Psychologists are great people because they play a crucial role in building the economic and social structure of the community. Most professionals enter private practice after working with government clinics or hospitals. However, a psychology business can only be legally recognized with a license. You should consult a skilled license attorney if your psychology license has been suspended or the board rejects your initial license application. An attorney can appeal a license denial or help you reinstate your license. At the San Francisco License Attorney, our attorneys are always ready to help you if your license is suspended because of professional misconduct, a criminal accusation, or any other reason.
Licensing Agreements
A licensing contract is vital because it grants you the right to operate your business smoothly. The security that comes with a license is important to your business because it protects your intellectual property. Securing a psychology license also grants you exclusive rights, prohibiting any other individual in the same business from copying or adopting your practice methods. The following are the standard license agreements you will receive:
- Copyrights.
- Trademarks.
- Patents.
The California Board of Psychology is the only body mandated to issue a license to psychologists. The board has the power under the law to carry out administrative duties concerning any issues related to the issuance of licenses. This board also receives complaints from the public and customers against psychologists engaging in professional misconduct. You should consult a reputable attorney if a client accuses you of any malpractice, which can put your license in jeopardy.
The Major Duties Of Psychologists
Psychologists generally handle patients suffering from different conditions associated with mental health. For example, you could be required to help an individual with social and personal relationships issues. Individuals suffering from addictions can also need your assistance for them to get over their state of mind and resume everyday life. Some psychologists also handle forensic issues. This involves individuals who had previously faced or are facing criminal charges. In this case, you have a duty to gather any crucial information that can assist in establishing whether people are sane and are fit to face criminal charges.
Psychologists also deal with issues like mental disorders, anxiety, and depression. You need to utilize scientific methods to develop a pattern and foresee any behavior that the patient exhibits. The patterns can assist you in predicting any future conduct and pursuing solutions to gradually change the patient's actions.
The Complaints That Can Cost a Psychologist His/Her License
The public or a patient can file a complaint against your practice mode. This will attract the board's investigation into the alleged misconduct. The board can impose a follow-up retributive disciplinary action if they establish that the accusations are true.
The following are some of the allegations that can make you lose your psychology license:
Unlicensed Psychologists Linked With Your Clinic
Your clinic can only run well if other psychologists work under you. These people are important because they ensure that all systems are working. Each employee is assigned a specific duty to perform. They must, therefore, have valid licenses and be qualified to practice. You will be responsible as an overall supervisor if your employees have no requisite documents to practice. The blame will be on you under vicarious liability because you have the duty to ensure that people working under you have valid documents. The patient or the public can file complaints against you because of this failed duty. The board will quickly investigate these allegations and any other weak links in your clinic. Your license can be revoked or suspended if the board establishes that you work with unlicensed workers.
Your Criminal History
Your former and prospective customers can have reservations about your practice if they discover you are an ex-convict. It is not good to hold a person against a particular bias based on past activities, but the board can consider past accusations against you. A patient can file an allegation against you if you fail to reveal your criminal record because it can build apprehension. Effective treatment can only take place if the patient feels that he/she is secure in your hands. Patients might feel cheated if they discover you have a criminal record, which can attract reprimanding action against you.
The psychology board will also not allow you to practice psychology if you serve active criminal penalties. You risk losing your license if you work at this discretion. However, your attorney can challenge these allegations and help you restore your practice.
Practicing While Intoxicated
You can lose your psychology license if you engage in negligent behavior, like attending to patients while intoxicated with drugs or alcohol. An intoxicated psychologist cannot coordinate their actions and thoughts properly. You can easily make your patient feel uncomfortable. There are also high chances of you trespassing on your space boundaries when you are intoxicated. You cannot deliver the best services in these situations, and a responsible client has a right to file complaints regarding your behavior.
Securing A Psychological License Fraudulently
There is often a lengthy process when applying for a psychology license. This sometimes makes most psychologists tempted to use fraudulent means to obtain a license. Fraud constitutes the fabrication of false documents, which portray your skills higher than they are. Alternatively, fraud can also be in the form of corruption, where you bribe an employee on the licensing board to quicken the process of license release. The board can impose several punishments if you practice with an invalid license. You risk losing your business if you engage in these behaviors.
Engaging In Monetized Referral Systems
A licensed psychologist should not depend on paid referrals to get new clients. You should work within the provided guidelines and professionally attract new clients. It is an offense under contract law to use paid referrals to attract clients because it causes unfair competition with other professionals in the same field.
