California Board of Psychology License Defense Lawyer
The California Board of Psychology, known as the BOP, licenses approximately 18,000 Psychologists in the State of California. Most California Psychologists have minimal or no contact with the enforcement arm of the California Board of Psychology. For Psychologists who become part of the California Board of Psychology’s disciplinary process, the consequences are profound. The Psychologist License disciplinary process is complex, procedural and time consuming. Psychologists facing the California Board of Psychology disciplinary process should seek legal representation from an experienced California Psychologist 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 Psychologists. 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 Psychologist facing a California Board of Psychology investigation, contact a California Psychologist License Defense Attorney for representation.
California Psychologist License Accusation Defense Attorney
A formal Accusation served on a California Psychologist serves as notice to a Psychologist that the Board intends to revoke the Psychologist License. The Psychologist, 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 Psychologist. A Default will result in the immediate Revocation of the Psychologist License.
An Accusation is a serious matter that can result in the suspension or revocation of a Psychologist License in California. In many cases, it is possible for Psychologists 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).
Psychologists facing a California Board of Psychology Accusation should contact an experienced California Psychologist License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Psychologists include:
California Psychologist 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 Psychologist 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 Psychologist 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 Psychologists facing a California Board of Psychology Administrative Law Hearing need effective representation from a California Psychologist License Defense Lawyer.
California Psychologist License and Criminal Convictions
The California Board of Psychology can discipline Psychologists for criminal convictions. California Board of Psychology discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Psychologist. Common criminal offenses that can cause Psychologist License discipline are:
The California Board of Psychology and other law enforcement agencies also investigate criminal conduct by Psychologists in the course and scope of their practice. Criminal investigations often involve Psychologists engaged in Insurance Fraud, Unlawful Practice of Medicine and Unlawful Representation as a Physician. In serious criminal cases against Psychologists 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 Psychologist. A California Penal Code § 23 Order seeks to suspend a Psychologist License in Criminal Court.
Psychologists facing criminal charges and Psychologists who are convicted of criminal offenses need an experienced California Psychologist License Defense Attorney for representation in disciplinary proceedings before the California Board of Psychology.
California Psychologist License Statement of Issues Attorney
The California Board of Psychology thoroughly investigates all applicants for Psychologist Licenses. The California Board of Psychology may deny a California Psychologist License to Psychologist students and Psychologists from other states and countries. Most California Psychologist License denials occur due to criminal convictions, financial problems or misstatements on the Psychologist 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 Psychologist License should contact a California Psychologist License Denial Lawyer for representation in a California Board of Psychology Statement of Issues Hearing.
California Psychologist Petition for Reinstatement Lawyer
A Petition for Reinstatement allows Psychologists who have received a Psychologist 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 Psychologist License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Board of Psychology. A successful Psychologist License Petition for Reinstatement requires representation by an experienced California Psychologist License Defense Attorney.