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California Medical License Defense Attorney

We defend licensed medical and healthcare professionals in California

California Psychological Assistant License Defense Attorney

California Board of Psychology License Defense Lawyer

The California Board of Psychology, known as the BOP, licenses approximately 2,000 Psychological Assistants in the State of California. Most California Psychological Assistants have minimal or no contact with the enforcement arm of the California Board of Psychology. For Psychological Assistants who become part of the California Board of Psychology’s disciplinary process, the consequences are profound. The Psychological Assistant License disciplinary process is complex, procedural and time consuming. Psychological Assistants facing the California Board of Psychology disciplinary process should seek legal representation from an experienced California Psychological Assistant License Defense Attorney.

California Board of Psychology Investigation Defense Lawyer

The majority of California Board of Psychology investigations begin with the filing of a consumer Complaint. However, California Board of Psychology Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Board of Psychology utilizes non sworn civilian investigators to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal investigations against Psychological Assistants. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the California Board of Psychology disciplinary process. At the conclusion of a California Board of Psychology investigation, the Board has several options. The Board can choose to close the Complaint. The Board can choose to issue a Citation. The Board can also choose to refer the matter to the California Attorney General’s Office. The Attorney General’s Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Board may refer the case to the District Attorney’s Office for criminal prosecution.

If you are a Psychological Assistant facing a California Board of Psychology investigation, contact a California Psychological Assistant License Defense Attorney for representation.

California Psychological Assistant License Accusation Defense Attorney

A formal Accusation served on a California Psychological Assistant serves as notice to a Psychological Assistant that the Board intends to revoke the Psychological Assistant License. The Psychological Assistant, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the Psychological Assistant. A Default will result in the immediate Revocation of the Psychological Assistant License.

An Accusation is a serious matter that can result in the suspension or revocation of a Psychological Assistant License in California. In many cases, it is possible for Psychological Assistants to reach a Stipulated Agreement with the Attorney General’s Office and California Board of Psychology. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH).

Psychological Assistants facing a California Board of Psychology Accusation should contact an experienced California Psychological Assistant License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Psychological Assistants include:

  • Accepting or Paying Referral Fees
  • Aiding and Abetting Unlicensed Psychological Assistant Activity
  • Dishonest, Corrupt or Fraudulent Act
  • Gross Negligence
  • Improper Advertising
  • Practice Outside Fields of Competence
  • Repeated Negligent Acts
  • Sexual Misconduct to a Patient
  • Unprofessional Conduct
  • Use of a Controlled Substance or Alcohol in a Dangerous Manner
  • Violation of Confidentiality
  • Violation of the Rules of Professional Conduct

California Psychological Assistant License Hearing Attorney

The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Board of Psychology can adopt, modify or reject the ALJ’s Proposed Decision. The California Board of Psychology’s action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a Psychological Assistant to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Psychological Assistant can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order.

California Psychological Assistants facing a California Board of Psychology Administrative Law Hearing need effective representation from a California Psychological Assistant License Defense Lawyer.

California Psychological Assistant License and Criminal Convictions

The California Board of Psychology can discipline Psychological Assistants for criminal convictions. California Board of Psychology discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Psychological Assistant. Common criminal offenses that can cause Psychological Assistant License discipline are:

  • Altering or Forging a Prescription
  • Assault With a Deadly Weapon
  • Battery
  • Brandishing a Firearm
  • Burglary
  • Carrying a Concealed Weapon
  • Child Abuse
  • Child Endangerment
  • Diverting a Controlled Substance
  • Domestic Violence
  • DUI
  • Elder Abuse
  • False Imprisonment
  • Forgery
  • Fraud
  • Hit & Run
  • Identity Theft
  • Insurance Fraud
  • Medicare Fraud
  • Mortgage Fraud
  • Possession for Sale of a Controlled Substance
  • Possession of a Controlled Substance
  • Public Intoxication
  • Real Estate Fraud
  • Robbery
  • Sex Offenses
  • Theft
  • Trespass
  • Vandalism
  • Vehicular Manslaughter

The California Board of Psychology and other law enforcement agencies also investigate criminal conduct by Psychological Assistants in the course and scope of their practice. Criminal investigations often involve Psychological Assistants engaged in Unlawful Practice of Medicine, Unlawful Representation as a Physician and Unlicensed Practice of Psychology. In serious criminal cases against Psychological Assistants pending in Criminal Court, the California Board of Psychology and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Psychological Assistant. A California Penal Code § 23 Order seeks to suspend a Psychological Assistant License in Criminal Court.

Psychological Assistants facing criminal charges and Psychological Assistants who are convicted of criminal offenses need an experienced California Psychological Assistant License Defense Attorney for representation in disciplinary proceedings before the California Board of Psychology.

California Psychological Assistant License Statement of Issues Attorney

The California Board of Psychology thoroughly investigates all applicants for Psychological Assistant Licenses. The California Board of Psychology may deny a California Psychological Assistant License to Psychological Assistant students and Psychological Assistants from other states and countries. Most California Psychological Assistant License denials occur due to criminal convictions, financial problems or misstatements on the Psychological Assistant License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied a Psychological Assistant License should contact a California Psychological Assistant License Denial Lawyer for representation in a California Board of Psychology Statement of Issues Hearing.

California Psychological Assistant Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Psychological Assistants who have received a Psychological Assistant License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Psychological Assistant License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Board of Psychology. A successful Psychological Assistant License Petition for Reinstatement requires representation by an experienced California Psychological Assistant License Defense Attorney.