Defending Your Psychology License in California

Having your psychology license investigated or threatened in California can be an incredibly stressful and uncertain time. As a psychologist, your livelihood depends on maintaining an active license issued by the California Board of Psychology. If the Board files an accusation against you or initiates an investigation into your practice, it’s crucial to have an experienced lawyer on your side to protect your license.

There are many reasons the California Board of Psychology may come after your license. Common allegations include negligence or incompetence, violating laws or regulations, mental illness or chemical dependency issues affecting your ability to practice safely, insurance fraud, inappropriate relationships with patients, and unprofessional conduct. Any complaint filed with the Board could potentially trigger an investigation and disciplinary action.

If the Board does take action against your license, you have legal rights and defenses. Don’t go through it alone. Work with a lawyer who knows the system and how to effectively fight back against the Board’s charges. Having an advocate on your side can make all the difference in the outcome.

The License Defense Process

If the Board files an accusation against you, you have 15 days to respond and request a hearing. Your lawyer will help you navigate this process and build the strongest defense strategy. Some key steps include:

• Filing a Notice of Defense within 15 days of receiving the accusation
• Participating in discovery to obtain evidence from the Board
• Identifying expert witnesses to testify on your behalf
• Developing defenses and legal arguments to fight the charges
• Representing you in settlement negotiations with the Board
• Appearing with you at an administrative hearing before a judge

Having an experienced license defense lawyer to guide you through the process is critical. The laws, regulations and procedures involved are complex. A knowledgeable attorney understands how to effectively challenge the Board’s claims against you.

Common Defenses in Psychology License Cases

There are many potential defenses your lawyer may use to fight back against disciplinary charges from the California Board of Psychology. Some common defenses include:

• Lack of evidence – The Board has the burden of proving their case against you. If their evidence is weak or lacking, this can defeat the charges.
• Mistake of fact – You made decisions based on an honest misunderstanding, not willful wrongdoing.
• No patient harm occurred – There must be a clear connection between your actions and harm to a patient.
• Negligence issues – Your actions did not actually breach the standard of care.
• Disputing the allegations – You did not engage in the conduct alleged by the Board.
• Mitigating circumstances – There were extenuating circumstances that should be considered.

In addition to these defenses, your lawyer will look at your specific situation to develop custom arguments to fight the Board’s charges. The goal is to show you acted reasonably and appropriately within your scope of practice.

The Importance of an Experienced License Defense Lawyer

Having your psychology license and career on the line is terrifying. Don’t go it alone against the Board. Work with a lawyer who specializes in psychology license defense cases. They have the expertise to protect your livelihood.

Specifically, an experienced license defense lawyer can:

• Aggressively defend you against false or inflated allegations
• Thoroughly investigate the claims against you
• Develop effective legal strategies based on your situation
• Represent you in settlement talks with the Board
• Argue persuasively on your behalf at hearings
• Cite relevant laws, regulations and precedents to support your case
• Guide you through the complicated disciplinary process

Having a knowledgeable lawyer in your corner can make the difference between keeping your license or losing your livelihood. Don’t leave it to chance.

Key Laws and Regulations Governing Psychology Licenses

There are a number of important laws and regulations that apply to licensed psychologists in California. Knowing these rules is critical to effectively defending your license.

• California Business and Professions Code Sections 2900-2919 – Provides the laws specific to the practice of psychology, including license requirements, scope of practice, disciplinary actions, etc. Your lawyer will use these laws to defend you. See California Business and Professions Code Sections 2900-2919.
• California Code of Regulations Title 16, Sections 1380-1399.395 – Regulations adopted by the Board of Psychology pertaining to the profession. Contains rules on ethics, continuing education, scope of practice and more. See CCR Title 16 Sections 1380-1399.395.
• APA Ethical Principles of Psychologists and Code of Conduct – Ethical guidelines adopted by the American Psychological Association. The Board may cite violations of APA ethics as grounds for discipline. Your lawyer can argue you acted ethically. See the APA Ethics Code.

Violating these laws and ethical codes can prompt Board action against a license. A skilled lawyer will use these same rules to demonstrate you practiced reasonably and professionally.

Tips for Avoiding Discipline and Protecting Your Psych License

Getting in trouble with the California Board of Psychology is no fun. I know how scary it is to worry about your license. I want to give you some tips to stay off the Board’s radar so you can keep doing what you love – helping patients!

Be Proactive

The best defense is a good offense, am I right? Here are some things you can do to avoid issues:

• Keep super detailed patient records with your evaluations, diagnoses, and treatment plans. The Board loves paperwork!
• Keep up with the latest standards of care and ethics rules. Things change, so stay on top of it.
• Watch those patient boundaries – stay professional.
• Get informed consent from patients before treating them. CYA!
• Have office policies to protect patient privacy. HIPAA hipaa!
• Check yourself for impairment issues that could affect your work. Gotta stay sharp!
• Ask for help if a case has you stumped. No shame in bringing in a consultant.
• Get malpractice insurance made for psychologists. Better safe than sorry!
• Be truthful in all your ads and websites. Don’t exaggerate your skills!
• Address any patient complaints ASAP. Make it right!

Even if you’re careful, a complaint could still happen. Don’t ignore the Board – respond quickly. If you get a notice, call a lawyer right away.

Finding the Right Lawyer

Choosing the right lawyer to defend your license is so important. Look for:

• Lots of experience with California psych license cases. They’ll know all the ins and outs.
• Total mastery of the laws and ethics codes. Use their expertise!
• Good relationships with Board folks. It helps to be connected.
• Creative defense strategies. You want them thinking outside the box.
• Negotiation skills to work out a settlement if needed.
• Passionate advocacy. They should fight fiercely for you!
• Good listening skills. Find someone who “gets” you.
• A successful track record with other psychologists. Check those reviews!

Don’t gamble with your career – get an experienced license defense lawyer if the Board comes knocking. They can guide you and give you the best shot at protecting your license. You’ve got this!