Understanding Aggravating and Mitigating Factors in Florida Board of Psychology Cases

The Florida Board of Psychology plays a crucial role in ensuring psychologists adhere to the professional standards of conduct. When a licensee is found in violation of these standards, the Board must carefully consider various aggravating and mitigating factors before determining the appropriate penalty. These considerations are governed by Rule 64B19-17.002 of the Florida Administrative Code (F.A.C.), which outlines specific factors that can influence the severity of the penalty imposed.

As professionals navigate the complexities of licensing, understanding these factors becomes essential. This blog will delve into the aggravating and mitigating factors that the Florida Board of Psychology considers when reviewing a case or deciding whether to deviate from the presumptive penalty guidelines.

Aggravating Factors

Aggravating factors are circumstances that may lead to a harsher penalty for the licensee. These factors suggest that the violation was more serious or that the licensee’s behavior was particularly egregious. Here are some key aggravating factors:

1. Danger to the Public

One of the most significant aggravating factors is whether the violation posed a danger to the public. If a psychologist’s actions could have resulted in harm to clients or patients, this factor will weigh heavily in favor of a more severe penalty. For instance, a psychologist who engages in unethical practices that jeopardize the mental well-being of clients may face stringent consequences.

2. Actual Damage to Patients

The extent of actual damage—whether physical, emotional, or financial—inflicted upon patients is another critical aggravating factor. If the violation resulted in significant harm, the Board is likely to view it as being of the situation with greater severity. This consideration underscores both the importance of accountability in the profession and the need to protect the public.

3. Related Violations in Other States

If a licensee has been found in violation of regulations in other jurisdictions, this can serve as an aggravating factor. The Board will consider the nature of these violations, any penalties imposed, and whether the licensee has taken appropriate corrective action. A history of violations across state lines may signal a systemic issue that warrants a more severe response.

4. Number of Complaints Filed Against the Licensee

The frequency and volume of complaints filed against a licensee also serve as aggravating factors. A pattern of complaints can indicate a troubling trend in the licensee’s behavior, suggesting a lack of regard for professional standards. Multiple complaints may lead the Board to impose a more substantial penalty to address ongoing issues and deter future violations.

Mitigating Factors

Conversely, mitigating factors can lead to a lighter penalty or a recommendation for leniency. These factors suggest that the licensee’s circumstances may warrant a more forgiving response. Here are some important mitigating factors:

1. Length of Time Since the Date of Violation

The time elapsed since the violation occurred can be a significant mitigating factor. If a considerable amount of time has passed without further incidents, the Board may view this as an indication of the licensee’s commitment to reform. A clean record following the violation can suggest that the licensee has learned from their mistakes and is unlikely to repeat them.

2. Length of Practice Without Complaints

A long history of practice without complaints can also serve as a mitigating factor. A psychologist who has demonstrated a commitment to professionalism and ethical behavior over an extended period may be seen as deserving of leniency, especially if the violation was isolated and not indicative of a broader pattern.

3. Efforts Toward Rehabilitation

If a licensee has actively sought rehabilitation or taken steps to correct their behavior, this can significantly influence the Board’s decision. Demonstrating a sincere commitment to addressing the underlying issues that led to the violation can serve as a strong mitigating factor. For instance, participation in counseling, or additional training can showcase the licensee’s dedication to professional growth and ethical practice.

4. Actual Knowledge of the Violation

The licensee’s actual knowledge of the violation at the time it occurred is also a critical consideration. If the licensee did not have a reasonable understanding that their actions violated regulations, the Board may view this as a mitigating circumstance. However, ignorance of the law is not always a valid defense, and professionals need to remain informed about the regulations governing their practice.

5. Attempts to Correct Violations

The Board may look more favorably upon licensees who have made genuine attempts to correct their violations or prevent future occurrences. If a licensee proactively addressed the issue, such as by implementing new policies or seeking guidance from mentors, this can be a significant mitigating factor. It demonstrates accountability and a commitment to improving one’s practice.

6. Effect of the Penalty on Livelihood

Finally, the potential impact of the penalty on the licensee’s livelihood is a consideration that the Board may take into account. If a severe penalty would result in undue hardship—such as loss of employment or inability to support dependents—the Board may consider a more lenient approach. This factor highlights the delicate balance between accountability and compassion in the disciplinary process.

The Balancing Act

When reviewing a case, the Florida Board of Psychology must weigh these aggravating and mitigating factors to arrive at a fair and just outcome. The goal is not only to impose penalties that are appropriate for the violation but also to promote rehabilitation and protect the public.

In practice, this balancing act can be challenging. A licensee facing multiple aggravating factors may argue for leniency based on significant mitigating circumstances. Conversely, a licensee with a clean record but a severe violation may face a more stringent penalty due to the impact of their actions on the public.

When to Lean on Legal Counsel

Understanding the aggravating and mitigating factors that the Florida Board of Psychology considers is essential for any licensee facing disciplinary action. For your professional license, the stakes are high; the consequences of violations can be profound, affecting not only the licensee’s career but also the lives of those they serve. 

When you need guidance on these licensing issues, Howell, Buchan & Strong is committed to providing comprehensive support and representation. Our experienced team understands the complexities of licensing issues and can help licensees effectively address the Board’s considerations to achieve the best possible resolution.

If you or someone you know is facing disciplinary action before the Florida Board of Psychology, contact Howell, Buchan & Strong today for a consultation. We are here to help you navigate this challenging process with confidence.

Brian Russell, Ph.D. is licensed in Florida as a psychologist and practicing attorney.  He represents licensed psychologists who are under investigation by the Department of Health (DOH) and Florida Board of Psychology, or have received an Administrative Complaint or Emergency Suspension Order regarding their professional license. He is available for consultation.