PSYCHOLOGISTS & LICENSED THERAPISTS CHARGED WITH DUI

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DUI CHARGES - PSYCHOLOGISTS & LICENSED THERAPISTS

PSYCHOLOGISTS CHARGED WITH A MISDEMEANOR OR FELONY (PSYCHOLOGISTS HAVE BOARD OF PSYCHOLOGY BUT ALSO FALL UNDER THE BOARD OF BEHAVIORAL SCIENCES)

Psychologists are subject to discipline by the Board of Psychology and the Board of Behavioral Psychology.

PSYCHOLOGISTS FACING DUI CHARGES

A Psychology Licensee in the California can expect the BOP will be notified within a week of an arrest if there is any indication of alcohol or drugs involved. Thus, Psychologists facing DUI charges should expect to be contacted about the DUI arrest within a short time of the DUI arrest. While the BOP does not have a requirement to self-report an arrest for a misdemeanor DUI, your application for licensing or renewal of licensing does require disclosure of criminal convictions including DUI or Reckless Driving.

http://www.psychology.ca.gov/forms_pubs/conviction.pdf

The Board does take rehabilitation into consideration. Pursuant to California Code of Regulations, Title 16, §1395, when considering the denial of a license or registration under §480 of the Code, the Board of Psychology, in evaluating the rehabilitation of the applicant and his or her present eligibility for a license or registration, will consider the following criteria:

  • The nature and severity of the act(s) or crime(s) under consideration as grounds for denial.
  • Evidence of any act(s) committed subsequent to the act(s) or crime(s) under consideration as grounds for denial which also could be considered as grounds for denial under section 480 of the Code.
  • The time that has elapsed since commission of the act(s) or crime(s) referred to in subdivision (1) or (2) of section 1395.
  • The extent to which the applicant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant.
  • Evidence, if any, of rehabilitation submitted by the applicant.

The BBS oversees licensed LMFTs, LCSWs, LPCCs, and LEPs. The BBS reviews each Licensee’s criminal history on a case by case basis. Applicants who have prior criminal convictions that are substantially related to the practice of the professional license will be denied if they cannot prove sufficient rehabilitation for safe practice. Each applicant is required report any misdemeanor and/or felony conviction unless it was a Juvenile Court adjudication, a violation of Health & Safety code § 11357(b)(c)(d), (e) or §11360(b) which is two years or older, any charge dismissed pursuant to Penal Code § 1000.3. Any traffic violations for which a fine of $500.00 or less was imposed, or an infraction of law, do not need to be disclosed.

Convictions dismissed pursuant to Penal Code Sections 1203.4, 1203.4a, or 1203.41 must still be reported.

For each reportable conviction, the applicant is required to provide:

  • A detailed written statement using the Background Statement Form to describe the actions which led to the arrest and/or convictions. All Background Statement Forms must have an original signature and be dated;
  • Copies of police reports;
  • Certified copies of the court documents; and
  • Sufficient evidence of rehabilitation which can include proof of compliance with voluntary or court ordered programs and letters of recommendation from employers, instructors or others,

If required to submit conviction information, you must be prepared to gather copies of the complaint or indictment, minute order, summary of judgment, any pre-sentencing/probation report, information regarding dismissal pursuant to Penal Code Sections 2303.4, 1203.4a, or 1203.4, and any other documentation regarding the conviction.

http://www.bbs.ca.gov/pdf/publications/faqs_applicants_and_disclosing_conv.pdf

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