues, and addictions. You can be involved in a person’s personal growth, helping them with their relationships, self-esteem, and motivation.
A psychologist assesses and diagnoses mental health conditions through personality and aptitude tests, interviews, and mere observation. Through this, you can identify critical issues like developmental disorders, depression, and anxiety. You can also work as a psychotherapist or counselor, whereby you provide treatments and support to help people dealing with various issues. You can help clients cope with stress, manage it effectively, overcome addictions, and improve their relationships.
You can also be involved in research, whereby you study human behavior, emotion, and cognition to develop a better understanding and recommend practical interventions. Or, you can work as a consultant, offering advice in schools, organizations, and legal systems on a wide range of matters, like mental health, human behavior, or motivation.
However, to qualify and work as a psychologist in California, you require extensive training. This requires years of training and dedication to acquire the proper skills and experience. A degree in psychology requires about four years of comprehensive training. You need an additional two to four years to earn a master’s degree. A longer time is required to earn a doctorate, which makes you even more competent to offer your services in various sectors or industries. Once you earn your certification, you need time to gain some experience and confidence to provide safe, effective, and reliable services.
The Board of Psychology in California also mandates that you understand the code of ethics and laws governing this noble profession to earn a professional license. A general understanding of the law is also necessary to avoid engaging in activities that can ruin your career or reputation.
Sadly, you could lose all this in an instant if someone files a claim against you. This can be someone you have wronged while discharging your duties, an unsatisfied patient, an aggrieved family member, or even a colleague or employer. The Board of Psychology can take immediate action or investigate the case further to decide how to discipline you in case of misconduct or incompetence. This may result in lenient discipline, such as a citation and fine, or a more severe action, like the revocation of your license. A skilled attorney can help you defend your career.
Disciplinary Guidelines Set By The California Board of Psychology
This board has a set of disciplinary guidelines, which stipulate how it penalizes certified psychologists who violate the law or the profession’s code of ethics. A complete list of these guidelines is online and fully accessible to licensed psychologists. This ensures that you understand what is expected of you once you obtain a professional license, and what could happen if you violate any of the professional guidelines.
It is helpful to know that the board does not exist to assist licensed professionals when they encounter trouble, but rather to ensure that the public always receives quality and safe services. This means that the board can act against you if you do something that puts a patient at risk of harm. You must find a way to defend against any claims against you to protect your license and continue doing what you enjoy or have trained to do. A competent attorney can help you develop strategies that could result in a favorable outcome in the matter.
When a complaint reaches the board from anyone, the board can act on it. This means investigating the allegation to determine its authenticity and severity. You can deal with the board, with the help of an attorney, to dismiss the allegation. This may work if the allegation is minor or if there is evidence of rehabilitation on your part. In case of a serious accusation, your attorney will gather compelling evidence and prepare a statement in your favor to use during the hearing to influence the board’s decision. They can counter the evidence tabled against you or present mitigating factors, such as your good record of performance or excellent reputation, to influence the final decision.
Here are examples of allegations you could face as a certified psychologist, which may threaten your license or reputation:
- Drinking or doing drugs while working. Being addicted to substances or alcohol will also affect your professionalism
- General unprofessional behavior, whether while working or out of work
- Incompetence or criminal negligence when working with patients
- Exceeding the provisions of your license regarding the kinds of patients or conditions you treat
- Having a prior criminal record or a current criminal arrest that substantially relates to your profession
- Committing insurance fraud, or any other fraudulent act
- Serving patients without a legal license
- Obtaining your permit through fraud or any other criminal act
- Allowing people to work with you without proper training or a permit, in a capacity that requires it
- Giving or receiving kickbacks for patients or referrals
- The use of deceiving or false advertising to fraudulently gain clients
- Violating a patient’s confidentiality
- Any sexual misconduct against a patient, or engaging in sexual relations with patients
Although the board does not always pursue all claims, it is advisable to prepare thoroughly to counter any allegations that could impact your livelihood.
