Mental health issues affect professionals across every industry. Under some circumstances, these challenges can lead to a licensing board investigation.
Finding out that your personal mental health symptoms could impact your professional license, reputation, and right to work can feel overwhelming. However, it’s important to realize that California licensing boards are responsible for ensuring public safety and professional competence. The board that governs your license is not morally judging you for a mental health diagnosis.
Here’s what you need to know about mental health-related licensing board investigations.
Professional licensing boards regulate professions and strive to keep people safe. When the board that governs your license receives information that you may be impaired or otherwise unable to perform your duties safely, it may initiate a licensing board investigation.
These reports can come from several sources, such as:
- Your employer or supervisor
- Coworkers
- Patients or clients
- Criminal charges or arrests
- Child Protective Services and Welfare
- Self-reported disclosures you make during license renewal
- Drug Abuse Issues
Just because someone reports you does not mean that you will be disciplined. However, the board will likely launch an investigation so that it can do its due diligence and verify that you are fit to carry out your responsibilities.
Industries Commonly Impacted by Mental Health Investigations
Mental health-related investigations can impact just about any licensed professional in California. While healthcare license holders are what likely come to mind first, other professionals may face scrutiny if information related to a mental health condition or treatment is reported to their respective board. Here are some common examples:
Healthcare
Physicians, nurses, therapists, pharmacists, and other healthcare professionals are subject to strict regulations in California. If you work in the healthcare field and hold a professional license, certain mental health concerns could lead to an investigation. That’s because there may be concerns about how a mental health condition or medication could impact your clinical judgment or patient safety.
Business and Professions Code section 820 actually permits health related boards, to compel a psychological evaluation with just a reasonable suspicion that the licensee may have mental health issues. Failure to perform the evaluation requested is cause to suspend and revoke a license.
A licensing board investigation may be frustrating, especially for healthcare professionals who are familiar with pharmacology and mental health treatment protocols. However, you must cooperate with the investigation so that the board can perform its due diligence.
Legal
Attorneys and legal professionals may also face inquiries if their mental health challenges impact their ability to fulfill ethical obligations or adequately represent clients.
Even if you are a licensed attorney or legal professional facing a board investigation, you should generally not want to represent yourself. Enlisting the services of a lawyer who focuses on professional license defense can be beneficial for protecting your right to work.
Real Estate and Finance
Individuals licensed in real estate, insurance, or financial services could also face licensing board investigations related to mental health concerns. During these inquiries, the board will primarily focus on whether the individual can fulfill their ethical and moral obligations to clients or not.
Educators
California imposes some of the most stringent regulations on educators. If a parent, student, or fellow faculty member reports mental health concerns to the board, your license may be investigated. A licensing investigation is understandably stressful, which is why you should enlist legal representation to help you protect your right to work.
These are just a few examples. If you hold a professional license in California and experience mental health challenges, it’s important to understand your rights.
What Happens During a Licensing Board Investigation?
The board that governs your license will review the initial complaint and decide whether or not an investigation is warranted. If the board opens an investigation, you will be notified in writing. Next, investigators may conduct interviews or gather evidence pertinent to your case.
During this process, you should be proactive by hiring a license defense lawyer and gathering any information that could help protect your reputation. An experienced attorney can identify what information you are legally required to provide, and what may be protected under HIPAA or other health privacy regulations.
Finally, the board may schedule a hearing or release a final disposition. If the disposition involves punitive measures against your license, you may be able to file an appeal.
Protect Your License During an Investigation By Speaking With a Professional License Defense Lawyer
Remember, having a mental health condition or seeking treatment to assist with your overall well-being is not grounds for punishment, nor does it automatically jeopardize your professional license. If you learn that a licensing board investigation has been opened against you, S J Harris Law can represent you in the matter. Contact us to schedule a free 30-minute phone consultation.
