THE CALIFORNIA BOARD OF PSYCHOLOGY DISCIPLINES PSYCHOLOGISTS AND PSYCHOLOGICAL ASSOCIATES
The California Board of Psychology files several new accusations against psychologists and psychological associates a year. If you are reading this, you may be one of the few unlucky psychologists or psychological associates. As accusations can be complex, you may desire to have an attorney parse over the accusation and defend you. If so, Malakauskas Law APC can help.
COMMON CAUSES OF DISCIPLINE FOR PSYCHOLOGISTS AND PSYCHOLOGICAL ASSOCIATES
Psychologists and psychological associates can face board discipline based upon a wide variety of conduct. The California Board of Psychology has discretion to discipline individuals on a case-by-case basis. Nevertheless, certain conduct appears to show up in disciplinary proceedings more than others. Common causes of discipline for psychologists and psychological associates include:
- Sexual Contact with a Patient: Psychologists and psychological associates may be disciplined when they engage in sexaul or romantic relations with their clients. Given the nature of the interactions between psychologists and their patients, both psychologists and their patients may develop intimate feelings for eachother. Nevertheless, psychologists and psychological associates should excercise extreme caution as sexual or romantic relationships are a leading cause of discipline.
- Dishonest Statements or Fraudulent Acts: Psychologists or psychological associates who make false statements to the Board of Psychology, state or local law enforcement or regulatory bodies may face discipline.
- Improper Record Keeping/Failure to Maintain Patient Records: Psychologists and psychological associates are required to create, maintain, and store patient records. Keeping inadequate records or improperley disposing of such records may result in discipline.
- Improper Billing: Psychologists and psychological associates are required to accurately document treatment, sessions, and time spent when billing their patients or their patients' insurance providers.
- Failure to Properly Terminate Patient Relationship: Due to the vulnerability of pschological patients, psychologists are required to follow certain procedures when terminating a patient relationship to ensure the well-being of that patient. Failure to follow those procedures may result in discipine.
- Failure to Ethically Terminate Patient Relationship: There are certain circumstances in which a psychologist or pscyhological associate must terminate a patient relationship for ethical reasons. Failure to proactively terminate a relationship when ethics requires may result in discipline.
- Having a Multiple Relationship with Patient: Pschologists and psychological associates must not be in a professional role with a patient if they are in another role with that same patient.
WHAT SHOULD YOU DO IF YOU ARE BEING INVESTIGATED BY THE CALIFORNIA BOARD OF PSYCHOLOGY?
You will likely first learn that you are being investigated by the California Board of Psychology when you, or your co-workers, are contacted by a “board inspector”. To understand the role of a “board inspector”, think of the matter as a criminal case in court. The “board inspector” would be the police officer, and the “deputy attorney general” would be the prosecutor. Therefore, it is unwise to talk to the “board inspector” without representation. However, becoming dismissive or unresponsive to the Board is not a solution. Problems rarely resolve on their own. Rather than be dismissive or unresponsive, imagine having Malakauskas Law by your side to help you through the process.
Having an attorney by your side during the investigation can help you:
- Feel More Confident: As this will probably be a new experience for you, you will likely feel overwhelmed. Having an attorney by your side will help you feel more confident as the process is explained to you.
- Understand the Investigator’s Intentions: Based upon the actions of the investigator, an attorney may be able to figure out the investigator’s intentions and what conduct you will likely be accused of.
- Prevent Self-Incrimination: Having an attorney by your side will help you from accidently self-incriminating yourself.
- Prevent Perjury Traps: Dishonesty is a form of professional misconduct for which you can be disciplined. If an investigator believes that you have been dishonest, they may add that allegation to your accusation. Having an attorney help you can prevent the investigator from accusing you of dishonesty.
- Help with Exonerating Evidence: An attorney conducting their own investigation into the facts may result in uncovering evidence that exonerates you or portrays the facts from a more favorable perspective.
- Potentially Resolve the Case: An attorney may be able to convince the investigator that you have not violated any laws and steer the investigator towards evidence or facts which allow the investigator to reach the proper conclusion.
WHAT LAWS ARE PSYCHOLOGISTS AND PSYCHOLOGICAL ASSOCIATES DICIPLINED UNDER?
