Licensing boards have a responsibility to the public to verify that license holders are fit to practice their professions. One component of fitness is your ability to comply with the board’s rules and the state’s laws.
Importantly, boards cannot discipline you for having a mental health condition in California. Instead, they can only identify violations of your profession’s regulations. Here’s how a professional license defense attorney can help you respond if you’re facing a board inquiry regarding your mental health as a licensed professional.
Grounds for Suspending or Revoking Professional Licenses
California law sets out the following categories of offenses that can result in a suspension or revocation of your professional license:
- Knowingly lying about a material fact in a license application
- Being convicted of a crime
- Committing an act involving dishonesty, fraud, or deceit
- Committing an act identified in the profession’s rules as grounds for suspension or revocation
The law allows boards to suspend or revoke your license if you fall behind in child support payments as well.
Importantly, the law also identifies the grounds that cannot be used to suspend or revoke your license. Specifically, a board cannot base a revocation or suspension on any of the following characteristics:
- Character
- Reputation
- Personality
- Habits
Arguably, mental health falls under both personality and habits. Thus, boards generally cannot take action against your license simply because you are struggling with mental health. Instead, they must identify the specific actions you took that fall into the accepted categories and resulted from your mental health struggles.
For example, suppose the board has received complaints that you failed to complete work for which clients had paid deposits. Your defense is that you were suffering from a diagnosed case of depression that made it difficult to work.
Rather than suspending you for being depressed, the board might instead suspend you for taking money for work that you did not perform, which could involve deceit or a lack of diligence.
Responding to Official Investigations Into Your Mental Health
Mental health inquiries are unusual. In some cases, boards may become aware of issues you are struggling with and inquire about your health to try to prevent a rule violation. These inquiries are preemptive and intended to help you and protect the public.
In other cases, the board may learn that you have violated or nearly violated the rules and inquire about your mental health to understand your actions. In either situation, you will want to tailor your response to the reason behind the inquiry.
Inquiry Before Allegations
If the medical board has not received any allegations of rule violations, you may view the inquiry as a wake-up call. You might not have been aware that your mental health struggles were visible, and you could consider speaking to a mental health professional or getting treatment.
Additionally, you should review your records and determine your risk of a formal accusation. A professional license defense attorney can help you identify any possible rules violations that may have arisen from your mental condition.
If you need intensive or inpatient mental health assistance, consider talking to an attorney to coordinate your time off with the medical board. Specifically, a professional license defense lawyer can help you comply with any notifications to clients and customers required by the board.
Inquiry During a Board Investigation
If the board has inquired about your mental health as part of an investigation into your professional conduct, your license may be at risk of suspension or revocation. A lawyer can prepare your response to ensure that you preserve your license defense arguments.
In other words, you and your attorney can devise a defense strategy and respond to the mental health inquiry in a way that fits your defense.
Inquiry After False Allegations
Not all mental health questions are well-founded. A competitor, disgruntled employee, or former client may allege mental health issues to interfere with your business. One of the most important steps in responding to false allegations is to hire a lawyer.
In some cases, your professional license defense lawyer may respond by pointing out that the allegations have no factual basis. The attorney may also include evidence, such as communications with the complainant, to prove your mental competence.
Some cases may require additional evidence. For instance, your lawyer may rebut arguments that you suffer from mental health issues by securing a letter from your doctor attesting to your good health.
The Right License Defense Team Can Safeguard Your Future
A mental health inquiry in California can represent an investigative step toward suspending or revoking your license. To protect your livelihood and reputation, it’s essential to put your future in the hands of the trusted license defense team at S J Harris Law. Contact us to get started with a consultation today.
