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Telehealth: LICENSURE INVESTIGATIONS BY THE CALIFORNIA BOARD OF PSYCHOLOGY:
PRACTITIONER BEWARE

by: Marlene M. Maheu, Ph. D. December, 1997

For those of you who wonder what happens when your licensure is challenged in California, here are the salient points as given in a panel presentation by the CPA Ethics Board of the California Psychological Association, held San Jose, California, in April of 1997.

It is a summary of the consequences and limitations of our rights as US citizens when we get investigated by the California Board of Psychology. I strongly encourage you to look into such proceedings in your area if you are not from California.

J'Accuse: An Accusation Against Your License - Sunday, April 6, 1997

Re: Eight principle ways in which the rights of a psychologist differ from that of a U.S. citizen:

1. No due process as assured by civil and criminal law: no statute of limitations exists.
2. The Board of Psychology can overturn the rulings of the superior court judge and administrative law judge
3. Hearsay is deemed acceptable at hearings; the complainant is automatically considered truthful
4. The accused can be called to testify against him/herself
5. The concept "guilty until proven innocent" appears to exist until a final ruling by administrative law or superior court judge
6. Under administrative law the burden of proof resulting in a conviction is much lower
7. The accused psychologist's discovery rights are minimal; the accused may not know until the day of the hearing of what, precisely, they are accused
8. One cannot depose witnesses in advance

In addition, the accused psychologist, upon conviction, must pay for his or her own investigation and conviction. For "practical purposes", an appeal process does not exist; neither may professional licensing boards be sued. The same group which prosecutes the psychologist judges the psychologist: "There is no Bill of Rights."

Re: The process after having been accused: Steps in complaint process of administrative/disciplinary action:

1. Complaint is received by Consumer Affairs and forwarded to the complaint division of the Medical Board
2. The Medical Board forwards the complaint to the BOP (non-professional) staff
3. The BOP staff may close the case due to lack of information, or seek additional information. If a violation is suspected, BOP staff refers to the Medical Board for investigation (by peace officers with high-school education and peace officer experience) NOTE: The investigators are under no obligation to inform the psychologist of the existence or nature of a complaint, or the identity of the complainee. Psychologists should not communicate with these investigators without their attorney in attendance. Investigators may include or exclude information given by the psychologist at their discretion.
4. Complaint is submitted to the staff of BOP (still sans involvement by professionals), who can dismiss or refer for evaluation to BOP-recognized experts. NOTE: Undercover investigators may be used if the complaint involves sexual misconduct, fraud, victim of crime, breach of confidentiality, or failure to report child abuse
5. The complaint may then be referred to the Attorney General for review, who drafts the accusation. This may be the psychologist's first awareness of the charge. The accusation now becomes public. The AG may choose, delete, magnify, or minimize the information given by the psychologist.
6. If the AG can "get an accusation to stick", the psychologist must pay for his or her own investigation and prosecution (estimated cost is up to $20,000); if the accusation is withdrawn or dismissed, the state must pay. Only recently will malpractice cover (up to $50,000.00) this cost.
7. At this junction, the psychologist faces the following choice:

   a) to have his or her attorney negotiate for a stipulated settlement (e.g. probation, suspension, supervision of services for a specified period of time, psychological evaluation), but this settlement is tantamount to admission of guilt, or
   b) Request a hearing (estimated cost: $40,000 -80,000.00) before an administrative law judge. NOTE: Without this hearing, the psychologist has no access to the actual charges levied against him or her.

To order your own copy of the audiotape, just call 619-483-4300 and ask for tape #72 of Sunday, April 6, 1997 California Psychological Association Convention.

Marlene M. Maheu, Ph.D. is a psychologist in private practice in San Diego, California. As a speaker, she addresses Internet and Telehealth technology, planning, ethics and risk management. She consults and operates several websites, including TelEhealth.net, at http://www.telehealth.net and SelfhelpMagazine.com, at http://www.selfhelpmagazine.com

Marlene Maheu / 858-277-2772 /  drm@cybertowers.com

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