Board Procedures, Complaints, and the Disciplinary Process
Board procedures, complaints, and discipline
The Board of Psychology receives complaints, investigates alleged violations, and imposes discipline under ORC Chapter 4732 and the Administrative Code. The exam tests the sequence of events, the licensee’s rights, and the available sanctions.
Complaint and investigation
- Anyone may file a complaint; the Board may also initiate one on its own.
- The Board investigates, may request records, and may issue subpoenas. Licensees must cooperate; HIPAA does not block a lawful Board request.
- The Board determines whether probable cause exists to proceed.
Hearing and discipline
- Under ORC Chapter 119, the licensee receives notice and an opportunity for a hearing, with the right to counsel, to present evidence, and to cross-examine witnesses.
- A hearing examiner may preside and recommend findings; the Board makes the final decision.
- Sanctions include reprimand, probation, suspension, revocation, consent agreements, civil penalties, and additional continuing education.
- The Board may summarily suspend a license under ORC 119.19 when there is an imminent danger to public health or safety.
- Appeals go to the Franklin County Court of Common Pleas under ORC 119.12, and then to the appellate courts.
Grounds for discipline
Common grounds include conviction of certain offenses, fraud in obtaining a license, unprofessional conduct, incompetence, ethics violations, impairment, and failure to comply with Board orders.
Worked example
A former client complains that a psychologist engaged in a sexual boundary violation. The Board sends the psychologist a notice and request for records. The psychologist ignores it. The Board may proceed without the psychologist’s cooperation, find probable cause, and hold a hearing. Ignoring the Board can add separate violations and weaken the defense. A better response is to retain counsel, respond timely, preserve records, and consider a consent agreement if appropriate. Discipline may include suspension or revocation, and the psychologist may appeal to the common pleas court.
Traps that cost marks
- Ignoring Board correspondence and missing hearing or appeal deadlines.
- Believing HIPAA prevents releasing records to the Board.
- Treating a consent agreement as “not discipline” when it is a public disciplinary action.
- Forgetting that summary suspension can occur without a prior hearing.