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Psychology

A lot is expected of a psychologist in San Francisco after licensing by the California Board of Psychology. In addition to demonstrating competence in your service delivery, the board expects you to maintain patient confidentiality, remain professional, and avoid mistakes that could result in physical or financial harm. Any violation of the code of conduct can result in the revocation or suspension of your license.

We work closely with licensed professionals like you at San Francisco License Attorney to ensure you are protecting your license and livelihood at all times. If you face disciplinary action by the board, we can fight it together or convince the agency to rule in your favor. Our primary role is to ensure you understand what is at stake and guide you in fighting for your career.

Why You Should Defend Your Psychology License

Training as a psychology expert in California takes years. You need eight to eleven years of specialized training after high school to obtain the necessary skills that qualify you for licensing. A bachelor’s degree in psychology alone takes four years, after which you need a doctoral program and additional years for supervised professional experience. Even after dedicating so much time and spending all the money for training, you must demonstrate the right skills and attitude needed to serve professionally and legally for the Board of Psychology to certify you. Sadly, all this does not protect you from disciplinary action by the board if you put your clients or the public at risk of harm.

Maintaining a psychology license can be as demanding as obtaining it. Licensed psychologists are constantly under the board’s supervision. If there is a complaint, the board takes swift action to protect the public, which could affect your career or livelihood. Here are reasons to fight such allegations and to defend your license:

To Protect Your High Level of Practice

A psychology license allows you to grow and advance in your career. The more advanced you become, the easier it becomes to attract new clients. Career advancement also comes with higher pay. An allegation against your practice or behavior can destroy your chances of advancing to that higher level of practice.

Maintaining a Stable Career and Earnings

Your reputation as a qualified psychologist determines how easily you attract clients or find work. If you have a good reputation, you can enjoy a stable career and earnings. An allegation against your license can ruin that, making it difficult to attract new patients or find work. You can even lose your job, which can affect your earning potential.

To Prevent License Suspension and Revocation

The greatest impact an allegation can have on your career is through suspension or cancellation of your license. Remember that your license gives you access to patients and many job opportunities within California. Sadly, a serious allegation of unprofessional conduct, negligence, or incompetence can result in the suspension or cancellation of your license. This will affect your career, livelihood, and reputation.

To Ensure Compliance with Professional and Ethical Standards

A lot is expected of trained psychologists before licensing. For example, you are required to demonstrate a certain level of competence and a deep understanding of the law, especially the laws that govern this profession. You must also understand the code of conduct expected of licensed professionals. An allegation could arise from your failure to comply with one or more of these standards. Defending your license is critical, as it demonstrates your commitment to complying with all the standards set by the Psychology Board.

Disciplinary Guidelines by The Psychology Board of California

Although it may seem as if the board exists only to license qualified professionals, its primary mandate is different. The board exists to protect public interests. This means that everything it does, including screening applicants and licensing qualified psychologists, is geared towards providing safe, effective, and professional services to the public. This also means that if there is an allegation against you, the board will impartially investigate it with the public’s best interest in mind. This may result in harsh discipline against you, just to ensure that the public’s interests are protected.

After licensing psychologists, the board is open to complaints in case of unprofessionalism, incompetence, or negligence. Your clients, colleagues, employer, or any other member of the public can file a complaint with the board. When the board receives such complaints, it carefully determines which complaints to pursue and which to drop. If a complaint is found to be unsubstantiated, the board will likely not pursue it. However, if the allegation is substantial, the board can launch an investigation to gather additional evidence before determining the best course of action.

Here are common allegations the board receives against licensed psychologists:

Sexual Misconduct

This is a very common allegation against licensed professionals who engage in sexual relationships with their patients. You can be accused of sexual misconduct if you make sexual advances against a patient or sexually assault them. It is a severe violation of the required ethical standards and the law, which can result in the suspension of your license.

Incompetence and Negligence

A complaint under this category can happen if you fail to meet the standard of care required of licensed psychologists in California. For example, if you fail to maintain proper documentation, or fail to treat your patients properly.

Breach of Confidentiality

You can be accused of this if you negligently disclose client information to another person or people without your patient’s consent.

Alcohol and Drugs Abuse

This happens if you abuse or are addicted to alcohol and drugs, and the problem is affecting how you perform your duties. For example, attending to patients while impaired by alcohol or drugs is a serious violation of the required code of conduct for licensed professionals.

Insurance or Billing Fraud

This happens when you charge unethical fees or submit false claims to an insurance company. Insurance fraud can also happen when you charge for services not rendered, or render unwanted services for financial gain.

Failure to Report or Warn

You have a duty or mandate to report if you suspect or notice signs of a serious issue like child abuse, child neglect, or elder abuse. You are required to report to the appropriate authorities when you have a reasonable suspicion of abuse. Failing to do so is a serious violation of your duty as a certified psychologist.