If the California Board of Psychology determines that you have violated the law, you will be served with an accusation at a later date. When you are served with an accusation, the accusation will most likely refer to a violation of California Business and Professions Code §2960. California Business and Professions Code §2960 is broken into a number of subsections that deal with various forms of misconduct. Susection (o) extensively deals with sexual misconduct which is a common cause of discipline. In addition, accusations often further reference the American Psychological Association's guide,"American Psychological Association’s Ethical Principles of Psychologists and Code of Conduct", in order to allege a violation of a certain standard of behavior.
POSSIBLE OUTCOMES AFTER FACING AN ACCUSATION
When confronted with an accusation, you are faced with a variety of possible outcomes. The outcomes range from being inconvenienced by the whole process to losing your license and owing thousands of dollars. Below is a list of the outcomes you may face:
- Win/Accusation Withdrawn: You may win at the administrative hearing and, or, have the accusation against you withdrawn.
- Revocation: You may face losing your license and losing your career.
- Voluntary Surrender: In some circumstances, you may decide that voluntarily surrendering your license is the best resolution of the matter.
- Suspension: You may face being prevented from practicing your career for a fixed amount of time.
- Probation: You may be put on probation subject to certain conditions.
- Public Reproval: You may face being publicly reproved on your permanent record.
- Fines: You may be required to pay the costs of the investigation and enforcement of the accusation.
Obviously, the best possible outcome is to win your case and, or, have the accusation withdrawn. However, depending on the facts of the case and the evidence presented, that may not be possible. Some of the other outcomes should still be seen as victories depending on the circumstances.
Hearings before the California Board of Psychology can occur quickly relative to the Court system. If you wish to challenge or contest the Accusation, you must file a Notice of Defense with the California Board of Psychology within fifteen (15) days of being served with the Accusation. California Government Code §11506(c). Failure to file a notice of defense will constitute a waiver of your right to a hearing. Therefore, it is imperative that you act quickly to protect your rights. Malakauskas Law, APC, can get started on filing your Notice of Defense today.
WHAT IF YOU MISSED THE DEADLINE TO FILE A NOTICE OF DEFENSE?
If you missed the deadline to file a Notice of Defense, you may still be able to have a hearing. The California Board of Psychology may “in its discretion” grant you a hearing. Nevertheless, the more prudent action is to file your Notice of Defense within the fifteen (15) days.
WHAT IF YOUR ACCUSATION HAS ALREADY BEEN LITIGATED AND YOU ARE ON PROBATION? WHAT IF YOUR PROBATION HAS BEEN THREATENED? CAN YOU END YOUR PROBATION EARLY?
The information above has explained the investigative process and accusations. However, what if you are far past the accusation process and have already received a disciplinary order. Perhaps you are on probation. If you are on probation, you must diligently follow all of your probation requirements. The California Board of Psychology will file yet another accusation or a petition to revoke your probation if you violate probationary terms. However, regardless of whether an accusation or a petition is filed, you will have a right to a hearing. You are also entitled to have an attorney represent you at the hearing. Imagine the comfort and confidence you will feel in having a strong advocate at your side.
However, what if you have not violated any of the terms of probation but rather desire to end probation prematurely or change its terms? California Business and Professions Code §1686 allows you to petition the California Board of Psychology for an early termination of your probation or to modify the conditions of probation. Malakauskas Law, APC, can evaluate your case to see if you qualify for either. If you do qualify, Malakauskas Law, APC, can start the process today.
IF YOU ALREADY LOST YOUR LICENSE, CAN YOU REINSTATE YOUR LICENSE?
What if you surrendered your license or your license has already been revoked? Perhaps you deeply regret losing your license. Visualize how amazing it will feel to get it back. Do you wish you could get it back? If so, you may be able to file a petition to reinstate your license. You are allowed to petition to the California Board of Psychology under Government Code §1686 to reinstate your license. Similar to the accusation process, your petition will likely be determined by a hearing in front of an administrative law judge. You will have to prepare the petition and provide testimony. Malakauskas Law, APC, can get started on your petition today and advocate for you during the hearing. Fighting to help you reclaim your license.
You are already reading this as you desire more information, but why browse endless web pages looking for answers? Get the answers now. Call 866-790-2242 now for your free consultation.
(c)Malakauskas Law, APC. Attorney Advertisement. This website shall not be construed as legal advice and is for informational purposes only. Each and every case is different and requires an attorney to examine the specific case in question to arrive at an adequate legal conclusion. Consult with your own personal attorney for more information on the subject matters.