Receiving notice of a board investigation can be an unsettling experience for any psychologist. Years of education, training, and professional reputation may suddenly feel at risk. Whether the complaint stems from a misunderstanding, a professional disagreement, or a more serious allegation, navigating the investigation process can be complex and challenging.
Understanding how board investigations work, what rights psychologists have, and the best steps to take can significantly affect the outcome of your case. Responding strategically and securing proper legal guidance can help protect a professional license and ensure a fair review. Accessing reliable psychologist license defense resources can provide valuable insight into how to approach disciplinary investigations with confidence and clarity.
This guide provides a clear breakdown of the Massachusetts Board of Registration of Psychologists (BORP) investigation process, common reasons for complaints, and practical steps to handle the situation effectively.
Understanding Board Investigations Against Psychologists
Board investigations are conducted by the Massachusetts Board of Registration of Psychologists (BORP), the regulatory body overseeing licensed psychologists in the state. Their primary role is to ensure that psychologists adhere to ethical and legal standards while practicing.
Common Reasons for Board Investigations
Investigations can be triggered by various complaints, including:
- Allegations of ethical misconduct or unprofessional behavior
- Claims of boundary violations with patients
- Issues related to informed consent, confidentiality breaches, or improper record-keeping
- Complaints about billing fraud or insurance irregularities
- Concerns regarding substance abuse, impairment, or personal conduct
Sometimes, investigations arise from misunderstandings or exaggerated claims. In other cases, they may reveal serious violations requiring disciplinary action.
Possible Consequences of a Board Investigation
A board investigation can lead to several outcomes, including:
- Case Dismissal – The board may close the case without action if it doesn’t find substantial evidence of wrongdoing.
- Written Warning or Censure – The board may issue a warning without imposing restrictions on the psychologist’s license.
- Probation or Mandated Continuing Education – Some cases result in temporary restrictions or required professional development.
- License Suspension or Revocation – In severe cases, a psychologist may permanently lose their right to practice.
Massachusetts General Laws Chapter 112, Sections 118–129A, and the American Psychological Association (APA) Ethics Code guide the board’s decision-making process.
“Psychologists under investigation should exercise their right to legal representation at every stage. Responding strategically can make the difference between license retention and revocation.”
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Steps to Take When Facing a Board Investigation
Facing a complaint can feel overwhelming, but your actions in the early stages often determine the outcome. Each step matters, and taking a careful, strategic approach is essential.
Do Not Ignore the Complaint
Failing to respond can result in a default judgment, meaning the board may rule against you without considering your side. Even if you believe the complaint is frivolous, you must address it professionally.
Review the Complaint & Gather Evidence
Identify what law, ethical principle, or regulation the board believes you may have violated. Begin gathering documents such as patient records, billing information, email communications, and potential witness statements.
Consult an Attorney with Experience in Board Investigations
Self-representation often leads to costly mistakes. Working with an experienced Boston criminal defense lawyer who understands board investigations ensures your responses are strategic, your rights are protected, and potential outcomes are carefully negotiated.
Maintain Professionalism & Ethical Integrity
Avoid retaliating against the complainant, contacting them directly, or altering records. Any attempt to manipulate evidence or intimidate witnesses can make matters worse.
Prepare for Formal Hearings (If Required)
A hearing is similar to a trial. The board presents allegations, allows the psychologist to respond, and hears from witnesses. Strong legal defense is crucial in shaping the outcome.
Key Considerations & Defenses in Board Investigations
Not all complaints result in discipline. Common defenses include:
- Lack of Evidence – Showing insufficient proof exists.
- Good Faith Actions – Demonstrating that professional judgment followed ethical guidelines.
- Procedural Errors – Highlighting flaws in the board’s process.
- Contextual Factors – Showing the complaint arose from misunderstanding or false claims.
Board Investigation Process Overview
|
Stage
|
What Happens |
Possible Outcomes
|
| Complaint Filing |
Complaint submitted to BORP |
Dismissal or move to review |
| Initial Review |
Psychologist notified, response requested |
No action, investigation, or warning issued |
| Investigation |
Evidence gathered, witnesses interviewed |
Dismissal, informal resolution, or formal charges |
| Formal Hearing |
Defense presented before a panel |
License discipline, fines, or full exoneration |
| Board Decision |
Final ruling based on evidence & arguments |
Reinstatement, suspension, or revocation |
FAQs
How long does a board investigation typically take?
It can take several months to over a year, depending on complexity, witnesses, and whether formal hearings are needed.
Can I continue practicing while under investigation?
Yes, unless a temporary suspension is imposed. However, disciplinary actions may appear on public records.
What happens if I refuse to cooperate?
Non-cooperation can lead to automatic suspension or revocation, often seen as an admission of guilt.
Can an investigation lead to criminal charges?
Yes. Fraud, abuse, or misconduct may trigger criminal prosecution alongside disciplinary action.
How can a lawyer help?
An attorney ensures your responses are strategic, protects your rights during hearings, and can negotiate for reduced penalties.
Get Legal Help When Facing a Board Investigation as a Psychologist
A board investigation can be daunting, but early action can protect both your license and career. Complaints may arise from patient concerns, ethical issues, or administrative errors. Each case is reviewed closely, often involving evidence collection, interviews, and potential hearings.
With the right strategy whether highlighting lack of evidence, identifying board errors, or demonstrating good faith actions psychologists can often minimize or avoid discipline.
The best way to protect your professional future is to consult an experienced attorney as soon as possible. Legal guidance ensures that responses are evidence-based and aligned with professional standards.
Legal Assistance from Riccio Law
For psychologists facing board investigations in Boston, Quincy, or across Massachusetts, Attorney Anthony Riccio offers experienced representation in professional license defense. With deep knowledge of regulatory processes and board proceedings, he provides strategic guidance to protect licenses and reputations.
Early intervention can make all the difference. For legal support during a board investigation, contact Riccio Law for a confidential consultation.
