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 the 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.
Those facing an investigation don’t have to go through this experience alone. Understanding the process and preparing a strong response can help minimize risks and ensure the best possible resolution.
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.”
Steps to Take When Facing a Board Investigation
Do Not Ignore the Complaint
Don’t ignore the complaint if you receive a notice from the board. Failing to respond can result in a default judgment. This means the board may rule against you without considering your side. Even if you believe the complaint is frivolous or unfair, you must address it professionally.
Review the Complaint & Gather Evidence
Carefully review the complaint to understand the specific allegations. Identify what law, ethical principle, or regulation the board believes you may have violated. Begin gathering relevant documents, including:
- Patient records and therapy notes
- Email communications
- Billing and insurance records
- Witness statements from colleagues or supervisors
Consult an Attorney with Experience in Board Investigations
Handling a board investigation alone is risky. Self-representation often leads to costly mistakes. An experienced attorney can:
- Help you draft a strategic response to the board
- Identify weaknesses in the complaint
- Ensure your rights are protected during interviews and hearings
- Negotiate potential settlements or resolutions
An attorney can also help prevent disciplinary actions that could otherwise permanently impact your license.
Maintain Professionalism & Ethical Integrity
Even if the complaint is frustrating or unfair, avoid retaliating against the complainant. Do not attempt to:
- Contact the person who filed the complaint
- Alter or destroy records related to the case
- Discuss the investigation with colleagues who may be involved
Any attempt to manipulate evidence or intimidate witnesses can worsen your situation.
Prepare for Formal Hearings (If Required). Expect a process similar to a court trial if the investigation leads to a formal hearing. The board will:
- Present the evidence and allegations against you
- Allow you (or your attorney) to respond and present a defense
- Call witnesses, including patients, colleagues, or experts
A strong legal defense can make the difference between a dismissal and disciplinary action.
Key Considerations & Defenses in Board Investigations
Not all complaints result in disciplinary action. A strong defense may include:
- Lack of Evidence – Challenging the complaint by demonstrating insufficient proof.
- Good Faith Actions – Showing that your decisions followed ethical guidelines and professional judgment.
- Procedural Errors by the Board – Identifying flaws in the investigation process or lack of due process.
- Contextual Factors – Proving that the complaint stems from a misunderstanding or false accusations.
Board Investigation Process Overview
| Stage |
What Happens |
Possible Outcomes |
| Complaint Filing |
A complaint is submitted to the Massachusetts BORP |
Board reviews for merit or dismisses it |
| Initial Review |
Psychologist is notified & asked for a response |
No action, investigation, or warning issued |
| Investigation |
Board collects evidence, interviews witnesses |
Dismissal, informal resolution, or formal charges |
| Formal Hearing |
Psychologist presents defense before a panel |
License discipline, fines, or full exoneration |
| Board Decision |
Final ruling based on evidence & arguments |
License reinstatement, suspension, or revocation |
FAQs About Board Investigations for Psychologists
How long does a board investigation typically take?
Board investigations can take several months to over a year. Factors influencing the timeline include the complexity of the case, witness availability, and legal proceedings. The timeline varies based on evidence collection and the need for formal hearings.
Can I continue practicing while under investigation?
Yes, unless the board imposes a temporary or summary suspension. However, any disciplinary actions taken may appear on public records. This can affect employment opportunities and reputation.
What happens if I refuse to cooperate with the investigation?
Non-cooperation can lead to automatic suspension or revocation of your license. The board interprets non-compliance as an admission of guilt or lack of professionalism.
Can an investigation lead to criminal charges?
Yes. If the case involves fraud, abuse, or misconduct, law enforcement agencies may pursue criminal prosecution. This could result in potential jail time or fines.
How can a lawyer help during a board investigation?
An attorney ensures you respond correctly, protect your rights, and present a strong defense. They can also negotiate lesser penalties and help prevent career-ending disciplinary actions.
Get Legal Help When Facing a Board Investigation as a Psychologist
A board investigation can be daunting. Taking proactive steps can help safeguard a professional license and career. The key is to act quickly, respond strategically, and seek proper legal representation. Ignoring a complaint or responding without a complete understanding of the process can lead to serious consequences. These may include disciplinary actions or license revocation.
Board investigations often stem from patient complaints, ethical concerns, or procedural issues. The Massachusetts Board of Registration of Psychologists handles each case with scrutiny. The process typically includes a complaint review, evidence collection, interviews, and possible formal hearings. All of these require careful navigation.
Understanding common defenses—such as lack of evidence, procedural errors, or good faith actions—can help build a strong case. It’s crucial to be professional throughout the process. Avoid retaliation, document tampering, or self-incrimination. A well-prepared response, supported by legal expertise, can often result in a dismissed case or minimal disciplinary action.
The best way to approach an investigation is to consult an experienced attorney early in the process. Proper legal guidance ensures that responses are strategic, evidence-based, and aligned with professional regulations. Every case is unique, but a psychologist’s license and career should never be left to chance.
Legal Assistance from Riccio Law
For psychologists facing board investigations in Boston or Quincy, MA, Anthony Riccio offers experienced legal representation in professional license defense. With a deep understanding of Massachusetts regulatory processes and board proceedings, he provides strategic legal guidance to protect licenses and professional reputations. Early legal intervention can be the key to a favorable resolution.
For legal support during a board investigation, contact Riccio Law for a confidential consultation.
