What Every Florida Psychologist Should Know About Board Investigations and Legal Defense

For Florida psychologists, maintaining professional boundaries, accurate documentation, and ethical clarity is essential, but even the most thoughtful and diligent provider can find themselves on the receiving end of a Department of Health complaint.

In many cases, it’s not egregious misconduct that initiates a Board investigation. More often, it begins when a patient, especially one already struggling with trust, abandonment, or attachment issues, feels betrayed when a psychologist ends treatment or recommends a referral to another provider.

These complaints, even if unfounded or based on emotion rather than fact, can trigger a formal investigation process with serious consequences. That’s why it’s crucial to understand how the system works—and how to strategically protect yourself with experienced legal support.

The Role of the Florida Board of Psychology

The Florida Board of Psychology, operating under the Department of Health, oversees licensing and enforces the state’s ethical and practice standards.

The Board investigates any complaint that alleges a violation of Florida law or rule. Even a single complaint—regardless of merit—can lead to interviews, subpoenas for records, administrative hearings, fines, or even license suspension or revocation.

The Real-World Triggers for Board Complaints

Psychologists in Florida often face complaints not because of overt misconduct, but due to misunderstandings, emotional distress, or a breakdown in the therapeutic relationship. Below are the most common triggers:

1. Complaints of Abandonment or Feeling Shamed

A significant number of complaints come from patients who feel emotionally wounded when therapy is terminated or a psychologist recommends transitioning to another provider.

It might be because the psychologist says, “I don’t think I’m the right fit for you,” or “You may need more frequent care than I can offer.”

To a mentally vulnerable patient, this may sound like rejection or judgment. They may interpret it as being “shamed for being mentally ill,” or claim abandonment, even if the psychologist followed all ethical protocols.

This is often the nature of the work: some patients may not attend sessions regularly, fail to make progress, or push back when their treatment plan is adjusted. But in today’s litigious and emotionally charged climate, this kind of therapeutic rupture can quickly escalate into a formal complaint.

Tip to Avoid: Document all termination and referral discussions thoroughly. Provide clear rationale in your notes and offer multiple appropriate resources for continued care. Consider involving a colleague or supervisor when planning the termination of care, especially for complex patients.

2. Inadequate Documentation

Failure to maintain proper records is one of the top reasons complaints gain traction. The Florida Administrative Code sets clear standards for documentation, including patient history, treatment plans, progress notes, and session summaries.

Tip to Avoid: Use a secure, HIPAA-compliant system and develop a process to review and audit your records periodically. If documentation isn’t your strength, invest in training or seek peer support.

3. Breaches of Confidentiality

Confidentiality is the bedrock of the therapeutic alliance. Accidental disclosures, improper record sharing, or even an unsecured email can result in a HIPAA violation, triggering Board scrutiny.

Tip to Avoid: Train your entire clinical team on confidentiality, and document all signed authorizations. When in doubt, immediately seek legal advice. This proactive step allows you to determine the necessary actions and complete them within any relevant deadlines.

4. Impairment or Substance Use

Psychologists are not immune to stress, burnout, or substance misuse. Complaints may arise if a colleague, staff member, or patient perceives impairment, even if none exists.

Tip to Avoid: If you’re struggling, seek help early. Florida’s Professional Resource Network (PRN) provides confidential assistance that can reduce disciplinary consequences and support your recovery.

5. Boundary Violations (Less Common, But High Risk)

While true boundary violations are less common than emotional complaints, they still occur and carry serious consequences. These include dual relationships, financial entanglements, or socializing with patients outside of sessions.

Tip to Avoid: Set and communicate clear boundaries early in the therapeutic relationship. When in doubt, consult with colleagues and document all decisions involving boundary concerns

6. Sexual Misconduct or Harassment Allegations

These cases are rare, but the consequences are swift and severe. Even false or exaggerated claims can trigger emergency suspension.

Tip to Avoid: Always maintain physical and emotional boundaries. Use chaperones when appropriate, and avoid any behavior that could be construed as suggestive, flirtatious, or ambiguous.

What Happens When a Complaint Is Filed?

Once a complaint is submitted, it follows a structured process through the Department of Health:

1. Initial Review

The Department reviews whether the complaint falls under its jurisdiction and if it alleges a potential violation. If it meets the threshold, an investigation is opened.

2. Investigation Phase

Investigators may contact you to request medical records, emails, or documentation. You’ll receive a formal notice and be asked to provide a written response.

Important Tip: Before submitting your response, notify your malpractice carrier. Most policies require it. You’ll want to understand what coverage (typically $25,000 for non-malpractice complaints) is available for legal defense.

3. Probable Cause Panel

A panel of Board members reviews all evidence to determine whether formal charges are warranted.

4. Administrative Complaint

If probable cause is found, a formal complaint is issued. You may then choose to attend a hearing, enter settlement negotiations, or accept the proposed disciplinary measures.

5. Final Order

At this stage, the Board may issue fines, mandate additional education, place restrictions on your license, or revoke it entirely.

Why You Should Never Face the Board Alone

Responding to a complaint—especially without legal guidance—can create more problems than it solves. Here’s why skilled legal counsel is vital:

1. You May Make the Problem Worse

Even a well-meaning or factual response can unintentionally admit liability or raise new questions. Strategic responses at the start of the process can prevent escalation to formal charges.

2. You Need a Guide Who Knows the System

Administrative law is complex. Attorneys experienced in Board matters know how to structure a response, when to speak, when to stay silent, and how to negotiate a favorable resolution.

3. Your License Is Your Career

At Howell, Buchan & Strong, we’ve helped hundreds of licensed professionals across Florida defend their reputations and protect their livelihoods. We understand the stakes—and we’re here to help you make the smartest moves early in the process.

4. A Good Lawyer May Keep Your Case Quiet

In many cases, early involvement by a qualified attorney can resolve matters before they reach the public record or result in lasting disciplinary action.

How Howell, Buchan & Strong Can Help

We assist psychologists throughout Florida with:

• Early case analysis and strategy
  

• Crafting effective written responses
  

• Representing you in interviews and hearings
  

• Negotiating settlements or alternative resolutions
  

• Appealing unfavorable outcomes
  

We don’t just know the law—we understand the profession. Let us help you defend the license you’ve worked so hard to earn.