5 Stumbling Blocks for Florida Licensed Psychologists

It often starts with a disgruntled patient

In Florida, many complaints against psychologists do not come from fellow professionals or the Board itself; instead, they start with patients who are upset, claiming, for example, that a psychologist is “incompetent” or ineffective.

The frustrating truth? Many of these initial complaints are inaccurate or unfounded. Your first instinct may be to explain the situation yourself, assuming the Board will see the misunderstanding and close the case. But that can be a dangerous move.

During the investigation, the Florida Board of Psychology or the Department of Health may uncover other issues unrelated to the original complaint, which can lead to probation, additional monitoring, or more serious discipline.

These “stumbling blocks” can arise from record-keeping lapses, billing practices, or concerns about professional boundaries. An experienced attorney can spot these risks early, help you gather proper documentation, and guide you in preventing a small complaint from becoming a career-altering problem.

If you receive a letter from the Board, call an attorney immediately. You typically have just 20 days to respond, and extensions are not guaranteed. The earlier you involve legal counsel, the more options you will have.

Here are five areas that can turn a minor complaint into a serious licensing issue, and how to protect yourself.

1. Boundary Violations and Improper Relationships

Definition: Any situation where a professional relationship with a patient crosses into personal territory, in some cases even after therapy has ended. This can include dual relationships or social involvement.

Impact: Even if the original complaint is dismissed, the Board may view any apparent boundary issues as red flags and could, for example, require additional education on clinical ethics. For example, attending a patient’s social event could trigger concerns about professional boundaries.

Legal Tip: Maintain clear, documented boundaries with current and former patients. If an investigation raises questions, your attorney can help frame your interactions within ethical guidelines as well as possible while remaining fully truthful.

2. Substance Abuse or Impairment

Definition: Allegations that drugs, alcohol, or other impairments affect your ability to practice safely.

Impact: Even if false, such claims must be investigated. This might lead to a required alcohol or drug evaluation.

Legal Tip: If substance abuse is alleged, even without merit, get legal counsel before speaking to the Board. Your attorney can ensure evaluations and responses are handled in a way that protects your license as much as possible.

3. Insurance or Billing Fraud

Definition: Improper billing practices, including overutilization of services, billing for non-covered services, or failing to terminate ineffective treatment.

Impact: While outright fraud may be more likely to be pursued federally (e.g., by CMS if it involves Medicare), the Board may still act if your billing patterns suggest you are failing to meet the standard of care, for example, billing for weekly therapy with the same patient for five years without documented symptom improvement or other benefit to the patient.

Legal Tip: Review billing and treatment duration regularly. Terminate services when clinically appropriate, and document the reasoning. An attorney can guide you on responding to audits or Board inquiries.

4. Inadequate Recordkeeping or Documentation

Definition: Failing to keep complete, accurate, and timely patient records, including diagnosis, start and stop times, and sufficient session notes.

Impact:  A complaint may uncover documentation deficiencies, which can result in disciplinary action even if the original complaint is dismissed.

Legal Tip: Develop and follow standardized recordkeeping procedures. If the Board finds deficiencies, your attorney can help you demonstrate corrective actions to try to help you avoid, or at least minimize, formal discipline.

5. Criminal Charges

Definition: Any criminal charge, from DUI to more serious offenses, that raises concerns about your fitness to practice.

Impact: Undisclosed convictions can lead to discipline.

Legal Tip: Always report convictions as required, and be prepared to provide documentation showing that you have completed any/all court-ordered requirements. An attorney can help you to determine what you’re required to report and to present your explanation in a truthful way that allays, or at least minimizes, potential Board concerns.

Learn More: What You Should Know about Your Legal Defense

Protecting Your License Starts the Moment You Are Notified

A letter from the Florida Board of Psychology is not something to ignore, and it’s not something to plan to handle alone. Even if you are confident the original complaint is unfounded, the investigation process can expose other areas of concern that you did not anticipate. In some cases, you may ultimately receive a guidance/cautionary letter rather than formal discipline, but even then the process is stressful and time-consuming.

At Howell, Buchan & Strong, we have years of experience defending licensed professionals before the Board and the Department of Health. We know how to identify potential stumbling blocks early, prepare the strongest possible responses, and protect your career to the greatest extent possible under the circumstances.

Call us as soon as you receive a complaint letter. The sooner we are involved, the better your chances of keeping your record and your reputation intact.