Protecting your license before the California Board of Psychology

From investigation to Accusation

If the investigation supports the allegations, the case goes to the Attorney General, whose Deputy drafts an Accusation — the formal charges under the Psychology Licensing Law, and the first public document in the process. A copy goes to you and to the complainant. The “prayer” often seeks revocation, but that is the opening position, not the usual result.

The 15-day deadline

You have 15 days from service to file a Notice of Defense to obtain a hearing. Miss it and the Board can take a default decision and discipline you — up to revoking your licence — without a hearing. It is the most important deadline in the process.

Settle or be heard

Most cases resolve by a stipulated agreement — a negotiated settlement in which you typically admit some allegations and accept agreed discipline, subject to Board approval. If no settlement is reached, the case goes to a hearing at the Office of Administrative Hearings before an administrative law judge; the Board, represented by a Deputy Attorney General, must prove its case by clear and convincing evidence. The judge issues a Proposed Decision within about 30 days, which the Board can adopt, modify or reject.

The range of outcomes

• Case closed, or a confidential educational / warning letter (non-disciplinary).
• Citation and fine (used for less egregious matters such as advertising violations).
• Public reproval.
• Probation — the most common disciplinary result — usually with conditions.
• Suspension.
• Revocation, or voluntary surrender of the licence.

Probation conditions can include practice restrictions, education and ethics coursework, a §820 evaluation, therapy or treatment and monitoring, a practice monitor, and cost recovery under BPC §125.3.

How impairment is handled — no diversion program

Where substance use or a mental-health condition is in the picture, note an important difference: unlike some California boards, the Board of Psychology does not run a confidential diversion programme. Concerns about impairment are addressed within the enforcement process — through a compelled examination under BPC §820 and, where discipline follows, probation conditions requiring evaluation, treatment and monitoring. Getting ahead of the issue with your own documented treatment is often the strongest response.

Where mitigation moves the outcome

Within the guidelines, mitigation moves cases — demonstrated insight, completed remediation and ethics education, corrective changes to your practice, and evidence that any underlying issue is addressed can shift a matter from revocation toward probation and lighten the terms.

After a decision

Probation is monitored by the Board, and you can later petition for penalty relief — early termination of probation or modification of a condition. A revoked or surrendered licence can be reinstated on a later petition showing rehabilitation. You keep appeal rights: a Petition for Reconsideration before the decision takes effect, and a Petition for Writ of Mandate in the Superior Court (Code Civ. Proc. §1094.5). Disciplinary outcomes appear on the DCA licence search.

Earlier in the process? See who can file a complaint and the investigation process.

This article is general information for education purposes and is not legal advice. If you have received a complaint, a records request, a citation or an Accusation, seek advice from a California attorney experienced in psychology licence defence and notify your professional liability insurer. Healthcare Ethics Courses is an independent education provider and is not affiliated with, endorsed by, or acting on behalf of the California Board of Psychology, the Department of Consumer Affairs, or any state agency; names are used for reference only.