You should also warn your colleagues or anyone else treating your patients if there are threats from the client.

Out-of-Scope or Unlicensed Practice

This happens when you practice without a valid license, allow an unlicensed assistant to work in a capacity that requires a license, or exceed the scope of your practice when treating patients. Licensed psychologists must only practice within their competence or within the scope of their license. Providing services for which you are not licensed puts your patients at risk of harm.

Disciplinary Guidelines Against Unprofessional Psychologists

When the board receives a complaint against you and decides to investigate, it may take disciplinary action if there is sufficient evidence to prove your unprofessionalism. You should prepare thoroughly to fight for your license and livelihood.

The administrative process starts when the board notifies you of the investigation, and when you are expected to attend an administrative hearing. It is advisable to hire a license attorney immediately for guidance and help with defense. Your attorney will review your case and the evidence against you to advise you on the possible outcome of your case. They will also review various strategies that could lead to a favorable outcome in the matter.

A skilled attorney can negotiate an early settlement before the board files a formal complaint. If this works, it will save your time and protect you from serious disciplinary action. If it does not work and the matter goes to a hearing, your attorney will plan your defense well to convince the agency to dismiss the allegation or choose a lenient disciplinary action.

Here are possible results of an administrative hearing against an unprofessional certified psychologist:

A Letter of Reprimand (or Public Reproval)

This is very common for less serious offenses that do not pose a risk to the public. The agency can issue a reproval to show its disapproval of your actions towards your patients or the public. The letter, which is generally issued publicly, may not directly affect your license, but it can destroy your reputation. A reproval also comes with certain conditions you must meet, such as paying restitution to the victim.

If you receive such a letter and your reputation is at risk, your attorney can fight it. They can also negotiate for favorable conditions that do not significantly affect your finances or reputation.

License Probation

The agency can place your license on probation for a predetermined period, subject to certain terms and conditions. For example, if you are accused of incompetence, the board can place you on probation until you master the skills you lack to provide quality, professional services. You could also be put on probation while you undergo rehabilitation or treatment for an underlying issue, like anger management or drug addiction.

Probation also comes with strict terms and conditions by which you must abide. These may interfere with the way you work or live your life. Your attorney can fight for a favorable probation term or conditions.

License Surrender

Instead of suspending or revoking your license, the board may require you to surrender your psychology license voluntarily. This will permanently cancel your license or cancel it for an indefinite period. This disciplinary option is available if you are accused of a serious violation that poses a risk of harm to your patients. Once you surrender your license, you are given a particular period (generally three years) to petition for reinstatement. You could also be given strict conditions to fulfill before starting the reinstatement process. If your application for reinstatement is approved, you must provide the required paperwork to start working again as a certified psychologist.

License Suspension

This is a temporary move by the board to stop your career for a particular period. The suspension can be for months or years, depending on the nature and severity of the violation. The suspension can also come with terms and conditions before license reinstatement. For example, you could be required to complete a particular rehabilitation or treatment program, or take additional courses to qualify for reinstatement. Once the suspension is over, you must go through a reinstatement process with the help of a skilled license attorney. The board will only approve the reinstatement if you satisfy the set conditions.

License Revocation

This is the most serious disciplinary action. Although the Board of Psychology rarely uses it, it can happen if you negligently put the public at risk of serious bodily injury or death. By revoking your license, the board cancels it to ensure that you are no longer able to practice psychology in California legally.

Revocations are permanent. You lose a career you’ve built over years. A revocation also leaves you without a source of income, requiring you to start over and build another career.

If you are at risk of losing your license due to revocation, you need a well-structured defense strategy, with the help of a competent attorney, to stop it. Your attorney can fight for a more favorable resolution under the circumstances, like suspension or probation. They can also introduce mitigating factors to influence the board’s decision.

Find Competent Psychology License Defense Services Near Me

After working so hard to obtain a psychology license in San Francisco, it is unfortunate to know that you can lose it as a result of disciplinary proceedings. An allegation about your unprofessionalism, incompetence, or negligence can compel the Board of Psychology to take stern disciplinary action. This can result in the revocation or suspension of your license.

At San Francisco License Attorney, we understand that the board’s mandate is to protect the public. However, we also know that you deserve a second chance and should be allowed to defend your career and reputation. We can help you develop a solid defense against any allegations you face to achieve a fair outcome. Contact us at (415) 707-6383 to learn more.

The Individuals We Represent

At San Francisco License Attorney, we represent the following groups of professionals:

Architect

Chiropractic

College Disciplinary and Title IX Proceedings

Contractor and General Contractor

Criminal Defense

Dentists, Dental Assistants & Dental Hygienists

Respiratory Care Practitioner

Vocational Nursing & Psychiatric Technicians

If you’re facing issues with your professional license, contact us immediately. We’re here to help!

