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

Which of these is not a BOP cause for disciplinary action?

a. Conviction of a crime related to the duties of a psychologist

b. Advertising one’s services via flier in a local grocery store

c. Use of a controlled substance, drug or alcohol in a manner dangerous to the public, or impairing the work of the psychologist

d. Fradulently misrepresenting one’s license

Which of these is not a BOP cause for disciplinary action?

a. Impersonating another person holding a license

b. Using fraud or deception in applying for license

c. Applying for license renewal on the second to last day of the two-year licensure period

d. Paying or receiving fees for client referrals

Which of these is not a BOP cause for disciplinary action?

a. Taking all CEs within the first calendar month of one’s license renewal period

b. Willful, unauthorized communication of confidential information

c. Being grossly negligent

d. Having one’s license by another state suspended or revoked.

Which of these is not a BOP cause for disciplinary action?

a. Commiting any dishonest, corrupt, or fraudulent act

b. Conducting therapy while walking with one’s client in an outdoor (but secluded) setting

c. Any sexual abuse or sexual relations with a patient or former patient within two years of termination

d. Functioning outside of one’s field of competence

Which of these is not a BOP cause for disciplinary action?

a. Failure to submit verfication of SPE for a supervisee to the board

b. Repeated acts of negligence

c. Teaching a course in cooking in one’s spare time

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.

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

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

Non-disciplinary actions include:

Mediation

_____________ letter

Letter of warning

Educational __________

Citation

__________

___________________: 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).

__________________________: 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.

___________________: 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.

______________________: 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.

______________________: 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.

Disciplinary Actions may include:

A Letter of Reprimand

A _____________ Agreement

Probation

______________

Surrender of License

______________

_________________: 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.

_______________________: 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.

_______________________: 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.

_____________________: 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 practic. It is issued when the licensee has been both:

In violation of the Business and Professions Code or convicted of a crime substantially related to licensed activity, and

The licensee continuing to practice would represent a danger to public health, safety, or welfare.

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

__________________: 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.

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

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

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

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

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

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.