Psychology License Defense

Frances Cullen, PC helps to protect your license, your livelihood, your career, and your reputation if you are arrested or charged with a crime, or accused of wrongdoing by the Georgia Board of Examiners of Psychologists (“the Georgia Psychology Board”).

The Georgia Board of Examiners of Psychologists (the Psychology Board)

The Georgia Board of Examiners of Psychologists (the Psychology Board) investigates and takes disciplinary action against numerous licensees each year.

Under O.C.G.A § 43-39-13, Georgia Board of Examiners of Psychologists (“the Georgia Psychology Board”) has the authority to refuse to grant a license or sanction a licensee for a wide range of acts of unprofessional conduct, including but not limited to:

• Sexual contact by a Psychologist with a patient
• Potential Boundary Violations when a Psychologist engages in multiple roles by having a social relationship, lending money, or employing a patient or former patient
• A Psychologist’s violation of patient confidentiality
• Providing services for which the Psychologist has not been trained or licensed
• Overseeing or permitting unlicensed practice
• Alcohol and/or drug dependence or abuse
• False advertising by a Psychologist
• Unprofessional, unethical or negligent acts committed by a Psychologist
• A Psychologist inappropriately sharing his or her own problems and/or focusing therapy on himself or herself rather than the patient
• Discipline in another state
• Arrests and Criminal Convictions
• Falsification of Georgia Psychology Board applications or renewals

All cases are opened upon the filing of a complaint.  Complaints can be filed by any member of the general public: a patient, a former patient, a member of a patient’s family, an employee or former employee, and, often, complaints are filed by a subsequent therapist.  If the complaint involves a serious violation (for example, an allegation of sexual misconduct, a boundary violation, or gross negligence, the case may immediately be assigned to an investigator employed by the Georgia Board of Examiners of Psychologists (“the Georgia Psychology Board”).

If you are contacted during the investigative process, or the Georgia Board of Psychological Examiners (The Georgia Psychology Board) sends you a proposed Consent Order, you must retain legal counsel to assist you. While a licensee might be willing to discuss the details of the complaint and wish to provide “their side of the story”, this meeting is not an opportunity to present your version of the facts and, without legal counsel as your witness to the interview, your statements can be interpreted differently than you intended and later used against you in a Georgia Board of Examiners of Psychologists (“the Georgia Psychology Board”) action.

The Georgia Board of Examiners of Psychologists (“the Georgia Psychology Board”) generally does not address fee and/or billing disputes, issues related to general business policies and practices, and personality conflicts, but a complaint about these issues can prompt an investigation by the Georgia Board of Examiners of Psychologists (“the Georgia Psychology Board”) and focus attention on you or your Psychology practice, and sometimes begin an inquiry into other related matters. The Georgia Board of Examiners of Psychologists (“the Georgia Psychology Board”), can also seek to discipline a Psychologist if there is a complaint by the Department of Community Health/Medicaid or Medicare that the Psychologist’s fee contract and/or fees are coercive or overly excessive, or include billing for services outside of the Psychologist’s area of psychological practice.

The Board also does not have authority over individuals licensed by other boards (for example, clinical social workers; marriage and family therapists; professional counselors; and psychiatrists). However, the Georgia Board of Examiners of Psychologists (“the Georgia Psychology Board”) can issue a Cease & Desist Order to these individuals if they have acted as a Psychologist outside the scope of their professional license.  These complaints also are usually referred to the State Board that has jurisdiction over the individual (the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists). Some complaints may be deemed minor and can be “closed out” without disciplinary action.

As defense counsel for Psychologists in the State of Georgia, we highly advise all Psychologists not to attend any “conference,” ”meeting” or “interview” without experienced and qualified legal representation. It is also important to retain legal counsel if the Georgia Board of Psychological Examiners sends you proposed Consent Order. Any attorney can represent a licensed professional, but you should protect your license and career by selecting an attorney who is highly experienced in Georgia professional license defense.

Criminal Defense Related to Substance Abuse

In addition to the licensing issues medical professionals face due to substance abuse and/or addiction, they also can be subject to criminal charges. Our firm’s experience allows us to effectively represent healthcare professionals against criminal accusations for writing improper narcotic prescriptions, using controlled substances, or diverting drugs from the workplace.  Frances Cullen, PC will work as a zealous advocate on your behalf to provide you with sound legal advice prior to the filing of charges, through the indictment or accusation process, in negotiation with prosecutors, and in fashioning the most favorable plea on your behalf before State or Federal Criminal authorities.

As a former Fulton County District Attorney, Frances Cullen is also familiar with the broad range of criminal laws and can provide a capable defense to charges of criminal conduct.

Frances Cullen, PC has defended numerous health care professionals when State or Federal criminal charges are brought against them and has also worked closely with other criminal defense attorneys to provide solid advice on how best to address potential criminal charges so that the psychologist can resume or later return to practice.

Representative Cases

In an action brought by the Georgia Board of Examiners of Psychologists (The Psychology Board) against a Psychologist alleging insufficient oversight of testing conducted by a supervisee, Frances Cullen, PC negotiated favorable disciplinary far less than that proposed by the Board.

Frances Cullen, PC helped negotiate favorable plea terms with no jail time for a Psychologist accused by the State Health Care Fraud Control Unit (SHCFCU) of serious Medicaid Fraud violations involving the improper billing of children who were never seen by a Psychologist.

In a case wherein the Georgia Board of Examiners of Psychologists (“the Georgia Psychology Board”) would not terminate a Psychologist’s Consent Order when she had met the terms of the Order, Frances Cullen, PC filed a Mandamus action in Superior Court, upon which the Georgia Board of Examiners of Psychologists (“the Georgia Psychology Board”) acted properly to terminate the Order.

Contact Frances Cullen, PC

For a powerful and winning defense in investigative interviews or with potential disciplinary action brought by the Georgia Board of Examiners of Psychologists (“the Georgia Psychology Board”), call Frances Cullen, PC.  Frances Cullen is a former Assistant Attorney General who represented the Georgia Board of Examiners of Psychologists (“the Georgia Psychology Board”) in reviewing cases and bringing disciplinary action against psychologists.  She is therefore knowledgeable about the disciplinary process and can offer you a strong defense in any investigation or with potential action brought by the Georgia Board of Examiners of Psychologists (“the Georgia Psychology Board”).

Don’t risk your license and your livelihood, and settle for any lawyer when you can call Frances Cullen, PC to retain an attorney experienced in Georgia Board of Examiners of Psychologists (“the Georgia Psychology Board”) issues.

Contact Frances Cullen as soon as possible if you are a psychologist or other healthcare provider and you suspect you may be facing a criminal charge, or civil investigation or prosecution by Medicare or Medicaid (Department of Community Health – DCH), or if you are contacted by the Georgia Board of Examiners of Psychologists (“the Georgia Psychology Board”).

Proviso

Due to the professional stature of my clients and the sensitive nature of the issues that are the subject of these matters, client names are not provided for these cases.