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Frequently Asked Questions

The common questions we are asked at San Francisco License Attorney include:

Most license discipline issues in California are determined through a formal hearing process according to the Administrative Procedure Act (APA). This law provides for basic due process through a hearing and written notices. This often happens if demanded by the person denied a license or the licensee before an administrative law judge. It usually takes place at the office of the Administrative Hearings. Some administrative issues are addressed informally through other procedures, like an informal citation or investigation.

Unlike other forms of trials, in a formal administrative disciplinary hearing, the bureau, board, or licensing agency makes the final ruling on the case. The department, bureau, board, or licensing agency can reverse the ruling of the administrative judge even if the judge finds in a licensee’s favor.

Most attorneys have licenses, but only a few have the competency to handle professional licensing administrative cases. An attorney must frequently attend the administrative hearings to be competent to handle licensing administrative cases. He/she must also have handled several professional licensing issues.

Professional licensing administrative cases can take many years from the initial incident to a final ruling. Only a competent attorney has the knowledge of the process. An attorney who does not attend administrative hearings or appeals of adverse rulings might not have the confidence, insight, or ability to deliver on a case.

There are provisions for license reinstatement. You can restore your revoked license upon showing rehabilitation. A defendant is required to wait for a period that does not exceed three years to file a petition for reinstatement. You will not have to requalify for the license. You only need to attend an administrative hearing or appear before a licensing board at a board meeting to ask for reinstatement. Other licensing agencies can ask you to reapply for the license.

The license applicant can request the agency to look into its ruling before the ruling becomes final. Reconsideration is often a chance to review the weakness in the administrative ruling. This allows new evidence and legal arguments to draw the licensing agency’s attention. It also gives an opportunity for objections before the administrative case ends. Sometimes, the agency can stay or delay the ruling for a short period to review the petition for reconsideration. The agency can request written or verbal arguments if reconsideration is granted. This can happen before a new ruling is issued, either changing or affirming the prior ruling.

Some license denials or formal punishments result in a stipulated settlement that can inform a plea bargain. The licensing agency will drop severe disciplinary action or outright denial of a license in a stipulated settlement. This can help achieve a faster resolution of the case. The license applicant is also allowed to waive their right to a hearing to avoid potentially more severe punishment or an outright license denial after the hearing. Stipulated settlements often result from negotiation between the defendant’s attorney and the agency’s attorney.

The terms of a stipulated settlement vary depending on the agency, department, bureau, or board. Certain cases can be settled for a reprimand, but many cases are settled for probation. Often, probation involves some suspended or stayed punishment and specific duties, like treatment, community service, or classes. You risk facing a previous suspension or stay of punishment if you commit a new violation during the probationary period.

A formal administrative hearing is more of a trial. It is presided over by a judge, a court reporter, and attorneys who present the cases. A highly trained attorney represents the state agency. He/she will handle licensing issues professionally throughout the whole process. The environment is usually less formal than the superior court because a jury is not allowed. The rules of evidence, which strictly apply in civil and criminal cases, are not as strict. The following will happen during an administrative hearing:

The evidence will be tabled.
The witnesses are cross-examined and asked questions
Making of closing factual and legal arguments

You will receive a flat fee or an hourly fee when you consult the San Francisco Licensing Attorney. We accept many forms of payment. This includes checks, cash, debit cards, and credit cards. We can bill your insurance company directly for your legal fees if you have license defense coverage on your errors and omissions insurance policy. Our company will do this if your carrier extends coverage to your licensing case. We will also ask your insurance company to reimburse you for your legal fees at the end of your case.

Most appeals of administrative rulings are made in the Superior Court. Also known as an appeal for writ of administrative mandamus, this process is extremely complicated. The Superior Court will demand written legal arguments and preparation of the administrative hearing record. The court will set a hearing after the written argument process. In most cases, the case will be sent back to the administrative agency with guidance from the Superior Court if the defendant wins the appeal.

Like in most criminal cases, a person denied a license or a licensee has a right to testify during the hearing, unless the Fifth Amendment rights are invoked. The licensing agency attorney will call you to serve as a witness if you fail to voluntarily testify on your own behalf. You should have a skilled license law attorney to prepare you for the hearing if you have an administrative hearing. Our San Francisco License Attorney team will take you through the questions during testimony. We will also protect you from improper or unfair questions from the prosecutor.

Find A Dependable License Defense Attorney Near Me

If you risk losing your professional license or the licensing board denies you a license, you should not give up. Our team at the San Francisco License Attorney has the knowledge and experience to handle your case, no matter how intricate. We understand every step of the license defense process, and you can count on our unwavering support. Our attorney helps a wide range of professionals to achieve the best possible outcomes for their license defense cases. For reliable legal representation, contact us at (415) 707-6383 to speak to our attorney.