Laws and Regs. Related to General Business Practices: Disciplinary Action

Question 1

When a therapist has been found guilty of _________________________, the BOP may refuse to issue a registration or license, may issue a registration or license with terms and conditions, or may suspend or revoke a registration or license.

Answer 1

Unprofessional conduct.

Question 2

Minor violations are usually subject to ___________________; these (except for _________) remain confidential from the public. More serious violations are immediately referred for _______________.

Answer 2

• Non-disciplinary actions
• Citations and fines
• Formal investigation

Question 3

If formal investigation finds support for allegations of serious psychologist misconduct, the BOP submits the case to ______________________; if formal disciplinary action results, this becomes ___________________.

Answer 3

• The Attorney General
• Public information

Question 4

Non-disciplinary actions include:

• Mediation
• _____________ letter
• Letter of warning
• Educational __________
• Citation
• __________

Answer 4

• Educational letter
• Educational review
• Fine

Question 5

___________________: This takes place when it is determined that there was no clear violation of the law, but rather a misunderstanding occured between the consumer and provider (e.g., billing misunderstanding).

Answer 5

Mediation.

Question 6

__________________________: These are sent when there has been a minor departure in the standard of care, yet no harm has actually occurred; they typically summarize the complaint and recommend behavior change to avoid future complaints.

Answer 6

Education letter.

Question 7

___________________: When a minor infraction has occurred, yet no harm has resulted, the BOP may send this. It describes the complaint, summarizes the relevant law, and warns that if the situation recurs, formal action might result.

Answer 7

Letter of warning.

Question 8

______________________: This is voluntary. When the BOP has serious concerns about a licensee, or a significant violation has occurred yet there were insufficient grounds to forward the case to the Attorney General, the licensee is invited to meet with the investigator, expert, or BOP staff to discuss issues of concern in an educational forum.

Answer 8

Educational Review.

Question 9

______________________: These are used for less serious violations, such as false advertising. Fines range from $100 to $2500 per violation. It is not considered a disciplinary action, yet it becomes public record.

Answer 9

Citations and Fines.

Question 10

_________________: This may be negotiated between the BOP, the licensee, and his/her legal counsel. This is an option when the violation was not too severe and did not result in patient harm. It describes the improper behavior and may mandate coursework or cost recovery to the BOP for the investigation.

Answer 10

Letter of Reprimand.

Question 11

_______________________: This is also an option when the violation was not too severe and no patient harm occurred. It may include remedial coursework as well as having a monitor over the specified activity for a specified period of time. Once the conditions are met, the accusation is withdrawn.

Answer 11

Two-step Agreement.

Question 12

_______________________: Before this occurs, technically the psychology license is revoked, but the revocation is stayed (i.e., put on hold and not actually implemented). The period, terms, and conditions of this are then specified. If this is violated, the license may then actually be revoked. Violations that result in this action may include gross negligence, repeated negligent acts, or commission of any dishonest, corrupt, or fraudulent act.

Answer 12

Probation.

Question 13

_____________________: During this period, a licensee may not practice psychology or refer to oneself as a psychologist. This automatically occurs when a licensee is incarcerated, after being convicted of a felony. An ________________ order requires that the licensee immediately cease his/her practice. It is issued when the licensee has been both:

1. In violation of the Business and Professions Code or convicted of a crime substantially related to licensed activity, and
2. The licensee continuing to practice would represent a danger to public health, safety, or welfare.

Answer 13

• Suspension
• Interim Suspension

Question 14

____________________: Rather than completing an administrative hearing process, a licensee may opt to do this.

Answer 14

Surrender of License.

Question 15

__________________: When this happens, essentially the psychologist has lost his/her license. When a therapist is found guilty of sexual contact with a patient or former patient within 2 years of termination of treatment, this occurs. The judge may not stay it.

Answer 15

Revocation.

Question 16

A person who has been subject to disciplinary action may petition for reinstatement or modification after a certain minimum period has passed. This includes:

• At least ___ year(s) for reinstatement of a revoked, suspended, or surrendered license
• At least ___ year(s) for early termination of probation of three years or more, or for modification of a condition of probation
• At least ___ year(s) for early termination of probation of less than 3 years

Answer 16

• 3 years
• 2 years
• 1 year

Question 17

The BOP may require a licensee who has been disciplined to obtain additional ________________, or to ________________ for reinstatement.

Answer 17

• Professional training
• Pass an exam

Question 18

The BOP may deny registration or licensure when an applicant might not practice safely due to ___________________ or _____________________.

Answer 18

• Mental illness
• Chemical dependency

Question 19

When an application for licensure has been denied by the BOP, the applicant must wait a minimum of ___ year(s) to reapply.

Answer 19

1 year.

Question 20

Any person who is required to _________________________ is ineligible for licensure or registration by the board.

Answer 20

Register as a sex offender.

Question 21

The timeframe for filing accusations against a licensee is ___ year(s) from the date the BOP discovers the alleged act that is the basis for disciplinary action, or within ___ year(s) from the date the alleged act occurred (___ year(s) in instances of psychotherapist sexual misconduct), whichever occurs first.

Answer 21

• 3 years
• 7 years
• 10 years