Additionally, the referrals can be exaggerated or inaccurate because they focus on marketing a brand but not helping patients with specific needs. Doing this can make other psychologists file a complaint against you. If the board establishes that their complaints are valid, your license can be suspended or revoked for unfair competition. However, your licensed attorney can mount a defense against the allegation and help you face a lesser punishment.
Cohabiting With Patients
A psychologist can persuade clients and engage in sexual acts with them. The psychologist can do this if the patient has a vulnerable state of mind. In some cases, a patient can also convince you to cohabit or have a sexual engagement with them. A patient can do this with an ill motive to have your license suspended or revoked. Most sexual complaints are filed by third parties when they receive information or discover inappropriate relations. However, the board will first conduct its independent investigation even if it admits the claimant's complaints. The board will impose an appropriate disciplinary action on you if it finds you guilty of cohabiting with clients.
Incompetency
The public or a patient can claim you have no ethics or the right skills to practice psychology. A patient can make this conclusion by looking at how you carry out your interactive sessions. He/she will also use the information you give them to file accusations against you. The board will quickly investigate if a patient raises an allegation against you. It will gather the evidence that exhibits your incompetence, which it can use to impose a disciplinary action.
Acting Ultra Vires
The board can suspend your psychology license if you act in an ultra vires manner. This act involves working beyond the designated boundaries. For example, you will violate your profession's designated provisions and guidelines if you visit your patient's private home. Work ethics do not permit a psychologist to work beyond the scope of what he/she is expected to do. In this case, a patient can accuse you of trespass and any other misconduct you showed during your visit. Your offense will be severe if you insist on talking to your patient while at their private residence.
The Board Investigations
Once a patient files allegations against you, the board will evaluate the claims and determine if they will conduct further investigations. The board will make its decision based on the principles governing administrative law. The principles include reasonableness, justification, and accountability. The board can initiate further investigations if your action goes against these principles.
You will be served with a notice if the board decides to investigate you. The notice will notify you of the procedures involved during the investigation. Your license will be suspended temporarily to help ease the invasive and complex nature of conducting inquiries. The board will also suspend your license based on the severity of your offense. For example, your practice will be suspended if you are guilty of engaging in criminal activity like fraud. This action will be taken against you until investigators establish the truth. The board will take this step to avoid undue influence or conflict during the investigation.
The investigation process can be lengthy, given the board's definite goal to work independently. Investigations can last several months to years. The protracted period can cause substantial economic loss to your business. Your employees will also be affected because they will not be reporting to work. You should consult a competent attorney who can pressure the investigators to quicken the process.
The Hearing
The formal hearing will be initiated once the investigations are over. The board will schedule a hearing to determine whether you will keep your license. It will listen to your attorney's response to the allegations against you. Your attorney is better positioned to defend you and seek a solution from the administrative officials. Securing the services of an attorney will also prevent bias, mainly if you know any panelist in the regulatory setting. You can expect the following outcome from the hearing:
- The board can take non-disciplinary action against you or
- It can impose disciplinary action against you.
Some of the disciplinary actions can include:
Serving You A Reproving Letter
The purpose of the reproving letter is to reprimand a psychologist for their actions. This letter often contains the following information:
- The misconduct you are accused of.
- The guidelines on how to correct misconduct.
- The guidelines on how to avoid misconduct in the future.
You will also receive a warning in the reproving letter about facing severe punishment if you repeat the offense. This letter is only issued against minor offenses or less detrimental offenses.
Surrendering Your License
The board can ask you to surrender your license for a while. Unfortunately, it will be a crime if you are found practicing during this period because you do not have proper documentation. You can only apply for a license reinstatement after three years. However, you will be required to engage your attorney because of the complexity of the process. An attorney can help you apply and enhance your chances of securing restitution.
License Suspension
If your license is suspended, you will be barred from practicing psychology for some time. The suspension period will depend on the seriousness of the crime you committed. However, the good news is that your license will be returned once the suspension is over.
Do not try to fight the board alone because you will be disadvantaged. An attorney has handled many license defense cases like yours and understands the best defense strategies.
Find a License Attorney Near Me
Considering the time and effort you invested in acquiring your psychology license, you should never give up on your license without a fight. Contact an experienced attorney to help chart a defense strategy if your license is at risk. At the San Francisco License Attorney, we have committed attorneys who can fight against the allegations you face. Whether your case is intricate or straightforward, you can count on our unwavering support. We will do everything possible to obtain the best possible resolution of your case. Contact us today at 415-919-6594 to speak to one of our attorneys.