The Administrative Process by the Board of Psychology
The administrative process starts once someone files a claim against you with the board. This can trigger a reaction by the board, depending on the seriousness of the claim. If the claim is minor or unfounded, the board can dismiss it before taking any action. In this case, you may not even know of the claim. However, if the claim is serious and there is evidence of unprofessionalism, the board may pursue it. You will be notified that you are under the board’s investigation and be given a date for an administrative hearing, when you are expected to appear before an administrative judge.
The investigation by the board can take anywhere from a few days to several months, depending on the severity of the allegation. You can hire legal help immediately after the notice to prepare well for the hearing. Having an attorney early enough can also work in your favor, especially if there is room for negotiation before the hearing. If the board can dismiss the allegation, an aggressive attorney can negotiate on your behalf before the hearing. If this does not work, you can prepare well for the hearing with compelling evidence and statements.
Once the board completes the investigation, it may involve consulting an expert to review the evidence and determine the next course of action. The board can dismiss the allegation at this point if there is no substantial evidence against you or if your circumstances have changed. For example, if you were engaged in crime and have since reformed and built a solid reputation for yourself, the board may not have substantial reason to take action against you. However, if there is enough evidence to pursue the matter further, the board will hold a hearing.
You must attend the hearing alone or with your attorney to present your defense and hear the board’s conclusion in the matter. The administrative judge presiding over the hearing will review the evidence gathered against you by the investigation team, and the evidence you bring in court to counter the allegation. You will also be allowed to make a statement in person or through your attorney. The judge will give the final verdict after hearing the statement and reviewing all the evidence.
Possible Outcome and Disciplinary Actions
Once the final verdict is out, the board can take action against you, depending on the severity of the claims against you. Some of the disciplinary actions the board uses on licensed psychologists include the following:
A Letter of Reproval or Reprimand
This is a formal statement issued by the board, detailing your wrongdoing and warning you against engaging in similar conduct in the future. A reprimand is more like a warning against professional misconduct. Although this is all you get, which may not significantly impact your career, it can affect your job or reputation. Your current and future employers, as well as patients, can easily see a public reprimand. This may impact your work relationship and make it challenging for you to secure new patients in the future.
Citations, Fines, and Civil Penalties
The administrative judge may issue you a citation requiring you to appear before a judge. The judge will determine the fine and other penalties you must pay for the violation. For example, if someone was injured through your misconduct, you could be required to pay the victim restitution, on top of a fine.
Citations are also public issues, meaning that they can significantly impact your career and job prospects. The fine and civil penalties can amount to so much money, which may be difficult to raise if you are facing financial difficulties.
License Probation
The board can place you on probation to assess your performance after a reprimand or rehabilitation. Being on probation means that you will engage in supervised practice, with strict conditions. The board will establish these conditions in accordance with the nature of the violation and outline possible consequences in the event of a violation. If you fail to comply, your license can be suspended or canceled.
License Revocation
In more severe violations involving serious physical injuries, death, or significant financial losses, the board can revoke the psychology license. This means losing your psychology license permanently, including your livelihood and career. Although revocations are rare, they can occur if you pose a risk to the public.
However, a skilled attorney can negotiate for a reasonable resolution, such as probation or a suspension. License suspension is temporary, meaning that you can reinstate the license after the period set by the board. Your attorney can also assist you with the reinstatement procedure to increase your chances of redeeming your career.
Find a Skilled Psychology License Defense Attorney Near Me
Studying psychology is not enough to become a renowned psychologist in California. You must receive excellent training, experience, and a license to offer your services within the state. However, your license is always at risk of revocation when dealing with various types of patients. The Board of Psychology will not hesitate to end your career if you engage in an act that puts the public at risk of physical, emotional, or financial harm.
However, our skilled defense attorneys at San Jose License Attorney can help you defend your license. We work closely with professional license holders like you to overcome any allegation that puts your license at risk. We can negotiate with the board for a case dismissal or present evidence to fight the claims and achieve a favorable outcome. Contact us at (669) 330-4517 to start the administrative process with us.
