If you are a Texas psychologist accused of violating rules set by the Texas State Board of Examiners of Psychologists (TSBEP), you may need to hire a license defense attorney.
Bertolino LLP’s team of experienced attorneys specializes in representing psychologists like you. Our lawyers can review violation allegations and help you prepare your license defense. We have years of experience handling these claim types and understand your challenges.
What Happens if You Are Accused of Violating TSBEP Rules
The board may impose sanctions if you are accused of violating TSBEP statutes and rules. These can include fines, probation, or license suspension.
In a worst-case scenario, you could undergo a disciplinary hearing that could permanently impact your license. For example, the board could permanently revoke your license, meaning you could no longer practice as a psychologist in Texas.
Who Can File a Complaint to the TSBEP?
Anyone can file a licensing board complaint against a psychologist, including:
- Patients or clients of the psychologist
- Patient or client family members
- Other healthcare professionals
- Members of the public
- Colleagues of the psychologist
- Anyone else affected by the psychologist’s alleged actions
- Any person who knows of the alleged violation
- The licensing board staff, based on its investigation
Because the TSBEP can suspend or revoke your license based on one consumer complaint, it’s important to take any accusation seriously.
A complaint can prompt the board to perform a disciplinary investigation in combination with a sting operation or criminal investigation. It can also work with law enforcement agencies to determine the validity of allegations against you.
Consult with a law firm experienced in dealing with TSBEP matters. Their attorney will guide you on how to respond to the accusation and navigate the disciplinary process.
What to Expect from a Psychology License Defense Attorney
When working with a psychology license defense attorney, you can expect the following:
- Legal representation and representation in any proceedings in front of the TSBEP or other regulatory bodies
- Reviewing and analyzing the evidence, including the complaint and any other documents or information relevant to your case
- Reviewing your disciplinary history and previous actions taken by the TSBEP or other regulatory bodies, and assessing the potential impact on your current case
- Preparing a defense strategy and identifying any weaknesses in the evidence against you
- Advising you on your rights and options throughout the process, including the possibility of an informal settlement conference (ISC) or appeal
- Helping you understand the potential consequences of the case, such as fines, probation, suspension, or revocation of your license, and the impact they may have on your professional career and reputation
- Communicating and negotiating with the TSBEP or other regulatory bodies and representing you during any negotiations or settlement.
- Being your advocate, fighting for your rights and interests, and working towards a favorable outcome for you
- Helping to protect your professional license and livelihood
Negotiating a Settlement with the Licensing Board
Under specific circumstances, your license defense attorney could negotiate an agreement during an ISC. This agreement could include conditions such as:
- Paying a fine
- Completing continuing education courses
- Practicing under certain restrictions
If you agree to and fulfill the settlement agreement terms, you could maintain your license without facing significant penalties such as revocation or suspension.
This can be beneficial as it allows you to continue practicing and providing essential services to your clients.
What to Expect During a Texas SOAH Hearing
If your attorney cannot settle your case, it may go to the State Office of Administrative Hearings (SOAH) to be heard by a Texas administrative law judge (ALJ).
During a TSBEP hearing, the ALJ will consider the formal complaint against you as the license holder. Later, you will be able to present evidence and call witnesses to dispute the licensing board complaint against you.
That’s why it’s vital to be prepared for your hearing with the necessary documents and evidence to support your case. The TSBEP hearing process is formal, and the rules of evidence apply. Therefore, we recommend having a professional license defense attorney help you navigate the process.
What Happens After an SOAH Hearing?
To make a decision, the ALJ will consider the evidence presented by you and your legal counsel and any applicable laws and regulations.
Within 60 days of your judgment, a proposal for decision (PFD) will be issued and sent to the TSBEP for a final decision. The TSBEP may adopt, modify or reject the PFD and will notify you of their final decision in writing.
Once this happens, you can file a motion for rehearing within 25 days of the final issued order. You can file a judicial review request if they deny the motion for rehearing.
If your license is suspended or revoked, reinstatement may be an option. If you file a petition for reinstatement, it could result in a TSBEP investigation. In this scenario, hiring a license defense attorney can be beneficial.
Where Are SOAH Hearings Held?
Administrative hearings are typically held at the SOAH’s central office in Austin, Texas.
However, in certain circumstances (for example, when the respondent cannot travel), the hearing may be held remotely or at a different location. SOAH also has regional offices in Houston and San Antonio.
How a License Defense Lawyer Can Prepare You for Your SOAH Hearing
In the time leading up to your SOAH hearing, your psychologist license defense lawyer will provide details and explain what you should expect during your SOAH hearing. This may include:
- Reviewing the charges against you, the evidence that will be presented, and the legal requirements that must be met to defend yourself effectively.
- Advising you on how to present your case clearly and persuasively.
- Preparing you for cross-examination and any questioning that may occur.
- Reviewing applicable laws and regulations related to your case and helping you understand how they could be applied to your situation.
- Helping you gather and prepare any additional evidence, including expert witness testimony, that may be needed to support your defense.
- Preparing necessary briefs and other documents that the hearing process may require.
- Being by your side during the hearing and advocating on your behalf.
- Helping you navigate the appeals process, if necessary.
It can be stressful to prepare for a SOAH hearing. Fortunately, your attorney can offer extensive legal guidance to ensure you know what to expect. You and your lawyer will determine the best way to present your case facts.
Why It Pays to Hire a License Defense Attorney
There is no reason to risk losing your psychology license or damaging your future. A license defense lawyer can help you avoid these issues by:
- Protecting your license: A license defense attorney can help protect your psychology license by disputing consumer complaints and taking action to prevent disciplinary action from being taken against you.
- Maintaining your reputation: An attorney can help protect your professional reputation by ensuring that any complaints against you are handled promptly and appropriately.
- Navigating the legal system: Attorneys are experts in the legal system and can ensure that your rights are protected throughout the complaint and disciplinary process.
- Saving you time, money, and reputation: A license defense attorney can help you avoid costly and time-consuming legal battles by resolving complaints against you quickly and efficiently.
- Providing expert advice: License defense attorneys are familiar with Texas laws, regulations, and professional standards that govern the psychology profession. They can provide you with expert advice on how to handle a complaint or disciplinary action.
Your attorney will also inform you about your case’s status and work to achieve the best possible outcome for you.
Choose a Texas Board of Psychology License Defense Attorney from Bertolino LLP
Your Bertolino LLP attorney will take the guesswork out of the legal system and dispute complaints against you before they raise serious doubts about your professional skills and expertise.
We will work diligently to defend you and your psychology license against complaints, false allegations, or disciplinary actions. Hiring our legal team lets you enjoy peace of mind knowing that your case is in good hands. Contact our client relations coordinator to schedule a free consultation today.
